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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Parks Act is amended by adding Section | ||||||||||||||||||||||||||||||||||
5 | 4d as follows: | ||||||||||||||||||||||||||||||||||
6 | (20 ILCS 835/4d new) | ||||||||||||||||||||||||||||||||||
7 | Sec. 4d. Lease of State parks to Vermilion County | ||||||||||||||||||||||||||||||||||
8 | Conservation District; trust fund. | ||||||||||||||||||||||||||||||||||
9 | (a) For the purposes of this Section: | ||||||||||||||||||||||||||||||||||
10 | (1) "Department" means the Department of Natural | ||||||||||||||||||||||||||||||||||
11 | Resources. | ||||||||||||||||||||||||||||||||||
12 | (2) "District" means the Vermilion County Conservation | ||||||||||||||||||||||||||||||||||
13 | District. | ||||||||||||||||||||||||||||||||||
14 | (3) "Parks" means Kickapoo State Park, Harry "Babe" | ||||||||||||||||||||||||||||||||||
15 | Woodyard State Natural Area, and Middlefork State Fish and | ||||||||||||||||||||||||||||||||||
16 | Wildlife Area. | ||||||||||||||||||||||||||||||||||
17 | (b) Notwithstanding any other provision of this Act or any | ||||||||||||||||||||||||||||||||||
18 | other law, as soon as possible after the effective date of this | ||||||||||||||||||||||||||||||||||
19 | amendatory Act of the 95th General Assembly, the Department | ||||||||||||||||||||||||||||||||||
20 | shall lease Kickapoo State Park, Harry "Babe" Woodyard State | ||||||||||||||||||||||||||||||||||
21 | Natural Area, and Middlefork State Fish and Wildlife Area to | ||||||||||||||||||||||||||||||||||
22 | the Vermilion County Conservation District for operation and | ||||||||||||||||||||||||||||||||||
23 | management of those parks by the District, upon payment by the |
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1 | District of one dollar and subject to the following conditions: | ||||||
2 | (1) The lease shall terminate 2 years after the | ||||||
3 | effective date of this amendatory Act of the 95th General | ||||||
4 | Assembly, except that the lease may be renewed at that time | ||||||
5 | for a period agreed upon by the Department and District. | ||||||
6 | (2) The District shall retain all revenues generated | ||||||
7 | during the lease and any lease renewal from the operation | ||||||
8 | of the parks. | ||||||
9 | (3) For each 12-month period of the lease and any lease | ||||||
10 | renewal, before the conclusion of each such 12-month | ||||||
11 | period, the District shall receive State appropriations | ||||||
12 | for the operation and management of the parks in an amount | ||||||
13 | at least equal to the Department's fiscal year 2007 total | ||||||
14 | aggregate expenditures with respect to the parks. Those | ||||||
15 | appropriations may be made from the trust fund established | ||||||
16 | in subsection (c). | ||||||
17 | (c) The Kickapoo State Park Trust Fund is established as a | ||||||
18 | special fund in the State treasury. The trust fund may receive | ||||||
19 | moneys from any lawful public or private source, and interest | ||||||
20 | accrued thereon shall be deposited into the trust Fund. Moneys | ||||||
21 | in the trust fund shall be appropriated only for use by the | ||||||
22 | District in the operation and management of the parks during | ||||||
23 | the lease or any lease renewal. Unobligated moneys remaining in | ||||||
24 | the trust Fund after the lease or any lease renewal shall be | ||||||
25 | appropriated only for use by the Department in the operation | ||||||
26 | and management of the parks. This trust fund is exempt from any |
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1 | sweep, transfer, or other budgetary maneuver that may result in | ||||||
2 | the use of the trust fund's moneys for a purpose other than the | ||||||
3 | operation or management of the parks. | ||||||
4 | (d) A person employed by the Department and assigned to | ||||||
5 | work at Kickapoo State Park until November 2, 2008, who is then | ||||||
6 | employed by the District and assigned to work at Kickapoo State | ||||||
7 | Park during the lease or any lease renewal and who is | ||||||
8 | subsequently employed by the Department after the lease or any | ||||||
9 | lease renewal shall have the same employment seniority within | ||||||
10 | the Department that the person had immediately before November | ||||||
