Full Text of HB0032 95th General Assembly
HB0032ham001 95TH GENERAL ASSEMBLY
|
Agriculture & Conservation Committee
Filed: 2/21/2007
|
|
09500HB0032ham001 |
|
LRB095 03685 HLH 31510 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 32
| 2 |
| AMENDMENT NO. ______. Amend House Bill 32 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Department of Natural Resources Act is | 5 |
| amended by adding Section 1-40 as follows: | 6 |
| (20 ILCS 801/1-40 new)
| 7 |
| Sec. 1-40. Adeline Jay Geo-Karis Illinois Beach Marina; | 8 |
| maintenance. The Department shall formulate and implement a | 9 |
| 10-year program for the maintenance and reconstruction of the | 10 |
| Adeline Jay Geo-Karis Illinois Beach Marina. The program shall | 11 |
| be in place no later than January 1, 2008, and shall be known | 12 |
| as the Adeline Jay Geo-Karis Illinois Beach Marina Program.
| 13 |
| Section 10. The State Finance Act is amended by changing | 14 |
| Sections 8.25c and 8h as follows:
|
|
|
|
09500HB0032ham001 |
- 2 - |
LRB095 03685 HLH 31510 a |
|
| 1 |
| (30 ILCS 105/8.25c) (from Ch. 127, par. 144.25c)
| 2 |
| Sec. 8.25c. (a) Beginning in fiscal year 1991 and | 3 |
| continuing through the
third quarter of fiscal year 1993, the | 4 |
| State Comptroller shall order
transferred and the State | 5 |
| Treasurer shall transfer from the Illinois Beach
Marina Fund | 6 |
| (now known as the Adeline Jay Geo-Karis Illinois Beach Marina | 7 |
| Fund) to the General Revenue Fund 50% of the revenue deposited | 8 |
| into the
Illinois Beach Marina Fund. Beginning in the fourth | 9 |
| quarter of fiscal year
1993 and thereafter until the
sum of | 10 |
| $31,200,000 is paid to the General Revenue Fund, the State
| 11 |
| Comptroller shall order transferred and the State Treasurer | 12 |
| shall transfer
from the Adeline Jay Geo-Karis Illinois Beach | 13 |
| Marina Fund (formerly known as the Illinois Beach Marina Fund)
| 14 |
| to the General Revenue Fund 35%
25% of the
first $2,000,000 of | 15 |
| revenue deposited into the Adeline Jay Geo-Karis Illinois Beach | 16 |
| Marina Fund (formerly known as the Illinois Beach Marina Fund)
| 17 |
| in
any fiscal year , and 75% of the revenue deposited into the | 18 |
| Adeline Jay Geo-Karis Illinois Beach Marina Fund (formerly | 19 |
| known as the Illinois Beach
Marina Fund) in excess of | 20 |
| $2,000,000 in any fiscal year; however, such
transfers shall | 21 |
| not exceed
$2,000,000 in any fiscal year . In addition,
| 22 |
| beginning in fiscal year 1991 and thereafter until the sum of | 23 |
| $8,000,000
is paid to the State Boating Act Fund the State | 24 |
| Comptroller shall order
transferred and the State Treasurer | 25 |
| shall transfer from the Adeline Jay Geo-Karis Illinois Beach | 26 |
| Marina Fund (formerly known as the Illinois Beach
Marina Fund)
|
|
|
|
09500HB0032ham001 |
- 3 - |
LRB095 03685 HLH 31510 a |
|
| 1 |
| to the State Boating Act Fund 15% of the revenue deposited into
| 2 |
| the Adeline Jay Geo-Karis Illinois Beach Marina Fund (formerly | 3 |
| known as the Illinois Beach Marina Fund). Beginning in fiscal | 4 |
| year 1992, the
transfers from the Adeline Jay Geo-Karis | 5 |
| Illinois Beach Marina Fund (formerly known as the Illinois | 6 |
| Beach Marina Fund) to the State Boating Act Fund
shall be made | 7 |
| only at the direction of and in the amount authorized by the
| 8 |
| Department of Natural Resources. Moneys transferred under
| 9 |
| authorization of this
Section to the State Boating Act Fund in | 10 |
| fiscal year 1992 before the
effective date of this amendatory | 11 |
| Act of 1991 may be transferred to the
Illinois Beach Marina | 12 |
| Fund (now known as the Adeline Jay Geo-Karis Illinois Beach | 13 |
| Marina Fund) at the direction of the Department of Natural
| 14 |
| Resources. The transfers required under this Section
shall be | 15 |
| made within 30 days after the end of each quarter based on the
| 16 |
| State Comptroller's record of receipts for the quarter. The | 17 |
| initial
transfers shall be made within 30 days after June 30, | 18 |
| 1990 based on
revenues received in the preceding quarter. | 19 |
| Additional transfers in
excess of the limits established under | 20 |
| this Section may be authorized by
the Department of Natural | 21 |
| Resources for accelerated
payback of the amount due.
| 22 |
| (b) The Department may, subject to appropriations by the | 23 |
| General Assembly,
use monies in the Adeline Jay Geo-Karis | 24 |
| Illinois Beach Marina Fund (formerly known as the Illinois | 25 |
| Beach Marina Fund) to pay for operation,
maintenance, repairs, | 26 |
| or improvements to the marina project; provided,
however, that |
|
|
|
09500HB0032ham001 |
- 4 - |
LRB095 03685 HLH 31510 a |
|
| 1 |
| payment of the amounts due under the terms of subsection (a)
| 2 |
| shall have priority on all monies deposited in this Fund.
