91st General Assembly
Status of HB2970
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HARTKE-REITZ-SMITH,MICHAEL-POE AND LAWFER.

(SIEBEN-O'DANIEL-MYERS,J)

   225 ILCS 715/3            from Ch. 96 1/2, par. 4503                        
   225 ILCS 715/5            from Ch. 96 1/2, par. 4506                        
   225 ILCS 715/6            from Ch. 96 1/2, par. 4507                        
   225 ILCS 715/8            from Ch. 96 1/2, par. 4509                        
   225 ILCS 715/12           from Ch. 96 1/2, par. 4513                        
   225 ILCS 715/4.1 rep.                                                       
   225 ILCS 715/15 rep.                                                        

        Amends the Surface-Mined Land Conservation and  Reclamation  Act.      
   Makes  changes  in  the  definition  of  "affected  land".   Deletes a      
   provision providing that the Department shall extend a permit  without      
   payment of an additional fee where acreage for which a permit has been      
   in  effect  is  not  mined  or  where  mining operations have not been      
   completed.  Provides that the length of a permit for conservation  and      
   reclamation  is  10 years (was 3 years).  Makes changes in the Section      
   concerning the duties of an operator. Provides  that  certificates  of      
   deposits  may  be  deposited  in  lieu  of  bonds. Deletes a provision      
   allowing the Department to accept existing reclaimed acres  in  excess      
   of   cumulative   permit   or  mined  acres  to  fulfill  surety  bond      
   requirements.  Preempts home rule.  Provides  that  bonding  aggregate      
   mining  operations  under permit of the State is an exclusive power of      
   the State.  Prohibits the retroactive application of the  Department's      
   rules.   Provides  that  the provisions of the Illinois Administrative      
   Procedure Act apply to the adoption of rules under the  Act.   Repeals      
   the  Section  creating  the  Surface  Mining  Advisory Council and the      
   Section  concerning  the  Environmental  Protection   Agency   Permit.      
   Effective immediately.                                                      
          FISCAL NOTE (Department of Natural Resources)                        
          HB 2970 will have no fiscal impact.                                  
          HOME RULE NOTE (Dept. of Commerce and Community Affairs)             
          HB 2970 contains language stating that bonding aggregate mining      
          operations under permit by the State is an exclusive power and       
          function of the State. This provision is a denial and a limi-        
          tation of home rule powers and functions under Article VII,          
          Section 6, subsection (h) of the Illinois Constitution of 1970.      
          Therefore, HB 2970 pre-empts home rule authority.                    
        HOUSE AMENDMENT NO. 1.                                                 
        Restores language requiring the Department to consider the  short      
   and long term impact of the proposed mining on air pollution and noise      
   pollution  when  considering  a  conservation  and  reclamation  plan.      
   Restores language in provisions regarding the covering of acid forming      
   materials  present  in  the exposed face of the mined coal seam or gob      
   not capable of supporting vegetation.                                       
   99-11-30  H  FILED WITH CLERK                                               
   99-11-30  H  FIRST READING                                                  
   99-11-30  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-01-12  H  ADDED AS A CO-SPONSOR                    LAWFER                
   00-02-09  H       ASSIGNED TO COMMITTEE               AGRIC CONSERV         
   00-02-15  H                         FISCAL NOTE FILED                       
   00-02-15  H  HOME RULE NOTE FILED                                           
   00-02-15  H                             AMENDMENT NO. 01-AGRICULTURE   H    
   00-02-15  H                                   ADOPTED 015-000-000           
   00-02-15  H  DO PASS AMENDED/SHORT DEBATE             015-000-000   HAGC    
   00-02-15  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   00-02-16  H  SECOND READING-SHORT DEBATE                                    
   00-02-16  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   00-02-16  H  ADDED AS A JOINT SPONSOR                 REITZ                 
   00-02-16  H  ADDED AS A JOINT SPONSOR                 SMITH,MICHAEL         
   00-02-16  H  ADDED AS A JOINT SPONSOR                 POE                   
   00-02-22  H  THIRD READING/SHORT DEBATE/PASSED        093-020-001           
   00-02-22  S  ARRIVE IN SENATE                                               
   00-02-22  S  PLACED CALENDAR ORDER OF FIRST READING   00-02-23              
   00-02-22  S  CHIEF SPONSOR                            SIEBEN                
   00-02-23  S  FIRST READING                                                  
   00-02-23  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   00-02-29  S  ADDED AS A CHIEF CO-SPONSOR              O'DANIEL              
   00-02-29  S  ADDED AS A CO-SPONSOR                    BOWLES                
   00-03-01  S  ADDED AS A CHIEF CO-SPONSOR              MYERS,J               
   00-03-22  S       ASSIGNED TO COMMITTEE               ENVIR & ENE           
   00-03-29  S       TO SUBCOMMITTEE                                           
   00-03-29  S                   COMMITTEE               ENVIR & ENE           
   00-04-01  S  RE-REFERRED TO RULES COMM/RULE 3-9(A)    RULES                 
   00-04-06  S  ADDED AS A CO-SPONSOR                    WATSON                
   00-04-15  S            RULED EXEMPT UNDER SENATE RULE 3-9(B)        SRUL    
   00-04-15  S       ASSIGNED TO COMMITTEE               ENVIR & ENE           
   00-11-29  S                             AMENDMENT NO. 01-ENVIR. & ENE. S    
   00-11-29  S                                      LOST                       
   00-11-29  S       DO PASS                             006-002-000   SENV    
   00-11-29  S  PLACED ON CALENDAR ORDER OF 2ND READING  00-11-30              
   00-11-29  S  SECOND READING                                                 
   00-11-29  S  PLACED ON CALENDAR ORDER OF 3RD READING  00-11-30              
   00-11-30  S                         3/5 VOTE REQUIRED                       
   00-11-30  S  THIRD READING - PASSED                   039-018-000           
   00-11-30  H  PASSED BOTH HOUSES                                             
   00-12-11  H  SENT TO THE GOVERNOR                                           
   01-01-11  H  GOVERNOR APPROVED                                              
   01-01-11  H                            EFFECTIVE DATE 01-01-11              
   01-01-11  H  PUBLIC ACT.............................. 91-0938               

   END OF INQUIRY 



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