SB0040ham004 97TH GENERAL ASSEMBLY

Rep. Frank J. Mautino

Filed: 11/7/2011

09700SB0040ham004 LRB097 05313 AMC 59574 a

AMENDMENT TO SENATE BILL 40

AMENDMENT NO. ______. Amend Senate Bill 40, AS AMENDED, by replacing everything after the enacting clause with the following:

"Article 1.

Section 1-5. The Military Code of Illinois is amended by changing Section 56-1 and by adding Section 56-2 as follows:

(20 ILCS 1805/56-1) (from Ch. 129, par. 220.56-1)

Sec. 56-1. Federal Support Agreement Revolving Fund; payment; use. The Federal Support Agreement Revolving Fund shall be initially financed by an appropriation from the General Revenue Fund to the Federal Support Agreement Revolving Fund. Thereafter, all monies received from the federal government that are necessary for the reimbursement of salaries paid to employees hired in reimbursed positions, for facility operations or other programs as provided under the terms of the Federal Support Agreement between the Department of Military Affairs and the United States Property and Fiscal Officer for Illinois shall be paid into the Federal Support Agreement Revolving Fund. The money in this fund shall be used by the Department of Military Affairs only for those expenses necessary to meet all of the terms and obligations of the Federal Support Agreement, except as otherwise provided in this Section. At the request of the Adjutant General, the State Treasurer and the State Comptroller shall transfer to the Illinois National Guard State Active Duty Fund from the Federal Support Agreement Revolving Fund the reimbursement from the federal government for State Fiscal Year 2011 expenditures from the General Revenue Fund in excess of $2,200,000 for expenses related to the Lincoln's Challenge Program. All moneys expended by the Department of Military Affairs from the Federal Support Agreement Revolving Fund this Fund shall be appropriated by the General Assembly. Furthermore, any moneys that are appropriated to pay for weekly allowances for students in the Lincoln's Challenge Program may be deposited by the Department of Military Affairs into a savings and loan association or State or national bank in this State. Such funds shall be managed by the Department of Military Affairs in the manner provided by the laws of this State, applicable rules and regulations based thereon, and applicable federal requirements governing the use of such funds.

(Source: P.A. 90-72, eff. 7-8-97.)

(20 ILCS 1805/56-2 new)

Sec. 56-2. Illinois National Guard State Active Duty Fund; payment; use. The Illinois National Guard State Active Duty Fund is created and shall be initially financed by a transfer from the Federal Support Agreement Revolving Fund to the Illinois National Guard State Active Duty Fund as provided in Section 56-1 of this Code. Thereafter, all monies received from any government entity that reimburse costs incurred in the performance of State Active Duty shall be paid into the Illinois National Guard State Active Duty Fund. Disbursement from the Fund for purposes as set forth in this Section shall be by voucher ordered by the Adjutant General and paid by a warrant drawn by the State Comptroller and countersigned by the State Treasurer. The Director shall order disbursements from the Illinois National Guard State Active Duty Fund only for payment of expenses necessary to support the Illinois National Guard in the performance of State Active Duty. Monies in this Fund shall not be subject to appropriation by the General Assembly, but shall be subject to audit by the Auditor General.

Article 5. Conveyance to the City of Salem.

Section 5-5. The Adjutant General, on behalf of the State of Illinois and the Department of Military Affairs, is authorized to convey by Quitclaim Deed all right, title, and interest of the State of Illinois and the Department of Military Affairs in and to the real estate described in Section 5-10 to the City of Salem, subject to the conditions and restrictions described in Section 5-15.

Section 5-10. The Adjutant General is authorized to convey the following described real property:

Parcel 1: Lots 6, 7 and 8 in Hull's Subdivision Number 1 of Lots 3 and 4 of Surveyor's Addition Number 4 to the City of Salem, being a part of the Southeast Quarter of the Northwest Quarter of Section 11, Township 2 North, Range 2 East of the Third Principal Meridian, in Marion County, Illinois.

