HB7181sam002 93RD GENERAL ASSEMBLY

Sen. Rickey R. Hendon

Filed: 5/27/2004

09300HB7181sam002 LRB093 16374 RCE 51758 a

AMENDMENT TO HOUSE BILL 7181

AMENDMENT NO. ______. Amend House Bill 7181, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The State Finance Act is amended by adding Section 8.43 as follows:

(30 ILCS 105/8.43 new)

Sec. 8.43. Special fund transfers.

(a) In order to maintain the integrity of special funds, enhance the Budget Stabilization Fund, and improve stability in the General Revenue Fund, the following transfers are authorized from the designated funds into the Budget Stabilization Fund:

FARMER AND AGRIBUSINESS LOAN GUARANTEE FUND........$2,000,000

NATURAL AREAS ACQUISITION FUND ...............$3,400,000

OPEN SPACE LANDS ACQUISITION AND DEVELOPMENT FUND..............................$22,750,000

SECRETARY OF STATE SPECIAL LICENSE PLATE FUND...........................................$856,000

SECURITIES INVESTORS EDUCATION FUND ..........$3,271,000

SECURITIES AUDIT & ENFORCEMENT FUND .........$17,014,000

DEPARTMENT OF BUSINESS SERVICES SPECIAL OPERATIONS FUND......................................$524,000

SECRETARY OF STATE SPECIAL SERVICES FUND.............$600,000

SECRETARY OF STATE DUI ADMINISTRATION FUND ..........$582,000

FOOD & DRUG SAFETY FUND........................$817,000

TRANSPORTATION REGULATORY FUND ....................$2,379,000

FINANCIAL INSTITUTION FUND...................$2,003,000

GENERAL PROFESSIONS DEDICATED FUND...............$497,000

DRIVERS EDUCATION FUND ...................$2,967,000

STATE BOATING ACT FUND ..................$1,072,000

STATE PARKS FUND ........................$2,817,000

AGRICULTURAL PREMIUM FUND .......................$7,777,000

FIRE PREVENTION FUND ...........................$19,850,000

ILLINOIS STATE PHARMACY DISCIPLINARY FUND .$4,377,000

PUBLIC UTILITY FUND .......................$8,202,000

RADIATION PROTECTION FUND ........................$750,000

SOLID WASTE MANAGEMENT FUND ...............$9,084,000

SUBTITLE D MANAGEMENT FUND ........................$3,006,000

ILLINOIS STATE MEDICAL DISCIPLINARY FUND .........$7,365,000

DEPARTMENT OF CHILDREN AND FAMILY SERVICES TRAINING FUND......................................$4,000,000

NEW TECHNOLOGY RECOVERY FUND ....................$1,200,000

PLUGGING AND RESTORATION FUND .......... $1,255,000

REGISTERED CERTIFIED PUBLIC ACCOUNTANTS ADMINISTRATION AND DISCIPLINARY FUND ..............$819,000

WEIGHTS AND MEASURES FUND ................... $1,800,000

SOLID WASTE MANAGEMENT REVOLVING LOAN FUND...........$647,000

RESPONSE CONTRACTORS INDEMNIFICATION FUND............$107,000

BROWNFIELDS REDEVELOPMENT FUND .........$5,100,000

CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND......$1,229,000

PROFESSIONS INDIRECT COST FUND ....................$39,000

ILLINOIS HEALTH FACILITIES PLANNING FUND .......$2,351,000

CREDIT UNION FUND ........................$4,372,000

SAVINGS AND RESIDENTIAL FINANCE REGULATORY FUND ..............................................$4,045,000

FAIR AND EXPOSITION FUND .........................$2,913,000

NURSING DEDICATED AND PROFESSIONAL FUND............$2,650,000

OPTOMETRIC LICENSING AND DISCIPLINARY BOARD FUND.........................................$1,121,000

STATE RAIL FREIGHT LOAN REPAYMENT FUND .....$3,500,000

ILLINOIS TAX INCREMENT FUND ..................$1,500,000

COMMUNITY WATER SUPPLY LABORATORY FUND ............$1,876,000

USED TIRE MANAGEMENT FUND .......................$3,278,000

ILLINOIS COMMUNITY COLLEGE BOARD CONTRACTS AND GRANTS FUND ..............................$404,000

