HB3128eng 99TH GENERAL ASSEMBLY

HB3128 Engrossed LRB099 10345 SXM 30572 b

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 3. The Illinois Administrative Procedure Act is amended by changing Sections 1-20 and 1-70 as follows:

(5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)

Sec. 1-20. "Agency" means each officer, board, commission, and agency created by the Constitution, whether in the executive, legislative, or judicial branch of State government, but other than the circuit court; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor. "Agency", however, does not include the following:

(1) The House of Representatives and Senate and their respective standing and service committees, including without limitation the Board of the Office of the Architect of the Capitol and the Architect of the Capitol established under the Legislative Commission Reorganization Act of 1984.

(2) The Governor, except with respect to intergovernmental agreements.

(3) The justices and judges of the Supreme and Appellate Courts.

(4) The Legislative Ethics Commission.

(Source: P.A. 95-331, eff. 8-21-07.)

(5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)

Sec. 1-70. "Rule" means each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency, (ii) informal advisory rulings issued under Section 5-150, (iii) intra-agency memoranda, (iv) the prescription of standardized forms, (v) documents prepared or filed or actions taken by the Legislative Reference Bureau under Section 5.04 of the Legislative Reference Bureau Act, or (vi) guidance documents prepared by the Illinois Environmental Protection Agency under Section 39.5 or subsection (s) of Section 39 of the Environmental Protection Act. "Rule" also includes the exclusive means by which a State agency may enter into or implement an intergovernmental agreement as provided in Section 3 of the Intergovernmental Cooperation Act.

(Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)

Section 5. The Intergovernmental Cooperation Act is amended by changing Section 3 as follows:

(5 ILCS 220/3) (from Ch. 127, par. 743)

Sec. 3. Intergovernmental cooperation.

(a) Any power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States do not prohibit joint exercise or enjoyment and except where specifically and expressly prohibited by law. This includes, but is not limited to, (i) arrangements between the Illinois Student Assistance Commission and agencies in other states which issue professional licenses and (ii) agreements between the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) and public agencies for the establishment and enforcement of child support orders and for the exchange of information that may be necessary for the enforcement of those child support orders.

(b) The exclusive means by which a State agency, as defined in Section 1-20 of the Illinois Administrative Procedure Act, may enter into or implement an intergovernmental agreement with another State agency by the prior adoption of rules in accordance with the Illinois Administrative Procedure Act. Two or more State agencies that wish to participate in the same intergovernmental agreement may do so by adopting joint rules in accordance with the Illinois Administrative Procedure Act. The rules must include, at a minimum, the actual terms and conditions of the specific intergovernmental agreement that is contemplated by the State agency or agencies.

Within 6 months after the effective date of this amendatory Act of the 99th General Assembly, each State agency must file, with the Legislative Audit Commission, a copy of each intergovernmental agreement entered into by that agency, or any of its predecessor agencies, with another State agency prior to the effective date of this amendatory Act of the 99th General Assembly that was not fully performed by all parties before that effective date.

(c) Notwithstanding any other provision of law, no State agency, as defined in Section 1-20 of the Illinois Administrative Procedure Act, may enter into an intergovernmental agreement with another State agency that authorizes sharing of appropriation line items unless that agreement is approved by a joint resolution of the General Assembly.

(Source: P.A. 95-331, eff. 8-21-07.)

Section 10. The State Finance Act is amended by adding Section 5.866 as follows:

(30 ILCS 105/5.866 new)

Sec. 5.866. The Coal Mining Land Conservation and Reclamation Fund.

Section 15. The Illinois Coal Technology Development Assistance Act is amended by changing Sections 3 and 7 as follows:

(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)

Sec. 3. Transfers to and from the Coal Technology Development Assistance Fund Funds.

(a) As soon as may be practicable after the first day of each month, the Department of Revenue shall certify to the Treasurer an amount equal to 1/64 of the revenue realized from the tax imposed by the Electricity Excise Tax Law, Section 2 of the Public Utilities Revenue Act, Section 2 of the Messages Tax Act, and Section 2 of the Gas Revenue Tax Act, during the preceding month. Upon receipt of the certification, the Treasurer shall transfer the amount shown on such certification from the General Revenue Fund to the Coal Technology Development Assistance Fund, which is hereby created as a special fund in the State treasury, except that no transfer shall be made in any month in which the Fund has reached the following balance:

(1) $7,000,000 during fiscal year 1994.

(2) $8,500,000 during fiscal year 1995.

(3) $10,000,000 during fiscal years 1996 and 1997.

(4) During fiscal year 1998 through fiscal year 2004, an amount equal to the sum of $10,000,000 plus additional moneys deposited into the Coal Technology Development Assistance Fund from the Renewable Energy Resources and Coal Technology Development Assistance Charge under Section 6.5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.

(5) During fiscal year 2005, an amount equal to the sum of $7,000,000 plus additional moneys deposited into the Coal Technology Development Assistance Fund from the Renewable Energy Resources and Coal Technology Development Assistance Charge under Section 6.5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.

(6) During fiscal year 2006 and each fiscal year thereafter, an amount equal to the sum of $10,000,000 plus additional moneys deposited into the Coal Technology Development Assistance Fund from the Renewable Energy Resources and Coal Technology Development Assistance Charge under Section 6.5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.

(b) During fiscal year 2016 and each fiscal year thereafter, an amount of $333,333.33 shall be transferred from the Coal Technology Development Assistance Fund to the Coal Mining Land Conservation and Reclamation Fund on the first day of each month.

(Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)

(30 ILCS 730/7 new)

Sec. 7. Coal Mining Land Conservation and Reclamation Fund. The Coal Mining Land Conservation and Reclamation Fund is hereby created. The Department of Natural Resources shall use all monies from the Coal Mining Land Conservation and Reclamation Fund to administer the Department's responsibilities under the Surface Coal Mining Land Conservation and Reclamation Act. Monies may be used as necessary for additional personal costs associated with administration of the Act. Notwithstanding any other law to the contrary, the Coal Mining Land Conservation and Reclamation Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Coal Mining Land Conservation and Reclamation Fund into any other fund of the State.

Section 99. Effective date. This Act takes effect upon becoming law.