Full Text of SB2481 100th General Assembly
SB2481sam002 100TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 4/18/2018
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| 1 | | AMENDMENT TO SENATE BILL 2481
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2481 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, 16, 18, 21, 22, and 24 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; provided, the amount of the award is at the | 12 | | discretion of the court; and provided, the
court shall make no | 13 | | award in excess of the following amounts: for
imprisonment of 5 | 14 | | years or less, not more than $85,350; for imprisonment
of 14 | 15 | | years or less but over 5 years, not more than $170,000; for
| 16 | | imprisonment of over 14 years, not more than $199,150; and | 17 | | provided
further, the court shall fix attorney's fees not to | 18 | | exceed 25% of the award
granted. On or after the effective date | 19 | | of this amendatory Act of the 95th General Assembly,
the court | 20 | | shall
annually adjust the maximum awards authorized by this | 21 | | subsection (c) to reflect
the increase, if any, in the Consumer | 22 | | Price Index For All Urban Consumers for
the previous calendar | 23 | | year, as determined by the United States Department of
Labor, | 24 | | except that no annual increment may exceed 5%. For the annual | 25 | | adjustments, if the Consumer Price Index
decreases during a | 26 | | calendar year, there shall be no adjustment for that
calendar |
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| 1 | | year. The transmission by the Prisoner Review Board or the | 2 | | clerk of the circuit court of the information described in | 3 | | Section 11(b) to the clerk of the Court of Claims is conclusive | 4 | | evidence of the validity of the claim. The changes made by this | 5 | | amendatory Act of the 95th General Assembly apply to all
claims | 6 | | pending on or filed on or after the effective date.
| 7 | | (d) All claims against the State for damages in cases | 8 | | sounding in tort, if
a like cause of action would lie against a | 9 | | private person or corporation in a
civil suit, and all like | 10 | | claims sounding in tort against the Medical Center
Commission, | 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; provided, that an award for | 21 | | damages
in a case sounding in tort, other than certain cases | 22 | | involving the operation
of a State vehicle described in this | 23 | | paragraph, shall not exceed the sum of $2,000,000
$100,000 to | 24 | | or for the benefit of
any claimant. The $2,000,000 $100,000 | 25 | | limit prescribed by this Section does not
apply to an award of | 26 | | damages in any case sounding in tort arising out of
the |
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| 1 | | operation by a State employee of a vehicle owned, leased or
| 2 | | controlled by the State. The defense that the State or the | 3 | | Medical
Center Commission or the Board of Trustees of the | 4 | | University of Illinois, the
Board of Trustees of Southern | 5 | | Illinois University, the Board of Trustees of
Chicago State | 6 | | University, the Board of Trustees of Eastern Illinois | 7 | | University,
the Board of Trustees of Governors State | 8 | | University, the Board of Trustees of
Illinois State University, | 9 | | the Board of Trustees of Northeastern Illinois
University, the | 10 | | Board of Trustees of Northern Illinois University, the Board of
| 11 | | Trustees of Western Illinois University, or the Board of | 12 | | Trustees of the
Illinois Mathematics and Science Academy is not | 13 | | liable for the negligence of
its officers, agents, and | 14 | | employees in the course of their employment is not
applicable | 15 | | to the hearing and determination of such claims. The changes to | 16 | | this Section made by this amendatory Act of the 100th General | 17 | | Assembly apply only to claims filed on or after July 1, 2015. | 18 | | The court shall
annually adjust the maximum awards | 19 | | authorized by this subsection to reflect
the increase, if any, | 20 | | in the Consumer Price Index For All Urban Consumers for
the | 21 | | previous calendar year, as determined by the United States | 22 | | Department of
Labor. The Comptroller shall make the new amount | 23 | | resulting from each annual adjustment available to the public | 24 | | via the Comptroller's official website by January 31 of every | 25 | | year.
| 26 | | (e) All claims for recoupment made by the State of Illinois |
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| 1 | | against
any claimant.
| 2 | | (f) All claims pursuant to the Line of Duty Compensation
| 3 | | Act. A claim under that Act must be heard and determined within | 4 | | one year after the application for that claim is filed with the | 5 | | Court as provided in that Act.
| 6 | | (g) All claims filed pursuant to the Crime Victims | 7 | | Compensation Act.
