Full Text of SB2489 95th General Assembly
SB2489enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning certain individuals killed in the line of | 2 |
| duty.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Prompt Payment Act is amended by | 6 |
| changing Section 3-1 as follows:
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| (30 ILCS 540/3-1) (from Ch. 127, par. 132.403-1)
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| Sec. 3-1. The Illinois Court of Claims shall, in its | 9 |
| investigation of
payments due claimants, provide for interest | 10 |
| penalties as prescribed in this
Act ; however, interest | 11 |
| penalties in claims pursuant to the Line of Duty
Compensation | 12 |
| Act shall be paid in accordance with subsection (3) of Section | 13 |
| 24 of the Court of Claims Act .
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| (Source: P.A. 87-773; 87-1232.)
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| Section 10. The Court of Claims Act is amended by changing | 16 |
| Sections 22 and 24 as follows:
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| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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| Sec. 22. Every claim cognizable by the Court and not | 19 |
| otherwise sooner
barred by law shall be forever barred from | 20 |
| prosecution therein unless it
is filed with the Clerk of the | 21 |
| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed | 2 |
| within 5
years after it first accrues, saving to minors, and | 3 |
| persons under legal
disability at the time the claim accrues, | 4 |
| in which cases the claim must be
filed within 5 years from the | 5 |
| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of | 7 |
| goods or services
under "The Illinois Public Aid Code", | 8 |
| approved April 11, 1967, as amended,
must file within one year | 9 |
| after the accrual of the cause of action, as provided
in | 10 |
| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of | 12 |
| this Act must
be filed within 2 years after the person | 13 |
| asserting such claim is discharged
from prison, or is granted a | 14 |
| pardon by the Governor, whichever occurs later,
except as | 15 |
| otherwise provided by the Crime Victims Compensation Act.
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| (d) All claims arising under paragraph (f) of Section 8 of | 17 |
| this Act must
be filed within the time set forth one year of | 18 |
| the date of the death of the law enforcement
officer or fireman | 19 |
| as provided in Section 3 of the Line of Duty "Law Enforcement
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| Officers and Firemen Compensation Act ", approved September 30, | 21 |
| 1969, as amended .
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| (e) All claims arising under paragraph (h) of Section 8 of | 23 |
| this Act must
be filed within one year of the date of the death | 24 |
| of the guardsman or
militiaman as provided in Section 3 of the | 25 |
| "Illinois National Guardsman's
and Naval Militiaman's | 26 |
| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of | 2 |
| this Act must
be filed within one year of the crime on which a | 3 |
| claim is based as
provided in Section 6.1 of the "Crime Victims | 4 |
| Compensation Act", approved
August 23, 1973, as amended.
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| (g) All claims arising from the Comptroller's refusal to | 6 |
| issue a
replacement warrant pursuant to Section 10.10 of the | 7 |
| State Comptroller Act
must be filed within 5 years after the | 8 |
| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it | 10 |
| first accrues,
saving to minors, and persons under legal | 11 |
| disability at the time the claim
accrues, in which case the | 12 |
| claim must be filed within 2 years from the time
the disability | 13 |
| ceases.
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| (i) The changes made by this amendatory Act of 1989 shall | 15 |
| apply to all
warrants issued within the 5 year period preceding | 16 |
| the effective date of
this amendatory Act of 1989.
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| (j) All time limitations established under this Act and the | 18 |
| rules
promulgated under this Act shall be binding and | 19 |
| jurisdictional, except upon
extension authorized by law or rule | 20 |
| and granted pursuant to a motion timely filed.
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| (Source: P.A. 86-458.)
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| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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| Sec. 24. Payment of awards.
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| (1) From funds appropriated by the General Assembly for the | 25 |
| purposes
of this Section the Court may direct
immediate payment |
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| of:
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| (a) All claims arising solely as a result of the | 3 |
| lapsing of an
appropriation out of which the obligation | 4 |
| could have been paid.
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| (b) All claims pursuant to the Line of Duty "Law | 6 |
| Enforcement Officers and Firemen
Compensation Act ", | 7 |
| approved September 30, 1969, as amended .
