Rep. Barbara Flynn Currie
Filed: 5/10/2007
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1 | AMENDMENT TO HOUSE BILL 2377
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2 | AMENDMENT NO. ______. Amend House Bill 2377 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short Title. This Act may be cited as the | ||||||
5 | Supreme Court Historic Preservation Act. | ||||||
6 | Section 5. Definitions. For the purpose of this Act: | ||||||
7 | "Commission" means the Supreme Court Historic Preservation | ||||||
8 | Commission. | ||||||
9 | "Court" means the Illinois Supreme Court. | ||||||
10 | Section 10. Supreme Court Historic Preservation | ||||||
11 | Commission; creation; commissioners; appointments; terms; | ||||||
12 | compensation. | ||||||
13 | (a) The Supreme Court Historic Preservation Commission is | ||||||
14 | created within the Judicial Branch of State government. | ||||||
15 | (b) The Commission consists of 9 commissioners as follows: |
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1 | (1) the Administrative Director of the Illinois Courts | ||||||
2 | shall serve as a commissioner ex officio; | ||||||
3 | (2) Two commissioners appointed by the Court, one of | ||||||
4 | whom shall be designated as the chairperson of the | ||||||
5 | Commission upon appointment; | ||||||
6 | (3) Two commissioners appointed by the Governor; | ||||||
7 | (4) Two commissioners appointed by the President of the | ||||||
8 | Senate, one of whom may not belong to the same political | ||||||
9 | party as the President; and | ||||||
10 | (5) Two commissioners appointed by the Speaker of the | ||||||
11 | House of Representatives, one of whom may not belong to the | ||||||
12 | same political party as the Speaker. | ||||||
13 | (c) The terms of the initial appointed commissioners shall | ||||||
14 | commence upon qualification. Each appointing authority shall | ||||||
15 | designate one appointee to serve for a 2-year term running | ||||||
16 | through June 30, 2009, and each appointing authority shall | ||||||
17 | designate one appointee to serve for a 4-year term running | ||||||
18 | through June 30, 2011. The commissioner designated as the | ||||||
19 | chairperson by the Court must be appointed for a 4-year term. | ||||||
20 | The initial appointments must be made within 60 days after the | ||||||
21 | effective date of this Act. | ||||||
22 | (d) After the initial terms, commissioners shall serve for | ||||||
23 | 4-year terms commencing on July 1 of the year of appointment | ||||||
24 | and running through June 30 of the 4th following year. | ||||||
25 | Commissioners may be reappointed to one or more subsequent | ||||||
26 | terms. |
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1 | (e) Vacancies occurring other than at the end of a term | ||||||
2 | shall be filled by the appointing
authority only for the | ||||||
3 | balance of the term of the commissioner whose office is vacant. | ||||||
4 | (f) Terms shall run regardless of whether the position is | ||||||
5 | filled. | ||||||
6 | (g) The members of the Commission shall receive no | ||||||
7 | compensation for their service, except for their actual | ||||||
8 | expenses while in the discharge of their official duties. | ||||||
9 | Section 15. Commission policy, powers, and duties. The | ||||||
10 | Commission shall assist and advise the Court in regard to the | ||||||
11 | acquisition, collection, documentation, preservation, | ||||||
12 | cataloging, and related matters with respect to historic | ||||||
13 | aspects of buildings, objects, artifacts, documents, and | ||||||
14 | information, regardless of form, relating to the Illinois | ||||||
15 | judiciary. | ||||||
16 | Section 20. Supreme Court Historic Preservation Fund. | ||||||
17 | (a) The Supreme Court Historic Preservation Fund is created | ||||||
18 | as a special fund in the State treasury. Subject to | ||||||
19 | appropriation, the moneys in the Fund shall be used only by the | ||||||
20 | Commission as deemed appropriate for historic preservation and | ||||||
21 | related purposes, including the hiring of necessary staff. | ||||||
22 | (b) All moneys received by the Commission, including | ||||||
23 | without limitation, grants, gifts, donations, bequests, fees, | ||||||
24 | admissions, sales, and concessions, from any source, including |
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1 | private, public, governmental, and individual, must be | ||||||
2 | deposited into the Fund. All interest that is attributable to | ||||||
3 | moneys in the Fund must be deposited into the Fund. | ||||||
4 | (c) On July 1, 2008, or as soon thereafter as may be | ||||||
5 | practical, the State Treasurer shall transfer the amount of | ||||||
6 | $5,000,000 from the General Revenue Fund to the Supreme Court | ||||||
7 | Historic Preservation Fund. | ||||||
8 | Section 25. Annual report. The Commission shall provide a | ||||||
9 | report of its fiscal and programmatic activities to the Court, | ||||||
10 | the Governor, and the General Assembly, on or before January | ||||||
11 | 31, 2008, and annually thereafter. | ||||||
12 | Section 90. The State Finance Act is amended by adding | ||||||
13 | Section 5.675 and by changing Section 8h as follows: | ||||||
14 | (30 ILCS 105/5.675 new) | ||||||
15 | Sec. 5.675. The Supreme Court Historic Preservation Fund. | ||||||
16 | (30 ILCS 105/8h)
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17 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
18 | (a) Except as otherwise provided in this Section and | ||||||
19 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
20 | any other
State law to the contrary, the Governor
may, through | ||||||
21 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
22 | Comptroller to transfer
