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90_SB0942ham001
LRB9002925LDdvam02
1 AMENDMENT TO SENATE BILL 942
2 AMENDMENT NO. . Amend Senate Bill 942 by replacing
3 the title with the following:
4 "AN ACT in relation to functions of State government,
5 amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Court of Claims Act is amended by
9 changing Sections 6, 8, 18, 21, 22-1, 24, and 26-1 as
10 follows:
11 (705 ILCS 505/6) (from Ch. 37, par. 439.6)
12 Sec. 6. The court shall hold a regular session at the
13 Capital of the State beginning on the second Tuesday of
14 January, May and November, and such special sessions at such
15 places as it deems necessary to expedite the business of the
16 court.
17 (Source: Laws 1945, p. 660.)
18 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
19 Sec. 8. Court of Claims jurisdiction. The court shall
20 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, other than claims
7 arising under the Workers' Compensation Act or the Workers'
8 Occupational Diseases Act, or claims for expenses in civil
9 litigation, or (ii) to review administrative decisions for
10 which a statute provides that review shall be in the circuit
11 or appellate 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, the
25 effective date of this amendatory Act of 1996, the court
26 shall make a one-time adjustment in the maximum awards
27 authorized by this subsection (c), to reflect the increase in
28 the cost of living from the year in which these maximum
29 awards were last adjusted until 1996, but with no annual
30 increment exceeding 5%. Thereafter, the court shall annually
31 adjust the maximum awards authorized by this subsection (c)
32 to reflect the increase, if any, in the Consumer Price Index
33 For All Urban Consumers for the previous calendar year, as
34 determined by the United States Department of Labor, except
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1 that no annual increment may exceed 5%. For both the
2 one-time adjustment and the subsequent annual adjustments, if
3 the Consumer Price Index decreases during a calendar year,
4 there shall be no adjustment for that calendar year. The
5 changes made by Public Act 89-689 this amendatory Act of 1996
6 apply to all claims filed on or after January 1, 1995 and
7 that are pending on December 31, the effective date of this
8 amendatory Act of 1996 and all claims filed on or after
9 December 31, the effective date of this amendatory Act of
10 1996.
11 (d) All claims against the State for damages in cases
12 sounding in tort, if a like cause of action would lie against
13 a private person or corporation in a civil suit, and all like
14 claims sounding in tort against the Medical Center
15 Commission, the Board of Trustees of the University of
16 Illinois, the Board of Trustees of Southern Illinois
17 University, the Board of Trustees of Chicago State
18 University, the Board of Trustees of Eastern Illinois
19 University, the Board of Trustees of Governors State
20 University, the Board of Trustees of Illinois State
21 University, the Board of Trustees of Northeastern Illinois
22 University, the Board of Trustees of Northern Illinois
23 University, the Board of Trustees of Western Illinois
24 University, or the Board of Trustees of the Illinois
25 Mathematics and Science Academy; provided, that an award for
26 damages in a case sounding in tort, other than certain cases
27 involving the operation of a State vehicle described in this
28 paragraph, shall not exceed the sum of $100,000 to or for the
29 benefit of any claimant. The $100,000 limit prescribed by
30 this Section does not apply to an award of damages in any
31 case sounding in tort arising out of the operation by a State
32 employee of a vehicle owned, leased or controlled by the
33 State. The defense that the State or the Medical Center
34 Commission or the Board of Trustees of the University of
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1 Illinois, the Board of Trustees of Southern Illinois
2 University, the Board of Trustees of Chicago State
3 University, the Board of Trustees of Eastern Illinois
4 University, the Board of Trustees of Governors State
5 University, the Board of Trustees of Illinois State
6 University, the Board of Trustees of Northeastern Illinois
7 University, the Board of Trustees of Northern Illinois
8 University, the Board of Trustees of Western Illinois
9 University, or the Board of Trustees of the Illinois
10 Mathematics and Science Academy is not liable for the
11 negligence of its officers, agents, and employees in the
12 course of their employment is not applicable to the hearing
13 and determination of such claims.
