Full Text of HB3349 98th General Assembly
HB3349sam001 98TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/9/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3349
| 2 | | AMENDMENT NO. ______. Amend House Bill 3349 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Drycleaner Environmental Response Trust | 5 | | Fund Act is amended by changing Sections 20 and 45 as follows:
| 6 | | (415 ILCS 135/20)
| 7 | | Sec. 20. Council rules.
| 8 | | (a) The Council may adopt rules in accordance with the | 9 | | emergency rulemaking
provisions of Section 5-45 of the Illinois | 10 | | Administrative Procedure Act for one
year after
the effective | 11 | | date of this Act. Thereafter, the Council shall conduct general
| 12 | | rulemaking as provided under the Illinois Administrative | 13 | | Procedure Act.
| 14 | | (b) The Council shall adopt rules regarding its practice | 15 | | and procedures for
investigating and settling claims made | 16 | | against the Fund,
determining reimbursement guidelines, |
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| 1 | | coordinating with the Agency, and
otherwise implementing and | 2 | | administering the Fund under this
Act.
| 3 | | (c) The Council shall adopt rules regarding its practice | 4 | | and procedures to
develop underwriting standards, establish | 5 | | insurance account coverage
and risk factors, settle claims made | 6 | | against the insurance account of the Fund,
determine | 7 | | appropriate deductibles or retentions in coverages or benefits
| 8 | | offered under the insurance account of the Fund, determine | 9 | | reimbursement
guidelines,
and otherwise implement and | 10 | | administer the insurance account under this
Act.
| 11 | | (c-1) Within 90 days after the effective date of this | 12 | | amendatory Act of the 98th General Assembly, the Council shall | 13 | | amend its rules to allow access to registration materials by | 14 | | electronic means. | 15 | | (d) The Council shall adopt rules necessary for the | 16 | | implementation and
collection of insurance account premiums | 17 | | prior to offering insurance to an
owner or operator of a | 18 | | drycleaning facility or other person.
| 19 | | (e) The Council shall adopt rules prescribing requirements | 20 | | for the retention
of records
by an owner or operator and the | 21 | | periods for which he or she must
retain those records.
| 22 | | (f) The Council shall adopt rules describing the manner in | 23 | | which all
disbursed moneys received from the Agency shall be | 24 | | deposited with a bank or
savings and loan association to be | 25 | | approved by the Council. For purposes of
this subsection, the | 26 | | Council shall be considered a public agency and,
therefore, no |
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| 1 | | bank or savings and loan association shall receive public funds
| 2 | | from the Council, and the Council shall not make any | 3 | | investments, unless in
accordance with the Public Funds | 4 | | Investment Act.
| 5 | | (g) All final Council decisions regarding the Fund or any | 6 | | reimbursement from
the
Fund and any decision concerning the | 7 | | classification of drycleaning solvents
pursuant to subsection | 8 | | (a) of Section 65 of this Act and any notice of the assessment | 9 | | of civil penalties under Section 69 of this Act shall be | 10 | | subject to
appeal to the Administrator of the Council, by the | 11 | | affected
parties, within 60 days after the final decision. The | 12 | | Council shall determine by rule persons who have standing to
| 13 | | appeal final Council decisions. Any written decision by the | 14 | | Administrator may be appealed to the Council within 60 days | 15 | | after the Administrator's final decision. Any decision by the | 16 | | Council may be appealed to the Council's administrative law | 17 | | judge within 60 days after the Council's final decision. Notice | 18 | | of any hearing provided for by this Act shall be given not less | 19 | | than 7 days before the day fixed for the hearing. An appeal of | 20 | | the
administrative law judge's decision will be subject to | 21 | | judicial review in
accordance with the Administrative Review | 22 | | Law.
| 23 | | Any decision not timely appealed shall become a final | 24 | | administrative decision without the necessity of a final | 25 | | administrative decision being issued and shall be deemed to be | 26 | | a final administrative decision. |
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| 1 | | The Council shall adopt rules relating to appeal | 2 | | procedures. | 3 | | The Council may designate an attorney, employed by the | 4 | | Council or privately employed, to act as an administrative law | 5 | | judge to preside at any administrative hearing resulting from | 6 | | the appeal of a Council decision. The Council and the | 7 | | Department of Revenue are authorized to enter into an agreement | 8 | | whereby an administrative law judge employed by the Department | 9 | | may be assigned to preside at the administrative hearings. | 10 | | Proof of the Council's administrative decision may be made | 11 | | at any administrative or legal proceeding by a reproduced copy | 12 | | of the Council's record relating to the decision under the | 13 | | certificate of the Council. A reproduced copy shall, without | 14 | | further proof, be admitted into evidence and shall be prima | 15 | | facie proof of the decision. | 16 | | The provisions of the Administrative Review Law, and any | 17 | | rules adopted under the Administrative Review law by the | 18 | | Council, shall govern all proceedings for the judicial review | 19 | | of final administrative decisions of the Council. The term | 20 | | "administrative decision" has the same meaning as it does in | 21 | | Section 3-101 of the Code of Civil Procedure. | 22 | | Venue for an administrative review action challenging the | 23 | | results of an administrative hearing upholding an | 24 | | administrative decision issued by the Council
shall be proper | 25 | | in the Circuit Court of the county where the plaintiff has its | 26 | | principal place of business, or Sangamon County if the |
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| 1 | | plaintiff's principal place of business is located outside | 2 | | Illinois.
| 3 | | (Source: P.A. 96-774, eff. 1-1-10.)
| 4 | | (415 ILCS 135/45)
| 5 | | Sec. 45. Insurance account.
