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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.
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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.
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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
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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.