Judiciary I - Civil Law Committee
Filed: 3/12/2008
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1 | AMENDMENT TO HOUSE BILL 5599
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2 | AMENDMENT NO. ______. Amend House Bill 5599 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Court of Claims Act is amended by changing | ||||||
5 | Section 8 as follows:
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6 | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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7 | Sec. 8. Court of Claims jurisdiction ; deliberations | ||||||
8 | periods . The court shall have exclusive
jurisdiction to hear | ||||||
9 | and determine the following matters:
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10 | (a) All claims against the State founded upon any law of | ||||||
11 | the State of
Illinois or upon any regulation adopted thereunder | ||||||
12 | by an executive or
administrative officer or agency; provided, | ||||||
13 | however, the court shall not have
jurisdiction (i) to hear or | ||||||
14 | determine claims arising under
the Workers' Compensation Act or | ||||||
15 | the Workers' Occupational Diseases Act, or
claims for expenses | ||||||
16 | in civil litigation, or (ii) to review administrative
decisions |
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1 | for which a statute provides that review shall be in the | ||||||
2 | circuit or
appellate court.
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3 | (b) All claims against the State founded upon any contract | ||||||
4 | entered
into with the State of Illinois.
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5 | (c) All claims against the State for time unjustly served | ||||||
6 | in prisons
of this State where the persons imprisoned shall | ||||||
7 | receive a pardon from
the governor stating that such pardon is | ||||||
8 | issued on the ground of
innocence of the crime for which they | ||||||
9 | were imprisoned; provided, the
court shall make no award in | ||||||
10 | excess of the following amounts: for
imprisonment of 5 years or | ||||||
11 | less, not more than $15,000; for imprisonment
of 14 years or | ||||||
12 | less but over 5 years, not more than $30,000; for
imprisonment | ||||||
13 | of over 14 years, not more than $35,000; and provided
further, | ||||||
14 | the court shall fix attorney's fees not to exceed 25% of the | ||||||
15 | award
granted. On December 31, 1996, the court shall make a | ||||||
16 | one-time adjustment in the maximum awards
authorized by this | ||||||
17 | subsection (c), to reflect the increase in the cost of
living | ||||||
18 | from the year in which these maximum awards were last adjusted | ||||||
19 | until
1996, but with no annual increment exceeding 5%. | ||||||
20 | Thereafter, the court shall
annually adjust the maximum awards | ||||||
21 | authorized by this subsection (c) to reflect
the increase, if | ||||||
22 | any, in the Consumer Price Index For All Urban Consumers for
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23 | the previous calendar year, as determined by the United States | ||||||
24 | Department of
Labor, except that no annual increment may exceed | ||||||
25 | 5%. For both the one-time
adjustment and the subsequent annual | ||||||
26 | adjustments, if the Consumer Price Index
decreases during a |
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1 | calendar year, there shall be no adjustment for that
calendar | ||||||
2 | year. The changes made by Public Act 89-689 apply to all claims | ||||||
3 | filed on or after January 1, 1995 that
are pending on December | ||||||
4 | 31, 1996 and all claims filed on or after December 31, 1996.
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5 | (d) All claims against the State for damages in cases | ||||||
6 | sounding in tort, if
a like cause of action would lie against a | ||||||
7 | private person or corporation in a
civil suit, and all like | ||||||
8 | claims sounding in tort against the Medical Center
Commission, | ||||||
9 | the Board of Trustees of the University of Illinois, the Board | ||||||
10 | of
Trustees of Southern Illinois University, the Board of | ||||||
11 | Trustees of Chicago
State University, the Board of Trustees of | ||||||
12 | Eastern Illinois University, the
Board of Trustees of Governors | ||||||
13 | State University, the Board of Trustees of
Illinois State | ||||||
14 | University, the Board of Trustees of Northeastern Illinois
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15 | University, the Board of Trustees of Northern Illinois | ||||||
16 | University, the Board
of Trustees of Western Illinois | ||||||
17 | University, or the Board of Trustees of the
Illinois | ||||||
18 | Mathematics and Science Academy; provided, that an award for | ||||||
19 | damages
in a case sounding in tort, other than certain cases | ||||||
20 | involving the operation
of a State vehicle described in this | ||||||
21 | paragraph, shall not exceed the sum of
$100,000 to or for the | ||||||
22 | benefit of
any claimant. The $100,000 limit prescribed by this | ||||||
23 | Section does not
apply to an award of damages in any case | ||||||
24 | sounding in tort arising out of
the operation by a State | ||||||
25 | employee of a vehicle owned, leased or
controlled by the State. | ||||||
26 | The defense that the State or the Medical
Center Commission or |
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1 | the Board of Trustees of the University of Illinois, the
Board | ||||||
2 | of Trustees of Southern Illinois University, the Board of | ||||||
3 | Trustees of
Chicago State University, the Board of Trustees of | ||||||
4 | Eastern Illinois University,
the Board of Trustees of Governors | ||||||
5 | State University, the Board of Trustees of
Illinois State | ||||||
6 | University, the Board of Trustees of Northeastern Illinois
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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 course | ||||||
12 | of their employment is not
applicable to the hearing and | ||||||
13 | determination of such claims.
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14 | (e) All claims for recoupment made by the State of Illinois | ||||||
15 | against
any claimant.
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16 | (f) All claims pursuant to the Line of Duty Compensation
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17 | Act. A claim under that Act must be heard and determined within | ||||||
18 | one year after the application for that claim is filed with the | ||||||
19 | Court as provided in that Act.
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20 | (g) All claims filed pursuant to the Crime Victims | ||||||
21 | Compensation Act.
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22 | (h) All claims pursuant to the Illinois National | ||||||
23 | Guardsman's Compensation
Act. A claim under that Act must be | ||||||
24 | heard and determined within one year after the petition for | ||||||
25 | that claim is filed with the Court as provided in that Act.
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26 | (i) All claims authorized by subsection (a) of Section |
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1 | 10-55 of the Illinois
Administrative Procedure Act for the | ||||||
2 | expenses incurred by a party in a
contested case on the | ||||||
3 | administrative level.
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4 | (Source: P.A. 93-1047, eff. 10-18-04.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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