SB1704ham002 95TH GENERAL ASSEMBLY

Rep. Jay C. Hoffman

Filed: 7/12/2007

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AMENDMENT TO SENATE BILL 1704

AMENDMENT NO. ______. Amend Senate Bill 1704, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, as follows:

on page 13, by replacing lines 8 through 11 with the following:

"Section 50. Jurisdiction. The Court of Claims has jurisdiction concerning any public liability action arising under this Act or arising from the operation of the FutureGen Project, except that a public liability action may be brought in the circuit court if the cause of action is one of personal injury or wrongful death and the injury or death was proximately caused by the storage, escape, release, or migration of the post-injection sequestered gas that was injected during the operation of the FutureGen Project by the FutureGen Alliance, and the circuit court is"; and

on page 26, by replacing lines 19 through 24 with the following:

"Sec. 8.5. Jurisdiction concerning the FutureGen Project. The Court of Claims has jurisdiction concerning any public liability action, as defined in the Clean Coal FutureGen for Illinois Act, arising under that Act or arising from the operation of the FutureGen Project, except that a public liability action may be brought in the circuit court if the cause of action is one of personal injury or wrongful death and the injury or death was proximately caused by the storage, escape, release, or migration of the post-injection sequestered gas that was injected during the operation of the FutureGen Project by the FutureGen Alliance, and the circuit court is granted jurisdiction over these matters."; and

on page 27, by deleting line 1.