Sen. Rickey R. Hendon

Filed: 5/27/2004

 

 


 

 


 
09300HB7181sam002 LRB093 16374 RCE 51758 a

1
AMENDMENT TO HOUSE BILL 7181

2     AMENDMENT NO. ______. Amend House Bill 7181, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The State Finance Act is amended by adding
6 Section 8.43 as follows:
 
7     (30 ILCS 105/8.43 new)
8     Sec. 8.43. Special fund transfers.
9     (a) In order to maintain the integrity of special funds,
10 enhance the Budget Stabilization Fund, and improve stability in
11 the General Revenue Fund, the following transfers are
12 authorized from the designated funds into the Budget
13 Stabilization Fund:
14     FARMER AND AGRIBUSINESS LOAN GUARANTEE FUND........$2,000,000
15     NATURAL AREAS ACQUISITION FUND ...............$3,400,000
16     OPEN SPACE LANDS ACQUISITION
17 AND DEVELOPMENT FUND..............................$22,750,000
18     SECRETARY OF STATE SPECIAL LICENSE
19 PLATE FUND...........................................$856,000
20     SECURITIES INVESTORS EDUCATION FUND ..........$3,271,000
21     SECURITIES AUDIT & ENFORCEMENT FUND .........$17,014,000
22     DEPARTMENT OF BUSINESS SERVICES SPECIAL
23 OPERATIONS FUND......................................$524,000
24     SECRETARY OF STATE SPECIAL SERVICES FUND.............$600,000

 

 

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1     SECRETARY OF STATE DUI ADMINISTRATION FUND ..........$582,000
2     FOOD & DRUG SAFETY FUND........................$817,000
3     TRANSPORTATION REGULATORY FUND ....................$2,379,000
4     FINANCIAL INSTITUTION FUND...................$2,003,000
5     GENERAL PROFESSIONS DEDICATED FUND...............$497,000
6     DRIVERS EDUCATION FUND ...................$2,967,000
7     STATE BOATING ACT FUND ..................$1,072,000
8     STATE PARKS FUND ........................$2,817,000
9     AGRICULTURAL PREMIUM FUND .......................$7,777,000
10     FIRE PREVENTION FUND ...........................$19,850,000
11     ILLINOIS STATE PHARMACY DISCIPLINARY FUND .$4,377,000
12     PUBLIC UTILITY FUND .......................$8,202,000
13     RADIATION PROTECTION FUND ........................$750,000
14     SOLID WASTE MANAGEMENT FUND ...............$9,084,000
15     SUBTITLE D MANAGEMENT FUND ........................$3,006,000
16     ILLINOIS STATE MEDICAL DISCIPLINARY FUND .........$7,365,000
17     DEPARTMENT OF CHILDREN AND FAMILY SERVICES
18 TRAINING FUND......................................$4,000,000
19     NEW TECHNOLOGY RECOVERY FUND ....................$1,200,000
20     PLUGGING AND RESTORATION FUND .......... $1,255,000
21     REGISTERED CERTIFIED PUBLIC ACCOUNTANTS
22 ADMINISTRATION AND DISCIPLINARY FUND ..............$819,000
23     WEIGHTS AND MEASURES FUND ................... $1,800,000
24     SOLID WASTE MANAGEMENT REVOLVING LOAN FUND...........$647,000
25     RESPONSE CONTRACTORS INDEMNIFICATION FUND............$107,000
26     BROWNFIELDS REDEVELOPMENT FUND .........$5,100,000
27     CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND......$1,229,000
28     PROFESSIONS INDIRECT COST FUND ....................$39,000
29     ILLINOIS HEALTH FACILITIES PLANNING FUND .......$2,351,000
30     CREDIT UNION FUND ........................$4,372,000
31     SAVINGS AND RESIDENTIAL FINANCE REGULATORY
32 FUND ..............................................$4,045,000
33     FAIR AND EXPOSITION FUND .........................$2,913,000
34     NURSING DEDICATED AND PROFESSIONAL FUND............$2,650,000

