Illinois 99th Regular Session Status: Passed House 1 D cosponsors

HB 3128 — COAL MINING CONSERVATION FUND

Last action — Session Sine Die

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 99th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the State Finance Act. Creates the Coal Mining Conservation and Reclamation Fund as a special fund in the State treasury. Amends the Illinois Coal Technology Development Assistance Act. Provides that the Department of Natural Resources shall use all monies in the Coal Mining Land Conservation and Reclamation Fund to administer the Department's responsibilities. Provides that, notwithstanding any other law to the contrary, the Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would transfer any amounts from the Fund into any other fund of the State. Provides that during fiscal year 2016 and each fiscal year thereafter, an amount of $333,333.33 shall be transferred from the Coal Technology Development Assistance Fund to the Fund. Effective immediately.

Bill Text

What changed in the latest version

171 added · 101 removed

Plain-language change summary

The changes made to Bill HB 3128 include the addition of specific definitions regarding what constitutes an "agency" within the state government. This now clearly outlines various bodies and individuals associated with state governance while explicitly excluding the Governor and legislative bodies from this definition. These adjustments are important because they clarify the scope of the Administrative Procedure Act, ensuring that certain legislative and executive actions are not subject to the same regulatory procedures as state agencies, which could streamline governance and decision-making processes.

→
Previous
Latest
*LRB09910345SXM30572b* HB3128 99TH GENERAL ASSEMBLY State of Illinois and 2016 HB3128 by Rep.
HB3128 Engrossed LRB099 10345 SXM 30572 b AN ACT concerning finance.
Jay Hoffman SYNOPSIS AS INTRODUCED:
ILCS 105/5.866 new ILCS 730/3 from Ch.
96 1/2, par.
8203 ILCS 730/7 new Amends the State Finance Act.
Creates the Coal Mining Conservation and Reclamation Fund as a special fund in the State treasury.
Amends the Illinois Coal Technology Development Assistance Act.
Provides that the Department of Natural Resources shall use all monies in the Coal Mining Land Conservation and Reclamation Fund to administer the Department's responsibilities.
Provides that, notwithstanding any other law to the or any other fiscal or budgetary maneuver that would transfer any amounts from the Fund into any other fund of the State.
Provides that during fiscal year 2016 and each fiscal year thereafter, an amount of $333,333.33 shall be transferred from the Coal Technology Development Assistance Fund to the Fund.
Effective immediately.
LRB099 10345 SXM 30572 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB3128 LRB099 10345 SXM 30572 b AN ACT concerning finance.
Section 5.
Section 3.
The State Finance Act is amended by adding Section 5.866 as follows:
The Illinois Administrative Procedure Act is amended by changing Sections 1-20 and 1-70 as follows:
(5 ILCS 100/1-20) (from Ch.
127, par.
1001-20) Sec.
1-20.
"Agency" means each officer, board, commission, and agency created by the Constitution, whether in the executive, legislative, or judicial branch of State government, but other than the circuit court;
each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State;
each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners;
and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor.
"Agency", however, does not include the following:
(1) The House of Representatives and Senate and their respective standing and service committees, including without limitation the Board of the Office of the Architect of the Capitol and the Architect of the Capitol established HB3128 Engrossed - 2 - LRB099 10345 SXM 30572 b under the Legislative Commission Reorganization Act of 1984.
(2) The Governor , except with respect to intergovernmental agreements.
(3) The justices and judges of the Supreme and Appellate Courts.
(4) The Legislative Ethics Commission.
(Source:
P.A.
95-331, eff.
8-21-07.) (5 ILCS 100/1-70) (from Ch.
127, par.
1001-70) Sec.
1-70.
"Rule" means each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency, (ii) informal advisory rulings issued under Section 5-150, (iii) intra-agency memoranda, (iv) the prescription of standardized forms, (v) documents prepared or filed or actions taken by the Legislative Reference Bureau under Section 5.04 of the Legislative Reference Bureau Act, or (vi) guidance documents prepared by the Illinois Environmental Protection Agency under Section 39.5 or subsection (s) of Section 39 of the Environmental Protection Act.
"Rule" also includes the exclusive means by which a State agency may enter into or implement an intergovernmental agreement as provided in Section 3 of the Intergovernmental Cooperation Act.
HB3128 Engrossed - 3 - LRB099 10345 SXM 30572 b (Source:
P.A.
97-95, eff.
7-12-11;
Show all 66 changed rows (26 more)
Previous
Latest
97-1081, eff.
