Bill Text: IL HB5787 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Court of Claims Act. Creates the COVID-19 Family Assistance Program. Provides for the Court of Claims to administer a program for the payment of $50,000 to families of persons who die because of COVID-19. Authorizes the Court of Claims to issue rules necessary for the administration of the Program. Requires annual reports to the Governor and General Assembly. Amends the Line of Duty Compensation Act. Creates a benefit of $100,000 for health care workers who die as a result of COVID-19. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-08-31 - Added Chief Co-Sponsor Rep. Mary E. Flowers [HB5787 Detail]

Download: Illinois-2019-HB5787-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5787

Introduced , by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:
705 ILCS 505/9.7 new
820 ILCS 315/2 from Ch. 48, par. 282
820 ILCS 315/3 from Ch. 48, par. 283
820 ILCS 315/4 from Ch. 48, par. 284

Amends the Court of Claims Act. Creates the COVID-19 Family Assistance Program. Provides for the Court of Claims to administer a program for the payment of $50,000 to families of persons who die because of COVID-19. Authorizes the Court of Claims to issue rules necessary for the administration of the Program. Requires annual reports to the Governor and General Assembly. Amends the Line of Duty Compensation Act. Creates a benefit of $100,000 for health care workers who die as a result of COVID-19. Defines terms. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning employment.
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 adding
5Section 9.7 as follows:
6 (705 ILCS 505/9.7 new)
7 Sec. 9.7. COVID-19 Family Assistance Program.
8 (a) In this Section:
9 "COVID-19" means the illness caused by the coronavirus
10SARS-CoV-2.
11 (b) Within the Court of Claims, there is established a
12COVID-19 Family Assistance Program, which is charged with the
13responsibility of providing assistance to families of persons
14who die as a result of COVID-19.
15 (c) A family is entitled to assistance under this Section
16if, within one year after the death of a family member
17resulting from COVID-19, an application is filed, under oath,
18with the Court of Claims and on a form prescribed by the Court
19of Claims.
20 (d) The amount of assistance under this Section is $50,000
21payable in a lump sum. Payments under this Section are subject
22to appropriation.
23 (e) The Court shall issue rules necessary for the

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1administration of the COVID-19 Family Assistance Program.
2 (f) On or before January 1 of each year, the Court of
3Claims shall report to the Governor and to the General Assembly
4the following information:
5 (1) the number of claims filed with the Court of Claims
6 under this Section;
7 (2) the number of claims approved for payment by the
8 Court of Claims during the preceding calendar year; and
9 (3) other information as may be requested by the
10 Governor.
11 Section 10. The Line of Duty Compensation Act is amended by
12changing Sections 2, 3, and 4 as follows:
13 (820 ILCS 315/2) (from Ch. 48, par. 282)
14 Sec. 2. As used in this Act, unless the context otherwise
15requires:
16 (a) "Law enforcement officer" or "officer" means any person
17employed by the State or a local governmental entity as a
18policeman, peace officer, auxiliary policeman or in some like
19position involving the enforcement of the law and protection of
20the public interest at the risk of that person's life. This
21includes supervisors, wardens, superintendents and their
22assistants, guards and keepers, correctional officers, youth
23supervisors, parole agents, aftercare specialists, school
24teachers and correctional counsellors in all facilities of both

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1the Department of Corrections and the Department of Juvenile
2Justice, while within the facilities under the control of the
3Department of Corrections or the Department of Juvenile Justice
4or in the act of transporting inmates or wards from one
5location to another or while performing their official duties,
6and all other Department of Correction or Department of
7Juvenile Justice employees who have daily contact with inmates.
8 The death of the foregoing employees of the Department of
9Corrections or the Department of Juvenile Justice in order to
10be included herein must be by the direct or indirect willful
11act of an inmate, ward, work-releasee, parolee, aftercare
12releasee, parole violator, aftercare release violator, person
13under conditional release, or any person sentenced or
14committed, or otherwise subject to confinement in or to the
15Department of Corrections or the Department of Juvenile
16Justice.
17 (b) "Fireman" means any person employed by the State or a
18local governmental entity as, or otherwise serving as, a member
19or officer of a fire department either for the purpose of the
20prevention or control of fire or the underwater recovery of
21drowning victims, including volunteer firemen.
22 (c) "Local governmental entity" includes counties,
23municipalities and municipal corporations.
24 (d) "State" means the State of Illinois and its
25departments, divisions, boards, bureaus, commissions,
26authorities and colleges and universities.

