HB6707 95TH GENERAL ASSEMBLY

LRB095 22413 JAM 52825 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6707

Introduced , by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

20 ILCS 835/4d new
30 ILCS 105/5.750 new
30 ILCS 105/8h
40 ILCS 5/7-129.14 new
40 ILCS 5/14-105.8 new
40 ILCS 5/14-152.1

Amends the State Parks Act, the State Finance Act, and the Illinois Pension Code. Requires the Department of Natural Resources to lease to the Vermilion county Conservation District, for one dollar, Kickapoo State Park, Harry "Babe" Woodyard State Natural Area, and Middlefork State Fish and Wildlife Area for their operation and management for 2 years. Requires a specified level of State appropriations for the District's use, and authorizes the District to retain revenues generated by the parks. Permits lease renewals. Creates a special fund in the State treasury for appropriations for the parks, and exempts the fund from fund sweeps. Provides that a Department employee assigned to Kickapoo State Park who then works for the Vermilion county Conservation District during the lease and subsequently returns to employment with the Department (i) retains his or her prior seniority within the Department and (ii) may apply for transfer of retirement fund creditable service accumulated during employment with the conservation district. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Parks Act is amended by adding Section 4d as follows:

(20 ILCS 835/4d new)

Sec. 4d. Lease of State parks to Vermilion County Conservation District; trust fund.

(a) For the purposes of this Section:

(1) "Department" means the Department of Natural Resources.

(2) "District" means the Vermilion County Conservation District.

(3) "Parks" means Kickapoo State Park, Harry "Babe" Woodyard State Natural Area, and Middlefork State Fish and Wildlife Area.

(b) Notwithstanding any other provision of this Act or any other law, as soon as possible after the effective date of this amendatory Act of the 95th General Assembly, the Department shall lease Kickapoo State Park, Harry "Babe" Woodyard State Natural Area, and Middlefork State Fish and Wildlife Area to the Vermilion County Conservation District for operation and management of those parks by the District, upon payment by the District of one dollar and subject to the following conditions:

(1) The lease shall terminate 2 years after the effective date of this amendatory Act of the 95th General Assembly, except that the lease may be renewed at that time for a period agreed upon by the Department and District.

(2) The District shall retain all revenues generated during the lease and any lease renewal from the operation of the parks.

(3) For each 12-month period of the lease and any lease renewal, before the conclusion of each such 12-month period, the District shall receive State appropriations for the operation and management of the parks in an amount at least equal to the Department's fiscal year 2007 total aggregate expenditures with respect to the parks. Those appropriations may be made from the trust fund established in subsection (c).

(c) The Kickapoo State Park Trust Fund is established as a special fund in the State treasury. The trust fund may receive moneys from any lawful public or private source, and interest accrued thereon shall be deposited into the trust Fund. Moneys in the trust fund shall be appropriated only for use by the District in the operation and management of the parks during the lease or any lease renewal. Unobligated moneys remaining in the trust Fund after the lease or any lease renewal shall be appropriated only for use by the Department in the operation and management of the parks. This trust fund is exempt from any sweep, transfer, or other budgetary maneuver that may result in the use of the trust fund's moneys for a purpose other than the operation or management of the parks.

(d) A person employed by the Department and assigned to work at Kickapoo State Park until November 2, 2008, who is then employed by the District and assigned to work at Kickapoo State Park during the lease or any lease renewal and who is subsequently employed by the Department after the lease or any lease renewal shall have the same employment seniority within the Department that the person had immediately before November 2, 2008, and may apply for transfer of retirement fund creditable service as provided in Sections 7-129.14 and 14-105.8 of the Illinois Pension Code.

Section 10. The State Finance Act is amended by changing Section 8h and by adding Section 5.750 as follows:

(30 ILCS 105/5.750 new)

Sec. 5.750. Kickapoo State Park Trust Fund.

(30 ILCS 105/8h)

Sec. 8h. Transfers to General Revenue Fund.

(a) Except as otherwise provided in this Section and Section 8n of this Act, and notwithstanding any other State law to the contrary, the Governor may, through June 30, 2007, from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's operating costs for the fiscal year. The total transfer under this Section from any fund in any fiscal year shall not exceed the lesser of (i) 8% of the revenues to be deposited into the fund during that fiscal year or (ii) an amount that leaves a remaining fund balance of 25% of the July 1 fund balance of that fiscal year. In fiscal year 2005 only, prior to calculating the July 1, 2004 final balances, the Governor may calculate and direct the State Treasurer with the Comptroller to transfer additional amounts determined by applying the formula authorized in Public Act 93-839 to the funds balances on July 1, 2003. No transfer may be made from a fund under this Section that would have the effect of reducing the available balance in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund estimated to be expended for that fiscal year. This Section does not apply to any funds that are restricted by federal law to a specific use, to any funds in the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the Hospital Provider Fund, the Medicaid Provider Relief Fund, the Teacher Health Insurance Security Fund, the Reviewing Court Alternative Dispute Resolution Fund, the Voters' Guide Fund, the Foreign Language Interpreter Fund, the Lawyers' Assistance Program Fund, the Supreme Court Federal Projects Fund, the Supreme Court Special State Projects Fund, the Supplemental Low-Income Energy Assistance Fund, the Good Samaritan Energy Trust Fund, the Low-Level Radioactive Waste Facility Development and Operation Fund, the Horse Racing Equity Trust Fund, the Metabolic Screening and Treatment Fund, or the Hospital Basic Services Preservation Fund, or to any funds to which Section 70-50 of the Nurse Practice Act applies. No transfers may be made under this Section from the Pet Population Control Fund. Notwithstanding any other provision of this Section, for fiscal year 2004, the total transfer under this Section from the Road Fund or the State Construction Account Fund shall not exceed the lesser of (i) 5% of the revenues to be deposited into the fund during that fiscal year or (ii) 25% of the beginning balance in the fund. For fiscal year 2005 through fiscal year 2007, no amounts may be transferred under this Section from the Road Fund, the State Construction Account Fund, the Criminal Justice Information Systems Trust Fund, the Wireless Service Emergency Fund, or the Mandatory Arbitration Fund.