| 8 | | (h) All claims pursuant to the Illinois National | 9 | | Guardsman's Compensation
Act. A claim under that Act must be | 10 | | heard and determined within one year after the application for | 11 | | that claim is filed with the Court as provided in that Act.
| 12 | | (i) All claims authorized by subsection (a) of Section | 13 | | 10-55 of the Illinois
Administrative Procedure Act for the | 14 | | expenses incurred by a party in a
contested case on the | 15 | | administrative level.
| 16 | | (Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
| 17 | | (705 ILCS 505/16) (from Ch. 37, par. 439.16)
| 18 | | Sec. 16. Concurrence of judges. Concurrence of 4 judges is | 19 | | necessary to
the decision of any
case , except that the | 20 | | signature of one judge is binding if a decision is entered in a | 21 | | lapsed appropriation claim in which a motion or stipulation has | 22 | | been filed or a decision is entered on a Crime Victims | 23 | | Compensation Act claim. The ; provided, however, the court in | 24 | | its discretion may assign any case
to a commissioner for | 25 | | hearing and final decision, subject to whatever right
of review |
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| 1 | | the court by rule may choose to exercise. In matters involving | 2 | | the
award of emergency funds under the Crime Victims | 3 | | Compensation Act, the decision
of one judge is necessary to | 4 | | award emergency funds.
| 5 | | (Source: P.A. 92-286, eff. 1-1-02.)
| 6 | | (705 ILCS 505/18) (from Ch. 37, par. 439.18)
| 7 | | Sec. 18.
The court shall provide, by rule, for the | 8 | | maintenance of separate
records of claims which arise solely | 9 | | due to lapsed appropriations and for
claims for which amount of | 10 | | recovery sought is less than $50,000 $5,000 .
In all
other | 11 | | cases, the court or Commissioner as the case may be, shall file
| 12 | | with its clerk a written opinion in each
case upon final | 13 | | disposition thereof. All opinions shall be compiled and
| 14 | | published annually by the clerk of the court.
| 15 | | (Source: P.A. 90-492, eff. 8-17-97.)
| 16 | | (705 ILCS 505/21)
(from Ch. 37, par. 439.21)
| 17 | | Sec. 21. The court is authorized to impose, by uniform | 18 | | rules, a fee of $15
for the filing of a petition in any case in | 19 | | which the award sought is more
than $50 and less than $1,000 | 20 | | and $35 in any case in which the award sought
is $1,000 or | 21 | | more; and to charge and collect for copies of opinions or
other | 22 | | documents filed in the Court of Claims such fees as may be | 23 | | prescribed
by the rules of the Court. All fees and charges so | 24 | | collected shall be
forthwith paid into the State Treasury.
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| 1 | | A petitioner who is a prisoner in an Illinois Department of | 2 | | Corrections
facility who files a pleading, motion, or other | 3 | | filing that purports to be a
legal document against the State, | 4 | | the
Illinois Department of Corrections, the Prisoner Review | 5 | | Board, or any of their
officers or employees in which the
court | 6 | | makes a specific finding that it is frivolous shall pay all | 7 | | filing fees
and court costs
in the manner provided in Article | 8 | | XXII of the Code of Civil Procedure.
| 9 | | In claims based upon lapsed appropriations or lost warrant | 10 | | or in claims
filed
under the Line of Duty
Compensation Act,
the | 11 | | Illinois
National Guardsman's Compensation Act, or the Crime
| 12 | | Victims Compensation Act or in claims filed by medical vendors | 13 | | for medical
services rendered by the claimant to persons | 14 | | eligible for Medical Assistance
under programs administered by | 15 | | the Department of Healthcare and Family Services, no filing
fee | 16 | | shall be required.
| 17 | | The changes made to this Section by this amendatory Act of | 18 | | the 100th General Assembly apply only to claims filed on or | 19 | | after the effective date of this amendatory Act of the 100th | 20 | | General Assembly. | 21 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 22 | | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
| 23 | | Sec. 22. Every claim cognizable by the Court and not | 24 | | otherwise sooner
barred by law shall be forever barred from | 25 | | prosecution therein unless it
is filed with the Clerk of the |
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| 1 | | Court within the time set forth as follows:
| 2 | | (a) All claims arising out of a contract must be filed | 3 | | within 5
years after it first accrues, saving to minors, and | 4 | | persons under legal
disability at the time the claim accrues, | 5 | | in which cases the claim must be
filed within 5 years from the | 6 | | time the disability ceases.