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1 (e) "Killed in the line of duty" means losing one's life as
2a result of injury received in the active performance of duties
3as a law enforcement officer, civil defense worker, civil air
4patrol member, paramedic, fireman, or chaplain if the death
5occurs within one year from the date the injury was received
6and if that injury arose from violence or other accidental
7cause. In the case of health care worker, "killed in the line
8of duty" means losing one's life as a result of COVID-19. In
9the case of a State employee, "killed in the line of duty"
10means losing one's life as a result of injury received in the
11active performance of one's duties as a State employee, if the
12death occurs within one year from the date the injury was
13received and if that injury arose from a willful act of
14violence by another State employee committed during such other
15employee's course of employment and after January 1, 1988. The
16term excludes death resulting from the willful misconduct or
17intoxication of the officer, civil defense worker, civil air
18patrol member, paramedic, fireman, chaplain, or State
19employee. However, the burden of proof of such willful
20misconduct or intoxication of the officer, civil defense
21worker, civil air patrol member, paramedic, fireman, chaplain,
22or State employee is on the Attorney General. Subject to the
23conditions set forth in subsection (a) with respect to
24inclusion under this Act of Department of Corrections and
25Department of Juvenile Justice employees described in that
26subsection, for the purposes of this Act, instances in which a

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1law enforcement officer receives an injury in the active
2performance of duties as a law enforcement officer include but
3are not limited to instances when:
4 (1) the injury is received as a result of a wilful act
5 of violence committed other than by the officer and a
6 relationship exists between the commission of such act and
7 the officer's performance of his duties as a law
8 enforcement officer, whether or not the injury is received
9 while the officer is on duty as a law enforcement officer;
10 (2) the injury is received by the officer while the
11 officer is attempting to prevent the commission of a
12 criminal act by another or attempting to apprehend an
13 individual the officer suspects has committed a crime,
14 whether or not the injury is received while the officer is
15 on duty as a law enforcement officer;
16 (3) the injury is received by the officer while the
17 officer is travelling to or from his employment as a law
18 enforcement officer or during any meal break, or other
19 break, which takes place during the period in which the
20 officer is on duty as a law enforcement officer.
21 In the case of an Armed Forces member, "killed in the line
22of duty" means losing one's life while on active duty in
23connection with the September 11, 2001 terrorist attacks on the
24United States, Operation Enduring Freedom, Operation Freedom's
25Sentinel, Operation Iraqi Freedom, Operation New Dawn, or
26Operation Inherent Resolve.

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1 (f) "Volunteer fireman" means a person having principal
2employment other than as a fireman, but who is carried on the
3rolls of a regularly constituted fire department either for the
4purpose of the prevention or control of fire or the underwater
5recovery of drowning victims, the members of which are under
6the jurisdiction of the corporate authorities of a city,
7village, incorporated town, or fire protection district, and
8includes a volunteer member of a fire department organized
9under the "General Not for Profit Corporation Act", approved
10July 17, 1943, as now or hereafter amended, which is under
11contract with any city, village, incorporated town, fire
12protection district, or persons residing therein, for fire
13fighting services. "Volunteer fireman" does not mean an
14individual who volunteers assistance without being regularly
15enrolled as a fireman.
16 (g) "Civil defense worker" means any person employed by the
17State or a local governmental entity as, or otherwise serving
18as, a member of a civil defense work force, including volunteer
19civil defense work forces engaged in serving the public
20interest during periods of disaster, whether natural or
21man-made.
22 (h) "Civil air patrol member" means any person employed by
23the State or a local governmental entity as, or otherwise
24serving as, a member of the organization commonly known as the
25"Civil Air Patrol", including volunteer members of the
26organization commonly known as the "Civil Air Patrol".

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1 (i) "Paramedic" means an Emergency Medical
2Technician-Paramedic certified by the Illinois Department of
3Public Health under the Emergency Medical Services (EMS)
4Systems Act, and all other emergency medical personnel
5certified by the Illinois Department of Public Health who are
6members of an organized body or not-for-profit corporation
7under the jurisdiction of a city, village, incorporated town,
8fire protection district or county, that provides emergency
9medical treatment to persons of a defined geographical area.
10 (j) "State employee" means any employee as defined in
11Section 14-103.05 of the Illinois Pension Code, as now or
12hereafter amended.
13 (k) "Chaplain" means an individual who:
14 (1) is a chaplain of (i) a fire department or (ii) a
15 police department or other agency consisting of law
16 enforcement officers; and
17 (2) has been designated a chaplain by (i) the fire
18 department, police department, or other agency or an
19 officer or body having jurisdiction over the department or
20 agency or (ii) a labor organization representing the
21 firemen or law enforcement officers.
22 (l) "Armed Forces member" means an Illinois resident who
23is: a member of the Armed Forces of the United States; a member
24of the Illinois National Guard while on active military service
25pursuant to an order of the President of the United States; or
26a member of any reserve component of the Armed Forces of the

