Full Text of SB2936 101st General Assembly
SB2936sam001 101ST GENERAL ASSEMBLY | Sen. Omar Aquino Filed: 3/18/2020
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| 1 | | AMENDMENT TO SENATE BILL 2936
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2936 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Court of Claims Act is amended by changing | 5 | | Sections 8 and 22 as follows:
| 6 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| 7 | | Sec. 8. Court of Claims jurisdiction; deliberation | 8 | | periods. The court shall have exclusive
jurisdiction to hear | 9 | | and determine the following matters:
| 10 | | (a) All claims against the State founded upon any law | 11 | | of the State of
Illinois or upon any regulation adopted | 12 | | thereunder by an executive or
administrative officer or | 13 | | agency; provided, however, the court shall not have
| 14 | | jurisdiction (i) to hear or determine claims arising under
| 15 | | the Workers' Compensation Act or the Workers' Occupational | 16 | | Diseases Act, or
claims for expenses in civil litigation, |
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| 1 | | or (ii) to review administrative
decisions for which a | 2 | | statute provides that review shall be in the circuit or
| 3 | | appellate court.
| 4 | | (b) All claims against the State founded upon any | 5 | | contract entered
into with the State of Illinois.
| 6 | | (c) All claims against the State for time unjustly | 7 | | served in prisons
of this State when
the person
imprisoned | 8 | | received
a pardon from
the Governor stating that such | 9 | | pardon is issued on the ground of
innocence of the crime | 10 | | for which he or she was
imprisoned or he or she received a | 11 | | certificate of innocence from the Circuit Court as provided | 12 | | in Section 2-702 of the Code of Civil Procedure; provided, | 13 | | the amount of the award is at the discretion of the court; | 14 | | and provided, the
court shall make no award in excess of | 15 | | the following amounts: for
imprisonment of 5 years or less, | 16 | | not more than $85,350; for imprisonment
of 14 years or less | 17 | | but over 5 years, not more than $170,000; for
imprisonment | 18 | | of over 14 years, not more than $199,150; and provided
| 19 | | further, the court shall fix attorney's fees not to exceed | 20 | | 25% of the award
granted. On or after the effective date of | 21 | | this amendatory Act of the 95th General Assembly,
the court | 22 | | shall
annually adjust the maximum awards authorized by this | 23 | | subsection (c) to reflect
the increase, if any, in the | 24 | | Consumer Price Index For All Urban Consumers for
the | 25 | | previous calendar year, as determined by the United States | 26 | | Department of
Labor, except that no annual increment may |
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| 1 | | exceed 5%. For the annual adjustments, if the Consumer | 2 | | Price Index
decreases during a calendar year, there shall | 3 | | be no adjustment for that
calendar year. The transmission | 4 | | by the Prisoner Review Board or the clerk of the circuit | 5 | | court of the information described in Section 11(b) to the | 6 | | clerk of the Court of Claims is conclusive evidence of the | 7 | | validity of the claim. The changes made by this amendatory | 8 | | Act of the 95th General Assembly apply to all
claims | 9 | | pending on or filed on or after the effective date.
