95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0277


 
Introduced 1/19/2007, by Rep. Thomas Holbrook
 
SYNOPSIS AS INTRODUCED:
 		













415 ILCS 5/57.8a new










    Amends the Environmental Protection Act.  Provides that if the Environmental Protection Agency has formed a priority list for payment out of the Underground Storage Tank Fund, an owner or operator on the priority list may assign to a person that is in the business of receiving assignments of payments from the Fund the full approved payment amount on the list for which the owner or operator is awaiting payment. Provides that the Agency shall prescribe forms for such an assignment. Provides specific limitations on the assignment. Effective immediately.
















LRB095 04509 CMK 24562 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0277

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    AN ACT concerning safety.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Environmental Protection Act is amended  by 
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adding Section 57.8a as follows:
 
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    (415 ILCS 5/57.8a  new)
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    Sec. 57.8a. Assignment of payments from the Underground 
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Storage Tank Fund.
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    (a) If the Agency has formed a priority list for payment 
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under Section 57.8(a)(3) of this Act, an owner or operator on 
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the priority list may assign to a person that is in the 
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business of receiving assignments of payments from the Fund the 
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full approved payment amount on the list for which the owner or 
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operator is awaiting payment. The assignment must be made on 
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forms prescribed by the Agency.  No assignment under this 
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Section prevents or affects the right of the State Comptroller 
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to make the deductions and off-sets provided in Section 10.05 
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of the State Comptroller Act.
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    (b) An assignee has no right of appeal relating to the 
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assigned payment.
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    (c) An owner's or operator's assignment under this Section 
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is irrevocable and may be made to only one assignee. The State 
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shall pay the assigned amount to this one assignee only and 
 


 






HB0277
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shall not pay the assigned amount to any subsequent assignee of 
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the one assignee.
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    (d)  The State and its officers and employees are discharged 
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of all liability upon payment of the assigned amount to the 
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assignee.  The assignor and assignee shall hold harmless and 
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indemnify the State and its officers and employees from all 
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claims, actions, suits, complaints, and liabilities related to 
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the assignment.
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    (e) Costs associated with the assignment of a payment under 
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this Section are not eligible for payment from the Fund.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.