Full Text of HB3128 99th General Assembly
HB3128eng 99TH GENERAL ASSEMBLY |
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| 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 3. The Illinois Administrative Procedure Act is | 5 | | amended by changing Sections 1-20 and 1-70 as follows: | 6 | | (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
| 7 | | Sec. 1-20. "Agency" means each officer, board, commission, | 8 | | and agency
created by the Constitution, whether in the | 9 | | executive, legislative, or
judicial branch of State | 10 | | government, but other than the circuit court; each
officer, | 11 | | department, board, commission, agency, institution, authority,
| 12 | | university, and body politic and corporate of the State; each
| 13 | | administrative unit or corporate outgrowth of the State | 14 | | government that is
created by or pursuant to statute, other | 15 | | than units of local government and
their officers, school | 16 | | districts, and boards of election commissioners; and
each | 17 | | administrative unit or corporate outgrowth of the above and as | 18 | | may be
created by executive order of the Governor. "Agency", | 19 | | however, does not
include the following:
| 20 | | (1) The House of Representatives and Senate and their | 21 | | respective
standing and service committees, including | 22 | | without limitation the
Board of the Office of the Architect | 23 | | of the Capitol and the Architect of the
Capitol established |
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| 1 | | under
the Legislative Commission Reorganization Act of | 2 | | 1984.
| 3 | | (2) The Governor , except with respect to | 4 | | intergovernmental agreements .
| 5 | | (3) The justices and judges of the Supreme and | 6 | | Appellate Courts.
| 7 | | (4) The Legislative Ethics Commission.
| 8 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 9 | | (5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)
| 10 | | Sec. 1-70.
"Rule" means each agency statement of general | 11 | | applicability
that implements, applies, interprets, or | 12 | | prescribes law or policy, but does
not include (i) statements | 13 | | concerning only the internal management of an
agency and not | 14 | | affecting private rights or procedures available to persons
or | 15 | | entities outside the agency, (ii) informal advisory rulings | 16 | | issued under
Section 5-150, (iii) intra-agency memoranda, (iv) | 17 | | the prescription of
standardized forms, (v) documents prepared | 18 | | or filed or actions taken
by the Legislative Reference Bureau | 19 | | under Section 5.04 of the Legislative
Reference Bureau Act, or | 20 | | (vi) guidance documents prepared by the Illinois Environmental | 21 | | Protection Agency under Section 39.5 or subsection (s) of | 22 | | Section 39 of the Environmental Protection Act. "Rule" also | 23 | | includes the exclusive means by which a State agency may enter | 24 | | into or implement an intergovernmental agreement as provided in | 25 | | Section 3 of the Intergovernmental Cooperation Act.
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| 1 | | (Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)
| 2 | | Section 5. The Intergovernmental Cooperation Act is | 3 | | amended by changing Section 3 as follows:
| 4 | | (5 ILCS 220/3) (from Ch. 127, par. 743)
| 5 | | Sec. 3. Intergovernmental cooperation. | 6 | | (a) Any power or powers, privileges, functions, or | 7 | | authority exercised or which
may be
exercised by a public | 8 | | agency of this State may be exercised, combined,
transferred, | 9 | | and enjoyed
jointly with any other public agency of this State | 10 | | and jointly with any
public agency of any other state or of the | 11 | | United States to the extent that
laws of such other state or of | 12 | | the United States do not prohibit joint
exercise or enjoyment | 13 | | and except where specifically and expressly prohibited
by law.
| 14 | | This includes, but is not limited to, (i) arrangements between | 15 | | the Illinois
Student Assistance Commission and agencies in | 16 | | other states which issue
professional licenses and (ii) | 17 | | agreements between the Department of Healthcare and Family | 18 | | Services (formerly
Illinois Department of
Public Aid) and | 19 | | public agencies for the establishment and enforcement of child
| 20 | | support orders and for the exchange of information that may be | 21 | | necessary for
the enforcement of those child support orders.
| 22 | | (b) The exclusive means by which a State agency, as defined | 23 | | in Section 1-20 of the Illinois Administrative Procedure Act, | 24 | | may enter into or implement an intergovernmental agreement with |
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| 1 | | another State agency by the prior adoption of rules in | 2 | | accordance with the Illinois Administrative Procedure Act. Two | 3 | | or more State agencies that wish to participate in the same | 4 | | intergovernmental agreement may do so by adopting joint rules | 5 | | in accordance with the Illinois Administrative Procedure Act. | 6 | | The rules must include, at a minimum, the actual terms and | 7 | | conditions of the specific intergovernmental agreement that is | 8 | | contemplated by the State agency or agencies. | 9 | | Within 6 months after the effective date of this amendatory | 10 | | Act of the 99th General Assembly, each State agency must file, | 11 | | with the Legislative Audit Commission, a copy of each | 12 | | intergovernmental agreement entered into by that agency, or any | 13 | | of its predecessor agencies, with another State agency prior to | 14 | | the effective date of this amendatory Act of the 99th General | 15 | | Assembly that was not fully performed by all parties before | 16 | | that effective date.
