Full Text of SB1051 99th General Assembly
SB1051sam001 99TH GENERAL ASSEMBLY | Sen. William E. Brady Filed: 5/25/2016
| | 09900SB1051sam001 | | LRB099 05380 HEP 49174 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1051
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1051 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 11-13 as follows:
| 6 | | (305 ILCS 5/11-13) (from Ch. 23, par. 11-13)
| 7 | | Sec. 11-13. Conditions For Receipt of Vendor Payments - | 8 | | Limitation Period
For Vendor Action - Penalty For Violation. A | 9 | | vendor payment, as defined in
Section 2-5 of Article II, shall | 10 | | constitute payment in full for the goods
or services covered | 11 | | thereby. Acceptance of the payment by or in behalf of
the | 12 | | vendor shall bar him from obtaining, or attempting to obtain,
| 13 | | additional payment therefor from the recipient or any other | 14 | | person. A
vendor payment shall not, however, bar recovery of | 15 | | the value of goods and
services the obligation for which, under | 16 | | the rules and regulations of the
Illinois Department, is to be |
| | | 09900SB1051sam001 | - 2 - | LRB099 05380 HEP 49174 a |
|
| 1 | | met from the income and resources available
to the recipient, | 2 | | and in respect to which the vendor payment of the
Illinois | 3 | | Department or the local governmental unit represents
| 4 | | supplementation of such available income and resources.
| 5 | | Vendors seeking to enforce obligations of a governmental | 6 | | unit or the
Illinois Department for goods or services (1) | 7 | | furnished to or in behalf of
recipients and (2) subject to a | 8 | | vendor payment as defined in Section 2-5,
shall commence their | 9 | | actions in the appropriate Circuit Court or the Court
of | 10 | | Claims, as the case may require, within 5 years one year next | 11 | | after the cause of
action accrued.
| 12 | | A cause of action accrues within the meaning of this | 13 | | Section upon the following date:
| 14 | | (1) If the vendor can prove that he submitted a bill | 15 | | for the service
rendered to the Illinois Department or a | 16 | | governmental unit within 180 days after the date the | 17 | | service was rendered, then (a) upon the date the Illinois
| 18 | | Department or a governmental unit mails to the vendor | 19 | | information that it
is paying a bill in part or is refusing | 20 | | to pay a bill in whole or in part,
or (b) upon the date 5 | 21 | | years one year following the date the vendor submitted such
| 22 | | bill if the Illinois Department or a governmental unit | 23 | | fails to mail to
the vendor such payment information within | 24 | | 5 years one year following the date the
vendor submitted | 25 | | the bill; or
| 26 | | (2) If the vendor cannot prove that he submitted a bill |
| | | 09900SB1051sam001 | - 3 - | LRB099 05380 HEP 49174 a |
|
| 1 | | for the service
rendered within 180 days after the date the | 2 | | service was rendered, then upon
the date 60 12 months | 3 | | following the date the vendor rendered the
service to the | 4 | | recipient.
| 5 | | In the case of long term care facilities, where the | 6 | | Illinois Department initiates the monthly billing process for | 7 | | the vendor, the cause of action shall accrue 60 12 months after | 8 | | the last day of the month the service was rendered. | 9 | | This paragraph governs only vendor payments as
defined in | 10 | | this Code and as limited by regulations of the Illinois
| 11 | | Department; it does not apply to goods or services purchased or | 12 | | contracted
for by a recipient under circumstances in which the | 13 | | payment is to be made
directly by the recipient.
| 14 | | Any vendor who accepts a vendor payment and who knowingly | 15 | | obtains or
attempts to obtain additional payment for the goods | 16 | | or services covered by
the vendor payment from the recipient or | 17 | | any other person shall be guilty
of a Class B misdemeanor.
| 18 | | (Source: P.A. 97-689, eff. 6-14-12.)
