100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2443

 

Introduced 1/30/2018, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 135/10

    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.


LRB100 16846 MJP 31987 b

 

 

A BILL FOR

 

SB2443LRB100 16846 MJP 31987 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drycleaner Environmental Response Trust
5Fund 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
9created as a special fund in the State Treasury. Moneys
10deposited into the Fund shall be used solely for the purposes
11of the Council and for other purposes as provided in this Act.
12The Fund shall include moneys credited to the Fund under this
13Act and other moneys that by law may be credited to the Fund.
14The State Treasurer may invest Funds deposited into the Fund at
15the direction of the Council. Interest, income from the
16investments, and other income earned by the Fund shall be
17credited to and deposited into the Fund.
18    Pursuant to appropriation, all moneys in the Drycleaner
19Environmental Response Trust Fund shall be disbursed by the
20Agency to the Council for the purpose of making disbursements,
21if any, in accordance with this Act and for the purpose of
22paying the ordinary and contingent expenses of the Council.
23After June 30, 1999, pursuant to appropriation, all moneys in

 

 

SB2443- 2 -LRB100 16846 MJP 31987 b

1the Drycleaner Environmental Response Trust Fund may be used by
2the Council for the purpose of making disbursements, if any, in
3accordance with this Act and for the purpose of paying the
4ordinary and contingent expenses of the Council.
5    The Fund may be divided into different accounts with
6different depositories to fulfill the purposes of the Act as
7determined by the Council.
8    Moneys in the Fund at the end of a State fiscal year shall
9be carried forward to the next fiscal year and shall not revert
10to the General Revenue Fund.
11    Notwithstanding any other law to the contrary, the
12Drycleaner Environmental Response Trust Fund is not subject to
13sweeps, administrative charge-backs, or any other fiscal
14maneuver that would in any way transfer any amounts from the
15Drycleaner Environmental Response Trust Fund into any other
16fund of the State.
17    (b) The specific purposes of the Fund include but are not
18limited 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
26of the State, other than the Drycleaner Environmental Response

 

 

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1Trust Fund, shall not be liable for a claim or cause of action
2in connection with a drycleaning facility not owned or operated
3by the State or an agency of the State. All expenses incurred
4by the Fund shall be payable solely from the Fund and no
5liability or obligation shall be imposed upon the State. The
6State is not liable for a claim presented against the Fund.
7    (d) The liability of the Fund is limited to the extent of
8coverage provided by the account under which a claim is
9submitted, subject to the terms and conditions of that
10coverage. The liability of the Fund is further limited by the
11moneys made available to the Fund, and no remedy shall be
12ordered that would require the Fund to exceed its then current
13funding limitations to satisfy an award or which would restrict
14the availability of moneys for higher priority sites.
15    (e) Nothing in this Act shall be construed to limit,
16restrict, or affect the authority and powers of the Agency or
17another State agency or statute unless the State agency or
18statute is specifically referenced and the limitation is
19clearly 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
22becoming law.