Full Text of HB4109 103rd General Assembly
HB4109ham001 103RD GENERAL ASSEMBLY | Rep. Martin McLaughlin Filed: 3/19/2024 | | 10300HB4109ham001 | | LRB103 33051 SPS 71004 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4109
| 2 | | AMENDMENT NO. ______. Amend House Bill 4109 on page 1, | 3 | | line 5, by replacing "Section 2" with "Sections 2, 3, and 4"; | 4 | | and | 5 | | on page 3, line 4, by replacing "or chaplain" with " or | 6 | | chaplain , animal control officer, or animal warden "; and | 7 | | on page 3, line 16, after "chaplain,", by inserting " animal | 8 | | control officer, animal warden, "; and | 9 | | on page 3, line 20, after "chaplain,", by inserting " animal | 10 | | control officer, animal warden, "; and | 11 | | on page 7, immediately below line 1, by inserting the | 12 | | following: | 13 | | " (m) "Animal control officer" or "animal warden" means an | 14 | | employee of a State or local governmental entity appointed or |
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| 1 | | employed to enforce State and local animal regulation statutes | 2 | | and protect public health and safety. "; and | 3 | | on page 7, immediately below line 2, by inserting the | 4 | | following: | 5 | | "(820 ILCS 315/3) (from Ch. 48, par. 283) | 6 | | Sec. 3. Duty death benefit. | 7 | | (a) If a claim therefor is made within 2 years of the date | 8 | | of death of a law enforcement officer, civil defense worker, | 9 | | civil air patrol member, paramedic, fireman, chaplain, animal | 10 | | control officer, animal warden, or State employee killed in | 11 | | the line of duty, or if a claim therefor is made within 2 years | 12 | | of the date of death of an Armed Forces member killed in the | 13 | | line of duty, compensation shall be paid to the person | 14 | | designated by the law enforcement officer, civil defense | 15 | | worker, civil air patrol member, paramedic, fireman, chaplain, | 16 | | animal control officer, animal warden, State employee, or | 17 | | Armed Forces member. However, if the Armed Forces member was | 18 | | killed in the line of duty before October 18, 2004, the claim | 19 | | must be made within one year of October 18, 2004. In addition, | 20 | | if a death occurred after December 31, 2016 and before January | 21 | | 1, 2021, the claim may be made no later than December 31, 2022 | 22 | | notwithstanding any other deadline established under this Act | 23 | | with respect to filing a claim for a duty death benefit. | 24 | | (b) The amount of compensation, except for an Armed Forces |
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| 1 | | member, shall be $10,000 if the death in the line of duty | 2 | | occurred prior to January 1, 1974; $20,000 if such death | 3 | | occurred after December 31, 1973 and before July 1, 1983; | 4 | | $50,000 if such death occurred on or after July 1, 1983 and | 5 | | before January 1, 1996; $100,000 if the death occurred on or | 6 | | after January 1, 1996 and before May 18, 2001; $118,000 if the | 7 | | death occurred on or after May 18, 2001 and before July 1, | 8 | | 2002; and $259,038 if the death occurred on or after July 1, | 9 | | 2002 and before January 1, 2003. For an Armed Forces member | 10 | | killed in the line of duty (i) at any time before January 1, | 11 | | 2005, the compensation is $259,038 plus amounts equal to the | 12 | | increases for 2003 and 2004 determined under subsection (c) | 13 | | and (ii) on or after January 1, 2005, the compensation is the | 14 | | amount determined under item (i) plus the applicable increases | 15 | | for 2005 and thereafter determined under subsection (c). | 16 | | (c) Except as provided in subsection (b), for deaths | 17 | | occurring on or after January 1, 2003, the death compensation | 18 | | rate for death in the line of duty occurring in a particular | 19 | | calendar year shall be the death compensation rate for death | 20 | | occurring in the previous calendar year (or in the case of | 21 | | deaths occurring in 2003, the rate in effect on December 31, | 22 | | 2002) increased by a percentage thereof equal to the | 23 | | percentage increase, if any, in the index known as the | 24 | | Consumer Price Index for All Urban Consumers: U.S. city | 25 | | average, unadjusted, for all items, as published by the United | 26 | | States Department of Labor, Bureau of Labor Statistics, for |
