Full Text of SB2481 100th General Assembly
SB2481 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2481 Introduced 1/30/2018, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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705 ILCS 505/8 |
from Ch. 37, par. 439.8 |
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Provides that the amendatory Act may be referred to as the Commitment to Justice Act and includes legislative findings. Amends the Court of Claims Act. Removes the $100,000 limit on awards in tort cases. Provides that the changes apply to cases filed on or after July 1, 2015. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. References to Act; legislative findings and | 5 | | purpose. | 6 | | (a) This Act may be referred to as the Commitment to | 7 | | Justice Act. | 8 | | (b) The General Assembly finds and declares that: | 9 | | (1) Since July of 2015, there have been 3 outbreaks of | 10 | | Legionnaires' disease at the Illinois Veterans Home in | 11 | | Quincy. | 12 | | (2) Since July of 2015, 61 residents and staff have | 13 | | been afflicted with
this disease.
| 14 | | (3) Since July of 2015, 13 resident veterans have died | 15 | | as a result of contracting Legionnaires' disease at the | 16 | | Quincy Veterans Home.
| 17 | | (4) At least 11 veterans' families have brought suit at | 18 | | the Court of Claims seeking redress for the loss of their | 19 | | loved ones resulting from these Legionnaires' outbreaks.
| 20 | | (5) Illinois' veterans are heroes that risk their | 21 | | lives, some of whom pay the ultimate price, protecting | 22 | | their fellow Illinoisans'
constitutionally-enshrined | 23 | | access to justice, and are owed justice for their service.
| 24 | | (6) The Court of Claims Act has jurisdiction over cases |
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| 1 | | brought against the State, and has had in place for 46 | 2 | | years an arbitrary, inequitable, and unjust limit of | 3 | | $100,000 on tort claims. | 4 | | (7) This $100,000 limit currently ranks among the | 5 | | lowest of the 50 states, more than one-third of which have | 6 | | no limit.
| 7 | | (8) This limit has been imposed upon Illinois victims | 8 | | and their families at least 6 times since 2014, and would | 9 | | be applicable to the victims of the Legionnaires' outbreaks | 10 | | at the Quincy Veterans Home and their families. | 11 | | (9) Victims and families harmed by the negligence of | 12 | | the State of Illinois in veterans homes, correctional | 13 | | facilities, Illinois roadways, or other places in which the | 14 | | State conducts business deserve equal access to justice | 15 | | under the law.
| 16 | | (10) This limit must be removed from Illinois law to | 17 | | allow victims and their families adequate access to | 18 | | justice.
| 19 | | Section 5. The Court of Claims Act is amended by changing | 20 | | Section 8 as follows:
| 21 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| 22 | | Sec. 8. Court of Claims jurisdiction; deliberation | 23 | | periods. The court shall have exclusive
jurisdiction to hear | 24 | | and determine the following matters:
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| 1 | | (a) All claims against the State founded upon any law of | 2 | | the State of
Illinois or upon any regulation adopted thereunder | 3 | | by an executive or
administrative officer or agency; provided, | 4 | | however, the court shall not have
jurisdiction (i) to hear or | 5 | | determine claims arising under
the Workers' Compensation Act or | 6 | | the Workers' Occupational Diseases Act, or
claims for expenses | 7 | | in civil litigation, or (ii) to review administrative
decisions | 8 | | for which a statute provides that review shall be in the | 9 | | circuit or
appellate court.
| 10 | | (b) All claims against the State founded upon any contract | 11 | | entered
into with the State of Illinois.
