Public Act 90-0778 of the 90th General Assembly
Public Act 90-0778
SB1286 Enrolled LRB9008849SMdv
AN ACT to amend the Registered Titles (Torrens) Act by
changing Sections 100 and 102 and by adding Sections 102.1
and 102.2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Registered Titles (Torrens) Act is
amended by changing Sections 100 and 102 and adding Sections
102.1 and 102.2 as follows:
(765 ILCS 35/100) (from Ch. 30, par. 137)
Sec. 100. All sums of money received pursuant to Sections
40, 99, and 108 of this Act shall be paid by the registrar to
the county treasurer of the county in which the land is
situated, for the purpose of maintaining an indemnity fund
under the terms of this Act, and for the purposes provided
for in Sections 102.1 and 102.2. It shall be the duty of the
treasurer to invest all of the fund, including both principal
and income, from time to time if not immediately required for
payments of indemnities in accordance with Division 3-11 and
other applicable provisions of the Counties Code. The county
treasurer shall report annually to the county board the
condition and income of the fund and forward a copy of the
report to the registrar.
(Source: P.A. 86-1475.)
(765 ILCS 35/102) (from Ch. 30, par. 139)
Sec. 102. Except as otherwise provided in Sections 102.1
and 102.2 of this Act, the indemnity fund shall be held to
satisfy judgments obtained or claims allowed against the
county for losses or damages as aforesaid. Such claims for
damages shall be presented to the registrar and county board,
and such county board is hereby authorized and empowered to
allow or reject the same and to provide for the payment of
such claims as may be allowed. No claims for such losses or
damages shall be allowed and paid by any such county board
unless upon the recommendation of the registrar who shall be
in office at the time the claim shall be allowed. The county
board shall grant or deny such claims in whole or in part
within 60 days from the date of the receipt thereof by the
county board. In the event the county board shall fail to
grant or deny such claims in whole or in part within 60 days
from the date of the receipt thereof, the claims are deemed
to be denied. Judicial review may be had in accordance with
Administrative Review Law as heretofore or hereafter amended.
(Source: P.A. 82-783.)
(765 ILCS 35/102.1 new)
Sec. 102.1. Excess funds.
(a) The county board may determine that monies in excess
of the funds necessary to satisfy judgments obtained or
claims allowed against the indemnity fund exist in the
indemnity fund. In determining whether an excess of monies
exists, the county shall seek such input and gather such
information as is necessary to assist the county in making
the determination. The input and information shall include
an actuarial study, or such other studies, input, or data the
county deems appropriate, whether undertaken at the direction
of the county or by third parties in connection with the
bidding for or offering of insurance to cover the county's
obligations under this Act. If the county incurs any expense
in gathering the information, including the actuarial study,
the costs shall be paid from the indemnity fund.
(b) The county may purchase private insurance to meet
the county's obligations under this Act. If the county does
purchase such insurance, the cost of the insurance shall be
paid out of the indemnity fund.
(c) If the county determines that an excess of monies
exists in the indemnity fund, the county may transfer the
excess monies to a lead poisoning prevention fund, and may
expend the monies in accordance with the provisions of
Section 102.2 of this Act. The county may also transfer and
expend excess indemnity fund monies for the benefit of owners
of real property in the county as the county deems
appropriate, provided that at least 50% of the aggregate of
monies that have been deemed to be excess monies have been
transferred to the lead poisoning prevention fund. The
county may not expend any excess indemnity fund monies for
any purpose other than lead poisoning prevention until it has
first designed, implemented, and started making loan or grant
payments under the lead poisoning prevention program as
provided in Section 102.2.
(d) Upon the statutory expiration of all potential
indemnity fund claims, any monies remaining in the indemnity
fund shall be deemed to be excess monies and shall be
expended in accordance with the provisions of this Section.
(765 ILCS 35/102.2 new)
Sec. 102.2. Lead poisoning prevention fund. The lead
poisoning prevention fund established with excess indemnity
fund monies as provided in Section 102.1 of this Act shall be
used to establish a program to provide financial assistance
to owners of residential property located within the county
to pay for the cost associated with lead mitigation and
abatement, as defined in the Lead Poisoning Prevention Act,
and to fund such other related activities as provided in this
Section. Reasonable expenses for the administration of the
program established pursuant to this Section shall be paid
from the lead poisoning prevention fund. State, federal, or
private grants may be sought to supplement the lead poisoning
prevention fund.
(a) Use of principal. The principal of the fund shall
be used to provide financial assistance to owners of
residential property within the county to pay for the costs
associated with lead mitigation and abatement through loans,
grants, and other assistance the county deems appropriate.
In order to assure the continued availability of funds for
lead poisoning prevention, the county shall give due
consideration to providing the financial assistance in the
form of loans to property owners to finance lead mitigation
and abatement in their properties.
(1) The county shall establish reasonable criteria
for eligibility for the loans, grants, and other
assistance.
(2) In determining the eligibility for assistance,
priority shall be given to property owners who have
received a mitigation notice, a mitigation order, or an
abatement order under the Lead Poisoning Prevention Act,
and to other factors, including the immediacy of risk
that the lead in the structure poses to children.
(b) Use of interest. The county shall invest in
accordance with the Counties Code the principal and interest
of the fund which is not being used for disbursement of
financial assistance to property owners. All interest which
accrues on investment of the fund's principal and interest
and on loans shall be deposited into the fund. Any interest
or other dividends resulting from the investment of lead
poisoning prevention fund monies pursuant to this subsection
(b), and any interest received pursuant to loans made by the
lead poisoning prevention fund, may be expended as provided
in subsection (a) or for other lead poisoning prevention
activities, such as education, community outreach, and other
activities the county deems appropriate in the prevention of
lead poisoning.
(c) Voluntary participation. No property owner shall
be required to participate in the assistance program
established under this Act or under the implementing county
ordinance.
(d) No preemption. This amendatory Act of 1998 does not
preempt, rescind, modify, or revise any local, State, or
federal laws or rules governing lead paint mitigation or
abatement or lead poisoning prevention.
(e) Insufficient funds. Notwithstanding any other
provision of this Act, if the county determines that the
balance of funds in the indemnity fund is insufficient to
cover the present and future obligations of the indemnity
fund, the county may provide for the transfer of funds from
the lead poisoning prevention fund, or from any other fund to
which excess monies have been transferred, to the indemnity
fund. The level of such transfer shall not exceed the amount
necessary to satisfy any current obligation of the indemnity
fund.
Section 99. Effective date. This Act takes effect upon
becoming law.