Full Text of HB0032 95th General Assembly
HB0032 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0032
Introduced 1/19/2007, by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
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20 ILCS 801/1-40 new |
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30 ILCS 105/8.25c |
from Ch. 127, par. 144.25c |
30 ILCS 105/8h |
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Amends the Department of Natural Resources Act. Provides that the Department of Natural Resources shall formulate and implement a 10-year program that shall be in place by January 1, 2008 for the maintenance and reconstruction of the Adeline Jay Geo-Karis Illinois Beach Marina. Amends the State Finance Act. Provides that transfers from the Adeline Jay Geo-Karis Illinois
Beach Marina Fund to the General Revenue Fund shall not exceed $1,000,000 (now,
$2,000,000) in any fiscal year. Transfers an amount equal to the amount transferred from the Adeline Jay Geo-Karis Illinois Beach Marina Fund to the General Revenue Fund under certain provisions of the State Finance Act during fiscal years 2004, 2005, 2006, and 2007 from the General Revenue Fund to the Adeline Jay Geo-Karis Illinois Beach Marina Fund. Excludes the Adeline Jay Geo-Karis Illinois Beach Marina Fund from a provision of the State Finance Act that allows the Governor to transfer moneys from certain special funds into the General Revenue Fund. Effective immediately.
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A BILL FOR
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HB0032 |
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LRB095 03685 HLH 23712 b |
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| AN ACT concerning the Adeline Jay Geo-Karis Illinois Beach | 2 |
| Marina.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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)
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| 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.
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| Section 10. The State Finance Act is amended by changing | 15 |
| Sections 8.25c and 8h as follows:
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| (30 ILCS 105/8.25c) (from Ch. 127, par. 144.25c)
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| 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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LRB095 03685 HLH 23712 b |
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| 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
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| 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)
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| to the General Revenue Fund 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)
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| 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 $1,000,000
$2,000,000 in any fiscal year. In | 16 |
| addition,
beginning in fiscal year 1991 and thereafter until | 17 |
| the sum of $8,000,000
is paid to the State Boating Act Fund the | 18 |
| State Comptroller shall order
transferred and the State | 19 |
| Treasurer shall transfer from the Adeline Jay Geo-Karis | 20 |
| Illinois Beach Marina Fund (formerly known as the Illinois | 21 |
| Beach
Marina Fund)
to the State Boating Act Fund 15% of the | 22 |
| revenue deposited into
the Adeline Jay Geo-Karis Illinois Beach | 23 |
| Marina Fund (formerly known as the Illinois Beach Marina Fund). | 24 |
| Beginning in fiscal year 1992, the
transfers from the Adeline | 25 |
| Jay Geo-Karis Illinois Beach Marina Fund (formerly known as the | 26 |
| Illinois Beach Marina Fund) to the State Boating Act Fund
shall |
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| be made only at the direction of and in the amount authorized | 2 |
| by the
Department of Natural Resources. Moneys transferred | 3 |
| under
authorization of this
Section to the State Boating Act | 4 |
| Fund in fiscal year 1992 before the
effective date of this | 5 |
| amendatory Act of 1991 may be transferred to the
Illinois Beach | 6 |
| Marina Fund (now known as the Adeline Jay Geo-Karis Illinois | 7 |
| Beach Marina Fund) at the direction of the Department of | 8 |
| Natural
Resources. The transfers required under this Section
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| shall be made within 30 days after the end of each quarter | 10 |
| based on the
State Comptroller's record of receipts for the | 11 |
| quarter. The initial
transfers shall be made within 30 days | 12 |
| after June 30, 1990 based on
revenues received in the preceding | 13 |
| quarter. Additional transfers in
excess of the limits | 14 |
| established under this Section may be authorized by
the | 15 |
| Department of Natural Resources for accelerated
payback of the | 16 |
| amount due. As soon as is practical after the effective date of | 17 |
| this amendatory Act of the 95th General Assembly, the State | 18 |
| Comptroller shall order
transferred and the State Treasurer | 19 |
| shall transfer from the General Revenue Fund to the Adeline Jay | 20 |
| Geo-Karis Illinois Beach Marina Fund an amount equal to the | 21 |
| amount transferred from the Adeline Jay Geo-Karis Illinois | 22 |
| Beach Marina Fund to the General Revenue Fund under Section 8h, | 23 |
| 8.44, and 8.45 of this Act during State fiscal years 2004, | 24 |
| 2005, 2006, and 2007.
