95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6632


 
Introduced , by Rep. Thomas Holbrook
 
SYNOPSIS AS INTRODUCED:
 		








   



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








    Amends the Court of Claims Act. Provides that the jurisdiction of the Court of Claims is expanded to include all claims against local public entities and public employees sounding in tort that allege willful, wanton, or intentional misconduct.
















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A BILL FOR









 











HB6632

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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 
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Section 8 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. The court shall have 
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exclusive
jurisdiction to hear and determine the following 
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matters:

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    (a) All claims against the State founded upon any law of 
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the State of
Illinois or upon any regulation adopted thereunder 
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by an executive or
administrative officer or agency; provided, 
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however, the court shall not have
jurisdiction (i) to hear or 
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determine claims arising under
the Workers' Compensation Act or 
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the Workers' Occupational Diseases Act, or
claims for expenses 
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in civil litigation, or (ii) to review administrative
decisions 
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for which a statute provides that review shall be in the 
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circuit or
appellate court.

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

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    (c) All claims against the State for time unjustly served 
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in prisons
of this State where the persons imprisoned shall 
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receive a pardon from
the governor stating that such pardon is 
 


 






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issued on the ground of
innocence of the crime for which they 
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were imprisoned; provided, the
court shall make no award in 
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excess of the following amounts: for
imprisonment of 5 years or 
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less, not more than $15,000; for imprisonment
of 14 years or 
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less but over 5 years, not more than $30,000; for
imprisonment 
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of over 14 years, not more than $35,000; and provided
further, 
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the court shall fix attorney's fees not to exceed 25% of the 
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award
granted.  On December 31, 1996, the court shall make a 
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one-time adjustment in the maximum awards
authorized by this 
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subsection (c), to reflect the increase in the cost of
living 
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from the year in which these maximum awards were last adjusted 
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until
1996, but with no annual increment exceeding 5%.  
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Thereafter, the court shall
annually adjust the maximum awards 
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authorized by this subsection (c) to reflect
the increase, if 
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any, in the Consumer Price Index For All Urban Consumers for

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the previous calendar year, as determined by the United States 
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Department of
Labor, except that no annual increment may exceed 
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5%.  For both the one-time
adjustment and the subsequent annual 
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adjustments, if the Consumer Price Index
decreases during a 
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calendar year, there shall be no adjustment for that
calendar 
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year.  The changes made by Public Act 89-689 apply to all claims 
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filed on or after January 1, 1995 that
are pending on December 
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31, 1996 and all claims filed on or after December 31, 1996.

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    (d) All claims against the State for damages in cases 
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sounding in tort, if
a like cause of action would lie against a 
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private person or corporation in a
civil suit, and all like 
 


 






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claims sounding in tort against the Medical Center
Commission, 
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the Board of Trustees of the University of Illinois, the Board 
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of
Trustees of Southern Illinois University, the Board of 
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Trustees of Chicago
State University, the Board of Trustees of 
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Eastern Illinois University, the
Board of Trustees of Governors 
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State University, the Board of Trustees of
Illinois State 
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University, the Board of Trustees of Northeastern Illinois

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University, the Board of Trustees of Northern Illinois 
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University, the Board
of Trustees of Western Illinois 
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University, or the Board of Trustees of the
Illinois 
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Mathematics and Science Academy; provided, that an award for 
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damages
in a case sounding in tort, other than certain cases 
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involving the operation
of a State vehicle described in this 
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paragraph, shall not exceed the sum of
$100,000 to or for the 
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benefit of
any claimant.  The $100,000 limit prescribed by this 
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Section does not
apply to an award of damages in any case 
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sounding in tort arising out of
the operation by a State 
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employee of a vehicle owned, leased or
controlled by the State.  
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The defense that the State or the Medical
Center Commission or 
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the Board of Trustees of the University of Illinois, the
Board 
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of Trustees of Southern Illinois University, the Board of 
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Trustees of
Chicago State University, the Board of Trustees of 
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Eastern Illinois University,
the Board of Trustees of Governors 
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State University, the Board of Trustees of
Illinois State 
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University, the Board of Trustees of Northeastern Illinois

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University, the Board of Trustees of Northern Illinois 
 


 






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University, the Board of
Trustees of Western Illinois 
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University, or the Board of Trustees of the
Illinois 
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Mathematics and Science Academy is not liable for the 
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negligence of
its officers, agents, and employees in the course 
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of their employment is not
applicable to the hearing and 
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determination of such claims.

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

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    (f) All claims pursuant to the Line of Duty Compensation

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Act.

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

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    (h) All claims pursuant to the Illinois National 
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Guardsman's Compensation
Act.

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

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    (j) All claims against local public entities and public 
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employees sounding in tort that allege willful, wanton, or 
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intentional misconduct. 
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(Source: P.A. 93-1047, eff. 10-18-04.)