Rep. Charles G. Morrow III
Filed: 3/23/2004
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1 | AMENDMENT TO HOUSE BILL 2380
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2 | AMENDMENT NO. ______. Amend House Bill 2380 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by adding | ||||||
5 | Section
5.625 as follows:
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6 | (30 ILCS 105/5.625 new)
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7 | Sec. 5.625. The Universal Service Surcharge Fund.
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8 | Section 10. The Public Utilities Act is amended by adding | ||||||
9 | Sections 8-207.5
and
9-222.4 as follows:
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10 | (220 ILCS 5/8-207.5 new)
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11 | Sec. 8-207.5. Percentage of Income Payment Plan.
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12 | (a) An electric or gas public utility that provides service | ||||||
13 | to consumers in
Illinois
shall participate in the Percentage of | ||||||
14 | Income Payment Plan established under
the Energy
Assistance Act | ||||||
15 | of 1989.
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16 | (b) As a part of the percentage of income payment plan, an | ||||||
17 | electric or gas
public
utility shall establish and implement an | ||||||
18 | arrearage forgiveness program for
consumers
who are | ||||||
19 | participating in the plan. The arrearage forgiveness program | ||||||
20 | shall
provide that
one-twelfth of a participant's arrearage | ||||||
21 | shall be forgiven for every 3 months
of
participation in the | ||||||
22 | plan.
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1 | (c) Notwithstanding any other provision of this Act, an | ||||||
2 | electric or gas
public
utility may not disconnect service to | ||||||
3 | any residential customer who is a
participant in the
Percentage | ||||||
4 | of Income Payment Plan.
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5 | (220 ILCS 5/9-222.4 new)
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6 | Sec. 9-222.4. Universal Service Fund Surcharge.
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7 | (a) The Commission shall establish a surcharge (universal | ||||||
8 | service rider) to
be
imposed by a public utility upon gas and | ||||||
9 | electricity service provided to
consumers in this
State. The | ||||||
10 | amount that may be recovered under the universal service rider | ||||||
11 | for a
given
year shall be limited to the amount by which the | ||||||
12 | cost of gas or electricity
provided to
consumers participating | ||||||
13 | in the Percentage of Income Payment Plan exceeds the
amount
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14 | paid by those consumers for gas or electricity. The amount of | ||||||
15 | the surcharge
shall be
adjusted each year to reflect the actual | ||||||
16 | costs incurred during the previous
year.
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17 | (b) Moneys received under the universal service rider shall | ||||||
18 | be paid to the
Commission and deposited into the Universal | ||||||
19 | Service Surcharge Fund, a special
fund
hereby created in the | ||||||
20 | State Treasury. Subject to appropriation, the moneys in
the
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21 | Universal Service Surcharge Fund shall be used to pay providers | ||||||
22 | of gas or
electricity the
amount by which the cost of gas or | ||||||
23 | electricity provided to consumers
participating in the
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24 | Percentage of Income Payment Plan exceeded the amount paid by | ||||||
25 | those consumers
to the provider for
that
gas or electricity.
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26 | Section 13. The Riverboat Gambling Act is amended by | ||||||
27 | changing Section 13 as follows:
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28 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
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29 | Sec. 13. Wagering tax; rate; distribution.
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30 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
31 | gross
receipts received from gambling games authorized under |
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1 | this Act at the rate of
20%.
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2 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
3 | tax is
imposed on persons engaged in the business of conducting | ||||||
4 | riverboat gambling
operations, based on the adjusted gross | ||||||
5 | receipts received by a licensed owner
from gambling games | ||||||
6 | authorized under this Act at the following rates:
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7 | 15% of annual adjusted gross receipts up to and | ||||||
8 | including $25,000,000;
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9 | 20% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not
exceeding $50,000,000;
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11 | 25% of annual adjusted gross receipts in excess of | ||||||
12 | $50,000,000 but not
exceeding $75,000,000;
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13 | 30% of annual adjusted gross receipts in excess of | ||||||
14 | $75,000,000 but not
exceeding $100,000,000;
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15 | 35% of annual adjusted gross receipts in excess of | ||||||
16 | $100,000,000.
