Full Text of HB0246 95th General Assembly
HB0246ham004 95TH GENERAL ASSEMBLY
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Rep. Renée Kosel
Filed: 4/25/2007
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LRB095 04883 KBJ 35455 a |
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| AMENDMENT TO HOUSE BILL 246
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| AMENDMENT NO. ______. Amend House Bill 246 on page 11, | 3 |
| immediately below line 14, by inserting the following:
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| "(5) Any bar that can provide written documentation | 5 |
| that less than 10% of its total revenue comes from food, a | 6 |
| casino, or a private club that can provide written | 7 |
| documentation that three-fifth's of its active members | 8 |
| approve of smoking on the club's premises, so long as the | 9 |
| bar, casino, or private club satisfies the following | 10 |
| requirements: | 11 |
| (A) The entity must obtain a permit from the | 12 |
| Department allowing smoking within the establishment. | 13 |
| A fee shall be required for the permit in the amount of | 14 |
| $1 per square foot of the establishment requesting the | 15 |
| permit. Entities requesting the permit shall submit | 16 |
| documentation of the square footage with the | 17 |
| submission of the application for the permit. The | 18 |
| entity must annually reapply for the permit. The |
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| Department shall deposit the application fees for the | 2 |
| permit into the Teen Smoking Cessation Fund. The Teen | 3 |
| Smoking Cessation Fund is created as a special fund in | 4 |
| the State treasury. All money in the Teen Smoking | 5 |
| Cessation Fund shall be used, subject to | 6 |
| appropriation, by the Department for teen smoking | 7 |
| cessation programs. | 8 |
| (B) The entity receiving the permit must post signs | 9 |
| notifying the public that smoking is allowed in the | 10 |
| establishment. The signs must be uniform and be at | 11 |
| least two feet by two feet in size. The signs must be | 12 |
| posted at every entrance to the establishment. If the | 13 |
| establishment posts the signs without obtaining a | 14 |
| permit from the Department, the establishment shall be | 15 |
| subject to a fine equal to 4 times the amount of the | 16 |
| permit fee for that establishment."; and | 17 |
| on page 14, by inserting the following immediately below line | 18 |
| 10: | 19 |
| "Section 78. The State Finance Act is amended by adding | 20 |
| Section 5.675 and changing Section 8h as follows: | 21 |
| (30 ILCS 105/5.675 new) | 22 |
| Sec. 5.675. The Teen Smoking Cessation Fund. |
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 3 |
| (a) Except as otherwise provided in this Section and | 4 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 5 |
| any other
State law to the contrary, the Governor
may, through | 6 |
| June 30, 2007, from time to time direct the State Treasurer and | 7 |
| Comptroller to transfer
a specified sum from any fund held by | 8 |
| the State Treasurer to the General
Revenue Fund in order to | 9 |
| help defray the State's operating costs for the
fiscal year. | 10 |
| 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 | 12 |
| revenues to be deposited
into the fund during that fiscal year | 13 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 14 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 15 |
| 2005 only, prior to calculating the July 1, 2004 final | 16 |
| balances, the Governor may calculate and direct the State | 17 |
| Treasurer with the Comptroller to transfer additional amounts | 18 |
| determined by applying the formula authorized in Public Act | 19 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 20 |
| 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 | 22 |
| amount less than
the amount remaining unexpended and unreserved | 23 |
| from the total appropriation
from that fund estimated to be | 24 |
| expended for that fiscal year. This Section does not apply to | 25 |
| any
funds that are restricted by federal law to a specific use, | 26 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity |
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| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 2 |
| Provider Relief Fund, the Teacher Health Insurance Security | 3 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 4 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 5 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 6 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 7 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 8 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 9 |
| Facility Development and Operation Fund, the Teen Smoking | 10 |
| Cessation Fund, the Horse Racing Equity Trust Fund, or the | 11 |
| Hospital Basic Services Preservation Fund, or to any
funds to | 12 |
| which subsection (f) of Section 20-40 of the Nursing and | 13 |
| Advanced Practice Nursing Act applies. No transfers may be made | 14 |
| under this Section from the Pet Population Control Fund. | 15 |
| Notwithstanding any
other provision of this Section, for fiscal | 16 |
| year 2004,
the total transfer under this Section from the Road | 17 |
| Fund or the State
Construction Account Fund shall not exceed | 18 |
| the lesser of (i) 5% of the revenues to be deposited
into the | 19 |
| fund during that fiscal year or (ii) 25% of the beginning | 20 |
| balance in the fund.
For fiscal year 2005 through fiscal year | 21 |
| 2007, no amounts may be transferred under this Section from the | 22 |
| Road Fund, the State Construction Account Fund, the Criminal | 23 |
| Justice Information Systems Trust Fund, the Wireless Service | 24 |
| Emergency Fund, or the Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 26 |
| Governor
may include receipts, transfers into the fund, and |
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| other
resources anticipated to be available in the fund in that | 2 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 4 |
| amounts designated
under this Section as soon as may be | 5 |
| practicable after receiving the direction
to transfer from the | 6 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 8 |
| or before February 28, 2006 that are still pending on May 19, | 9 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 10 |
| Act of the 94th General Assembly shall be redirected as | 11 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 13 |
| Cure Fund; (ii) any fund established under the Community Senior | 14 |
| Services and Resources Act; or (iii) on or after January 1, | 15 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 16 |
| and Day and Temporary Labor Enforcement Fund. | 17 |
| (c) This Section does not apply to the Demutualization | 18 |
| Trust Fund established under the Uniform Disposition of | 19 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 21 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 22 |
| scholarships and residency programs under the Podiatric | 23 |
| Scholarship and Residency Act. | 24 |
| (e) Subsection (a) does not apply to, and no transfer may | 25 |
| be made under this Section from, the Pension Stabilization | 26 |
| Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 2 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 3 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 4 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 5 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 6 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 7 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 8 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 9 |
| eff. 6-6-06; revised 6-19-06.)".
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