Rep. Mary E. Flowers
Filed: 3/5/2021
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 86 




2    AMENDMENT NO. ______. Amend House Bill 86 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Court of Claims Act is amended  by changing 
5Section 8 as follows:
 



6    (705 ILCS 505/8)
  (from Ch. 37, par. 439.8)


7    Sec. 8. Court of Claims jurisdiction; deliberation 
8periods. The court shall have exclusive
jurisdiction to hear 
9and determine the following matters:

10        (a) All claims against the State founded upon any law 
11    of the State of
Illinois or upon any regulation adopted 
12    thereunder by an executive or
administrative officer or 
13    agency; provided, however, the court shall not have

14    jurisdiction (i) to hear or determine claims arising under

15    the Workers' Compensation Act or the Workers' Occupational 
16    Diseases Act, or
claims for expenses in civil litigation, 
 
 
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1    or (ii) to review administrative
decisions for which a 
2    statute provides that review shall be in the circuit or

3    appellate court.

4        (b) All claims against the State founded upon any 
5    contract entered
into with the State of Illinois.

6        (c) All claims against the State for time unjustly 
7    served in prisons
of this State when
 the person

imprisoned 
8    received
 a pardon from
the Governor stating that such 
9    pardon is issued on the ground of
innocence of the crime 
10    for which he or she was
 imprisoned or he or she received a 
11    certificate of innocence from the Circuit Court as 
12    provided in Section 2-702 of the Code of Civil Procedure. 
13    The court shall award $50,000 per year during which the 
14    person was wrongfully imprisoned and shall prorate that 
15    amount for a fraction of a year that the person was 
16    wrongfully imprisoned. The court shall award attorney's 
17    fees in an amount not to exceed 25% of the award granted. 
18    In its determination of the award, the court shall include 
19    the number of years the person was imprisoned while 
20    awaiting trial. The ; provided, the amount of the award is 
21    at the discretion of the court; and provided, the
court 
22    shall make no award in excess of the following amounts: 
23    for
imprisonment of 5 years or less, not more than 
24    $85,350; for imprisonment
of 14 years or less but over 5 
25    years, not more than $170,000; for
imprisonment of over 14 
26    years, not more than $199,150; and provided
further, the 
 
 
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1    court shall fix attorney's fees not to exceed 25% of the 
2    award
granted. On or after the effective date of this 
3    amendatory Act of the 95th General Assembly,
 the court 
4    shall
annually adjust the maximum awards authorized by 
5    this subsection (c) to reflect
the increase, if any, in 
6    the Consumer Price Index For All Urban Consumers for
the 
7    previous calendar year, as determined by the United States 
8    Department of
Labor, except that no annual increment may 
9    exceed 5%.  For the annual adjustments, if the Consumer 
10    Price Index
decreases during a calendar year, there shall 
11    be no adjustment for that
calendar year. The transmission 
12    by the Prisoner Review Board or the clerk of the circuit 
13    court of the information described in Section 11(b) to the 
14    clerk of the Court of Claims is conclusive evidence of the 
15    validity of the claim. The changes made by Public Act 
16    95-970 this amendatory Act of the 95th General Assembly 
17    apply to all
claims pending on or filed on or after 
18    September 22, 2008 (the effective date of Public Act 
19    95-970). The changes made by this amendatory Act of the 
20    102nd General Assembly apply to all claims pending on or 
21    filed on or after the effective date.


22        (d) All claims against the State for damages in cases 
23    sounding in tort, if
a like cause of action would lie 
24    against a private person or corporation in a
civil suit, 
25    and all like claims sounding in tort against the Medical 
26    Center
Commission, the Board of Trustees of the University 
 
 
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1    of 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; provided, that an award 
11    for damages
in a case sounding in tort, other than certain 
12    cases involving the operation
of a State vehicle described 
13    in this paragraph, shall not exceed the sum of $2,000,000
 
14    to or for the benefit of
any claimant.  The $2,000,000 
15    limit prescribed by this Section does not
apply to an 
16    award of damages in any case sounding in tort arising out 
17    of
the operation by a State employee of a vehicle owned, 
18    leased or
controlled by the State.  The defense that the 
19    State or the Medical
Center Commission or the Board of 
20    Trustees of the University of Illinois, the
Board of 
21    Trustees of Southern Illinois University, the Board of 
22    Trustees of
Chicago State University, the Board of 
23    Trustees of Eastern Illinois University,
the Board of 
24    Trustees of Governors State University, the Board of 
25    Trustees of
Illinois State University, the Board of 
26    Trustees of Northeastern Illinois
University, the Board of 
 
 
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1    Trustees of Northern Illinois University, the Board of

2    Trustees of Western Illinois University, or the Board of 
3    Trustees of the
Illinois Mathematics and Science Academy 
4    is not liable for the negligence of
its officers, agents, 
5    and employees in the course of their employment is not

6    applicable to the hearing and determination of such 
7    claims. The changes to this Section made by this 
8    amendatory Act of the 100th General Assembly apply only to 
9    claims filed on or after July 1, 2015.
10        The court shall
annually adjust the maximum awards 
11    authorized by this subsection to reflect
the increase, if 
12    any, in the Consumer Price Index For All Urban Consumers 
13    for
the previous calendar year, as determined by the 
14    United States Department of
Labor. The Comptroller shall 
15    make the new amount resulting from each annual adjustment 
16    available to the public via the Comptroller's official 
17    website by January 31 of every year. 

18        (e) All claims for recoupment made by the State of 
19    Illinois against
any claimant.

20        (f) All claims pursuant to the Line of Duty 
21    Compensation
Act. A claim under that Act must be heard and 
22    determined within one year after the application for that 
23    claim is filed with the Court as provided in that Act. 

24        (g) All claims filed pursuant to the Crime Victims 
25    Compensation Act.

26        (h) All claims pursuant to the Illinois National 
 
 
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1    Guardsman's Compensation
Act. A claim under that Act must 
2    be heard and determined within one year after the 
3    application for that claim is filed with the Court as 
4    provided in that Act. 

5        (i) All claims authorized by subsection (a) of Section 
6    10-55 of the Illinois
Administrative Procedure Act for the 
7    expenses incurred by a party in a
contested case on the 
8    administrative level.

9(Source: P.A. 100-1124, eff. 11-27-18.)".