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1United States while on active military service pursuant to an
2order of the President of the United States.
3 (m) "COVID-19" means the illness caused by the coronavirus
4SARS-CoV-2.
5 (n) "Health care worker" means a person who has the
6potential to be exposed to patients and infectious materials
7such as contaminated medical supplies, contaminated equipment,
8contaminated environmental surfaces, and contaminated air.
9"Health care worker" includes, but is not limited to,
10physicians, nurses, nursing assistants, technicians, emergency
11medical service personnel, laboratory personnel, and persons
12not directly involved in patient care such as dietary,
13house-keeping, laundry, security, maintenance, and volunteers,
14but who are potentially exposed to infectious diseases.
15(Source: P.A. 100-226, eff. 8-18-17.)
16 (820 ILCS 315/3) (from Ch. 48, par. 283)
17 Sec. 3. Duty death benefit.
18 (a) If a claim therefor is made within one year of the date
19of death of a law enforcement officer, civil defense worker,
20civil air patrol member, paramedic, fireman, chaplain, or State
21employee killed in the line of duty, or if a claim therefor is
22made within 2 years of the date of death of an Armed Forces
23member killed in the line of duty, compensation shall be paid
24to the person designated by the law enforcement officer, civil
25defense worker, civil air patrol member, paramedic, fireman,

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1chaplain, State employee, or Armed Forces member. However, if
2the Armed Forces member was killed in the line of duty before
3October 18, 2004, the claim must be made within one year of
4October 18, 2004. In the case of a health care worker, if a
5claim therefor in made within one year of the date of death as
6a result of COVID-19, compensation shall be paid to the person
7designated by the deceased.
8 (b) The amount of compensation, except for an Armed Forces
9member or health care worker, shall be $10,000 if the death in
10the line of duty occurred prior to January 1, 1974; $20,000 if
11such death occurred after December 31, 1973 and before July 1,
121983; $50,000 if such death occurred on or after July 1, 1983
13and before January 1, 1996; $100,000 if the death occurred on
14or after January 1, 1996 and before May 18, 2001; $118,000 if
15the death occurred on or after May 18, 2001 and before July 1,
162002; and $259,038 if the death occurred on or after July 1,
172002 and before January 1, 2003. For an Armed Forces member
18killed in the line of duty (i) at any time before January 1,
192005, the compensation is $259,038 plus amounts equal to the
20increases for 2003 and 2004 determined under subsection (c) and
21(ii) on or after January 1, 2005, the compensation is the
22amount determined under item (i) plus the applicable increases
23for 2005 and thereafter determined under subsection (c). For a
24health care worker whose death is the result of COVID-19,
25compensation shall be $100,000 and shall not be adjusted as
26provided in subsection (c).

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1 (c) Except as provided in subsection (b), for deaths
2occurring on or after January 1, 2003, the death compensation
3rate for death in the line of duty occurring in a particular
4calendar year shall be the death compensation rate for death
5occurring in the previous calendar year (or in the case of
6deaths occurring in 2003, the rate in effect on December 31,
72002) increased by a percentage thereof equal to the percentage
8increase, if any, in the index known as the Consumer Price
9Index for All Urban Consumers: U.S. city average, unadjusted,
10for all items, as published by the United States Department of
11Labor, Bureau of Labor Statistics, for the 12 months ending
12with the month of June of that previous calendar year.
13 (d) If no beneficiary is designated or if no designated
14beneficiary survives at the death of the law enforcement
15officer, civil defense worker, civil air patrol member,
16paramedic, fireman, chaplain, or State employee killed in the
17line of duty or health care worker killed as a result of
18COVID-19, the compensation shall be paid in accordance with a
19legally binding will left by the law enforcement officer, civil
20defense worker, civil air patrol member, paramedic, fireman,
21chaplain, health care worker, or State employee. If the law
22enforcement officer, civil defense worker, civil air patrol
23member, paramedic, fireman, chaplain, health care worker, or
24State employee did not leave a legally binding will, the
25compensation shall be paid as follows:
26 (1) when there is a surviving spouse, the entire sum

