Full Text of HB5152 102nd General Assembly
HB5152ham001 102ND GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 2/10/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5152
| 2 | | AMENDMENT NO. ______. Amend House Bill 5152 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Community-Based Foster Care Organization Safety Net Act. | 6 | | Section 5. Policy and purpose. It is the policy of this | 7 | | State to encourage community-based organizations to provide | 8 | | foster care services to children in need. It is the purpose of | 9 | | this Act to provide such community-based organizations with a | 10 | | financial safety net for liabilities incurred in excess of | 11 | | $2,000,000 for tort claims arising out of the foster care | 12 | | services they provide to the children of this State. | 13 | | Section 10. Definitions. As used in this Act: | 14 | | "Community-based foster care organization" or | 15 | | "organization" means a privately owned or operated |
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| 1 | | organization that contracts with the Department of Children | 2 | | and Family Services for the purpose of providing foster care | 3 | | services in the State. | 4 | | "Department" means the Department of Children and Family | 5 | | Services. | 6 | | "Damages" means any sums a community-based foster care | 7 | | organization becomes legally obligated to pay as a result of a | 8 | | tort claim arising out of foster care services, including any | 9 | | settlements, judgments, judgments for punitive damages, and | 10 | | attorney's fees. "Damages" does not include fines assessed by | 11 | | the Department or the State. "Damages" does not include any | 12 | | liabilities incurred by the community-based foster care | 13 | | organization for claims against employees of the | 14 | | community-based foster care organization. | 15 | | "Foster care services" means the provision of a full range | 16 | | of casework, treatment, and community services for a planned | 17 | | period of time to a child who is in need of placement or has | 18 | | been placed through an agreement between the Department and | 19 | | the community-based foster care organization. | 20 | | Section 15. Indemnification of community-based foster care | 21 | | organizations. | 22 | | (a) If any civil proceeding is commenced against a | 23 | | community-based foster care organization alleging death or | 24 | | bodily injury or other injury to the claimant arising out of | 25 | | any act or omission within the scope of the organization's |
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| 1 | | provision of foster care services, the State shall indemnify | 2 | | the community-based foster care organization for any damages | 3 | | incurred in excess of $2,000,000. | 4 | | (b) Damages, court costs, litigation expenses, and other | 5 | | costs of indemnification, including attorney's fees obligated | 6 | | under this Section, whether by settlement or by judgment, | 7 | | shall be presented by the claimant in the Court of Claims | 8 | | subject to the procedures set forth in Section 8 of the Court | 9 | | of Claims Act. | 10 | | (c) Upon entry of a final judgment in excess of $2,000,000 | 11 | | against the community-based foster care organization, or upon | 12 | | the settlement of a claim in excess of that amount, the | 13 | | claimant or his or her representative shall file a copy of such | 14 | | judgment or settlement within 60 days after the effective date | 15 | | of such settlement or judgment with the Court of Claims. | 16 | | (d) Nothing contained or implied in this Section shall | 17 | | operate, or be construed or applied, to deprive the | 18 | | community-based foster care organization, or any of its | 19 | | employees, of any defense available to it. | 20 | | (f) This Act applies to all judgments or settlement | 21 | | proceedings finalized on or after the effective date of this | 22 | | Act, and to any proceeding pending on the effective date of | 23 | | this Act. | 24 | | (g) The indemnification provided under this Act shall | 25 | | apply to any employee acting within the scope of his or her | 26 | | employment with the community-based foster care organization. |
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| 1 | | However, this indemnification shall not apply to any | 2 | | community-based foster care organization or any employee of a | 3 | | community-based foster care organization that is involved in | 4 | | any: (i) criminal proceeding in which the organization or | 5 | | employee is a defendant; (ii) criminal investigation in which | 6 | | the organization or employee is the target; or (iii) | 7 | | proceeding that does not arise out of the provision of foster | 8 | | care services. Nothing in this Act shall be construed to | 9 | | prohibit a community-based foster care organization from | 10 | | providing representation to an employee who is a witness in a | 11 | | criminal matter arising out of the employee's employment with | 12 | | the community-based foster care organization. | 13 | | Section 20. Severability. If any provision of this Act or | 14 | | its application to any person or circumstance is held invalid, | 15 | | the invalidity of that provision or application does not | 16 | | affect other provisions or applications of this Act that can | 17 | | be given effect without the invalid provision or application. | 18 | | Section 25. The Court of Claims Act is amended by changing | 19 | | Section 8 as follows:
| 20 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| 21 | | Sec. 8. Court of Claims jurisdiction; deliberation | 22 | | periods. The court shall have exclusive
jurisdiction to hear | 23 | | and determine the following matters:
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| 1 | | (a) All claims against the State founded upon any law | 2 | | of the State of
Illinois or upon any regulation adopted | 3 | | thereunder by an executive or
administrative officer or | 4 | | agency; provided, however, the court shall not have
| 5 | | jurisdiction (i) to hear or determine claims arising under
| 6 | | the Workers' Compensation Act or the Workers' Occupational | 7 | | Diseases Act, or
claims for expenses in civil litigation, | 8 | | or (ii) to review administrative
decisions for which a | 9 | | statute provides that review shall be in the circuit or
| 10 | | appellate court.
| 11 | | (b) All claims against the State founded upon any | 12 | | contract entered
into with the State of Illinois.
