HB3613 95TH GENERAL ASSEMBLY

LRB095 09628 CMK 32216 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3613

Introduced 2/28/2007, by Rep. Brent Hassert

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.675 new
35 ILCS 5/507OO new
35 ILCS 5/509	from Ch. 120, par. 5-509
35 ILCS 5/510	from Ch. 120, par. 5-510

Creates the Conservation Acquisition and Resource Enhancement Program Act. Sets out the purpose and the scope of the Program. Provides that the Department of Natural Resources shall administer the Program and provides the terms and conditions of the Program. Creates the Open Space Council to review each land conservation project proposal and consider the recommendations of the Department. Provides that the Council shall have a link on the Department's website providing information on the Program. Creates the Conservation Acquisition and Resource Enhancement Program Fund. Provides for grants awarded by the Council and sets criteria for selecting grant recipients. Amends the State Finance Act. Creates the Conservation Acquisition and Resource Enhancement Program Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act. Creates an income tax checkoff for the Conservation Acquisition and Resource Enhancement Program Fund. Makes changes to references concerning funds subject to the Act's tax checkoff provisions. Effective July 1, 2007.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning conservation.

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

Section 1. Short title. This Act may be cited as the Conservation Acquisition and Resource Enhancement Program Act.

Section 5. Legislative findings. The General Assembly recognizes that the statewide network of land and water resources, the State's prime agricultural and forestry lands, and the State's natural, cultural, historic, and recreational areas are a priceless legacy that enhance the health of ecosystems, encourage working landscapes, foster natural resource stewardship, sustain a healthy economy, and promote a sustainable high quality of life for current and future generations of Illinois citizens. The General Assembly recognizes the critical role nonprofit conservation organizations and organizations that are tax-exempt have in partnering with municipalities, counties, and the State in accomplishing land conservation goals.

Section 10. Program creation, scope, purpose.

(a) The Conservation Acquisition and Resource Enhancement Program is created. The purpose of the Program is to permanently protect land and water, or interests therein, that is in an undeveloped, natural state or that has been developed only to an extent that does not interfere with its conservation value. The following types of resources are eligible for consideration in meeting the purpose of the Program:

(1) water quality protection for rivers, streams, and lakes;

(2) flood protection;

(3) wetlands protection;

(4) reduction of erosion through protection of slopes, areas with erodible soils, and stream banks;

(5) protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species;

(6) protection of prime agricultural and forestry lands;

(7) protection of cultural sites, heritage corridors, and archeological and historic resources;

(8) scenic protection;

(9) provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities; and

(10) connection of existing or planned areas contributing to the goals set out in this subsection.

(b) The Program should promote partnerships for the conservation of land resources that are identified by municipalities or counties as locally valuable or identified by the Department of Natural Resources as having statewide significance. The Program should also promote alternative land conservation funding options in cooperation with private, non-profit, and tax-exempt organizations, which will augment currently available local, State, and federal funding.

Section 15. Administration; council.

(a) The Department of Natural Resources shall administer the Program.

(b) The Open Space Council is created. The Open Space Council shall consist of the Director of the Department of Natural Resource's Office of Resource Conservation or his or her designee, the Director of the Department of Natural Resource's Office of Realty and Environmental Planning or his or her designee, the Director of Agriculture or his or her designee, the Director of Commerce and Economic Opportunity or his or her designee, the president of the Association of Soil and Water Conservation Districts or his or her designee, the Director of the Illinois Finance Authority or his or her designee, and 3 additional members appointed by the Governor.

(c) At a minimum, the Program shall include:

(1) The opportunity for municipalities or counties to develop, submit to the Council, and sponsor, a community land conservation project to protect locally identified land resources with high environmental values or conservation benefits.

(2) Assistance for municipalities and counties with the development of community land conservation project proposals including program requirements and technical assistance with real estate transactions.

(3) The Department may develop, submit to the Council, and sponsor a State land conservation project to accomplish the strategic investment in protection of land resources identified by the Department as having high environmental values or conservation benefits.

(4) The Department shall make recommendations to the Council based on the review of each land conservation project, including recommended funding sources, funding levels, and conditions.

Section 20. Council duties.

(a) The Council shall review each land conservation project proposal and shall consider the recommendations of the Department, as well as the Program's procedures, conditions, components, priorities, and criteria under this Act. The decision of the Council that a land conservation project complies with all of the required terms and conditions and is approved shall cause the municipality, county, or Department to become eligible for funding.

The Council shall adopt procedures for organizations that are tax-exempt to enter into partnerships with municipalities, counties, or the Department to assist with: (1) the identification and development of land conservation project proposals; (2) the establishment of a local funding match; and (3) to accept and administer property acquired by a municipality, county or the Department.

(b) The Council shall have a link on the Department's Internet website providing information on the Conservation Acquisition and Resource Enhancement Program and other open space related programs offered at the State and federal level and programs that may be available through other sources such as non-profit organizations and businesses.

(c) The Department may, by agreement with a municipality or county, accept and administer property acquired by the municipality or county or make such other agreements for the ownership and operation of the property.

Section 25. Conservation Acquisition and Resource Enhancement Fund.