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1 shall be paid to the spouse;
2 (2) when there is no surviving spouse, but a surviving
3 descendant of the decedent, the entire sum shall be paid to
4 the decedent's descendants per stirpes;
5 (3) when there is neither a surviving spouse nor a
6 surviving descendant, the entire sum shall be paid to the
7 parents of the decedent in equal parts, allowing to the
8 surviving parent, if one is dead, the entire sum; and
9 (4) when there is no surviving spouse, descendant or
10 parent of the decedent, but there are surviving brothers or
11 sisters, or descendants of a brother or sister, who were
12 receiving their principal support from the decedent at his
13 death, the entire sum shall be paid, in equal parts, to the
14 dependent brothers or sisters or dependent descendant of a
15 brother or sister. Dependency shall be determined by the
16 Court of Claims based upon the investigation and report of
17 the Attorney General.
18The changes made to this subsection (d) by this amendatory Act
19of the 94th General Assembly apply to any pending case as long
20as compensation has not been paid to any party before the
21effective date of this amendatory Act of the 94th General
22Assembly.
23 (d-1) For purposes of subsection (d), in the case of a
24person killed in the line of duty who was born out of wedlock
25and was not an adoptive child at the time of the person's
26death, a person shall be deemed to be a parent of the person

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1killed in the line of duty only if that person would be an
2eligible parent, as defined in Section 2-2 of the Probate Act
3of 1975, of the person killed in the line of duty. This
4subsection (d-1) applies to any pending claim if compensation
5was not paid to the claimant of the pending claim before the
6effective date of this amendatory Act of the 94th General
7Assembly.
8 (d-2) If no beneficiary is designated or if no designated
9beneficiary survives at the death of the Armed Forces member
10killed in the line of duty, the compensation shall be paid in
11entirety according to the designation made on the most recent
12version of the Armed Forces member's Servicemembers' Group Life
13Insurance Election and Certificate ("SGLI").
14 If no SGLI form exists at the time of the Armed Forces
15member's death, the compensation shall be paid in accordance
16with a legally binding will left by the Armed Forces member.
17 If no SGLI form exists for the Armed Forces member and the
18Armed Forces member did not leave a legally binding will, the
19compensation shall be paid to the persons and in the priority
20as set forth in paragraphs (1) through (4) of subsection (d) of
21this Section.
22 This subsection (d-2) applies to any pending case as long
23as compensation has not been paid to any party before the
24effective date of this amendatory Act of the 94th General
25Assembly.
26 (e) If there is no beneficiary designated or if no

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1designated beneficiary survives at the death of the law
2enforcement officer, civil defense worker, civil air patrol
3member, paramedic, fireman, chaplain, State employee, or Armed
4Forces member killed in the line of duty or health care worker
5killed as a result of COVID-19, and there is no other person or
6entity to whom compensation is payable under this Section, no
7compensation shall be payable under this Act.
8 (f) No part of such compensation may be paid to any other
9person for any efforts in securing such compensation.
10 (g) This amendatory Act of the 93rd General Assembly
11applies to claims made on or after October 18, 2004 with
12respect to an Armed Forces member killed in the line of duty.
13 (h) In any case for which benefits have not been paid
14within 6 months of the claim being filed in accordance with
15this Section, which is pending as of the effective date of this
16amendatory Act of the 96th General Assembly, and in which there
17are 2 or more beneficiaries, at least one of whom would receive
18at least a portion of the total benefit regardless of the
19manner in which the Court of Claims resolves the claim, the
20Court shall direct the Comptroller to pay the minimum amount of
21money which the determinate beneficiary would receive together
22with all interest payment penalties which have accrued on that
23portion of the award being paid within 30 days of the effective
24date of this amendatory Act of the 96th General Assembly. For
25purposes of this subsection (h), "determinate beneficiary"
26means the beneficiary who would receive any portion of the

