HB0032 Engrossed LRB095 03685 HLH 23712 b

1     AN ACT concerning the Adeline Jay Geo-Karis Illinois Beach
2 Marina.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 5. The Department of Natural Resources Act is
6 amended by adding Section 1-40 as follows:
 
7     (20 ILCS 801/1-40 new)
8     Sec. 1-40. Adeline Jay Geo-Karis Illinois Beach Marina;
9 maintenance. The Department shall formulate and implement a
10 10-year program for the maintenance and reconstruction of the
11 Adeline Jay Geo-Karis Illinois Beach Marina. The program shall
12 be in place no later than January 1, 2008, and shall be known
13 as the Adeline Jay Geo-Karis Illinois Beach Marina Program.
 
14     Section 10. The State Finance Act is amended by changing
15 Sections 8.25c and 8h as follows:
 
16     (30 ILCS 105/8.25c)  (from Ch. 127, par. 144.25c)
17     Sec. 8.25c. (a) Beginning in fiscal year 1991 and
18 continuing through the third quarter of fiscal year 1993, the
19 State Comptroller shall order transferred and the State
20 Treasurer shall transfer from the Illinois Beach Marina Fund
21 (now known as the Adeline Jay Geo-Karis Illinois Beach Marina

 

 

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1 Fund) to the General Revenue Fund 50% of the revenue deposited
2 into the Illinois Beach Marina Fund. Beginning in the fourth
3 quarter of fiscal year 1993 and thereafter until the sum of
4 $31,200,000 is paid to the General Revenue Fund, the State
5 Comptroller shall order transferred and the State Treasurer
6 shall transfer from the Adeline Jay Geo-Karis Illinois Beach
7 Marina Fund (formerly known as the Illinois Beach Marina Fund)
8 to the General Revenue Fund 35% 25% of the first $2,000,000 of
9 revenue deposited into the Adeline Jay Geo-Karis Illinois Beach
10 Marina Fund (formerly known as the Illinois Beach Marina Fund)
11 in any fiscal year, and 75% of the revenue deposited into the
12 Adeline Jay Geo-Karis Illinois Beach Marina Fund (formerly
13 known as the Illinois Beach Marina Fund) in excess of
14 $2,000,000 in any fiscal year; however, such transfers shall
15 not exceed $2,000,000 in any fiscal year. In addition,
16 beginning in fiscal year 1991 and thereafter until the sum of
17 $8,000,000 is paid to the State Boating Act Fund the State
18 Comptroller shall order transferred and the State Treasurer
19 shall transfer from the Adeline Jay Geo-Karis Illinois Beach
20 Marina Fund (formerly known as the Illinois Beach Marina Fund)
21 to the State Boating Act Fund 15% of the revenue deposited into
22 the Adeline Jay Geo-Karis Illinois Beach Marina Fund (formerly
23 known as the Illinois Beach Marina Fund). Beginning in fiscal
24 year 1992, the transfers from the Adeline Jay Geo-Karis
25 Illinois Beach Marina Fund (formerly known as the Illinois
26 Beach Marina Fund) to the State Boating Act Fund shall be made

 

 

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1 only at the direction of and in the amount authorized by the
2 Department of Natural Resources. Moneys transferred under
3 authorization of this Section to the State Boating Act Fund in
4 fiscal year 1992 before the effective date of this amendatory
5 Act of 1991 may be transferred to the Illinois Beach Marina
6 Fund (now known as the Adeline Jay Geo-Karis Illinois Beach
7 Marina Fund) at the direction of the Department of Natural
8 Resources. The transfers required under this Section shall be
9 made within 30 days after the end of each quarter based on the
10 State Comptroller's record of receipts for the quarter. The
11 initial transfers shall be made within 30 days after June 30,
12 1990 based on revenues received in the preceding quarter.
13 Additional transfers in excess of the limits established under
14 this Section may be authorized by the Department of Natural
15 Resources for accelerated payback of the amount due.
16     (b) The Department may, subject to appropriations by the
17 General Assembly, use monies in the Adeline Jay Geo-Karis
18 Illinois Beach Marina Fund (formerly known as the Illinois
19 Beach Marina Fund) to pay for operation, maintenance, repairs,
20 or improvements to the marina project; provided, however, that
21 payment of the amounts due under the terms of subsection (a)
22 shall have priority on all monies deposited in this Fund.
23     (c) Monies on deposit in excess of that needed for payments
24 to the General Revenue Fund and the State Boating Fund and in
25 excess of those monies needed for the operation, maintenance,
26 repairs, or improvements to the Adeline Jay Geo-Karis Illinois

 

 

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1 Beach Marina as determined by the Department of Natural
2 Resources may be transferred at the discretion of the
3 Department to the State Parks Fund.
4 (Source: P.A. 94-1042, eff. 7-24-06.)
 
