Full Text of HB1208 103rd General Assembly
HB1208ham001 103RD GENERAL ASSEMBLY | Rep. Dave Vella Filed: 2/22/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1208
| 2 | | AMENDMENT NO. ______. Amend House Bill 1208 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Court of Claims Act is amended by changing | 5 | | Section 24 as follows:
| 6 | | (705 ILCS 505/24) (from Ch. 37, par. 439.24)
| 7 | | Sec. 24. Payment of awards.
| 8 | | (1) From funds appropriated by the General Assembly for | 9 | | the purposes
of this Section the Court may direct
immediate | 10 | | payment of:
| 11 | | (a) All claims arising solely as a result of the | 12 | | lapsing of an
appropriation out of which the obligation | 13 | | could have been paid.
| 14 | | (b) All claims pursuant to the Line of Duty
| 15 | | Compensation Act.
| 16 | | (c) All claims pursuant to the "Illinois National |
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| 1 | | Guardsman's and
Naval Militiaman's Compensation Act", | 2 | | approved August 12, 1971, as
amended.
| 3 | | (d) All claims pursuant to the "Crime Victims | 4 | | Compensation Act",
approved August 23, 1973, as amended. | 5 | | (d-5) All claims against the State for unjust | 6 | | imprisonment as provided in subsection (c) of Section 8 of | 7 | | this Act.
| 8 | | (e) All other claims wherein the amount of the award | 9 | | of the Court
is less than $50,000.
| 10 | | (2) The court may, from funds specifically appropriated | 11 | | from the General
Revenue Fund for this purpose, direct the | 12 | | payment of awards less than $50,000
solely as a result
of the | 13 | | lapsing of an appropriation originally made from any fund held | 14 | | by the
State Treasurer. For any such award paid from the | 15 | | General Revenue Fund, the
court
shall thereafter seek an | 16 | | appropriation from the fund from which the liability
| 17 | | originally accrued in reimbursement of the General Revenue | 18 | | Fund.
| 19 | | (3) In directing payment of a claim pursuant to the Line of | 20 | | Duty
Compensation Act, the Court must direct the Comptroller | 21 | | to add an interest penalty if payment of a claim is not made | 22 | | within 6 months after a claim is filed in accordance with | 23 | | Section 3 of the Line of Duty
Compensation Act and all | 24 | | information has been submitted as required under Section 4 of | 25 | | the Line of Duty
Compensation Act. If payment is not issued | 26 | | within the 6-month period, an interest penalty of 1% of the |
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| 1 | | amount of the award shall be added for each month or fraction | 2 | | thereof after the end of the 6-month period, until final | 3 | | payment is made. This interest penalty shall be added | 4 | | regardless of whether the payment is not issued within the | 5 | | 6-month period because of the appropriation process, the | 6 | | consideration of the matter by the Court, or any other reason. | 7 | | (3.5) The interest penalty payment provided for in | 8 | | subsection (3) shall be added to all claims for which benefits | 9 | | were not paid as of the effective date of P.A. 95-928. The | 10 | | interest penalty shall be calculated starting from the | 11 | | effective date of P.A. 95-928, provided that the effective | 12 | | date of P.A. 95-928 is at least 6 months after the date on | 13 | | which the claim was filed in accordance with Section 3 of the | 14 | | Line of Duty Compensation Act. In the event that the date 6 | 15 | | months after the date on which the claim was filed is later | 16 | | than the effective date of P.A. 95-928, the Court shall | 17 | | calculate the interest payment penalty starting from the date | 18 | | 6 months after the date on which the claim was filed in | 19 | | accordance with Section 3 of the Line of Duty Compensation | 20 | | Act. This subsection (3.5) of this amendatory Act of the 96th | 21 | | General Assembly is declarative of existing law. | 22 | | (3.6) In addition to the interest payments provided for in | 23 | | subsections (3) and (3.5), the Court shall direct the | 24 | | Comptroller to add a "catch-up" payment to the claims of | 25 | | eligible claimants. For the purposes of this subsection (3.6), | 26 | | an "eligible claimant" is a claimant whose claim is not paid in |