8-24-12.) Section 5.
The Intergovernmental Cooperation Act is amended by changing Section 3 as follows:
(5 ILCS 220/3) (from Ch.
127, par.
743) Sec.
3.
Intergovernmental cooperation.
(a) Any power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States do not prohibit joint exercise or enjoyment and except where specifically and expressly prohibited by law.
This includes, but is not limited to, (i) arrangements between the Illinois Student Assistance Commission and agencies in other states which issue professional licenses and (ii) agreements between the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) and public agencies for the establishment and enforcement of child support orders and for the exchange of information that may be necessary for the enforcement of those child support orders.
(b) The exclusive means by which a State agency, as defined in Section 1-20 of the Illinois Administrative Procedure Act, may enter into or implement an intergovernmental agreement with HB3128 Engrossed - 4 - LRB099 10345 SXM 30572 b another State agency by the prior adoption of rules in accordance with the Illinois Administrative Procedure Act.
Two or more State agencies that wish to participate in the same intergovernmental agreement may do so by adopting joint rules in accordance with the Illinois Administrative Procedure Act.
The rules must include, at a minimum, the actual terms and conditions of the specific intergovernmental agreement that is contemplated by the State agency or agencies.
Within 6 months after the effective date of this amendatory Act of the 99th General Assembly, each State agency must file, with the Legislative Audit Commission, a copy of each intergovernmental agreement entered into by that agency, or any of its predecessor agencies, with another State agency prior to the effective date of this amendatory Act of the 99th General Assembly that was not fully performed by all parties before that effective date.
(c) Notwithstanding any other provision of law, no State agency, as defined in Section 1-20 of the Illinois Administrative Procedure Act, may enter into an intergovernmental agreement with another State agency that authorizes sharing of appropriation line items unless that agreement is approved by a joint resolution of the General Assembly.
(Source:
P.A.
95-331, eff.
8-21-07.) Section 10.
The State Finance Act is amended by adding HB3128 Engrossed - 5 - LRB099 10345 SXM 30572 b Section 5.866 as follows:
Section 10.
Section 15.
Upon receipt of the certification, the HB3128 - 2 - LRB099 10345 SXM 30572 b Treasurer shall transfer the amount shown on such certification from the General Revenue Fund to the Coal Technology Development Assistance Fund, which is hereby created as a special fund in the State treasury, except that no transfer shall be made in any month in which the Fund has reached the following balance:
Upon receipt of the certification, the Treasurer shall transfer the amount shown on such certification from the General Revenue Fund to the Coal Technology Development Assistance Fund, which is hereby created as a special fund in the State treasury, except that no transfer shall be made in any month in which the Fund has reached the following balance:
(1) $7,000,000 during fiscal year 1994.
HB3128 Engrossed - 6 - LRB099 10345 SXM 30572 b (1) $7,000,000 during fiscal year 1994.
(6) During fiscal year 2006 and each fiscal year thereafter, an amount equal to the sum of $10,000,000 plus additional moneys deposited into the Coal Technology HB3128 - 3 - LRB099 10345 SXM 30572 b Development Assistance Fund from the Renewable Energy Resources and Coal Technology Development Assistance Charge under Section 6.5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.
(6) During fiscal year 2006 and each fiscal year thereafter, an amount equal to the sum of $10,000,000 plus additional moneys deposited into the Coal Technology Development Assistance Fund from the Renewable Energy Resources and Coal Technology Development Assistance Charge under Section 6.5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997.
(b) During fiscal year 2016 and each fiscal year thereafter, an amount of $333,333.33 shall be transferred from the Coal Technology Development Assistance Fund to the Coal Mining Land Conservation and Reclamation Fund on the first day of each month.
(b) During fiscal year 2016 and each fiscal year thereafter, an amount of $333,333.33 shall be transferred from HB3128 Engrossed - 7 - LRB099 10345 SXM 30572 b the Coal Technology Development Assistance Fund to the Coal Mining Land Conservation and Reclamation Fund on the first day of each month.
HB3128 - 4 - LRB099 10345 SXM 30572 b Section 99.
Section 99.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Placed on Calendar - Consideration Postponed

  4. Third Reading - Consideration Postponed

  5. Placed on Calendar Order of 3rd Reading - Standard Debate

  6. Chair Rules to Place Bill on Standard Debate

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Home Rule Note Request is Inapplicable