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17 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
18 | is imposed on
persons engaged in the business of conducting | ||||||
19 | riverboat gambling operations,
other than licensed managers | ||||||
20 | conducting riverboat gambling operations on behalf
of the | ||||||
21 | State, based on the adjusted gross receipts received by a | ||||||
22 | licensed
owner from gambling games authorized under this Act at | ||||||
23 | the following rates:
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24 | 15% of annual adjusted gross receipts up to and | ||||||
25 | including $25,000,000;
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26 | 22.5% of annual adjusted gross receipts in excess of | ||||||
27 | $25,000,000 but not
exceeding $50,000,000;
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28 | 27.5% of annual adjusted gross receipts in excess of | ||||||
29 | $50,000,000 but not
exceeding $75,000,000;
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30 | 32.5% of annual adjusted gross receipts in excess of | ||||||
31 | $75,000,000 but not
exceeding $100,000,000;
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32 | 37.5% of annual adjusted gross receipts in excess of | ||||||
33 | $100,000,000 but not
exceeding $150,000,000;
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34 | 45% of annual adjusted gross receipts in excess of |
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1 | $150,000,000 but not
exceeding $200,000,000;
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2 | 50% of annual adjusted gross receipts in excess of | ||||||
3 | $200,000,000.
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4 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
5 | persons engaged
in the business of conducting riverboat | ||||||
6 | gambling operations, other than
licensed managers conducting | ||||||
7 | riverboat gambling operations on behalf of the
State, based on | ||||||
8 | the adjusted gross receipts received by a licensed owner from
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9 | gambling games authorized under this Act at the following | ||||||
10 | rates:
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11 | 15% of annual adjusted gross receipts up to and | ||||||
12 | including $25,000,000;
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13 | 27.5% of annual adjusted gross receipts in excess of | ||||||
14 | $25,000,000 but not
exceeding $37,500,000;
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15 | 32.5% of annual adjusted gross receipts in excess of | ||||||
16 | $37,500,000 but not
exceeding $50,000,000;
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17 | 37.5% of annual adjusted gross receipts in excess of | ||||||
18 | $50,000,000 but not
exceeding $75,000,000;
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19 | 45% of annual adjusted gross receipts in excess of | ||||||
20 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
21 | 50% of annual adjusted gross receipts in excess of | ||||||
22 | $100,000,000 but not
exceeding $250,000,000;
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23 | 70% of annual adjusted gross receipts in excess of | ||||||
24 | $250,000,000.
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25 | An amount equal to the amount of wagering taxes collected | ||||||
26 | under this
subsection (a-3) that are in addition to the amount | ||||||
27 | of wagering taxes that
would have been collected if the | ||||||
28 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
29 | be paid into the Common School Fund.
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30 | The privilege tax imposed under this subsection (a-3) shall | ||||||
31 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
32 | 2005; (ii) the first date
after June 20, 2003
the effective | ||||||
33 | date of this amendatory Act of the
93rd General Assembly that | ||||||
34 | riverboat gambling operations are conducted
pursuant to a |
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1 | dormant license; or (iii) the first day that riverboat gambling
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2 | operations are conducted under the authority of an owners | ||||||
3 | license that is in
addition to the 10 owners licenses initially | ||||||
4 | authorized under this Act.
For the purposes of this subsection | ||||||
5 | (a-3), the term "dormant license"
means an owners license that | ||||||
6 | is authorized by this Act under which no
riverboat gambling | ||||||
7 | operations are being conducted on June 20, 2003
the effective | ||||||
8 | date of this amendatory Act of the 93rd General Assembly .
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9 | (a-4) Beginning on the first day on which the tax imposed | ||||||
10 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
11 | imposed on persons
engaged in the business of conducting | ||||||
12 | riverboat gambling operations, other
than licensed managers | ||||||
13 | conducting riverboat gambling operations on behalf of
the | ||||||
14 | State, based on the adjusted gross receipts received by a | ||||||
15 | licensed owner
from gambling games authorized under this Act at | ||||||
16 | the following rates:
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17 | 15% of annual adjusted gross receipts up to and | ||||||
18 | including $25,000,000;
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19 | 22.5% of annual adjusted gross receipts in excess of | ||||||
20 | $25,000,000 but not
exceeding $50,000,000;
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21 | 27.5% of annual adjusted gross receipts in excess of | ||||||
22 | $50,000,000 but not
exceeding $75,000,000;
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23 | 32.5% of annual adjusted gross receipts in excess of | ||||||
24 | $75,000,000 but not
exceeding $100,000,000;
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25 | 37.5% of annual adjusted gross receipts in excess of | ||||||
26 | $100,000,000 but not
exceeding $150,000,000;
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27 | 45% of annual adjusted gross receipts in excess of | ||||||
28 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
29 | 50% of annual adjusted gross receipts in excess of | ||||||
30 | $200,000,000.