AUDIT EXPENSE FUND ..........................$1,237,000

IMSA SPECIAL PURPOSES TRUST FUND ..................$1,000,000

DRUG TREATMENT FUND ..............................$1,379,000

PLUMBING LICENSURE AND PROGRAM FUND .......$1,400,000

INSURANCE PREMIUM TAX REFUND FUND .................$2,500,000

CORPORATE FRANCHISE TAX REFUND FUND .............$1,650,000

TAX COMPLIANCE AND ADMINISTRATION FUND ............$9,513,000

APPRAISAL ADMINISTRATION FUND......................$1,107,000

EARLY INTERVENTION SERVICES REVOLVING FUND ..$6,392,000

STATE ASSET FORFEITURE FUND ............ $1,500,000

FEDERAL ASSET FORFEITURE FUND ................$3,943,000

DEPARTMENT OF CORRECTIONS REIMBURSEMENT AND EDUCATION FUND................................$14,500,000

LEADS MAINTENANCE FUND .......$2,000,000

STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND........$250,000

PUBLIC PENSION REGULATION FUND ................$923,000

DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND .$5,457,000

WORKFORCE, TECHNOLOGY, AND ECONOMIC DEVELOPMENT FUND ..................................$1,500,000

RENEWABLE ENERGY RESOURCES TRUST FUND ...$9,510,000

ENERGY EFFICIENCY TRUST FUND .............$3,040,000

CONSERVATION 2000 FUND ...................$7,439,000

FUND FOR ILLINOIS' FUTURE.........................$29,900,000

HORSE RACING FUND .........................$2,500,000

DEATH CERTIFICATE SURCHARGE FUND ................$500,000

STATE POLICE WIRELESS SERVICE EMERGENCY FUND .$500,000

WHISTLEBLOWER REWARD AND PROTECTION FUND ...........$750,000

ILLINOIS THOROUGHBRED BREEDERS FUND .................$700,000

TOBACCO SETTLEMENT RECOVERY FUND .................$19,300,000

PRESIDENTIAL LIBRARY AND MUSEUM FUND ......$500,000

BANK AND TRUST COMPANY FUND .....................$3,951,000

MEDICAL SPECIAL PURPOSES TRUST FUND ..........$967,000

DRAM SHOP FUND ...................................$1,517,000

ILLINOIS STATE DENTAL DISCIPLINARY FUND ..........$102,000

HAZARDOUS WASTE FUND ....................$1,500,000

REAL ESTATE LICENSE ADMINISTRATION FUND ...........$2,370,000

CRIMINAL JUSTICE INFORMATION SYSTEMS TRUST FUND ........................................$1,200,000

DESIGN PROFESSIONALS ADMINISTRATION AND INVESTIGATION FUND ............................$1,172,000

ILLINOIS FORESTRY DEVELOPMENT FUND .........$1,257,000

STATE POLICE SERVICES FUND .........................$250,000

METABOLIC SCREENING AND TREATMENT FUND ........$3,435,000

INSURANCE PRODUCER ADMINISTRATION FUND .........$12,727,000

LOW-LEVEL RADIOACTIVE WASTE FACILITY DEVELOPMENT AND OPERATION FUND ............$2,202,000

LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE, POST-CLOSURE CARE AND COMPENSATION FUND ......$6,000,000

ENVIRONMENTAL PROTECTION PERMIT AND INSPECTION FUND ...............................$874,000

PARK AND CONSERVATION FUND ........................$8,813,000

PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN REVOLVING FUND ..................................$1,822,000

INSURANCE FINANCIAL REGULATION FUND ........$2,992,000

LOBBYIST REGISTRATION ADMINISTRATION FUND ..........$327,000

DIVISION OF CORPORATIONS REGISTERED LIMITED LIABILITY PARTNERSHIP FUND ............$356,000

WORKING CAPITAL REVOLVING FUND (30 ILCS 105/6)...................................$10,000,000

MOTOR VEHICLE REVIEW BOARD FUND ...................$673,000

ILLINOIS AGRICULTURAL LOAN GUARANTEE FUND .........$3,000,000

All of these transfers shall be made on July 1, 2004, or as soon thereafter as practical. These transfers shall be made notwithstanding any other provision of State law to the contrary.

