Illinois General Assembly - Full Text of HB5785
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Full Text of HB5785  102nd General Assembly

HB5785 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5785

 

Introduced 11/16/2022, by Rep. Dave Vella - Frances Ann Hurley - Jay Hoffman - Lance Yednock - Michael Kelly, et al.

 

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 on any continuing appropriation that is used at the conclusion of a fiscal year. Effective immediately.


LRB102 27945 SPS 39743 b

 

 

A BILL FOR

 

HB5785LRB102 27945 SPS 39743 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Court of Claims Act is amended by changing
5Section 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
9the purposes of this Section the Court may direct immediate
10payment 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.

 

 

HB5785- 2 -LRB102 27945 SPS 39743 b

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
4from the General Revenue Fund for this purpose, direct the
5payment of awards less than $50,000 solely as a result of the
6lapsing of an appropriation originally made from any fund held
7by the State Treasurer. For any such award paid from the
8General Revenue Fund, the court shall thereafter seek an
9appropriation from the fund from which the liability
10originally accrued in reimbursement of the General Revenue
11Fund.
12    (3) In directing payment of a claim pursuant to the Line of
13Duty Compensation Act, the Court must direct the Comptroller
14to add an interest penalty if payment of a claim is not made
15within 6 months after a claim is filed in accordance with
16Section 3 of the Line of Duty Compensation Act and all
17information has been submitted as required under Section 4 of
18the Line of Duty Compensation Act. If payment is not issued
19within the 6-month period, an interest penalty of 1% of the
20amount of the award shall be added for each month or fraction
21thereof after the end of the 6-month period, until final
22payment is made. This interest penalty shall be added
23regardless of whether the payment is not issued within the
246-month period because of the appropriation process, the
25consideration of the matter by the Court, or any other reason.
26    (3.5) The interest penalty payment provided for in

 

 

HB5785- 3 -LRB102 27945 SPS 39743 b

1subsection (3) shall be added to all claims for which benefits
2were not paid as of the effective date of P.A. 95-928. The
3interest penalty shall be calculated starting from the
4effective date of P.A. 95-928, provided that the effective
5date of P.A. 95-928 is at least 6 months after the date on
6which the claim was filed in accordance with Section 3 of the
7Line of Duty Compensation Act. In the event that the date 6
8months after the date on which the claim was filed is later
9than the effective date of P.A. 95-928, the Court shall
10calculate the interest payment penalty starting from the date
116 months after the date on which the claim was filed in
12accordance with Section 3 of the Line of Duty Compensation
13Act. This subsection (3.5) of this amendatory Act of the 96th
14General Assembly is declarative of existing law.
15    (3.6) In addition to the interest payments provided for in
16subsections (3) and (3.5), the Court shall direct the
17Comptroller to add a "catch-up" payment to the claims of
18eligible claimants. For the purposes of this subsection (3.6),
19an "eligible claimant" is a claimant whose claim is not paid in
20the year in which it was filed. For purposes of this subsection
21(3.6), "'catch-up' payment" is defined as the difference
22between the amount paid to claimants whose claims were filed
23in the year in which the eligible claimant's claim is paid and
24the amount paid to claimants whose claims were filed in the
25year in which the eligible claimant filed his or her claim. The
26"catch-up" payment is payable simultaneously with the claim

 

 

HB5785- 4 -LRB102 27945 SPS 39743 b

1award.
2    (3.7) For the purpose of making up any deficiency in the
3appropriation for the payment of claims directed pursuant to
4the Line of Duty Compensation Act, there is hereby
5appropriated, on a continuing annual basis in each fiscal
6year, from the General Revenue Fund to the Court of Claims, the
7amount, if any, by which the total appropriation for the
8payment of claims directed pursuant to the Line of Duty
9Compensation Act for the fiscal year is less than the amount
10required for the payment of claims pursuant to the Line of Duty
11Compensation Act for that fiscal year. The amount of any
12continuing appropriation used by the Court of Claims under
13this subsection (3.7) for a given fiscal year shall be charged
14against the unexpended amount of any appropriation for line of
15duty awards to the Court of Claims for that fiscal year that
16subsequently becomes available. The Court of Claims shall
17report to the President and Minority Leader of the Senate, the
18Speaker and Minority Leader of the House of Representatives,
19and the Governor's Office of Management and Budget on any
20continuing appropriation that is used at the conclusion of a
21fiscal year.
22    (4) From funds appropriated by the General Assembly for
23the purposes of paying claims under paragraph (c) of Section
248, the court must direct payment of each claim and the payment
25must be received by the claimant within 60 days after the date
26that the funds are appropriated for that purpose.

 

 

HB5785- 5 -LRB102 27945 SPS 39743 b

1(Source: P.A. 100-1124, eff. 11-27-18.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.