Public Act 096-0080
 		





HB0361 Enrolled
LRB096 03841 AJO 13874 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 
Section 8 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
$100,000 to or for the 
benefit of
any claimant.  The $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.

    (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.)

 

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