(705 ILCS 505/8)
(from Ch. 37, par. 439.8)
Sec. 8. Court of Claims jurisdiction; deliberation periods. The court shall have exclusive
jurisdiction to hear and determine the following matters:
(a) All claims against the State founded upon any law |
| of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency; provided, however, the court shall not have jurisdiction (i) to hear or determine claims arising under the Workers' Compensation Act or the Workers' Occupational Diseases Act, or claims for expenses in civil litigation, or (ii) to review administrative decisions for which a statute provides that review shall be in the circuit or appellate court.
|
|
(b) All claims against the State founded upon any
|
| contract entered into with the State of Illinois.
|
|
(c) All claims against the State for time unjustly
|
| served in prisons of this State when the person imprisoned received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure; provided, the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150; and provided further, the court shall fix attorney's fees not to exceed 25% of the award granted. On or after the effective date of this amendatory Act of the 95th General Assembly, the court shall annually adjust the maximum awards authorized by this subsection (c) to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. For the annual adjustments, if the Consumer Price Index decreases during a calendar year, there shall be no adjustment for that calendar year. The transmission by the Prisoner Review Board or the clerk of the circuit court of the information described in Section 11(b) to the clerk of the Court of Claims is conclusive evidence of the validity of the claim. The changes made by this amendatory Act of the 95th General Assembly apply to all claims pending on or filed on or after the effective date.
|
|
(d) All claims against the State for damages in cases
|
| sounding in tort, if a like cause of action would lie against a private person or corporation in a civil suit, and all like claims sounding in tort against the Medical Center Commission, the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy; provided, that an award for damages in a case sounding in tort, other than certain cases involving the operation of a State vehicle described in this paragraph, shall not exceed the sum of $2,000,000 to or for the benefit of any claimant. The $2,000,000 limit prescribed by this Section does not apply to an award of damages in any case sounding in tort arising out of the operation by a State employee of a vehicle owned, leased or controlled by the State. The defense that the State or the Medical Center Commission or the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy is not liable for the negligence of its officers, agents, and employees in the course of their employment is not applicable to the hearing and determination of such claims. The changes to this Section made by this amendatory Act of the 100th General Assembly apply only to claims filed on or after July 1, 2015.
|
|
The court shall annually adjust the maximum awards
|
| authorized by this subsection to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor. The Comptroller shall make the new amount resulting from each annual adjustment available to the public via the Comptroller's official website by January 31 of every year.
|
|
(e) All claims for recoupment made by the State of
|
| Illinois against any claimant.
|
|
(f) All claims pursuant to the Line of Duty
|
| Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.
|
|
(g) All claims filed pursuant to the Crime Victims
|
|
(h) All claims pursuant to the Illinois National
|
| Guardsman's Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.
|
|
(i) All claims authorized by subsection (a) of
|
| Section 10-55 of the Illinois Administrative Procedure Act for the expenses incurred by a party in a contested case on the administrative level.
|
|
(Source: P.A. 100-1124, eff. 11-27-18.)
|
(705 ILCS 505/9.5)
Sec. 9.5. Gold Star and Fallen Heroes Families Assistance Program. (a) Within the Court of Claims, there is established a Gold Star and Fallen Heroes Families Assistance Program, which is charged with the responsibility of assessing the needs of and providing information to Illinois Gold Star and Fallen Heroes Families with regard to claims filed pursuant to the Line of Duty Compensation Act. (b) As used in this Section, "Gold Star and Fallen Heroes Family" means the family members of an
individual who was killed in the line of duty and who was employed or serving in a capacity defined in Section 2 of the Illinois Line of Duty Compensation Act. (c) Toll-free helpline. The Gold Star and Fallen Heroes Families Assistance Program shall include a toll-free helpline dedicated to families seeking information about the Line of Duty Compensation Act, including, but not limited to, the status of claims filed pursuant to that Act. The helpline phone number and information about the Gold Star and Fallen Heroes Families Assistance Program shall be provided to each person filing a claim under the Line of Duty Compensation Act. (d) On or before January 1 of each year, the Court of Claims shall report to the Governor, both houses of the General Assembly, and the Illinois Department of Veterans' Affairs the following information: (1) the number of claims filed with the Court of |
| Claims pursuant to the Line of Duty Compensation Act;
|
|
(2) the number of Line of Duty Compensation Act
|
| claims approved for payment by the Court of Claims during the preceding calendar year;
|
|
(3) the number and status of Line of Duty
|
| Compensation Act claims pending in the Court of Claims; and
|
|
(4) other information as may be requested by the
|
|
(Source: P.A. 96-539, eff. 1-1-10; 96-541, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
(705 ILCS 505/11) (from Ch. 37, par. 439.11)
Sec. 11. Filing claims.
