(20 ILCS 1410/1)
Sec. 1. Short title. This Act may be cited as the Burn Victims Relief Act, which may be referred to as the George Bailey Memorial Law.
(Source: P.A. 99-455, eff. 1-1-16.)
(20 ILCS 1410/5)
Sec. 5. The George Bailey Memorial Program.
(a) The George Bailey Memorial Program is created under the Department of Insurance, under which any burn victim who, through no fault of his or her own, has become disabled and has been told by 2 independent physicians that his or her prognosis is that he or she has less than 18 months left to live shall immediately receive the 5 months’ pay that he or she would have received for Social Security had there not been a mandatory 5-month waiting period. The person shall receive the same amount that he or she would receive under the Social Security disability insurance program, minus $25. This amount shall be paid in equal payments for 5 months, ending after the end of the 5-month period or upon the applicant’s death.
As used in this Section, “through no fault of his or her own” means that the individual is not the proximate cause of his or her injury, through either gross negligence or by use of a substance that is well known to possibly cause grave bodily injury by a short amount of use or exposure.
(b) Any moneys that a person or his or her estate, trust, or heirs receive from a settlement for the injury that is the proximate cause of the person’s disability under this Act or moneys received from Social Security disability benefits shall be used to repay the George Bailey Memorial Fund, except as provided under subsection (g) of this Section. The moneys shall be paid directly to the Department of Insurance for deposit in the Fund after the Department deducts a 20% administrative fee.
(c) Any person meeting the requirements of subsection (a) and whose application is approved shall be eligible to participate in the Program.
(d) Any active member of the United States Armed Forces shall be eligible if he or she was a resident of Illinois for at least 12 months before enlisting and he or she planned to return to Illinois.
(e) Any legal resident of Illinois who, at the time of the injury, was a resident of Illinois who would qualify under subsection (a) shall not be disqualified for residency requirements, provided that he or she was a legal resident at the time of the injury.
(f) Any legal resident of Illinois is eligible for participation in the Program and shall not be disqualified if the injury occurs outside of the State.
(g) The State shall have lien rights against all settlements or moneys otherwise collected due to the injury under this Act, but if the amount collected is less than the amount owed to the State through the Program, the State may not attach anything beyond the moneys given under the Program.
(Source: P.A. 99-455, eff. 1-1-16.)
(20 ILCS 1410/10)
Sec. 10. Payments to the George Bailey Memorial Fund. The George Bailey Memorial Fund is created as a special fund in the State treasury. Funds received under Section 16-104d of the Illinois Vehicle Code shall be repaid in full to the Fire Truck Revolving Loan Fund, without the deduction of the 20% administrative fee authorized in subsection (b) of Section 5, upon receipt by the George Bailey Memorial Fund from the person or his or her estate, trust, or heirs of any moneys from a settlement for the injury that is the proximate cause of the person’s disability under this Act or moneys received from Social Security disability benefits. Moneys in the George Bailey Memorial Fund may only be used for the purposes set forth in this Act.
(Source: P.A. 99-455, eff. 1-1-16; 100-987, eff. 7-1-19.)
(20 ILCS 1410/15)
Sec. 15. Rulemaking. The Department of Insurance may adopt rules to implement the provisions of this Act. In order to provide for the expeditious and timely
implementation of the provisions of this Act, emergency
rules to implement any provision of this Act may be adopted
by the Department in accordance with subsection (u) of Section
5-45 of the Illinois Administrative Procedure Act.
(Source: P.A. 99-455, eff. 1-1-16; 99-642, eff. 7-28-16.)
(20 ILCS 1410/50)
Sec. 50. (Amendatory provisions; text omitted).
(Source: P.A. 99-455, eff. 1-1-16; text omitted.)
(20 ILCS 1410/90)
Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-455, eff. 1-1-16; text omitted.)
(20 ILCS 1410/95)
Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 99-455, eff. 1-1-16; text omitted.)
(20 ILCS 1410/100)
Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 99-455, eff. 1-1-16; text omitted.)
(20 ILCS 1410/999)
Sec. 999. Effective date. This Act takes effect January 1, 2016.
(Source: P.A. 99-455, eff. 1-1-16.)