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90_HB1116sam001
LRB9004535KDksam03
1 AMENDMENT TO HOUSE BILL 1116
2 AMENDMENT NO. . Amend House Bill 1116 by replacing
3 the title with the following:
4 "AN ACT concerning State services."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Illinois Farm Economic Development and Renewable Fuel Act.
9 Section 5. Findings. The legislature finds and declares
10 that it is in the interest of the people of this State that
11 the establishment of local grain processing centers be
12 encouraged in order to augment local agricultural markets,
13 promote agricultural diversification, expand rural employment
14 opportunities, promote economic activity, enhance the
15 environment, and protect and better use the land and
16 agricultural resources of the State.
17 The legislature finds that grain processing shall be
18 considered an agricultural pursuit for the purposes of any
19 laws that apply to or provide for the advancement, benefit,
20 or protection of the agriculture industry of the State.
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1 Section 10. Purpose. The purpose of the Act is to
2 improve the environment, create jobs and rural economic
3 growth, and encourage energy self-reliance through the
4 establishment of community-sized grain processing centers
5 which produce ethyl alcohol and other grain products,
6 encourage the establishment of associated industries, and
7 assist Illinois farmers in expanding local markets for their
8 grain production.
9 Section 15. Definitions. For the purpose of this Act:
10 (a) "Associated industry" means an industry using the
11 by-products of a processing center, including, but not
12 limited to, ethyl alcohol, fermented grains, liquid feeds,
13 carbon dioxide, heat, or any other product resulting from the
14 processing of agricultural products and located in proximity
15 to the processing center.
16 (b) "Corn means Illinois produced corn used in a
17 processing center to make ethyl alcohol, fermented grains,
18 solubles, and carbon dioxide.
19 (c) "Department" means the Department of Agriculture.
20 (d) "Director" means the Director of Agriculture.
21 (e) "Ethyl alcohol" means fermentation ethyl alcohol
22 having a purity of at least 95% (190 proof) and derived from
23 agricultural products, including potatoes, cereal grains,
24 cheese, whey, and sugar beets; forest products; or other
25 renewable resources, including residue and waste generated
26 from the production, processing, and marketing of
27 agricultural products, forest products, and other renewable
28 resources.
29 (f) "Processing center" means a grain processing center
30 at which ethyl alcohol is produced by fermenting corn or
31 other organic materials and which is owned by a governmental
32 unit or a private entity that provides Illinois farmers the
33 opportunity to invest.
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1 Section 20. Grain processing payments.
2 (a) Subject to appropriation, the Director shall make
3 cash payments to processors in this State that use corn to
4 make ethyl alcohol and other products. These payments shall
5 apply only to corn used to make ethyl alcohol and other
6 products in this State at a processing center that begins
7 production after January 1, 1998. For the purpose of this
8 Section, an entity that holds a controlling interest in more
9 than one processing center shall be considered a single
10 processor. The amount of the payment for each processor's
11 annual consumption shall be 30 cents per bushel of corn for
12 each bushel of corn used to produce ethyl alcohol and other
13 products in a grain processing center that began production
14 after January 1, 1998. Payment shall be made only during
15 the 5-year period beginning at the same time as the start of
16 production. Payment shall be made only on the first
17 5,000,000 bushels of corn consumed annually at each
18 processing center.
19 (b) Subject to appropriation, the Director shall make
20 payments to processors of corn in the amount of 1.5 cents for
21 each kilowatt hour of electricity generated using closed-loop
22 biomass, coal mine methane gas from abandoned mines, or
23 methane from waste disposal, including but not limited to,
24 sanitary landfills, animal manures, or food processing, in a
25 cogeneration facility serving a processing center or
26 associated industry located in this State. Payments under
27 this subsection (b) shall be made only for electricity
28 generated at cogeneration facilities serving processing
29 centers that begin operation after January 1, 1998. The
30 payments shall apply to electricity generated on or before
31 the date 5 years after the processor first qualifies for
32 payment under this Act. Total payments to processors under
33 this Section in any fiscal year may not exceed $750,000. For
34 the purposes of this Section:
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1 (i) "closed-loop biomass" means any organic
2 material from a plant that is planted for the purpose of
3 being used to generate electricity or for multiple
4 purposes that include being used to generate electricity;
5 and
6 (ii) "cogeneration" means the combined generation
7 of:
8 (1) electrical or mechanical power; and
9 (2) steam or forms of useful energy,
10 including, but not limited to heat, that are used
11 for industrial, commercial, heating, or cooling
12 purposes.