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31 | (a-8) Riverboat gambling operations conducted by a | ||||||
32 | licensed manager on
behalf of the State are not subject to the | ||||||
33 | tax imposed under this Section.
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34 | (a-10) The taxes imposed by this Section shall be paid by |
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1 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
2 | p.m. of the day after the day
when the wagers were made.
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3 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
4 | in the State
Gaming Fund under this Section shall be paid, | ||||||
5 | subject to appropriation by the
General Assembly, to the unit | ||||||
6 | of local government which is designated as the
home dock of the | ||||||
7 | riverboat. Beginning January 1, 1998, from the tax revenue
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8 | deposited in the State Gaming Fund under this Section, an | ||||||
9 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
10 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
11 | the General Assembly, to the unit of local government that
is | ||||||
12 | designated as the home dock of the riverboat. From the tax | ||||||
13 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
14 | riverboat gambling operations
conducted by a licensed manager | ||||||
15 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
16 | receipts generated pursuant to those riverboat gambling
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17 | operations shall be paid monthly,
subject to appropriation by | ||||||
18 | the General Assembly, to the unit of local
government that is | ||||||
19 | designated as the home dock of the riverboat upon which
those | ||||||
20 | riverboat gambling operations are conducted.
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21 | (c) Appropriations, as approved by the General Assembly, | ||||||
22 | may be made
from the State Gaming Fund to the Department of | ||||||
23 | Revenue and the Department
of State Police for the | ||||||
24 | administration and enforcement of this Act, or to the
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25 | Department of Human Services for the administration of programs | ||||||
26 | to treat
problem gambling.
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27 | (c-5) After the payments required under subsections (b) and | ||||||
28 | (c) have been
made, an amount equal to 15% of the adjusted | ||||||
29 | gross receipts of (1) an owners
licensee that relocates | ||||||
30 | pursuant to Section 11.2,
(2) an owners licensee
license | ||||||
31 | conducting riverboat gambling operations
pursuant to an
owners | ||||||
32 | license that is initially issued after June
25, 1999,
or (3) | ||||||
33 | the first
riverboat gambling operations conducted by a licensed | ||||||
34 | manager on behalf of the
State under Section 7.3
7.2 ,
whichever |
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1 | comes first, shall be paid from the State
Gaming Fund into the | ||||||
2 | Horse Racing Equity Fund.
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3 | (c-10) Each year the General Assembly shall appropriate | ||||||
4 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
5 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
6 | Fund pursuant to subsection (c-5) in the
prior calendar year.
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7 | (c-15) After the payments required under subsections (b), | ||||||
8 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
9 | adjusted gross receipts of (1)
an owners licensee that | ||||||
10 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
11 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
12 | license that is initially issued after June 25, 1999,
or (3) | ||||||
13 | the first
riverboat gambling operations conducted by a licensed | ||||||
14 | manager on behalf of the
State under Section 7.3
7.2 ,
whichever | ||||||
15 | comes first, shall be paid, subject to appropriation
from the | ||||||
16 | General Assembly, from the State Gaming Fund to each home rule
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17 | county with a population of over 3,000,000 inhabitants for the | ||||||
18 | purpose of
enhancing the county's criminal justice system.
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19 | (c-20) Each year the General Assembly shall appropriate | ||||||
20 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
21 | an amount equal to the amount
paid to each home rule county | ||||||
22 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
23 | subsection (c-15) in the prior calendar year.