 

 

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1     OPTOMETRIC LICENSING AND DISCIPLINARY
2 BOARD FUND.........................................$1,121,000
3     STATE RAIL FREIGHT LOAN REPAYMENT FUND .....$3,500,000
4     ILLINOIS TAX INCREMENT FUND ..................$1,500,000
5     COMMUNITY WATER SUPPLY LABORATORY FUND ............$1,876,000
6     USED TIRE MANAGEMENT FUND .......................$3,278,000
7     ILLINOIS COMMUNITY COLLEGE BOARD CONTRACTS
8 AND GRANTS FUND ..............................$404,000
9     AUDIT EXPENSE FUND ..........................$1,237,000
10     IMSA SPECIAL PURPOSES TRUST FUND ..................$1,000,000
11     DRUG TREATMENT FUND ..............................$1,379,000
12     PLUMBING LICENSURE AND PROGRAM FUND .......$1,400,000
13     INSURANCE PREMIUM TAX REFUND FUND .................$2,500,000
14     CORPORATE FRANCHISE TAX REFUND FUND .............$1,650,000
15     TAX COMPLIANCE AND ADMINISTRATION FUND ............$9,513,000
16     APPRAISAL ADMINISTRATION FUND......................$1,107,000
17     EARLY INTERVENTION SERVICES REVOLVING FUND ..$6,392,000
18     STATE ASSET FORFEITURE FUND ............ $1,500,000
19     FEDERAL ASSET FORFEITURE FUND ................$3,943,000
20     DEPARTMENT OF CORRECTIONS REIMBURSEMENT
21 AND EDUCATION FUND................................$14,500,000
22     LEADS MAINTENANCE FUND .......$2,000,000
23     STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND........$250,000
24     PUBLIC PENSION REGULATION FUND ................$923,000
25     DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND .$5,457,000
26     WORKFORCE, TECHNOLOGY, AND ECONOMIC
27 DEVELOPMENT FUND ..................................$1,500,000
28     RENEWABLE ENERGY RESOURCES TRUST FUND ...$9,510,000
29     ENERGY EFFICIENCY TRUST FUND .............$3,040,000
30     CONSERVATION 2000 FUND ...................$7,439,000
31     FUND FOR ILLINOIS' FUTURE.........................$29,900,000
32     HORSE RACING FUND .........................$2,500,000
33     DEATH CERTIFICATE SURCHARGE FUND ................$500,000
34     STATE POLICE WIRELESS SERVICE EMERGENCY FUND .$500,000

 

 

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1     WHISTLEBLOWER REWARD AND PROTECTION FUND ...........$750,000
2     ILLINOIS THOROUGHBRED BREEDERS FUND .................$700,000
3     TOBACCO SETTLEMENT RECOVERY FUND .................$19,300,000
4     PRESIDENTIAL LIBRARY AND MUSEUM FUND ......$500,000
5     BANK AND TRUST COMPANY FUND .....................$3,951,000
6     MEDICAL SPECIAL PURPOSES TRUST FUND ..........$967,000
7     DRAM SHOP FUND ...................................$1,517,000
8     ILLINOIS STATE DENTAL DISCIPLINARY FUND ..........$102,000
9     HAZARDOUS WASTE FUND ....................$1,500,000
10     REAL ESTATE LICENSE ADMINISTRATION FUND ...........$2,370,000
11     CRIMINAL JUSTICE INFORMATION SYSTEMS
12 TRUST FUND ........................................$1,200,000
13     DESIGN PROFESSIONALS ADMINISTRATION AND
14 INVESTIGATION FUND ............................$1,172,000
15     ILLINOIS FORESTRY DEVELOPMENT FUND .........$1,257,000
16     STATE POLICE SERVICES FUND .........................$250,000
17     METABOLIC SCREENING AND TREATMENT FUND ........$3,435,000
18     INSURANCE PRODUCER ADMINISTRATION FUND .........$12,727,000
19     LOW-LEVEL RADIOACTIVE WASTE FACILITY
20 DEVELOPMENT AND OPERATION FUND ............$2,202,000
21     LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE,
22 POST-CLOSURE CARE AND COMPENSATION FUND ......$6,000,000
23     ENVIRONMENTAL PROTECTION PERMIT AND
24 INSPECTION FUND ...............................$874,000
25     PARK AND CONSERVATION FUND ........................$8,813,000
26     PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN
27 REVOLVING FUND ..................................$1,822,000
28     INSURANCE FINANCIAL REGULATION FUND ........$2,992,000
29     LOBBYIST REGISTRATION ADMINISTRATION FUND ..........$327,000
30     DIVISION OF CORPORATIONS REGISTERED
31 LIMITED LIABILITY PARTNERSHIP FUND ............$356,000
32     WORKING CAPITAL REVOLVING FUND
33 (30 ILCS 105/6)...................................$10,000,000
34     MOTOR VEHICLE REVIEW BOARD FUND ...................$673,000