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| 1 | | the 12 months ending with the month of June of that previous | 2 | | calendar year. | 3 | | (d) If no beneficiary is designated or if no designated | 4 | | beneficiary survives at the death of the law enforcement | 5 | | officer, civil defense worker, civil air patrol member, | 6 | | paramedic, fireman, chaplain, animal control officer, animal | 7 | | warden, or State employee killed in the line of duty, the | 8 | | compensation shall be paid in accordance with a legally | 9 | | binding will left by the law enforcement officer, civil | 10 | | defense worker, civil air patrol member, paramedic, fireman, | 11 | | chaplain, animal control officer, animal warden, or State | 12 | | employee. If the law enforcement officer, civil defense | 13 | | worker, civil air patrol member, paramedic, fireman, chaplain, | 14 | | animal control officer, animal warden, or State employee did | 15 | | not leave a legally binding will, the compensation shall be | 16 | | paid as follows: | 17 | | (1) when there is a surviving spouse, the entire sum | 18 | | shall be paid to the spouse; | 19 | | (2) when there is no surviving spouse, but a surviving | 20 | | descendant of the decedent, the entire sum shall be paid | 21 | | to the decedent's descendants per stirpes; | 22 | | (3) when there is neither a surviving spouse nor a | 23 | | surviving descendant, the entire sum shall be paid to the | 24 | | parents of the decedent in equal parts, allowing to the | 25 | | surviving parent, if one is dead, the entire sum; and | 26 | | (4) when there is no surviving spouse, descendant or |
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| 1 | | parent of the decedent, but there are surviving brothers | 2 | | or sisters, or descendants of a brother or sister, who | 3 | | were receiving their principal support from the decedent | 4 | | at his death, the entire sum shall be paid, in equal parts, | 5 | | to the dependent brothers or sisters or dependent | 6 | | descendant of a brother or sister. Dependency shall be | 7 | | determined by the Court of Claims based upon the | 8 | | investigation and report of the Attorney General. | 9 | | The changes made to this subsection (d) by this amendatory Act | 10 | | of the 94th General Assembly apply to any pending case as long | 11 | | as compensation has not been paid to any party before the | 12 | | effective date of this amendatory Act of the 94th General | 13 | | Assembly. | 14 | | (d-1) For purposes of subsection (d), in the case of a | 15 | | person killed in the line of duty who was born out of wedlock | 16 | | and was not an adoptive child at the time of the person's | 17 | | death, a person shall be deemed to be a parent of the person | 18 | | killed in the line of duty only if that person would be an | 19 | | eligible parent, as defined in Section 2-2 of the Probate Act | 20 | | of 1975, of the person killed in the line of duty. This | 21 | | subsection (d-1) applies to any pending claim if compensation | 22 | | was not paid to the claimant of the pending claim before the | 23 | | effective date of this amendatory Act of the 94th General | 24 | | Assembly. | 25 | | (d-2) If no beneficiary is designated or if no designated | 26 | | beneficiary survives at the death of the Armed Forces member |
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| 1 | | killed in the line of duty, the compensation shall be paid in | 2 | | entirety according to the designation made on the most recent | 3 | | version of the Armed Forces member's Servicemembers' Group | 4 | | Life Insurance Election and Certificate ("SGLI"). | 5 | | If no SGLI form exists at the time of the Armed Forces | 6 | | member's death, the compensation shall be paid in accordance | 7 | | with a legally binding will left by the Armed Forces member. | 8 | | If no SGLI form exists for the Armed Forces member and the | 9 | | Armed Forces member did not leave a legally binding will, the | 10 | | compensation shall be paid to the persons and in the priority | 11 | | as set forth in paragraphs (1) through (4) of subsection (d) of | 12 | | this Section. | 13 | | This subsection (d-2) applies 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 | | (e) If there is no beneficiary designated or if no | 18 | | designated beneficiary survives at the death of the law | 19 | | enforcement officer, civil defense worker, civil air patrol | 20 | | member, paramedic, fireman, chaplain, animal control officer, | 21 | | animal warden, State employee, or Armed Forces member killed | 22 | | in the line of duty and there is no other person or entity to | 23 | | whom compensation is payable under this Section, no | 24 | | compensation shall be payable under this Act. | 25 | | (f) No part of such compensation may be paid to any other | 26 | | person for any efforts in securing such compensation. |
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| 1 | | (g) This amendatory Act of the 93rd General Assembly | 2 | | applies to claims made on or after October 18, 2004 with | 3 | | respect to an Armed Forces member killed in the line of duty. | 4 | | (h) In any case for which benefits have not been paid | 5 | | within 6 months of the claim being filed in accordance with | 6 | | this Section, which is pending as of the effective date of this | 7 | | amendatory Act of the 96th General Assembly, and in which | 8 | | there are 2 or more beneficiaries, at least one of whom would | 9 | | receive at least a portion of the total benefit regardless of | 10 | | the manner in which the Court of Claims resolves the claim, the | 11 | | Court shall direct the Comptroller to pay the minimum amount | 12 | | of money which the determinate beneficiary would receive | 13 | | together with all interest payment penalties which have | 14 | | accrued on that portion of the award being paid within 30 days | 15 | | of the effective date of this amendatory Act of the 96th | 16 | | General Assembly. For purposes of this subsection (h), | 17 | | "determinate beneficiary" means the beneficiary who would | 18 | | receive any portion of the total benefit claimed regardless of | 19 | | the manner in which the Court of Claims adjudicates the claim. | 20 | | (i) The Court of Claims shall ensure that all individuals | 21 | | who have filed an application to claim the duty death benefit | 22 | | for a deceased member of the Armed Forces pursuant to this | 23 | | Section or for a fireman pursuant to this Section, or their | 24 | | designated representative, shall have access, on a timely | 25 | | basis and in an efficient manner, to all information related | 26 | | to the court's consideration, processing, or adjudication of |
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| 1 | | the claim, including, but not limited to, the following: | 2 | | (1) a reliable estimate of when the Court of Claims | 3 | | will adjudicate the claim, or if the Court cannot estimate | 4 | | when it will adjudicate the claim, a full written | 5 | | explanation of the reasons for this inability; and | 6 | | (2) a reliable estimate, based upon consultation with | 7 | | the Comptroller, of when the benefit will be paid to the | 8 | | claimant. | 9 | | (j) The Court of Claims shall send written notice to all | 10 | | claimants within 2 weeks of the initiation of a claim | 11 | | indicating whether or not the application is complete. For | 12 | | purposes of this subsection (j), an application is complete if | 13 | | a claimant has submitted to the Court of Claims all documents | 14 | | and information the Court requires for adjudicating and paying | 15 | | the benefit amount. For purposes of this subsection (j), a | 16 | | claim for the duty death benefit is initiated when a claimant | 17 | | submits any of the application materials required for | 18 | | adjudicating the claim to the Court of Claims. In the event a | 19 | | claimant's application is incomplete, the Court shall include | 20 | | in its written notice a list of the information or documents | 21 | | which the claimant must submit in order for the application to | 22 | | be complete. In no case may the Court of Claims deny a claim | 23 | | and subsequently re-adjudicate the same claim for the purpose | 24 | | of evading or reducing the interest penalty payment amount | 25 | | payable to any claimant. | 26 | | (Source: P.A. 102-215, eff. 7-30-21; 103-8, eff. 6-7-23.) |
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| 1 | | (820 ILCS 315/4) (from Ch. 48, par. 284) | 2 | | Sec. 4. Notwithstanding Section 3, no compensation is | 3 | | payable under this Act unless a claim therefor is filed, | 4 | | within the time specified by that Section with the Court of | 5 | | Claims on an application prescribed and furnished by the | 6 | | Attorney General and setting forth: | 7 | | (a) the name, address and title or designation of the | 8 | | position in which the officer, civil defense worker, civil | 9 | | air patrol member, paramedic, fireman, chaplain, animal | 10 | | control officer, animal warden, State employee, or Armed | 11 | | Forces member was serving at the time of his death; | 12 | | (b) the names and addresses of person or persons | 13 | | designated by the officer, civil defense worker, civil air | 14 | | patrol member, paramedic, fireman, chaplain, animal | 15 | | control officer, animal warden, State employee, or Armed | 16 | | Forces member to receive the compensation and, if more | 17 | | than one, the percentage or share to be paid to each such | 18 | | person, or if there has been no such designation, the name | 19 | | and address of the personal representative of the estate | 20 | | of the officer, civil defense worker, civil air patrol | 21 | | member, paramedic, fireman, chaplain, animal control | 22 | | officer, animal warden, State employee, or Armed Forces | 23 | | member; | 24 | | (c) a full, factual account of the circumstances | 25 | | resulting in or the course of events causing the death of |
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| 1 | | the officer, civil defense worker, civil air patrol | 2 | | member, paramedic, fireman, chaplain, animal control | 3 | | officer, animal warden, State employee, or Armed Forces | 4 | | member; and | 5 | | (d) such other information as the Court of Claims | 6 | | reasonably requires. | 7 | | When a claim is filed, the Attorney General shall make an | 8 | | investigation for substantiation of matters set forth in such | 9 | | an application. | 10 | | For the 2 years immediately following the effective date | 11 | | of this amendatory act of the 96th General Assembly, the Court | 12 | | of Claims shall direct the Comptroller to pay a | 13 | | "Modified-Eligibility Line of Duty Benefit" to eligible late | 14 | | claimants who file a claim for the benefit. A claim for a | 15 | | Modified-Eligibility Line of Duty Benefit must include all the | 16 | | application materials and documents required for all other | 17 | | claims payable under this Act, except as otherwise provided in | 18 | | this Section 4. For purposes of this Section 4 only, an | 19 | | "eligible late claimant" is a person who would have been | 20 | | eligible, at any time after September 11, 2001, to apply for | 21 | | and receive payment of a claim pursuant to this Act in | 22 | | connection with the death of an Armed Forces member killed in | 23 | | the line of duty or a fireman killed in the line of duty, but | 24 | | did not receive the award payment because: | 25 | | (1) the claim was rejected only because the claim was | 26 | | not filed within the time limitation set forth in |
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| 1 | | subsection (a) of Section 3 of this Act; or | 2 | | (2) having met all other preconditions for applying | 3 | | for and receiving the award payment, the claimant did not | 4 | | file a claim because the claim would not have been filed | 5 | | within the time limitation set forth in subsection (a) of | 6 | | Section 3 of this Act. For purposes of this Section 4 only, | 7 | | the "Modified-Eligibility Line of Duty Benefit" is an | 8 | | amount of money payable to eligible late claimants equal | 9 | | to the amount set forth in Section 3 of this Act payable to | 10 | | claimants seeking payment of awards under Section 3 of | 11 | | this Act for claims made thereunder in the year in which | 12 | | the claim for the Modified-Eligibility Line of Duty | 13 | | Benefit is made. Within 6 months of receiving a complete | 14 | | claim for the Modified-Eligibility Line of Duty Benefit, | 15 | | the Court of Claims must direct the Comptroller to pay the | 16 | | benefit amount to the eligible late claimant. | 17 | | (Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)". |
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