Sen. Susan Garrett
Filed: 5/4/2009
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| 1 | AMENDMENT TO HOUSE BILL 2491
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| 2 | AMENDMENT NO. ______. Amend House Bill 2491 as follows: | ||||||
| 3 | on page 1, line 5, immediately after "Sections", by inserting | ||||||
| 4 | "10,"; and
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| 5 | on page 1, immediately below line 6, by inserting the | ||||||
| 6 | following:
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| 7 | "(415 ILCS 135/10)
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| 8 | Sec. 10. Drycleaner Environmental Response Trust Fund.
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| 9 | (a) The Drycleaner Environmental Response Trust Fund is | ||||||
| 10 | created as a
special fund in the State Treasury.
Moneys | ||||||
| 11 | deposited into the Fund shall be used solely
for the purposes | ||||||
| 12 | of
the Council and for other purposes
as provided in
this Act.
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| 13 | The Fund shall include moneys credited to the Fund under this | ||||||
| 14 | Act
and other moneys that by law may be credited to the Fund.
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| 15 | The State Treasurer may invest Funds deposited into
the Fund at | ||||||
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| 1 | the direction of the Council. Interest, income from the
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| 2 | investments, and other income earned by the Fund shall be | ||||||
| 3 | credited to and
deposited into the Fund.
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| 4 | Pursuant to appropriation, all moneys in the Drycleaner | ||||||
| 5 | Environmental
Response Trust Fund shall be disbursed by the | ||||||
| 6 | Agency to the Council
for the purpose of making disbursements,
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| 7 | if any, in accordance with this Act and for the purpose of | ||||||
| 8 | paying
the ordinary and
contingent
expenses of the Council. | ||||||
| 9 | After June 30, 1999, pursuant to appropriation, all
moneys in | ||||||
| 10 | the Drycleaner Environmental Response Trust Fund may be used by | ||||||
| 11 | the
Council for the purpose of making disbursements, if any, in | ||||||
| 12 | accordance with
this Act and for the purpose of paying the | ||||||
| 13 | ordinary and contingent expenses of
the Council.
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| 14 | The Fund may be divided into different accounts with | ||||||
| 15 | different
depositories to fulfill the purposes of the Act as | ||||||
| 16 | determined by the Council.
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| 17 | Moneys in the Fund at the end of a State fiscal year
shall | ||||||
| 18 | be carried forward to the next fiscal year and shall not revert | ||||||
| 19 | to
the General Revenue Fund.
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| 20 | (a-5) The Drycleaner Environmental Response Trust Fund | ||||||
| 21 | shall not be subject to sweeps, administrative charges, or | ||||||
| 22 | charge-backs, including, but not limited to, those authorized | ||||||
| 23 | under Section 8h of the State Finance Act, or any other fiscal | ||||||
| 24 | or budgetary maneuver that would transfer funds from the | ||||||
| 25 | Drycleaner Environmental Response Trust Fund into another fund | ||||||
| 26 | of the State. | ||||||
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| 1 | (b) The specific purposes of the Fund include but are not | ||||||
| 2 | limited to
the following:
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| 3 | (1) To establish an account to fund remedial action of | ||||||
| 4 | drycleaning
solvent releases from drycleaning facilities | ||||||
| 5 | as provided by
Section 40.
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| 6 | (2) To establish an insurance account for insuring | ||||||
| 7 | environmental risks
from releases from drycleaning | ||||||
| 8 | facilities within this State as
provided by Section 45.
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| 9 | (c) The State, the General Revenue Fund, and any other Fund | ||||||
| 10 | of
the
State, other than the Drycleaner Environmental Response | ||||||
| 11 | Trust Fund, shall not
be
liable for a claim or cause of action | ||||||
| 12 | in connection with a drycleaning facility
not owned or operated | ||||||
| 13 | by the State or an agency of the State. All expenses
incurred | ||||||
| 14 | by the Fund shall be payable solely from the Fund and
no | ||||||
| 15 | liability or obligation shall be imposed upon the State. The | ||||||
| 16 | State is not
liable for a claim presented against the Fund.
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| 17 | (d) The liability of the Fund is limited to the extent of | ||||||
| 18 | coverage provided
by the account under which a claim is | ||||||
| 19 | submitted, subject to the terms and
conditions of that | ||||||
| 20 | coverage. The liability of the Fund is further limited by
the | ||||||
| 21 | moneys made available to the Fund, and no remedy shall be | ||||||
| 22 | ordered
that would require the Fund to exceed its then current | ||||||
| 23 | funding limitations
to satisfy an award or which would restrict | ||||||
| 24 | the availability of moneys for
higher priority sites.
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| 25 | (e) Nothing in this Act shall be construed to limit, | ||||||
| 26 | restrict, or affect the
authority and powers of the Agency or | ||||||
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| 1 | another State agency or statute unless
the
State agency or | ||||||
| 2 | statute is specifically referenced and the limitation is
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| 3 | clearly set forth in this Act.
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| 4 | (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)".
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