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Public Act 100-1124 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Court of Claims Act is amended by changing | ||||
Sections 8, 18, 22, and 24 as follows:
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(705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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Sec. 8. Court of Claims jurisdiction; deliberation | ||||
periods. The court shall have exclusive
jurisdiction to hear | ||||
and determine the following matters:
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(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.
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(b) All claims against the State founded upon any contract | ||||
entered
into with the State of Illinois.
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(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
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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
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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.
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(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
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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
$100,000 to | ||
or for the benefit of
any claimant. The $2,000,000 $100,000 | ||
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
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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
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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.
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(e) All claims for recoupment made by the State of Illinois | ||
against
any claimant.
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(f) All claims pursuant to the Line of Duty Compensation
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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.
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(g) All claims filed pursuant to the Crime Victims | ||
Compensation Act.
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(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.
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(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.
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(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
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(705 ILCS 505/18) (from Ch. 37, par. 439.18)
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Sec. 18.
The court shall provide, by rule, for the | ||
maintenance of separate
records of claims which arise solely | ||
due to lapsed appropriations and for
claims for which amount of | ||
recovery sought is less than $50,000 $5,000 .
In all
other | ||
cases, the court or Commissioner as the case may be, shall file
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with its clerk a written opinion in each
case upon final | ||
disposition thereof. All opinions shall be compiled and
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published annually by the clerk of the court.
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(Source: P.A. 90-492, eff. 8-17-97.)
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(705 ILCS 505/22) (from Ch. 37, par. 439.22)
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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:
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(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.
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(b) All claims cognizable against the State by vendors of | ||
goods or services
under "The Illinois Public Aid Code", | ||
approved April 11, 1967, as amended,
must file within one year | ||
after the accrual of the cause of action, as provided
in | ||
Section 11-13 of that Code.
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(c) All claims arising under paragraph (c) of Section 8 of | ||
this Act
must
be automatically heard by the court
within 120
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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.
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(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.
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(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
and Naval Militiaman's | ||
Compensation Act", approved August 12, 1971, as amended.
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(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", approved
August 23, 1973, as amended.
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(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 issue date of such warrant .
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(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.
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(i) The changes made by Public Act 86-458 this amendatory | ||
Act of 1989 shall apply to all
warrants issued within the 5 | ||
year period preceding August 31, 1989 ( the effective date of | ||
Public Act 86-458)
this amendatory Act of 1989 .
The changes | ||
made to this Section by this amendatory Act of the 100th | ||
General Assembly apply to claims pending on the effective date | ||
of this amendatory Act of the 100th General Assembly and to |
claims filed thereafter.
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(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.
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(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | ||
96-328, eff. 8-11-09.)
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(705 ILCS 505/24) (from Ch. 37, par. 439.24)
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Sec. 24. Payment of awards.
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(1) From funds appropriated by the General Assembly for the | ||
purposes
of this Section the Court may direct
immediate payment | ||
of:
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(a) All claims arising solely as a result of the | ||
lapsing of an
appropriation out of which the obligation | ||
could have been paid.
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(b) All claims pursuant to the Line of Duty
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Compensation Act.
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(c) All claims pursuant to the "Illinois National | ||
Guardsman's and
Naval Militiaman's Compensation Act", | ||
approved August 12, 1971, as
amended.
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(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.
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(e) All other claims wherein the amount of the award of | ||
the Court
is less than $50,000 $5,000 .
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(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.
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(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.
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(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | ||
96-328, eff. 8-11-09; 96-539, eff. 1-1-10.)
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Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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