Parcel 2: All that part of Lot 4 in Surveyor's Addition Number 4 to the City of Salem, described as follows: Commencing at the Northwest corner of Lot 8 in Hull's Subdivision Number 1, to the City of Salem, Illinois; thence West 125 feet; thence South 158.7 feet; thence East 125 feet, thence North 158.7 feet to the place of beginning, in Marion County, Illinois, all more particularly described as follows: Beginning at an iron pin set at the Northeast corner of said Lot 8 of Hull's Subdivision Number 1; thence along the extended North line of said Lot 8, on an assumed bearing of South 89 degrees 13 minutes 47 seconds West a distance of 248.84 feet (Deed call 250 feet), to an iron pin set; thence South 0 degree 23 minutes 30 seconds West, a distance of 158.97 feet (Deed call 158.7 feet), to an iron pin found; thence North 89 degrees 10 minutes 21 seconds East, a distance of 249.93 feet (Deed call 250 feet) to an iron pin set, said point being the Southeast corner of aforesaid Lot 6 of Hull's Subdivision Number 1; thence along the East line of Lots 6, 7 and 8 of Hull's Subdivision Number 1, North 0 degree 00 minutes 00 seconds, a distance of 158.70 feet, to the point of beginning. All of the above situated in Marion County, Illinois.

Parcel 3: Lots 175, 176, 177, and 178 in Irwin-Hull replat of a part of Lots 3 and 4, Surveyor's Addition No. 4 to the City of Salem, Marion County, Illinois.

Parcel 4: Lot 4 of Hull's Subdivision No. 1 of Lot 3 and 4 of Surveyor's Addition No. 4 to the City of Salem, Marion County, Illinois.

Parcel 5: Lot 35 in the Irwin-Hull Replat of a part of Lots 3 and 4 of Surveyor's Addition No. 4 to the City of Salem and being a part of the East Half of the Northwest Quarter, Section 11, Township Two North, Range Two East of the Third P.M., Marion County, Illinois.

Parcel 6: Lots 9 and 10 in Hull's Subdivision No. 1 to the City of Salem, Marion County, Illinois.

Parcel 7: Lot 4 in Surveyor's Addition No. 1 to the City of Salem, Marion County, Illinois, more particularly described as follows: Beginning at a point 21.45 feet N. of the N.E. corner of Block 1 in Rogers Addition to said City of Salem, and running thence N. 150 feet, thence W. 50 feet, thence S. 150 feet, and thence E. 50 feet to the place of beginning.

Parcel 8: Lot 5 in Hull's Subdivision No. 1 of Lots 3 and 4 of Surveyor's Addition No. 4 to the City of Salem, Marion County, Illinois.

Section 5-15. The Adjutant General shall not convey the real property described in Section 5-10 to the City of Salem until the Adjutant General determines that the property is no longer required for military purposes. In this regard, construction of the new Readiness Center in Salem must be completed, and all military units with associated equipment must have been transferred from the armory property described in Section 5-10 to the new Readiness Center in Salem. Conveyance of the above real property will be in an "as is" condition, subject to an Historic Preservation Covenant on the armory buildings as approved by the Illinois Historic Preservation Agency, and the City of Salem will pay all required costs and expenses of the conveyance, as determined by the Adjutant General.

Section 5-20. The Adjutant General shall obtain a certified copy of this Act from the Secretary of State within 60 days after its effective date and, upon conveyance of the real estate described in Section 5-10 being made, shall cause the certified copy of this Act to be recorded in the office of the recorder of Marion County, Illinois.

Article 10. Conveyance to the City of Mt. Vernon.

Section 10-5. The Adjutant General, on behalf of the State of Illinois and the Department of Military Affairs, is authorized to convey by Quitclaim Deed all right, title, and interest of the State of Illinois and the Department of Military Affairs in and to the real estate described in Section 10-10 to the City of Mt. Vernon, subject to the conditions and restrictions described in Section 10-15.

