Full Text of SB2443 100th General Assembly
SB2443 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2443 Introduced 1/30/2018, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: |
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Amends the Drycleaner Environmental Response Trust Fund Act. Provides that notwithstanding any other law to the contrary, the Drycleaner Environmental Response Trust Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Fund into any other fund of the State. Effective immediately.
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| | A BILL FOR |
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| | | SB2443 | | LRB100 16846 MJP 31987 b |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Drycleaner Environmental Response Trust | 5 | | Fund Act is amended by changing Section 10 as follows:
| 6 | | (415 ILCS 135/10)
| 7 | | Sec. 10. Drycleaner Environmental Response Trust Fund.
| 8 | | (a) The Drycleaner Environmental Response Trust Fund is | 9 | | created as a
special fund in the State Treasury.
Moneys | 10 | | deposited into the Fund shall be used solely
for the purposes | 11 | | of
the Council and for other purposes
as provided in
this Act.
| 12 | | The Fund shall include moneys credited to the Fund under this | 13 | | Act
and other moneys that by law may be credited to the Fund.
| 14 | | The State Treasurer may invest Funds deposited into
the Fund at | 15 | | the direction of the Council. Interest, income from the
| 16 | | investments, and other income earned by the Fund shall be | 17 | | credited to and
deposited into the Fund.
| 18 | | Pursuant to appropriation, all moneys in the Drycleaner | 19 | | Environmental
Response Trust Fund shall be disbursed by the | 20 | | Agency to the Council
for the purpose of making disbursements,
| 21 | | if any, in accordance with this Act and for the purpose of | 22 | | paying
the ordinary and
contingent
expenses of the Council. | 23 | | After June 30, 1999, pursuant to appropriation, all
moneys in |
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| 1 | | the Drycleaner Environmental Response Trust Fund may be used by | 2 | | the
Council for the purpose of making disbursements, if any, in | 3 | | accordance with
this Act and for the purpose of paying the | 4 | | ordinary and contingent expenses of
the Council.
| 5 | | The Fund may be divided into different accounts with | 6 | | different
depositories to fulfill the purposes of the Act as | 7 | | determined by the Council.
| 8 | | Moneys in the Fund at the end of a State fiscal year
shall | 9 | | be carried forward to the next fiscal year and shall not revert | 10 | | to
the General Revenue Fund.
| 11 | | Notwithstanding any other law to the contrary, the | 12 | | Drycleaner Environmental Response Trust Fund is not subject to | 13 | | sweeps, administrative charge-backs, or any other fiscal | 14 | | maneuver that would in any way transfer any amounts from the | 15 | | Drycleaner Environmental Response Trust Fund into any other | 16 | | fund of the State. | 17 | | (b) The specific purposes of the Fund include but are not | 18 | | limited to
the following:
| 19 | | (1) To establish an account to fund remedial action of | 20 | | drycleaning
solvent releases from drycleaning facilities | 21 | | as provided by
Section 40.
| 22 | | (2) To establish an insurance account for insuring | 23 | | environmental risks
from releases from drycleaning | 24 | | facilities within this State as
provided by Section 45.
| 25 | | (c) The State, the General Revenue Fund, and any other Fund | 26 | | of
the
State, other than the Drycleaner Environmental Response |
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| 1 | | Trust Fund, shall not
be
liable for a claim or cause of action | 2 | | in connection with a drycleaning facility
not owned or operated | 3 | | by the State or an agency of the State. All expenses
incurred | 4 | | by the Fund shall be payable solely from the Fund and
no | 5 | | liability or obligation shall be imposed upon the State. The | 6 | | State is not
liable for a claim presented against the Fund.
| 7 | | (d) The liability of the Fund is limited to the extent of | 8 | | coverage provided
by the account under which a claim is | 9 | | submitted, subject to the terms and
conditions of that | 10 | | coverage. The liability of the Fund is further limited by
the | 11 | | moneys made available to the Fund, and no remedy shall be | 12 | | ordered
that would require the Fund to exceed its then current | 13 | | funding limitations
to satisfy an award or which would restrict | 14 | | the availability of moneys for
higher priority sites.
| 15 | | (e) Nothing in this Act shall be construed to limit, | 16 | | restrict, or affect the
authority and powers of the Agency or | 17 | | another State agency or statute unless
the
State agency or | 18 | | statute is specifically referenced and the limitation is
| 19 | | clearly set forth in this Act.
| 20 | | (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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