 

 

09300HB7181sam002 - 5 - LRB093 16374 RCE 51758 a

1     ILLINOIS AGRICULTURAL LOAN GUARANTEE FUND .........$3,000,000
2     All of these transfers shall be made on July 1, 2004, or as
3 soon thereafter as practical. These transfers shall be made
4 notwithstanding any other provision of State law to the
5 contrary.
6     (b) On and after July 1, 2004 through June 30, 2005, when
7 any of the funds listed in subsection (a) have insufficient
8 cash from which the State Comptroller may make expenditures
9 properly supported by appropriations from the fund, then the
10 State Treasurer and State Comptroller shall transfer from the
11 General Revenue Fund to the fund only such amount as is
12 immediately necessary to satisfy outstanding expenditure
13 obligations on a timely basis, subject to the provisions of the
14 State Prompt Payment Act. Any amounts transferred from the
15 General Revenue Fund to a fund pursuant to this subsection (b)
16 from time to time shall be re-transferred by the State
17 Comptroller and the State Treasurer from the receiving fund
18 into the General Revenue Fund as soon as and to the extent that
19 deposits are made into or receipts are collected by the
20 receiving fund. In all events, the full amounts of all
21 transfers from the General Revenue Fund to receiving funds
22 shall be re-transferred to the General Revenue Fund no later
23 than June 30, 2005.
24     (c) The sum of $25,277,000 shall be transferred from the
25 Unclaimed Property Trust Fund (765 ILCS 1028/18) to the State
26 Pensions Fund on July 1, 2004, or as soon thereafter as
27 practical.
28     The sum of $92,370,000 shall be transferred, pursuant to
29 appropriation, from the State Pensions Fund to the designated
30 retirement systems (as defined in Section 8.12 of the State
31 Finance Act) on July 1, 2004, or as soon thereafter as
32 practical. This transfer is intended to be all or part of the
33 transfer required under Section 8.12 of the State Finance Act
34 for fiscal year 2005.

 

 

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1     (d) The sum of $49,775,000 shall be transferred from the
2 School Technology Revolving Loan Fund to the Common School Fund
3 on July 1, 2004, or as soon thereafter as practical,
4 notwithstanding any other provision of State law to the
5 contrary.
 
6     Section 10. The Illinois Low-Level Radioactive Waste
7 Management Act is amended by changing Section 13 as follows:
 
