Bill Text: IL HB2202 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Court of Claims Act. Provides that all claims against the State for damages in cases sounding in tort, if a like cause of action would lie against a private person or corporation in a civil suit, and all like claims sounding in tort against the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy shall be payable through the General Revenue Fund and not the University or Academy itself.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2202 Detail]

Download: Illinois-2019-HB2202-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2202 Introduced , by Rep. Norine K. Hammond SYNOPSIS AS INTRODUCED:
705 ILCS 505/24 from Ch. 37, par. 439.24
Amends the Court of Claims Act. Provides that all claims against the State for damages in cases sounding in tort, if a like cause of action would lie against a private person or corporation in a civil suit, and all like claims sounding in tort against the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy shall be payable through the General Revenue Fund and not the University or Academy itself.
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A BILL FOR
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AN ACT concerning courts.
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
subsection (3) shall be added to all claims for which benefits

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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
award.

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(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.
(5) All claims against the State for damages in cases
sounding in tort, if a like cause of action would lie against a
private person or corporation in a civil suit, and all like
claims sounding in tort against the Board of Trustees of the
University of Illinois, the Board of Trustees of Southern
Illinois University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, or the Board of
Trustees of the Illinois Mathematics and Science Academy shall
be payable through the General Revenue Fund and not the
University or Academy itself.
(Source: P.A. 100-1124, eff. 11-27-18.)