Illinois 2023-2024 Regular Session

Illinois House Bill HB2146 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2146 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 Creates the Community-Based Foster Care Organization Safety Net Act. Provides that it is the purpose of the Act to provide community-based foster care organizations with a financial safety net for liabilities incurred in excess of $2,000,000 for tort claims arising out of the foster care services they provide to the children of this State. Provides that if any civil proceeding is commenced against a community-based foster care organization alleging death or bodily injury or other injury to the claimant arising out of any act or omission within the scope of the organization's provision of foster care services, the State shall indemnify the community-based foster care organization for any damages incurred in excess of $2,000,000. Provides that damages, court costs, litigation expenses, and other costs of indemnification, including attorney's fees obligated under this Section, whether by settlement or by judgment, shall be presented by the claimant in the Court of Claims subject to the procedures set forth in the Court of Claims Act. Provides that upon entry of a final judgment in excess of $2,000,000 against the community-based foster care organization, or upon the settlement of a claim in excess of that amount, the claimant or his or her representative shall file a copy of such judgment or settlement within 60 days after the effective date of such settlement or judgment with the Court of Claims. Provides that the Act applies to all judgments or settlement proceedings finalized on or after the effective date of the Act, and to any proceeding pending on the effective date of the Act. Provides that indemnification provided under the Act shall apply to any employee acting within the scope of his or her employment with the community-based foster care organization. Sets forth when indemnification does not apply. Provides that nothing in the Act shall be construed to prohibit a community-based foster care organization from providing representation to an employee who is a witness in a criminal matter arising out of the employee's employment with the community-based foster care organization. Amends the Court of Claims Act to make conforming changes. Effective April 1, 2023. LRB103 26917 KTG 53281 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2146 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 Creates the Community-Based Foster Care Organization Safety Net Act. Provides that it is the purpose of the Act to provide community-based foster care organizations with a financial safety net for liabilities incurred in excess of $2,000,000 for tort claims arising out of the foster care services they provide to the children of this State. Provides that if any civil proceeding is commenced against a community-based foster care organization alleging death or bodily injury or other injury to the claimant arising out of any act or omission within the scope of the organization's provision of foster care services, the State shall indemnify the community-based foster care organization for any damages incurred in excess of $2,000,000. Provides that damages, court costs, litigation expenses, and other costs of indemnification, including attorney's fees obligated under this Section, whether by settlement or by judgment, shall be presented by the claimant in the Court of Claims subject to the procedures set forth in the Court of Claims Act. Provides that upon entry of a final judgment in excess of $2,000,000 against the community-based foster care organization, or upon the settlement of a claim in excess of that amount, the claimant or his or her representative shall file a copy of such judgment or settlement within 60 days after the effective date of such settlement or judgment with the Court of Claims. Provides that the Act applies to all judgments or settlement proceedings finalized on or after the effective date of the Act, and to any proceeding pending on the effective date of the Act. Provides that indemnification provided under the Act shall apply to any employee acting within the scope of his or her employment with the community-based foster care organization. Sets forth when indemnification does not apply. Provides that nothing in the Act shall be construed to prohibit a community-based foster care organization from providing representation to an employee who is a witness in a criminal matter arising out of the employee's employment with the community-based foster care organization. Amends the Court of Claims Act to make conforming changes. Effective April 1, 2023. LRB103 26917 KTG 53281 b LRB103 26917 KTG 53281 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2146 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
3	3	New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 New Act 705 ILCS 505/8 from Ch. 37, par. 439.8
4	4	New Act
5	5	705 ILCS 505/8 from Ch. 37, par. 439.8
6	6	Creates the Community-Based Foster Care Organization Safety Net Act. Provides that it is the purpose of the Act to provide community-based foster care organizations with a financial safety net for liabilities incurred in excess of $2,000,000 for tort claims arising out of the foster care services they provide to the children of this State. Provides that if any civil proceeding is commenced against a community-based foster care organization alleging death or bodily injury or other injury to the claimant arising out of any act or omission within the scope of the organization's provision of foster care services, the State shall indemnify the community-based foster care organization for any damages incurred in excess of $2,000,000. Provides that damages, court costs, litigation expenses, and other costs of indemnification, including attorney's fees obligated under this Section, whether by settlement or by judgment, shall be presented by the claimant in the Court of Claims subject to the procedures set forth in the Court of Claims Act. Provides that upon entry of a final judgment in excess of $2,000,000 against the community-based foster care organization, or upon the settlement of a claim in excess of that amount, the claimant or his or her representative shall file a copy of such judgment or settlement within 60 days after the effective date of such settlement or judgment with the Court of Claims. Provides that the Act applies to all judgments or settlement proceedings finalized on or after the effective date of the Act, and to any proceeding pending on the effective date of the Act. Provides that indemnification provided under the Act shall apply to any employee acting within the scope of his or her employment with the community-based foster care organization. Sets forth when indemnification does not apply. Provides that nothing in the Act shall be construed to prohibit a community-based foster care organization from providing representation to an employee who is a witness in a criminal matter arising out of the employee's employment with the community-based foster care organization. Amends the Court of Claims Act to make conforming changes. Effective April 1, 2023.