| 10 | | (d) All claims against the State for damages in cases | 11 | | sounding in tort, if
a like cause of action would lie | 12 | | against a private person or corporation in a
civil suit, | 13 | | and all like claims sounding in tort against the Medical | 14 | | Center
Commission, the Board of Trustees of the University | 15 | | of Illinois, the Board of
Trustees of Southern Illinois | 16 | | University, the Board of Trustees of Chicago
State | 17 | | University, the Board of Trustees of Eastern Illinois | 18 | | University, the
Board of Trustees of Governors State | 19 | | University, the Board of Trustees of
Illinois State | 20 | | University, the Board of Trustees of Northeastern Illinois
| 21 | | University, the Board of Trustees of Northern Illinois | 22 | | University, the Board
of Trustees of Western Illinois | 23 | | University, or the Board of Trustees of the
Illinois | 24 | | Mathematics and Science Academy; provided, that an award | 25 | | for damages
in a case sounding in tort, other than certain | 26 | | cases involving the operation
of a State vehicle described |
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| 1 | | in this paragraph, shall not exceed the sum of $2,000,000
| 2 | | to or for the benefit of
any claimant. The $2,000,000 limit | 3 | | prescribed by this Section does not
apply to an award of | 4 | | damages in any case sounding in tort arising out of
the | 5 | | operation by a State employee of a vehicle owned, leased or
| 6 | | controlled by the State. The defense that the State or the | 7 | | Medical
Center Commission or the Board of Trustees of the | 8 | | University of Illinois, the
Board of Trustees of Southern | 9 | | Illinois University, the Board of Trustees of
Chicago State | 10 | | University, the Board of Trustees of Eastern Illinois | 11 | | University,
the Board of Trustees of Governors State | 12 | | University, the Board of Trustees of
Illinois State | 13 | | University, the Board of Trustees of Northeastern Illinois
| 14 | | University, the Board of Trustees of Northern Illinois | 15 | | University, the Board of
Trustees of Western Illinois | 16 | | University, or the Board of Trustees of the
Illinois | 17 | | Mathematics and Science Academy is not liable for the | 18 | | negligence of
its officers, agents, and employees in the | 19 | | course of their employment is not
applicable to the hearing | 20 | | and determination of such claims. The changes to this | 21 | | Section made by this amendatory Act of the 100th General | 22 | | Assembly apply only to claims filed on or after July 1, | 23 | | 2015. | 24 | | The court shall
annually adjust the maximum awards | 25 | | authorized by this subsection to reflect
the increase, if | 26 | | any, in the Consumer Price Index For All Urban Consumers |
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| 1 | | for
the previous calendar year, as determined by the United | 2 | | States Department of
Labor. The Comptroller shall make the | 3 | | new amount resulting from each annual adjustment available | 4 | | to the public via the Comptroller's official website by | 5 | | January 31 of every year.
| 6 | | (e) All claims for recoupment made by the State of | 7 | | Illinois against
any claimant.
| 8 | | (f) All claims pursuant to the Line of Duty | 9 | | Compensation
Act. A claim under that Act must be heard and | 10 | | determined within one year after the application for that | 11 | | claim is filed with the Court as provided in that Act.
| 12 | | (g) All claims filed pursuant to the Crime Victims | 13 | | Compensation Act.
| 14 | | (h) All claims pursuant to the Illinois National | 15 | | Guardsman's Compensation
Act. A claim under that Act must | 16 | | be heard and determined within one year after the | 17 | | application for that claim is filed with the Court as | 18 | | provided in that Act.
| 19 | | (i) All claims authorized by subsection (a) of Section | 20 | | 10-55 of the Illinois
Administrative Procedure Act for the | 21 | | expenses incurred by a party in a
contested case on the | 22 | | administrative level.
| 23 | | (j) All quantum meruit claims by medical vendors for | 24 | | medical services rendered by the claimant pursuant to | 25 | | Section 5-5.01a of the Illinois Public Aid Code to a person | 26 | | eligible for medical assistance under programs |
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| 1 | | administered by the Department of Healthcare and Family | 2 | | Services if: | 3 | | (1) the services or goods were provided between | 4 | | January 1, 2015 and June 30, 2019; | 5 | | (2) at the time the services or goods were | 6 | | provided, the vendor was certified by Medicaid to | 7 | | provide medical services to a person eligible for | 8 | | medical assistance under programs administered by the | 9 | | Department of Healthcare and Family Services; | 10 | | (3) the State accepted the services or goods | 11 | | provided; | 12 | | (4) the State has been unjustly enriched or | 13 | | benefited from the services or goods; and | 14 | | (5) the claim was filed with the Court of Claims | 15 | | before March 31, 2020. | 16 | | The existence of a vendor agreement between a vendor | 17 | | and the State shall not be a bar, defense, or otherwise | 18 | | defeat a quantum meruit claim under this subsection. The | 19 | | amount due to a vendor under this subsection shall not | 20 | | exceed the Medicaid fee-for-service rates that would have | 21 | | otherwise been paid to the vendor for a valid claim at the | 22 | | time the services were rendered. | 23 | | (Source: P.A. 100-1124, eff. 11-27-18 .)
