Illinois General Assembly - Full Text of HB3128
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Full Text of HB3128  99th General Assembly




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1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 3. The Illinois Administrative Procedure Act is
5amended by changing Sections 1-20 and 1-70 as follows:
6    (5 ILCS 100/1-20)  (from Ch. 127, par. 1001-20)
7    Sec. 1-20. "Agency" means each officer, board, commission,
8and agency created by the Constitution, whether in the
9executive, legislative, or judicial branch of State
10government, but other than the circuit court; each officer,
11department, board, commission, agency, institution, authority,
12university, and body politic and corporate of the State; each
13administrative unit or corporate outgrowth of the State
14government that is created by or pursuant to statute, other
15than units of local government and their officers, school
16districts, and boards of election commissioners; and each
17administrative unit or corporate outgrowth of the above and as
18may be created by executive order of the Governor. "Agency",
19however, does not include the following:
20        (1) The House of Representatives and Senate and their
21    respective standing and service committees, including
22    without limitation the Board of the Office of the Architect
23    of the Capitol and the Architect of the Capitol established



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1    under the Legislative Commission Reorganization Act of
2    1984.
3        (2) The Governor, except with respect to
4    intergovernmental agreements.
5        (3) The justices and judges of the Supreme and
6    Appellate Courts.
7        (4) The Legislative Ethics Commission.
8(Source: P.A. 95-331, eff. 8-21-07.)
9    (5 ILCS 100/1-70)  (from Ch. 127, par. 1001-70)
10    Sec. 1-70. "Rule" means each agency statement of general
11applicability that implements, applies, interprets, or
12prescribes law or policy, but does not include (i) statements
13concerning only the internal management of an agency and not
14affecting private rights or procedures available to persons or
15entities outside the agency, (ii) informal advisory rulings
16issued under Section 5-150, (iii) intra-agency memoranda, (iv)
17the prescription of standardized forms, (v) documents prepared
18or filed or actions taken by the Legislative Reference Bureau
19under Section 5.04 of the Legislative Reference Bureau Act, or
20(vi) guidance documents prepared by the Illinois Environmental
21Protection Agency under Section 39.5 or subsection (s) of
22Section 39 of the Environmental Protection Act. "Rule" also
23includes the exclusive means by which a State agency may enter
24into or implement an intergovernmental agreement as provided in
25Section 3 of the Intergovernmental Cooperation Act.



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1(Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)
2    Section 5. The Intergovernmental Cooperation Act is
3amended by changing Section 3 as follows:
4    (5 ILCS 220/3)  (from Ch. 127, par. 743)
5    Sec. 3. Intergovernmental cooperation.
6    (a) Any power or powers, privileges, functions, or
7authority exercised or which may be exercised by a public
8agency of this State may be exercised, combined, transferred,
9and enjoyed jointly with any other public agency of this State
10and jointly with any public agency of any other state or of the
11United States to the extent that laws of such other state or of
12the United States do not prohibit joint exercise or enjoyment
13and except where specifically and expressly prohibited by law.
14This includes, but is not limited to, (i) arrangements between
15the Illinois Student Assistance Commission and agencies in
16other states which issue professional licenses and (ii)
17agreements between the Department of Healthcare and Family
18Services (formerly Illinois Department of Public Aid) and
19public agencies for the establishment and enforcement of child
20support orders and for the exchange of information that may be
21necessary for the enforcement of those child support orders.
22    (b) The exclusive means by which a State agency, as defined
23in Section 1-20 of the Illinois Administrative Procedure Act,
24may enter into or implement an intergovernmental agreement with



