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90_SB0942enr
705 ILCS 505/6 from Ch. 37, par. 439.6
705 ILCS 505/8 from Ch. 37, par. 439.8
705 ILCS 505/18 from Ch. 37, par. 439.18
705 ILCS 505/21 from Ch. 37, par. 439.21
705 ILCS 505/22-1 from Ch. 37, par. 439.22-1
705 ILCS 505/24 from Ch. 37, par. 439.24
705 ILCS 505/26-1 from Ch. 37, par. 439.24-6.1
705 ILCS 505/20 rep.
Amends the Court of Claims Act. Deletes provisions
requiring the court to hold regular session at specified
times. Provides that the court has exclusive jurisdiction to
hear and determine certain claims for expenses in civil
litigation. Provides that the court does not have
jurisdiction to review administrative decisions for which a
statute provides that review shall be in circuit court.
Provides that the court shall provide, by rule, for the
maintenance of separate records of claims that arise solely
due to lapsed appropriations and for claims for which the
amount of recovery sought is less than $5,000 (now $2,500).
Provides that no filing fee shall be required in certain
cases. Provides that a claimant is not required to file a
certain notice required by the Act if he or she files his or
her claim within one year of its accrual. Provides that the
court may direct immediate payment of certain claims where
the amount of the award of the court is less than $5,000 (now
$2,500). Repeals provisions concerning a statement of
decisions. Effective immediately.
LRB9002925LDdvA
SB942 Enrolled LRB9002925LDdvA
1 AN ACT in relation to functions of State government,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Court of Claims Act is amended by
6 changing Sections 6, 8, 18, 21, 22-1, 24, and 26-1 as
7 follows:
8 (705 ILCS 505/6) (from Ch. 37, par. 439.6)
9 Sec. 6. The court shall hold a regular session at the
10 Capital of the State beginning on the second Tuesday of
11 January, May and November, and such special sessions at such
12 places as it deems necessary to expedite the business of the
13 court.
14 (Source: Laws 1945, p. 660.)
15 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
16 Sec. 8. Court of Claims jurisdiction. The court shall
17 have exclusive jurisdiction to hear and determine the
18 following matters:
19 (a) All claims against the State founded upon any law of
20 the State of Illinois, or upon any regulation adopted
21 thereunder by an executive or administrative officer or
22 agency; provided, however, the court shall not have
23 jurisdiction (i) to hear or determine, other than claims
24 arising under the Workers' Compensation Act or the Workers'
25 Occupational Diseases Act, or claims for expenses in civil
26 litigation, or (ii) to review administrative decisions for
27 which a statute provides that review shall be in the circuit
28 or appellate court.
29 (b) All claims against the State founded upon any
30 contract entered into with the State of Illinois.
SB942 Enrolled -2- LRB9002925LDdvA
1 (c) All claims against the State for time unjustly
2 served in prisons of this State where the persons imprisoned
3 shall receive a pardon from the governor stating that such
4 pardon is issued on the ground of innocence of the crime for
5 which they were imprisoned; provided, the court shall make no
6 award in excess of the following amounts: for imprisonment of
7 5 years or less, not more than $15,000; for imprisonment of
8 14 years or less but over 5 years, not more than $30,000; for
9 imprisonment of over 14 years, not more than $35,000; and
10 provided further, the court shall fix attorney's fees not to
11 exceed 25% of the award granted. On December 31, the
12 effective date of this amendatory Act of 1996, the court
13 shall make a one-time adjustment in the maximum awards
14 authorized by this subsection (c), to reflect the increase in
15 the cost of living from the year in which these maximum
16 awards were last adjusted until 1996, but with no annual
17 increment exceeding 5%. Thereafter, the court shall annually
18 adjust the maximum awards authorized by this subsection (c)
19 to reflect the increase, if any, in the Consumer Price Index
20 For All Urban Consumers for the previous calendar year, as
21 determined by the United States Department of Labor, except
22 that no annual increment may exceed 5%. For both the
23 one-time adjustment and the subsequent annual adjustments, if
24 the Consumer Price Index decreases during a calendar year,
25 there shall be no adjustment for that calendar year. The
26 changes made by Public Act 89-689 this amendatory Act of 1996
27 apply to all claims filed on or after January 1, 1995 and
28 that are pending on December 31, the effective date of this
29 amendatory Act of 1996 and all claims filed on or after
30 December 31, the effective date of this amendatory Act of
31 1996.
32 (d) All claims against the State for damages in cases
33 sounding in tort, if a like cause of action would lie against
34 a private person or corporation in a civil suit, and all like
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1 claims sounding in tort against the Medical Center
2 Commission, the Board of Trustees of the University of
3 Illinois, the Board of Trustees of Southern Illinois
4 University, the Board of Trustees of Chicago State
5 University, the Board of Trustees of Eastern Illinois
6 University, the Board of Trustees of Governors State
7 University, the Board of Trustees of Illinois State
8 University, the Board of Trustees of Northeastern Illinois
9 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
17 this Section does not apply to an award of damages in any
18 case sounding in tort arising out of the operation by a State
19 employee of a vehicle owned, leased or controlled by the
20 State. The defense that the State or the Medical Center
21 Commission or the Board of Trustees of the University of
22 Illinois, the Board of Trustees of Southern Illinois
23 University, the Board of Trustees of Chicago State
24 University, the Board of Trustees of Eastern Illinois
25 University, the Board of Trustees of Governors State
26 University, the Board of Trustees of Illinois State
27 University, the Board of Trustees of Northeastern Illinois
28 University, the Board of Trustees of Northern Illinois
29 University, the Board of Trustees of Western Illinois
30 University, or the Board of Trustees of the Illinois
31 Mathematics and Science Academy is not liable for the
32 negligence of its officers, agents, and employees in the
33 course of their employment is not applicable to the hearing
34 and determination of such claims.