| 7 | | (b) All claims cognizable against the State by vendors of | 8 | | goods or services
under "The Illinois Public Aid Code", | 9 | | approved April 11, 1967, as amended,
must file within one year | 10 | | after the accrual of the cause of action, as provided
in | 11 | | Section 11-13 of that Code.
| 12 | | (c) All claims arising under paragraph (c) of Section 8 of | 13 | | this Act
must
be automatically heard by the court
within 120
| 14 | | days
after the person
asserting such
claim is either issued a | 15 | | certificate of innocence from the Circuit Court as provided in | 16 | | Section 2-702 of the Code of Civil Procedure, or is granted a | 17 | | pardon by the Governor, whichever occurs later,
without the | 18 | | person asserting the claim being required to file a petition | 19 | | under Section 11 of this Act, except as otherwise provided by | 20 | | the Crime Victims Compensation Act.
Any claims filed by the | 21 | | claimant under paragraph (c) of Section 8 of this Act must be | 22 | | filed within 2 years after the person asserting such claim is | 23 | | either issued a certificate of innocence as provided in Section | 24 | | 2-702 of the Code of Civil Procedure, or is granted a pardon by | 25 | | the Governor, whichever occurs later.
| 26 | | (d) All claims arising under paragraph (f) of Section 8 of |
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| 1 | | this Act must
be filed within the time set forth in Section 3 | 2 | | of the Line of Duty Compensation Act.
| 3 | | (e) All claims arising under paragraph (h) of Section 8 of | 4 | | this Act must
be filed within one year of the date of the death | 5 | | of the guardsman or
militiaman as provided in Section 3 of the | 6 | | "Illinois National Guardsman's
and Naval Militiaman's | 7 | | Compensation Act", approved August 12, 1971, as amended.
| 8 | | (f) All claims arising under paragraph (g) of Section 8 of | 9 | | this Act must
be filed within one year of the crime on which a | 10 | | claim is based as
provided in Section 6.1 of the "Crime Victims | 11 | | Compensation Act", approved
August 23, 1973, as amended.
| 12 | | (g) All claims arising from the Comptroller's refusal to | 13 | | issue a
replacement warrant pursuant to Section 10.10 of the | 14 | | State Comptroller Act
must be filed within 5 years after the | 15 | | date of the Comptroller's refusal issue date of such warrant .
| 16 | | (h) All other claims must be filed within 2 years after it | 17 | | first accrues,
saving to minors, and persons under legal | 18 | | disability at the time the claim
accrues, in which case the | 19 | | claim must be filed within 2 years from the time
the disability | 20 | | ceases.
| 21 | | (i) The changes made by Public Act 86-458 this amendatory | 22 | | Act of 1989 shall apply to all
warrants issued within the 5 | 23 | | year period preceding August 31, 1989 ( the effective date of | 24 | | Public Act 86-458)
this amendatory Act of 1989 .
The changes | 25 | | made to this Section by this amendatory Act of the 100th | 26 | | General Assembly apply to claims pending on the effective date |
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| 1 | | of this amendatory Act of the 100th General Assembly and to | 2 | | claims filed thereafter.
| 3 | | (j) All time limitations established under this Act and the | 4 | | rules
promulgated under this Act shall be binding and | 5 | | jurisdictional, except upon
extension authorized by law or rule | 6 | | and granted pursuant to a motion timely filed.
| 7 | | (Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | 8 | | 96-328, eff. 8-11-09.)
| 9 | | (705 ILCS 505/24) (from Ch. 37, par. 439.24)
| 10 | | Sec. 24. Payment of awards.
| 11 | | (1) From funds appropriated by the General Assembly for the | 12 | | purposes
of this Section the Court may direct
immediate payment | 13 | | of:
| 14 | | (a) All claims arising solely as a result of the | 15 | | lapsing of an
appropriation out of which the obligation | 16 | | could have been paid.
| 17 | | (b) All claims pursuant to the Line of Duty
| 18 | | Compensation Act.
