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90_SB1286eng
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 Engrossed LRB9008849SMdv
1 AN ACT to amend the Registered Titles (Torrens) Act by
2 changing Sections 100 and 102 and by adding Section 100.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Registered Titles (Torrens) Act is
6 amended by changing Sections 100 and 102 and by adding
7 Section 100.1 as follows:
8 (765 ILCS 35/100) (from Ch. 30, par. 137)
9 Sec. 100. All sums of money received pursuant to Sections
10 40, 99, and 108 of this Act shall be paid by the registrar to
11 the county treasurer of the county in which the land is
12 situated, for the purpose of maintaining an indemnity fund
13 under the terms of this Act. It shall be the duty of the
14 treasurer to invest all of the fund, including both principal
15 and income, from time to time if not immediately required for
16 payments of indemnities in accordance with Division 3-11 and
17 other applicable provisions of the Counties Code. The county
18 treasurer shall report annually to the county board the
19 condition and income of the fund and forward a copy of the
20 report to the registrar.
21 The report shall show the claims made against the
22 indemnity fund and paid by the indemnity fund for each of the
23 prior 10 years. If the report shows that the claims paid in
24 any single year over the prior 10 years have not exceeded 5%
25 of the current indemnity fund balance, then the registrar,
26 county board president, or a county commissioner may seek
27 full board action preserving so much of the indemnity fund as
28 exceeds no less than 20 times the highest amount of total
29 claims paid in any single year over the prior 10 years, and
30 releasing the remainder of the indemnity fund for the
31 establishment of a lead poisoning prevention fund, to be used
SB1286 Engrossed -2- LRB9008849SMdv
1 exclusively as provided in Section 100.1 for lead poisoning
2 prevention, including the mitigation and abatement of lead
3 paint in residential buildings where the existence of lead
4 paint poses or could pose a health risk to children. Upon
5 the statutory expiration of all potential claims to the
6 indemnity fund, the entirety of the indemnity fund shall be
7 placed in the lead poisoning prevention fund.
8 (Source: P.A. 86-1475.)
9 (765 ILCS 35/100.1 new)
10 Sec. 100.1. Lead poisoning prevention fund. The lead
11 poisoning prevention fund shall be used to provide financial
12 assistance to owners of residential property located within
13 the county to pay for the costs associated with lead
14 mitigation and abatement, as defined in the Lead Poisoning
15 Prevention Act, and to fund such other related activities as
16 provided herein.
17 (a) Use of principal. The principal of the fund shall
18 be used exclusively to provide financial assistance to owners
19 of residential property within the county to pay for the
20 costs associated with lead mitigation and abatement through
21 loans, grants, and other assistance the county deems
22 appropriate. In order to assure the continued availability
23 of funds for lead poisoning prevention, the county shall give
24 due consideration to providing the financial assistance in
25 the form of loans to property owners to finance lead
26 mitigation and abatement in their properties.
27 (1) The county shall establish reasonable criteria
28 for eligibility for the loans.
29 (2) In determining the eligibility for assistance,
30 priority shall be given to property owners who have
31 received a mitigation notice, a mitigation order, or an
32 abatement order under the Lead Poisoning Prevention Act,
33 and to other factors, including the immediacy of risk
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1 that the lead in the structure poses to children.
2 (b) Use of interest. The county shall invest in
3 accordance with the Counties Code the principal and interest
4 of the fund which is not being used for disbursements of
5 financial assistance to property owners. All interest which
6 accrues on investment of the fund's principal and interest
7 and on loans shall be deposited into the fund.
8 (1) The county may expend up to 30% of the interest
9 on the fund investments and loans from the fund for the
10 expenses of the county that are directly attributable to
11 the administration of the fund.
12 (2) Any interest or other dividends resulting from
13 the investment of lead poisoning prevention fund monies
14 pursuant to this subsection (b), and any interest
15 received pursuant to loans made by the lead poisoning
16 prevention fund, may be expended as provided in
17 subsection (a) or for other lead poisoning prevention
18 activities, such as education, community outreach, and
19 other activities the county deems appropriate in the
20 prevention of lead poisoning.
21 (c) Voluntary participation. No property owner shall be
22 required to participate in the assistance program established
23 under this Act or under the implementing county ordinance.
24 (d) No preemption. This amendatory Act of 1998 does not
25 preempt, rescind, modify, or revise any local, State, or
26 federal laws or rules governing lead paint mitigation or
27 abatement or lead poisoning prevention.
28 (765 ILCS 35/102) (from Ch. 30, par. 139)
29 Sec. 102. The indemnity fund shall be held, except as
30 provided in Sections 100 and 100.1, to satisfy judgments
31 obtained or claims allowed against the county for losses or
32 damages as aforesaid. Such claims for damages shall be
33 presented to the registrar and county board, and such county
SB1286 Engrossed -4- LRB9008849SMdv
1 board is hereby authorized and empowered to allow or reject
2 the same and to provide for the payment of such claims as may
3 be allowed. No claims for such losses or damages shall be
4 allowed and paid by any such county board unless upon the
5 recommendation of the registrar who shall be in office at the
6 time the claim shall be allowed. The county board shall
7 grant or deny such claims in whole or in part within 60 days
8 from the date of the receipt thereof by the county board. In
9 the event the county board shall fail to grant or deny such
10 claims in whole or in part within 60 days from the date of
11 the receipt thereof, the claims are deemed to be denied.
12 Judicial review may be had in accordance with Administrative
13 Review Law as heretofore or hereafter amended.
14 (Source: P.A. 82-783.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.