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90_HB0718ham001
LRB9001715EGfgam01
1 AMENDMENT TO HOUSE BILL 718
2 AMENDMENT NO. . Amend House Bill 718 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Pension Code is amended by
5 changing Section 22-307 as follows:
6 (40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
7 Sec. 22-307. Common law or statutory rights barred.
8 Whenever any city or village enacts an ordinance pursuant to
9 this Division, no common law or statutory right to recover
10 damages against such city or village for injury or death
11 sustained by any policeman or fireman while engaged in the
12 line of his duty as such policeman or fireman, other than the
13 payment of the allowances of money and of the medical care
14 and hospital treatment provided in such ordinance, shall be
15 available to any policeman or fireman who is covered by the
16 provisions of such ordinance, or to anyone wholly or
17 partially dependent upon such policeman or fireman, or to the
18 legal representative of the estate of such policeman or
19 fireman, or to anyone who would otherwise be entitled to
20 recover damages for such injury or death. Nothing in this
21 Division 3 relieves any municipality with a population under
22 500,000 of its duties under the Workers' Compensation Act or
-2- LRB9001715EGfgam01
1 the Workers' Occupational Diseases Act. Nothing in this
2 Division 3 prevents any policeman or fireman in a
3 municipality with a population under 500,000 from recovery
4 under the Workers' Compensation Act or the Workers'
5 Occupational Diseases Act.
6 If any action against such city or village to enforce a
7 common law or statutory right to recover damages for
8 negligently causing the injury or death of any policeman or
9 fireman, is pending, for trial or on appeal, at the time this
10 Division shall come in force or is so pending at the time
11 such ordinance is enacted, the amount of any award or
12 allowance of money made pursuant to such ordinance shall not
13 be paid while such action is so pending and shall be reduced,
14 before payment, by the amount of any judgment obtained
15 against such city or village in such pending action; or such
16 allowance of money, if already paid, together with all moneys
17 expended pursuant to such ordinance for medical care and
18 hospital expenses, may be set off against such judgment,
19 either in such pending action or through other appropriate
20 action by such city or village.
21 (Source: Laws 1963, p. 161.)
22 Section 90. The State Mandates Act is amended by adding
23 Section 8.21 as follows:
24 (30 ILCS 805/8.21 new)
25 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
26 and 8 of this Act, no reimbursement by the State is required
27 for the implementation of any mandate created by this
28 amendatory Act of 1997.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".