Bill Text: IL SB1993 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Court of Claims Act. Absent an enacted appropriation in any State fiscal year, makes a continuing appropriation to the Court of Claims of all amounts necessary for the purposes of paying claims for time unjustly served in prisons of this State. Provides that if an appropriation for claims for unjust imprisonment is enacted on or after July 1 of any calendar year, the continuing appropriation shall discontinue for that State fiscal year, and the enacted appropriation shall supersede. Provides that the appropriation authority granted in the amendatory Act is valid for State fiscal years beginning on or after July 1, 2017.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Engrossed) 2017-05-26 - Final Action Deadline Extended-9(b) May 31, 2017 [SB1993 Detail]

Download: Illinois-2017-SB1993-Engrossed.html



SB1993 EngrossedLRB100 10121 HEP 20295 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Court of Claims Act is amended by changing
5Section 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
9purposes of this Section the Court may direct immediate payment
10of:
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

SB1993 Engrossed- 2 -LRB100 10121 HEP 20295 b
1from the General Revenue Fund for this purpose, direct the
2payment of awards less than $50,000 solely as a result of the
3lapsing of an appropriation originally made from any fund held
4by the State Treasurer. For any such award paid from the
5General Revenue Fund, the court shall thereafter seek an
6appropriation from the fund from which the liability originally
7accrued in reimbursement of the General Revenue Fund.
8 (3) In directing payment of a claim pursuant to the Line of
9Duty Compensation Act, the Court must direct the Comptroller to
10add an interest penalty if payment of a claim is not made
11within 6 months after a claim is filed in accordance with
12Section 3 of the Line of Duty Compensation Act and all
13information has been submitted as required under Section 4 of
14the Line of Duty Compensation Act. If payment is not issued
15within the 6-month period, an interest penalty of 1% of the
16amount of the award shall be added for each month or fraction
17thereof after the end of the 6-month period, until final
18payment is made. This interest penalty shall be added
19regardless of whether the payment is not issued within the
206-month period because of the appropriation process, the
21consideration of the matter by the Court, or any other reason.
22 (3.5) The interest penalty payment provided for in
23subsection (3) shall be added to all claims for which benefits
24were not paid as of the effective date of P.A. 95-928. The
25interest penalty shall be calculated starting from the
26effective date of P.A. 95-928, provided that the effective date

SB1993 Engrossed- 3 -LRB100 10121 HEP 20295 b
1of P.A. 95-928 is at least 6 months after the date on which the
2claim was filed in accordance with Section 3 of the Line of
3Duty Compensation Act. In the event that the date 6 months
4after the date on which the claim was filed is later than the
5effective date of P.A. 95-928, the Court shall calculate the
6interest payment penalty starting from the date 6 months after
7the date on which the claim was filed in accordance with
8Section 3 of the Line of Duty Compensation Act. This subsection
9(3.5) of this amendatory Act of the 96th General Assembly is
10declarative of existing law.
11 (3.6) In addition to the interest payments provided for in
12subsections (3) and (3.5), the Court shall direct the
13Comptroller to add a "catch-up" payment to the claims of
14eligible claimants. For the purposes of this subsection (3.6),
15an "eligible claimant" is a claimant whose claim is not paid in
16the year in which it was filed. For purposes of this subsection
17(3.6), "'catch-up' payment" is defined as the difference
18between the amount paid to claimants whose claims were filed in
19the year in which the eligible claimant's claim is paid and the
20amount paid to claimants whose claims were filed in the year in
21which the eligible claimant filed his or her claim. The
22"catch-up" payment is payable simultaneously with the claim
23award.
24 (4) From funds appropriated by the General Assembly for the
25purposes of paying claims under paragraph (c) of Section 8, the
26court must direct payment of each claim and the payment must be

SB1993 Engrossed- 4 -LRB100 10121 HEP 20295 b
1received by the claimant within 60 days after the date that the
2funds are appropriated for that purpose. Absent an enacted
3appropriation in any State fiscal year, this subsection shall
4constitute a continuing appropriation to the Court of Claims of
5all amounts necessary for the purposes of paying claims under
6paragraph (c) of Section 8. If an appropriation to the Court of
7Claims of the amounts directed under this subsection (4) is
8enacted on or after July 1 of any calendar year, the continuing
9appropriation shall discontinue for that State fiscal year, and
10the enacted appropriation shall supersede. The appropriation
11authority granted in this amendatory Act of the 100th General
12Assembly is valid for State fiscal years beginning on or after
13July 1, 2017.
14(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08;
1596-328, eff. 8-11-09; 96-539, eff. 1-1-10.)
feedback