7	7	LRB103 26917 KTG 53281 b LRB103 26917 KTG 53281 b
8	8	LRB103 26917 KTG 53281 b
9	9	A BILL FOR
10	10	HB2146LRB103 26917 KTG 53281 b HB2146 LRB103 26917 KTG 53281 b
11	11	HB2146 LRB103 26917 KTG 53281 b
12	12	1 AN ACT concerning children.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Community-Based Foster Care Organization Safety Net Act.
17	17	6 Section 5. Policy and purpose. It is the policy of this
18	18	7 State to encourage community-based organizations to provide
19	19	8 foster care services to children in need. It is the purpose of
20	20	9 this Act to provide such community-based organizations with a
21	21	10 financial safety net for liabilities incurred in excess of
22	22	11 $2,000,000 for tort claims arising out of the foster care
23	23	12 services they provide to the children of this State.
24	24	13 Section 10. Definitions. As used in this Act:
25	25	14 "Community-based foster care organization" or
26	26	15 "organization" means a privately owned or operated
27	27	16 organization that contracts with the Department of Children
28	28	17 and Family Services for the purpose of providing foster care
29	29	18 services in the State.
30	30	19 "Department" means the Department of Children and Family
31	31	20 Services.
32	32	21 "Damages" means any sums a community-based foster care
33	33	22 organization becomes legally obligated to pay as a result of a
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2146 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
38	38	New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 New Act 705 ILCS 505/8 from Ch. 37, par. 439.8
39	39	New Act
40	40	705 ILCS 505/8 from Ch. 37, par. 439.8
41	41	Creates the Community-Based Foster Care Organization Safety Net Act. Provides that it is the purpose of the Act to provide community-based foster care organizations with a financial safety net for liabilities incurred in excess of $2,000,000 for tort claims arising out of the foster care services they provide to the children of this State. Provides that if any civil proceeding is commenced against a community-based foster care organization alleging death or bodily injury or other injury to the claimant arising out of any act or omission within the scope of the organization's provision of foster care services, the State shall indemnify the community-based foster care organization for any damages incurred in excess of $2,000,000. Provides that damages, court costs, litigation expenses, and other costs of indemnification, including attorney's fees obligated under this Section, whether by settlement or by judgment, shall be presented by the claimant in the Court of Claims subject to the procedures set forth in the Court of Claims Act. Provides that upon entry of a final judgment in excess of $2,000,000 against the community-based foster care organization, or upon the settlement of a claim in excess of that amount, the claimant or his or her representative shall file a copy of such judgment or settlement within 60 days after the effective date of such settlement or judgment with the Court of Claims. Provides that the Act applies to all judgments or settlement proceedings finalized on or after the effective date of the Act, and to any proceeding pending on the effective date of the Act. Provides that indemnification provided under the Act shall apply to any employee acting within the scope of his or her employment with the community-based foster care organization. Sets forth when indemnification does not apply. Provides that nothing in the Act shall be construed to prohibit a community-based foster care organization from providing representation to an employee who is a witness in a criminal matter arising out of the employee's employment with the community-based foster care organization. Amends the Court of Claims Act to make conforming changes. Effective April 1, 2023.
