Full Text of HB2491 96th General Assembly
HB2491sam001 96TH GENERAL ASSEMBLY
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Sen. Susan Garrett
Filed: 5/4/2009
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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: | 3 |
| on page 1, line 5, immediately after "Sections", by inserting | 4 |
| "10,"; and
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| on page 1, immediately below line 6, by inserting the | 6 |
| 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 | 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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| 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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| The State Treasurer may invest Funds deposited into
the Fund at |
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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 | 3 |
| credited to and
deposited into the Fund.
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| 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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| 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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| 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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| 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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| (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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| (b) The specific purposes of the Fund include but are not | 2 |
| limited to
the following:
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| (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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| (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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| (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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| (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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| (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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| another State agency or statute unless
the
State agency or | 2 |
| statute is specifically referenced and the limitation is
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| clearly set forth in this Act.
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| (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)".
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