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| 1 | | the year in which it was filed. For purposes of this subsection | 2 | | (3.6), "'catch-up' payment" is defined as the difference | 3 | | between the amount paid to claimants whose claims were filed | 4 | | in the year in which the eligible claimant's claim is paid and | 5 | | the amount paid to claimants whose claims were filed in the | 6 | | year in which the eligible claimant filed his or her claim. The | 7 | | "catch-up" payment is payable simultaneously with the claim | 8 | | award. | 9 | | (3.7) For the purpose of making up any deficiency in the | 10 | | appropriation for the payment of claims directed pursuant to | 11 | | the Line of Duty Compensation Act, there is hereby | 12 | | appropriated, on a continuing annual basis in each fiscal | 13 | | year, from the General Revenue Fund to the Court of Claims, the | 14 | | amount, if any, by which the total appropriation for the | 15 | | payment of claims directed pursuant to the Line of Duty | 16 | | Compensation Act for the fiscal year is less than the amount | 17 | | required for the payment of claims pursuant to the Line of Duty | 18 | | Compensation Act for that fiscal year. The amount of any | 19 | | continuing appropriation used by the Court of Claims under | 20 | | this subsection (3.7) for a given fiscal year shall be charged | 21 | | against the unexpended amount of any appropriation for line of | 22 | | duty awards to the Court of Claims for that fiscal year that | 23 | | subsequently becomes available. The Court of Claims shall | 24 | | report to the President and Minority Leader of the Senate, the | 25 | | Speaker and Minority Leader of the House of Representatives, | 26 | | and the Governor's Office of Management and Budget on any |
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| 1 | | continuing appropriation that is used at the conclusion of a | 2 | | fiscal year. | 3 | | (4)
From funds appropriated by the General Assembly for | 4 | | the purposes of
paying claims under paragraph (c) of Section | 5 | | 8, the court must direct payment
of each claim and the payment | 6 | | must be received by the claimant within 60 days after the date | 7 | | that the funds are appropriated for that purpose.
| 8 | | (Source: P.A. 100-1124, eff. 11-27-18.)
| 9 | | Section 10. The Line of Duty Compensation Act is amended | 10 | | by changing Section 3 as follows:
| 11 | | (820 ILCS 315/3)
(from Ch. 48, par. 283)
| 12 | | Sec. 3. Duty death benefit. | 13 | | (a) If a claim therefor is made within 2 years one
year of | 14 | | the date of death of a law enforcement officer, civil
defense | 15 | | worker, civil air patrol member, paramedic, fireman, chaplain, | 16 | | or
State employee killed in the line of duty,
or if a claim | 17 | | therefor is made within 2 years of the date of death of an | 18 | | Armed Forces member killed in the line of duty, compensation | 19 | | shall be paid to the person designated by the law
enforcement | 20 | | officer, civil defense worker, civil air patrol member, | 21 | | paramedic,
fireman, chaplain, State employee, or Armed Forces | 22 | | member. However, if the Armed Forces member was killed in the | 23 | | line of duty before
October 18, 2004, the
claim must be made | 24 | | within one year of October 18, 2004. In addition, if a death |
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| 1 | | occurred after December 31, 2016 and before January 1, 2021, | 2 | | the claim may be made no later than December 31, 2022 | 3 | | notwithstanding any other deadline established under this Act | 4 | | with respect to filing a claim for a duty death benefit.
| 5 | | (b)
The amount of compensation, except for an Armed Forces | 6 | | member, shall be $10,000 if the death in the
line of duty | 7 | | occurred prior to January 1, 1974; $20,000 if
such death | 8 | | occurred after December 31, 1973 and before July 1, 1983;
| 9 | | $50,000 if such death occurred on or after July 1, 1983 and | 10 | | before January 1,
1996; $100,000 if the death occurred on or | 11 | | after January 1, 1996 and
before May 18, 2001; $118,000 if the | 12 | | death occurred on or after May
18, 2001 and before July 1, | 13 | | 2002; and $259,038 if the death occurred on or after July 1, | 14 | | 2002 and before January
1, 2003. For an Armed Forces member | 15 | | killed in the line of duty (i) at any time before January 1, | 16 | | 2005, the compensation is $259,038 plus amounts equal to the | 17 | | increases for 2003 and 2004 determined under subsection (c) | 18 | | and (ii) on or after January 1, 2005, the compensation is the | 19 | | amount determined under item (i) plus the applicable increases | 20 | | for 2005 and thereafter determined under subsection (c).