(a) Except as otherwise provided in subsection (b) of this Section and
subsection (4)
of Section 24,
the claimant shall in all cases set forth fully in his petition
the claim, the action thereon, if any, on behalf of the State, what persons
are owners thereof or interested therein, when and upon what consideration
such persons became so interested; that no assignment or transfer of the
claim or any part thereof or interest therein has been made, except as
stated in the petition; that the claimant is justly entitled to the amount
therein claimed from the State of Illinois, after allowing all just
credits; and that claimant believes the facts stated in the petition to be
true. The petition shall be verified, as to statements of facts, by the
affidavit of the claimant, his agent, or attorney.
(b) Whenever a person has served a term of imprisonment and has received a pardon by the Governor stating that such pardon was issued on the ground of innocence of the crime for which he or she was imprisoned, the Prisoner Review Board shall transmit this information to the clerk of the Court of Claims, together with the claimant's current address. Whenever a person has served a term of imprisonment and has received a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure, the clerk of the issuing Circuit Court shall transmit this information to the clerk of the Court of Claims, together with the claimant's current address. The clerk of the Court of Claims shall immediately docket the case for consideration by the Court of Claims, and shall provide notice to the claimant of such docketing together with all hearing dates and applicable deadlines. The Court of Claims shall hear the case and render a decision within 90 days after its docketing.
(Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
|
(705 ILCS 505/22) (from Ch. 37, par. 439.22)
Sec. 22. Every claim cognizable by the court and not otherwise sooner
barred by law shall be forever barred from prosecution therein unless it
is filed with the clerk of the court within the time set forth as follows:
(a) All claims arising out of a contract must be |
| filed within 5 years after it first accrues, saving to minors, and persons under legal disability at the time the claim accrues, in which cases the claim must be filed within 5 years from the time the disability ceases.
|
|
(b) All claims cognizable against the State by
|
| vendors of goods or services under the Illinois Public Aid Code must be filed within one year after the accrual of the cause of action, as provided in Section 11-13 of that Code.
|
|
(c) All claims arising under paragraph (c) of Section
|
| 8 of this Act must be automatically heard by the court within 120 days after the person asserting such claim is either issued a certificate of innocence from the circuit court as provided in Section 2-702 of the Code of Civil Procedure, or is granted a pardon by the Governor, whichever occurs later, without the person asserting the claim being required to file a petition under Section 11 of this Act, except as otherwise provided by the Crime Victims Compensation Act. Any claims filed by the claimant under paragraph (c) of Section 8 of this Act must be filed within 2 years after the person asserting such claim is either issued a certificate of innocence as provided in Section 2-702 of the Code of Civil Procedure, or is granted a pardon by the Governor, whichever occurs later.
|
|
(d) All claims arising under paragraph (f) of Section
|
| 8 of this Act must be filed within the time set forth in Section 3 of the Line of Duty Compensation Act.
|
|
(e) All claims arising under paragraph (h) of Section
|
| 8 of this Act must be filed within one year of the date of the death of the guardsman or militiaman as provided in Section 3 of the Illinois National Guardsman's Compensation Act.
|
|
(f) All claims arising under paragraph (g) of Section
|
| 8 of this Act must be filed within one year of the crime on which a claim is based as provided in Section 6.1 of the Crime Victims Compensation Act.
|
|
(g) All claims arising from the Comptroller's refusal
|
| to issue a replacement warrant pursuant to Section 10.10 of the State Comptroller Act must be filed within 5 years after the date of the Comptroller's refusal.
|
|
(h) All other claims must be filed within 2 years
|
| after it first accrues, saving to minors, and persons under legal disability at the time the claim accrues, in which case the claim must be filed within 2 years from the time the disability ceases.
|
|
(i) The changes made by Public Act 86-458 apply to
|
| all warrants issued within the 5-year period preceding August 31, 1989 (the effective date of Public Act 86-458). The changes made to this Section by Public Act 100-1124 apply to claims pending on November 27, 2018 (the effective date of Public Act 100-1124) and to claims filed thereafter.
|
|
(j) All time limitations established under this Act
|
| and the rules promulgated under this Act shall be binding and jurisdictional, except upon extension authorized by law or rule and granted pursuant to a motion timely filed.
|
|
(Source: P.A. 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
Sec. 22-1.