| 13 | | (c) All claims against the State for time unjustly | 14 | | served in prisons
of this State when
the person
imprisoned | 15 | | received
a pardon from
the Governor stating that such | 16 | | pardon is issued on the ground of
innocence of the crime | 17 | | for which he or she was
imprisoned or he or she received a | 18 | | certificate of innocence from the Circuit Court as | 19 | | provided in Section 2-702 of the Code of Civil Procedure; | 20 | | provided, the amount of the award is at the discretion of | 21 | | the court; and provided, the
court shall make no award in | 22 | | excess of the following amounts: for
imprisonment of 5 | 23 | | years or less, not more than $85,350; for imprisonment
of | 24 | | 14 years or less but over 5 years, not more than $170,000; | 25 | | for
imprisonment of over 14 years, not more than $199,150; | 26 | | and provided
further, the court shall fix attorney's fees |
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| 1 | | not to exceed 25% of the award
granted. On or after the | 2 | | effective date of this amendatory Act of the 95th General | 3 | | Assembly,
the court shall
annually adjust the maximum | 4 | | awards authorized by this subsection (c) to reflect
the | 5 | | increase, if any, in the Consumer Price Index For All | 6 | | Urban Consumers for
the previous calendar year, as | 7 | | determined by the United States Department of
Labor, | 8 | | except that no annual increment may exceed 5%. For the | 9 | | annual adjustments, if the Consumer Price Index
decreases | 10 | | during a calendar year, there shall be no adjustment for | 11 | | that
calendar year. The transmission by the Prisoner | 12 | | Review Board or the clerk of the circuit court of the | 13 | | information described in Section 11(b) to the clerk of the | 14 | | Court of Claims is conclusive evidence of the validity of | 15 | | the claim. The changes made by this amendatory Act of the | 16 | | 95th General Assembly apply to all
claims pending on or | 17 | | filed on or after the effective date.
| 18 | | (d) All claims against the State for damages in cases | 19 | | sounding in tort, if
a like cause of action would lie | 20 | | against a private person or corporation in a
civil suit, | 21 | | and all like claims sounding in tort against the Medical | 22 | | Center
Commission, the Board of Trustees of the University | 23 | | of Illinois, the Board of
Trustees of Southern Illinois | 24 | | University, the Board of Trustees of Chicago
State | 25 | | University, the Board of Trustees of Eastern Illinois | 26 | | University, the
Board of Trustees of Governors State |
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| 1 | | University, the Board of Trustees of
Illinois State | 2 | | University, the Board of Trustees of Northeastern Illinois
| 3 | | University, the Board of Trustees of Northern Illinois | 4 | | University, the Board
of Trustees of Western Illinois | 5 | | University, or the Board of Trustees of the
Illinois | 6 | | Mathematics and Science Academy; provided, that an award | 7 | | for damages
in a case sounding in tort, other than certain | 8 | | cases involving the operation
of a State vehicle described | 9 | | in this paragraph, shall not exceed the sum of $2,000,000
| 10 | | to or for the benefit of
any claimant. The $2,000,000 | 11 | | limit prescribed by this Section does not
apply to an | 12 | | award of damages in any case sounding in tort arising out | 13 | | of
the operation by a State employee of a vehicle owned, | 14 | | leased or
controlled by the State. The defense that the | 15 | | State or the Medical
Center Commission or the Board of | 16 | | Trustees of the University of Illinois, the
Board of | 17 | | Trustees of Southern Illinois University, the Board of | 18 | | Trustees of
Chicago State University, the Board of | 19 | | Trustees of Eastern Illinois University,
the Board of | 20 | | Trustees of Governors State University, the Board of | 21 | | Trustees of
Illinois State University, the Board of | 22 | | Trustees of Northeastern Illinois
University, the Board of | 23 | | Trustees of Northern Illinois University, the Board of
| 24 | | Trustees of Western Illinois University, or the Board of | 25 | | Trustees of the
Illinois Mathematics and Science Academy | 26 | | is not liable for the negligence of
its officers, agents, |
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| 1 | | and employees in the course of their employment is not
| 2 | | applicable to the hearing and determination of such | 3 | | claims. The changes to this Section made by this | 4 | | amendatory Act of the 100th General Assembly apply only to | 5 | | claims filed on or after July 1, 2015. | 6 | | The court shall
annually adjust the maximum awards | 7 | | authorized by this subsection to reflect
the increase, if | 8 | | any, in the Consumer Price Index For All Urban Consumers | 9 | | for
the previous calendar year, as determined by the | 10 | | United States Department of
Labor. The Comptroller shall | 11 | | make the new amount resulting from each annual adjustment | 12 | | available to the public via the Comptroller's official | 13 | | website by January 31 of every year.
| 14 | | (e) All claims for recoupment made by the State of | 15 | | Illinois against
any claimant.
| 16 | | (f) All claims pursuant to the Line of Duty | 17 | | Compensation
Act. A claim under that Act must be heard and | 18 | | determined within one year after the application for that | 19 | | claim is filed with the Court as provided in that Act.
| 20 | | (g) All claims filed pursuant to the Crime Victims | 21 | | Compensation Act.
| 22 | | (h) All claims pursuant to the Illinois National | 23 | | Guardsman's Compensation
Act. A claim under that Act must | 24 | | be heard and determined within one year after the | 25 | | application for that claim is filed with the Court as | 26 | | provided in that Act.
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| 1 | | (i) All claims authorized by subsection (a) of Section | 2 | | 10-55 of the Illinois
Administrative Procedure Act for the | 3 | | expenses incurred by a party in a
contested case on the | 4 | | administrative level.
| 5 | | (j) All claims for indemnification under Section 10 of | 6 | | the Community-Based Foster Care Provider Safety Net Act. | 7 | | (Source: P.A. 100-1124, eff. 11-27-18 .)
| 8 | | Section 99. Effective date. This Act takes effect April 1, | 9 | | 2022.".
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