96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0361


 
Introduced 1/30/2009, by Rep. Rosemary Mulligan
 
SYNOPSIS AS INTRODUCED:
 		








   



705 ILCS 505/8  from Ch. 37, par. 439.8








    Amends the Court of Claims Act. Provides that the Court must rule on a claim filed pursuant to the Line of Duty Compensation Act or Illinois National Guardsman's Compensation Act within one year after the application for that claim is filed. Effective immediately.
















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A BILL FOR









 











HB0361

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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 
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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 
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periods. The court shall have exclusive
jurisdiction to hear 
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and determine the following matters:

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    (a) All claims against the State founded upon any law of 
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the State of
Illinois or upon any regulation adopted thereunder 
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by an executive or
administrative officer or agency; provided, 
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however, the court shall not have
jurisdiction (i) to hear or 
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determine claims arising under
the Workers' Compensation Act or 
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the Workers' Occupational Diseases Act, or
claims for expenses 
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in civil litigation, or (ii) to review administrative
decisions 
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for which a statute provides that review shall be in the 
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circuit or
appellate court.

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    (b) All claims against the State founded upon any contract 
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entered
into with the State of Illinois.

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    (c) All claims against the State for time unjustly served 
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in prisons
of this State when
 the person

imprisoned received
 a 
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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 
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from the Circuit Court as provided in Section 2-702 of the Code 
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of Civil Procedure; provided, the amount of the award is at the 
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discretion of the court; and provided, the
court shall make no 
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award in excess of the following amounts: for
imprisonment of 5 
7
years or less, not more than $85,350; for imprisonment
of 14 
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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 
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provided
further, the court shall fix attorney's fees not to 
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exceed 25% of the award
granted. On or after the effective date 
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of this amendatory Act of the 95th General Assembly,
 the court 
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shall
annually adjust the maximum awards authorized by this 
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subsection (c) to reflect
the increase, if any, in the Consumer 
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Price Index For All Urban Consumers for
the previous calendar 
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year, as determined by the United States Department of
Labor, 
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except that no annual increment may exceed 5%.  For the annual 
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adjustments, if the Consumer Price Index
decreases during a 
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calendar year, there shall be no adjustment for that
calendar 
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year. The transmission by the Prisoner Review Board or the 
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clerk of the circuit court of the information described in 
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Section 11(b) to the clerk of the Court of Claims is conclusive 
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evidence of the validity of the claim. The changes made by this 
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amendatory Act of the 95th General Assembly apply to all
claims 
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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 
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private person or corporation in a
civil suit, and all like 
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claims sounding in tort against the Medical Center
Commission, 
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the Board of Trustees of the University of Illinois, the Board 
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of
Trustees of Southern Illinois University, the Board of 
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Trustees of Chicago
State University, the Board of Trustees of 
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Eastern Illinois University, the
Board of Trustees of Governors 
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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 
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University, the Board
of Trustees of Western Illinois 
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University, or the Board of Trustees of the
Illinois 
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Mathematics and Science Academy; provided, that an award for 
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damages
in a case sounding in tort, other than certain cases 
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involving the operation
of a State vehicle described in this 
16
paragraph, shall not exceed the sum of
$100,000 to or for the 
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benefit of
any claimant.  The $100,000 limit prescribed by this 
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Section does not
apply to an award of damages in any case 
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sounding in tort arising out of
the operation by a State 
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employee of a vehicle owned, leased or
controlled by the State.  
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The defense that the State or the Medical
Center Commission or 
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the Board of Trustees of the University of Illinois, the
Board 
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of Trustees of Southern Illinois University, the Board of 
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Trustees of
Chicago State University, the Board of Trustees of 
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Eastern Illinois University,
the Board of Trustees of Governors 
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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 
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University, the Board of
Trustees of Western Illinois 
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University, or the Board of Trustees of the
Illinois 
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Mathematics and Science Academy is not liable for the 
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negligence of
its officers, agents, and employees in the course 
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of their employment is not
applicable to the hearing and 
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determination of such claims.

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    (e) All claims for recoupment made by the State of Illinois 
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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 
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one year after the application for that claim is filed with the 
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Court as provided in that Act. 

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    (g) All claims filed pursuant to the Crime Victims 
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Compensation Act.

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    (h) All claims pursuant to the Illinois National 
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Guardsman's Compensation
Act. A claim under that Act must be 
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heard and determined within one year after the application for 
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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 
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10-55 of the Illinois
Administrative Procedure Act for the 
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expenses incurred by a party in a
contested case on the 
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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 
 


 






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becoming law.