8     (420 ILCS 20/13)  (from Ch. 111 1/2, par. 241-13)
9     Sec. 13. Waste fees.
10     (a) The Department shall collect a fee from each generator
11 of low-level radioactive wastes in this State. Except as
12 provided in subsections (b), (c), and (d), the amount of the
13 fee shall be $50.00 or the following amount, whichever is
14 greater:
15         (1) $1 per cubic foot of waste shipped for storage,
16     treatment or disposal if storage of the waste for shipment
17     occurred prior to September 7, 1984;
18         (2) $2 per cubic foot of waste stored for shipment if
19     storage of the waste occurs on or after September 7, 1984,
20     but prior to October 1, 1985;
21         (3) $3 per cubic foot of waste stored for shipment if
22     storage of the waste occurs on or after October 1, 1985;
23         (4) $2 per cubic foot of waste shipped for storage,
24     treatment or disposal if storage of the waste for shipment
25     occurs on or after September 7, 1984 but prior to October
26     1, 1985, provided that no fee has been collected previously
27     for storage of the waste;
28         (5) $3 per cubic foot of waste shipped for storage,
29     treatment or disposal if storage of the waste for shipment
30     occurs on or after October 1, 1985, provided that no fees
31     have been collected previously for storage of the waste.
32     Such fees shall be collected annually or as determined by

 

 

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1 the Department and shall be deposited in the low-level
2 radioactive waste funds as provided in Section 14 of this Act.
3 Notwithstanding any other provision of this Act, no fee under
4 this Section shall be collected from a generator for waste
5 generated incident to manufacturing before December 31, 1980,
6 and shipped for disposal outside of this State before December
7 31, 1992, as part of a site reclamation leading to license
8 termination.
9     (b) Each nuclear power reactor in this State for which an
10 operating license has been issued by the Nuclear Regulatory
11 Commission shall not be subject to the fee required by
12 subsection (a) with respect to (1) waste stored for shipment if
13 storage of the waste occurs on or after January 1, 1986; and
14 (2) waste shipped for storage, treatment or disposal if storage
15 of the waste for shipment occurs on or after January 1, 1986.
16 In lieu of the fee, each reactor shall be required to pay an
17 annual fee as provided in this subsection for the treatment,
18 storage and disposal of low-level radioactive waste. Beginning
19 with State fiscal year 1986 and through State fiscal year 1997,
20 fees shall be due and payable on January 1st of each year. For
21 State fiscal year 1998 and all subsequent State fiscal years,
22 fees shall be due and payable on July 1 of each fiscal year.
23 The fee due on July 1, 1997 shall be payable on that date, or
24 within 10 days after the effective date of this amendatory Act
25 of 1997, whichever is later.
26     The owner of any nuclear power reactor that has an
27 operating license issued by the Nuclear Regulatory Commission
28 for any portion of State fiscal year 1998 shall continue to pay
29 an annual fee of $90,000 for the treatment, storage, and
30 disposal of low-level radioactive waste through State fiscal
31 year 2002. The fee shall be due and payable on July 1 of each
32 fiscal year. The fee due on July 1, 1998 shall be payable on
33 that date, or within 10 days after the effective date of this
34 amendatory Act of 1998, whichever is later. If the balance in

 

 

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1 the Low-Level Radioactive Waste Facility Development and
2 Operation Fund falls below $500,000, as of the end of any
3 fiscal year after fiscal year 2002, the Department is
4 authorized to assess by rule, after notice and a hearing, an
5 additional annual fee to be paid by the owners of nuclear power
6 reactors for which operating licenses have been issued by the
7 Nuclear Regulatory Commission. The additional annual fee shall
8 be payable on the date or dates specified by rule and shall not
9 exceed $30,000 per operating reactor per year.
10     (c) In each of State fiscal years 1988, 1989 and 1990, in
11 addition to the fee imposed in subsections (b) and (d), the
12 owner of each nuclear power reactor in this State for which an
13 operating license has been issued by the Nuclear Regulatory
14 Commission shall pay a fee of $408,000. If an operating license
15 is issued during one of those 3 fiscal years, the owner shall
16 pay a prorated amount of the fee equal to $1,117.80 multiplied
17 by the number of days in the fiscal year during which the
18 nuclear power reactor was licensed.
19     The fee shall be due and payable as follows: in fiscal year
20 1988, $204,000 shall be paid on October 1, 1987 and $102,000
21 shall be paid on each of January 1, 1988 and April 1, 1988; in
22 fiscal year 1989, $102,000 shall be paid on each of July 1,
23 1988, October 1, 1988, January 1, 1989 and April 1, 1989; and
24 in fiscal year 1990, $102,000 shall be paid on each of July 1,
25 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If
26 the operating license is issued during one of the 3 fiscal
27 years, the owner shall be subject to those payment dates, and
28 their corresponding amounts, on which the owner possesses an
29 operating license and, on June 30 of the fiscal year of
30 issuance of the license, whatever amount of the prorated fee
31 remains outstanding.
32     All of the amounts collected by the Department under this
33 subsection (c) shall be deposited into the Low-Level
34 Radioactive Waste Facility Development and Operation Fund

