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90_HB2840
New Act
705 ILCS 505/8 from Ch. 37, par. 439.8
705 ILCS 505/22 from Ch. 37, par. 439.22
745 ILCS 5/1.1 new
745 ILCS 10/2-214 new
Creates the Local Government Computer Immunity Act and
amends the Court of Claims Act, the State Lawsuit Immunity
Act, and the Local Governmental and Governmental Employees
Tort Immunity Act. Provides that no cause of action,
including, without limitation, any civil action or action
for declaratory or injunctive relief, may be brought against
the State or any of its agencies, officers, or employees or
against a local public entity or public employee on the basis
that a computer or other information system produced,
calculated, or generated an incorrect date, regardless of the
cause of the error. Provides that the Court of Claims shall
not have jurisdiction in such an action. Provides that any
contract entered into by or on behalf of the State or a local
public entity must include a provision that provides immunity
for any breach of contract that is caused by an incorrect
date being produced, calculated, or generated by a computer
or other information system that is owned or operated by the
State or the local public entity, regardless of the cause of
the error. Provides that any contract subject to these
provisions that is entered into on or after the effective
date of this Act has the legal effect of including the
immunity required by these provisions, and any provision of
the contract which is in conflict with these provisions is
void.
LRB9008402WHdvA
LRB9008402WHdvA
1 AN ACT in relation to governmental immunity.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Local Government Computer Immunity Act.
6 Section 5. Computers; incorrect date. No cause of
7 action, including, without limitation, any civil action or
8 action for declaratory or injunctive relief, may be brought
9 against a local public entity or public employee on the basis
10 that a computer or other information system that is owned or
11 operated by a local public entity produced, calculated, or
12 generated an incorrect date, regardless of the cause of the
13 error.
14 Any contract entered into by or on behalf of a local
15 public entity must include a provision that provides immunity
16 to the local public entity and its public employees for any
17 breach of contract that is caused by an incorrect date being
18 produced, calculated, or generated by a computer or other
19 information system that is owned or operated by the local
20 public entity, regardless of the cause of the error. Any
21 contract subject to the provisions of this Section that is
22 entered into on or after the effective date of this Act has
23 the legal effect of including the immunity required by this
24 Section, and any provision of the contract which is in
25 conflict with this Section is void.
26 As used in this Section, "local public entity" and
27 "public employee" have the meanings ascribed to those terms
28 in the Local Governmental and Governmental Employees Tort
29 Immunity Act.
30 Section 905. The Court of Claims Act is amended by
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1 changing Sections 8 and 22 as follows:
2 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
3 Sec. 8. Court of Claims jurisdiction.
4 (1) Except as provided in subsection (2), the court
5 shall have exclusive jurisdiction to hear and determine the
6 following matters:
7 (a) All claims against the State founded upon any law of
8 the State of Illinois or upon any regulation adopted
9 thereunder by an executive or administrative officer or
10 agency; provided, however, the court shall not have
11 jurisdiction (i) to hear or determine claims arising under
12 the Workers' Compensation Act or the Workers' Occupational
13 Diseases Act, or claims for expenses in civil litigation, or
14 (ii) to review administrative decisions for which a statute
15 provides that review shall be in the circuit or appellate
16 court.
17 (b) All claims against the State founded upon any
18 contract entered into with the State of Illinois.
19 (c) All claims against the State for time unjustly
20 served in prisons of this State where the persons imprisoned
21 shall receive a pardon from the governor stating that such
22 pardon is issued on the ground of innocence of the crime for
23 which they were imprisoned; provided, the court shall make no
24 award in excess of the following amounts: for imprisonment of
25 5 years or less, not more than $15,000; for imprisonment of
26 14 years or less but over 5 years, not more than $30,000; for
27 imprisonment of over 14 years, not more than $35,000; and
28 provided further, the court shall fix attorney's fees not to
29 exceed 25% of the award granted. On December 31, 1996, the
30 court shall make a one-time adjustment in the maximum awards
31 authorized by this subdivision subsection (c), to reflect the
32 increase in the cost of living from the year in which these
33 maximum awards were last adjusted until 1996, but with no
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1 annual increment exceeding 5%. Thereafter, the court shall
2 annually adjust the maximum awards authorized by this
3 subdivision subsection (c) to reflect the increase, if any,
4 in the Consumer Price Index For All Urban Consumers for the
5 previous calendar year, as determined by the United States
6 Department of Labor, except that no annual increment may
7 exceed 5%. For both the one-time adjustment and the
8 subsequent annual adjustments, if the Consumer Price Index
9 decreases during a calendar year, there shall be no
10 adjustment for that calendar year. The changes made by
11 Public Act 89-689 apply to all claims filed on or after
12 January 1, 1995 that are pending on December 31, 1996 and all
13 claims filed on or after December 31, 1996.
14 (d) All claims against the State for damages in cases
15 sounding in tort, if a like cause of action would lie against
16 a private person or corporation in a civil suit, and all like
17 claims sounding in tort against the Medical Center
18 Commission, the Board of Trustees of the University of
19 Illinois, the Board of Trustees of Southern Illinois
20 University, the Board of Trustees of Chicago State
21 University, the Board of Trustees of Eastern Illinois
22 University, the Board of Trustees of Governors State
23 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
27 University, or the Board of Trustees of the Illinois
28 Mathematics and Science Academy; provided, that an award for
29 damages in a case sounding in tort, other than certain cases
30 involving the operation of a State vehicle described in this
31 paragraph, shall not exceed the sum of $100,000 to or for the
32 benefit of any claimant. The $100,000 limit prescribed by
33 this Section does not apply to an award of damages in any
34 case sounding in tort arising out of the operation by a State
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1 employee of a vehicle owned, leased or controlled by the
2 State. The defense that the State or the Medical Center
3 Commission or the Board of Trustees of the University of
4 Illinois, the Board of Trustees of Southern Illinois
5 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
9 University, the Board of Trustees of Northeastern Illinois
10 University, the Board of Trustees of Northern Illinois
11 University, the Board of Trustees of Western Illinois
12 University, or the Board of Trustees of the Illinois
13 Mathematics and Science Academy is not liable for the
14 negligence of its officers, agents, and employees in the
15 course of their employment is not applicable to the hearing
16 and determination of such claims.