| 19 | | (c) All claims pursuant to the "Illinois National | 20 | | Guardsman's and
Naval Militiaman's Compensation Act", | 21 | | approved August 12, 1971, as
amended.
| 22 | | (d) All claims pursuant to the "Crime Victims | 23 | | Compensation Act",
approved August 23, 1973, as amended. | 24 | | (d-5) All claims against the State for unjust | 25 | | imprisonment as provided in subsection (c) of Section 8 of |
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| 1 | | this Act.
| 2 | | (e) All other claims wherein the amount of the award of | 3 | | the Court
is less than $50,000 $5,000 .
| 4 | | (2) The court may, from funds specifically appropriated | 5 | | from the General
Revenue Fund for this purpose, direct the | 6 | | payment of awards less than $50,000
solely as a result
of the | 7 | | lapsing of an appropriation originally made from any fund held | 8 | | by the
State Treasurer. For any such award paid from the | 9 | | General Revenue Fund, the
court
shall thereafter seek an | 10 | | appropriation from the fund from which the liability
originally | 11 | | accrued in reimbursement of the General Revenue Fund.
| 12 | | (3) In directing payment of a claim pursuant to the Line of | 13 | | Duty
Compensation Act, the Court must direct the Comptroller to | 14 | | add an interest penalty if payment of a claim is not made | 15 | | within 6 months after a claim is filed in accordance with | 16 | | Section 3 of the Line of Duty
Compensation Act and all | 17 | | information has been submitted as required under Section 4 of | 18 | | the Line of Duty
Compensation Act. If payment is not issued | 19 | | within the 6-month period, an interest penalty of 1% of the | 20 | | amount of the award shall be added for each month or fraction | 21 | | thereof after the end of the 6-month period, until final | 22 | | payment is made. This interest penalty shall be added | 23 | | regardless of whether the payment is not issued within the | 24 | | 6-month period because of the appropriation process, the | 25 | | consideration of the matter by the Court, or any other reason. | 26 | | (3.5) The interest penalty payment provided for in |
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| 1 | | subsection (3) shall be added to all claims for which benefits | 2 | | were not paid as of the effective date of P.A. 95-928. The | 3 | | interest penalty shall be calculated starting from the | 4 | | effective date of P.A. 95-928, provided that the effective date | 5 | | of P.A. 95-928 is at least 6 months after the date on which the | 6 | | claim was filed in accordance with Section 3 of the Line of | 7 | | Duty Compensation Act. In the event that the date 6 months | 8 | | after the date on which the claim was filed is later than the | 9 | | effective date of P.A. 95-928, the Court shall calculate the | 10 | | interest payment penalty starting from the date 6 months after | 11 | | the date on which the claim was filed in accordance with | 12 | | Section 3 of the Line of Duty Compensation Act. This subsection | 13 | | (3.5) of this amendatory Act of the 96th General Assembly is | 14 | | declarative of existing law. | 15 | | (3.6) In addition to the interest payments provided for in | 16 | | subsections (3) and (3.5), the Court shall direct the | 17 | | Comptroller to add a "catch-up" payment to the claims of | 18 | | eligible claimants. For the purposes of this subsection (3.6), | 19 | | an "eligible claimant" is a claimant whose claim is not paid in | 20 | | the year in which it was filed. For purposes of this subsection | 21 | | (3.6), "'catch-up' payment" is defined as the difference | 22 | | between the amount paid to claimants whose claims were filed in | 23 | | the year in which the eligible claimant's claim is paid and the | 24 | | amount paid to claimants whose claims were filed in the year in | 25 | | which the eligible claimant filed his or her claim. The | 26 | | "catch-up" payment is payable simultaneously with the claim |
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| 1 | | award. | 2 | | (4)
From funds appropriated by the General Assembly for the | 3 | | purposes of
paying claims under paragraph (c) of Section 8, the | 4 | | court must direct payment
of each claim and the payment must be | 5 | | received by the claimant within 60 days after the date that the | 6 | | funds are appropriated for that purpose.
| 7 | | (Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | 8 | | 96-328, eff. 8-11-09; 96-539, eff. 1-1-10.)
| 9 | | Section 97. Severability. The provisions of this Act are | 10 | | severable under Section 1.31 of the Statute on Statutes.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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