 

 

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1 created under subsection (a) of Section 14 of this Act and
2 expended, subject to appropriation, for the purposes provided
3 in that subsection.
4     (d) In addition to the fees imposed in subsections (b) and
5 (c), the owners of nuclear power reactors in this State for
6 which operating licenses have been issued by the Nuclear
7 Regulatory Commission shall pay the following fees for each
8 such nuclear power reactor: for State fiscal year 1989,
9 $325,000 payable on October 1, 1988, $162,500 payable on
10 January 1, 1989, and $162,500 payable on April 1, 1989; for
11 State fiscal year 1990, $162,500 payable on July 1, $300,000
12 payable on October 1, $300,000 payable on January 1 and
13 $300,000 payable on April 1; for State fiscal year 1991, either
14 (1) $150,000 payable on July 1, $650,000 payable on September
15 1, $675,000 payable on January 1, and $275,000 payable on April
16 1, or (2) $150,000 on July 1, $130,000 on the first day of each
17 month from August through December, $225,000 on the first day
18 of each month from January through March and $92,000 on the
19 first day of each month from April through June; for State
20 fiscal year 1992, $260,000 payable on July 1, $900,000 payable
21 on September 1, $300,000 payable on October 1, $150,000 payable
22 on January 1, and $100,000 payable on April 1; for State fiscal
23 year 1993, $100,000 payable on July 1, $230,000 payable on
24 August 1 or within 10 days after July 31, 1992, whichever is
25 later, and $355,000 payable on October 1; for State fiscal year
26 1994, $100,000 payable on July 1, $75,000 payable on October 1
27 and $75,000 payable on April 1; for State fiscal year 1995,
28 $100,000 payable on July 1, $75,000 payable on October 1, and
29 $75,000 payable on April 1, for State fiscal year 1996,
30 $100,000 payable on July 1, $75,000 payable on October 1, and
31 $75,000 payable on April 1. The owner of any nuclear power
32 reactor that has an operating license issued by the Nuclear
33 Regulatory Commission for any portion of State fiscal year 1998
34 shall pay an annual fee of $30,000 through State fiscal year

 

 

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1 2003. For State fiscal year 2004 and subsequent fiscal years,
2 the owner of any nuclear power reactor that has an operating
3 license issued by the Nuclear Regulatory Commission shall pay
4 an annual fee of $30,000 per reactor, provided that the fee
5 shall not apply to a nuclear power reactor with regard to which
6 the owner notified the Nuclear Regulatory Commission during
7 State fiscal year 1998 that the nuclear power reactor
8 permanently ceased operations. The fee shall be due and payable
9 on July 1 of each fiscal year. The fee due on July 1, 1998 shall
10 be payable on that date, or within 10 days after the effective
11 date of this amendatory Act of 1998, whichever is later. The
12 fee due on July 1, 1997 shall be payable on that date or within
13 10 days after the effective date of this amendatory Act of
14 1997, whichever is later. If the payments under this subsection
15 for fiscal year 1993 due on January 1, 1993, or on April 1,
16 1993, or both, were due before the effective date of this
17 amendatory Act of the 87th General Assembly, then those
18 payments are waived and need not be made.
19     All of the amounts collected by the Department under this
20 subsection (d) shall be deposited into the Low-Level
21 Radioactive Waste Facility Development and Operation Fund
22 created pursuant to subsection (a) of Section 14 of this Act
23 and expended, subject to appropriation, for the purposes
24 provided in that subsection.
25     All payments made by licensees under this subsection (d)
26 for fiscal year 1992 that are not appropriated and obligated by
27 the Department above $1,750,000 per reactor in fiscal year
28 1992, shall be credited to the licensees making the payments to
29 reduce the per reactor fees required under this subsection (d)
30 for fiscal year 1993.
31     (e) The Department shall promulgate rules and regulations
32 establishing standards for the collection of the fees
33 authorized by this Section. The regulations shall include, but
34 need not be limited to:

 

 

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1         (1) the records necessary to identify the amounts of
2     low-level radioactive wastes produced;
3         (2) the form and submission of reports to accompany the
4     payment of fees to the Department; and
5         (3) the time and manner of payment of fees to the
6     Department, which payments shall not be more frequent than
7     quarterly.
8     (f) Any operating agreement entered into under subsection
9 (b) of Section 5 of this Act between the Department and any
10 disposal facility contractor shall, subject to the provisions
11 of this Act, authorize the contractor to impose upon and
12 collect from persons using the disposal facility fees designed
13 and set at levels reasonably calculated to produce sufficient
14 revenues (1) to pay all costs and expenses properly incurred or
15 accrued in connection with, and properly allocated to,
16 performance of the contractor's obligations under the
17 operating agreement, and (2) to provide reasonable and
18 appropriate compensation or profit to the contractor under the
19 operating agreement. For purposes of this subsection (f), the
20 term "costs and expenses" may include, without limitation, (i)
21 direct and indirect costs and expenses for labor, services,
22 equipment, materials, insurance and other risk management
23 costs, interest and other financing charges, and taxes or fees
24 in lieu of taxes; (ii) payments to or required by the United
25 States, the State of Illinois or any agency or department
26 thereof, the Central Midwest Interstate Low-Level Radioactive
27 Waste Compact, and subject to the provisions of this Act, any
28 unit of local government; (iii) amortization of capitalized
29 costs with respect to the disposal facility and its
30 development, including any capitalized reserves; and (iv)
31 payments with respect to reserves, accounts, escrows or trust
32 funds required by law or otherwise provided for under the
33 operating agreement.
34     (g) (Blank).

 

 

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1     (h) (Blank).
2     (i) (Blank).
3     (j) (Blank).
4     (j-5) Prior to commencement of facility operations, the
5 Department shall adopt rules providing for the establishment
6 and collection of fees and charges with respect to the use of
7 the disposal facility as provided in subsection (f) of this
8 Section.
9     (k) The regional disposal facility shall be subject to ad
10 valorem real estate taxes lawfully imposed by units of local
11 government and school districts with jurisdiction over the
12 facility. No other local government tax, surtax, fee or other
13 charge on activities at the regional disposal facility shall be
14 allowed except as authorized by the Department.
15     (l) The Department shall have the power, in the event that
16 acceptance of waste for disposal at the regional disposal
17 facility is suspended, delayed or interrupted, to impose
18 emergency fees on the generators of low-level radioactive
19 waste. Generators shall pay emergency fees within 30 days of
20 receipt of notice of the emergency fees. The Department shall
21 deposit all of the receipts of any fees collected under this
22 subsection into the Low-Level Radioactive Waste Facility
23 Development and Operation Fund created under subsection (b) of
24 Section 14. Emergency fees may be used to mitigate the impacts
25 of the suspension or interruption of acceptance of waste for
26 disposal. The requirements for rulemaking in the Illinois
27 Administrative Procedure Act shall not apply to the imposition
28 of emergency fees under this subsection.
29     (m) The Department shall promulgate any other rules and
30 regulations as may be necessary to implement this Section.
31 (Source: P.A. 92-276, eff. 8-7-01.)
 
32     Section 99. Effective date. This Act takes effect July 1,
33 2004.".