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90_HB3293
New Act
705 ILCS 505/8 from Ch. 37, par. 439.8
705 ILCS 505/22 from Ch. 37, par. 439.22
745 ILCS 10/2-214 new
Creates the Computer Error Immunity Act and amends the
Court of Claims Act and the Local Governmental and
Governmental Employees Tort Immunity Act. Grants immunity
to State agencies, officers, and employees and to local
public entities and public employees from any cause of action
resulting from a date error generated by a government
computer. Requires express grants of immunity in contracts
entered into after the Act's effective date and voids
conflicting provisions in those contracts. Denies the Court
of Claims jurisdiction over causes of action for which
immunity is granted under the Computer Error Immunity Act.
Effective immediately.
LRB9011384JMmg
LRB9011384JMmg
1 AN ACT concerning immunity from computer error.
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 Computer Error Immunity Act.
6 Section 5. Definitions. As used in this Act, unless the
7 context requires otherwise:
8 "State agency" means each officer, office, board,
9 commission, agency, department, authority, institution,
10 university, body politic and corporate, administrative unit,
11 and corporate outgrowth of the executive, legislative, and
12 judicial branches of State government, whether created by the
13 Illinois Constitution, by or in accordance with statute, or
14 by executive order of the Governor.
15 "Local public entity" and "public employee" have the
16 meanings ascribed to those terms in the Local Governmental
17 and Governmental Employees Tort Immunity Act.
18 Section 10. Immunity.
19 (a) No cause of action, including but not limited to,
20 any civil action or action for declaratory relief, may be
21 brought against an officer or employee of the State or a
22 State agency on the basis that a computer or other
23 information system that is owned or operated by the State
24 produced, calculated, or generated an erroneous date,
25 regardless of the cause of the error.
26 (b) No cause of action, including, but not limited to,
27 any civil action or action for declaratory relief, may be
28 brought against a local public entity or public employee on
29 the basis that a computer or other information system that is
30 owned or operated by a local public entity produced,
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1 calculated, or generated an erroneous date, regardless of the
2 cause of the error.
3 Section 15. Express contractual provision.
4 (a) Any contract entered into by an officer or employee
5 of the State or a State agency on behalf of and in the
6 capacity of the State shall include a provision that provides
7 immunity to those persons or entities for any breach of
8 contract that is caused by an erroneous date being produced,
9 calculated, or generated by a computer or other information
10 system that is owned or operated by the State, regardless of
11 the cause of the error.
12 (b) Any contract entered into by or on behalf of a local
13 public entity shall include a provision that provides
14 immunity to the local public entity and its public employees
15 for any breach of contract that is caused by an erroneous
16 date being produced, calculated, or generated by a computer
17 or other information system that is owned or operated by the
18 local public entity, regardless of the cause of the error.
19 Section 20. Conflicting contractual provision void. Any
20 contract subject to the provisions of this Act that is
21 entered into on or after the effective date of this Act has
22 the legal effect of including the immunity granted by this
23 Act, and any provision of the contract that is in conflict
24 with this Act is void.
25 Section 900. The Court of Claims Act is amended by
26 changing Sections 8 and 22 as follows:
27 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
28 Sec. 8. Court of Claims jurisdiction.
29 (1) Except as provided in subsection (2), the court
30 shall have exclusive jurisdiction to hear and determine the
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1 following matters:
2 (a) All claims against the State founded upon any law of
3 the State of Illinois or upon any regulation adopted
4 thereunder by an executive or administrative officer or
5 agency; provided, however, the court shall not have
6 jurisdiction (i) to hear or determine claims arising under
7 the Workers' Compensation Act or the Workers' Occupational
8 Diseases Act, or claims for expenses in civil litigation, or
9 (ii) to review administrative decisions for which a statute
10 provides that review shall be in the circuit or appellate
11 court.
12 (b) All claims against the State founded upon any
13 contract entered into with the State of Illinois.
14 (c) All claims against the State for time unjustly
15 served in prisons of this State where the persons imprisoned
16 shall receive a pardon from the governor stating that such
17 pardon is issued on the ground of innocence of the crime for
18 which they were imprisoned; provided, the court shall make no
19 award in excess of the following amounts: for imprisonment of
20 5 years or less, not more than $15,000; for imprisonment of
21 14 years or less but over 5 years, not more than $30,000; for
22 imprisonment of over 14 years, not more than $35,000; and
23 provided further, the court shall fix attorney's fees not to
24 exceed 25% of the award granted. On December 31, 1996, the
25 court shall make a one-time adjustment in the maximum awards
26 authorized by this subdivision subsection (c), to reflect the
27 increase in the cost of living from the year in which these
28 maximum awards were last adjusted until 1996, but with no
29 annual increment exceeding 5%. Thereafter, the court shall
30 annually adjust the maximum awards authorized by this
31 subdivision subsection (c) to reflect the increase, if any,
32 in the Consumer Price Index For All Urban Consumers for the
33 previous calendar year, as determined by the United States
34 Department of Labor, except that no annual increment may
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1 exceed 5%. For both the one-time adjustment and the
2 subsequent annual adjustments, if the Consumer Price Index
3 decreases during a calendar year, there shall be no
4 adjustment for that calendar year. The changes made by
5 Public Act 89-689 apply to all claims filed on or after
6 January 1, 1995 that are pending on December 31, 1996 and all
7 claims filed on or after December 31, 1996.