13 (c) The total payments under subsections (a) and (b) to
14 all processors may not exceed $4,500,000 in a fiscal year.
15 Total payments under subsections (a) and (b) to a processor
16 in a fiscal year may not exceed $2,250,000.
17 (d) By the last day of September, December, March, and
18 June of each year, each processor shall file a claim for
19 payment for the bushels of corn used in a grain processing
20 center during the preceding 3 calendar months. A processor
21 with more than one processing center shall file a separate
22 claim for each such processing center. A processor who files
23 a claim under this Section shall include a statement of the
24 processor's total corn consumption and total ethyl alcohol
25 production during the quarter covered by the claim. A
26 processor shall file a separate claim for any amount claimed
27 under subsection (b). For each claim and statement of
28 production filed under this Act, the volumes and amounts
29 claimed must be examined by an independent certified public
30 accountant in accordance with standards established by the
31 American Institute of Certified Public Accountants.
32 (e) Subject to appropriation, payments under this
33 Section shall be made October 15, January 15, April 15, and
34 July 15 of each year. Subject to appropriation, a separate
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1 payment shall be made for each claim filed. The total
2 quarterly payment to a processor under this Act may not
3 exceed $562,500. If the total amount for which all
4 processors are eligible in a quarter under subsections (a)
5 and (b) exceeds $1,125,000, the Director shall make payments,
6 subject to appropriation, in the order in which the portion
7 of production capacity covered by each claim went into
8 production. Only those processors who receive payments for
9 the quarter or received payments under subsections (a) or (b)
10 in an earlier quarter will be eligible for corn payments
11 under this Act.
12 (f) If the total amount for which all processors are
13 eligible in a quarter under Section 20(b) exceeds the amount
14 available for payments, subject to appropriation, the
15 Director shall make payments in the order in which the
16 processing centers covered by the claims began generating
17 electricity using closed-loop biomass, coal mine methane gas
18 from abandoned mines, or methane from waste disposal,
19 including, but not limited to, sanitary landfills, animal
20 manures, or food processing.
21 Section 25. Rule making. The Director shall adopt
22 emergency and permanent rules to implement this Act.
23 Section 30. Partial invalidity. If any provision of
24 this Act or the application thereof to any person or
25 circumstance is held invalid, the remainder of this Act and
26 the application of that provision to other persons or
27 circumstances shall not be affected thereby.
28 Section 35. Expiration. This Act expires December 31,
29 2005, and the unobligated balance of each appropriation under
30 this Act on that date shall revert to the General Revenue
31 Fund.
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1 Section 60. The Senior Citizens and Disabled Persons
2 Property Tax Relief and Pharmaceutical Assistance Act is
3 amended by changing Section 4 as follows:
4 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
5 Sec. 4. Amount of Grant.
6 (a) In general. Any individual 65 years or older or any
7 individual who will become 65 years old during the calendar
8 year in which a claim is filed, and any surviving spouse of
9 such a claimant, who at the time of death received or was
10 entitled to receive a grant pursuant to this Section, which
11 surviving spouse will become 65 years of age within the 24
12 months immediately following the death of such claimant and
13 which surviving spouse but for his or her age is otherwise
14 qualified to receive a grant pursuant to this Section, and
15 any disabled person whose annual household income is less
16 than $14,000 for grant years before the 1997 grant year and
17 $16,000 for the 1997 grant year and thereafter and whose
18 household is liable for payment of property taxes accrued or
19 has paid rent constituting property taxes accrued and is
20 domiciled in this State at the time he files his claim is
21 entitled to claim a grant under this Act. With respect to
22 claims filed by individuals who will become 65 years old
23 during the calendar year in which a claim is filed, the
24 amount of any grant to which that household is entitled shall
25 be an amount equal to 1/12 of the amount to which the
26 claimant would otherwise be entitled as provided in this
27 Section, multiplied by the number of months in which the
28 claimant was 65 in the calendar year in which the claim is
29 filed.
30 (b) Limitation. Except as otherwise provided in
31 subsections (a) and (f) of this Section, the maximum amount
32 of grant which a claimant is entitled to claim is the amount
33 by which the property taxes accrued which were paid or
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1 payable during the last preceding tax year or rent
2 constituting property taxes accrued upon the claimant's
3 residence for the last preceding taxable year exceeds 3 1/2%
4 of the claimant's household income for that year but in no
5 event is the grant to exceed (i) $700 less 4.5% of household
6 income for that year if the household income is less than
7 $14,000 or (ii) $70 if the household income for that year is
8 $14,000 or more but less than $16,000.
