Full Text of HB5599 095th General Assembly
HB5599eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning National Guardsman's compensation | 2 |
| claims.
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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 | 6 |
| 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 ; deliberations | 9 |
| periods . The court shall have exclusive
jurisdiction to hear | 10 |
| and determine the following matters:
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| (a) All claims against the State founded upon any law of | 12 |
| the State of
Illinois or upon any regulation adopted thereunder | 13 |
| by an executive or
administrative officer or agency; provided, | 14 |
| however, the court shall not have
jurisdiction (i) to hear or | 15 |
| determine claims arising under
the Workers' Compensation Act or | 16 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 17 |
| in civil litigation, or (ii) to review administrative
decisions | 18 |
| for which a statute provides that review shall be in the | 19 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 21 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 23 |
| 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 | 2 |
| issued on the ground of
innocence of the crime for which they | 3 |
| were imprisoned; provided, the
court shall make no award in | 4 |
| excess of the following amounts: for
imprisonment of 5 years or | 5 |
| less, not more than $15,000; for imprisonment
of 14 years or | 6 |
| less but over 5 years, not more than $30,000; for
imprisonment | 7 |
| of over 14 years, not more than $35,000; and provided
further, | 8 |
| the court shall fix attorney's fees not to exceed 25% of the | 9 |
| award
granted. On December 31, 1996, the court shall make a | 10 |
| one-time adjustment in the maximum awards
authorized by this | 11 |
| subsection (c), to reflect the increase in the cost of
living | 12 |
| from the year in which these maximum awards were last adjusted | 13 |
| until
1996, but with no annual increment exceeding 5%. | 14 |
| Thereafter, the court shall
annually adjust the maximum awards | 15 |
| authorized by this subsection (c) to reflect
the increase, if | 16 |
| 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 | 18 |
| Department of
Labor, except that no annual increment may exceed | 19 |
| 5%. For both the one-time
adjustment and the subsequent annual | 20 |
| adjustments, if the Consumer Price Index
decreases during a | 21 |
| calendar year, there shall be no adjustment for that
calendar | 22 |
| year. The changes made by Public Act 89-689 apply to all claims | 23 |
| filed on or after January 1, 1995 that
are pending on December | 24 |
| 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 | 26 |
| 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 | 2 |
| claims sounding in tort against the Medical Center
Commission, | 3 |
| the Board of Trustees of the University of Illinois, the Board | 4 |
| of
Trustees of Southern Illinois University, the Board of | 5 |
| Trustees of Chicago
State University, the Board of Trustees of | 6 |
| Eastern Illinois University, the
Board of Trustees of Governors | 7 |
| State University, the Board of Trustees of
Illinois State | 8 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 10 |
| University, the Board
of Trustees of Western Illinois | 11 |
| University, or the Board of Trustees of the
Illinois | 12 |
| Mathematics and Science Academy; provided, that an award for | 13 |
| damages
in a case sounding in tort, other than certain cases | 14 |
| involving the operation
of a State vehicle described in this | 15 |
| paragraph, shall not exceed the sum of
$100,000 to or for the | 16 |
| benefit of
any claimant. The $100,000 limit prescribed by this | 17 |
| Section does not
apply to an award of damages in any case | 18 |
| sounding in tort arising out of
the operation by a State | 19 |
| employee of a vehicle owned, leased or
controlled by the State. | 20 |
| The defense that the State or the Medical
Center Commission or | 21 |
| the Board of Trustees of the University of Illinois, the
Board | 22 |
| of Trustees of Southern Illinois University, the Board of | 23 |
| Trustees of
Chicago State University, the Board of Trustees of | 24 |
| Eastern Illinois University,
the Board of Trustees of Governors | 25 |
| State University, the Board of Trustees of
Illinois State | 26 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 2 |
| University, the Board of
Trustees of Western Illinois | 3 |
| University, or the Board of Trustees of the
Illinois | 4 |
| Mathematics and Science Academy is not liable for the | 5 |
| negligence of
its officers, agents, and employees in the course | 6 |
| of their employment is not
applicable to the hearing and | 7 |
| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois | 9 |
| 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 | 12 |
| one year after the application for that claim is filed with the | 13 |
| Court as provided in that Act.
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| (g) All claims filed pursuant to the Crime Victims | 15 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 17 |
| Guardsman's Compensation
Act. A claim under that Act must be | 18 |
| heard and determined within one year after the petition for | 19 |
| 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 | 21 |
| 10-55 of the Illinois
Administrative Procedure Act for the | 22 |
| expenses incurred by a party in a
contested case on the | 23 |
| administrative level.
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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