11 | 2, 2008, and may apply for transfer of retirement fund | ||||||
12 | creditable service as provided in Sections 7-129.14 and | ||||||
13 | 14-105.8 of the Illinois Pension Code. | ||||||
14 | Section 10. The State Finance Act is amended by changing | ||||||
15 | Section 8h and by adding Section 5.750 as follows: | ||||||
16 | (30 ILCS 105/5.750 new)
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17 | Sec. 5.750. Kickapoo State Park Trust Fund. | ||||||
18 | (30 ILCS 105/8h)
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19 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
20 | (a) Except as otherwise provided in this Section and | ||||||
21 | Section 8n of this Act, and
notwithstanding any other
State law | ||||||
22 | to the contrary, the Governor
may, through June 30, 2007, from | ||||||
23 | time to time direct the State Treasurer and Comptroller to |
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1 | transfer
a specified sum from any fund held by the State | ||||||
2 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
3 | the State's operating costs for the
fiscal year. The total | ||||||
4 | transfer under this Section from any fund in any
fiscal year | ||||||
5 | shall not exceed the lesser of (i) 8% of the revenues to be | ||||||
6 | deposited
into the fund during that fiscal year or (ii) an | ||||||
7 | amount that leaves a remaining fund balance of 25% of the July | ||||||
8 | 1 fund balance of that fiscal year. In fiscal year 2005 only, | ||||||
9 | prior to calculating the July 1, 2004 final balances, the | ||||||
10 | Governor may calculate and direct the State Treasurer with the | ||||||
11 | Comptroller to transfer additional amounts determined by | ||||||
12 | applying the formula authorized in Public Act 93-839 to the | ||||||
13 | funds balances on July 1, 2003.
No transfer may be made from a | ||||||
14 | fund under this Section that would have the
effect of reducing | ||||||
15 | the available balance in the fund to an amount less than
the | ||||||
16 | amount remaining unexpended and unreserved from the total | ||||||
17 | appropriation
from that fund estimated to be expended for that | ||||||
18 | fiscal year. This Section does not apply to any
funds that are | ||||||
19 | restricted by federal law to a specific use, to any funds in
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20 | the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||||||
21 | Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||||||
22 | Teacher Health Insurance Security Fund, the Reviewing Court | ||||||
23 | Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||||||
24 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
25 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
26 | Supreme Court Special State Projects Fund, the Supplemental |
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1 | Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||||||
2 | Trust Fund, the Low-Level Radioactive Waste Facility | ||||||
3 | Development and Operation Fund, the Horse Racing Equity Trust | ||||||
4 | Fund, the Metabolic Screening and Treatment Fund, or the | ||||||
5 | Hospital Basic Services Preservation Fund, or to any
funds to | ||||||
6 | which Section 70-50 of the Nurse Practice Act applies. No | ||||||
7 | transfers may be made under this Section from the Pet | ||||||
8 | Population Control Fund. Notwithstanding any
other provision | ||||||
9 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
10 | this Section from the Road Fund or the State
Construction | ||||||
11 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
12 | revenues to be deposited
into the fund during that fiscal year | ||||||
13 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
14 | year 2005 through fiscal year 2007, no amounts may be | ||||||
15 | transferred under this Section from the Road Fund, the State | ||||||
16 | Construction Account Fund, the Criminal Justice Information | ||||||
17 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
18 | Mandatory Arbitration Fund.
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19 | In determining the available balance in a fund, the | ||||||
20 | Governor
may include receipts, transfers into the fund, and | ||||||
21 | other
resources anticipated to be available in the fund in that | ||||||
22 | fiscal year.