42	42	LRB103 26917 KTG 53281 b LRB103 26917 KTG 53281 b
43	43	LRB103 26917 KTG 53281 b
44	44	A BILL FOR
45	45
46	46
47	47
48	48
49	49
50	50	New Act
51	51	705 ILCS 505/8 from Ch. 37, par. 439.8
52	52
53	53
54	54
55	55	LRB103 26917 KTG 53281 b
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65	HB2146 LRB103 26917 KTG 53281 b
66	66
67	67
68	68	HB2146- 2 -LRB103 26917 KTG 53281 b HB2146 - 2 - LRB103 26917 KTG 53281 b
69	69	HB2146 - 2 - LRB103 26917 KTG 53281 b
70	70	1 tort claim arising out of foster care services, including any
71	71	2 settlements, judgments, judgments for punitive damages, and
72	72	3 attorney's fees. "Damages" does not include fines assessed by
73	73	4 the Department or the State. "Damages" does not include any
74	74	5 liabilities incurred by the community-based foster care
75	75	6 organization for claims against employees of the
76	76	7 community-based foster care organization.
77	77	8 "Foster care services" means the provision of a full range
78	78	9 of casework, treatment, and community services for a planned
79	79	10 period of time to a child who is in need of placement or has
80	80	11 been placed through an agreement between the Department and
81	81	12 the community-based foster care organization.
82	82	13 Section 15. Indemnification of community-based foster care
83	83	14 organizations.
84	84	15 (a) If any civil proceeding is commenced against a
85	85	16 community-based foster care organization alleging death or
86	86	17 bodily injury or other injury to the claimant arising out of
87	87	18 any act or omission within the scope of the organization's
88	88	19 provision of foster care services, the State shall indemnify
89	89	20 the community-based foster care organization for any damages
90	90	21 incurred in excess of $2,000,000.
91	91	22 (b) Damages, court costs, litigation expenses, and other
92	92	23 costs of indemnification, including attorney's fees obligated
93	93	24 under this Section, whether by settlement or by judgment,
94	94	25 shall be presented by the claimant in the Court of Claims
95	95
96	96
97	97
98	98
99	99
100	100	HB2146 - 2 - LRB103 26917 KTG 53281 b
101	101
102	102
103	103	HB2146- 3 -LRB103 26917 KTG 53281 b HB2146 - 3 - LRB103 26917 KTG 53281 b
104	104	HB2146 - 3 - LRB103 26917 KTG 53281 b
105	105	1 subject to the procedures set forth in Section 8 of the Court
106	106	2 of Claims Act.
107	107	3 (c) Upon entry of a final judgment in excess of $2,000,000
108	108	4 against the community-based foster care organization, or upon
109	109	5 the settlement of a claim in excess of that amount, the
110	110	6 claimant or his or her representative shall file a copy of such
111	111	7 judgment or settlement within 60 days after the effective date
112	112	8 of such settlement or judgment with the Court of Claims.
113	113	9 (d) Nothing contained or implied in this Section shall
114	114	10 operate, or be construed or applied, to deprive the
115	115	11 community-based foster care organization, or any of its
116	116	12 employees, of any defense available to it.
117	117	13 (f) This Act applies to all judgments or settlement
118	118	14 proceedings finalized on or after the effective date of this
119	119	15 Act, and to any proceeding pending on the effective date of
120	120	16 this Act.
121	121	17 (g) The indemnification provided under this Act shall
122	122	18 apply to any employee acting within the scope of his or her
123	123	19 employment with the community-based foster care organization.
124	124	20 However, this indemnification shall not apply to any
125	125	21 community-based foster care organization or any employee of a
126	126	22 community-based foster care organization that is involved in
127	127	23 any: (i) criminal proceeding in which the organization or
128	128	24 employee is a defendant; (ii) criminal investigation in which
129	129	25 the organization or employee is the target; or (iii)
130	130	26 proceeding that does not arise out of the provision of foster
131	131
132	132
133	133
134	134
135	135
136	136	HB2146 - 3 - LRB103 26917 KTG 53281 b
137	137
138	138
139	139	HB2146- 4 -LRB103 26917 KTG 53281 b HB2146 - 4 - LRB103 26917 KTG 53281 b
140	140	HB2146 - 4 - LRB103 26917 KTG 53281 b
141	141	1 care services. Nothing in this Act shall be construed to
142	142	2 prohibit a community-based foster care organization from
143	143	3 providing representation to an employee who is a witness in a
144	144	4 criminal matter arising out of the employee's employment with
145	145	5 the community-based foster care organization.
146	146	6 Section 20. Severability. If any provision of this Act or
147	147	7 its application to any person or circumstance is held invalid,
148	148	8 the invalidity of that provision or application does not
149	149	9 affect other provisions or applications of this Act that can
150	150	10 be given effect without the invalid provision or application.
