HB5152ham001 102ND GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 2/10/2022

10200HB5152ham001 LRB102 26044 KTG 36128 a

AMENDMENT TO HOUSE BILL 5152

AMENDMENT NO. ______. Amend House Bill 5152 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Community-Based Foster Care Organization Safety Net Act.

Section 5. Policy and purpose. It is the policy of this State to encourage community-based organizations to provide foster care services to children in need. It is the purpose of this Act to provide such community-based 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.

Section 10. Definitions. As used in this Act:

"Community-based foster care organization" or "organization" means a privately owned or operated organization that contracts with the Department of Children and Family Services for the purpose of providing foster care services in the State.

"Department" means the Department of Children and Family Services.

"Damages" means any sums a community-based foster care organization becomes legally obligated to pay as a result of a tort claim arising out of foster care services, including any settlements, judgments, judgments for punitive damages, and attorney's fees. "Damages" does not include fines assessed by the Department or the State. "Damages" does not include any liabilities incurred by the community-based foster care organization for claims against employees of the community-based foster care organization.

"Foster care services" means the provision of a full range of casework, treatment, and community services for a planned period of time to a child who is in need of placement or has been placed through an agreement between the Department and the community-based foster care organization.

Section 15. Indemnification of community-based foster care organizations.

(a) 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.

(b) 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 Section 8 of the Court of Claims Act.

(c) 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.

(d) Nothing contained or implied in this Section shall operate, or be construed or applied, to deprive the community-based foster care organization, or any of its employees, of any defense available to it.

(f) This Act applies to all judgments or settlement proceedings finalized on or after the effective date of this Act, and to any proceeding pending on the effective date of this Act.

(g) The indemnification provided under this Act shall apply to any employee acting within the scope of his or her employment with the community-based foster care organization. However, this indemnification shall not apply to any community-based foster care organization or any employee of a community-based foster care organization that is involved in any: (i) criminal proceeding in which the organization or employee is a defendant; (ii) criminal investigation in which the organization or employee is the target; or (iii) proceeding that does not arise out of the provision of foster care services. Nothing in this 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.

Section 20. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.

Section 25. The Court of Claims Act is amended by changing Section 8 as follows:

(705 ILCS 505/8) (from Ch. 37, par. 439.8)

Sec. 8. Court of Claims jurisdiction; deliberation periods. The court shall have exclusive jurisdiction to hear and determine the following matters:

(a) All claims against the State founded upon any law of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency; provided, however, the court shall not have jurisdiction (i) to hear or determine claims arising under the Workers' Compensation Act or the Workers' Occupational Diseases Act, or claims for expenses in civil litigation, or (ii) to review administrative decisions for which a statute provides that review shall be in the circuit or appellate court.

(b) All claims against the State founded upon any contract entered into with the State of Illinois.

(c) All claims against the State for time unjustly served in prisons of this State when the person imprisoned received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure; provided, the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150; and provided further, the court shall fix attorney's fees not to exceed 25% of the award granted. On or after the effective date of this amendatory Act of the 95th General Assembly, the court shall annually adjust the maximum awards authorized by this subsection (c) to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. For the annual adjustments, if the Consumer Price Index decreases during a calendar year, there shall be no adjustment for that calendar year. The transmission by the Prisoner Review Board or the clerk of the circuit court of the information described in Section 11(b) to the clerk of the Court of Claims is conclusive evidence of the validity of the claim. The changes made by this amendatory Act of the 95th General Assembly apply to all claims pending on or filed on or after the effective date.

(d) All claims against the State for damages in cases sounding in tort, if a like cause of action would lie against a private person or corporation in a civil suit, and all like claims sounding in tort against the Medical Center Commission, the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy; provided, that an award for damages in a case sounding in tort, other than certain cases involving the operation of a State vehicle described in this paragraph, shall not exceed the sum of $2,000,000 to or for the benefit of any claimant. The $2,000,000 limit prescribed by this Section does not apply to an award of damages in any case sounding in tort arising out of the operation by a State employee of a vehicle owned, leased or controlled by the State. The defense that the State or the Medical Center Commission or the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy is not liable for the negligence of its officers, agents, and employees in the course of their employment is not applicable to the hearing and determination of such claims. The changes to this Section made by this amendatory Act of the 100th General Assembly apply only to claims filed on or after July 1, 2015.

The court shall annually adjust the maximum awards authorized by this subsection to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor. The Comptroller shall make the new amount resulting from each annual adjustment available to the public via the Comptroller's official website by January 31 of every year.

(e) All claims for recoupment made by the State of Illinois against any claimant.

(f) All claims pursuant to the Line of Duty Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.

(g) All claims filed pursuant to the Crime Victims Compensation Act.

(h) All claims pursuant to the Illinois National Guardsman's Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.

(i) All claims authorized by subsection (a) of Section 10-55 of the Illinois Administrative Procedure Act for the expenses incurred by a party in a contested case on the administrative level.

(j) All claims for indemnification under Section 10 of the Community-Based Foster Care Provider Safety Net Act.

(Source: P.A. 100-1124, eff. 11-27-18.)

Section 99. Effective date. This Act takes effect April 1, 2022.".