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.


LRB095 22413 JAM 52825 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6707 LRB095 22413 JAM 52825 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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

 

 

HB6707 - 2 - LRB095 22413 JAM 52825 b

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

 

 

HB6707 - 3 - LRB095 22413 JAM 52825 b

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)
17     Sec. 5.750. Kickapoo State Park Trust Fund.
 
18     (30 ILCS 105/8h)
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

 

 

HB6707 - 4 - LRB095 22413 JAM 52825 b

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
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

 

 

HB6707 - 5 - LRB095 22413 JAM 52825 b

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.
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.
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.

 

 

HB6707 - 6 - LRB095 22413 JAM 52825 b

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

 

 

HB6707 - 7 - LRB095 22413 JAM 52825 b

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

 

 

HB6707 - 8 - LRB095 22413 JAM 52825 b

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.
 
17     (40 ILCS 5/14-105.8 new)
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

 

 

HB6707 - 9 - LRB095 22413 JAM 52825 b

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)
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

 

 

HB6707 - 10 - LRB095 22413 JAM 52825 b

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.
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.
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

 

 

HB6707 - 11 - LRB095 22413 JAM 52825 b

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.
14 (Source: P.A. 94-4, eff. 6-1-05.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.