Within 1 year from the date that such an injury was received or
such a cause of action accrued, any person who is about to commence any
action in the Court of Claims against the State of Illinois, the Medical
Center Commission, the Board of Trustees of the University of Illinois,
the Board of Trustees of Southern Illinois University,
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western Illinois University, or
the Board of Trustees of the Illinois
Mathematics and Science Academy, for damages on account of any injury to
his person shall file in the office of the Attorney General and also in
the office of the Clerk of the Court of Claims, either by himself, his
agent, or attorney, giving the name of the person to whom the cause of
action has accrued, the name and residence of the person injured, the
date and about the hour of the accident, the place or location where the
accident occurred, a brief description of how the accident occurred, and
the name and address of the attending physician, if any, except as
otherwise provided by the Crime Victims Compensation Act.
In actions for death by wrongful act, neglect or default, the
executor of the estate, or in the event there is no will, the
administrator or other personal representative of the decedent, shall
file within 1 year of the date of death or the date that the
executor or administrator is qualified, whichever occurs later, in the
office of the Attorney General and also in the office of the Clerk of
the Court of Claims, giving the name of the person to whom the cause of
action has accrued, the name and last residence of the decedent, the
date of the accident causing death, the date of the decedent's demise,
the place or location where the accident causing the death occurred, the
date and about the hour of the accident, a brief description of how the
accident occurred, and the names and addresses of the attending
physician and treating hospital if any, except as otherwise provided by
the Crime Victims Compensation Act.
A claimant is not required to file the notice required by this Section if
he
or she files his or her claim within one year of its accrual.
(Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
|
(705 ILCS 505/24) (from Ch. 37, par. 439.24)
Sec. 24. Payment of awards.
(1) From funds appropriated by the General Assembly for the purposes
of this Section the Court may direct
immediate payment of:
(a) All claims arising solely as a result of the |
| lapsing of an appropriation out of which the obligation could have been paid.
|
|
(b) All claims pursuant to the Line of Duty
|
|
(c) All claims pursuant to the "Illinois National
|
| Guardsman's and Naval Militiaman's Compensation Act", approved August 12, 1971, as amended.
|
|
(d) All claims pursuant to the "Crime Victims
|
| Compensation Act", approved August 23, 1973, as amended.
|
|
(d-5) All claims against the State for unjust
|
| imprisonment as provided in subsection (c) of Section 8 of this Act.
|
|
(e) All other claims wherein the amount of the award
|
| of the Court is less than $50,000.
|
|
(2) The court may, from funds specifically appropriated from the General
Revenue Fund for this purpose, direct the payment of awards less than $50,000
solely as a result
of the lapsing of an appropriation originally made from any fund held by the
State Treasurer. For any such award paid from the General Revenue Fund, the
court
shall thereafter seek an appropriation from the fund from which the liability
originally accrued in reimbursement of the General Revenue Fund.
(3) In directing payment of a claim pursuant to the Line of Duty
Compensation Act, the Court must direct the Comptroller to add an interest penalty if payment of a claim is not made within 6 months after a claim is filed in accordance with Section 3 of the Line of Duty
Compensation Act and all information has been submitted as required under Section 4 of the Line of Duty
Compensation Act. If payment is not issued within the 6-month period, an interest penalty of 1% of the amount of the award shall be added for each month or fraction thereof after the end of the 6-month period, until final payment is made. This interest penalty shall be added regardless of whether the payment is not issued within the 6-month period because of the appropriation process, the consideration of the matter by the Court, or any other reason.
(3.5) The interest penalty payment provided for in subsection (3) shall be added to all claims for which benefits were not paid as of the effective date of P.A. 95-928. The interest penalty shall be calculated starting from the effective date of P.A. 95-928, provided that the effective date of P.A. 95-928 is at least 6 months after the date on which the claim was filed in accordance with Section 3 of the Line of Duty Compensation Act. In the event that the date 6 months after the date on which the claim was filed is later than the effective date of P.A. 95-928, the Court shall calculate the interest payment penalty starting from the date 6 months after the date on which the claim was filed in accordance with Section 3 of the Line of Duty Compensation Act. This subsection (3.5) of this amendatory Act of the 96th General Assembly is declarative of existing law.
(3.6) In addition to the interest payments provided for in subsections (3) and (3.5), the Court shall direct the Comptroller to add a "catch-up" payment to the claims of eligible claimants. For the purposes of this subsection (3.6), an "eligible claimant" is a claimant whose claim is not paid in the year in which it was filed. For purposes of this subsection (3.6), "'catch-up' payment" is defined as the difference between the amount paid to claimants whose claims were filed in the year in which the eligible claimant's claim is paid and the amount paid to claimants whose claims were filed in the year in which the eligible claimant filed his or her claim. The "catch-up" payment is payable simultaneously with the claim award.
(4)
From funds appropriated by the General Assembly for the purposes of
paying claims under paragraph (c) of Section 8, the court must direct payment
of each claim and the payment must be received by the claimant within 60 days after the date that the funds are appropriated for that purpose.
(Source: P.A. 100-1124, eff. 11-27-18.)
|