| 21 | | (c) Except as provided in subsection (b), for deaths | 22 | | occurring on or after January 1, 2003, the death
compensation | 23 | | rate for death in the line of duty occurring in a particular
| 24 | | calendar year shall be the death compensation rate for death | 25 | | occurring in the
previous calendar year (or in the case of | 26 | | deaths occurring in 2003, the rate
in effect on December 31, |
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| 1 | | 2002) increased by a percentage thereof equal to
the | 2 | | percentage increase, if any, in the index known as the | 3 | | Consumer Price
Index for All Urban Consumers: U.S. city | 4 | | average, unadjusted, for all items,
as published by the United | 5 | | States Department of Labor, Bureau of Labor
Statistics, for | 6 | | the 12 months ending with the month of June of that previous
| 7 | | calendar year.
| 8 | | (d) If no beneficiary is designated or if no designated | 9 | | beneficiary survives at the death of the law
enforcement | 10 | | officer, civil defense worker, civil air patrol member,
| 11 | | paramedic, fireman, chaplain, or State employee
killed in the | 12 | | line of
duty, the compensation shall be paid in accordance | 13 | | with a legally binding will left by the law
enforcement | 14 | | officer, civil defense worker, civil air patrol member,
| 15 | | paramedic, fireman, chaplain, or State employee. If the law
| 16 | | enforcement officer, civil defense worker, civil air patrol | 17 | | member,
paramedic, fireman, chaplain, or State employee did | 18 | | not leave a legally binding will, the compensation shall be | 19 | | paid as follows:
| 20 | | (1) when there is a surviving spouse, the entire sum | 21 | | shall be paid to
the spouse;
| 22 | | (2) when there is no surviving spouse, but a surviving | 23 | | descendant of the
decedent, the entire sum shall be paid | 24 | | to the decedent's descendants per
stirpes;
| 25 | | (3) when there is neither a surviving spouse nor a | 26 | | surviving descendant,
the entire sum shall be paid to the |
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| 1 | | parents of the decedent in equal parts,
allowing to the | 2 | | surviving parent, if one is dead, the entire sum; and
| 3 | | (4) when there is no surviving spouse, descendant or | 4 | | parent of the
decedent, but there are surviving brothers | 5 | | or sisters, or descendants of a
brother or sister, who | 6 | | were receiving their principal support from the
decedent | 7 | | at his death, the entire sum shall be paid, in equal parts, | 8 | | to the
dependent brothers or sisters or dependent | 9 | | descendant of a brother or
sister. Dependency shall be | 10 | | determined by the Court of Claims based upon
the | 11 | | investigation and report of the Attorney General.
| 12 | | The changes made to this subsection (d) by this amendatory Act | 13 | | of the 94th General Assembly apply to any pending case as long | 14 | | as compensation has not been paid to any party before the | 15 | | effective date of this amendatory Act of the 94th General | 16 | | Assembly.
| 17 | | (d-1) For purposes of subsection (d), in the case of a | 18 | | person killed in the line of duty who was born out of wedlock | 19 | | and was not an adoptive child at the time of the person's | 20 | | death, a person shall be deemed to be a parent of the person | 21 | | killed in the line of duty only if that person would be an | 22 | | eligible parent, as defined in Section 2-2 of the Probate Act | 23 | | of 1975, of the person killed in the line of duty. This | 24 | | subsection (d-1) applies to any pending claim if compensation | 25 | | was not paid to the claimant of the pending claim before the | 26 | | effective date of this amendatory Act of the 94th General |
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| 1 | | Assembly.
