Full Text of HB3349 98th General Assembly
HB3349sam002 98TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/14/2013
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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 Section 45 as follows:
| 6 | | (415 ILCS 135/45)
| 7 | | Sec. 45. Insurance account.
| 8 | | (a) The insurance account shall offer financial assurance | 9 | | for a qualified
owner
or operator of a drycleaning facility | 10 | | under the terms and conditions provided
for under this Section. | 11 | | Coverage may be provided to either the owner or the
operator of | 12 | | a drycleaning facility. The
Council is not required to resolve | 13 | | whether the owner or operator, or both,
are responsible for a | 14 | | release under the terms of an agreement between
the owner and | 15 | | operator.
| 16 | | (b) The source of funds for the insurance account shall be |
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| 1 | | as follows:
| 2 | | (1) Moneys appropriated to the Council or moneys | 3 | | allocated to the
insurance
account by the Council according | 4 | | to the Fund budget approved by the
Council.
| 5 | | (2) Moneys collected as an insurance premium, | 6 | | including service fees, if
any.
| 7 | | (3) Investment income attributed to the insurance | 8 | | account by the Council.
| 9 | | (c) An owner or operator may purchase
coverage of up to | 10 | | $500,000 per drycleaning facility subject to the terms and
| 11 | | conditions under this Section and those adopted by the Council. | 12 | | Coverage
shall be limited to remedial action costs associated | 13 | | with soil and
groundwater contamination resulting from a | 14 | | release of drycleaning solvent
at an insured drycleaning | 15 | | facility, including third-party liability for soil
and | 16 | | groundwater contamination. Coverage is not provided for a | 17 | | release
that occurred before the date of coverage.
| 18 | | (d) An
owner or operator, subject to underwriting | 19 | | requirements and terms
and conditions deemed necessary and | 20 | | convenient by the Council, may
purchase insurance coverage from | 21 | | the insurance account provided that
the drycleaning facility to | 22 | | be insured meets the following conditions:
| 23 | | (1) a site investigation designed to identify soil and
| 24 | | groundwater contamination resulting from the release
of a | 25 | | drycleaning solvent has been completed. The Council shall | 26 | | determine if the
site
investigation is adequate. This |
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| 1 | | investigation must be completed by
June 30, 2006. For | 2 | | drycleaning facilities that
apply for insurance coverage | 3 | | after
June 30, 2006, the site investigation must be
| 4 | | completed prior to
issuance of insurance coverage; and
| 5 | | (2) the drycleaning facility
is participating in and | 6 | | meets all requirements of a
drycleaning compliance program | 7 | | approved by the Council.
| 8 | | (e) The annual premium for insurance coverage shall be:
| 9 | | (1) For the year July 1, 1999 through June 30,
2000, | 10 | | $250
per drycleaning facility.
| 11 | | (2) For the year July 1, 2000 through
June 30, 2001, | 12 | | $375
per drycleaning facility.
| 13 | | (3) For the year July 1, 2001 through
June 30, 2002, | 14 | | $500
per drycleaning facility.
| 15 | | (4) For the year July 1, 2002 through
June 30, 2003, | 16 | | $625
per drycleaning facility.
| 17 | | (5) For subsequent years, an owner or operator applying | 18 | | for
coverage shall pay an annual actuarially-sound | 19 | | insurance premium
for coverage by the insurance account. | 20 | | The Council may approve
Fund coverage through the payment | 21 | | of a premium established on
an actuarially-sound basis, | 22 | | taking into consideration the risk to the
insurance account | 23 | | presented by the insured.
Risk factor adjustments utilized | 24 | | to determine actuarially-sound
insurance premiums should | 25 | | reflect the range of risk presented by
the variety of | 26 | | drycleaning systems, monitoring systems, drycleaning
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| 1 | | volume, risk management practices, and other factors as
| 2 | | determined by the Council. As used in this item, | 3 | | "actuarially sound" is not
limited to Fund premium revenue | 4 | | equaling or exceeding Fund
expenditures for the general | 5 | | drycleaning facility population.
Actuarially-determined | 6 | | premiums shall be published at least 180
days prior to the | 7 | | premiums becoming effective.
| 8 | | (e-5) If an insurer sends a second notice to an owner or | 9 | | operator demanding immediate payment of a past-due premium for | 10 | | insurance services provided pursuant to this Act, the demand | 11 | | for payment must offer a grace period of not less than 30 days | 12 | | during which the owner or operator shall be allowed to pay any | 13 | | premiums due. If payment is made during that period, coverage | 14 | | under this Act shall not be terminated for non-payment by the | 15 | | insurer. | 16 | | (e-6) If an insurer terminates an owner or operator's | 17 | | coverage under this Act, the insurer must send a written notice | 18 | | to the owner or operator to inform him or her of the | 19 | | termination of that coverage, and that notice must include | 20 | | instructions on how to seek reinstatement of coverage, as well | 21 | | as information concerning any premiums or penalties that might | 22 | | be due. | 23 | | (f) If coverage is purchased for any part of a year, the | 24 | | purchaser shall pay
the full annual premium. The insurance | 25 | | premium is fully earned upon issuance
of the insurance policy.
| 26 | | (g) The insurance coverage shall be provided with a
$10,000 |
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| 1 | | deductible policy.
| 2 | | (h) A future repeal of this Section shall not terminate
the
| 3 | | obligations under this Section or authority necessary to | 4 | | administer the
obligations until the obligations are | 5 | | satisfied, including but not limited to
the payment of claims | 6 | | filed prior
to the effective date of any future repeal against | 7 | | the insurance account until
moneys in the account are | 8 | | exhausted. Upon exhaustion of the
moneys in the account, any | 9 | | remaining claims shall be invalid. If moneys remain
in the | 10 | | account following
satisfaction of the obligations under this | 11 | | Section,
the remaining moneys and moneys due the account shall | 12 | | be
used to assist current insureds to obtain a viable insuring | 13 | | mechanism as
determined by the Council after public notice and | 14 | | opportunity for
comment.
| 15 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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