Bill Amendment: IL SB1051 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GOVERNMENT-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1051 Detail]
Download: Illinois-2015-SB1051-Senate_Amendment_001.html
Bill Title: GOVERNMENT-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1051 Detail]
Download: Illinois-2015-SB1051-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1051
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2 | AMENDMENT NO. ______. Amend Senate Bill 1051 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Section 11-13 as follows:
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6 | (305 ILCS 5/11-13) (from Ch. 23, par. 11-13)
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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,
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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 |
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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
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4 | supplementation of such available income and resources.
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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.
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12 | A cause of action accrues within the meaning of this | ||||||
13 | Section upon the following date:
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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
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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
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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
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26 | (2) If the vendor cannot prove that he submitted a bill |
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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.
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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
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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.
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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.
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18 | (Source: P.A. 97-689, eff. 6-14-12.)
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19 | Section 10. The Court of Claims Act is amended by changing | ||||||
20 | Section 22 as follows:
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21 | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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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 |
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1 | Court within the time set forth as follows:
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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.
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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
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11 | in Section 11-13 of that Code.
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12 | (c) All claims arising under paragraph (c) of Section 8 of | ||||||
13 | this Act
must
be automatically heard by the court
within 120
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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.
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26 | (d) All claims arising under paragraph (f) of Section 8 of |
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1 | this Act must
be filed within the time set forth in Section 3 | ||||||
2 | of the Line of Duty Compensation Act.
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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.
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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.
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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.
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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.
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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.
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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 |
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1 | and granted pursuant to a motion timely filed.
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2 | (Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | ||||||
3 | 96-328, eff. 8-11-09.)".
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