Full Text of SB0184 99th General Assembly
SB0184sam001 99TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 4/14/2015
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| 1 | | AMENDMENT TO SENATE BILL 184
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 184 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Court of Claims Act is amended by changing | 5 | | Section 8 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 of | 11 | | the State of
Illinois or upon any regulation adopted thereunder | 12 | | by an executive or
administrative officer or agency; provided, | 13 | | however, the court shall not have
jurisdiction (i) to hear or | 14 | | determine claims arising under
the Workers' Compensation Act or | 15 | | the Workers' Occupational Diseases Act, or
claims for expenses | 16 | | in civil litigation, or (ii) to review administrative
decisions |
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| 1 | | for which a statute provides that review shall be in the | 2 | | circuit or
appellate court.
| 3 | | (b) All claims against the State founded upon any contract | 4 | | entered
into with the State of Illinois.
| 5 | | (c) All claims against the State for time unjustly served | 6 | | in prisons
of this State when
the person
imprisoned received
a | 7 | | pardon from
the governor stating that such pardon is issued on | 8 | | the ground of
innocence of the crime for which he or she was
| 9 | | imprisoned or he or she received a certificate of innocence | 10 | | from the Circuit Court as provided in Section 2-702 of the Code | 11 | | of Civil Procedure . The court shall make an award of $50,000 | 12 | | per year the person was wrongfully imprisoned and shall prorate | 13 | | that amount for a fraction of a year that the person was | 14 | | wrongfully imprisoned. ; provided, the amount of the award is | 15 | | at the discretion of the court; and provided, the
court shall | 16 | | make no award in excess of the following amounts: for
| 17 | | imprisonment of 5 years or less, not more than $85,350; for | 18 | | imprisonment
of 14 years or less but over 5 years, not more | 19 | | than $170,000; for
imprisonment of over 14 years, not more than | 20 | | $199,150; and provided
further, the The court shall fix | 21 | | attorney's fees not to exceed 25% of the award
granted. The | 22 | | court shall include the number of years the person was | 23 | | imprisoned awaiting trial in its determination of the award. | 24 | | The court shall include an additional $25,000 for each year | 25 | | served on parole, probation, or registered as a sex offender | 26 | | after imprisonment. On or after the effective date of this |
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| 1 | | amendatory Act of the 99th 95th General Assembly,
the court | 2 | | shall
annually adjust the maximum awards authorized by this | 3 | | subsection (c) to reflect
the increase, if any, in the Consumer | 4 | | Price Index For All Urban Consumers for
the previous calendar | 5 | | year, as determined by the United States Department of
Labor, | 6 | | except that no annual increment may exceed 5%. For the annual | 7 | | adjustments, if the Consumer Price Index
decreases during a | 8 | | calendar year, there shall be no adjustment for that
calendar | 9 | | year. The transmission by the Prisoner Review Board or the | 10 | | clerk of the circuit court of the information described in | 11 | | Section 11(b) to the clerk of the Court of Claims is conclusive | 12 | | evidence of the validity of the claim. The changes made by this | 13 | | amendatory Act of the 99th 95th General Assembly apply to all
| 14 | | claims pending on or 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 against a | 17 | | private person or corporation in a
civil suit, and all like | 18 | | claims sounding in tort against the Medical Center
Commission, | 19 | | the Board of Trustees of the University of Illinois, the Board | 20 | | of
Trustees of Southern Illinois University, the Board of | 21 | | Trustees of Chicago
State University, the Board of Trustees of | 22 | | Eastern Illinois University, the
Board of Trustees of Governors | 23 | | State University, the Board of Trustees of
Illinois State | 24 | | University, the Board of Trustees of Northeastern Illinois
| 25 | | University, the Board of Trustees of Northern Illinois | 26 | | University, the Board
of Trustees of Western Illinois |
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| 1 | | University, or the Board of Trustees of the
Illinois | 2 | | Mathematics and Science Academy; provided, that an award for | 3 | | damages
in a case sounding in tort, other than certain cases | 4 | | involving the operation
of a State vehicle described in this | 5 | | paragraph, shall not exceed the sum of
$100,000 to or for the | 6 | | benefit of
any claimant. The $100,000 limit prescribed by this | 7 | | Section does not
apply to an award of damages in any case | 8 | | sounding in tort arising out of
the operation by a State | 9 | | employee of a vehicle owned, leased or
controlled by the State. | 10 | | The defense that the State or the Medical
Center Commission or | 11 | | the Board of Trustees of the University of Illinois, the
Board | 12 | | of Trustees of Southern Illinois University, the Board of | 13 | | Trustees of
Chicago State University, the Board of Trustees of | 14 | | Eastern Illinois University,
the Board of Trustees of Governors | 15 | | State University, the Board of Trustees of
Illinois State | 16 | | University, the Board of Trustees of Northeastern Illinois
| 17 | | University, the Board of Trustees of Northern Illinois | 18 | | University, the Board of
Trustees of Western Illinois | 19 | | University, or the Board of Trustees of the
Illinois | 20 | | Mathematics and Science Academy is not liable for the | 21 | | negligence of
its officers, agents, and employees in the course | 22 | | of their employment is not
applicable to the hearing and | 23 | | determination of such claims.
| 24 | | (e) All claims for recoupment made by the State of Illinois | 25 | | against
any claimant.
| 26 | | (f) All claims pursuant to the Line of Duty Compensation
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| 1 | | Act. A claim under that Act must be heard and determined within | 2 | | one year after the application for that claim is filed with the | 3 | | Court as provided in that Act.
| 4 | | (g) All claims filed pursuant to the Crime Victims | 5 | | Compensation Act.
| 6 | | (h) All claims pursuant to the Illinois National | 7 | | Guardsman's Compensation
Act. A claim under that Act must be | 8 | | heard and determined within one year after the application for | 9 | | that claim is filed with the Court as provided in that Act.
| 10 | | (i) All claims authorized by subsection (a) of Section | 11 | | 10-55 of the Illinois
Administrative Procedure Act for the | 12 | | expenses incurred by a party in a
contested case on the | 13 | | administrative level.
| 14 | | (Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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