151	151	11 Section 25. The Court of Claims Act is amended by changing
152	152	12 Section 8 as follows:
153	153	13 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
154	154	14 Sec. 8. Court of Claims jurisdiction; deliberation
155	155	15 periods. The court shall have exclusive jurisdiction to hear
156	156	16 and determine the following matters:
157	157	17 (a) All claims against the State founded upon any law
158	158	18 of the State of Illinois or upon any regulation adopted
159	159	19 thereunder by an executive or administrative officer or
160	160	20 agency; provided, however, the court shall not have
161	161	21 jurisdiction (i) to hear or determine claims arising under
162	162	22 the Workers' Compensation Act or the Workers' Occupational
163	163	23 Diseases Act, or claims for expenses in civil litigation,
164	164
165	165
166	166
167	167
168	168
169	169	HB2146 - 4 - LRB103 26917 KTG 53281 b
170	170
171	171
172	172	HB2146- 5 -LRB103 26917 KTG 53281 b HB2146 - 5 - LRB103 26917 KTG 53281 b
173	173	HB2146 - 5 - LRB103 26917 KTG 53281 b
174	174	1 or (ii) to review administrative decisions for which a
175	175	2 statute provides that review shall be in the circuit or
176	176	3 appellate court.
177	177	4 (b) All claims against the State founded upon any
178	178	5 contract entered into with the State of Illinois.
179	179	6 (c) All claims against the State for time unjustly
180	180	7 served in prisons of this State when the person imprisoned
181	181	8 received a pardon from the Governor stating that such
182	182	9 pardon is issued on the ground of innocence of the crime
183	183	10 for which he or she was imprisoned or he or she received a
184	184	11 certificate of innocence from the Circuit Court as
185	185	12 provided in Section 2-702 of the Code of Civil Procedure;
186	186	13 provided, the amount of the award is at the discretion of
187	187	14 the court; and provided, the court shall make no award in
188	188	15 excess of the following amounts: for imprisonment of 5
189	189	16 years or less, not more than $85,350; for imprisonment of
190	190	17 14 years or less but over 5 years, not more than $170,000;
191	191	18 for imprisonment of over 14 years, not more than $199,150;
192	192	19 and provided further, the court shall fix attorney's fees
193	193	20 not to exceed 25% of the award granted. On or after the
194	194	21 effective date of this amendatory Act of the 95th General
195	195	22 Assembly, the court shall annually adjust the maximum
196	196	23 awards authorized by this subsection (c) to reflect the
197	197	24 increase, if any, in the Consumer Price Index For All
198	198	25 Urban Consumers for the previous calendar year, as
199	199	26 determined by the United States Department of Labor,
200	200
201	201
202	202
203	203
204	204
205	205	HB2146 - 5 - LRB103 26917 KTG 53281 b
206	206
207	207
208	208	HB2146- 6 -LRB103 26917 KTG 53281 b HB2146 - 6 - LRB103 26917 KTG 53281 b
209	209	HB2146 - 6 - LRB103 26917 KTG 53281 b
210	210	1 except that no annual increment may exceed 5%. For the
211	211	2 annual adjustments, if the Consumer Price Index decreases
212	212	3 during a calendar year, there shall be no adjustment for
213	213	4 that calendar year. The transmission by the Prisoner
214	214	5 Review Board or the clerk of the circuit court of the
215	215	6 information described in Section 11(b) to the clerk of the
216	216	7 Court of Claims is conclusive evidence of the validity of
217	217	8 the claim. The changes made by this amendatory Act of the
218	218	9 95th General Assembly apply to all claims pending on or
219	219	10 filed on or after the effective date.