14 (e) All claims for recoupment made by the State of
15 Illinois against any claimant.
16 (f) All claims pursuant to the Law Enforcement Officers,
17 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
18 Firemen, Chaplains, and State Employees Compensation Act.
19 (g) All claims filed pursuant to the Crime Victims
20 Compensation Act.
21 (h) All claims pursuant to the Illinois National
22 Guardsman's Compensation Act.
23 (i) All claims authorized by subsection (a) of Section
24 10-55 of the Illinois Administrative Procedure Act for the
25 expenses incurred by a party in a contested case on the
26 administrative level.
27 (Source: P.A. 88-45; 89-4, eff. 1-1-96; 89-689, eff.
28 12-31-96; revised 4-24-97.)
29 (705 ILCS 505/18) (from Ch. 37, par. 439.18)
30 Sec. 18. The court shall provide, by rule, for the
31 maintenance of separate records of claims which arise solely
32 due to lapsed appropriations and for claims for which amount
33 of recovery sought is less than $5,000 $2,500. In all other
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1 cases, the court or Commissioner as the case may be, shall
2 file with its clerk a written opinion in each case upon final
3 disposition thereof. All opinions shall be compiled and
4 published annually by the clerk of the court.
5 (Source: P.A. 83-865.)
6 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
7 Sec. 21. The court is authorized to impose, by uniform
8 rules, a fee of $15 for the filing of a petition in any case
9 in which the award sought is more than $50 and less than
10 $1,000 and $35 in any case in which the award sought is
11 $1,000 or more; and to charge and collect for copies of
12 opinions or other documents filed in the Court of Claims such
13 fees as may be prescribed by the rules of the Court. All fees
14 and charges so collected shall be forthwith paid into the
15 State Treasury. In claims based upon lapsed appropriations or
16 lost warrant or in claims filed under the Law Enforcement
17 Officers, Civil Defense Workers, Civil Air Patrol Members,
18 Paramedics, Firemen, Chaplains, and State Employees
19 Compensation Act, the Illinois National Guardsman's
20 Compensation Act, or the Crime Victims Compensation Act or in
21 claims filed by medical vendors for medical services rendered
22 by the claimant to persons eligible for Medical Assistance
23 under programs administered by the Illinois Department of
24 Public Aid, no filing fee shall be required.
25 (Source: P.A. 83-865.)
26 (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
27 Sec. 22-1. Within 1 year from the date that such an
28 injury was received or such a cause of action accrued, any
29 person who is about to commence any action in the Court of
30 Claims against the State of Illinois, the Medical Center
31 Commission, the Board of Trustees of the University of
32 Illinois, the Board of Trustees of Southern Illinois
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1 University, the Board of Trustees of Chicago State
2 University, the Board of Trustees of Eastern Illinois
3 University, the Board of Trustees of Governors State
4 University, the Board of Trustees of Illinois State
5 University, the Board of Trustees of Northeastern Illinois
6 University, the Board of Trustees of Northern Illinois
7 University, the Board of Trustees of Western Illinois
8 University, or the Board of Trustees of the Illinois
9 Mathematics and Science Academy, for damages on account of
10 any injury to his person shall file in the office of the
11 Attorney General and also in the office of the Clerk of the
12 Court of Claims, either by himself, his agent, or attorney,
13 giving the name of the person to whom the cause of action has
14 accrued, the name and residence of the person injured, the
15 date and about the hour of the accident, the place or
16 location where the accident occurred, a brief description of
17 how the accident occurred, and the name and address of the
18 attending physician, if any, except as otherwise provided by
19 the Crime Victims Compensation Act.
20 In actions for death by wrongful act, neglect or default,
21 the executor of the estate, or in the event there is no will,
22 the administrator or other personal representative of the
23 decedent, shall file within 1 year of the date of death or
24 the date that the executor or administrator is qualified,
25 whichever occurs later, in the office of the Attorney General
26 and also in the office of the Clerk of the Court of Claims,
27 giving the name of the person to whom the cause of action has
28 accrued, the name and last residence of the decedent, the
29 date of the accident causing death, the date of the
30 decedent's demise, the place or location where the accident
31 causing the death occurred, the date and about the hour of
32 the accident, a brief description of how the accident
33 occurred, and the names and addresses of the attending
34 physician and treating hospital if any, except as otherwise
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1 provided by the Crime Victims Compensation Act.