(b) On and after July 1, 2004 through June 30, 2005, when any of the funds listed in subsection (a) have insufficient cash from which the State Comptroller may make expenditures properly supported by appropriations from the fund, then the State Treasurer and State Comptroller shall transfer from the General Revenue Fund to the fund only such amount as is immediately necessary to satisfy outstanding expenditure obligations on a timely basis, subject to the provisions of the State Prompt Payment Act. Any amounts transferred from the General Revenue Fund to a fund pursuant to this subsection (b) from time to time shall be re-transferred by the State Comptroller and the State Treasurer from the receiving fund into the General Revenue Fund as soon as and to the extent that deposits are made into or receipts are collected by the receiving fund. In all events, the full amounts of all transfers from the General Revenue Fund to receiving funds shall be re-transferred to the General Revenue Fund no later than June 30, 2005.

(c) The sum of $25,277,000 shall be transferred from the Unclaimed Property Trust Fund (765 ILCS 1028/18) to the State Pensions Fund on July 1, 2004, or as soon thereafter as practical.

The sum of $92,370,000 shall be transferred, pursuant to appropriation, from the State Pensions Fund to the designated retirement systems (as defined in Section 8.12 of the State Finance Act) on July 1, 2004, or as soon thereafter as practical. This transfer is intended to be all or part of the transfer required under Section 8.12 of the State Finance Act for fiscal year 2005.

(d) The sum of $49,775,000 shall be transferred from the School Technology Revolving Loan Fund to the Common School Fund on July 1, 2004, or as soon thereafter as practical, notwithstanding any other provision of State law to the contrary.

Section 10. The Illinois Low-Level Radioactive Waste Management Act is amended by changing Section 13 as follows:

(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)

Sec. 13. Waste fees.

(a) The Department shall collect a fee from each generator of low-level radioactive wastes in this State. Except as provided in subsections (b), (c), and (d), the amount of the fee shall be $50.00 or the following amount, whichever is greater:

(1) $1 per cubic foot of waste shipped for storage, treatment or disposal if storage of the waste for shipment occurred prior to September 7, 1984;

(2) $2 per cubic foot of waste stored for shipment if storage of the waste occurs on or after September 7, 1984, but prior to October 1, 1985;

(3) $3 per cubic foot of waste stored for shipment if storage of the waste occurs on or after October 1, 1985;

(4) $2 per cubic foot of waste shipped for storage, treatment or disposal if storage of the waste for shipment occurs on or after September 7, 1984 but prior to October 1, 1985, provided that no fee has been collected previously for storage of the waste;

(5) $3 per cubic foot of waste shipped for storage, treatment or disposal if storage of the waste for shipment occurs on or after October 1, 1985, provided that no fees have been collected previously for storage of the waste.

Such fees shall be collected annually or as determined by the Department and shall be deposited in the low-level radioactive waste funds as provided in Section 14 of this Act. Notwithstanding any other provision of this Act, no fee under this Section shall be collected from a generator for waste generated incident to manufacturing before December 31, 1980, and shipped for disposal outside of this State before December 31, 1992, as part of a site reclamation leading to license termination.

(b) Each nuclear power reactor in this State for which an operating license has been issued by the Nuclear Regulatory Commission shall not be subject to the fee required by subsection (a) with respect to (1) waste stored for shipment if storage of the waste occurs on or after January 1, 1986; and (2) waste shipped for storage, treatment or disposal if storage of the waste for shipment occurs on or after January 1, 1986. In lieu of the fee, each reactor shall be required to pay an annual fee as provided in this subsection for the treatment, storage and disposal of low-level radioactive waste. Beginning with State fiscal year 1986 and through State fiscal year 1997, fees shall be due and payable on January 1st of each year. For State fiscal year 1998 and all subsequent State fiscal years, fees shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1997 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1997, whichever is later.

The owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission for any portion of State fiscal year 1998 shall continue to pay an annual fee of $90,000 for the treatment, storage, and disposal of low-level radioactive waste through State fiscal year 2002. The fee shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1998 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1998, whichever is later. If the balance in the Low-Level Radioactive Waste Facility Development and Operation Fund falls below $500,000, as of the end of any fiscal year after fiscal year 2002, the Department is authorized to assess by rule, after notice and a hearing, an additional annual fee to be paid by the owners of nuclear power reactors for which operating licenses have been issued by the Nuclear Regulatory Commission. The additional annual fee shall be payable on the date or dates specified by rule and shall not exceed $30,000 per operating reactor per year.

(c) In each of State fiscal years 1988, 1989 and 1990, in addition to the fee imposed in subsections (b) and (d), the owner of each nuclear power reactor in this State for which an operating license has been issued by the Nuclear Regulatory Commission shall pay a fee of $408,000. If an operating license is issued during one of those 3 fiscal years, the owner shall pay a prorated amount of the fee equal to $1,117.80 multiplied by the number of days in the fiscal year during which the nuclear power reactor was licensed.

The fee shall be due and payable as follows: in fiscal year 1988, $204,000 shall be paid on October 1, 1987 and $102,000 shall be paid on each of January 1, 1988 and April 1, 1988; in fiscal year 1989, $102,000 shall be paid on each of July 1, 1988, October 1, 1988, January 1, 1989 and April 1, 1989; and in fiscal year 1990, $102,000 shall be paid on each of July 1, 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If the operating license is issued during one of the 3 fiscal years, the owner shall be subject to those payment dates, and their corresponding amounts, on which the owner possesses an operating license and, on June 30 of the fiscal year of issuance of the license, whatever amount of the prorated fee remains outstanding.

All of the amounts collected by the Department under this subsection (c) shall be deposited into the Low-Level Radioactive Waste Facility Development and Operation Fund created under subsection (a) of Section 14 of this Act and expended, subject to appropriation, for the purposes provided in that subsection.

(d) In addition to the fees imposed in subsections (b) and (c), the owners of nuclear power reactors in this State for which operating licenses have been issued by the Nuclear Regulatory Commission shall pay the following fees for each such nuclear power reactor: for State fiscal year 1989, $325,000 payable on October 1, 1988, $162,500 payable on January 1, 1989, and $162,500 payable on April 1, 1989; for State fiscal year 1990, $162,500 payable on July 1, $300,000 payable on October 1, $300,000 payable on January 1 and $300,000 payable on April 1; for State fiscal year 1991, either (1) $150,000 payable on July 1, $650,000 payable on September 1, $675,000 payable on January 1, and $275,000 payable on April 1, or (2) $150,000 on July 1, $130,000 on the first day of each month from August through December, $225,000 on the first day of each month from January through March and $92,000 on the first day of each month from April through June; for State fiscal year 1992, $260,000 payable on July 1, $900,000 payable on September 1, $300,000 payable on October 1, $150,000 payable on January 1, and $100,000 payable on April 1; for State fiscal year 1993, $100,000 payable on July 1, $230,000 payable on August 1 or within 10 days after July 31, 1992, whichever is later, and $355,000 payable on October 1; for State fiscal year 1994, $100,000 payable on July 1, $75,000 payable on October 1 and $75,000 payable on April 1; for State fiscal year 1995, $100,000 payable on July 1, $75,000 payable on October 1, and $75,000 payable on April 1, for State fiscal year 1996, $100,000 payable on July 1, $75,000 payable on October 1, and $75,000 payable on April 1. The owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission for any portion of State fiscal year 1998 shall pay an annual fee of $30,000 through State fiscal year 2003. For State fiscal year 2004 and subsequent fiscal years, the owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission shall pay an annual fee of $30,000 per reactor, provided that the fee shall not apply to a nuclear power reactor with regard to which the owner notified the Nuclear Regulatory Commission during State fiscal year 1998 that the nuclear power reactor permanently ceased operations. The fee shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1998 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1998, whichever is later. The fee due on July 1, 1997 shall be payable on that date or within 10 days after the effective date of this amendatory Act of 1997, whichever is later. If the payments under this subsection for fiscal year 1993 due on January 1, 1993, or on April 1, 1993, or both, were due before the effective date of this amendatory Act of the 87th General Assembly, then those payments are waived and need not be made.

