State of Illinois
92nd General Assembly
Legislation

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92_SB1069eng

 
SB1069 Engrossed                               LRB9208179LBfg

 1        AN ACT in relation to drycleaning.

 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.  The  Drycleaner  Environmental  Response  Trust
 8    Fund.
 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
13    Act.  The Fund shall include  moneys  credited  to  the  Fund
14    under  this  Act and other moneys that by law may be credited
15    to the Fund.  The State Treasurer may invest Funds  deposited
16    into  the  Fund  at  the direction of the Council.  Interest,
17    income from the investments, and other income earned  by  the
18    Fund shall be credited to and deposited into the Fund.
19        Pursuant  to  appropriation, all moneys in the Drycleaner
20    Environmental Response Trust Fund shall be disbursed  by  the
21    Agency   to   the   Council   for   the   purpose  of  making
22    disbursements, if any, in accordance with this  Act  and  for
23    the purpose of paying the ordinary and contingent expenses of
24    the  Council. After June 30, 1999, pursuant to appropriation,
25    all moneys in the  Drycleaner  Environmental  Response  Trust
26    Fund  may  be  used  by the Council for the purpose of making
27    disbursements, if any, in accordance with this  Act  and  for
28    the purpose of paying the ordinary and contingent expenses of
29    the Council.
30        The  Fund  may  be  divided  into different accounts with
31    different depositories to fulfill the purposes of the Act  as
 
SB1069 Engrossed            -2-                LRB9208179LBfg
 1    determined by the Council.
 2        Moneys  in  the  Fund  at  the end of a State fiscal year
 3    shall be carried forward to the next fiscal  year  and  shall
 4    not revert to the General Revenue Fund.
 5        (b)  The  specific  purposes  of the Fund include but are
 6    not limited to the following:
 7             (1)  To establish an account to fund remedial action
 8        of  drycleaning    solvent  releases   from   drycleaning
 9        facilities as provided by Section 40.
10             (2)  To  establish an insurance account for insuring
11        environmental  risks    from  releases  from  drycleaning
12        facilities within this State as provided by Section 45.
13        (c)  The State, the General Revenue Fund, and  any  other
14    Fund  of  the  State, other than the Drycleaner Environmental
15    Response Trust Fund, shall not be liable for a claim or cause
16    of action in connection with a drycleaning facility not owned
17    or operated by the State or an  agency  of  the  State.   All
18    expenses  incurred  by  the Fund shall be payable solely from
19    the Fund and no liability or obligation shall be imposed upon
20    the State. The State is not  liable  for  a  claim  presented
21    against the Fund.
22        (d)  The  liability  of the Fund is limited to the extent
23    of coverage provided by the account under which  a  claim  is
24    submitted,  subject  to  the  terms  and  conditions  of that
25    coverage.  The liability of the Fund is  further  limited  by
26    the moneys made available to the Fund, and no remedy shall be
27    ordered  that  would  require  the  Fund  to  exceed its then
28    current funding limitations to  satisfy  an  award  or  which
29    would restrict the availability of moneys for higher priority
30    sites.
31        (e)  Nothing  in  this  Act  shall be construed to limit,
32    restrict, or affect the authority and powers of the Agency or
33    another State agency or statute unless the  State  agency  or
34    statute  is  specifically  referenced  and  the limitation is
 
SB1069 Engrossed            -3-                LRB9208179LBfg
 1    clearly set forth in this Act.
 2    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)

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