9 (c) Public aid recipients. If household income in one
10 or more months during a year includes cash assistance in
11 excess of $55 per month from the Department of Public Aid or
12 the Department of Human Services (acting as successor to the
13 Department of Public Aid under the Department of Human
14 Services Act) which was determined under regulations of that
15 Department on a measure of need that included an allowance
16 for actual rent or property taxes paid by the recipient of
17 that assistance, the amount of grant to which that household
18 is entitled, except as otherwise provided in subsection (a),
19 shall be the product of (1) the maximum amount computed as
20 specified in subsection (b) of this Section and (2) the ratio
21 of the number of months in which household income did not
22 include such cash assistance over $55 to the number twelve.
23 If household income did not include such cash assistance over
24 $55 for any months during the year, the amount of the grant
25 to which the household is entitled shall be the maximum
26 amount computed as specified in subsection (b) of this
27 Section. For purposes of this paragraph (c), "cash
28 assistance" does not include any amount received under the
29 federal Supplemental Security Income (SSI) program.
30 (d) Joint ownership. If title to the residence is held
31 jointly by the claimant with a person who is not a member of
32 his household, the amount of property taxes accrued used in
33 computing the amount of grant to which he is entitled shall
34 be the same percentage of property taxes accrued as is the
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1 percentage of ownership held by the claimant in the
2 residence.
3 (e) More than one residence. If a claimant has occupied
4 more than one residence in the taxable year, he may claim
5 only one residence for any part of a month. In the case of
6 property taxes accrued, he shall pro rate 1/12 of the total
7 property taxes accrued on his residence to each month that he
8 owned and occupied that residence; and, in the case of rent
9 constituting property taxes accrued, shall pro rate each
10 month's rent payments to the residence actually occupied
11 during that month.
12 (f) There is hereby established a program of
13 pharmaceutical assistance to the aged and disabled which
14 shall be administered by the Department in accordance with
15 this Act, to consist of payments to authorized pharmacies, on
16 behalf of beneficiaries of the program, for the reasonable
17 costs of covered prescription drugs. Each beneficiary who
18 pays $40 for an identification card shall pay the first $15
19 of prescription costs each month. Each beneficiary who pays
20 $80 for an identification card shall pay the first $25 of
21 prescription costs each month. In addition, after a
22 beneficiary receives $800 in benefits during a State fiscal
23 year, that beneficiary shall also be charged 20% of the cost
24 of each prescription for which payments are made by the
25 program during the remainder of the fiscal year. To become a
26 beneficiary under this program a person must be: (1) (i) 65
27 years or older, or (ii) the surviving spouse of such a
28 claimant, who at the time of death received or was entitled
29 to receive benefits pursuant to this subsection, which
30 surviving spouse will become 65 years of age within the 24
31 months immediately following the death of such claimant and
32 which surviving spouse but for his or her age is otherwise
33 qualified to receive benefits pursuant to this subsection, or
34 (iii) disabled, and (2) is domiciled in this State at the
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1 time he files his or her claim, and (3) has a maximum
2 household income of less than $16,000 $14,000. In addition,
3 each eligible person must (1) obtain an identification card
4 from the Department, (2) at the time the card is obtained,
5 sign a statement assigning to the State of Illinois benefits
6 which may be otherwise claimed under any private insurance
7 plans, (3) present the identification card to the dispensing
8 pharmacist.
9 Any person otherwise eligible for pharmaceutical
10 assistance under this Act whose covered drugs are covered by
11 any public program for assistance in purchasing any covered
12 prescription drugs shall be ineligible for assistance under
13 this Act to the extent such costs are covered by such other
14 plan.
15 The fee to be charged by the Department for the
16 identification card shall be equal to $40 for persons below
17 the official poverty line as defined by the United States
18 Department of Health and Human Services and $80 for all other
19 persons.
20 In the event that 2 or more persons are eligible for any
21 benefit under this Act, and are members of the same
22 household, (1) each such person shall be entitled to
23 participate in the pharmaceutical assistance program,
24 provided that he or she meets all other requirements imposed
25 by this subsection and (2) each participating household
26 member contributes the fee required for that person by the
27 preceding paragraph for the purpose of obtaining an
28 identification card. Persons eligible for any benefit under
29 this Act due to become 65 in calendar year 1984 or any
30 subsequent calendar year in which a claim is filed are
31 excluded from the benefit prescribed in this subsection (g)
32 for the calendar year in which they become 65.
33 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
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1 Section 99. Effective date. This Act takes effect
2 January 1, 1998.".