All of the amounts collected by the Department under this subsection (d) shall be deposited into the Low-Level Radioactive Waste Facility Development and Operation Fund created pursuant to subsection (a) of Section 14 of this Act and expended, subject to appropriation, for the purposes provided in that subsection.

All payments made by licensees under this subsection (d) for fiscal year 1992 that are not appropriated and obligated by the Department above $1,750,000 per reactor in fiscal year 1992, shall be credited to the licensees making the payments to reduce the per reactor fees required under this subsection (d) for fiscal year 1993.

(e) The Department shall promulgate rules and regulations establishing standards for the collection of the fees authorized by this Section. The regulations shall include, but need not be limited to:

(1) the records necessary to identify the amounts of low-level radioactive wastes produced;

(2) the form and submission of reports to accompany the payment of fees to the Department; and

(3) the time and manner of payment of fees to the Department, which payments shall not be more frequent than quarterly.

(f) Any operating agreement entered into under subsection (b) of Section 5 of this Act between the Department and any disposal facility contractor shall, subject to the provisions of this Act, authorize the contractor to impose upon and collect from persons using the disposal facility fees designed and set at levels reasonably calculated to produce sufficient revenues (1) to pay all costs and expenses properly incurred or accrued in connection with, and properly allocated to, performance of the contractor's obligations under the operating agreement, and (2) to provide reasonable and appropriate compensation or profit to the contractor under the operating agreement. For purposes of this subsection (f), the term "costs and expenses" may include, without limitation, (i) direct and indirect costs and expenses for labor, services, equipment, materials, insurance and other risk management costs, interest and other financing charges, and taxes or fees in lieu of taxes; (ii) payments to or required by the United States, the State of Illinois or any agency or department thereof, the Central Midwest Interstate Low-Level Radioactive Waste Compact, and subject to the provisions of this Act, any unit of local government; (iii) amortization of capitalized costs with respect to the disposal facility and its development, including any capitalized reserves; and (iv) payments with respect to reserves, accounts, escrows or trust funds required by law or otherwise provided for under the operating agreement.

(g) (Blank).

(h) (Blank).

(i) (Blank).

(j) (Blank).

(j-5) Prior to commencement of facility operations, the Department shall adopt rules providing for the establishment and collection of fees and charges with respect to the use of the disposal facility as provided in subsection (f) of this Section.

(k) The regional disposal facility shall be subject to ad valorem real estate taxes lawfully imposed by units of local government and school districts with jurisdiction over the facility. No other local government tax, surtax, fee or other charge on activities at the regional disposal facility shall be allowed except as authorized by the Department.

(l) The Department shall have the power, in the event that acceptance of waste for disposal at the regional disposal facility is suspended, delayed or interrupted, to impose emergency fees on the generators of low-level radioactive waste. Generators shall pay emergency fees within 30 days of receipt of notice of the emergency fees. The Department shall deposit all of the receipts of any fees collected under this subsection into the Low-Level Radioactive Waste Facility Development and Operation Fund created under subsection (b) of Section 14. Emergency fees may be used to mitigate the impacts of the suspension or interruption of acceptance of waste for disposal. The requirements for rulemaking in the Illinois Administrative Procedure Act shall not apply to the imposition of emergency fees under this subsection.

(m) The Department shall promulgate any other rules and regulations as may be necessary to implement this Section.

(Source: P.A. 92-276, eff. 8-7-01.)

Section 99. Effective date. This Act takes effect July 1, 2004.".