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92_SB1709 LRB9215605DJgc 1 AN ACT in relation to Second World War forced labor and 2 slave labor victims. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Treasurer Act is amended by adding 6 Section 15.5 as follows: 7 (15 ILCS 505/15.5 new) 8 Sec. 15.5. Victims of Second World War forced or slave 9 labor; monitoring; reports. 10 (a) The State Treasurer and the Illinois State Board of 11 Investment created under Article 22A of the Illinois Pension 12 Code shall jointly monitor all investments of moneys in 13 pension funds or retirement systems governed by Articles 1 14 through 18 of the Illinois Pension Code to determine whether 15 any of those moneys are invested in companies doing business 16 in Illinois, or affiliates of such companies, that owe 17 compensation to Second World War forced labor or slave labor 18 victims under Article XXIII of the Code of Civil Procedure. 19 Not later than December 31 of each year, the State Treasurer 20 and the Illinois State Board of Investment shall submit a 21 joint report of their findings and recommendations to the 22 General Assembly. 23 (b) The State Treasurer shall monitor all investments of 24 State moneys other than those described in subsection (a) to 25 determine whether any of those moneys are invested in 26 companies doing business in Illinois, or affiliates of such 27 companies, that owe compensation to Second World War forced 28 labor or slave labor victims under Article XXIII of the Code 29 of Civil Procedure. Not later than December 31 of each year, 30 the State Treasurer shall submit a report of his or her 31 findings and recommendations to the General Assembly. -2- LRB9215605DJgc 1 (c) The reports required under subsections (a) and (b) 2 may be combined into a single report for purposes of 3 submission to the General Assembly. 4 Section 10. The Illinois Pension Code is amended by 5 adding Section 22A-117 as follows: 6 (40 ILCS 5/22A-117 new) 7 Sec. 22A-117. Victims of Second World War forced or slave 8 labor; monitoring; reports. The Board and the State Treasurer 9 shall jointly monitor all investments of moneys in pension 10 funds or retirement systems governed by Articles 1 through 18 11 of this Code to determine whether any of those moneys are 12 invested in companies doing business in Illinois, or 13 affiliates of such companies, that owe compensation to Second 14 World War forced labor or slave labor victims under Article 15 XXIII of the Code of Civil Procedure. Not later than 16 December 31 of each year, the Board and the State Treasurer 17 shall submit a joint report of their findings and 18 recommendations to the General Assembly. 19 Section 15. The Code of Civil Procedure is amended by 20 adding Article XXIII as follows: 21 (735 ILCS 5/Art. XXIII heading new) 22 ARTICLE XXIII. VICTIMS OF SECOND WORLD 23 WAR FORCED OR SLAVE LABOR 24 (735 ILCS 5/23-5 new) 25 Sec. 23-5. Purpose. Thousands of victims of Nazi 26 persecution, and the heirs of victims of Nazi persecution, 27 are residents of the State of Illinois. These victims of 28 Nazi persecution have been deprived of their entitlement to 29 compensation for their labor and for injuries sustained while -3- LRB9215605DJgc 1 performing that labor as forced or slave laborers before and 2 during the Second World War. The State of Illinois has a 3 moral and public policy interest in ensuring that its 4 residents and citizens are given a reasonable opportunity to 5 claim their entitlement to compensation for forced or slave 6 labor performed before and during the Second World War. 7 To the extent that the statute of limitations applicable 8 to claims for compensation is extended by this Article, that 9 extension of the limitations period is intended to be applied 10 retroactively, irrespective of whether the claims were 11 otherwise barred by any applicable statute of limitations 12 under any other provision of law prior to the effective date 13 of this amendatory Act of the 92nd General Assembly. 14 (735 ILCS 5/23-10 new) 15 Sec. 23-10. Additional public policy. It is the intent of 16 the General Assembly to enact, in addition to the provisions 17 of this Article, additional public policy in any other case 18 of proven patterns of slave labor employed by firms presently 19 doing business in Illinois that served as the basis of 20 ill-gotten wealth at the expense of victims who are residents 21 of this State. 22 (735 ILCS 5/23-15 new) 23 Sec. 23-15. Cause of action. 24 (a) In this Article: 25 "Compensation" means the present value of wages and 26 benefits that individuals should have been paid and damages 27 for injuries sustained in connection with the labor 28 performed. Present value shall be calculated on the basis of 29 the market value of the services at the time they were 30 performed, plus interest from the time the services were 31 performed, compounded annually to the date of full payment 32 without diminution for wartime or postwar currency -4- LRB9215605DJgc 1 devaluation. 2 "Second World War forced labor victim" means any person 3 who was a member of a civilian population conquered by the 4 Nazi regime or its allies or sympathizers, or who was a 5 prisoner-of-war of the Nazi regime or its allies or 6 sympathizers, and who was forced to perform labor without pay 7 for any period of time between 1929 and 1945 by the Nazi 8 regime or its allies or sympathizers or by an enterprise 9 transacting business in any of the areas occupied by or under 10 control of the Nazi regime or its allies or sympathizers. 11 "Second World War slave labor victim" means any person 12 taken from a concentration camp or ghetto or diverted from 13 transportation to a concentration camp or from a ghetto to 14 perform labor without pay for any period of time between 1929 15 and 1945 by the Nazi regime or its allies or sympathizers or 16 by an enterprise transacting business in any of the areas 17 occupied by or under control of the Nazi regime or its allies 18 or sympathizers. 19 (b) A Second World War forced labor victim or Second 20 World War slave labor victim, or an heir of a Second World 21 War forced labor victim or Second World War slave labor 22 victim, may bring an action to recover compensation for labor 23 performed as a Second World War forced labor victim or Second 24 World War slave labor victim. The plaintiff may recover the 25 compensation from any entity for whom that labor was 26 performed, or from any successor in interest of such an 27 entity, regardless of whether that labor was performed for 28 that entity directly or for a subsidiary or affiliate of that 29 entity. 30 (c) An action under this Section shall be brought in the 31 circuit court, which shall have jurisdiction over the action 32 until its completion or resolution. 33 (735 ILCS 5/23-20 new) -5- LRB9215605DJgc 1 Sec. 23-20. Limitations. An action brought under this 2 Article may not be dismissed for failure to comply with the 3 applicable statute of limitations under this Code if the 4 action is commenced before January 1, 2013. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.
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