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Sen. William E. Brady
Filed: 5/27/2016
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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 one |
21 | | year following the date the vendor submitted such
bill if |
22 | | the Illinois Department or a governmental unit fails to |
23 | | mail to
the vendor such payment information within one year |
24 | | following the date the
vendor submitted the bill; or
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25 | | (2) If the vendor cannot prove that he submitted a bill |
26 | | for the service
rendered within 180 days after the date the |
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1 | | service was rendered, then upon
the date 12 months |
2 | | following the date the vendor rendered the
service to the |
3 | | recipient.
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4 | | In the case of long term care facilities, where the |
5 | | Illinois Department initiates the monthly billing process for |
6 | | the vendor, the cause of action shall accrue 12 months after |
7 | | the last day of the month the service was rendered. |
8 | | This paragraph governs only vendor payments as
defined in |
9 | | this Code and as limited by regulations of the Illinois
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10 | | Department; it does not apply to goods or services purchased or |
11 | | contracted
for by a recipient under circumstances in which the |
12 | | payment is to be made
directly by the recipient.
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13 | | Any vendor who accepts a vendor payment and who knowingly |
14 | | obtains or
attempts to obtain additional payment for the goods |
15 | | or services covered by
the vendor payment from the recipient or |
16 | | any other person shall be guilty
of a Class B misdemeanor.
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17 | | (Source: P.A. 97-689, eff. 6-14-12.)
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18 | | Section 10. The Court of Claims Act is amended by changing |
19 | | Section 22 as follows:
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20 | | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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21 | | Sec. 22. Every claim cognizable by the Court and not |
22 | | otherwise sooner
barred by law shall be forever barred from |
23 | | prosecution therein unless it
is filed with the Clerk of the |
24 | | Court within the time set forth as follows:
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1 | | (a) All claims arising out of a contract must be filed |
2 | | within 5
years after it first accrues, saving to minors, and |
3 | | persons under legal
disability at the time the claim accrues, |
4 | | in which cases the claim must be
filed within 5 years from the |
5 | | time the disability ceases.
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6 | | (b) All claims cognizable against the State by vendors of |
7 | | goods or services
under "The Illinois Public Aid Code", |
8 | | approved April 11, 1967, as amended,
must file within 5 years |
9 | | one year after the accrual of the cause of action, as provided
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10 | | in Section 11-13 of that Code.
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11 | | (c) All claims arising under paragraph (c) of Section 8 of |
12 | | this Act
must
be automatically heard by the court
within 120
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13 | | days
after the person
asserting such
claim is either issued a |
14 | | certificate of innocence from the Circuit Court as provided in |
15 | | Section 2-702 of the Code of Civil Procedure, or is granted a |
16 | | pardon by the Governor, whichever occurs later,
without the |
17 | | person asserting the claim being required to file a petition |
18 | | under Section 11 of this Act, except as otherwise provided by |
19 | | the Crime Victims Compensation Act.
Any claims filed by the |
20 | | claimant under paragraph (c) of Section 8 of this Act must be |
21 | | filed within 2 years after the person asserting such claim is |
22 | | either issued a certificate of innocence as provided in Section |
23 | | 2-702 of the Code of Civil Procedure, or is granted a pardon by |
24 | | the Governor, whichever occurs later.
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25 | | (d) All claims arising under paragraph (f) of Section 8 of |
26 | | this Act must
be filed within the time set forth in Section 3 |
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1 | | of the Line of Duty Compensation Act.
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2 | | (e) All claims arising under paragraph (h) of Section 8 of |
3 | | this Act must
be filed within one year of the date of the death |
4 | | of the guardsman or
militiaman as provided in Section 3 of the |
5 | | "Illinois National Guardsman's
and Naval Militiaman's |
6 | | Compensation Act", approved August 12, 1971, as amended.
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7 | | (f) All claims arising under paragraph (g) of Section 8 of |
8 | | this Act must
be filed within one year of the crime on which a |
9 | | claim is based as
provided in Section 6.1 of the "Crime Victims |
10 | | Compensation Act", approved
August 23, 1973, as amended.
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11 | | (g) All claims arising from the Comptroller's refusal to |
12 | | issue a
replacement warrant pursuant to Section 10.10 of the |
13 | | State Comptroller Act
must be filed within 5 years after the |
14 | | issue date of such warrant.
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15 | | (h) All other claims must be filed within 2 years after it |
16 | | first accrues,
saving to minors, and persons under legal |
17 | | disability at the time the claim
accrues, in which case the |
18 | | claim must be filed within 2 years from the time
the disability |
19 | | ceases.
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20 | | (i) The changes made by this amendatory Act of 1989 shall |
21 | | apply to all
warrants issued within the 5 year period preceding |
22 | | the effective date of
this amendatory Act of 1989.
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23 | | (j) All time limitations established under this Act and the |
24 | | rules
promulgated under this Act shall be binding and |
25 | | jurisdictional, except upon
extension authorized by law or rule |
26 | | and granted pursuant to a motion timely filed.
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