Sen. Rickey R. Hendon
Filed: 5/27/2004
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1 | AMENDMENT TO HOUSE BILL 7181
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2 | AMENDMENT NO. ______. Amend House Bill 7181, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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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:
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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,
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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 |
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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.
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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.
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6 | Section 10. The Illinois Low-Level Radioactive Waste | ||||||
7 | Management Act is amended by changing Section 13 as follows:
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8 | (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
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9 | Sec. 13. Waste fees.
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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:
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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;
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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;
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21 | (3) $3 per cubic foot of waste stored for shipment if | ||||||
22 | storage of the
waste occurs on or after October 1, 1985;
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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;
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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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).
|
| |||||||
| |||||||
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.".
|