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1 | AN ACT concerning burn victims.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Burn | ||||||||||||||||||||||||||
5 | Victims Relief Act , which may be referred to as the George | ||||||||||||||||||||||||||
6 | Bailey Memorial Law. | ||||||||||||||||||||||||||
7 | Section 5. The George Bailey Memorial Program. | ||||||||||||||||||||||||||
8 | (a) The George Bailey Memorial Program is created, under | ||||||||||||||||||||||||||
9 | which any burn victim who, through no fault of his or her own, | ||||||||||||||||||||||||||
10 | has become disabled and has been told by 2 independent | ||||||||||||||||||||||||||
11 | physicians that his or her prognosis is that he or she has less | ||||||||||||||||||||||||||
12 | than 18 months left to live shall immediately receive the 5 | ||||||||||||||||||||||||||
13 | months' pay that he or she would have received for Social | ||||||||||||||||||||||||||
14 | Security had there not been a mandatory 5-month waiting period. | ||||||||||||||||||||||||||
15 | The person shall receive the same amount that he or she would | ||||||||||||||||||||||||||
16 | receive under the federal Supplemental Security income | ||||||||||||||||||||||||||
17 | program, minus $25. This amount shall be paid in equal payments | ||||||||||||||||||||||||||
18 | for 5 months, ending after the end of the 5-month period or | ||||||||||||||||||||||||||
19 | upon the applicant's death. | ||||||||||||||||||||||||||
20 | As used in this Section, "through no fault of his or her | ||||||||||||||||||||||||||
21 | own" means that the individual is not the proximate cause of | ||||||||||||||||||||||||||
22 | his or her injury, through either gross negligence or by use of | ||||||||||||||||||||||||||
23 | a substance that is well known to possibly cause grave bodily |
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1 | injury by a short amount of use or exposure.
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2 | (b) Any moneys that a person or his or her estate, trust, | ||||||
3 | or heirs receive from a settlement for the injury that is the | ||||||
4 | proximate cause of person's disability under this Act shall be | ||||||
5 | used to repay the George Bailey Memorial Fund, except as | ||||||
6 | provided under subsection (k) of this Section. The moneys shall | ||||||
7 | be paid directly to the office of the Treasurer and shall be | ||||||
8 | forwarded to the fund minus a 20% administrative fee.
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9 | (c) Any person meeting the requirements of subsection (a) | ||||||
10 | and whose application to the Board is approved unanimously | ||||||
11 | shall be eligible to participate in the Program.
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12 | (d) Any active member of the United States armed forces | ||||||
13 | shall be eligible if he or she was a resident of Illinois for | ||||||
14 | at least 12 months before enlisting and he or she planned to | ||||||
15 | return to Illinois.
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16 | (e) Any legal resident of Illinois who, at the time of the | ||||||
17 | injury, was a resident of Illinois who would qualify under | ||||||
18 | subsection (a) shall not be disqualified for residency | ||||||
19 | requirements, provided that he or she was a legal resident at | ||||||
20 | the time of the injury.
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21 | (f) Fraud committed by a physician concerning the diagnosis | ||||||
22 | under subsection (a), or a person attempting to obtain money, | ||||||
23 | or by a State official who knowingly helps to defraud the State | ||||||
24 | through an act in relation to the Program shall be a Class 3 | ||||||
25 | felony.
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26 | (g) The George Bailey Memorial Board is created. The Board |
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1 | shall consist of 5 persons. No member of the Board shall | ||||||
2 | receive any stipend, refund, mileage, or expense | ||||||
3 | reimbursements.
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4 | (h) The George Bailey Memorial Fund is created as a special | ||||||
5 | fund in the State treasury. The fund shall be distributed from | ||||||
6 | the Treasurer's office and the administrative moneys described | ||||||
7 | in subsection (b) shall cover those costs.
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8 | (i) The Board shall be appointed in 2-year renewable terms | ||||||
9 | in the following manner:
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10 | (1) one member shall be appointed by the Speaker of the | ||||||
11 | House of Representatives;
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12 | (2) one member shall be appointed by the House Minority | ||||||
13 | Leader;
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14 | (3) one member shall be appointed by the President of | ||||||
15 | the Senate;
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16 | (4) one member shall be appointed by the Senate | ||||||
17 | Minority Leader; and
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18 | (5) one member shall be appointed by the Governor.
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19 | After a member has been appointed to the Board, the person | ||||||
20 | may not be removed except for good cause by the Inspector | ||||||
21 | General. If such a removal occurs, the Governor shall appoint | ||||||
22 | the successor, unless it was the Governor's appointee, in which | ||||||
23 | case the Treasurer shall appoint the successor to serve the | ||||||
24 | remainder of the term. No appointee or any State official may | ||||||
25 | directly or indirectly compensate any Board member.
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26 | (j) Any legal resident of Illinois is eligible for |
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1 | participation in the Program and shall not be disqualified if | ||||||
2 | the injury occurs outside of the State.
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3 | (k) The State shall have lien rights against all | ||||||
4 | settlements or moneys otherwise collected due to the injury | ||||||
5 | under this Act, but if the amount collected is less than the | ||||||
6 | amount owed to the State through the Program, the State may not | ||||||
7 | attached anything beyond the moneys given under the Program.
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8 | Section 10. Payments to the George Bailey Memorial Fund. | ||||||
9 | Every fire insurance company, whether upon the stock or mutual | ||||||
10 | plan, and every other personal or business entity doing any | ||||||
11 | form of fire insurance business in the State of Illinois, (i) | ||||||
12 | shall pay to the Department of Insurance in the month of March | ||||||
13 | each year such amount as may be assessed by the Department of | ||||||
14 | Insurance, which the Department shall establish after a | ||||||
15 | thorough study and estimate of the amount needed to fund the | ||||||
16 | George Bailey Memorial Program and which may not exceed 1% of | ||||||
17 | the gross fire, sprinkler leakage, riot, civil commotion, | ||||||
18 | explosion and motor vehicle fire risk premium receipts of such | ||||||
19 | company or other entity from such business done in the State of | ||||||
20 | Illinois during the preceding year and (ii) shall make an | ||||||
21 | annual report or statement under oath to the Department | ||||||
22 | specifying the amount of such premiums received during the | ||||||
23 | preceding year. The Department of Insurance shall pay the money | ||||||
24 | so received into the George Bailey Memorial Fund, to be used as | ||||||
25 | specified in this Act. |
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1 | Section 90. The State Finance Act is amended by adding | ||||||
2 | Section 5.866 as follows: | ||||||
3 | (30 ILCS 105/5.866 new) | ||||||
4 | Sec. 5.866. The George Bailey Memorial Fund.
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