In determining the available balance in a fund, the Governor may include receipts, transfers into the fund, and other resources anticipated to be available in the fund in that fiscal year.

The State Treasurer and Comptroller shall transfer the amounts designated under this Section as soon as may be practicable after receiving the direction to transfer from the Governor.

(a-5) Transfers directed to be made under this Section on or before February 28, 2006 that are still pending on May 19, 2006 (the effective date of Public Act 94-774) shall be redirected as provided in Section 8n of this Act.

(b) This Section does not apply to: (i) the Ticket For The Cure Fund; (ii) any fund established under the Community Senior Services and Resources Act; or (iii) on or after January 1, 2006 (the effective date of Public Act 94-511), the Child Labor and Day and Temporary Labor Enforcement Fund.

(c) This Section does not apply to the Demutualization Trust Fund established under the Uniform Disposition of Unclaimed Property Act.

(d) This Section does not apply to moneys set aside in the Illinois State Podiatric Disciplinary Fund for podiatric scholarships and residency programs under the Podiatric Scholarship and Residency Act.

(e) Subsection (a) does not apply to, and no transfer may be made under this Section from, the Pension Stabilization Fund.

(f) Subsection (a) does not apply to, and no transfer may be made under this Section from, the Illinois Power Agency Operations Fund, the Illinois Power Agency Facilities Fund, the Illinois Power Agency Debt Service Fund, and the Illinois Power Agency Trust Fund.

(g) This Section does not apply to the Veterans Service Organization Reimbursement Fund.

(h) This Section does not apply to the Supreme Court Historic Preservation Fund.

(i) This Section does not apply to, and no transfer may be made under this Section from, the Money Follows the Person Budget Transfer Fund.

(j) This Section does not apply to the Kickapoo State Park Trust Fund.

(Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; 95-876, eff. 8-21-08.)

Section 15. The Illinois Pension Code is amended by adding Sections 7-129.14 and 14-105.8 and changing Section 14-152.1 as follows:

(40 ILCS 5/7-129.14 new)

Sec. 7-129.14. Transfer to Article 14; Kickapoo State Park. An active member of the State Employees' Retirement System who (i) is an employee of the Department of Natural Resources and (ii) was an employee of the Department of Natural Resources prior to employment under this Article with the Vermilion County Conservation District at Kickapoo State Park, may apply for transfer of his or her creditable service accumulated under this Article for service with the Vermilion County Conservation District to the State Employees' Retirement System within 6 months after his or her re-employment with the Department of Natural Resources. At the time of the transfer the Fund shall pay to the State Employees' Retirement System an amount equal to:

(1) the amounts accumulated to the credit of the applicant for such service on the books of the Fund on the date of transfer; and

(2) the corresponding employer credits, including interest, on the books of the Fund on the date of transfer.

Participation in this Fund with respect to the transferred credits shall terminate on the date of transfer.

(40 ILCS 5/14-105.8 new)

Sec. 14-105.8. Transfer from Article 7; Kickapoo State Park. An active member of this System who (i) is an employee of the Department of Natural Resources and (ii) was an employee of the Department of Natural Resources prior to employment with the Vermilion County Conservation District at Kickapoo State Park, may apply for transfer of his or her creditable service accumulated under the Illinois Municipal Retirement Fund Article for service with the Vermilion County Conservation District to the State Employees' Retirement System within 6 months after his or her re-employment with the Department of Natural Resources. Payment by the Illinois Municipal Retirement Fund to this System shall be made at the same time and shall consist of amounts specified in Section 7-139.14 of this Code. This payment by the Illinois Municipal Retirement Fund shall be deemed to satisfy the amount that would have been required if the member had participated in this Fund during the period for which credit is being transferred and the member shall not be required to make any further payment or have his or her creditable service reduced in any manner.

(40 ILCS 5/14-152.1)

Sec. 14-152.1. Application and expiration of new benefit increases.

(a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after June 1, 2005 (the effective date of Public Act 94-4) this amendatory Act of the 94th General Assembly. "New benefit increase", however, does not include any benefit increase resulting from the changes made by this amendatory Act of the 95th General Assembly.

(b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section.

(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues.

Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection. The Commission on Government Forecasting and Accountability shall analyze whether adequate additional funding has been provided for the new benefit increase and shall report its analysis to the Public Pension Division of the Department of Financial and Professional Regulation. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void. If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.

(d) Every new benefit increase shall expire 5 years after its effective date or on such earlier date as may be specified in the language enacting the new benefit increase or provided under subsection (c). This does not prevent the General Assembly from extending or re-creating a new benefit increase by law.

(e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.

(Source: P.A. 94-4, eff. 6-1-05.)

Section 99. Effective date. This Act takes effect upon becoming law.