SB3873 102ND GENERAL ASSEMBLY

LRB102 22502 RJF 31643 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3873

Introduced 1/21/2022, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

5 ILCS 100/10-55

from Ch. 127, par. 1010-55

Amends the Illinois Administrative Procedure Act. Defines the term "invalidated" for purposes of provisions concerning expenses and attorney's fees. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by changing Section 10-55 as follows:

(5 ILCS 100/10-55) (from Ch. 127, par. 1010-55)

Sec. 10-55. Expenses and attorney's fees.

(a) In any contested case initiated by any agency that does not proceed to court for judicial review and on any issue where a court does not have jurisdiction to make an award of litigation expenses under Section 2-611 of the Civil Practice Law, any allegation made by the agency without reasonable cause and found to be untrue shall subject the agency making the allegation to the payment of the reasonable expenses, including reasonable attorney's fees, actually incurred in defending against that allegation by the party against whom the case was initiated. A claimant may not recover litigation expenses when the parties have executed a settlement agreement that, while not stipulating liability or violation, requires the claimant to take correction action or pay a monetary sum.

(b) The claimant shall make a demand for litigation expenses to the agency. If the claimant is dissatisfied because of the agency's failure to make any award or because of the insufficiency of the agency's award, the claimant may petition the Court of Claims for the amount deemed owed. If allowed any recovery by the Court of Claims, the claimant shall also be entitled to reasonable attorney's fees and the reasonable expenses incurred in making a claim for the expenses incurred in the administrative action. The Court of Claims may reduce the amount of the litigation expenses to be awarded under this Section, or deny an award, to the extent that the claimant engaged in conduct during the course of the proceeding that unduly and unreasonably protracted the final resolution of the matter in controversy.

(c) In any case in which a party has any administrative rule invalidated by a court for any reason, including but not limited to the agency's exceeding its statutory authority or the agency's failure to follow statutory procedures in the adoption of the rule, the court shall award the party bringing the action the reasonable expenses of the litigation, including reasonable attorney's fees.

For purposes of this subsection (c), "invalidated" means any action by a court of competent jurisdiction that declares or renders an administrative rule unenforceable or without legal effect for any period of time, whether pursuant to a temporary restraining order, preliminary injunction, permanent injunction, or final decision on the merits. The changes made by this amendatory Act of the 102nd General Assembly are declarative of existing law.

(Source: P.A. 87-823.)

Section 99. Effective date. This Act takes effect upon becoming law.