Illinois General Assembly - Full Text of HB5940
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Full Text of HB5940  95th General Assembly



HB5940 Engrossed LRB095 18260 RCE 44344 b

1     AN ACT concerning finance.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The State Finance Act is amended by changing
5 Section 6z-32 as follows:
6     (30 ILCS 105/6z-32)
7     Sec. 6z-32. Partners for Planning and Conservation.
8     (a) The Partners for Conservation Fund (formerly known as
9 the Conservation 2000 Fund) and the Partners for Conservation
10 Projects Fund (formerly known as the Conservation 2000 Projects
11 Fund) are created as special funds in the State Treasury. These
12 funds shall be used to establish a comprehensive program to
13 protect Illinois' natural resources through cooperative
14 partnerships between State government and public and private
15 landowners. Moneys in these Funds may be used, subject to
16 appropriation, by the Department of Natural Resources,
17 Environmental Protection Agency, and the Department of
18 Agriculture for purposes relating to natural resource
19 protection, planning, recreation, tourism, and compatible
20 agricultural and economic development activities. Without
21 limiting these general purposes, moneys in these Funds may be
22 used, subject to appropriation, for the following specific
23 purposes:



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1         (1) To foster sustainable agriculture practices and
2     control soil erosion and sedimentation, including grants
3     to Soil and Water Conservation Districts for conservation
4     practice cost-share grants, which may also include grants
5     to livestock operations for water quality protection and
6     improvement, and for personnel, educational, and
7     administrative expenses. Notwithstanding any other
8     rulemaking authority that may exist, neither the Governor
9     nor any agency or agency head under the jurisdiction of the
10     Governor has any authority to make or promulgate rules to
11     implement or enforce the provisions of this amendatory Act
12     of the 95th General Assembly. If, however, the Governor
13     believes that rules are necessary to implement or enforce
14     the provisions of this amendatory Act of the 95th General
15     Assembly, the Governor may suggest rules to the General
16     Assembly by filing them with the Clerk of the House and
17     Secretary of the Senate and by requesting that the General
18     Assembly authorize such rulemaking by law, enact those
19     suggested rules into law, or take any other appropriate
20     action in the General Assembly's discretion. Nothing
21     contained in this amendatory Act of the 95th General
22     Assembly shall be interpreted to grant rulemaking
23     authority under any other Illinois statute where such
24     authority is not otherwise explicitly given. For the
25     purposes of this amendatory Act of the 95th General
26     Assembly, "rules" is given the meaning contained in Section



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1     1-70 of the Illinois Administrative Procedure Act, and
2     "agency" and "agency head" are given the meanings contained
3     in Sections 1-20 and 1-25 of the Illinois Administrative
4     Procedure Act to the extent that such definitions apply to
5     agencies or agency heads under the jurisdiction of the
6     Governor.
7         (2) To establish and protect a system of ecosystems in
8     public and private ownership through conservation
9     easements, incentives to public and private landowners,
10     natural resource restoration and preservation, water
11     quality protection and improvement, land use and watershed
12     planning, technical assistance and grants, and land
13     acquisition provided these mechanisms are all voluntary on
14     the part of the landowner and do not involve the use of
15     eminent domain.
16         (3) To develop a systematic and long-term program to
17     effectively measure and monitor natural resources and
18     ecological conditions through investments in technology
19     and involvement of scientific experts.
20         (4) To initiate strategies to enhance, use, and
21     maintain Illinois' inland lakes through education,
22     technical assistance, research, and financial incentives.
23         (5) To partner with private landowners and with units
24     of State, federal, and local government and with
25     not-for-profit organizations in order to integrate State
26     and federal programs with Illinois' natural resource



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1     protection and restoration efforts and to meet
2     requirements to obtain federal and other funds for
3     conservation or protection of natural resources.
4     (b) The State Comptroller and State Treasurer shall
5 automatically transfer on the last day of each month, beginning
6 on September 30, 1995 and ending on June 30, 2021, from the
7 General Revenue Fund to the Partners for Conservation Fund, an
8 amount equal to 1/10 of the amount set forth below in fiscal
9 year 1996 and an amount equal to 1/12 of the amount set forth
10 below in each of the other specified fiscal years:
11Fiscal Year Amount
121996$ 3,500,000
131997$ 9,000,000
172001 through 2004$14,000,000
182005 $7,000,000
192006 $11,000,000
202007 $0
212008 through 2021....................... $14,000,000
22     (c) Notwithstanding any other provision of law to the
23 contrary and in addition to any other transfers that may be
24 provided for by law, on the last day of each month beginning on
25 July 31, 2006 and ending on June 30, 2007, or as soon
26 thereafter as may be practical, the State Comptroller shall



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1 direct and the State Treasurer shall transfer $1,000,000 from
2 the Open Space Lands Acquisition and Development Fund to the
3 Conservation 2000 Fund.
4     (d) There shall be deposited into the Partners for
5 Conservation Projects Fund such bond proceeds and other moneys
6 as may, from time to time, be provided by law.
7 (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-139,
8 eff. 1-1-08.)