2 A claimant is not required to file the notice required by
3 this Section if he or she files his or her claim within one
4 year of its accrual.
5 (Source: P.A. 89-4, eff. 1-1-96.)
6 (705 ILCS 505/24) (from Ch. 37, par. 439.24)
7 Sec. 24. From funds appropriated by the General
8 Assembly for the purposes of this Section the Court may
9 direct immediate payment of:
10 (a) All claims arising solely as a result of the lapsing
11 of an appropriation out of which the obligation could have
12 been paid.
13 (b) All claims pursuant to the "Law Enforcement Officers
14 and Firemen Compensation Act", approved September 30, 1969,
15 as amended.
16 (c) All claims pursuant to the "Illinois National
17 Guardsman's and Naval Militiaman's Compensation Act",
18 approved August 12, 1971, as amended.
19 (d) All claims pursuant to the "Crime Victims
20 Compensation Act", approved August 23, 1973, as amended.
21 (e) All other claims wherein the amount of the award of
22 the Court is less than $5,000 $2,500.
23 (Source: P.A. 83-865.)
24 (705 ILCS 505/26-1) (from Ch. 37, par. 439.24-6.1)
25 Sec. 26-1. Except as otherwise provided herein, the
26 maximum contingent fee to be charged by an attorney
27 practicing before the Court shall not exceed 20 percent of
28 the amount awarded, which is in excess of the undisputed
29 amount of the claim, unless further fees shall be allowed by
30 the Court at a hearing fixing such fees. In cases involving
31 lapsed appropriations or lost warrants where there is no
32 dispute as to the liability of the respondent, the fee, if
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1 any, for services rendered is to be fixed by the Court at a
2 nominal amount.
3 Nothing herein applies to awards made under the Law
4 Enforcement Officers, Civil Defense Workers, Civil Air Patrol
5 Members, Paramedics and Firemen Compensation Act or the
6 Illinois National Guardsman's and Naval Militiaman's
7 Compensation Act or the "Illinois Uniform Conviction
8 Information Act", enacted by the 85th General Assembly, as
9 heretofore or hereafter amended.
10 (Source: P.A. 85-922.)
11 (705 ILCS 505/20 rep.)
12 Section 10. The Court of Claims Act is amended by
13 repealing Section 20.
14 Section 15. The Crime Victims Compensation Act is
15 amended by changing Section 2 as follows:
16 (740 ILCS 45/2) (from Ch. 70, par. 72)
17 Sec. 2. Definitions. As used in this Act, unless the
18 context otherwise requires:
19 (a) "Applicant" means any person who applies for
20 compensation under this Act or any person the Court of Claims
21 finds is entitled to compensation, including the guardian of
22 a minor or of a person under legal disability. It includes
23 any person who was a dependent of a deceased victim of a
24 crime of violence for his support at the time of the death of
25 that victim.
26 (b) "Court of Claims" means the Court of Claims created
27 by the Court of Claims Act.
28 (c) "Crime of violence" means and includes any offense
29 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
30 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
31 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
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1 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961, and
2 driving under the influence of intoxicating liquor or
3 narcotic drugs as defined in Section 11-501 of the Illinois
4 Vehicle Code, and if none of the said offenses occurred
5 during a civil riot, insurrection or rebellion. "Crime of
6 violence" does not include any other offense or accident
7 involving a motor vehicle except those vehicle offenses
8 specifically provided for in this paragraph. "Crime of
9 violence" does include all of the offenses specifically
10 provided for in this paragraph that occur within this State
11 but are subject to federal jurisdiction and crimes involving
12 terrorism as defined in 18 U.S.C. 2331.
