Public Act 100-1124
 
SB2481 EnrolledLRB100 17648 HEP 32819 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
    Section 5. The Court of Claims Act is amended  by changing 
Sections 8, 18, 22, and 24 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
$100,000 to 
or for the benefit of
any claimant.  The $2,000,000 $100,000 
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.

(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)

 



    (705 ILCS 505/18)  (from Ch. 37, par. 439.18)



    Sec. 18. 
The court shall provide, by rule, for the 
maintenance of separate
records of claims which arise solely 
due to lapsed appropriations and for
claims for which amount of 
recovery sought is less than $50,000 $5,000.
In all
other 
cases, the court or Commissioner as the case may be, shall file

with its clerk a written opinion in each
case upon final 
disposition thereof. All opinions shall be compiled and

published annually by the clerk of the court. 

(Source: P.A. 90-492, eff. 8-17-97.)

 
    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)

    Sec. 22. Every claim cognizable by the Court and not 
otherwise sooner
barred by law shall be forever barred from 
prosecution therein unless it
is filed with the Clerk of the 
Court within the time set forth as follows:


    (a) All claims arising out of a contract must be filed 
within 5
years after it first accrues, saving to minors, and 
persons under legal
disability at the time the claim accrues, 
in which cases the claim must be
filed within 5 years from the 
time the disability ceases.


    (b) All claims cognizable against the State by vendors of 
goods or services
under "The Illinois Public Aid Code", 
approved April 11, 1967, as amended,
must file within one year 
after the accrual of the cause of action, as provided
in 
Section 11-13 of that Code.


    (c) All claims arising under paragraph (c) of Section 8 of 
this Act
must
be automatically heard by the court
 within 120

days
 after the person
asserting such
claim is either issued a 
certificate of innocence from the Circuit Court as provided in 
Section 2-702 of the Code of Civil Procedure, or is granted a 
pardon by the Governor, whichever occurs later,
without the 
person asserting the claim being required to file a petition 
under Section 11 of this Act, except as otherwise provided by 
the Crime Victims Compensation Act.
Any claims filed by the 
claimant under paragraph (c) of Section 8 of this Act must be 
filed within 2 years after the person asserting such claim is 
either issued a certificate of innocence as provided in Section 
2-702 of the Code of Civil Procedure, or is granted a pardon by 
the Governor, whichever occurs later.

    (d) All claims arising under paragraph (f) of Section 8 of 
this Act must
be filed within the time set forth in Section 3 
of the Line of Duty Compensation Act.


    (e) All claims arising under paragraph (h) of Section 8 of 
this Act must
be filed within one year of the date of the death 
of the guardsman or
militiaman as provided in Section 3 of the 
"Illinois National Guardsman's
and Naval Militiaman's 
Compensation Act", approved August 12, 1971, as amended.


    (f) All claims arising under paragraph (g) of Section 8 of 
this Act must
be filed within one year of the crime on which a 
claim is based as
provided in Section 6.1 of the "Crime Victims 
Compensation Act", approved
August 23, 1973, as amended.


    (g) All claims arising from the Comptroller's refusal to 
issue a
replacement warrant pursuant to Section 10.10 of the 
State Comptroller Act
must be filed within 5 years after the 
date of the Comptroller's refusal issue date of such warrant.


    (h) All other claims must be filed within 2 years after it 
first accrues,
saving to minors, and persons under legal 
disability at the time the claim
accrues, in which case the 
claim must be filed within 2 years from the time
the disability 
ceases.


    (i)  The changes made by Public Act 86-458 this amendatory 
Act of 1989 shall apply to all
warrants issued within the 5 
year period preceding August 31, 1989 (the effective date of 
Public Act 86-458)
this amendatory Act of 1989.
The changes 
made to this Section by this amendatory Act of the 100th 
General Assembly apply to claims pending on the effective date 
of this amendatory Act of the 100th  General Assembly and to 
claims filed thereafter.

    (j) All time limitations established under this Act and the 
rules
promulgated under this Act shall be binding and 
jurisdictional, except upon
extension authorized by law or rule 
and granted pursuant to a motion timely filed.


