[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 002 ] | [ Conference Committee Report 001 ] |
90_SB1286sam001
LRB9008849SMdvam04
1 AMENDMENT TO SENATE BILL 1286
2 AMENDMENT NO. . Amend Senate Bill 1286 by replacing
3 the title with the following:
4 "AN ACT to amend the Registered Titles (Torrens) Act by
5 changing Sections 100 and 102 and by adding Section 100.1.";
6 and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Registered Titles (Torrens) Act is
10 amended by changing Sections 100 and 102 and by adding
11 Section 100.1 as follows:
12 (765 ILCS 35/100) (from Ch. 30, par. 137)
13 Sec. 100. All sums of money received pursuant to Sections
14 40, 99, and 108 of this Act shall be paid by the registrar to
15 the county treasurer of the county in which the land is
16 situated, for the purpose of maintaining an indemnity fund
17 under the terms of this Act. It shall be the duty of the
18 treasurer to invest all of the fund, including both principal
19 and income, from time to time if not immediately required for
20 payments of indemnities in accordance with Division 3-11 and
21 other applicable provisions of the Counties Code. The county
-2- LRB9008849SMdvam04
1 treasurer shall report annually to the county board the
2 condition and income of the fund and forward a copy of the
3 report to the registrar.
4 The report shall show the claims made against the
5 indemnity fund and paid by the indemnity fund for each of the
6 prior 10 years. If the report shows that the claims paid in
7 any single year over the prior 10 years have not exceeded 5%
8 of the current indemnity fund balance, then the registrar,
9 county board president, or a county commissioner may seek
10 full board action preserving so much of the indemnity fund as
11 exceeds no less than 20 times the highest amount of total
12 claims paid in any single year over the prior 10 years, and
13 releasing the remainder of the indemnity fund for the
14 establishment of a lead poisoning prevention fund, to be used
15 exclusively as provided in Section 100.1 for lead poisoning
16 prevention, including the mitigation and abatement of lead
17 paint in residential buildings where the existence of lead
18 paint poses or could pose a health risk to children. Upon
19 the statutory expiration of all potential claims to the
20 indemnity fund, the entirety of the indemnity fund shall be
21 placed in the lead poisoning prevention fund.
22 (Source: P.A. 86-1475.)
23 (765 ILCS 35/100.1 new)
24 Sec. 100.1. Lead poisoning prevention fund. The lead
25 poisoning prevention fund shall be used to provide financial
26 assistance to owners of residential property located within
27 the county to pay for the costs associated with lead
28 mitigation and abatement, as defined in the Lead Poisoning
29 Prevention Act, and to fund such other related activities as
30 provided herein.
31 (a) Use of principal. The principal of the fund shall
32 be used exclusively to provide financial assistance to owners
33 of residential property within the county to pay for the
-3- LRB9008849SMdvam04
1 costs associated with lead mitigation and abatement through
2 loans, grants, and other assistance the county deems
3 appropriate. In order to assure the continued availability
4 of funds for lead poisoning prevention, the county shall give
5 due consideration to providing the financial assistance in
6 the form of loans to property owners to finance lead
7 mitigation and abatement in their properties.
8 (1) The county shall establish reasonable criteria
9 for eligibility for the loans.
10 (2) In determining the eligibility for assistance,
11 priority shall be given to property owners who have
12 received a mitigation notice, a mitigation order, or an
13 abatement order under the Lead Poisoning Prevention Act,
14 and to other factors, including the immediacy of risk
15 that the lead in the structure poses to children.
16 (b) Use of interest. The county shall invest in
17 accordance with the Counties Code the principal and interest
18 of the fund which is not being used for disbursements of
19 financial assistance to property owners. All interest which
20 accrues on investment of the fund's principal and interest
21 and on loans shall be deposited into the fund.
22 (1) The county may expend up to 30% of the interest
23 on the fund investments and loans from the fund for the
24 expenses of the county that are directly attributable to
25 the administration of the fund.
26 (2) Any interest or other dividends resulting from
27 the investment of lead poisoning prevention fund monies
28 pursuant to this subsection (b), and any interest
29 received pursuant to loans made by the lead poisoning
30 prevention fund, may be expended as provided in
31 subsection (a) or for other lead poisoning prevention
32 activities, such as education, community outreach, and
33 other activities the county deems appropriate in the
34 prevention of lead poisoning.
-4- LRB9008849SMdvam04
1 (c) Voluntary participation. No property owner shall be
2 required to participate in the assistance program established
3 under this Act or under the implementing county 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 (765 ILCS 35/102) (from Ch. 30, par. 139)
9 Sec. 102. The indemnity fund shall be held, except as
10 provided in Sections 100 and 100.1, to satisfy judgments
11 obtained or claims allowed against the county for losses or
12 damages as aforesaid. Such claims for damages shall be
13 presented to the registrar and county board, and such county
14 board is hereby authorized and empowered to allow or reject
15 the same and to provide for the payment of such claims as may
16 be allowed. No claims for such losses or damages shall be
17 allowed and paid by any such county board unless upon the
18 recommendation of the registrar who shall be in office at the
19 time the claim shall be allowed. The county board shall
20 grant or deny such claims in whole or in part within 60 days
21 from the date of the receipt thereof by the county board. In
22 the event the county board shall fail to grant or deny such
23 claims in whole or in part within 60 days from the date of
24 the receipt thereof, the claims are deemed to be denied.
25 Judicial review may be had in accordance with Administrative
26 Review Law as heretofore or hereafter amended.
27 (Source: P.A. 82-783.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".