| 6 | | (a) The insurance account shall offer financial assurance | 7 | | for a qualified
owner
or operator of a drycleaning facility | 8 | | under the terms and conditions provided
for under this Section. | 9 | | Coverage may be provided to either the owner or the
operator of | 10 | | a drycleaning facility. The
Council is not required to resolve | 11 | | whether the owner or operator, or both,
are responsible for a | 12 | | release under the terms of an agreement between
the owner and | 13 | | operator.
| 14 | | (b) The source of funds for the insurance account shall be | 15 | | as follows:
| 16 | | (1) Moneys appropriated to the Council or moneys | 17 | | allocated to the
insurance
account by the Council according | 18 | | to the Fund budget approved by the
Council.
| 19 | | (2) Moneys collected as an insurance premium, | 20 | | including service fees, if
any.
| 21 | | (3) Investment income attributed to the insurance | 22 | | account by the Council.
| 23 | | (c) An owner or operator may purchase
coverage of up to | 24 | | $500,000 per drycleaning facility subject to the terms and
| 25 | | conditions under this Section and those adopted by the Council. |
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| 1 | | Coverage
shall be limited to remedial action costs associated | 2 | | with soil and
groundwater contamination resulting from a | 3 | | release of drycleaning solvent
at an insured drycleaning | 4 | | facility, including third-party liability for soil
and | 5 | | groundwater contamination. Coverage is not provided for a | 6 | | release
that occurred before the date of coverage.
| 7 | | (d) An
owner or operator, subject to underwriting | 8 | | requirements and terms
and conditions deemed necessary and | 9 | | convenient by the Council, may
purchase insurance coverage from | 10 | | the insurance account provided that
the drycleaning facility to | 11 | | be insured meets the following conditions:
| 12 | | (1) a site investigation designed to identify soil and
| 13 | | groundwater contamination resulting from the release
of a | 14 | | drycleaning solvent has been completed. The Council shall | 15 | | determine if the
site
investigation is adequate. This | 16 | | investigation must be completed by
June 30, 2006. For | 17 | | drycleaning facilities that
apply for insurance coverage | 18 | | after
June 30, 2006, the site investigation must be
| 19 | | completed prior to
issuance of insurance coverage; and
| 20 | | (2) the drycleaning facility
is participating in and | 21 | | meets all requirements of a
drycleaning compliance program | 22 | | approved by the Council.
| 23 | | (e) The annual premium for insurance coverage shall be:
| 24 | | (1) For the year July 1, 1999 through June 30,
2000, | 25 | | $250
per drycleaning facility.
| 26 | | (2) For the year July 1, 2000 through
June 30, 2001, |
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| 1 | | $375
per drycleaning facility.
| 2 | | (3) For the year July 1, 2001 through
June 30, 2002, | 3 | | $500
per drycleaning facility.
| 4 | | (4) For the year July 1, 2002 through
June 30, 2003, | 5 | | $625
per drycleaning facility.
| 6 | | (5) For subsequent years, an owner or operator applying | 7 | | for
coverage shall pay an annual actuarially-sound | 8 | | insurance premium
for coverage by the insurance account. | 9 | | The Council may approve
Fund coverage through the payment | 10 | | of a premium established on
an actuarially-sound basis, | 11 | | taking into consideration the risk to the
insurance account | 12 | | presented by the insured.
Risk factor adjustments utilized | 13 | | to determine actuarially-sound
insurance premiums should | 14 | | reflect the range of risk presented by
the variety of | 15 | | drycleaning systems, monitoring systems, drycleaning
| 16 | | volume, risk management practices, and other factors as
| 17 | | determined by the Council. As used in this item, | 18 | | "actuarially sound" is not
limited to Fund premium revenue | 19 | | equaling or exceeding Fund
expenditures for the general | 20 | | drycleaning facility population.
Actuarially-determined | 21 | | premiums shall be published at least 180
days prior to the | 22 | | premiums becoming effective.
| 23 | | (e-5) If an insurer sends a second notice to an owner or | 24 | | operator demanding immediate payment of a past-due premium for | 25 | | insurance services provided pursuant to this Act, the demand | 26 | | for payment must offer a grace period of not less than 30 days |
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| 1 | | during which the owner or operator shall be allowed to pay any | 2 | | premiums due. If payment is made during that period, coverage | 3 | | under this Act shall not be terminated for non-payment by the | 4 | | insurer. | 5 | | (e-6) If an insurer terminates an owner or operator's | 6 | | coverage under this Act and sends a written notice to the owner | 7 | | or operator to inform him or her of the termination of that | 8 | | coverage, that notice must include instructions on how to seek | 9 | | reinstatement of coverage, as well as information concerning | 10 | | any premiums or penalties that might be due. | 11 | | (f) If coverage is purchased for any part of a year, the | 12 | | purchaser shall pay
the full annual premium. The insurance | 13 | | premium is fully earned upon issuance
of the insurance policy.
| 14 | | (g) The insurance coverage shall be provided with a
$10,000 | 15 | | deductible policy.
| 16 | | (h) A future repeal of this Section shall not terminate
the
| 17 | | obligations under this Section or authority necessary to | 18 | | administer the
obligations until the obligations are | 19 | | satisfied, including but not limited to
the payment of claims | 20 | | filed prior
to the effective date of any future repeal against | 21 | | the insurance account until
moneys in the account are | 22 | | exhausted. Upon exhaustion of the
moneys in the account, any | 23 | | remaining claims shall be invalid. If moneys remain
in the | 24 | | account following
satisfaction of the obligations under this | 25 | | Section,
the remaining moneys and moneys due the account shall | 26 | | be
used to assist current insureds to obtain a viable insuring |
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| 1 | | mechanism as
determined by the Council after public notice and | 2 | | opportunity for
comment.
| 3 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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