Full Text of SB2489 95th General Assembly
SB2489eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning certain individuals killed in the line of | 2 |
| duty.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Prompt Payment Act is amended by | 6 |
| changing Section 3-1 as follows:
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| (30 ILCS 540/3-1) (from Ch. 127, par. 132.403-1)
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| Sec. 3-1. The Illinois Court of Claims shall, in its | 9 |
| investigation of
payments due claimants, provide for interest | 10 |
| penalties as prescribed in this
Act ; however, interest | 11 |
| penalties in claims pursuant to the Line of Duty
Compensation | 12 |
| Act shall be paid in accordance with subsection (3) of Section | 13 |
| 24 of the Court of Claims Act .
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| (Source: P.A. 87-773; 87-1232.)
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| Section 10. The Court of Claims Act is amended by changing | 16 |
| Sections 22 and 24 as follows:
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| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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| Sec. 22. Every claim cognizable by the Court and not | 19 |
| otherwise sooner
barred by law shall be forever barred from | 20 |
| prosecution therein unless it
is filed with the Clerk of the | 21 |
| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed | 2 |
| within 5
years after it first accrues, saving to minors, and | 3 |
| persons under legal
disability at the time the claim accrues, | 4 |
| in which cases the claim must be
filed within 5 years from the | 5 |
| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of | 7 |
| goods or services
under "The Illinois Public Aid Code", | 8 |
| approved April 11, 1967, as amended,
must file within one year | 9 |
| after the accrual of the cause of action, as provided
in | 10 |
| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of | 12 |
| this Act must
be filed within 2 years after the person | 13 |
| asserting such claim is discharged
from prison, or is granted a | 14 |
| pardon by the Governor, whichever occurs later,
except as | 15 |
| otherwise provided by the Crime Victims Compensation Act.
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| (d) All claims arising under paragraph (f) of Section 8 of | 17 |
| this Act must
be filed within the time set forth one year of | 18 |
| the date of the death of the law enforcement
officer or fireman | 19 |
| as provided in Section 3 of the Line of Duty "Law Enforcement
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| Officers and Firemen Compensation Act ", approved September 30, | 21 |
| 1969, as amended .
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| (e) All claims arising under paragraph (h) of Section 8 of | 23 |
| this Act must
be filed within one year of the date of the death | 24 |
| of the guardsman or
militiaman as provided in Section 3 of the | 25 |
| "Illinois National Guardsman's
and Naval Militiaman's | 26 |
| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of | 2 |
| this Act must
be filed within one year of the crime on which a | 3 |
| claim is based as
provided in Section 6.1 of the "Crime Victims | 4 |
| Compensation Act", approved
August 23, 1973, as amended.
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| (g) All claims arising from the Comptroller's refusal to | 6 |
| issue a
replacement warrant pursuant to Section 10.10 of the | 7 |
| State Comptroller Act
must be filed within 5 years after the | 8 |
| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it | 10 |
| first accrues,
saving to minors, and persons under legal | 11 |
| disability at the time the claim
accrues, in which case the | 12 |
| claim must be filed within 2 years from the time
the disability | 13 |
| ceases.
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| (i) The changes made by this amendatory Act of 1989 shall | 15 |
| apply to all
warrants issued within the 5 year period preceding | 16 |
| the effective date of
this amendatory Act of 1989.
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| (j) All time limitations established under this Act and the | 18 |
| rules
promulgated under this Act shall be binding and | 19 |
| jurisdictional, except upon
extension authorized by law or rule | 20 |
| and granted pursuant to a motion timely filed.
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| (Source: P.A. 86-458.)
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| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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| Sec. 24. Payment of awards.
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| (1) From funds appropriated by the General Assembly for the | 25 |
| purposes
of this Section the Court may direct
immediate payment |
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| of:
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| (a) All claims arising solely as a result of the | 3 |
| lapsing of an
appropriation out of which the obligation | 4 |
| could have been paid.
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| (b) All claims pursuant to the Line of Duty "Law | 6 |
| Enforcement Officers and Firemen
Compensation Act ", | 7 |
| approved September 30, 1969, as amended .
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| (c) All claims pursuant to the "Illinois National | 9 |
| Guardsman's and
Naval Militiaman's Compensation Act", | 10 |
| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims | 12 |
| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of | 14 |
| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated | 16 |
| from the General
Revenue Fund for this purpose, direct the | 17 |
| payment of awards less than $50,000
solely as a result
of the | 18 |
| lapsing of an appropriation originally made from any fund held | 19 |
| by the
State Treasurer. For any such award paid from the | 20 |
| General Revenue Fund, the
court
shall thereafter seek an | 21 |
| appropriation from the fund from which the liability
originally | 22 |
| accrued in reimbursement of the General Revenue Fund.
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| (3) In directing payment of a claim pursuant to the Line of | 24 |
| Duty
Compensation Act, the Court must direct the Comptroller to | 25 |
| add an interest penalty if payment of a claim is not made | 26 |
| within 6 months after a claim is filed in accordance with |
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| Section 3 of the Line of Duty
Compensation Act and all | 2 |
| information has been submitted as required under Section 4 of | 3 |
| the Line of Duty
Compensation Act. If payment is not issued | 4 |
| within the 6-month period, an interest penalty of 1% of the | 5 |
| amount of the award shall be added for each month or fraction | 6 |
| thereof after the end of the 6-month period, until final | 7 |
| payment is made. This interest penalty shall be added | 8 |
| regardless of whether the payment is not issued within the | 9 |
| 6-month period because of the appropriation process, the | 10 |
| consideration of the matter by the Court, or any other reason. | 11 |
| (Source: P.A. 92-357, eff. 8-15-01.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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