SB3078 94TH GENERAL ASSEMBLY

SRS094 00019 SDF 30019 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3078

Introduced 1/20/2006, by Sen. Cheryl Axley - Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

35 ILCS 200/31-35
525 ILCS 35/13	from Ch. 85, par. 2113
525 ILCS 35/14	from Ch. 85, par. 2114

Amends the Real Estate Transfer Tax Law of the Property Tax Code. Notwithstanding any other law, whether enacted before, on, or after the effective date of this amendatory Act of the 94th General Assembly, (i) the deposit of 35% of the moneys collected under the real estate transfer tax into the Open Space Lands Acquisition and Development Fund and the deposit of 15% of those moneys into the Natural Areas Acquisition Fund is mandatory and without exception, (ii) the moneys deposited into the Open Space Lands Acquisition and Development Fund and into the Natural Areas Acquisition Fund shall not be transferred or otherwise moved from those funds to any other fund or account for any purpose whatsoever other than the purposes of the Open Space Lands Acquisition and Development Act, and (iii) to the extent that any of these provisions is ever violated or thwarted by any other device, the State Treasurer is ordered to immediately transfer from the General Revenue Fund to the Open Space Lands Acquisition and Development Fund and the Natural Areas Acquisition Fund the amount of any deficiency caused thereby. Amends the Open Space Lands Acquisition and Development Act. Provides for an irrevocable and continuing appropriation in fiscal year 2006 and each fiscal year thereafter of all moneys in the Open Space Lands Acquisition and Development Fund and in the Natural Areas Acquisition Fund to the Department of Natural Resources for use under the Act. Provides that all moneys appropriated from the Open Space Lands Acquisition and Development Fund and from the Natural Areas Acquisition Fund must be expended, during the fiscal year and any appropriate lapse period, for the purposes of this Act and are not subject to any reserve, withholding, set-aside, or other device. Effective immediately.

A BILL FOR

AN ACT concerning taxes.

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

Section 5. The Property Tax Code is amended by changing Section 31-35 as follows:

(35 ILCS 200/31-35)

Sec. 31-35. Deposit of tax revenue.

(a) Beginning on the effective date of this amendatory Act of the 92nd General Assembly and through June 30, 2003, of the moneys collected under Section 31-15, 50% shall be deposited into the Illinois Affordable Housing Trust Fund, 20% into the Open Space Lands Acquisition and Development Fund, 5% into the Natural Areas Acquisition Fund, and 25% into the General Revenue Fund.

(b) Beginning July 1, 2003, of the moneys collected under Section 31-15, 50% shall be deposited into the Illinois Affordable Housing Trust Fund, 35% into the Open Space Lands Acquisition and Development Fund, and 15% into the Natural Areas Acquisition Fund.

(c) Notwithstanding any other law, whether enacted before, on, or after the effective date of this amendatory Act of the 94th General Assembly, (i) the deposit of 35% of the moneys collected under Section 31-35 into the Open Space Lands Acquisition and Development Fund is mandatory and without exception, (ii) the moneys deposited into the Open Space Lands Acquisition and Development Fund shall not be transferred or otherwise moved from that Fund to any other fund or account for any purpose whatsoever other than the purposes of the Open Space Lands Acquisition and Development Act, and (iii) to the extent that item (i) or (ii) is ever violated or the provisions of this subsection are ever thwarted by any other device, the State Treasurer is ordered to immediately transfer from the General Revenue Fund to the Open Space Lands Acquisition and Development Fund the amount of any deficiency caused thereby.

(d) Notwithstanding any other law, whether enacted before, on, or after the effective date of this amendatory Act of the 94th General Assembly, (i) the deposit of 15% of the moneys collected under Section 31-35 into the Natural Areas Acquisition Fund is mandatory and without exception, (ii) the moneys deposited into the Natural Areas Acquisition Fund shall not be transferred or otherwise moved from that Fund to any other fund or account for any purpose whatsoever other than the purposes set forth in Section 14 of the Open Space Lands Acquisition and Development Act, and (iii) to the extent that item (i) or (ii) is ever violated or the provisions of this subsection are ever thwarted by any other device, the State Treasurer is ordered to immediately transfer from the General Revenue Fund to the Natural Areas Acquisition Fund the amount of any deficiency caused thereby.

(Source: P.A. 91-555, eff. 1-1-00; 92-536, eff. 6-6-02; 92-874, eff. 7-1-03.)

Section 10. The Open Space Lands Acquisition and Development Act is amended by changing Sections 13 and 14 as follows:

(525 ILCS 35/13) (from Ch. 85, par. 2113)

Sec. 13. Open Space Lands Acquisition and Development Fund.

(a) There is hereby created in the State Treasury the Open Space Lands Acquisition and Development Fund. The fund shall be used by the Department to make grants to local governments in the manner and for the purposes described in Section 3.

(b) This Section constitutes an irrevocable and continuing appropriation in fiscal year 2006 and each fiscal year thereafter of all moneys in the Open Space Lands Acquisition and Development Fund to the Department for use under subsection (a).

(c) All moneys appropriated from the Open Space Lands Acquisition and Development Fund must be expended, during the fiscal year and any appropriate lapse period, for the purposes of this Act and are not subject to any reserve, withholding, set-aside, or other device that would thwart the provisions of this Section.

(Source: P.A. 86-925.)

(525 ILCS 35/14) (from Ch. 85, par. 2114)

Sec. 14. The Natural Areas Acquisition Fund.

(a) There is hereby created in the State Treasury the Natural Areas Acquisition Fund. The fund shall be used by the Department for the acquisition, preservation and stewardship of natural areas, including habitats for endangered and threatened species, high quality natural communities, wetlands, and other areas with unique or unusual natural heritage qualities.

(b) This Section constitutes an irrevocable and continuing appropriation in fiscal year 2006 and each fiscal year thereafter of all moneys in the Natural Areas Acquisition Fund to the Department for use under subsection (a).

(c) All moneys appropriated from the Natural Areas Acquisition Fund must be expended, during the fiscal year and any appropriate lapse period, for the purposes of this Act and are not subject to any reserve, withholding, set-aside, or other device that would thwart the provisions of this Section.

(Source: P.A. 86-925.)

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