HB3128 99TH GENERAL ASSEMBLY

LRB099 10345 SXM 30572 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3128

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.866 new
30 ILCS 730/3	from Ch. 96 1/2, par. 8203
30 ILCS 730/7 new

Amends the State Finance Act. Creates the Coal Mining Conservation and Reclamation Fund as a special fund in the State treasury. Amends the Illinois Coal Technology Development Assistance Act. Provides that the Department of Natural Resources shall use all monies in the Coal Mining Land Conservation and Reclamation Fund to administer the Department's responsibilities. Provides that, notwithstanding any other law to the contrary, the Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would transfer any amounts from the Fund into any other fund of the State. Provides that during fiscal year 2016 and each fiscal year thereafter, an amount of $333,333.33 shall be transferred from the Coal Technology Development Assistance Fund to the Fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.866 as follows:

(30 ILCS 105/5.866 new)

Sec. 5.866. The Coal Mining Land Conservation and Reclamation Fund.

Section 10. The Illinois Coal Technology Development Assistance Act is amended by changing Sections 3 and 7 as follows:

(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)

Sec. 3. Transfers to and from the Coal Technology Development Assistance Fund Funds.

(a) As soon as may be practicable after the first day of each month, the Department of Revenue shall certify to the Treasurer an amount equal to 1/64 of the revenue realized from the tax imposed by the Electricity Excise Tax Law, Section 2 of the Public Utilities Revenue Act, Section 2 of the Messages Tax Act, and Section 2 of the Gas Revenue Tax Act, during the preceding month. Upon receipt of the certification, the Treasurer shall transfer the amount shown on such certification from the General Revenue Fund to the Coal Technology Development Assistance Fund, which is hereby created as a special fund in the State treasury, except that no transfer shall be made in any month in which the Fund has reached the following balance:

(1) $7,000,000 during fiscal year 1994.

(2) $8,500,000 during fiscal year 1995.

(3) $10,000,000 during fiscal years 1996 and 1997.

(4) During fiscal year 1998 through fiscal year 2004, an amount equal to the sum of $10,000,000 plus additional moneys deposited into the Coal Technology Development Assistance Fund from the Renewable Energy Resources and Coal Technology Development Assistance Charge under Section 6.5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.

(5) During fiscal year 2005, an amount equal to the sum of $7,000,000 plus additional moneys deposited into the Coal Technology Development Assistance Fund from the Renewable Energy Resources and Coal Technology Development Assistance Charge under Section 6.5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.

(6) During fiscal year 2006 and each fiscal year thereafter, an amount equal to the sum of $10,000,000 plus additional moneys deposited into the Coal Technology Development Assistance Fund from the Renewable Energy Resources and Coal Technology Development Assistance Charge under Section 6.5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.

(b) During fiscal year 2016 and each fiscal year thereafter, an amount of $333,333.33 shall be transferred from the Coal Technology Development Assistance Fund to the Coal Mining Land Conservation and Reclamation Fund on the first day of each month.

(Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)

(30 ILCS 730/7 new)

Sec. 7. Coal Mining Land Conservation and Reclamation Fund. The Coal Mining Land Conservation and Reclamation Fund is hereby created. The Department of Natural Resources shall use all monies from the Coal Mining Land Conservation and Reclamation Fund to administer the Department's responsibilities under the Surface Coal Mining Land Conservation and Reclamation Act. Monies may be used as necessary for additional personal costs associated with administration of the Act. Notwithstanding any other law to the contrary, the Coal Mining Land Conservation and Reclamation Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Coal Mining Land Conservation and Reclamation Fund into any other fund of the State.

Section 99. Effective date. This Act takes effect upon becoming law.