(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; 
96-328, eff. 8-11-09.)

 



    (705 ILCS 505/24)  (from Ch. 37, par. 439.24)



    Sec. 24. Payment of awards. 

    (1) From funds appropriated by the General Assembly for the 
purposes
of this Section the Court may direct
immediate payment 
of:


        (a) All claims arising solely as a result of the 
    lapsing of an
appropriation out of which the obligation 
    could have been paid.


        (b) All claims pursuant to the Line of Duty

    Compensation Act.


        (c) All claims pursuant to the "Illinois National 
    Guardsman's and
Naval Militiaman's Compensation Act", 
    approved August 12, 1971, as
amended.


        (d) All claims pursuant to the "Crime Victims 
    Compensation Act",
approved August 23, 1973, as amended.
        (d-5) All claims against the State for unjust 
    imprisonment as provided in subsection (c) of Section 8 of 
    this Act. 


        (e) All other claims wherein the amount of the award of 
    the Court
is less than $50,000 $5,000.

    (2) The court may, from funds specifically appropriated 
from the General
Revenue Fund for this purpose, direct the 
payment of awards less than $50,000
solely as a result
of the 
lapsing of an appropriation originally made from any fund held 
by the
State Treasurer.  For any such award paid from the 
General Revenue Fund, the
court
shall thereafter seek an 
appropriation from the fund from which the liability
originally 
accrued in reimbursement of the General Revenue Fund.

    (3) In directing payment of a claim pursuant to the Line of 
Duty
Compensation Act, the Court must direct the Comptroller to 
add an interest penalty if payment of a claim is not made 
within  6 months after a claim is filed in accordance with 
Section 3 of the Line of Duty
Compensation Act and all 
information has been submitted as required under Section 4 of 
the Line of Duty
Compensation Act. If payment is not issued 
within the 6-month period, an interest penalty of 1% of the 
amount of the award shall be added for each month or fraction 
thereof after the end of the 6-month period, until final 
payment is made.  This interest penalty shall be added 
regardless of whether the payment is not issued within the 
6-month period because of  the appropriation process, the 
consideration of the matter by the Court, or any other reason. 
    (3.5) The interest penalty payment provided for in 
subsection (3) shall be added to all claims for which benefits 
were not paid as of the effective date of P.A. 95-928.  The 
interest penalty shall be calculated starting from the 
effective date of P.A. 95-928, provided that the effective date 
of P.A. 95-928 is at least 6 months after the date on which the 
claim was filed in accordance with Section 3 of the Line of 
Duty Compensation Act.  In the event that the date 6 months 
after the date on which the claim was filed is later than the 
effective date of P.A. 95-928, the Court shall calculate the 
interest payment penalty starting from the date 6 months after 
the date on which the claim was filed in accordance with 
Section 3 of the Line of Duty Compensation Act.  This subsection 
(3.5) of this amendatory Act of the 96th General Assembly is 
declarative of existing law. 
    (3.6)  In addition to the interest payments provided for in 
subsections (3) and (3.5), the Court shall direct the 
Comptroller to add a "catch-up" payment to the claims of 
eligible claimants.  For the purposes of this subsection (3.6), 
an "eligible claimant" is a claimant whose claim is not paid in 
the year in which it was filed.  For purposes of this subsection 
(3.6), "'catch-up' payment" is defined as the difference 
between the amount paid to claimants whose claims were filed in 
the year in which the eligible claimant's claim is paid and the 
amount paid to claimants whose claims were filed in the year in 
which the eligible claimant filed his or her claim.  The 
"catch-up" payment is payable simultaneously with the claim 
award. 
    (4)
 From funds appropriated by the General Assembly for the 
purposes of
paying claims under paragraph (c) of Section 8, the 
court must direct payment
of each claim and the payment must be 
received by the claimant within 60 days after the date that the 
funds are appropriated for that purpose.

(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; 
96-328, eff. 8-11-09; 96-539, eff. 1-1-10.)



 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.