103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1208 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 705 ILCS 505/24 from Ch. 37, par. 439.24 Amends the Court of Claims Act. Provides that for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget any continuing appropriation that is used at the conclusion of a fiscal year. Effective immediately. LRB103 05940 LNS 50961 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1208 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 705 ILCS 505/24 from Ch. 37, par. 439.24 705 ILCS 505/24 from Ch. 37, par. 439.24 Amends the Court of Claims Act. Provides that for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget any continuing appropriation that is used at the conclusion of a fiscal year. Effective immediately. LRB103 05940 LNS 50961 b LRB103 05940 LNS 50961 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1208 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
705 ILCS 505/24 from Ch. 37, par. 439.24 705 ILCS 505/24 from Ch. 37, par. 439.24
705 ILCS 505/24 from Ch. 37, par. 439.24
Amends the Court of Claims Act. Provides that for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget any continuing appropriation that is used at the conclusion of a fiscal year. Effective immediately.
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A BILL FOR
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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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
17 Guardsman's and Naval Militiaman's Compensation Act",
18 approved August 12, 1971, as amended.
19 (d) All claims pursuant to the "Crime Victims
20 Compensation Act", approved August 23, 1973, as amended.
21 (d-5) All claims against the State for unjust
22 imprisonment as provided in subsection (c) of Section 8 of
23 this Act.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1208 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
705 ILCS 505/24 from Ch. 37, par. 439.24 705 ILCS 505/24 from Ch. 37, par. 439.24
705 ILCS 505/24 from Ch. 37, par. 439.24
Amends the Court of Claims Act. Provides that for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget any continuing appropriation that is used at the conclusion of a fiscal year. Effective immediately.
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A BILL FOR
705 ILCS 505/24 from Ch. 37, par. 439.24
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1 (e) All other claims wherein the amount of the award
2 of the Court is less than $50,000.
3 (2) The court may, from funds specifically appropriated
4 from the General Revenue Fund for this purpose, direct the
5 payment of awards less than $50,000 solely as a result of the
6 lapsing of an appropriation originally made from any fund held
7 by the State Treasurer. For any such award paid from the
8 General Revenue Fund, the court shall thereafter seek an
9 appropriation from the fund from which the liability
10 originally accrued in reimbursement of the General Revenue
11 Fund.
12 (3) In directing payment of a claim pursuant to the Line of
13 Duty Compensation Act, the Court must direct the Comptroller
14 to add an interest penalty if payment of a claim is not made
15 within 6 months after a claim is filed in accordance with
16 Section 3 of the Line of Duty Compensation Act and all
17 information has been submitted as required under Section 4 of
18 the Line of Duty Compensation Act. If payment is not issued
19 within the 6-month period, an interest penalty of 1% of the
20 amount of the award shall be added for each month or fraction
21 thereof after the end of the 6-month period, until final
22 payment is made. This interest penalty shall be added
23 regardless of whether the payment is not issued within the
24 6-month period because of the appropriation process, the
25 consideration of the matter by the Court, or any other reason.
26 (3.5) The interest penalty payment provided for in
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1 subsection (3) shall be added to all claims for which benefits
2 were not paid as of the effective date of P.A. 95-928. The
3 interest penalty shall be calculated starting from the
4 effective date of P.A. 95-928, provided that the effective
5 date of P.A. 95-928 is at least 6 months after the date on
6 which the claim was filed in accordance with Section 3 of the
7 Line of Duty Compensation Act. In the event that the date 6
8 months after the date on which the claim was filed is later
9 than the effective date of P.A. 95-928, the Court shall
10 calculate the interest payment penalty starting from the date
11 6 months after the date on which the claim was filed in
12 accordance with Section 3 of the Line of Duty Compensation
13 Act. This subsection (3.5) of this amendatory Act of the 96th
14 General Assembly is declarative of existing law.
15 (3.6) In addition to the interest payments provided for in
16 subsections (3) and (3.5), the Court shall direct the
17 Comptroller to add a "catch-up" payment to the claims of
18 eligible claimants. For the purposes of this subsection (3.6),
19 an "eligible claimant" is a claimant whose claim is not paid in
20 the year in which it was filed. For purposes of this subsection
21 (3.6), "'catch-up' payment" is defined as the difference
22 between the amount paid to claimants whose claims were filed
23 in the year in which the eligible claimant's claim is paid and
24 the amount paid to claimants whose claims were filed in the
25 year in which the eligible claimant filed his or her claim. The
26 "catch-up" payment is payable simultaneously with the claim
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1 award.
2 (3.7) For the purpose of making up any deficiency in the
3 appropriation for the payment of claims directed pursuant to
4 the Line of Duty Compensation Act, there is hereby
5 appropriated, on a continuing annual basis in each fiscal
6 year, from the General Revenue Fund to the Court of Claims, the
7 amount, if any, by which the total appropriation for the
8 payment of claims directed pursuant to the Line of Duty
9 Compensation Act for the fiscal year is less than the amount
10 required for the payment of claims pursuant to the Line of Duty
11 Compensation Act for that fiscal year. The amount of any
12 continuing appropriation used by the Court of Claims under
13 this subsection (3.7) for a given fiscal year shall be charged
14 against the unexpended amount of any appropriation for line of
15 duty awards to the Court of Claims for that fiscal year that
16 subsequently becomes available. The Court of Claims shall
17 report to the President and Minority Leader of the Senate, the
18 Speaker and Minority Leader of the House of Representatives,
19 and the Governor's Office of Management and Budget any
20 continuing appropriation that is used at the conclusion of a
21 fiscal year.
22 (4) From funds appropriated by the General Assembly for
23 the purposes of paying claims under paragraph (c) of Section
24 8, the court must direct payment of each claim and the payment
25 must be received by the claimant within 60 days after the date
26 that the funds are appropriated for that purpose.
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1 (Source: P.A. 100-1124, eff. 11-27-18.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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