Illinois House Bill 2146

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Spectrum: Partisan Bill (Democrat 2-0)
Status: Introduced on February 6 2023 - 25% progression
Action: 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

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.

FOSTER CARE SAFETY NET ACT

Rep. Anna Moeller [D]

Rep. Nicholas Smith [D]

Date	Chamber	Action
2023-03-10	House	House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
2023-03-10	House	Rule 19(a) / Re-referred to Rules Committee
2023-03-07	House	House Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
2023-03-01	House	House Committee Amendment No. 1 Referred to Rules Committee
2023-03-01	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Anna Moeller
2023-02-21	House	Assigned to Judiciary - Civil Committee
2023-02-10	House	Added Co-Sponsor Rep. Nicholas K. Smith
2023-02-07	House	Referred to Rules Committee
2023-02-07	House	First Reading
2023-02-06	House	Filed with the Clerk by Rep. Anna Moeller

Chapter	Article	Section	Citation Type	Statute Text
705	505	8	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2146&GAID=17&DocTypeID=HB&SessionID=112&GA=103
Text	https://www.ilga.gov/legislation/103/HB/10300HB2146.htm
Amendment	https://www.ilga.gov/legislation/103/HB/10300HB2146ham001.htm