SB0824sam001 95TH GENERAL ASSEMBLY

Sen. Michael Bond

Filed: 3/23/2007

09500SB0824sam001 LRB095 05525 HLH 34553 a

AMENDMENT TO SENATE BILL 824

AMENDMENT NO. ______. Amend Senate Bill 824 by replacing everything after the enacting clause with the following:

"Section 5. The Soil and Water Conservation Districts Act is amended by changing Sections 6 and 22.03 as follows:

(70 ILCS 405/6) (from Ch. 5, par. 111)

Sec. 6. Powers and duties. In addition to the powers and duties otherwise conferred upon the Department, it shall have the following powers and duties:

(1) To offer such assistance as may be appropriate to the directors of soil and water conservation districts, organized as provided hereinafter, in the carrying out of any of the powers and programs.

(2) To keep the directors of each of said several districts informed of the activities and experience of other such districts, and to facilitate an interchange of advice and experience between such districts and cooperation between them.

(3) To coordinate the programs of the several districts so far as this may be done by advice and consultation.

(4) To seek the cooperation and assistance of the United States and of agencies of this State, in the work of such districts.

(5) To disseminate information throughout the State concerning the formation of such districts, and to assist in the formation of such districts in areas where their organization is desirable.

(6) To consider, review, and express its opinion concerning any rules, regulations, ordinances or other action of the board of directors of any district and to advise such board of directors accordingly.

(7) To prepare and submit to the Director of the Department an annual budget.

(8) To develop and coordinate a comprehensive State erosion and sediment control program, including guidelines to be used by districts in implementing this program. In developing this program, the Department may consult with and request technical assistance from local, State and federal agencies, and may consult and advise with technically qualified persons and with the soil and water conservation districts. The guidelines developed may be revised from time to time as necessary.

(9) To promote among its members the management of marginal agricultural and other rural lands for forestry, consistent with the goals and purposes of the "Illinois Forestry Development Act".

Nothing in this Act shall authorize the Department or any district to regulate or control point source discharges to waters.

(10) To make grants subject to annual appropriation from the the Build Illinois Bond Fund or any other sources, including the federal government, to Soil and Water Conservation Districts and the Natural Resources Conservation Service. After a grant amount has been determined for a Soil and Water Conservation District or the Natural Resources Conservation Service, but not fully expended, that amount may, upon consultation with the Soil and Water Conservation District or the Natural Resources Conservation Council, be reduced by an amount less than the amount that remains unexpended, in order to make supplemental grants to a different Soil and Water Conservation District or to the Natural Resources Conservation Service Soil Conservation Service.

(11) To provide payment for outstanding health care costs of Soil and Water Conservation District employees incurred between January 1, 1996 and December 31, 1996 that were eligible for reimbursement from the District's insurance carrier, Midcontinent Medical Benefit Trust, but have not been paid to date by Midcontinent. All claims shall be filed with the Department on or before January 30, 1998 to be considered for payment under the provisions of this amendatory Act of 1997. The Department shall approve or reject claims based upon documentation and in accordance with established procedures. The authority granted under this item (11) expires on September 1, 1998.

Nothing in this Act shall authorize the Department in any district to regulate or curtail point source discharges to waters.

(Source: P.A. 94-91, eff. 7-1-05.)

(70 ILCS 405/22.03) (from Ch. 5, par. 127.3)

Sec. 22.03. Cooperation with other entities.

(a) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to, any agency, governmental or otherwise, or any owner or occupier of lands within the district, in the carrying on of erosion-control and flood prevention operations within the district, subject to such conditions as the directors may deem necessary to advance the purposes of this Act.

(b) If property is located outside of the district but is administered within the district for the purpose of U.S. Department of Agriculture programs, then, for the purpose of this Section, that property is deemed to be within the district.

(Source: Laws 1955, p. 189.)".