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1total benefit claimed regardless of the manner in which the
2Court of Claims adjudicates the claim.
3 (i) The Court of Claims shall ensure that all individuals
4who have filed an application to claim the duty death benefit
5for a deceased member of the Armed Forces pursuant to this
6Section or for a fireman pursuant to this Section, or their
7designated representative, shall have access, on a timely basis
8and in an efficient manner, to all information related to the
9court's consideration, processing, or adjudication of the
10claim, including, but not limited to, the following:
11 (1) a reliable estimate of when the Court of Claims
12 will adjudicate the claim, or if the Court cannot estimate
13 when it will adjudicate the claim, a full written
14 explanation of the reasons for this inability; and
15 (2) a reliable estimate, based upon consultation with
16 the Comptroller, of when the benefit will be paid to the
17 claimant.
18 (j) The Court of Claims shall send written notice to all
19claimants within 2 weeks of the initiation of a claim
20indicating whether or not the application is complete. For
21purposes of this subsection (j), an application is complete if
22a claimant has submitted to the Court of Claims all documents
23and information the Court requires for adjudicating and paying
24the benefit amount. For purposes of this subsection (j), a
25claim for the duty death benefit is initiated when a claimant
26submits any of the application materials required for

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1adjudicating the claim to the Court of Claims. In the event a
2claimant's application is incomplete, the Court shall include
3in its written notice a list of the information or documents
4which the claimant must submit in order for the application to
5be complete. In no case may the Court of Claims deny a claim
6and subsequently re-adjudicate the same claim for the purpose
7of evading or reducing the interest penalty payment amount
8payable to any claimant.
9(Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10;
1096-923, eff. 1-1-11.)
11 (820 ILCS 315/4) (from Ch. 48, par. 284)
12 Sec. 4. Notwithstanding Section 3, no compensation is
13payable under this Act unless a claim therefor is filed, within
14the time specified by that Section with the Court of Claims on
15an application prescribed and furnished by the Attorney General
16and setting forth:
17 (a) the name, address and title or designation of the
18 position in which the officer, civil defense worker, civil
19 air patrol member, paramedic, fireman, chaplain, State
20 employee, or Armed Forces member was serving at the time of
21 his death;
22 (b) the names and addresses of person or persons
23 designated by the officer, civil defense worker, civil air
24 patrol member, paramedic, fireman, chaplain, State
25 employee, health care worker, or Armed Forces member to

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1 receive the compensation and, if more than one, the
2 percentage or share to be paid to each such person, or if
3 there has been no such designation, the name and address of
4 the personal representative of the estate of the officer,
5 civil defense worker, civil air patrol member, paramedic,
6 fireman, chaplain, State employee, health care worker, or
7 Armed Forces member;
8 (c) a full, factual account of the circumstances
9 resulting in or the course of events causing the death of
10 the officer, civil defense worker, civil air patrol member,
11 paramedic, fireman, chaplain, State employee, health care
12 worker, or Armed Forces member; and
13 (d) such other information as the Court of Claims
14 reasonably requires.
15 When a claim is filed, the Attorney General shall make an
16investigation for substantiation of matters set forth in such
17an application.
18 For the 2 years immediately following the effective date of
19this amendatory act of the 96th General Assembly, the Court of
20Claims shall direct the Comptroller to pay a
21"Modified-Eligibility Line of Duty Benefit" to eligible late
22claimants who file a claim for the benefit. A claim for a
23Modified-Eligibility Line of Duty Benefit must include all the
24application materials and documents required for all other
25claims payable under this Act, except as otherwise provided in
26this Section 4. For purposes of this Section 4 only, an

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1"eligible late claimant" is a person who would have been
2eligible, at any time after September 11, 2001, to apply for
3and receive payment of a claim pursuant to this Act in
4connection with the death of an Armed Forces member killed in
5the line of duty or a fireman killed in the line of duty, but
6did not receive the award payment because:
7 (1) the claim was rejected only because the claim was
8 not filed within the time limitation set forth in
9 subsection (a) of Section 3 of this Act; or
10 (2) having met all other preconditions for applying for
11 and receiving the award payment, the claimant did not file
12 a claim because the claim would not have been filed within
13 the time limitation set forth in subsection (a) of Section
14 3 of this Act. For purposes of this Section 4 only, the
15 "Modified-Eligibility Line of Duty Benefit" is an amount of
16 money payable to eligible late claimants equal to the
17 amount set forth in Section 3 of this Act payable to
18 claimants seeking payment of awards under Section 3 of this
19 Act for claims made thereunder in the year in which the
20 claim for the Modified-Eligibility Line of Duty Benefit is
21 made. Within 6 months of receiving a complete claim for the
22 Modified-Eligibility Line of Duty Benefit, the Court of
23 Claims must direct the Comptroller to pay the benefit
24 amount to the eligible late claimant.
25(Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.
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