Bill Text: IL SB3873 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Administrative Procedure Act. Defines the term "invalidated" for purposes of provisions concerning expenses and attorney's fees. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2022-01-21 - Referred to Assignments [SB3873 Detail]

Download: Illinois-2021-SB3873-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3873 Introduced 1/21/2022, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
5 ILCS 100/10-55 from Ch. 127, par. 1010-55
Amends the Illinois Administrative Procedure Act. Defines the term "invalidated" for purposes of provisions concerning expenses and attorney's fees. Effective immediately.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 10-55 as follows:
(5 ILCS 100/10-55) (from Ch. 127, par. 1010-55)
Sec. 10-55. Expenses and attorney's fees.
(a) In any contested case initiated by any agency that
does not proceed to court for judicial review and on any issue
where a court does not have jurisdiction to make an award of
litigation expenses under Section 2-611 of the Civil Practice
Law, any allegation made by the agency without reasonable
cause and found to be untrue shall subject the agency making
the allegation to the payment of the reasonable expenses,
including reasonable attorney's fees, actually incurred in
defending against that allegation by the party against whom
the case was initiated. A claimant may not recover litigation
expenses when the parties have executed a settlement agreement
that, while not stipulating liability or violation, requires
the claimant to take correction action or pay a monetary sum.
(b) The claimant shall make a demand for litigation
expenses to the agency. If the claimant is dissatisfied
because of the agency's failure to make any award or because of

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the insufficiency of the agency's award, the claimant may
petition the Court of Claims for the amount deemed owed. If
allowed any recovery by the Court of Claims, the claimant
shall also be entitled to reasonable attorney's fees and the
reasonable expenses incurred in making a claim for the
expenses incurred in the administrative action. The Court of
Claims may reduce the amount of the litigation expenses to be
awarded under this Section, or deny an award, to the extent
that the claimant engaged in conduct during the course of the
proceeding that unduly and unreasonably protracted the final
resolution of the matter in controversy.
(c) In any case in which a party has any administrative
rule invalidated by a court for any reason, including but not
limited to the agency's exceeding its statutory authority or
the agency's failure to follow statutory procedures in the
adoption of the rule, the court shall award the party bringing
the action the reasonable expenses of the litigation,
including reasonable attorney's fees.
For purposes of this subsection (c), "invalidated" means
any action by a court of competent jurisdiction that declares
or renders an administrative rule unenforceable or without
legal effect for any period of time, whether pursuant to a
temporary restraining order, preliminary injunction, permanent
injunction, or final decision on the merits. The changes made
by this amendatory Act of the 102nd General Assembly are
declarative of existing law.

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(Source: P.A. 87-823.)
Section 99. Effective date. This Act takes effect upon
becoming law.