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Public Act 096-0080
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| HB0361 Enrolled |
LRB096 03841 AJO 13874 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Court of Claims Act is amended by changing |
Section 8 as follows:
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(705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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Sec. 8. Court of Claims jurisdiction; deliberation |
periods. The court shall have exclusive
jurisdiction to hear |
and determine the following matters:
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(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.
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(b) All claims against the State founded upon any contract |
entered
into with the State of Illinois.
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(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 |
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the ground of
innocence of the crime for which he or she was
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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
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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.
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(d) All claims against the State for damages in cases |
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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
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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 |
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University, the Board of Trustees of Northeastern Illinois
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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.
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(e) All claims for recoupment made by the State of Illinois |
against
any claimant.
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(f) All claims pursuant to the Line of Duty Compensation
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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.
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(g) All claims filed pursuant to the Crime Victims |
Compensation Act.
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(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.
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(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.
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(Source: P.A. 95-970, eff. 9-22-08.)
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Section 99. Effective date. This Act takes effect upon |