220	220	11 (d) All claims against the State for damages in cases
221	221	12 sounding in tort, if a like cause of action would lie
222	222	13 against a private person or corporation in a civil suit,
223	223	14 and all like claims sounding in tort against the Medical
224	224	15 Center Commission, the Board of Trustees of the University
225	225	16 of Illinois, the Board of Trustees of Southern Illinois
226	226	17 University, the Board of Trustees of Chicago State
227	227	18 University, the Board of Trustees of Eastern Illinois
228	228	19 University, the Board of Trustees of Governors State
229	229	20 University, the Board of Trustees of Illinois State
230	230	21 University, the Board of Trustees of Northeastern Illinois
231	231	22 University, the Board of Trustees of Northern Illinois
232	232	23 University, the Board of Trustees of Western Illinois
233	233	24 University, or the Board of Trustees of the Illinois
234	234	25 Mathematics and Science Academy; provided, that an award
235	235	26 for damages in a case sounding in tort, other than certain
236	236
237	237
238	238
239	239
240	240
241	241	HB2146 - 6 - LRB103 26917 KTG 53281 b
242	242
243	243
244	244	HB2146- 7 -LRB103 26917 KTG 53281 b HB2146 - 7 - LRB103 26917 KTG 53281 b
245	245	HB2146 - 7 - LRB103 26917 KTG 53281 b
246	246	1 cases involving the operation of a State vehicle described
247	247	2 in this paragraph, shall not exceed the sum of $2,000,000
248	248	3 to or for the benefit of any claimant. The $2,000,000
249	249	4 limit prescribed by this Section does not apply to an
250	250	5 award of damages in any case sounding in tort arising out
251	251	6 of the operation by a State employee of a vehicle owned,
252	252	7 leased or controlled by the State. The defense that the
253	253	8 State or the Medical Center Commission or the Board of
254	254	9 Trustees of the University of Illinois, the Board of
255	255	10 Trustees of Southern Illinois University, the Board of
256	256	11 Trustees of Chicago State University, the Board of
257	257	12 Trustees of Eastern Illinois University, the Board of
258	258	13 Trustees of Governors State University, the Board of
259	259	14 Trustees of Illinois State University, the Board of
260	260	15 Trustees of Northeastern Illinois University, the Board of
261	261	16 Trustees of Northern Illinois University, the Board of
262	262	17 Trustees of Western Illinois University, or the Board of
263	263	18 Trustees of the Illinois Mathematics and Science Academy
264	264	19 is not liable for the negligence of its officers, agents,
265	265	20 and employees in the course of their employment is not
266	266	21 applicable to the hearing and determination of such
267	267	22 claims. The changes to this Section made by this
268	268	23 amendatory Act of the 100th General Assembly apply only to
269	269	24 claims filed on or after July 1, 2015.
270	270	25 The court shall annually adjust the maximum awards
271	271	26 authorized by this subsection to reflect the increase, if
272	272
273	273
274	274
275	275
276	276
277	277	HB2146 - 7 - LRB103 26917 KTG 53281 b
278	278
279	279
280	280	HB2146- 8 -LRB103 26917 KTG 53281 b HB2146 - 8 - LRB103 26917 KTG 53281 b
281	281	HB2146 - 8 - LRB103 26917 KTG 53281 b
282	282	1 any, in the Consumer Price Index For All Urban Consumers
283	283	2 for the previous calendar year, as determined by the
284	284	3 United States Department of Labor. The Comptroller shall
285	285	4 make the new amount resulting from each annual adjustment
286	286	5 available to the public via the Comptroller's official
287	287	6 website by January 31 of every year.
288	288	7 (e) All claims for recoupment made by the State of
289	289	8 Illinois against any claimant.
290	290	9 (f) All claims pursuant to the Line of Duty
291	291	10 Compensation Act. A claim under that Act must be heard and
292	292	11 determined within one year after the application for that
293	293	12 claim is filed with the Court as provided in that Act.
294	294	13 (g) All claims filed pursuant to the Crime Victims
295	295	14 Compensation Act.
296	296	15 (h) All claims pursuant to the Illinois National
297	297	16 Guardsman's Compensation Act. A claim under that Act must
298	298	17 be heard and determined within one year after the
299	299	18 application for that claim is filed with the Court as
300	300	19 provided in that Act.
301	301	20 (i) All claims authorized by subsection (a) of Section
302	302	21 10-55 of the Illinois Administrative Procedure Act for the
303	303	22 expenses incurred by a party in a contested case on the
304	304	23 administrative level.
305	305	24 (j) All claims for indemnification under Section 10 of
306	306	25 the Community-Based Foster Care Provider Safety Net Act.
307	307	26 (Source: P.A. 100-1124, eff. 11-27-18.)
308	308
309	309
310	310
311	311
312	312
313	313	HB2146 - 8 - LRB103 26917 KTG 53281 b
314	314
315	315
316	316	HB2146- 9 -LRB103 26917 KTG 53281 b HB2146 - 9 - LRB103 26917 KTG 53281 b
317	317	HB2146 - 9 - LRB103 26917 KTG 53281 b
318	318
319	319
320	320
321	321
322	322
323	323	HB2146 - 9 - LRB103 26917 KTG 53281 b