Bill Text: IL HB1208 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-02-02 - Added Co-Sponsor Rep. Brandun Schweizer [HB1208 Detail]

Download: Illinois-2023-HB1208-Introduced.html

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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.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Court of Claims Act is amended by changing
Section 24 as follows:
(705 ILCS 505/24) (from Ch. 37, par. 439.24)
Sec. 24. Payment of awards.
(1) From funds appropriated by the General Assembly for
the purposes of this Section the Court may direct immediate
payment of:
(a) All claims arising solely as a result of the
lapsing of an appropriation out of which the obligation
could have been paid.
(b) All claims pursuant to the Line of Duty
Compensation Act.
(c) All claims pursuant to the "Illinois National
Guardsman's and Naval Militiaman's Compensation Act",
approved August 12, 1971, as amended.
(d) All claims pursuant to the "Crime Victims
Compensation Act", approved August 23, 1973, as amended.
(d-5) All claims against the State for unjust
imprisonment as provided in subsection (c) of Section 8 of
this Act.

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(e) All other claims wherein the amount of the award
of the Court is less than $50,000.
(2) The court may, from funds specifically appropriated
from the General Revenue Fund for this purpose, direct the
payment of awards less than $50,000 solely as a result of the
lapsing of an appropriation originally made from any fund held
by the State Treasurer. For any such award paid from the
General Revenue Fund, the court shall thereafter seek an
appropriation from the fund from which the liability
originally accrued in reimbursement of the General Revenue
Fund.
(3) In directing payment of a claim pursuant to the Line of
Duty Compensation Act, the Court must direct the Comptroller
to add an interest penalty if payment of a claim is not made
within 6 months after a claim is filed in accordance with
Section 3 of the Line of Duty Compensation Act and all
information has been submitted as required under Section 4 of
the Line of Duty Compensation Act. If payment is not issued
within the 6-month period, an interest penalty of 1% of the
amount of the award shall be added for each month or fraction
thereof after the end of the 6-month period, until final
payment is made. This interest penalty shall be added
regardless of whether the payment is not issued within the
6-month period because of the appropriation process, the
consideration of the matter by the Court, or any other reason.
(3.5) The interest penalty payment provided for in

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

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award.
(3.7) 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 hereby
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. The amount of any
continuing appropriation used by the Court of Claims under
this subsection (3.7) 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. The Court of Claims shall
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.
(4) From funds appropriated by the General Assembly for
the purposes of paying claims under paragraph (c) of Section
8, the court must direct payment of each claim and the payment
must be received by the claimant within 60 days after the date
that the funds are appropriated for that purpose.

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