17 (e) All claims for recoupment made by the State of
18 Illinois against any claimant.
19 (f) All claims pursuant to the Law Enforcement Officers,
20 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
21 Firemen, Chaplains, and State Employees Compensation Act.
22 (g) All claims filed pursuant to the Crime Victims
23 Compensation Act.
24 (h) All claims pursuant to the Illinois National
25 Guardsman's Compensation Act.
26 (i) All claims authorized by subsection (a) of Section
27 10-55 of the Illinois Administrative Procedure Act for the
28 expenses incurred by a party in a contested case on the
29 administrative level.
30 (2) The Court of Claims shall not have jurisdiction in
31 any action for which immunity is provided under Section 1.1
32 of the State Lawsuit Immunity Act.
33 (Source: P.A. 89-4, eff. 1-1-96; 89-689, eff. 12-31-96;
34 90-492, eff. 8-17-97.)
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1 (705 ILCS 505/22) (from Ch. 37, par. 439.22)
2 Sec. 22. Every claim cognizable by the Court and not
3 otherwise sooner barred by law shall be forever barred from
4 prosecution therein unless it is filed with the Clerk of the
5 Court within the time set forth as follows:
6 (a) All claims arising out of a contract must be filed
7 within 5 years after it first accrues, saving to minors, and
8 persons under legal disability at the time the claim accrues,
9 in which cases the claim must be filed within 5 years from
10 the time the disability ceases.
11 (b) All claims cognizable against the State by vendors
12 of goods or services under "The Illinois Public Aid Code",
13 approved April 11, 1967, as amended, must file within one
14 year after the accrual of the cause of action, as provided in
15 Section 11-13 of that Code.
16 (c) All claims arising under paragraph (c) of subsection
17 (1) of Section 8 of this Act must be filed within 2 years
18 after the person asserting such claim is discharged from
19 prison, or is granted a pardon by the Governor, whichever
20 occurs later, except as otherwise provided by the Crime
21 Victims Compensation Act.
22 (d) All claims arising under paragraph (f) of subsection
23 (1) of Section 8 of this Act must be filed within one year of
24 the date of the death of the law enforcement officer or
25 fireman as provided in Section 3 of the "Law Enforcement
26 Officers and Firemen Compensation Act", approved September
27 30, 1969, as amended.
28 (e) All claims arising under paragraph (h) of subsection
29 (1) of Section 8 of this Act must be filed within one year of
30 the date of the death of the guardsman or militiaman as
31 provided in Section 3 of the "Illinois National Guardsman's
32 and Naval Militiaman's Compensation Act", approved August 12,
33 1971, as amended.
34 (f) All claims arising under paragraph (g) of subsection
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1 (1) of Section 8 of this Act must be filed within one year of
2 the crime on which a claim is based as provided in Section
3 6.1 of the "Crime Victims Compensation Act", approved August
4 23, 1973, as amended.
5 (g) All claims arising from the Comptroller's refusal to
6 issue a replacement warrant pursuant to Section 10.10 of the
7 State Comptroller Act must be filed within 5 years after the
8 issue date of such warrant.
9 (h) All other claims must be filed within 2 years after
10 it first accrues, saving to minors, and persons under legal
11 disability at the time the claim accrues, in which case the
12 claim must be filed within 2 years from the time the
13 disability ceases.
14 (i) The changes made by this amendatory Act of 1989
15 shall apply to all warrants issued within the 5 year period
16 preceding the effective date of this amendatory Act of 1989.
17 (j) All time limitations established under this Act and
18 the rules promulgated under this Act shall be binding and
19 jurisdictional, except upon extension authorized by law or
20 rule and granted pursuant to a motion timely filed.
21 (Source: P.A. 86-458.)
22 Section 910. The State Lawsuit Immunity Act is amended
23 by adding Section 1.1 as follows:
24 (745 ILCS 5/1.1 new)
25 Sec. 1.1. Computers; incorrect date. No cause of action,
26 including, without limitation, any civil action or action for
27 declaratory or injunctive relief, may be brought against the
28 State or any of its agencies, officers, or employees on the
29 basis that a computer or other information system that is
30 owned or operated by the State or any of its agencies,
31 officers, or employees produced, calculated, or generated an
32 incorrect date, regardless of the cause of the error.
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1 Any contract entered into by or on behalf of the State or
2 any of its agencies, officers, or employees must include a
3 provision that provides immunity to the State and its
4 agencies, officers, and employees for any breach of contract
5 that is caused by an incorrect date being produced,
6 calculated, or generated by a computer or other information
7 system that is owned or operated by the State or any of its
8 agencies, officers, or employees, regardless of the cause of
9 the error. Any contract subject to the provisions of this
10 Section that is entered into on or after the effective date
11 of this amendatory Act of 1998 has the legal effect of
12 including the immunity required by this Section, and any
13 provision of the contract which is in conflict with this
14 Section is void.
15 Section 915. The Local Governmental and Governmental
16 Employees Tort Immunity Act is amended by adding Section
17 2-214 as follows:
18 (745 ILCS 10/2-214 new)
19 Sec. 2-214. Local Government Computer Immunity Act. The
20 Local Government Computer Immunity Act shall control in all
21 matters to which that Act applies.