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23 | The State Treasurer and Comptroller shall transfer the | ||||||
24 | amounts designated
under this Section as soon as may be | ||||||
25 | practicable after receiving the direction
to transfer from the | ||||||
26 | Governor.
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1 | (a-5) Transfers directed to be made under this Section on | ||||||
2 | or before February 28, 2006 that are still pending on May 19, | ||||||
3 | 2006 (the effective date of Public Act 94-774) shall be | ||||||
4 | redirected as 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) Subsection (a) does not apply to, and no transfer may | ||||||
21 | be made under this Section from, the Illinois Power Agency | ||||||
22 | Operations Fund, the Illinois Power Agency Facilities Fund, the | ||||||
23 | Illinois Power Agency Debt Service Fund, and the Illinois Power | ||||||
24 | Agency Trust Fund.
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25 | (g)
This Section does not apply to the Veterans Service | ||||||
26 | Organization Reimbursement Fund.
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1 | (h)
This Section does not apply to the Supreme Court | ||||||
2 | Historic Preservation Fund.
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3 | (i) This Section does not apply to, and no transfer may be | ||||||
4 | made under this Section from, the Money Follows the Person | ||||||
5 | Budget Transfer Fund. | ||||||
6 | (j) This Section does not apply to the Kickapoo State Park | ||||||
7 | Trust Fund. | ||||||
8 | (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||||||
9 | eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; | ||||||
10 | 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | ||||||
11 | 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||||||
12 | eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||||||
13 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||||||
14 | 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||||||
15 | eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; | ||||||
16 | 95-876, eff. 8-21-08.)
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17 | Section 15. The Illinois Pension Code is amended by adding | ||||||
18 | Sections 7-129.14 and 14-105.8 and changing Section 14-152.1 as | ||||||
19 | follows: | ||||||
20 | (40 ILCS 5/7-129.14 new)
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21 | Sec. 7-129.14. Transfer to Article 14; Kickapoo State Park. | ||||||
22 | An active member of the State
Employees' Retirement System who | ||||||
23 | (i) is an employee of the Department of Natural Resources and | ||||||
24 | (ii) was an employee of the Department of Natural Resources |
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1 | prior to employment under this Article with the Vermilion | ||||||
2 | County Conservation District at Kickapoo State Park, may apply | ||||||
3 | for
transfer of his or her creditable service accumulated under | ||||||
4 | this Article for
service with the Vermilion County Conservation | ||||||
5 | District to the State Employees' Retirement System within 6 | ||||||
6 | months after his or her re-employment with the Department of | ||||||
7 | Natural Resources. At the time of the
transfer the Fund shall | ||||||
8 | pay to the State Employees' Retirement System an amount
equal | ||||||
9 | to: | ||||||
10 | (1) the amounts accumulated to the credit of the | ||||||
11 | applicant for such
service on the books of the Fund on the | ||||||
12 | date of transfer; and | ||||||
13 | (2) the corresponding employer credits, including | ||||||
14 | interest, on the
books of the Fund on the date of transfer. | ||||||
15 | Participation in this Fund with respect to the transferred | ||||||
16 | credits shall
terminate on the date of transfer.