Section 10-10. The Adjutant General is authorized to convey the following described real property:

Parcel 1: The North 63.5 feet of Lots 4, 5, 6 and 7 in W. D. Green's Subdivision of Block 12 of Green's First Addition to the City of Mt. Vernon, Illinois, according to the recorded plat thereof in Deed Record 41, page 565, in the Recorder's Office of Jefferson County, Illinois. A part of Lot 1 of W. D. Green's Subdivision of Block 12 in Greene's First Addition to the Town (now City) of Mt. Vernon, Illinois, more particularly described as follows: Beginning at an iron pin set on the South line of said Lot 1, 65.00 feet East (assm.) of the Southwest corner thereof, continuing thence East (assm.) a distance of 353.80 feet to an iron pin set on the West Right of Way line of existing South 7th St., thence North 05 degrees 15 minutes 26 seconds East along said West Right of Way line of 7th St. a distance of 162.05 feet to an iron pin set on the South Right of Way line of existing East Broadway St., thence North 89 degrees 59 minutes 02 seconds West along said South Right of Way line of Broadway a distance of 354.47 feet to an iron pin set South 89 degrees 59 minutes 02 seconds East a distance of 65.00 feet from the Northwest corner of said Lot 1, thence South 05 degrees 01 minutes 07 seconds West parallel to the West line of said Lot 1 a distance of 162.09 feet to the Point of beginning. The above described tract is also known as: A tract of land described as beginning at a point 65 feet East of the Southwest corner of Lot 1 in W. D. Greene's Subdivision of Block 12 in Greene's First Addition to the Town (now City) of Mt. Vernon, Illinois; running thence in a Northerly direction parallel with the West line of said Lot to the South line of Broadway Street; thence in an Easterly direction on the South line of said street, 353 feet to the East line of said Lot; thence in a Southerly direction along the East line of said Lot to the Southeast corner thereof and thence in a Westerly direction 353 feet on the South line of said Lot to the Place of beginning, being part of the East Half of the Southwest Quarter of Section 29, Township 2 South, Range 3 East of the Third Principal Meridian, situated in Jefferson County, Illinois.

Parcel 2: The South Half of all that portion of the vacated 160 foot alley, vacated by the City of Mt. Vernon, Illinois, by Ordinance 2000-44 on July 17, 2000 and recorded on July 31, 2000 as Document No. 200005179, and adjoining the above described lots on the North and more particularly described as follows, to-wit: Beginning at the Northwest corner of Lot 7 herein, thence North 8 feet, thence Easterly along the centerline of said vacated alley to a point lying due North of the Northeast corner of Lot 4 herein, thence South to the said Northeast corner of Lot 4, thence Westerly along the North lines of Lots 4, 5, 6 and 7, herein, to the point of beginning.

Section 10-15. The Adjutant General shall not convey the real property described in Section 10-10 to the City of Mt. Vernon until the Adjutant General determines that the property is no longer required for military purposes. In this regard, construction of the new Readiness Center in Mt. Vernon must be completed, and all military units with associated equipment must have been transferred from the armory property described in Section 10-10 to the new Readiness Center in Mt. Vernon. Conveyance of the above real property will be in an "as is" condition, subject to an Historic Preservation Covenant on the armory buildings as approved by the Illinois Historic Preservation Agency, and the City of Mt. Vernon will pay all required costs and expenses of the conveyance, as determined by the Adjutant General.

Section 10-20. The Adjutant General shall obtain a certified copy of this Act from the Secretary of State within 60 days after its effective date and, upon conveyance of the real estate described in Section 10-10 being made, shall cause the certified copy of this Act to be recorded in the office of the recorder of Jefferson County, Illinois.

Article 15.

(330 ILCS 126/85 rep.)

Section 15-15. The Veterans' Health Insurance Program Act of 2008 is amended by repealing Section 85.

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