Rep. Renée Kosel
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 246
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2 | AMENDMENT NO. ______. Amend House Bill 246 on page 11, | ||||||
3 | immediately below line 14, by inserting the following:
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4 | "(5) Any bar that can provide written documentation | ||||||
5 | that less than 10% of its total revenue comes from food, a | ||||||
6 | casino, or a private club that can provide written | ||||||
7 | documentation that three-fifth's of its active members | ||||||
8 | approve of smoking on the club's premises, so long as the | ||||||
9 | bar, casino, or private club satisfies the following | ||||||
10 | requirements: | ||||||
11 | (A) The entity must obtain a permit from the | ||||||
12 | Department allowing smoking within the establishment. | ||||||
13 | A fee shall be required for the permit in the amount of | ||||||
14 | $1 per square foot of the establishment requesting the | ||||||
15 | permit. Entities requesting the permit shall submit | ||||||
16 | documentation of the square footage with the | ||||||
17 | submission of the application for the permit. The | ||||||
18 | entity must annually reapply for the permit. The |
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1 | Department shall deposit the application fees for the | ||||||
2 | permit into the Teen Smoking Cessation Fund. The Teen | ||||||
3 | Smoking Cessation Fund is created as a special fund in | ||||||
4 | the State treasury. All money in the Teen Smoking | ||||||
5 | Cessation Fund shall be used, subject to | ||||||
6 | appropriation, by the Department for teen smoking | ||||||
7 | cessation programs. | ||||||
8 | (B) The entity receiving the permit must post signs | ||||||
9 | notifying the public that smoking is allowed in the | ||||||
10 | establishment. The signs must be uniform and be at | ||||||
11 | least two feet by two feet in size. The signs must be | ||||||
12 | posted at every entrance to the establishment. If the | ||||||
13 | establishment posts the signs without obtaining a | ||||||
14 | permit from the Department, the establishment shall be | ||||||
15 | subject to a fine equal to 4 times the amount of the | ||||||
16 | permit fee for that establishment."; and | ||||||
17 | on page 14, by inserting the following immediately below line | ||||||
18 | 10: | ||||||
19 | "Section 78. The State Finance Act is amended by adding | ||||||
20 | Section 5.675 and changing Section 8h as follows: | ||||||
21 | (30 ILCS 105/5.675 new) | ||||||
22 | Sec. 5.675. The Teen Smoking Cessation Fund. |
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1 | (30 ILCS 105/8h)
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2 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
3 | (a) Except as otherwise provided in this Section and | ||||||
4 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
5 | any other
State law to the contrary, the Governor
may, through | ||||||
6 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
7 | Comptroller to transfer
a specified sum from any fund held by | ||||||
8 | the State Treasurer to the General
Revenue Fund in order to | ||||||
9 | help defray the State's operating costs for the
fiscal year. | ||||||
10 | The total transfer under this Section from any fund in any
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11 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
12 | revenues to be deposited
into the fund during that fiscal year | ||||||
13 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
14 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
15 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
16 | balances, the Governor may calculate and direct the State | ||||||
17 | Treasurer with the Comptroller to transfer additional amounts | ||||||
18 | determined by applying the formula authorized in Public Act | ||||||
19 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
20 | be made from a fund under this Section that would have the
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21 | effect of reducing the available balance in the fund to an | ||||||
22 | amount less than
the amount remaining unexpended and unreserved | ||||||
23 | from the total appropriation
from that fund estimated to be | ||||||
24 | expended for that fiscal year. This Section does not apply to | ||||||
25 | any
funds that are restricted by federal law to a specific use, | ||||||
26 | to any funds in
the Motor Fuel Tax Fund, the Intercity |
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1 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
2 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
3 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
4 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
5 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
6 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
7 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
8 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
9 | Facility Development and Operation Fund, the Teen Smoking | ||||||
10 | Cessation Fund, the Horse Racing Equity Trust Fund, or the | ||||||
11 | Hospital Basic Services Preservation Fund, or to any
funds to | ||||||
12 | which subsection (f) of Section 20-40 of the Nursing and | ||||||
13 | Advanced Practice Nursing Act applies. No transfers may be made | ||||||
14 | under this Section from the Pet Population Control Fund. | ||||||
15 | Notwithstanding any
other provision of this Section, for fiscal | ||||||
16 | year 2004,
the total transfer under this Section from the Road | ||||||
17 | Fund or the State
Construction Account Fund shall not exceed | ||||||
18 | the lesser of (i) 5% of the revenues to be deposited
into the | ||||||
19 | fund during that fiscal year or (ii) 25% of the beginning | ||||||
20 | balance in the fund.
For fiscal year 2005 through fiscal year | ||||||
21 | 2007, no amounts may be transferred under this Section from the | ||||||
22 | Road Fund, the State Construction Account Fund, the Criminal | ||||||
23 | Justice Information Systems Trust Fund, the Wireless Service | ||||||
24 | Emergency Fund, or the Mandatory Arbitration Fund.
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25 | In determining the available balance in a fund, the | ||||||
26 | Governor
may include receipts, transfers into the fund, and |
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1 | other
resources anticipated to be available in the fund in that | ||||||
2 | fiscal year.
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3 | The State Treasurer and Comptroller shall transfer the | ||||||
4 | amounts designated
under this Section as soon as may be | ||||||
5 | practicable after receiving the direction
to transfer from the | ||||||
6 | Governor.
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7 | (a-5) Transfers directed to be made under this Section on | ||||||
8 | or before February 28, 2006 that are still pending on May 19, | ||||||
9 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
10 | Act of the 94th General Assembly shall be redirected as | ||||||
11 | provided in Section 8n of this Act.
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12 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
13 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
14 | Services and Resources Act; or (iii) on or after January 1, | ||||||
15 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
16 | and Day and Temporary Labor Enforcement Fund. | ||||||
17 | (c) This Section does not apply to the Demutualization | ||||||
18 | Trust Fund established under the Uniform Disposition of | ||||||
19 | Unclaimed Property Act.
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20 | (d) This Section does not apply to moneys set aside in the | ||||||
21 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
22 | scholarships and residency programs under the Podiatric | ||||||
23 | Scholarship and Residency Act. | ||||||
24 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
25 | be made under this Section from, the Pension Stabilization | ||||||
26 | Fund.
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1 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
2 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
3 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
4 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
5 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
6 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
7 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
8 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
9 | eff. 6-6-06; revised 6-19-06.)".
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