HB0086 EngrossedLRB102 03685 LNS 13698 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
 
4    Section 5. The Court of Claims Act is amended  by changing 
5Section 8 as follows:
 



6    (705 ILCS 505/8)
  (from Ch. 37, par. 439.8)


7    Sec. 8. Court of Claims jurisdiction; deliberation 
8periods. The court shall have exclusive
jurisdiction to hear 
9and 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, 
17    or (ii) to review administrative
decisions for which a 
18    statute provides that review shall be in the circuit or

19    appellate court.

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

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

imprisoned 
 
 
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1    received
 a pardon from
the Governor stating that such 
2    pardon is issued on the ground of
innocence of the crime 
3    for which he or she was
 imprisoned or he or she received a 
4    certificate of innocence from the Circuit Court as 
5    provided in Section 2-702 of the Code of Civil Procedure. 
6    The court shall award $50,000 per year during which the 
7    person was wrongfully imprisoned and shall prorate that 
8    amount for a fraction of a year that the person was 
9    wrongfully imprisoned. The court shall award attorney's 
10    fees in an amount not to exceed 25% of the award granted. 
11    In its determination of the award, the court shall include 
12    the number of years the person was imprisoned while 
13    awaiting trial. The ; provided, the amount of the award is 
14    at the discretion of the court; and provided, the
court 
15    shall make no award in excess of the following amounts: 
16    for
imprisonment of 5 years or less, not more than 
17    $85,350; for imprisonment
of 14 years or less but over 5 
18    years, not more than $170,000; for
imprisonment of over 14 
19    years, not more than $199,150; and provided
further, the 
20    court shall fix attorney's fees not to exceed 25% of the 
21    award
granted. On or after the effective date of this 
22    amendatory Act of the 95th General Assembly,
 the court 
23    shall
annually adjust the maximum awards authorized by 
24    this subsection (c) to reflect
the increase, if any, in 
25    the Consumer Price Index For All Urban Consumers for
the 
26    previous calendar year, as determined by the United States 
 
 
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1    Department of
Labor, except that no annual increment may 
2    exceed 5%.  For the annual adjustments, if the Consumer 
3    Price Index
decreases during a calendar year, there shall 
4    be no adjustment for that
calendar year. The transmission 
5    by the Prisoner Review Board or the clerk of the circuit 
6    court of the information described in Section 11(b) to the 
7    clerk of the Court of Claims is conclusive evidence of the 
8    validity of the claim. The changes made by Public Act 
9    95-970 this amendatory Act of the 95th General Assembly 
10    apply to all
claims pending on or filed on or after 
11    September 22, 2008 (the effective date of Public Act 
12    95-970). The changes made by this amendatory Act of the 
13    102nd General Assembly apply to all claims pending on or 
14    filed on or after the effective date.


15        (d) All claims against the State for damages in cases 
16    sounding in tort, if
a like cause of action would lie 
17    against a private person or corporation in a
civil suit, 
18    and all like claims sounding in tort against the Medical 
19    Center
Commission, the Board of Trustees of the University 
20    of Illinois, the Board of
Trustees of Southern Illinois 
21    University, the Board of Trustees of Chicago
State 
22    University, the Board of Trustees of Eastern Illinois 
23    University, the
Board of Trustees of Governors State 
24    University, the Board of Trustees of
Illinois State 
25    University, the Board of Trustees of Northeastern Illinois

26    University, the Board of Trustees of Northern Illinois 
 
 
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1    University, the Board
of Trustees of Western Illinois 
2    University, or the Board of Trustees of the
Illinois 
3    Mathematics and Science Academy; provided, that an award 
4    for damages
in a case sounding in tort, other than certain 
5    cases involving the operation
of a State vehicle described 
6    in this paragraph, shall not exceed the sum of $2,000,000
 
7    to or for the benefit of
any claimant.  The $2,000,000 
8    limit prescribed by this Section does not
apply to an 
9    award of damages in any case sounding in tort arising out 
10    of
the operation by a State employee of a vehicle owned, 
11    leased or
controlled by the State.  The defense that the 
12    State or the Medical
Center Commission or the Board of 
13    Trustees of the University of Illinois, the
Board of 
14    Trustees of Southern Illinois University, the Board of 
15    Trustees of
Chicago State University, the Board of 
16    Trustees of Eastern Illinois University,
the Board of 
17    Trustees of Governors State University, the Board of 
18    Trustees of
Illinois State University, the Board of 
19    Trustees of Northeastern Illinois
University, the Board of 
20    Trustees of Northern Illinois University, the Board of

21    Trustees of Western Illinois University, or the Board of 
22    Trustees of the
Illinois Mathematics and Science Academy 
23    is not liable for the negligence of
its officers, agents, 
24    and employees in the course of their employment is not

25    applicable to the hearing and determination of such 
26    claims. The changes to this Section made by this 
 
 
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1    amendatory Act of the 100th General Assembly apply only to 
2    claims filed on or after July 1, 2015.
3        The court shall
annually adjust the maximum awards 
4    authorized by this subsection to reflect
the increase, if 
5    any, in the Consumer Price Index For All Urban Consumers 
6    for
the previous calendar year, as determined by the 
7    United States Department of
Labor. The Comptroller shall 
8    make the new amount resulting from each annual adjustment 
9    available to the public via the Comptroller's official 
10    website by January 31 of every year. 

11        (e) All claims for recoupment made by the State of 
12    Illinois against
any claimant.

13        (f) All claims pursuant to the Line of Duty 
14    Compensation
Act. A claim under that Act must be heard and 
15    determined within one year after the application for that 
16    claim is filed with the Court as provided in that Act. 

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

19        (h) All claims pursuant to the Illinois National 
20    Guardsman's Compensation
Act. A claim under that Act must 
21    be heard and determined within one year after the 
22    application for that claim is filed with the Court as 
23    provided in that Act. 

24        (i) All claims authorized by subsection (a) of Section 
25    10-55 of the Illinois
Administrative Procedure Act for the 
26    expenses incurred by a party in a
contested case on the 
 
 
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1    administrative level.

2(Source: P.A. 100-1124, eff. 11-27-18.)



 
3    Section 99. Effective date. This Act takes effect upon 
4becoming law.