5     (30 ILCS 105/8h)
6     Sec. 8h. Transfers to General Revenue Fund.
7     (a) Except as otherwise provided in this Section and
8 Section 8n of this Act, and (c), (d), or (e), notwithstanding
9 any other State law to the contrary, the Governor may, through
10 June 30, 2007, from time to time direct the State Treasurer and
11 Comptroller to transfer a specified sum from any fund held by
12 the State Treasurer to the General Revenue Fund in order to
13 help defray the State's operating costs for the fiscal year.
14 The total transfer under this Section from any fund in any
15 fiscal year shall not exceed the lesser of (i) 8% of the
16 revenues to be deposited into the fund during that fiscal year
17 or (ii) an amount that leaves a remaining fund balance of 25%
18 of the July 1 fund balance of that fiscal year. In fiscal year
19 2005 only, prior to calculating the July 1, 2004 final
20 balances, the Governor may calculate and direct the State
21 Treasurer with the Comptroller to transfer additional amounts
22 determined by applying the formula authorized in Public Act
23 93-839 to the funds balances on July 1, 2003. No transfer may
24 be made from a fund under this Section that would have the
25 effect of reducing the available balance in the fund to an

 

 

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1 amount less than the amount remaining unexpended and unreserved
2 from the total appropriation from that fund estimated to be
3 expended for that fiscal year. This Section does not apply to
4 any funds that are restricted by federal law to a specific use,
5 to any funds in the Motor Fuel Tax Fund, the Intercity
6 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
7 Provider Relief Fund, the Teacher Health Insurance Security
8 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
9 the Voters' Guide Fund, the Foreign Language Interpreter Fund,
10 the Lawyers' Assistance Program Fund, the Supreme Court Federal
11 Projects Fund, the Supreme Court Special State Projects Fund,
12 the Supplemental Low-Income Energy Assistance Fund, the Good
13 Samaritan Energy Trust Fund, the Low-Level Radioactive Waste
14 Facility Development and Operation Fund, the Horse Racing
15 Equity Trust Fund, or the Hospital Basic Services Preservation
16 Fund, or to any funds to which subsection (f) of Section 20-40
17 of the Nursing and Advanced Practice Nursing Act applies. No
18 transfers may be made under this Section from the Pet
19 Population Control Fund. Notwithstanding any other provision
20 of this Section, for fiscal year 2004, the total transfer under
21 this Section from the Road Fund or the State Construction
22 Account Fund shall not exceed the lesser of (i) 5% of the
23 revenues to be deposited into the fund during that fiscal year
24 or (ii) 25% of the beginning balance in the fund. For fiscal
25 year 2005 through fiscal year 2007, no amounts may be
26 transferred under this Section from the Road Fund, the State

 

 

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1 Construction Account Fund, the Criminal Justice Information
2 Systems Trust Fund, the Wireless Service Emergency Fund, or the
3 Mandatory Arbitration Fund.
4     In determining the available balance in a fund, the
5 Governor may include receipts, transfers into the fund, and
6 other resources anticipated to be available in the fund in that
7 fiscal year.
8     The State Treasurer and Comptroller shall transfer the
9 amounts designated under this Section as soon as may be
10 practicable after receiving the direction to transfer from the
11 Governor.
12     (a-5) Transfers directed to be made under this Section on
13 or before February 28, 2006 that are still pending on May 19,
14 2006 (the effective date of Public Act 94-774) this amendatory
15 Act of the 94th General Assembly shall be redirected as
16 provided in Section 8n of this Act.
17     (b) This Section does not apply to: (i) the Ticket For The
18 Cure Fund; (ii) any fund established under the Community Senior
19 Services and Resources Act; or (iii) on or after January 1,
20 2006 (the effective date of Public Act 94-511), the Child Labor
21 and Day and Temporary Labor Enforcement Fund.
22     (c) This Section does not apply to the Demutualization
23 Trust Fund established under the Uniform Disposition of
24 Unclaimed Property Act.
25     (d) This Section does not apply to moneys set aside in the
26 Illinois State Podiatric Disciplinary Fund for podiatric

 

 

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1 scholarships and residency programs under the Podiatric
2 Scholarship and Residency Act.
3     (e) Subsection (a) does not apply to, and no transfer may
4 be made under this Section from, the Pension Stabilization
5 Fund.
6     (f) This Section does not apply to the Adeline Jay
7 Geo-Karis Illinois Beach Marina Fund.
8 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
9 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
10 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
11 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
12 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
13 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
14 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff.
15 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839,
16 eff. 6-6-06; revised 6-19-06.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.