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Sen. James F. Clayborne Jr.
Filed: 5/15/2007
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LRB095 04509 CMK 36099 a |
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| AMENDMENT TO HOUSE BILL 277
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| AMENDMENT NO. ______. Amend House Bill 277 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by |
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| adding Section 57.8a as follows:
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| (415 ILCS 5/57.8a new) |
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| Sec. 57.8a. Assignment of payments from the Underground |
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| Storage Tank Fund. |
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| (a) If the Agency has formed a priority list for payment |
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| under Section 57.8(a)(3) of this Act, an owner or operator on |
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| the priority list may assign to any bank, financial |
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| institution, lender, or other person that provides factoring or |
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| financing to an owner or operator or to a consultant of an |
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| owner or operator a full approved payment amount on the |
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| priority list for which the owner or operator is awaiting |
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| payment. The assignment must be made on an approved |
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09500HB0277sam002 |
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LRB095 04509 CMK 36099 a |
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| payment-by-approved payment basis and must be made on forms |
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| prescribed by the Agency. No assignment under this Section |
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| prevents or affects the right of the State Comptroller to make |
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| the deductions and off-sets provided in Section 10.05 of the |
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| State Comptroller Act. |
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| (b) The making of an assignment under this Section shall |
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| not affect an owner's or operator's right to appeal an Agency |
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| decision as provided in this Title. No assignee shall have a |
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| right to appeal an Agency decision as provided in this Title. |
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| (c) An owner's or operator's assignment under this Section |
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| is irrevocable and may be made to only one assignee. The State |
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| shall pay the assigned amount, subject to right of the State |
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| Comptroller to make the deductions and off-sets provided in |
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| Section 10.05 of the State Comptroller Act, to this one |
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| assignee only and shall not pay the assigned amount to any |
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| subsequent assignee of the one assignee. |
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| (d) The State and its officers and employees are discharged |
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| of all liability upon payment of the assigned amount to the |
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| assignee. The assignor and assignee shall hold harmless and |
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| indemnify the State and its officers and employees from all |
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| claims, actions, suits, complaints, and liabilities related to |
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| the assignment. |
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| (e) An assignee may use funds received for any purpose |
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| including, without limitation, paying principal, interest, or |
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| other costs due on any financing made by the assignee. To the |
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| extent an owner or operator incurs costs associated with making |