Bill Text: IL SB2506 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Drycleaner Environmental Response Trust Fund Act. Provides that the Department of Revenue may accept payment of the license fee required under the Act by credit card only if the Department is not required to pay a discount fee charged by the credit card issuer. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2506 Detail]

Download: Illinois-2011-SB2506-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2506 Introduced 10/24/2011, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
415 ILCS 135/60
Amends the Drycleaner Environmental Response Trust Fund Act. Provides that the Department of Revenue may accept payment of the license fee required under the Act by credit card only if the Department is not required to pay a discount fee charged by the credit card issuer. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Section 60 as follows:
(415 ILCS 135/60)
(Section scheduled to be repealed on January 1, 2020)
Sec. 60. Drycleaning facility license.
(a) On and after January 1, 1998, no person shall operate a
drycleaning facility in this State without a license issued by
the Council.
(b) The Council shall issue an initial or renewal license
to a drycleaning facility on submission by an applicant of a
completed form prescribed by the Council, proof of payment of
the required fee to the Department of Revenue, and, if the
drycleaning facility has previously received or is currently
receiving reimbursement for the costs of a remedial action, as
defined in this Act, proof of compliance with subsection (j) of
Section 40.
(c) On or after January 1, 2004, the annual fees for
licensure are as follows:
(1) $500 for a facility that uses (i) 50 gallons or
less of chlorine-based or green drycleaning solvents

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annually, (ii) 250 or less gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine equipped with a solvent reclaimer, or (iii) 500
gallons or less annually of hydrocarbon-based drycleaning
solvents in a drycleaning machine without a solvent
reclaimer.
(2) $500 for a facility that uses (i) more than 50
gallons but not more than 100 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 250
gallons but not more 500 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 500
gallons but not more than 1,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(3) $500 for a facility that uses (i) more than 100
gallons but not more than 150 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 500
gallons but not more than 750 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 1,000
gallons but not more than 1,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(4) $1,000 for a facility that uses (i) more than 150
gallons but not more than 200 gallons of chlorine-based or

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green drycleaning solvents annually, (ii) more than 750
gallons but not more than 1,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 1,500
gallons but not more than 2,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(5) $1,000 for a facility that uses (i) more than 200
gallons but not more than 250 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 1,000
gallons but not more than 1,250 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 2,000
gallons but not more than 2,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(6) $1,000 for a facility that uses (i) more than 250
gallons but not more than 300 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 1,250
gallons but not more than 1,500 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 2,500
gallons but not more than 3,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(7) $1,000 for a facility that uses (i) more than 300

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gallons but not more than 350 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 1,500
gallons but not more than 1,750 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 3,000
gallons but not more than 3,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(8) $1,500 for a facility that uses (i) more than 350
gallons but not more than 400 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 1,750
gallons but not more than 2,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 3,500
gallons but not more than 4,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(9) $1,500 for a facility that uses (i) more than 400
gallons but not more than 450 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 2,000
gallons but not more than 2,250 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 4,000
gallons but not more than 4,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.

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(10) $1,500 for a facility that uses (i) more than 450
gallons but not more than 500 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 2,250
gallons but not more than 2,500 gallons annually of
hydrocarbon-based solvents used in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 4,500
gallons but not more than 5,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(11) $1,500 for a facility that uses (i) more than 500
gallons but not more than 550 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 2,500
gallons but not more than 2,750 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 5,000
gallons but not more than 5,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(12) $1,500 for a facility that uses (i) more than 550
gallons but not more than 600 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 2,750
gallons but not more than 3,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 5,500
gallons but not more than 6,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning

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machine without a solvent reclaimer.
(13) $1,500 for a facility that uses (i) more than 600
gallons of chlorine-based or green drycleaning solvents
annually, (ii) more than 3,000 gallons but not more than
3,250 gallons annually of hydrocarbon-based solvents in a
drycleaning machine equipped with a solvent reclaimer, or
(iii) more than 6,000 gallons of hydrocarbon-based
drycleaning solvents annually in a drycleaning machine
equipped without a solvent reclaimer.
(14) $1,500 for a facility that uses more than 3,250
gallons but not more than 3,500 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer.
(15) $1,500 for a facility that uses more than 3,500
gallons but not more than 3,750 gallons annually of
hydrocarbon-based solvents used in a drycleaning machine
equipped with a solvent reclaimer.
(16) $1,500 for a facility that uses more than 3,750
gallons but not more than 4,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer.
(17) $1,500 for a facility that uses more than 4,000
gallons annually of hydrocarbon-based solvents in a
drycleaning machine equipped with a solvent reclaimer.
For purpose of this subsection, the quantity of drycleaning
solvents used annually shall be determined as follows:

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(1) in the case of an initial applicant, the quantity
of drycleaning solvents that the applicant estimates will
be used during his or her initial license year. A fee
assessed under this subdivision is subject to audited
adjustment for that year; or
(2) in the case of a renewal applicant, the quantity of
drycleaning solvents actually purchased in the preceding
license year.
The Council may adjust licensing fees annually based on the
published Consumer Price Index - All Urban Consumers ("CPI-U")
or as otherwise determined by the Council.
(d) A license issued under this Section shall expire one
year after the date of issuance and may be renewed on
reapplication to the Council and submission of proof of payment
of the appropriate fee to the Department of Revenue in
accordance with subsections (c) and (e). At least 30 days
before payment of a renewal licensing fee is due, the Council
shall attempt to:
(1) notify the operator of each licensed drycleaning
facility concerning the requirements of this Section; and
(2) submit a license fee payment form to the licensed
operator of each drycleaning facility.
(e) An operator of a drycleaning facility shall submit the
appropriate application form provided by the Council with the
license fee in the form of cash, credit card, business check,
or guaranteed remittance, or credit card to the Department of

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Revenue. The Department may accept payment of the license fee
under this Section by credit card only if the Department is not
required to pay a discount fee charged by the credit card
issuer. The license fee payment form and the actual license fee
payment shall be administered by the Department of Revenue
under rules adopted by that Department.
(f) The Department of Revenue shall issue a proof of
payment receipt to each operator of a drycleaning facility who
has paid the appropriate fee in cash or by guaranteed
remittance, or credit card, or business check. However, the
Department of Revenue shall not issue a proof of payment
receipt to a drycleaning facility that is liable to the
Department of Revenue for a tax imposed under this Act. The
original receipt shall be presented to the Council by the
operator of a drycleaning facility.
(g) (Blank).
(h) The Council and the Department of Revenue may adopt
rules as necessary to administer the licensing requirements of
this Act.
(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11;
97-377, eff. 1-1-12; revised 10-4-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.