8 (d) All claims against the State for damages in cases
9 sounding in tort, if a like cause of action would lie against
10 a private person or corporation in a civil suit, and all like
11 claims sounding in tort against the Medical Center
12 Commission, the Board of Trustees of the University of
13 Illinois, the Board of Trustees of Southern Illinois
14 University, the Board of Trustees of Chicago State
15 University, the Board of Trustees of Eastern Illinois
16 University, the Board of Trustees of Governors State
17 University, the Board of Trustees of Illinois State
18 University, the Board of Trustees of Northeastern Illinois
19 University, the Board of Trustees of Northern Illinois
20 University, the Board of Trustees of Western Illinois
21 University, or the Board of Trustees of the Illinois
22 Mathematics and Science Academy; provided, that an award for
23 damages in a case sounding in tort, other than certain cases
24 involving the operation of a State vehicle described in this
25 paragraph, shall not exceed the sum of $100,000 to or for the
26 benefit of any claimant. The $100,000 limit prescribed by
27 this Section does not apply to an award of damages in any
28 case sounding in tort arising out of the operation by a State
29 employee of a vehicle owned, leased or controlled by the
30 State. The defense that the State or the Medical Center
31 Commission or the Board of Trustees of the University of
32 Illinois, the Board of Trustees of Southern Illinois
33 University, the Board of Trustees of Chicago State
34 University, the Board of Trustees of Eastern Illinois
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1 University, the Board of Trustees of Governors State
2 University, the Board of Trustees of Illinois State
3 University, the Board of Trustees of Northeastern Illinois
4 University, the Board of Trustees of Northern Illinois
5 University, the Board of Trustees of Western Illinois
6 University, or the Board of Trustees of the Illinois
7 Mathematics and Science Academy is not liable for the
8 negligence of its officers, agents, and employees in the
9 course of their employment is not applicable to the hearing
10 and determination of such claims.
11 (e) All claims for recoupment made by the State of
12 Illinois against any claimant.
13 (f) All claims pursuant to the Law Enforcement Officers,
14 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
15 Firemen, Chaplains, and State Employees Compensation Act.
16 (g) All claims filed pursuant to the Crime Victims
17 Compensation Act.
18 (h) All claims pursuant to the Illinois National
19 Guardsman's Compensation Act.
20 (i) All claims authorized by subsection (a) of Section
21 10-55 of the Illinois Administrative Procedure Act for the
22 expenses incurred by a party in a contested case on the
23 administrative level.
24 (2) The Court of Claims shall not have jurisdiction in
25 any action for which immunity is provided under the Computer
26 Error Immunity Act.
27 (Source: P.A. 89-4, eff. 1-1-96; 89-689, eff. 12-31-96;
28 90-492, eff. 8-17-97.)
29 (705 ILCS 505/22) (from Ch. 37, par. 439.22)
30 Sec. 22. Every claim cognizable by the Court and not
31 otherwise sooner barred by law shall be forever barred from
32 prosecution therein unless it is filed with the Clerk of the
33 Court within the time set forth as follows:
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1 (a) All claims arising out of a contract must be filed
2 within 5 years after it first accrues, saving to minors, and
3 persons under legal disability at the time the claim accrues,
4 in which cases the claim must be filed within 5 years from
5 the time the disability ceases.
6 (b) All claims cognizable against the State by vendors
7 of goods or services under "The Illinois Public Aid Code",
8 approved April 11, 1967, as amended, must file within one
9 year after the accrual of the cause of action, as provided in
10 Section 11-13 of that Code.
11 (c) All claims arising under paragraph (c) of subsection
12 (1) of Section 8 of this Act must be filed within 2 years
13 after the person asserting such claim is discharged from
14 prison, or is granted a pardon by the Governor, whichever
15 occurs later, except as otherwise provided by the Crime
16 Victims Compensation Act.
17 (d) All claims arising under paragraph (f) of subsection
18 (1) of Section 8 of this Act must be filed within one year of
19 the date of the death of the law enforcement officer or
20 fireman as provided in Section 3 of the "Law Enforcement
21 Officers and Firemen Compensation Act", approved September
22 30, 1969, as amended.
23 (e) All claims arising under paragraph (h) of subsection
24 (1) of Section 8 of this Act must be filed within one year of
25 the date of the death of the guardsman or militiaman as
26 provided in Section 3 of the "Illinois National Guardsman's
27 and Naval Militiaman's Compensation Act", approved August 12,
28 1971, as amended.
29 (f) All claims arising under paragraph (g) of subsection
30 (1) of Section 8 of this Act must be filed within one year of
31 the crime on which a claim is based as provided in Section
32 6.1 of the "Crime Victims Compensation Act", approved August
33 23, 1973, as amended.
34 (g) All claims arising from the Comptroller's refusal to
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1 issue a replacement warrant pursuant to Section 10.10 of the
2 State Comptroller Act must be filed within 5 years after the
3 issue date of such warrant.
4 (h) All other claims must be filed within 2 years after
5 it first accrues, saving to minors, and persons under legal
6 disability at the time the claim accrues, in which case the
7 claim must be filed within 2 years from the time the
8 disability ceases.
9 (i) The changes made by this amendatory Act of 1989
10 shall apply to all warrants issued within the 5 year period
11 preceding the effective date of this amendatory Act of 1989.
12 (j) All time limitations established under this Act and
13 the rules promulgated under this Act shall be binding and
14 jurisdictional, except upon extension authorized by law or
15 rule and granted pursuant to a motion timely filed.
16 (Source: P.A. 86-458.)
17 Section 915. The Local Governmental and Governmental
18 Employees Tort Immunity Act is amended by adding Section
19 2-214 as follows:
20 (745 ILCS 10/2-214 new)
21 Sec. 2-214. Computer Error Immunity Act. The Computer
22 Error Immunity Act shall control in all matters to which that
23 Act applies.
24 Section 999. Effective date. This Act takes effect upon
25 becoming law.