(a) The Conservation Acquisition and Resource Enhancement Program Fund is created as a special fund in the State treasury. The Fund shall consist of moneys appropriated, paid under an intergovernmental contract, voluntarily contributed, federal funds, revenue from the check-off established by this Act, and other moneys acquired by any fund raising or other promotional techniques. Moneys will be made available in each fiscal year for grants to municipalities and counties with an approved community land conservation project under this Act, that have complied with State laws, regulations, contracts, and agreements, and have matching funds at a percentage of the total project cost as established by the Department.

The Council shall use at a minimum the following criteria in granting project approval:

(1) the project must promote the permanent protection of conservation land;

(2) the identification and commitment of local land use ordinances and local conservation and preservation ordinances, policies, and regulations that further the achievement of the permanent protection of conservation land; and

(3) a multi-jurisdictional scope or regional impact.

(b) Moneys from the Fund shall be expended solely to defray the costs of acquisition of conservation land or of conservation easements that contribute to the goals set out under this Act.

Section 90. The State Finance Act is amended by adding Section 5.675 as follows:

(30 ILCS 105/5.675 new)

Sec. 5.675. The Conservation Acquisition and Resource Enhancement Program Fund.

Section 95. The Illinois Income Tax Act is amended by adding Section 507OO and by changing Sections 509 and 510 as follows:

(35 ILCS 5/507OO new)

Sec. 507OO. The conservation enhancement checkoff. For taxable years ending on or after December 31, 2007, the Department shall print, on its standard individual income tax form, a provision indicating that, if the taxpayer wishes to contribute to the Conservation Acquisition and Resource Enhancement Program Fund, as authorized by this amendatory Act of the 95th General Assembly, then he or she may do so by stating the amount of the contribution (not less than $1) on the return and indicating that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. The taxpayer's failure to remit any amount of the increased payment reduces the contribution accordingly. This Section does not apply to any amended return.

(35 ILCS 5/509) (from Ch. 120, par. 5-509)

Sec. 509. Tax checkoff explanations. All individual income tax return forms shall contain appropriate explanations and spaces to enable the taxpayers to designate contributions to the funds to which contributions may be made under this Article 5. following funds: the Child Abuse Prevention Fund, the Illinois Wildlife Preservation Fund (as required by the Illinois Non-Game Wildlife Protection Act), the Alzheimer's Disease Research Fund (as required by the Alzheimer's Disease Research Act), the Assistance to the Homeless Fund (as required by this Act), the Penny Severns Breast and Cervical Cancer Research Fund, the National World War II Memorial Fund, the Prostate Cancer Research Fund, the Lou Gehrig's Disease (ALS) Research Fund, the Multiple Sclerosis Assistance Fund, the Sarcoidosis Research Fund, the Leukemia Treatment and Education Fund, the World War II Illinois Veterans Memorial Fund, the Korean War Veterans National Museum and Library Fund, the Illinois Military Family Relief Fund, the Blindness Prevention Fund, the Illinois Veterans' Homes Fund, the Epilepsy Treatment and Education Grants-in-Aid Fund, the Diabetes Research Checkoff Fund, the Vince Demuzio Memorial Colon Cancer Fund, the Autism Research Fund, the Heartsaver AED Fund, the Asthma and Lung Research Fund, and the Illinois Brain Tumor Research Fund.

Each form shall contain a statement that the contributions will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of increased payment shall reduce the contribution accordingly.

If, on October 1 of any year, the total contributions to any one of the funds made under this Article 5 Section do not equal $100,000 or more, the explanations and spaces for designating contributions to the fund shall be removed from the individual income tax return forms for the following and all subsequent years and all subsequent contributions to the fund shall be refunded to the taxpayer.

(Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; revised 8-3-06.)

(35 ILCS 5/510) (from Ch. 120, par. 5-510)

Sec. 510. Determination of amounts contributed. The Department shall determine the total amount contributed to each of the funds made under this Article 5 following: the Child Abuse Prevention Fund, the Illinois Wildlife Preservation Fund, the Assistance to the Homeless Fund, the Alzheimer's Disease Research Fund, the Penny Severns Breast and Cervical Cancer Research Fund, the National World War II Memorial Fund, the Prostate Cancer Research Fund, the Illinois Military Family Relief Fund, the Lou Gehrig's Disease (ALS) Research Fund, the Multiple Sclerosis Assistance Fund, the Sarcoidosis Research Fund, the Leukemia Treatment and Education Fund, the World War II Illinois Veterans Memorial Fund, the Korean War Veterans National Museum and Library Fund, the Illinois Veterans' Homes Fund, the Epilepsy Treatment and Education Grants-in-Aid Fund, the Diabetes Research Checkoff Fund, the Vince Demuzio Memorial Colon Cancer Fund, the Autism Research Fund, the Blindness Prevention Fund, the Heartsaver AED Fund, the Asthma and Lung Research Fund, and the Illinois Brain Tumor Research Fund; and shall notify the State Comptroller and the State Treasurer of the amounts to be transferred from the General Revenue Fund to each fund, and upon receipt of such notification the State Treasurer and Comptroller shall transfer the amounts.

(Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; revised 8-3-06.)

Section 99. Effective date. This Act takes effect July 1, 2007.