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Sen. Susan Garrett
Filed: 5/4/2009
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09600HB2491sam001 |
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LRB096 10484 JDS 25966 a |
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| AMENDMENT TO HOUSE BILL 2491
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| AMENDMENT NO. ______. Amend House Bill 2491 as follows:
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| on page 1, line 5, immediately after "Sections", by inserting |
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| "10,"; and
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| on page 1, immediately below line 6, by inserting the |
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| following:
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| "(415 ILCS 135/10)
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| Sec. 10. Drycleaner Environmental Response Trust Fund.
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| (a) The Drycleaner Environmental Response Trust Fund is |
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| created as a
special fund in the State Treasury.
Moneys |
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| deposited into the Fund shall be used solely
for the purposes |
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| of
the Council and for other purposes
as provided in
this Act.
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| The Fund shall include moneys credited to the Fund under this |
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| Act
and other moneys that by law may be credited to the Fund.
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| The State Treasurer may invest Funds deposited into
the Fund at |
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LRB096 10484 JDS 25966 a |
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| the direction of the Council. Interest, income from the
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| investments, and other income earned by the Fund shall be |
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| credited to and
deposited into the Fund.
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| Pursuant to appropriation, all moneys in the Drycleaner |
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| Environmental
Response Trust Fund shall be disbursed by the |
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| Agency to the Council
for the purpose of making disbursements,
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| if any, in accordance with this Act and for the purpose of |
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| paying
the ordinary and
contingent
expenses of the Council. |
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| After June 30, 1999, pursuant to appropriation, all
moneys in |
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| the Drycleaner Environmental Response Trust Fund may be used by |
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| the
Council for the purpose of making disbursements, if any, in |
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| accordance with
this Act and for the purpose of paying the |
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| ordinary and contingent expenses of
the Council.
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| The Fund may be divided into different accounts with |
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| different
depositories to fulfill the purposes of the Act as |
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| determined by the Council.
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| Moneys in the Fund at the end of a State fiscal year
shall |
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| be carried forward to the next fiscal year and shall not revert |
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| to
the General Revenue Fund.
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| (a-5) The Drycleaner Environmental Response Trust Fund |
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| shall not be subject to sweeps, administrative charges, or |
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| charge-backs, including, but not limited to, those authorized |
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| under Section 8h of the State Finance Act, or any other fiscal |
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| or budgetary maneuver that would transfer funds from the |
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| Drycleaner Environmental Response Trust Fund into another fund |
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| of the State. |
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LRB096 10484 JDS 25966 a |
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| (b) The specific purposes of the Fund include but are not |
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| limited to
the following:
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| (1) To establish an account to fund remedial action of |
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| drycleaning
solvent releases from drycleaning facilities |
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| as provided by
Section 40.
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| (2) To establish an insurance account for insuring |
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| environmental risks
from releases from drycleaning |
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| facilities within this State as
provided by Section 45.
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| (c) The State, the General Revenue Fund, and any other Fund |
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| of
the
State, other than the Drycleaner Environmental Response |
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| Trust Fund, shall not
be
liable for a claim or cause of action |
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| in connection with a drycleaning facility
not owned or operated |
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| by the State or an agency of the State. All expenses
incurred |
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| by the Fund shall be payable solely from the Fund and
no |
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| liability or obligation shall be imposed upon the State. The |
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| State is not
liable for a claim presented against the Fund.
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| (d) The liability of the Fund is limited to the extent of |
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| coverage provided
by the account under which a claim is |
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| submitted, subject to the terms and
conditions of that |
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| coverage. The liability of the Fund is further limited by
the |
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| moneys made available to the Fund, and no remedy shall be |
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| ordered
that would require the Fund to exceed its then current |
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| funding limitations
to satisfy an award or which would restrict |
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| the availability of moneys for
higher priority sites.
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| (e) Nothing in this Act shall be construed to limit, |
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| restrict, or affect the
authority and powers of the Agency or |