| 3 |
| (c) Monies on deposit in excess of that needed for payments | 4 |
| to the
General Revenue Fund and the State Boating Fund and in | 5 |
| excess of those
monies needed for the operation, maintenance, | 6 |
| repairs, or improvements to
the Adeline Jay Geo-Karis Illinois | 7 |
| Beach Marina as determined by the Department of Natural
| 8 |
| Resources may be transferred at the discretion of the
| 9 |
| Department to the State Parks Fund.
| 10 |
| (Source: P.A. 94-1042, eff. 7-24-06.)
| 11 |
| (30 ILCS 105/8h)
| 12 |
| Sec. 8h. Transfers to General Revenue Fund. | 13 |
| (a) Except as otherwise provided in this Section and | 14 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 15 |
| any other
State law to the contrary, the Governor
may, through | 16 |
| June 30, 2007, from time to time direct the State Treasurer and | 17 |
| Comptroller to transfer
a specified sum from any fund held by | 18 |
| the State Treasurer to the General
Revenue Fund in order to | 19 |
| help defray the State's operating costs for the
fiscal year. | 20 |
| The total transfer under this Section from any fund in any
| 21 |
| fiscal year shall not exceed the lesser of (i) 8% of the | 22 |
| revenues to be deposited
into the fund during that fiscal year | 23 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 24 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 25 |
| 2005 only, prior to calculating the July 1, 2004 final |
|
|
|
09500HB0032ham001 |
- 5 - |
LRB095 03685 HLH 31510 a |
|
| 1 |
| balances, the Governor may calculate and direct the State | 2 |
| Treasurer with the Comptroller to transfer additional amounts | 3 |
| determined by applying the formula authorized in Public Act | 4 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 5 |
| be made from a fund under this Section that would have the
| 6 |
| effect of reducing the available balance in the fund to an | 7 |
| amount less than
the amount remaining unexpended and unreserved | 8 |
| from the total appropriation
from that fund estimated to be | 9 |
| expended for that fiscal year. This Section does not apply to | 10 |
| any
funds that are restricted by federal law to a specific use, | 11 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 12 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 13 |
| Provider Relief Fund, the Teacher Health Insurance Security | 14 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 15 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 16 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 17 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 18 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 19 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 20 |
| Facility Development and Operation Fund, the Horse Racing | 21 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 22 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 23 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 24 |
| transfers may be made under this Section from the Pet | 25 |
| Population Control Fund. Notwithstanding any
other provision | 26 |
| of this Section, for fiscal year 2004,
the total transfer under |
|
|
|
09500HB0032ham001 |
- 6 - |
LRB095 03685 HLH 31510 a |
|
| 1 |
| this Section from the Road Fund or the State
Construction | 2 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 3 |
| revenues to be deposited
into the fund during that fiscal year | 4 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 5 |
| year 2005 through fiscal year 2007, no amounts may be | 6 |
| transferred under this Section from the Road Fund, the State | 7 |
| Construction Account Fund, the Criminal Justice Information | 8 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 9 |
| Mandatory Arbitration Fund.
| 10 |
| In determining the available balance in a fund, the | 11 |
| Governor
may include receipts, transfers into the fund, and | 12 |
| other
resources anticipated to be available in the fund in that | 13 |
| fiscal year.
| 14 |
| The State Treasurer and Comptroller shall transfer the | 15 |
| amounts designated
under this Section as soon as may be | 16 |
| practicable after receiving the direction
to transfer from the | 17 |
| Governor.
| 18 |
| (a-5) Transfers directed to be made under this Section on | 19 |
| or before February 28, 2006 that are still pending on May 19, | 20 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 21 |
| Act of the 94th General Assembly shall be redirected as | 22 |
| provided in Section 8n of this Act.
| 23 |
| (b) This Section does not apply to: (i) the Ticket For The | 24 |
| Cure Fund; (ii) any fund established under the Community Senior | 25 |
| Services and Resources Act; or (iii) on or after January 1, | 26 |
| 2006 (the effective date of Public Act 94-511), the Child Labor |
|
|
|
09500HB0032ham001 |
- 7 - |
LRB095 03685 HLH 31510 a |
|
| 1 |
| and Day and Temporary Labor Enforcement Fund. | 2 |
| (c) This Section does not apply to the Demutualization | 3 |
| Trust Fund established under the Uniform Disposition of | 4 |
| Unclaimed Property Act.
| 5 |
| (d) This Section does not apply to moneys set aside in the | 6 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 7 |
| scholarships and residency programs under the Podiatric | 8 |
| Scholarship and Residency Act. | 9 |
| (e) Subsection (a) does not apply to, and no transfer may | 10 |
| be made under this Section from, the Pension Stabilization | 11 |
| Fund.
| 12 |
| (f) This Section does not apply to the Adeline Jay | 13 |
| Geo-Karis Illinois Beach Marina Fund.
| 14 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 15 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 16 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 17 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 18 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 19 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 20 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 21 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 22 |
| eff. 6-6-06; revised 6-19-06.)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
|
|