| 2 | | (d-2) If no beneficiary is designated or if no designated | 3 | | beneficiary survives at the death of the Armed Forces member | 4 | | killed in the line of duty, the compensation shall be paid in | 5 | | entirety according to the designation made on the most recent | 6 | | version of the Armed Forces member's Servicemembers' Group | 7 | | Life Insurance Election and Certificate ("SGLI"). | 8 | | If no SGLI form exists at the time of the Armed Forces | 9 | | member's death, the compensation shall be paid in accordance | 10 | | with a legally binding will left by the Armed Forces member. | 11 | | If no SGLI form exists for the Armed Forces member and the | 12 | | Armed Forces member did not leave a legally binding will, the | 13 | | compensation shall be paid to the persons and in the priority | 14 | | as set forth in paragraphs (1) through (4) of subsection (d) of | 15 | | this Section. | 16 | | This subsection (d-2) applies to any pending case as long | 17 | | as compensation has not been paid to any party before the | 18 | | effective date of this amendatory Act of the 94th General | 19 | | Assembly.
| 20 | | (e) If there is no beneficiary designated or if no | 21 | | designated beneficiary survives at the death of the
law | 22 | | enforcement officer, civil defense worker, civil air patrol | 23 | | member,
paramedic, fireman, chaplain, State employee, or Armed | 24 | | Forces member
killed in the line of duty
and there is no other | 25 | | person or entity to whom compensation is payable under this | 26 | | Section, no compensation shall be payable
under this Act.
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| 1 | | (f) No part of such compensation may be paid to any other | 2 | | person for any
efforts in securing such compensation.
| 3 | | (g) This amendatory Act of the 93rd General Assembly | 4 | | applies to claims made on or after October 18, 2004 with | 5 | | respect to an Armed Forces member killed in the line of duty.
| 6 | | (h) In any case for which benefits have not been paid | 7 | | within 6 months of the claim being filed in accordance with | 8 | | this Section, which is pending as of the effective date of this | 9 | | amendatory Act of the 96th General Assembly, and in which | 10 | | there are 2 or more beneficiaries, at least one of whom would | 11 | | receive at least a portion of the total benefit regardless of | 12 | | the manner in which the Court of Claims resolves the claim, the | 13 | | Court shall direct the Comptroller to pay the minimum amount | 14 | | of money which the determinate beneficiary would receive | 15 | | together with all interest payment penalties which have | 16 | | accrued on that portion of the award being paid within 30 days | 17 | | of the effective date of this amendatory Act of the 96th | 18 | | General Assembly. For purposes of this subsection (h), | 19 | | "determinate beneficiary" means the beneficiary who would | 20 | | receive any portion of the total benefit claimed regardless of | 21 | | the manner in which the Court of Claims adjudicates the claim. | 22 | | (i) The Court of Claims shall ensure that all individuals | 23 | | who have filed an application to claim the duty death benefit | 24 | | for a deceased member of the Armed Forces pursuant to this | 25 | | Section or for a fireman pursuant to this Section, or their | 26 | | designated representative, shall have access, on a timely |
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| 1 | | basis and in an efficient manner, to all information related | 2 | | to the court's consideration, processing, or adjudication of | 3 | | the claim, including, but not limited to, the following: | 4 | | (1) a reliable estimate of when the Court of Claims | 5 | | will adjudicate the claim, or if the Court cannot estimate | 6 | | when it will adjudicate the claim, a full written | 7 | | explanation of the reasons for this inability; and | 8 | | (2) a reliable estimate, based upon consultation with | 9 | | the Comptroller, of when the benefit will be paid to the | 10 | | claimant. | 11 | | (j) The Court of Claims shall send written notice to all | 12 | | claimants within 2 weeks of the initiation of a claim | 13 | | indicating whether or not the application is complete. For | 14 | | purposes of this subsection (j), an application is complete if | 15 | | a claimant has submitted to the Court of Claims all documents | 16 | | and information the Court requires for adjudicating and paying | 17 | | the benefit amount. For purposes of this subsection (j), a | 18 | | claim for the duty death benefit is initiated when a claimant | 19 | | submits any of the application materials required for | 20 | | adjudicating the claim to the Court of Claims. In the event a | 21 | | claimant's application is incomplete, the Court shall include | 22 | | in its written notice a list of the information or documents | 23 | | which the claimant must submit in order for the application to | 24 | | be complete.
In no case may the Court of Claims deny a claim | 25 | | and subsequently re-adjudicate the same claim for the purpose | 26 | | of evading or reducing the interest penalty payment amount |
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| 1 | | payable to any claimant. | 2 | | (Source: P.A. 102-215, eff. 7-30-21.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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