  9. House Floor Amendment No. 1 Home Rule Note Request as Amended is Inapplicable

  10. House Floor Amendment No. 1 Motion Prevailed 058-043-000

  11. House Floor Amendment No. 1 Note / Motion Filed - Note Act Does Not Apply Rep. Jay Hoffman

  12. State Mandates Fiscal Note Request is Inapplicable

  13. House Floor Amendment No. 1 State Mandates Fiscal Note Request as Amended is Inapplicable

  14. House Floor Amendment No. 1 Motion Prevailed 059-044-000

  15. House Floor Amendment No. 1 Note / Motion Filed - Note Act Does Not Apply Rep. Jay Hoffman

  16. Fiscal Note Request is Inapplicable

  17. House Floor Amendment No. 1 Fiscal Note Request as Amended is Inapplicable

  18. House Floor Amendment No. 1 Motion Prevailed 059-044-000

  19. House Floor Amendment No. 1 Note / Motion Filed - Note Act Does Not Apply Rep. Jay Hoffman

  20. Motion Prevailed

  21. Rep. Hoffman Moved Note Requests are Inapplicable

  22. House Floor Amendment No. 1 Adopted 061-045-000

  23. House Floor Amendment No. 1 Home Rule Note Requested as Amended by Rep. Ed Sullivan

  24. House Floor Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Ed Sullivan

  25. House Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. Ed Sullivan

  26. House Floor Amendment No. 1 Recommends Be Adopted Revenue & Finance Committee; 007-004-000

  27. House Floor Amendment No. 1 Rules Refers to Revenue & Finance Committee

  28. Remove Chief Co-Sponsor Rep. John Cavaletto

  29. Held on Calendar Order of Second Reading - Short Debate

  30. Second Reading - Short Debate

  31. Added Chief Co-Sponsor Rep. Brandon W. Phelps

  32. Added Chief Co-Sponsor Rep. John Cavaletto

  33. House Floor Amendment No. 1 Referred to Rules Committee

  34. House Floor Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman

  35. Removed Co-Sponsor Rep. Terri Bryant

  36. Added Co-Sponsor Rep. Terri Bryant

  37. Placed on Calendar 2nd Reading - Short Debate

  38. Do Pass / Short Debate Revenue & Finance Committee; 008-003-000

  39. Remains in Revenue & Finance Committee

  40. Recommends Do Pass Subcommittee/ Revenue & Finance Committee; 005-000-000

  41. To Finance Subcommittee

  42. Removed Co-Sponsor Rep. David McSweeney

  43. Removed Co-Sponsor Rep. C.D. Davidsmeyer

  44. Removed Co-Sponsor Rep. John Cavaletto

  45. Added Co-Sponsor Rep. John Cavaletto

  46. Added Co-Sponsor Rep. C.D. Davidsmeyer

  47. Added Co-Sponsor Rep. David McSweeney

  48. Added Co-Sponsor Rep. John Bradley

  49. Added Co-Sponsor Rep. Michael J. Zalewski

  50. Added Co-Sponsor Rep. Frank J. Mautino

  51. Added Co-Sponsor Rep. Mike Smiddy

  52. Added Co-Sponsor Rep. Daniel V. Beiser

  53. Assigned to Revenue & Finance Committee

  54. Removed Co-Sponsor Rep. Barbara Wheeler

  55. Removed Co-Sponsor Rep. Brandon W. Phelps

  56. Added Co-Sponsor Rep. Patrick J. Verschoore

  57. Added Co-Sponsor Rep. Brandon W. Phelps

  58. Added Co-Sponsor Rep. Barbara Wheeler

  59. Removed Co-Sponsor Rep. Adam Brown

  60. Added Co-Sponsor Rep. Adam Brown

  61. Removed Co-Sponsor Rep. David B. Reis

  62. Removed Co-Sponsor Rep. Thomas Morrison

  63. Added Co-Sponsor Rep. David B. Reis

  64. Added Co-Sponsor Rep. Thomas Morrison

  65. Added Chief Co-Sponsor Rep. Jerry Costello, II

  66. Referred to Rules Committee

  67. First Reading

  68. Filed with the Clerk by Rep. Jay Hoffman

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 8 voted No

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion

Failed 59 Yea · 44 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 3537012
Democrat 24103
Republican 0600
Total 5944015
% of votes cast 50%37%0%13%
How each member voted (118)
Member Party Vote
Sandack — Nay
Sommer — Nay
Acevedo — Not Voting
Andersson — Nay
Anthony — Nay
Arroyo — Yea
Batinick — Not Voting
Beiser — Yea
Bellock — Nay
Mautino — Yea
Bourne — Nay
Breen — Nay
Brown — Nay
Butler — Nay
McAsey — Yea
Moffitt — Nay
Jackson — Yea
Jesiel — Nay
Nekritz — Yea
Flowers — Yea
Lang — Yea
Sente — Yea
Harris, Greg — Yea
Bradley — Yea
Hernandez — Yea
Smiddy — Yea
Stewart — Nay
Burke, Daniel — Yea
Burke, Kelly — Yea
Tabares — Yea
Turner — Yea
Verschoore — Yea
