Full Text of SB1993 100th General Assembly
SB1993eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Court of Claims Act is amended by changing | 5 | | Section 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 the | 9 | | purposes
of this Section the Court may direct
immediate payment | 10 | | 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 | | (e) All other claims wherein the amount of the award of | 22 | | the Court
is less than $5,000.
| 23 | | (2) The court may, from funds specifically appropriated |
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| 1 | | from the General
Revenue Fund for this purpose, direct the | 2 | | payment of awards less than $50,000
solely as a result
of the | 3 | | lapsing of an appropriation originally made from any fund held | 4 | | by the
State Treasurer. For any such award paid from the | 5 | | General Revenue Fund, the
court
shall thereafter seek an | 6 | | appropriation from the fund from which the liability
originally | 7 | | accrued in reimbursement of the General Revenue Fund.
| 8 | | (3) In directing payment of a claim pursuant to the Line of | 9 | | Duty
Compensation Act, the Court must direct the Comptroller to | 10 | | add an interest penalty if payment of a claim is not made | 11 | | within 6 months after a claim is filed in accordance with | 12 | | Section 3 of the Line of Duty
Compensation Act and all | 13 | | information has been submitted as required under Section 4 of | 14 | | the Line of Duty
Compensation Act. If payment is not issued | 15 | | within the 6-month period, an interest penalty of 1% of the | 16 | | amount of the award shall be added for each month or fraction | 17 | | thereof after the end of the 6-month period, until final | 18 | | payment is made. This interest penalty shall be added | 19 | | regardless of whether the payment is not issued within the | 20 | | 6-month period because of the appropriation process, the | 21 | | consideration of the matter by the Court, or any other reason. | 22 | | (3.5) The interest penalty payment provided for in | 23 | | subsection (3) shall be added to all claims for which benefits | 24 | | were not paid as of the effective date of P.A. 95-928. The | 25 | | interest penalty shall be calculated starting from the | 26 | | effective date of P.A. 95-928, provided that the effective date |
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| 1 | | of P.A. 95-928 is at least 6 months after the date on which the | 2 | | claim was filed in accordance with Section 3 of the Line of | 3 | | Duty Compensation Act. In the event that the date 6 months | 4 | | after the date on which the claim was filed is later than the | 5 | | effective date of P.A. 95-928, the Court shall calculate the | 6 | | interest payment penalty starting from the date 6 months after | 7 | | the date on which the claim was filed in accordance with | 8 | | Section 3 of the Line of Duty Compensation Act. This subsection | 9 | | (3.5) of this amendatory Act of the 96th General Assembly is | 10 | | declarative of existing law. | 11 | | (3.6) In addition to the interest payments provided for in | 12 | | subsections (3) and (3.5), the Court shall direct the | 13 | | Comptroller to add a "catch-up" payment to the claims of | 14 | | eligible claimants. For the purposes of this subsection (3.6), | 15 | | an "eligible claimant" is a claimant whose claim is not paid in | 16 | | the year in which it was filed. For purposes of this subsection | 17 | | (3.6), "'catch-up' payment" is defined as the difference | 18 | | between the amount paid to claimants whose claims were filed in | 19 | | the year in which the eligible claimant's claim is paid and the | 20 | | amount paid to claimants whose claims were filed in the year in | 21 | | which the eligible claimant filed his or her claim. The | 22 | | "catch-up" payment is payable simultaneously with the claim | 23 | | award. | 24 | | (4)
From funds appropriated by the General Assembly for the | 25 | | purposes of
paying claims under paragraph (c) of Section 8, the | 26 | | court must direct payment
of each claim and the payment must be |
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| 1 | | received by the claimant within 60 days after the date that the | 2 | | funds are appropriated for that purpose. Absent an enacted | 3 | | appropriation in any State fiscal year, this subsection shall | 4 | | constitute a continuing appropriation to the Court of Claims of | 5 | | all amounts necessary for the purposes of paying claims under | 6 | | paragraph (c) of Section 8. If an appropriation to the Court of | 7 | | Claims of the amounts directed under this subsection (4) is | 8 | | enacted on or after July 1 of any calendar year, the continuing | 9 | | appropriation shall discontinue for that State fiscal year, and | 10 | | the enacted appropriation shall supersede. The appropriation | 11 | | authority granted in this amendatory Act of the 100th General | 12 | | Assembly is valid for State fiscal years beginning on or after | 13 | | July 1, 2017.
| 14 | | (Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | 15 | | 96-328, eff. 8-11-09; 96-539, eff. 1-1-10.)
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