Sen. James F. Clayborne Jr.
Filed: 5/15/2007
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1 | AMENDMENT TO HOUSE BILL 277
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2 | AMENDMENT NO. ______. Amend House Bill 277 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | adding Section 57.8a as follows: | ||||||
6 | (415 ILCS 5/57.8a new) | ||||||
7 | Sec. 57.8a. Assignment of payments from the Underground | ||||||
8 | Storage Tank Fund. | ||||||
9 | (a) If the Agency has formed a priority list for payment | ||||||
10 | under Section 57.8(a)(3) of this Act, an owner or operator on | ||||||
11 | the priority list may assign to any bank, financial | ||||||
12 | institution, lender, or other person that provides factoring or | ||||||
13 | financing to an owner or operator or to a consultant of an | ||||||
14 | owner or operator a full approved payment amount on the | ||||||
15 | priority list for which the owner or operator is awaiting | ||||||
16 | payment. The assignment must be made on an approved |
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1 | payment-by-approved payment basis and must be made on forms | ||||||
2 | prescribed by the Agency. No assignment under this Section | ||||||
3 | prevents or affects the right of the State Comptroller to make | ||||||
4 | the deductions and off-sets provided in Section 10.05 of the | ||||||
5 | State Comptroller Act. | ||||||
6 | (b) The making of an assignment under this Section shall | ||||||
7 | not affect an owner's or operator's right to appeal an Agency | ||||||
8 | decision as provided in this Title. No assignee shall have a | ||||||
9 | right to appeal an Agency decision as provided in this Title. | ||||||
10 | (c) An owner's or operator's assignment under this Section | ||||||
11 | is irrevocable and may be made to only one assignee. The State | ||||||
12 | shall pay the assigned amount, subject to right of the State | ||||||
13 | Comptroller to make the deductions and off-sets provided in | ||||||
14 | Section 10.05 of the State Comptroller Act, to this one | ||||||
15 | assignee only and shall not pay the assigned amount to any | ||||||
16 | subsequent assignee of the one assignee. | ||||||
17 | (d) The State and its officers and employees are discharged | ||||||
18 | of all liability upon payment of the assigned amount to the | ||||||
19 | assignee. The assignor and assignee shall hold harmless and | ||||||
20 | indemnify the State and its officers and employees from all | ||||||
21 | claims, actions, suits, complaints, and liabilities related to | ||||||
22 | the assignment. | ||||||
23 | (e) An assignee may use funds received for any purpose | ||||||
24 | including, without limitation, paying principal, interest, or | ||||||
25 | other costs due on any financing made by the assignee. To the | ||||||
26 | extent an owner or operator incurs costs associated with making |
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1 | an assignment under this Section, the owner or operator may not | ||||||
2 | seek reimbursement of those costs from the Fund.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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