| 17 | | (c) Notwithstanding any other provision of law, no State | 18 | | agency, as defined in Section 1-20 of the Illinois | 19 | | Administrative Procedure Act, may enter into an | 20 | | intergovernmental agreement with another State agency that | 21 | | authorizes sharing of appropriation line items unless that | 22 | | agreement is approved by a joint resolution of the General | 23 | | Assembly. | 24 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 25 | | Section 10. The State Finance Act is amended by adding |
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| 1 | | Section 5.866 as follows: | 2 | | (30 ILCS 105/5.866 new) | 3 | | Sec. 5.866. The Coal Mining Land Conservation and | 4 | | Reclamation Fund. | 5 | | Section 15. The Illinois Coal Technology Development | 6 | | Assistance Act is amended by changing Sections 3 and 7 as | 7 | | follows:
| 8 | | (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
| 9 | | Sec. 3. Transfers to and from the Coal Technology | 10 | | Development Assistance Fund Funds . | 11 | | (a) As soon
as may be practicable after the first day of | 12 | | each month, the Department of
Revenue shall certify to the | 13 | | Treasurer an amount equal to 1/64 of the revenue
realized from | 14 | | the tax imposed by the Electricity Excise Tax Law, Section 2
of | 15 | | the Public Utilities Revenue Act,
Section 2 of the Messages Tax | 16 | | Act, and Section 2 of the Gas Revenue Tax Act,
during the | 17 | | preceding month. Upon receipt of the certification, the | 18 | | Treasurer
shall transfer the amount shown on such certification | 19 | | from the General Revenue
Fund to the Coal Technology | 20 | | Development Assistance Fund, which is hereby
created as a | 21 | | special fund in the State treasury, except that no transfer | 22 | | shall
be made in any month in which the Fund has reached the | 23 | | following balance:
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| 1 | | (1) $7,000,000 during fiscal year 1994.
| 2 | | (2) $8,500,000 during fiscal year 1995.
| 3 | | (3) $10,000,000 during fiscal years 1996 and 1997.
| 4 | | (4) During fiscal year 1998 through fiscal year 2004, | 5 | | an amount
equal to the sum of $10,000,000 plus additional | 6 | | moneys
deposited into the Coal Technology Development | 7 | | Assistance Fund from the
Renewable Energy Resources and | 8 | | Coal Technology Development Assistance Charge
under | 9 | | Section 6.5 of the Renewable Energy, Energy Efficiency, and | 10 | | Coal
Resources Development Law of 1997. | 11 | | (5) During fiscal year 2005, an amount equal to the sum | 12 | | of $7,000,000 plus additional moneys
deposited into the | 13 | | Coal Technology Development Assistance Fund from the
| 14 | | Renewable Energy Resources and Coal Technology Development | 15 | | Assistance Charge
under Section 6.5 of the Renewable | 16 | | Energy, Energy Efficiency, and Coal
Resources Development | 17 | | Law of 1997. | 18 | | (6) During fiscal year 2006 and each fiscal year | 19 | | thereafter, an amount equal to the sum of $10,000,000 plus | 20 | | additional moneys
deposited into the Coal Technology | 21 | | Development Assistance Fund from the
Renewable Energy | 22 | | Resources and Coal Technology Development Assistance | 23 | | Charge
under Section 6.5 of the Renewable Energy, Energy | 24 | | Efficiency, and Coal
Resources Development Law of 1997.
| 25 | | (b) During fiscal year 2016 and each fiscal year | 26 | | thereafter, an amount of $333,333.33 shall be transferred from |
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| 1 | | the Coal Technology Development Assistance Fund to the Coal | 2 | | Mining Land Conservation and Reclamation Fund on the first day | 3 | | of each month. | 4 | | (Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)
| 5 | | (30 ILCS 730/7 new) | 6 | | Sec. 7. Coal Mining Land Conservation and Reclamation Fund. | 7 | | The Coal Mining Land Conservation and Reclamation Fund is | 8 | | hereby created. The Department of Natural Resources shall use | 9 | | all monies from the Coal Mining Land Conservation and | 10 | | Reclamation Fund to administer the Department's | 11 | | responsibilities under the Surface Coal Mining Land | 12 | | Conservation and Reclamation Act. Monies may be used as | 13 | | necessary for additional personal costs associated with | 14 | | administration of the Act. Notwithstanding any other law to the | 15 | | contrary, the Coal Mining Land Conservation and Reclamation | 16 | | Fund is not subject to sweeps, administrative charge-backs, or | 17 | | any other fiscal or budgetary maneuver that would in any way | 18 | | transfer any amounts from the Coal Mining Land Conservation and | 19 | | Reclamation Fund into any other fund of the State.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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