| 12 | | (c) All claims against the State for time unjustly served | 13 | | in prisons
of this State when
the person
imprisoned received
a | 14 | | pardon from
the governor stating that such pardon is issued on | 15 | | the ground of
innocence of the crime for which he or she was
| 16 | | imprisoned or he or she received a certificate of innocence | 17 | | from the Circuit Court as provided in Section 2-702 of the Code | 18 | | of Civil Procedure; provided, the amount of the award is at the | 19 | | discretion of the court; and provided, the
court shall make no | 20 | | award in excess of the following amounts: for
imprisonment of 5 | 21 | | years or less, not more than $85,350; for imprisonment
of 14 | 22 | | years or less but over 5 years, not more than $170,000; for
| 23 | | imprisonment of over 14 years, not more than $199,150; and | 24 | | provided
further, the court shall fix attorney's fees not to | 25 | | exceed 25% of the award
granted. On or after the effective date | 26 | | of this amendatory Act of the 95th General Assembly,
the court |
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| 1 | | shall
annually adjust the maximum awards authorized by this | 2 | | subsection (c) to reflect
the increase, if any, in the Consumer | 3 | | Price Index For All Urban Consumers for
the previous calendar | 4 | | year, as determined by the United States Department of
Labor, | 5 | | except that no annual increment may exceed 5%. For the annual | 6 | | adjustments, if the Consumer Price Index
decreases during a | 7 | | calendar year, there shall be no adjustment for that
calendar | 8 | | year. The transmission by the Prisoner Review Board or the | 9 | | clerk of the circuit court of the information described in | 10 | | Section 11(b) to the clerk of the Court of Claims is conclusive | 11 | | evidence of the validity of the claim. The changes made by this | 12 | | amendatory Act of the 95th General Assembly apply to all
claims | 13 | | pending on or filed on or after the effective date.
| 14 | | (d) All claims against the State for damages in cases | 15 | | sounding in tort, if
a like cause of action would lie against a | 16 | | private person or corporation in a
civil suit, and all like | 17 | | claims sounding in tort against the Medical Center
Commission, | 18 | | the Board of Trustees of the University of Illinois, the Board | 19 | | of
Trustees of Southern Illinois University, the Board of | 20 | | Trustees of Chicago
State University, the Board of Trustees of | 21 | | Eastern Illinois University, the
Board of Trustees of Governors | 22 | | State University, the Board of Trustees of
Illinois State | 23 | | University, the Board of Trustees of Northeastern Illinois
| 24 | | University, the Board of Trustees of Northern Illinois | 25 | | University, the Board
of Trustees of Western Illinois | 26 | | University, or the Board of Trustees of the
Illinois |
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| 1 | | Mathematics and Science Academy ; provided, that an award for | 2 | | damages
in a case sounding in tort, other than certain cases | 3 | | involving the operation
of a State vehicle described in this | 4 | | paragraph, shall not exceed the sum of
$100,000 to or for the | 5 | | benefit of
any claimant. The $100,000 limit prescribed by this | 6 | | Section does not
apply to an award of damages in any case | 7 | | sounding in tort arising out of
the operation by a State | 8 | | employee of a vehicle owned, leased or
controlled by the State . | 9 | | The defense that the State or the Medical
Center Commission or | 10 | | the Board of Trustees of the University of Illinois, the
Board | 11 | | of Trustees of Southern Illinois University, the Board of | 12 | | Trustees of
Chicago State University, the Board of Trustees of | 13 | | Eastern Illinois University,
the Board of Trustees of Governors | 14 | | State University, the Board of Trustees of
Illinois State | 15 | | University, the Board of Trustees of Northeastern Illinois
| 16 | | University, the Board of Trustees of Northern Illinois | 17 | | University, the Board of
Trustees of Western Illinois | 18 | | University, or the Board of Trustees of the
Illinois | 19 | | Mathematics and Science Academy is not liable for the | 20 | | negligence of
its officers, agents, and employees in the course | 21 | | of their employment is not
applicable to the hearing and | 22 | | determination of such claims. The changes to this Section made | 23 | | by this amendatory Act of the 100th General Assembly apply to | 24 | | cases filed on or after July 1, 2015.
| 25 | | (e) All claims for recoupment made by the State of Illinois | 26 | | against
any claimant.
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| 1 | | (f) All claims pursuant to the Line of Duty Compensation
| 2 | | Act. A claim under that Act must be heard and determined within | 3 | | one year after the application for that claim is filed with the | 4 | | Court as provided in that Act.
| 5 | | (g) All claims filed pursuant to the Crime Victims | 6 | | Compensation Act.
| 7 | | (h) All claims pursuant to the Illinois National | 8 | | Guardsman's Compensation
Act. A claim under that Act must be | 9 | | heard and determined within one year after the application for | 10 | | that claim is filed with the Court as provided in that Act.
| 11 | | (i) All claims authorized by subsection (a) of Section | 12 | | 10-55 of the Illinois
Administrative Procedure Act for the | 13 | | expenses incurred by a party in a
contested case on the | 14 | | administrative level.
| 15 | | (Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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