| 19 | | Section 10. The Court of Claims Act is amended by changing | 20 | | Section 22 as follows: | 21 | | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
| 22 | | Sec. 22. Every claim cognizable by the Court and not | 23 | | otherwise sooner
barred by law shall be forever barred from | 24 | | prosecution therein unless it
is filed with the Clerk of the |
| | | 09900SB1051sam001 | - 4 - | LRB099 05380 HEP 49174 a |
|
| 1 | | Court within the time set forth as follows:
| 2 | | (a) All claims arising out of a contract must be filed | 3 | | within 5
years after it first accrues, saving to minors, and | 4 | | persons under legal
disability at the time the claim accrues, | 5 | | in which cases the claim must be
filed within 5 years from the | 6 | | time the disability ceases.
| 7 | | (b) All claims cognizable against the State by vendors of | 8 | | goods or services
under "The Illinois Public Aid Code", | 9 | | approved April 11, 1967, as amended,
must file within 5 years | 10 | | one year after the accrual of the cause of action, as provided
| 11 | | in Section 11-13 of that Code.
| 12 | | (c) All claims arising under paragraph (c) of Section 8 of | 13 | | this Act
must
be automatically heard by the court
within 120
| 14 | | days
after the person
asserting such
claim is either issued a | 15 | | certificate of innocence from the Circuit Court as provided in | 16 | | Section 2-702 of the Code of Civil Procedure, or is granted a | 17 | | pardon by the Governor, whichever occurs later,
without the | 18 | | person asserting the claim being required to file a petition | 19 | | under Section 11 of this Act, except as otherwise provided by | 20 | | the Crime Victims Compensation Act.
Any claims filed by the | 21 | | claimant under paragraph (c) of Section 8 of this Act must be | 22 | | filed within 2 years after the person asserting such claim is | 23 | | either issued a certificate of innocence as provided in Section | 24 | | 2-702 of the Code of Civil Procedure, or is granted a pardon by | 25 | | the Governor, whichever occurs later.
| 26 | | (d) All claims arising under paragraph (f) of Section 8 of |
| | | 09900SB1051sam001 | - 5 - | LRB099 05380 HEP 49174 a |
|
| 1 | | this Act must
be filed within the time set forth in Section 3 | 2 | | of the Line of Duty Compensation Act.
| 3 | | (e) All claims arising under paragraph (h) of Section 8 of | 4 | | this Act must
be filed within one year of the date of the death | 5 | | of the guardsman or
militiaman as provided in Section 3 of the | 6 | | "Illinois National Guardsman's
and Naval Militiaman's | 7 | | Compensation Act", approved August 12, 1971, as amended.
| 8 | | (f) All claims arising under paragraph (g) of Section 8 of | 9 | | this Act must
be filed within one year of the crime on which a | 10 | | claim is based as
provided in Section 6.1 of the "Crime Victims | 11 | | Compensation Act", approved
August 23, 1973, as amended.
| 12 | | (g) All claims arising from the Comptroller's refusal to | 13 | | issue a
replacement warrant pursuant to Section 10.10 of the | 14 | | State Comptroller Act
must be filed within 5 years after the | 15 | | issue date of such warrant.
| 16 | | (h) All other claims must be filed within 2 years after it | 17 | | first accrues,
saving to minors, and persons under legal | 18 | | disability at the time the claim
accrues, in which case the | 19 | | claim must be filed within 2 years from the time
the disability | 20 | | ceases.
| 21 | | (i) The changes made by this amendatory Act of 1989 shall | 22 | | apply to all
warrants issued within the 5 year period preceding | 23 | | the effective date of
this amendatory Act of 1989.
| 24 | | (j) All time limitations established under this Act and the | 25 | | rules
promulgated under this Act shall be binding and | 26 | | jurisdictional, except upon
extension authorized by law or rule |
| | | 09900SB1051sam001 | - 6 - | LRB099 05380 HEP 49174 a |
|
| 1 | | and granted pursuant to a motion timely filed.
| 2 | | (Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | 3 | | 96-328, eff. 8-11-09.)".
|
|