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|[ Introduced ]||[ Engrossed ]||[ House Amendment 002 ]|
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90_SB1286enr 765 ILCS 35/100 from Ch. 30, par. 137 765 ILCS 35/102 from Ch. 30, par. 139 Amends the Registered Titles (Torrens) Act. In a provision requiring the county treasurer to report to the county board on the condition and income of the indemnity fund held by the treasurer to satisfy claims against the county related to this Act, provides that the report shall show the claims made against the fund and paid by the fund for each of the prior 10 years and that if the report shows that the average amount of claims paid over the prior 10 years from the fund have been less than 5% of the fund's total current balance, and the claims have not exceeded 5% of the current fund in any single year, then the county board may preserve no less than 20 times the highest amount of total claims paid in any single year over the prior 10 years, and release the remainder of the fund to finance the abatement of lead paint in structures where children may be at risk. Provides that upon the statutory expiration of all potential claims to the fund, the entirety of the fund may be used for lead abatement, or other related purposes as the county board may then determine. Effective immediately. LRB9008849SMdv SB1286 Enrolled LRB9008849SMdv 1 AN ACT to amend the Registered Titles (Torrens) Act by 2 changing Sections 100 and 102 and by adding Sections 102.1 3 and 102.2. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Registered Titles (Torrens) Act is 7 amended by changing Sections 100 and 102 and adding Sections 8 102.1 and 102.2 as follows: 9 (765 ILCS 35/100) (from Ch. 30, par. 137) 10 Sec. 100. All sums of money received pursuant to Sections 11 40, 99, and 108 of this Act shall be paid by the registrar to 12 the county treasurer of the county in which the land is 13 situated, for the purpose of maintaining an indemnity fund 14 under the terms of this Act, and for the purposes provided 15 for in Sections 102.1 and 102.2. It shall be the duty of the 16 treasurer to invest all of the fund, including both principal 17 and income, from time to time if not immediately required for 18 payments of indemnities in accordance with Division 3-11 and 19 other applicable provisions of the Counties Code. The county 20 treasurer shall report annually to the county board the 21 condition and income of the fund and forward a copy of the 22 report to the registrar. 23 (Source: P.A. 86-1475.) 24 (765 ILCS 35/102) (from Ch. 30, par. 139) 25 Sec. 102. Except as otherwise provided in Sections 102.1 26 and 102.2 of this Act, the indemnity fund shall be held to 27 satisfy judgments obtained or claims allowed against the 28 county for losses or damages as aforesaid. Such claims for 29 damages shall be presented to the registrar and county board, 30 and such county board is hereby authorized and empowered to SB1286 Enrolled -2- LRB9008849SMdv 1 allow or reject the same and to provide for the payment of 2 such claims as may be allowed. No claims for such losses or 3 damages shall be allowed and paid by any such county board 4 unless upon the recommendation of the registrar who shall be 5 in office at the time the claim shall be allowed. The county 6 board shall grant or deny such claims in whole or in part 7 within 60 days from the date of the receipt thereof by the 8 county board. In the event the county board shall fail to 9 grant or deny such claims in whole or in part within 60 days 10 from the date of the receipt thereof, the claims are deemed 11 to be denied. Judicial review may be had in accordance with 12 Administrative Review Law as heretofore or hereafter amended. 13 (Source: P.A. 82-783.) 14 (765 ILCS 35/102.1 new) 15 Sec. 102.1. Excess funds. 16 (a) The county board may determine that monies in excess 17 of the funds necessary to satisfy judgments obtained or 18 claims allowed against the indemnity fund exist in the 19 indemnity fund. In determining whether an excess of monies 20 exists, the county shall seek such input and gather such 21 information as is necessary to assist the county in making 22 the determination. The input and information shall include 23 an actuarial study, or such other studies, input, or data the 24 county deems appropriate, whether undertaken at the direction 25 of the county or by third parties in connection with the 26 bidding for or offering of insurance to cover the county's 27 obligations under this Act. If the county incurs any expense 28 in gathering the information, including the actuarial study, 29 the costs shall be paid from the indemnity fund. 30 (b) The county may purchase private insurance to meet 31 the county's obligations under this Act. If the county does 32 purchase such insurance, the cost of the insurance shall be 33 paid out of the indemnity fund. SB1286 Enrolled -3- LRB9008849SMdv 1 (c) If the county determines that an excess of monies 2 exists in the indemnity fund, the county may transfer the 3 excess monies to a lead poisoning prevention fund, and may 4 expend the monies in accordance with the provisions of 5 Section 102.2 of this Act. The county may also transfer and 6 expend excess indemnity fund monies for the benefit of owners 7 of real property in the county as the county deems 8 appropriate, provided that at least 50% of the aggregate of 9 monies that have been deemed to be excess monies have been 10 transferred to the lead poisoning prevention fund. The 11 county may not expend any excess indemnity fund monies for 12 any purpose other than lead poisoning prevention until it has 13 first designed, implemented, and started making loan or grant 14 payments under the lead poisoning prevention program as 15 provided in Section 102.2. 16 (d) Upon the statutory expiration of all potential 17 indemnity fund claims, any monies remaining in the indemnity 18 fund shall be deemed to be excess monies and shall be 19 expended in accordance with the provisions of this Section. 20 (765 ILCS 35/102.2 new) 21 Sec. 102.2. Lead poisoning prevention fund. The lead 22 poisoning prevention fund established with excess indemnity 23 fund monies as provided in Section 102.1 of this Act shall be 24 used to establish a program to provide financial assistance 25 to owners of residential property located within the county 26 to pay for the cost associated with lead mitigation and 27 abatement, as defined in the Lead Poisoning Prevention Act, 28 and to fund such other related activities as provided in this 29 Section. Reasonable expenses for the administration of the 30 program established pursuant to this Section shall be paid 31 from the lead poisoning prevention fund. State, federal, or 32 private grants may be sought to supplement the lead poisoning 33 prevention fund. SB1286 Enrolled -4- LRB9008849SMdv 1 (a) Use of principal. The principal of the fund shall 2 be used to provide financial assistance to owners of 3 residential property within the county to pay for the costs 4 associated with lead mitigation and abatement through loans, 5 grants, and other assistance the county deems appropriate. 6 In order to assure the continued availability of funds for 7 lead poisoning prevention, the county shall give due 8 consideration to providing the financial assistance in the 9 form of loans to property owners to finance lead mitigation 10 and abatement in their properties. 11 (1) The county shall establish reasonable criteria 12 for eligibility for the loans, grants, and other 13 assistance. 14 (2) In determining the eligibility for assistance, 15 priority shall be given to property owners who have 16 received a mitigation notice, a mitigation order, or an 17 abatement order under the Lead Poisoning Prevention Act, 18 and to other factors, including the immediacy of risk 19 that the lead in the structure poses to children. 20 (b) Use of interest. The county shall invest in 21 accordance with the Counties Code the principal and interest 22 of the fund which is not being used for disbursement of 23 financial assistance to property owners. All interest which 24 accrues on investment of the fund's principal and interest 25 and on loans shall be deposited into the fund. Any interest 26 or other dividends resulting from the investment of lead 27 poisoning prevention fund monies pursuant to this subsection 28 (b), and any interest received pursuant to loans made by the 29 lead poisoning prevention fund, may be expended as provided 30 in subsection (a) or for other lead poisoning prevention 31 activities, such as education, community outreach, and other 32 activities the county deems appropriate in the prevention of 33 lead poisoning. 34 (c) Voluntary participation. No property owner shall SB1286 Enrolled -5- LRB9008849SMdv 1 be required to participate in the assistance program 2 established under this Act or under the implementing county 3 ordinance. 4 (d) No preemption. This amendatory Act of 1998 does not 5 preempt, rescind, modify, or revise any local, State, or 6 federal laws or rules governing lead paint mitigation or 7 abatement or lead poisoning prevention. 8 (e) Insufficient funds. Notwithstanding any other 9 provision of this Act, if the county determines that the 10 balance of funds in the indemnity fund is insufficient to 11 cover the present and future obligations of the indemnity 12 fund, the county may provide for the transfer of funds from 13 the lead poisoning prevention fund, or from any other fund to 14 which excess monies have been transferred, to the indemnity 15 fund. The level of such transfer shall not exceed the amount 16 necessary to satisfy any current obligation of the indemnity 17 fund. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.
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