HB4006 99TH GENERAL ASSEMBLY

LRB099 11163 MGM 31653 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4006

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.866 new

Creates the Burn Victims Relief Act, which may be referred to as the George Bailey Memorial Law. Creates the George Bailey Memorial Program, under which a burn victim who, through no fault of his or her own, has become disabled and has been told by 2 independent physicians that his or her prognosis is that he or she has less than 18 months left to live shall immediately receive the 5 months' pay that he or she would have received for Social Security had there not been a mandatory 5-month waiting period. Provides for penalties for fraud. Creates the George Bailey Memorial Board to carry out the Program. Creates the George Bailey Memorial Fund as a special fund in the State treasury and amends the State Finance Act to list the Fund as a special fund. Provides for repayments to the Fund under specified conditions. Provides that fire insurance companies shall pay amounts assessed by the Department of Insurance and that the Department shall pay the money so received into the George Bailey Memorial Fund.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning burn victims.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Burn Victims Relief Act, which may be referred to as the George Bailey Memorial Law.

Section 5. The George Bailey Memorial Program.

(a) The George Bailey Memorial Program is created, under which any burn victim who, through no fault of his or her own, has become disabled and has been told by 2 independent physicians that his or her prognosis is that he or she has less than 18 months left to live shall immediately receive the 5 months' pay that he or she would have received for Social Security had there not been a mandatory 5-month waiting period. The person shall receive the same amount that he or she would receive under the federal Supplemental Security income program, minus $25. This amount shall be paid in equal payments for 5 months, ending after the end of the 5-month period or upon the applicant's death.

As used in this Section, "through no fault of his or her own" means that the individual is not the proximate cause of his or her injury, through either gross negligence or by use of a substance that is well known to possibly cause grave bodily injury by a short amount of use or exposure.

(b) Any moneys that a person or his or her estate, trust, or heirs receive from a settlement for the injury that is the proximate cause of person's disability under this Act shall be used to repay the George Bailey Memorial Fund, except as provided under subsection (k) of this Section. The moneys shall be paid directly to the office of the Treasurer and shall be forwarded to the fund minus a 20% administrative fee.

(c) Any person meeting the requirements of subsection (a) and whose application to the Board is approved unanimously shall be eligible to participate in the Program.

(d) Any active member of the United States armed forces shall be eligible if he or she was a resident of Illinois for at least 12 months before enlisting and he or she planned to return to Illinois.

(e) Any legal resident of Illinois who, at the time of the injury, was a resident of Illinois who would qualify under subsection (a) shall not be disqualified for residency requirements, provided that he or she was a legal resident at the time of the injury.

(f) Fraud committed by a physician concerning the diagnosis under subsection (a), or a person attempting to obtain money, or by a State official who knowingly helps to defraud the State through an act in relation to the Program shall be a Class 3 felony.

(g) The George Bailey Memorial Board is created. The Board shall consist of 5 persons. No member of the Board shall receive any stipend, refund, mileage, or expense reimbursements.

(h) The George Bailey Memorial Fund is created as a special fund in the State treasury. The fund shall be distributed from the Treasurer's office and the administrative moneys described in subsection (b) shall cover those costs.

(i) The Board shall be appointed in 2-year renewable terms in the following manner:

(1) one member shall be appointed by the Speaker of the House of Representatives;

(2) one member shall be appointed by the House Minority Leader;

(3) one member shall be appointed by the President of the Senate;

(4) one member shall be appointed by the Senate Minority Leader; and

(5) one member shall be appointed by the Governor.

After a member has been appointed to the Board, the person may not be removed except for good cause by the Inspector General. If such a removal occurs, the Governor shall appoint the successor, unless it was the Governor's appointee, in which case the Treasurer shall appoint the successor to serve the remainder of the term. No appointee or any State official may directly or indirectly compensate any Board member.

(j) Any legal resident of Illinois is eligible for participation in the Program and shall not be disqualified if the injury occurs outside of the State.

(k) The State shall have lien rights against all settlements or moneys otherwise collected due to the injury under this Act, but if the amount collected is less than the amount owed to the State through the Program, the State may not attached anything beyond the moneys given under the Program.

Section 10. Payments to the George Bailey Memorial Fund. Every fire insurance company, whether upon the stock or mutual plan, and every other personal or business entity doing any form of fire insurance business in the State of Illinois, (i) shall pay to the Department of Insurance in the month of March each year such amount as may be assessed by the Department of Insurance, which the Department shall establish after a thorough study and estimate of the amount needed to fund the George Bailey Memorial Program and which may not exceed 1% of the gross fire, sprinkler leakage, riot, civil commotion, explosion and motor vehicle fire risk premium receipts of such company or other entity from such business done in the State of Illinois during the preceding year and (ii) shall make an annual report or statement under oath to the Department specifying the amount of such premiums received during the preceding year. The Department of Insurance shall pay the money so received into the George Bailey Memorial Fund, to be used as specified in this Act.

Section 90. The State Finance Act is amended by adding Section 5.866 as follows:

(30 ILCS 105/5.866 new)

Sec. 5.866. The George Bailey Memorial Fund.