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24 | (c-25) After the payments required under subsections (b), | ||||||
25 | (c), (c-5) , and
(c-15) have been made, an amount equal to 2% of | ||||||
26 | the
adjusted gross receipts of (1) an owners licensee
license | ||||||
27 | that
relocates pursuant to Section 11.2, (2) an
owners
licensee
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28 | license conducting riverboat gambling operations pursuant to
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29 | an
owners license
that is initially issued after June 25, 1999,
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30 | or (3) the first
riverboat gambling operations conducted by a | ||||||
31 | licensed manager on behalf of the
State under Section 7.3
7.2 ,
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32 | whichever
comes first,
shall be paid from the State
Gaming Fund | ||||||
33 | to Chicago State University.
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34 | (c-30) After the payments required under subsections (b), |
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1 | (c), (c-5),
(c-15), and (c-25) have been made, an amount equal | ||||||
2 | to 1% of the
adjusted gross receipts of each riverboat shall be | ||||||
3 | paid from the State
Gaming Fund to the Supplemental Low-Income | ||||||
4 | Energy Assistance Fund.
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5 | (c-35) Each year the General Assembly shall appropriate | ||||||
6 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
7 | an amount equal to the amount
paid into the Supplemental | ||||||
8 | Low-Income Energy Assistance Fund pursuant to subsection | ||||||
9 | (c-30) in the prior calendar year.
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10 | (d) From time to time, the
Board shall transfer the | ||||||
11 | remainder of the funds
generated by this Act into the Education
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12 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
13 | Illinois.
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14 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
15 | government
designated as the home dock of the riverboat from | ||||||
16 | entering into agreements
with other units of local government | ||||||
17 | in this State or in other states to
share its portion of the | ||||||
18 | tax revenue.
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19 | (f) To the extent practicable, the Board shall administer | ||||||
20 | and collect the
wagering taxes imposed by this Section in a | ||||||
21 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
22 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
23 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
24 | Penalty and Interest Act.
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25 | (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | ||||||
26 | eff.
6-20-03; revised 1-28-04.)
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27 | Section 15. The Energy Assistance Act of 1989 is amended by | ||||||
28 | adding Section
4.5
as follows:
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29 | (305 ILCS 20/4.5 new)
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30 | Sec. 4.5. Percentage of Income Payment Plan.
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31 | (a) In addition to the energy assistance program | ||||||
32 | established under Section
4,
the
Department shall institute a |
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1 | Percentage of Income Payment Plan to further
ensure the
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2 | availability of heating and electric service to low income | ||||||
3 | citizens. The
Department shall
implement the plan by rule. The | ||||||
4 | plan shall be consistent with the objectives of
this
Section. | ||||||
5 | The Department shall ensure that the plan is in operation by | ||||||
6 | November
1,
2004,
and may enter into such contracts and other | ||||||
7 | agreements with local agencies as
may be
necessary for the | ||||||
8 | purpose of administering the plan.
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9 | (b) The plan shall be coordinated with the energy | ||||||
10 | assistance program.
Application
for benefits shall be made | ||||||
11 | jointly for both the Percentage of Income Payment
Plan and the
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12 | energy assistance program. An applicant for the Percentage of | ||||||
13 | Income Payment
Plan
must
also apply for the energy assistance | ||||||
14 | program. In determining benefit
distribution under
the energy | ||||||
15 | assistance program and the Percentage of Income Payment Plan, | ||||||
16 | the
Department shall consider utility prices, household size, | ||||||
17 | income, and
geographic
location.
The amounts distributed under | ||||||
18 | the energy assistance program shall not exceed
40% of
energy | ||||||
19 | costs for the lowest income level of eligible households nor | ||||||
20 | 15% of
energy costs
for the highest income level of eligible | ||||||
21 | households.
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22 | (c) In order to be eligible for the Percentage of Income | ||||||
23 | Payment Plan, an
applicant
must have a household income that is | ||||||
24 | at or below 150% of the federal poverty
level. A
resident | ||||||
25 | eligible to participate in the plan shall be required to pay no | ||||||
26 | more
than 6% of his
or her annual income for gas and electric | ||||||
27 | service. A resident whose household
income is
at or below 50% | ||||||
28 | of the federal poverty level shall be required to pay no more
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29 | than 3% of
his or her annual income for gas and electric | ||||||
30 | service. For purposes of this
subsection, a
consumer's annual | ||||||
31 | gas and electric costs shall be determined after deducting
any | ||||||
32 | amounts
the consumer receives under the energy assistance | ||||||
33 | program and all other energy
assistance programs. ".
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