a specified sum from any fund held by |
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1 | the State Treasurer to the General
Revenue Fund in order to | ||||||
2 | help defray the State's operating costs for the
fiscal year. | ||||||
3 | The total transfer under this Section from any fund in any
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4 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
5 | revenues to be deposited
into the fund during that fiscal year | ||||||
6 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
7 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
8 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
9 | balances, the Governor may calculate and direct the State | ||||||
10 | Treasurer with the Comptroller to transfer additional amounts | ||||||
11 | determined by applying the formula authorized in Public Act | ||||||
12 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
13 | be made from a fund under this Section that would have the
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14 | effect of reducing the available balance in the fund to an | ||||||
15 | amount less than
the amount remaining unexpended and unreserved | ||||||
16 | from the total appropriation
from that fund estimated to be | ||||||
17 | expended for that fiscal year. This Section does not apply to | ||||||
18 | any
funds that are restricted by federal law to a specific use, | ||||||
19 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
20 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
21 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
22 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
23 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
24 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
25 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
26 | the Supplemental Low-Income Energy Assistance Fund, the Good |
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1 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
2 | Facility Development and Operation Fund, the Horse Racing | ||||||
3 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
4 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
5 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
6 | transfers may be made under this Section from the Pet | ||||||
7 | Population Control Fund. Notwithstanding any
other provision | ||||||
8 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
9 | this Section from the Road Fund or the State
Construction | ||||||
10 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
11 | revenues to be deposited
into the fund during that fiscal year | ||||||
12 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
13 | year 2005 through fiscal year 2007, no amounts may be | ||||||
14 | transferred under this Section from the Road Fund, the State | ||||||
15 | Construction Account Fund, the Criminal Justice Information | ||||||
16 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
17 | Mandatory Arbitration Fund.
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18 | In determining the available balance in a fund, the | ||||||
19 | Governor
may include receipts, transfers into the fund, and | ||||||
20 | other
resources anticipated to be available in the fund in that | ||||||
21 | fiscal year.
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22 | The State Treasurer and Comptroller shall transfer the | ||||||
23 | amounts designated
under this Section as soon as may be | ||||||
24 | practicable after receiving the direction
to transfer from the | ||||||
25 | Governor.
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26 | (a-5) Transfers directed to be made under this Section on |
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1 | or before February 28, 2006 that are still pending on May 19, | ||||||
2 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
3 | Act of the 94th General Assembly shall be redirected as | ||||||
4 | provided in Section 8n of this Act.
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5 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
6 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
7 | Services and Resources Act; or (iii) on or after January 1, | ||||||
8 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
9 | and Day and Temporary Labor Enforcement Fund. | ||||||
10 | (c) This Section does not apply to the Demutualization | ||||||
11 | Trust Fund established under the Uniform Disposition of | ||||||
12 | Unclaimed Property Act.
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13 | (d) This Section does not apply to moneys set aside in the | ||||||
14 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
15 | scholarships and residency programs under the Podiatric | ||||||
16 | Scholarship and Residency Act. | ||||||
17 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
18 | be made under this Section from, the Pension Stabilization | ||||||
19 | Fund.
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20 | (f) This Section does not apply to the Supreme Court | ||||||
21 | Historic Preservation Fund.
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22 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
23 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
24 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
25 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
26 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, |
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1 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
2 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
3 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
4 | eff. 6-6-06; revised 6-19-06.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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