| 24 | | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
| 25 | | Sec. 22. Every claim cognizable by the court Court and not |
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| 1 | | otherwise sooner
barred by law shall be forever barred from | 2 | | prosecution therein unless it
is filed with the clerk of the | 3 | | court Clerk of the Court within the time set forth as follows:
| 4 | | (a) All claims arising out of a contract must be filed | 5 | | within 5
years after it first accrues, saving to minors, | 6 | | and persons under legal
disability at the time the claim | 7 | | accrues, in which cases the claim must be
filed within 5 | 8 | | years from the time the disability ceases.
| 9 | | (b) All claims cognizable against the State by vendors | 10 | | of goods or services
under the "The Illinois Public Aid | 11 | | Code ", approved April 11, 1967, as amended,
must file | 12 | | within one year after the accrual of the cause of action, | 13 | | as provided
in Section 11-13 of that Code.
This restriction | 14 | | shall not apply to claims made pursuant to subsection (j) | 15 | | of Section 8.
| 16 | | (c) All claims arising under paragraph (c) of Section 8 | 17 | | of this Act
must
be automatically heard by the court
within | 18 | | 120
days
after the person
asserting such
claim is either | 19 | | issued a certificate of innocence from the circuit court | 20 | | Circuit Court as provided in Section 2-702 of the Code of | 21 | | Civil Procedure, or is granted a pardon by the Governor, | 22 | | whichever occurs later,
without the person asserting the | 23 | | claim being required to file a petition under Section 11 of | 24 | | this Act, except as otherwise provided by the Crime Victims | 25 | | Compensation Act.
Any claims filed by the claimant under | 26 | | paragraph (c) of Section 8 of this Act must be filed within |
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| 1 | | 2 years after the person asserting such claim is either | 2 | | issued a certificate of innocence as provided in Section | 3 | | 2-702 of the Code of Civil Procedure, or is granted a | 4 | | pardon by the Governor, whichever occurs later.
| 5 | | (d) All claims arising under paragraph (f) of Section 8 | 6 | | of this Act must
be filed within the time set forth in | 7 | | Section 3 of the Line of Duty Compensation Act.
| 8 | | (e) All claims arising under paragraph (h) of Section 8 | 9 | | of this Act must
be filed within one year of the date of | 10 | | the death of the guardsman or
militiaman as provided in | 11 | | Section 3 of the " Illinois National Guardsman's
and Naval | 12 | | Militiaman's Compensation Act ", approved August 12, 1971, | 13 | | as amended .
| 14 | | (f) All claims arising under paragraph (g) of Section 8 | 15 | | of this Act must
be filed within one year of the crime on | 16 | | which a claim is based as
provided in Section 6.1 of the | 17 | | " Crime Victims Compensation Act ", approved
August 23, | 18 | | 1973, as amended .
| 19 | | (g) All claims arising from the Comptroller's refusal | 20 | | to issue a
replacement warrant pursuant to Section 10.10 of | 21 | | the State Comptroller Act
must be filed within 5 years | 22 | | after the date of the Comptroller's refusal.
| 23 | | (h) All other claims must be filed within 2 years after | 24 | | it first accrues,
saving to minors, and persons under legal | 25 | | disability at the time the claim
accrues, in which case the | 26 | | claim must be filed within 2 years from the time
the |
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| 1 | | disability ceases.
| 2 | | (i) The changes made by Public Act 86-458 apply to all
| 3 | | warrants issued within the 5-year 5 year period preceding | 4 | | August 31, 1989 (the effective date of Public Act 86-458).
| 5 | | The changes made to this Section by Public Act 100-1124 | 6 | | this amendatory Act of the 100th General Assembly apply to | 7 | | claims pending on November 27, 2018 ( the effective date of | 8 | | Public Act 100-1124) this amendatory Act of the 100th | 9 | | General Assembly and to claims filed thereafter.
| 10 | | (j) All time limitations established under this Act and | 11 | | the rules
promulgated under this Act shall be binding and | 12 | | jurisdictional, except upon
extension authorized by law or | 13 | | rule and granted pursuant to a motion timely filed.
| 14 | | (Source: P.A. 100-1124, eff. 11-27-18; revised 7-16-19.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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