Wallace — Yea
Willis — Yea
Davis, Monique — Yea
Williams — Yea
Mitchell, Christian — Yea
Bennett — Nay
Harris, David — Nay
Brady — Nay
Cloonen — Yea
Conroy — Yea
Costello — Yea
Currie — Yea
Drury — Yea
Dunkin — Yea
Fortner — Nay
Franks — Yea
Frese — Nay
Golar — Yea
Hays — Nay
Hurley — Yea
Ives — Nay
Sullivan — Nay
Leitch — Nay
Wheeler, Barbara — Nay
Wheeler, Keith — Nay
Madigan — Not Voting
Mitchell, Bill — Nay
Jones — Not Voting
McAuliffe — Nay
McDermed — Nay
McSweeney — Nay
Soto — Not Voting
Thapedi — Not Voting
Tryon — Nay
Unes — Not Voting
Wehrli — Nay
Winger — Nay
Yingling — Not Voting
Zalewski — Not Voting
Cavaletto — Nay
D'Amico — Not Voting
Demmer — Nay
Durkin — Nay
Kay — Nay
Phelps — Yea
Phillips — Nay
Poe — Not Voting
Pritchard — Nay
Reaves-Harris — Not Voting
Reis — Nay
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Not Voting
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Not Voting
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Not Voting
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Norine K. Hammond Republican Nay
Terri Bryant Republican Nay

Official roll call →

Amendments, Amendment 1

Passed 61 Yea · 45 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 3737010
Democrat 24202
Republican 0600
Total 6145012
% of votes cast 52%38%0%10%
How each member voted (118)
Member Party Vote
Sandack — Nay
Smiddy — Yea
Lang — Yea
Acevedo — Not Voting
Andersson — Nay
Anthony — Nay
Arroyo — Yea
Batinick — Not Voting
Beiser — Yea
Bellock — Nay
Mautino — Yea
Bourne — Nay
Breen — Nay
Brown — Nay
McAsey — Yea
Costello — Yea
Jackson — Yea
Nekritz — Yea
Phelps — Yea
Sente — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Verschoore — Yea
Wallace — Yea
Harris, Greg — Yea
Bradley — Yea
Hernandez — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Cloonen — Yea
Conroy — Yea
Currie — Yea
Flowers — Yea
Franks — Yea
Golar — Yea
Hurley — Yea
Davis, Monique — Yea
Williams — Yea
Leitch — Nay
Mitchell, Christian — Yea
Madigan — Not Voting
McAuliffe — Nay
McDermed — Nay
McSweeney — Nay
Moffitt — Nay
Sommer — Nay
Bennett — Nay
Harris, David — Nay
Soto — Not Voting
Brady — Nay
Stewart — Nay
Tryon — Nay
Unes — Not Voting
Wehrli — Nay
Willis — Yea
Winger — Nay
Sullivan — Nay
Yingling — Yea
Zalewski — Not Voting
Wheeler, Barbara — Nay
Wheeler, Keith — Nay
Mitchell, Bill — Nay
Jones — Not Voting
Butler — Nay
Cavaletto — Nay
D'Amico — Not Voting
Demmer — Nay
Drury — Yea
Dunkin — Yea
Durkin — Nay
Fortner — Nay
Frese — Nay
Hays — Nay
Ives — Nay
Jesiel — Nay
Kay — Nay
Phillips — Nay
Poe — Not Voting
Pritchard — Nay
Reaves-Harris — Not Voting
Reis — Nay
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Not Voting
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Nay
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Not Voting
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Norine K. Hammond Republican Nay
Terri Bryant Republican Nay

Official roll call →

Subjects

environment labor energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 3128 do?
Amends the State Finance Act. Creates the Coal Mining Conservation and Reclamation Fund as a special fund in the State treasury. Amends the Illinois Coal Technology Development Assistance Act. Provides that the Department of Natural Resources shall use all monies in the Coal Mining Land Conservation and Reclamation Fund to administer the Department's responsibilities. Provides that, notwithstanding any other law to the contrary, the Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would transfer any amounts from the Fund into any other fund of the State. Provides that during fiscal year 2016 and each fiscal year thereafter, an amount of $333,333.33 shall be transferred from the Coal Technology Development Assistance Fund to the Fund. Effective immediately.
Who sponsors HB 3128?
HB 3128 is sponsored by Jay Hoffman (Democrat).
What is the current status of HB 3128?
This bill died with 99th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3128?
Track HB 3128 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 3128

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 3128

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →