IL
Illinois House Bill HB5278

Illinois 2023-2024 Regular Session

Illinois House Bill HB5278 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5278 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 745 ILCS 10/9-104 from Ch. 85, par. 9-104745 ILCS 10/9-106 from Ch. 85, par. 9-106 Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that if a local public entity does not pay a court order or administrative agency order requiring payment to a local entity during the fiscal year it becomes final, or cannot pay a judgment, court order, or administrative agency order due to the overall revenue of the local public entity and the overall volume of operating expenses and debts, and if the payment of the judgment, court order, settlement agreement, or administrative agency order creates an unreasonable financial hardship for the local public entity, it shall pay the balance of the judgment, court order, settlement agreement, or administrative agency order in installments. Provides that a local public entity shall have the power of judicial relief to restructure the settlement agreement if the payment of the settlement agreement creates an unreasonable hardship for the local public entity. Provides that a local public entity that derives revenue for its maintenance and operation from rates and charges made for services or facilities it provides shall make rates and charges in an amount sufficient to pay all its tort judgments and settlements under the Payment of Claims and Judgment Article of the Act and its obligations under the Workers' Compensation Act, the Workers' Occupational Diseases Act, and the Unemployment Insurance Act, to the extent possible. LRB103 35040 LNS 64977 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5278 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 745 ILCS 10/9-104 from Ch. 85, par. 9-104745 ILCS 10/9-106 from Ch. 85, par. 9-106 745 ILCS 10/9-104 from Ch. 85, par. 9-104 745 ILCS 10/9-106 from Ch. 85, par. 9-106 Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that if a local public entity does not pay a court order or administrative agency order requiring payment to a local entity during the fiscal year it becomes final, or cannot pay a judgment, court order, or administrative agency order due to the overall revenue of the local public entity and the overall volume of operating expenses and debts, and if the payment of the judgment, court order, settlement agreement, or administrative agency order creates an unreasonable financial hardship for the local public entity, it shall pay the balance of the judgment, court order, settlement agreement, or administrative agency order in installments. Provides that a local public entity shall have the power of judicial relief to restructure the settlement agreement if the payment of the settlement agreement creates an unreasonable hardship for the local public entity. Provides that a local public entity that derives revenue for its maintenance and operation from rates and charges made for services or facilities it provides shall make rates and charges in an amount sufficient to pay all its tort judgments and settlements under the Payment of Claims and Judgment Article of the Act and its obligations under the Workers' Compensation Act, the Workers' Occupational Diseases Act, and the Unemployment Insurance Act, to the extent possible. LRB103 35040 LNS 64977 b LRB103 35040 LNS 64977 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5278 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
33 745 ILCS 10/9-104 from Ch. 85, par. 9-104745 ILCS 10/9-106 from Ch. 85, par. 9-106 745 ILCS 10/9-104 from Ch. 85, par. 9-104 745 ILCS 10/9-106 from Ch. 85, par. 9-106
44 745 ILCS 10/9-104 from Ch. 85, par. 9-104
55 745 ILCS 10/9-106 from Ch. 85, par. 9-106
66 Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that if a local public entity does not pay a court order or administrative agency order requiring payment to a local entity during the fiscal year it becomes final, or cannot pay a judgment, court order, or administrative agency order due to the overall revenue of the local public entity and the overall volume of operating expenses and debts, and if the payment of the judgment, court order, settlement agreement, or administrative agency order creates an unreasonable financial hardship for the local public entity, it shall pay the balance of the judgment, court order, settlement agreement, or administrative agency order in installments. Provides that a local public entity shall have the power of judicial relief to restructure the settlement agreement if the payment of the settlement agreement creates an unreasonable hardship for the local public entity. Provides that a local public entity that derives revenue for its maintenance and operation from rates and charges made for services or facilities it provides shall make rates and charges in an amount sufficient to pay all its tort judgments and settlements under the Payment of Claims and Judgment Article of the Act and its obligations under the Workers' Compensation Act, the Workers' Occupational Diseases Act, and the Unemployment Insurance Act, to the extent possible.
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1212 1 AN ACT concerning civil law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Local Governmental and Governmental
1616 5 Employees Tort Immunity Act is amended by changing Sections
1717 6 9-104 and 9-106 as follows:
1818 7 (745 ILCS 10/9-104) (from Ch. 85, par. 9-104)
1919 8 Sec. 9-104. Nonpayment of judgments, orders, or
2020 9 agreements; installment payments.
2121 10 (a) Subject to subsection (b) of this Section, if a local
2222 11 public entity does not pay a tort judgment, other court order,
2323 12 or administrative agency order requiring a payment to a local
2424 13 entity during the fiscal year in which it becomes final, or
2525 14 cannot pay a judgment, court order, or administrative agency
2626 15 order under the terms ordered due to the overall revenue of the
2727 16 local public entity and the overall volume of operating
2828 17 expenses and debts, and if, in the opinion of its governing
2929 18 body, the payment of the judgment, court order, settlement
3030 19 agreement, or administrative agency order creates an
3131 20 unreasonable financial hardship for the local public entity,
3232 21 it shall pay the balance of the judgment, court order,
3333 22 settlement agreement, or administrative agency order, with
3434 23 interest thereon, in installments.
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5278 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
3939 745 ILCS 10/9-104 from Ch. 85, par. 9-104745 ILCS 10/9-106 from Ch. 85, par. 9-106 745 ILCS 10/9-104 from Ch. 85, par. 9-104 745 ILCS 10/9-106 from Ch. 85, par. 9-106
4040 745 ILCS 10/9-104 from Ch. 85, par. 9-104
4141 745 ILCS 10/9-106 from Ch. 85, par. 9-106
4242 Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that if a local public entity does not pay a court order or administrative agency order requiring payment to a local entity during the fiscal year it becomes final, or cannot pay a judgment, court order, or administrative agency order due to the overall revenue of the local public entity and the overall volume of operating expenses and debts, and if the payment of the judgment, court order, settlement agreement, or administrative agency order creates an unreasonable financial hardship for the local public entity, it shall pay the balance of the judgment, court order, settlement agreement, or administrative agency order in installments. Provides that a local public entity shall have the power of judicial relief to restructure the settlement agreement if the payment of the settlement agreement creates an unreasonable hardship for the local public entity. Provides that a local public entity that derives revenue for its maintenance and operation from rates and charges made for services or facilities it provides shall make rates and charges in an amount sufficient to pay all its tort judgments and settlements under the Payment of Claims and Judgment Article of the Act and its obligations under the Workers' Compensation Act, the Workers' Occupational Diseases Act, and the Unemployment Insurance Act, to the extent possible.
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5151 745 ILCS 10/9-104 from Ch. 85, par. 9-104
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7171 1 (b) The court which enters judgment shall order that the
7272 2 governing body pay the judgment, with interest thereon, in not
7373 3 exceeding 10 annual installments if both of the following
7474 4 conditions are satisfied:
7575 5 (1) The governing body of the local public entity has
7676 6 adopted an ordinance or resolution finding that an
7777 7 unreasonable hardship will result unless the judgment is
7878 8 paid in installments.
7979 9 (2) The court, after hearing, has found that payment
8080 10 of the judgment in installments as ordered by the court is
8181 11 necessary to avoid an unreasonable hardship.
8282 12 (c) Each installment payment shall be of an equal portion
8383 13 of the principal of the judgment except that where a judgment
8484 14 is $500,000 or more the court may, upon a showing by the
8585 15 plaintiff of an extraordinary need for immediate funds in
8686 16 order to secure medical necessities immediately after
8787 17 judgment, including, but not limited to, equipment, supplies,
8888 18 medication, residence, or other items, order that unequal
8989 19 payments of the principal of the judgment be made in
9090 20 proportions to be determined by the court, but in no event
9191 21 shall any increase in a payment cause such payment to be
9292 22 greater than 50% of the judgment. The local public entity, in
9393 23 its discretion, may prepay any one or more installments or any
9494 24 part of an installment.
9595 25 (d) A local public entity shall have the power to enter
9696 26 into a settlement agreement subject to a term not to exceed the
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107107 1 period of years negotiated by the parties and shall have the
108108 2 power of judicial relief to restructure the settlement
109109 3 agreement if, in the opinion of the public body, the payment of
110110 4 the settlement agreement creates an unreasonable hardship for
111111 5 the local public entity.
112112 6 (Source: P.A. 84-1431.)
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