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1another State agency by the prior adoption of rules in
2accordance with the Illinois Administrative Procedure Act. Two
3or more State agencies that wish to participate in the same
4intergovernmental agreement may do so by adopting joint rules
5in accordance with the Illinois Administrative Procedure Act.
6The rules must include, at a minimum, the actual terms and
7conditions of the specific intergovernmental agreement that is
8contemplated by the State agency or agencies.
9    Within 6 months after the effective date of this amendatory
10Act of the 99th General Assembly, each State agency must file,
11with the Legislative Audit Commission, a copy of each
12intergovernmental agreement entered into by that agency, or any
13of its predecessor agencies, with another State agency prior to
14the effective date of this amendatory Act of the 99th General
15Assembly that was not fully performed by all parties before
16that effective date.
17    (c) Notwithstanding any other provision of law, no State
18agency, as defined in Section 1-20 of the Illinois
19Administrative Procedure Act, may enter into an
20intergovernmental agreement with another State agency that
21authorizes sharing of appropriation line items unless that
22agreement is approved by a joint resolution of the General
24(Source: P.A. 95-331, eff. 8-21-07.)
25    Section 10. The State Finance Act is amended by adding



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1Section 5.866 as follows:
2    (30 ILCS 105/5.866 new)
3    Sec. 5.866. The Coal Mining Land Conservation and
4Reclamation Fund.
5    Section 15. The Illinois Coal Technology Development
6Assistance Act is amended by changing Sections 3 and 7 as
8    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
9    Sec. 3. Transfers to and from the Coal Technology
10Development Assistance Fund Funds.
11    (a) As soon as may be practicable after the first day of
12each month, the Department of Revenue shall certify to the
13Treasurer an amount equal to 1/64 of the revenue realized from
14the tax imposed by the Electricity Excise Tax Law, Section 2 of
15the Public Utilities Revenue Act, Section 2 of the Messages Tax
16Act, and Section 2 of the Gas Revenue Tax Act, during the
17preceding month. Upon receipt of the certification, the
18Treasurer shall transfer the amount shown on such certification
19from the General Revenue Fund to the Coal Technology
20Development Assistance Fund, which is hereby created as a
21special fund in the State treasury, except that no transfer
22shall be made in any month in which the Fund has reached the
23following balance:



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1        (1) $7,000,000 during fiscal year 1994.
2        (2) $8,500,000 during fiscal year 1995.
3        (3) $10,000,000 during fiscal years 1996 and 1997.
4        (4) During fiscal year 1998 through fiscal year 2004,
5    an amount equal to the sum of $10,000,000 plus additional
6    moneys deposited into the Coal Technology Development
7    Assistance Fund from the Renewable Energy Resources and
8    Coal Technology Development Assistance Charge under
9    Section 6.5 of the Renewable Energy, Energy Efficiency, and
10    Coal Resources Development Law of 1997.
11        (5) During fiscal year 2005, an amount equal to the sum
12    of $7,000,000 plus additional moneys deposited into the
13    Coal Technology Development Assistance Fund from the
14    Renewable Energy Resources and Coal Technology Development
15    Assistance Charge under Section 6.5 of the Renewable
16    Energy, Energy Efficiency, and Coal Resources Development
17    Law of 1997.
18        (6) During fiscal year 2006 and each fiscal year
19    thereafter, an amount equal to the sum of $10,000,000 plus
20    additional moneys deposited into the Coal Technology
21    Development Assistance Fund from the Renewable Energy
22    Resources and Coal Technology Development Assistance
23    Charge under Section 6.5 of the Renewable Energy, Energy
24    Efficiency, and Coal Resources Development Law of 1997.
25    (b) During fiscal year 2016 and each fiscal year
26thereafter, an amount of $333,333.33 shall be transferred from



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1the Coal Technology Development Assistance Fund to the Coal
2Mining Land Conservation and Reclamation Fund on the first day
3of each month.
4(Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)
5    (30 ILCS 730/7 new)
6    Sec. 7. Coal Mining Land Conservation and Reclamation Fund.
7The Coal Mining Land Conservation and Reclamation Fund is
8hereby created. The Department of Natural Resources shall use
9all monies from the Coal Mining Land Conservation and
10Reclamation Fund to administer the Department's
11responsibilities under the Surface Coal Mining Land
12Conservation and Reclamation Act. Monies may be used as
13necessary for additional personal costs associated with
14administration of the Act. Notwithstanding any other law to the
15contrary, the Coal Mining Land Conservation and Reclamation
16Fund is not subject to sweeps, administrative charge-backs, or
17any other fiscal or budgetary maneuver that would in any way
18transfer any amounts from the Coal Mining Land Conservation and
19Reclamation Fund into any other fund of the State.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.