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| (c) All claims pursuant to the "Illinois National | 9 |
| Guardsman's and
Naval Militiaman's Compensation Act", | 10 |
| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims | 12 |
| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of | 14 |
| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated | 16 |
| from the General
Revenue Fund for this purpose, direct the | 17 |
| payment of awards less than $50,000
solely as a result
of the | 18 |
| lapsing of an appropriation originally made from any fund held | 19 |
| by the
State Treasurer. For any such award paid from the | 20 |
| General Revenue Fund, the
court
shall thereafter seek an | 21 |
| appropriation from the fund from which the liability
originally | 22 |
| accrued in reimbursement of the General Revenue Fund.
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| (3) In directing payment of a claim pursuant to the Line of | 24 |
| Duty
Compensation Act, the Court must direct the Comptroller to | 25 |
| add an interest penalty if payment of a claim is not made | 26 |
| within 6 months after a claim is filed in accordance with |
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| Section 3 of the Line of Duty
Compensation Act and all | 2 |
| information has been submitted as required under Section 4 of | 3 |
| the Line of Duty
Compensation Act. If payment is not issued | 4 |
| within the 6-month period, an interest penalty of 1% of the | 5 |
| amount of the award shall be added for each month or fraction | 6 |
| thereof after the end of the 6-month period, until final | 7 |
| payment is made. This interest penalty shall be added | 8 |
| regardless of whether the payment is not issued within the | 9 |
| 6-month period because of the appropriation process, the | 10 |
| consideration of the matter by the Court, or any other reason. | 11 |
| (Source: P.A. 92-357, eff. 8-15-01.)
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| Section 15. The Line of Duty Compensation Act is amended by | 13 |
| changing Section 3 as follows:
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| (820 ILCS 315/3)
(from Ch. 48, par. 283)
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| Sec. 3. Duty death benefit. | 16 |
| (a) If a claim therefor is made within one
year of the date | 17 |
| of death of a law enforcement officer, civil
defense worker, | 18 |
| civil air patrol member, paramedic, fireman, chaplain, or
State | 19 |
| employee , or Armed Forces member killed in the line of duty,
or | 20 |
| if a claim therefor is made within 2 years of the date of death | 21 |
| of an Armed Forces member killed in the line of duty, | 22 |
| compensation shall be paid to the person designated by the law
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| enforcement officer, civil defense worker, civil air patrol | 24 |
| member, paramedic,
fireman, chaplain, State employee, or Armed |
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| Forces member. However, if the Armed Forces member was killed | 2 |
| in the line of duty before
October 18, 2004, the
claim must be | 3 |
| made within one year of October 18, 2004.
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| (b)
The amount of compensation, except for an Armed Forces | 5 |
| member, shall be $10,000 if the death in the
line of duty | 6 |
| occurred prior to January 1, 1974; $20,000 if
such death | 7 |
| occurred after December 31, 1973 and before July 1, 1983;
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| $50,000 if such death occurred on or after July 1, 1983 and | 9 |
| before January 1,
1996; $100,000 if the death occurred on or | 10 |
| after January 1, 1996 and
before May 18, 2001; $118,000 if the | 11 |
| death occurred on or after May
18, 2001 and before July 1, | 12 |
| 2002; and $259,038 if the death occurred on or after July 1, | 13 |
| 2002 and before January
1, 2003. For an Armed Forces member | 14 |
| killed in the line of duty (i) at any time before January 1, | 15 |
| 2005, the compensation is $259,038 plus amounts equal to the | 16 |
| increases for 2003 and 2004 determined under subsection (c) and | 17 |
| (ii) on or after January 1, 2005, the compensation is the | 18 |
| amount determined under item (i) plus the applicable increases | 19 |
| for 2005 and thereafter determined under subsection (c).
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| (c) Except as provided in subsection (b), for deaths | 21 |
| occurring on or after January 1, 2003, the death
compensation | 22 |
| rate for death in the line of duty occurring in a particular
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| calendar year shall be the death compensation rate for death | 24 |
| occurring in the
previous calendar year (or in the case of | 25 |
| deaths occurring in 2003, the rate
in effect on December 31, | 26 |
| 2002) increased by a percentage thereof equal to
the percentage |
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| increase, if any, in the index known as the Consumer Price
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| Index for All Urban Consumers: U.S. city average, unadjusted, | 3 |
| for all items,
as published by the United States Department of | 4 |
| Labor, Bureau of Labor
Statistics, for the 12 months ending | 5 |
| with the month of June of that previous
calendar year.
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| (d) If no beneficiary is designated or if no designated | 7 |
| beneficiary survives at the death of the law
enforcement | 8 |
| officer, civil defense worker, civil air patrol member,
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| paramedic, fireman, chaplain, or State employee
killed in the | 10 |
| line of
duty, the compensation shall be paid in accordance with | 11 |
| a legally binding will left by the law
enforcement officer, | 12 |
| civil defense worker, civil air patrol member,
paramedic, | 13 |
| fireman, chaplain, or State employee. If the law
enforcement | 14 |
| officer, civil defense worker, civil air patrol member,
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| paramedic, fireman, chaplain, or State employee did not leave a | 16 |
| legally binding will, the compensation shall be paid as | 17 |
| follows:
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| (1) when there is a surviving spouse, the entire sum | 19 |
| shall be paid to
the spouse;
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| (2) when there is no surviving spouse, but a surviving | 21 |
| descendant of the
decedent, the entire sum shall be paid to | 22 |
| the decedent's descendants per
stirpes;
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| (3) when there is neither a surviving spouse nor a | 24 |
| surviving descendant,
the entire sum shall be paid to the | 25 |
| parents of the decedent in equal parts,
allowing to the | 26 |
| surviving parent, if one is dead, the entire sum; and
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| (4) when there is no surviving spouse, descendant or | 2 |
| parent of the
decedent, but there are surviving brothers or | 3 |
| sisters, or descendants of a
brother or sister, who were | 4 |
| receiving their principal support from the
decedent at his | 5 |
| death, the entire sum shall be paid, in equal parts, to the
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| dependent brothers or sisters or dependent descendant of a | 7 |
| brother or
sister. Dependency shall be determined by the | 8 |
| Court of Claims based upon
the investigation and report of | 9 |
| the Attorney General.
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| The changes made to this subsection (d) by this amendatory Act | 11 |
| of the 94th General Assembly apply to any pending case as long | 12 |
| as compensation has not been paid to any party before the | 13 |
| effective date of this amendatory Act of the 94th General | 14 |
| Assembly.
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| (d-1) For purposes of subsection (d), in the case of a | 16 |
| person killed in the line of duty who was born out of wedlock | 17 |
| and was not an adoptive child at the time of the person's | 18 |
| death, a person shall be deemed to be a parent of the person | 19 |
| killed in the line of duty only if that person would be an | 20 |
| eligible parent, as defined in Section 2-2 of the Probate Act | 21 |
| of 1975, of the person killed in the line of duty. This | 22 |
| subsection (d-1) applies to any pending claim if compensation | 23 |
| was not paid to the claimant of the pending claim before the | 24 |
| effective date of this amendatory Act of the 94th General | 25 |
| Assembly.
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| (d-2) If no beneficiary is designated or if no designated |
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| beneficiary survives at the death of the Armed Forces member | 2 |
| killed in the line of duty, the compensation shall be paid in | 3 |
| entirety according to the designation made on the most recent | 4 |
| version of the Armed Forces member's Servicemembers' Group Life | 5 |
| Insurance Election and Certificate ("SGLI"). | 6 |
| If no SGLI form exists at the time of the Armed Forces | 7 |
| member's death, the compensation shall be paid in accordance | 8 |
| with a legally binding will left by the Armed Forces member. | 9 |
| If no SGLI form exists for the Armed Forces member and the | 10 |
| Armed Forces member did not leave a legally binding will, the | 11 |
| compensation shall be paid to the persons and in the priority | 12 |
| as set forth in paragraphs (1) through (4) of subsection (d) of | 13 |
| this Section. | 14 |
| This subsection (d-2) applies to any pending case as long | 15 |
| as compensation has not been paid to any party before the | 16 |
| effective date of this amendatory Act of the 94th General | 17 |
| Assembly.
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| (e) If there is no beneficiary designated or if no | 19 |
| designated beneficiary survives at the death of the
law | 20 |
| enforcement officer, civil defense worker, civil air patrol | 21 |
| member,
paramedic, fireman, chaplain, State employee, or Armed | 22 |
| Forces member
killed in the line of duty
and there is no other | 23 |
| person or entity to whom compensation is payable under this | 24 |
| Section, no compensation shall be payable
under this Act.
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| (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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| (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.
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| (Source: P.A. 93-1047, eff. 10-18-04; 93-1073, eff. 1-18-05; | 5 |
| 94-843, eff. 6-8-06; 94-844, eff. 6-8-06.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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