13 (d) "Victim" means (1) a person killed or injured in
14 this State as a result of a crime of violence perpetrated or
15 attempted against him, (2) the parent of a child killed or
16 injured in this State as a result of a crime of violence
17 perpetrated or attempted against the child, (3) a person
18 killed or injured in this State while attempting to assist a
19 person against whom a crime of violence is being perpetrated
20 or attempted, if that attempt of assistance would be expected
21 of a reasonable man under the circumstances, (4) a person
22 killed or injured in this State while assisting a law
23 enforcement official apprehend a person who has perpetrated a
24 crime of violence or prevent the perpetration of any such
25 crime if that assistance was in response to the express
26 request of the law enforcement official, (5) a child who
27 personally witnessed a violent crime perpetrated or attempted
28 against a relative, or (6) an Illinois resident who is a
29 victim of a "crime of violence" as defined in this Act
30 except, if the crime occurred outside this State, the
31 resident has the same rights under this Act as if the crime
32 had occurred in this State upon a showing that the state,
33 territory, country, or political subdivision of a country in
34 which the crime occurred does not have a compensation of
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1 victims of crimes law for which that Illinois resident is
2 eligible.
3 (e) "Dependent" means a relative of a deceased victim
4 who was wholly or partially dependent upon the victim's
5 income at the time of his death and shall include the child
6 of a victim born after his death.
7 (f) "Relative" means a spouse, parent, grandparent,
8 stepfather, stepmother, child, grandchild, brother,
9 brother-in-law, sister, sister-in-law, half brother, half
10 sister, spouse's parent, nephew, niece, uncle or aunt.
11 (g) "Child" means an unmarried son or daughter who is
12 under 18 years of age and includes a stepchild, an adopted
13 child or an illegitimate child.
14 (h) "Pecuniary loss" means, in the case of injury,
15 appropriate medical expenses and hospital expenses including
16 expenses of a medical examination, medically required nursing
17 care expenses, appropriate psychiatric care or psychiatric
18 counseling expenses, expenses for care or counseling by a
19 licensed clinical psychologist or licensed clinical social
20 worker and expenses for treatment by Christian Science
21 practitioners and nursing care appropriate thereto;
22 prosthetic appliances, eyeglasses, and hearing aids necessary
23 or damaged as a result of the crime; replacement services
24 loss, to a maximum of $1000 per month; dependents replacement
25 services loss, to a maximum of $1000 per month; loss of
26 tuition paid to attend grammar school or high school when the
27 victim had been enrolled as a full-time student prior to the
28 injury, or college or graduate school when the victim had
29 been enrolled as a full-time day or night student prior to
30 the injury when the victim becomes unable to continue
31 attendance at school as a result of the crime of violence
32 perpetrated against him; loss of earnings, loss of future
33 earnings because of disability resulting from the injury,
34 and, in addition, in the case of death, funeral and burial
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1 expenses to a maximum of $3000 and loss of support of the
2 dependents of the victim. Loss of future earnings shall be
3 reduced by any income from substitute work actually performed
4 by the victim or by income he would have earned in available
5 appropriate substitute work he was capable of performing but
6 unreasonably failed to undertake. Loss of earnings, loss of
7 future earnings and loss of support shall be determined on
8 the basis of the victim's average net monthly earnings for
9 the 6 months immediately preceding the date of the injury or
10 on $1000 per month, whichever is less. If a divorced or
11 legally separated applicant is claiming loss of support for a
12 minor child of the deceased, the amount of support for each
13 child shall be based either on the amount of support the
14 minor child received pursuant to the judgment for the 6
15 months prior to the date of the deceased victim's injury or
16 death, or, if the subject of pending litigation filed by or
17 on behalf of the divorced or legally separated applicant
18 prior to the injury or death, on the result of that
19 litigation. Pecuniary loss does not include pain and
20 suffering or property loss or damage.
21 (i) "Replacement services loss" means expenses
22 reasonably incurred in obtaining ordinary and necessary
23 services in lieu of those the permanently injured person
24 would have performed, not for income, but for the benefit of
25 himself or his family, if he had not been permanently
26 injured.
27 (j) "Dependents replacement services loss" means loss
28 reasonably incurred by dependents after a victim's death in
29 obtaining ordinary and necessary services in lieu of those
30 the victim would have performed, not for income, but for
31 their benefit, if he had not been fatally injured.
32 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
33 89-462, eff. 5-29-96.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".