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| (b) The Department may, subject to appropriations by the | 26 |
| General Assembly,
use monies in the Adeline Jay Geo-Karis |
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| Illinois Beach Marina Fund (formerly known as the Illinois | 2 |
| Beach Marina Fund) to pay for operation,
maintenance, repairs, | 3 |
| or improvements to the marina project; provided,
however, that | 4 |
| payment of the amounts due under the terms of subsection (a)
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| shall have priority on all monies deposited in this Fund.
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| (c) Monies on deposit in excess of that needed for payments | 7 |
| to the
General Revenue Fund and the State Boating Fund and in | 8 |
| excess of those
monies needed for the operation, maintenance, | 9 |
| repairs, or improvements to
the Adeline Jay Geo-Karis Illinois | 10 |
| Beach Marina as determined by the Department of Natural
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| Resources may be transferred at the discretion of the
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| Department to the State Parks Fund.
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| (Source: P.A. 94-1042, eff. 7-24-06.)
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 16 |
| (a) Except as otherwise provided in this Section and | 17 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 18 |
| any other
State law to the contrary, the Governor
may, through | 19 |
| June 30, 2007, from time to time direct the State Treasurer and | 20 |
| Comptroller to transfer
a specified sum from any fund held by | 21 |
| the State Treasurer to the General
Revenue Fund in order to | 22 |
| help defray the State's operating costs for the
fiscal year. | 23 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 25 |
| revenues to be deposited
into the fund during that fiscal year |
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| or (ii) an amount that leaves a remaining fund balance of 25% | 2 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 3 |
| 2005 only, prior to calculating the July 1, 2004 final | 4 |
| balances, the Governor may calculate and direct the State | 5 |
| Treasurer with the Comptroller to transfer additional amounts | 6 |
| determined by applying the formula authorized in Public Act | 7 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 8 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 10 |
| amount less than
the amount remaining unexpended and unreserved | 11 |
| from the total appropriation
from that fund estimated to be | 12 |
| expended for that fiscal year. This Section does not apply to | 13 |
| any
funds that are restricted by federal law to a specific use, | 14 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 15 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 16 |
| Provider Relief Fund, the Teacher Health Insurance Security | 17 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 18 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 19 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 20 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 21 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 22 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 23 |
| Facility Development and Operation Fund, the Horse Racing | 24 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 25 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 26 |
| of the Nursing and Advanced Practice Nursing Act applies. No |
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| transfers may be made under this Section from the Pet | 2 |
| Population Control Fund. Notwithstanding any
other provision | 3 |
| of this Section, for fiscal year 2004,
the total transfer under | 4 |
| this Section from the Road Fund or the State
Construction | 5 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 6 |
| revenues to be deposited
into the fund during that fiscal year | 7 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 8 |
| year 2005 through fiscal year 2007, no amounts may be | 9 |
| transferred under this Section from the Road Fund, the State | 10 |
| Construction Account Fund, the Criminal Justice Information | 11 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 12 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 14 |
| Governor
may include receipts, transfers into the fund, and | 15 |
| other
resources anticipated to be available in the fund in that | 16 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 18 |
| amounts designated
under this Section as soon as may be | 19 |
| practicable after receiving the direction
to transfer from the | 20 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 22 |
| or before February 28, 2006 that are still pending on May 19, | 23 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 24 |
| Act of the 94th General Assembly shall be redirected as | 25 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The |
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| Cure Fund; (ii) any fund established under the Community Senior | 2 |
| Services and Resources Act; or (iii) on or after January 1, | 3 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 4 |
| and Day and Temporary Labor Enforcement Fund. | 5 |
| (c) This Section does not apply to the Demutualization | 6 |
| Trust Fund established under the Uniform Disposition of | 7 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 9 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 10 |
| scholarships and residency programs under the Podiatric | 11 |
| Scholarship and Residency Act. | 12 |
| (e) Subsection (a) does not apply to, and no transfer may | 13 |
| be made under this Section from, the Pension Stabilization | 14 |
| Fund.
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| (f) This Section does not apply to the Adeline Jay | 16 |
| Geo-Karis Illinois Beach Marina Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 18 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 19 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 20 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 21 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 22 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 23 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 24 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 25 |
| eff. 6-6-06; revised 6-19-06.)
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| Section 99. Effective date. This Act takes effect upon |
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HB0032 |
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| becoming law.
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