Illinois General Assembly - Full Text of SB0500
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Full Text of SB0500  95th General Assembly


Rep. Renée Kosel

Filed: 5/1/2007





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2     AMENDMENT NO. ______. Amend Senate Bill 500 on page 11,
3 immediately below line 14, by inserting the following:
4         "(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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1         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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1     (30 ILCS 105/8h)
2     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
11 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
21 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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1 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.
25     In determining the available balance in a fund, the
26 Governor may include receipts, transfers into the fund, and



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1 other resources anticipated to be available in the fund in that
2 fiscal year.
3     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.
7     (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.
12     (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.
20     (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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1 (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.)".