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17 | (40 ILCS 5/14-105.8 new)
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18 | Sec. 14-105.8. Transfer from Article 7; Kickapoo State | ||||||
19 | Park. An active member of this System who (i) is an employee of | ||||||
20 | the Department of Natural Resources and (ii) was an employee of | ||||||
21 | the Department of Natural Resources prior to employment with | ||||||
22 | the Vermilion County Conservation District at Kickapoo State | ||||||
23 | Park, may apply for
transfer of his or her creditable service | ||||||
24 | accumulated under the Illinois Municipal Retirement Fund | ||||||
25 | Article for
service with the Vermilion County Conservation |
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1 | District to the State Employees' Retirement System within 6 | ||||||
2 | months after his or her re-employment with the Department of | ||||||
3 | Natural Resources. Payment by the Illinois Municipal | ||||||
4 | Retirement Fund to this System shall be made at the same time | ||||||
5 | and shall consist of amounts specified in Section 7-139.14 of | ||||||
6 | this Code. This payment by the Illinois Municipal Retirement | ||||||
7 | Fund shall be deemed to satisfy the amount that would have been | ||||||
8 | required if the member had participated in this Fund during the | ||||||
9 | period for which
credit is being transferred
and the member | ||||||
10 | shall not be required to make any further payment or have his | ||||||
11 | or her creditable service reduced in any manner. | ||||||
12 | (40 ILCS 5/14-152.1)
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13 | Sec. 14-152.1. Application and expiration of new benefit | ||||||
14 | increases. | ||||||
15 | (a) As used in this Section, "new benefit increase" means | ||||||
16 | an increase in the amount of any benefit provided under this | ||||||
17 | Article, or an expansion of the conditions of eligibility for | ||||||
18 | any benefit under this Article, that results from an amendment | ||||||
19 | to this Code that takes effect after June 1, 2005 ( the | ||||||
20 | effective date of Public Act 94-4) this amendatory Act of the | ||||||
21 | 94th General Assembly . "New benefit increase", however, does | ||||||
22 | not include any benefit increase resulting from the changes | ||||||
23 | made by this amendatory Act of the 95th General Assembly. | ||||||
24 | (b) Notwithstanding any other provision of this Code or any | ||||||
25 | subsequent amendment to this Code, every new benefit increase |
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1 | is subject to this Section and shall be deemed to be granted | ||||||
2 | only in conformance with and contingent upon compliance with | ||||||
3 | the provisions of this Section.
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4 | (c) The Public Act enacting a new benefit increase must | ||||||
5 | identify and provide for payment to the System of additional | ||||||
6 | funding at least sufficient to fund the resulting annual | ||||||
7 | increase in cost to the System as it accrues. | ||||||
8 | Every new benefit increase is contingent upon the General | ||||||
9 | Assembly providing the additional funding required under this | ||||||
10 | subsection. The Commission on Government Forecasting and | ||||||
11 | Accountability shall analyze whether adequate additional | ||||||
12 | funding has been provided for the new benefit increase and | ||||||
13 | shall report its analysis to the Public Pension Division of the | ||||||
14 | Department of Financial and Professional Regulation. A new | ||||||
15 | benefit increase created by a Public Act that does not include | ||||||
16 | the additional funding required under this subsection is null | ||||||
17 | and void. If the Public Pension Division determines that the | ||||||
18 | additional funding provided for a new benefit increase under | ||||||
19 | this subsection is or has become inadequate, it may so certify | ||||||
20 | to the Governor and the State Comptroller and, in the absence | ||||||
21 | of corrective action by the General Assembly, the new benefit | ||||||
22 | increase shall expire at the end of the fiscal year in which | ||||||
23 | the certification is made.
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24 | (d) Every new benefit increase shall expire 5 years after | ||||||
25 | its effective date or on such earlier date as may be specified | ||||||
26 | in the language enacting the new benefit increase or provided |
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1 | under subsection (c). This does not prevent the General | ||||||
2 | Assembly from extending or re-creating a new benefit increase | ||||||
3 | by law. | ||||||
4 | (e) Except as otherwise provided in the language creating | ||||||
5 | the new benefit increase, a new benefit increase that expires | ||||||
6 | under this Section continues to apply to persons who applied | ||||||
7 | and qualified for the affected benefit while the new benefit | ||||||
8 | increase was in effect and to the affected beneficiaries and | ||||||
9 | alternate payees of such persons, but does not apply to any | ||||||
10 | other person, including without limitation a person who | ||||||
11 | continues in service after the expiration date and did not | ||||||
12 | apply and qualify for the affected benefit while the new | ||||||
13 | benefit increase was in effect.
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14 | (Source: P.A. 94-4, eff. 6-1-05.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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