SB942 Enrolled -4- LRB9002925LDdvA
1 (e) All claims for recoupment made by the State of
2 Illinois against any claimant.
3 (f) All claims pursuant to the Law Enforcement Officers,
4 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
5 Firemen, Chaplains, and State Employees Compensation Act.
6 (g) All claims filed pursuant to the Crime Victims
7 Compensation Act.
8 (h) All claims pursuant to the Illinois National
9 Guardsman's Compensation Act.
10 (i) All claims authorized by subsection (a) of Section
11 10-55 of the Illinois Administrative Procedure Act for the
12 expenses incurred by a party in a contested case on the
13 administrative level.
14 (Source: P.A. 88-45; 89-4, eff. 1-1-96; 89-689, eff.
15 12-31-96; revised 4-24-97.)
16 (705 ILCS 505/18) (from Ch. 37, par. 439.18)
17 Sec. 18. The court shall provide, by rule, for the
18 maintenance of separate records of claims which arise solely
19 due to lapsed appropriations and for claims for which amount
20 of recovery sought is less than $5,000 $2,500. In all other
21 cases, the court or Commissioner as the case may be, shall
22 file with its clerk a written opinion in each case upon final
23 disposition thereof. All opinions shall be compiled and
24 published annually by the clerk of the court.
25 (Source: P.A. 83-865.)
26 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
27 Sec. 21. The court is authorized to impose, by uniform
28 rules, a fee of $15 for the filing of a petition in any case
29 in which the award sought is more than $50 and less than
30 $1,000 and $35 in any case in which the award sought is
31 $1,000 or more; and to charge and collect for copies of
32 opinions or other documents filed in the Court of Claims such
SB942 Enrolled -5- LRB9002925LDdvA
1 fees as may be prescribed by the rules of the Court. All fees
2 and charges so collected shall be forthwith paid into the
3 State Treasury. In claims based upon lapsed appropriations or
4 lost warrant or in claims filed under the Law Enforcement
5 Officers, Civil Defense Workers, Civil Air Patrol Members,
6 Paramedics, Firemen, Chaplains, and State Employees
7 Compensation Act, the Illinois National Guardsman's
8 Compensation Act, or the Crime Victims Compensation Act or in
9 claims filed by medical vendors for medical services rendered
10 by the claimant to persons eligible for Medical Assistance
11 under programs administered by the Illinois Department of
12 Public Aid, no filing fee shall be required.
13 (Source: P.A. 83-865.)
14 (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
15 Sec. 22-1. Within 1 year from the date that such an
16 injury was received or such a cause of action accrued, any
17 person who is about to commence any action in the Court of
18 Claims against the State of Illinois, the Medical Center
19 Commission, the Board of Trustees of the University of
20 Illinois, the Board of Trustees of Southern Illinois
21 University, the Board of Trustees of Chicago State
22 University, the Board of Trustees of Eastern Illinois
23 University, the Board of Trustees of Governors State
24 University, the Board of Trustees of Illinois State
25 University, the Board of Trustees of Northeastern Illinois
26 University, the Board of Trustees of Northern Illinois
27 University, the Board of Trustees of Western Illinois
28 University, or the Board of Trustees of the Illinois
29 Mathematics and Science Academy, for damages on account of
30 any injury to his person shall file in the office of the
31 Attorney General and also in the office of the Clerk of the
32 Court of Claims, either by himself, his agent, or attorney,
33 giving the name of the person to whom the cause of action has
SB942 Enrolled -6- LRB9002925LDdvA
1 accrued, the name and residence of the person injured, the
2 date and about the hour of the accident, the place or
3 location where the accident occurred, a brief description of
4 how the accident occurred, and the name and address of the
5 attending physician, if any, except as otherwise provided by
6 the Crime Victims Compensation Act.
7 In actions for death by wrongful act, neglect or default,
8 the executor of the estate, or in the event there is no will,
9 the administrator or other personal representative of the
10 decedent, shall file within 1 year of the date of death or
11 the date that the executor or administrator is qualified,
12 whichever occurs later, in the office of the Attorney General
13 and also in the office of the Clerk of the Court of Claims,
14 giving the name of the person to whom the cause of action has
15 accrued, the name and last residence of the decedent, the
16 date of the accident causing death, the date of the
17 decedent's demise, the place or location where the accident
18 causing the death occurred, the date and about the hour of
19 the accident, a brief description of how the accident
20 occurred, and the names and addresses of the attending
21 physician and treating hospital if any, except as otherwise
22 provided by the Crime Victims Compensation Act.
23 A claimant is not required to file the notice required by
24 this Section if he or she files his or her claim within one
25 year of its accrual.
26 (Source: P.A. 89-4, eff. 1-1-96.)
27 (705 ILCS 505/24) (from Ch. 37, par. 439.24)
28 Sec. 24. From funds appropriated by the General
29 Assembly for the purposes of this Section the Court may
30 direct immediate payment of:
31 (a) All claims arising solely as a result of the lapsing
32 of an appropriation out of which the obligation could have
33 been paid.
SB942 Enrolled -7- LRB9002925LDdvA
1 (b) All claims pursuant to the "Law Enforcement Officers
2 and Firemen Compensation Act", approved September 30, 1969,
3 as amended.
4 (c) All claims pursuant to the "Illinois National
5 Guardsman's and Naval Militiaman's Compensation Act",
6 approved August 12, 1971, as amended.
7 (d) All claims pursuant to the "Crime Victims
8 Compensation Act", approved August 23, 1973, as amended.
9 (e) All other claims wherein the amount of the award of
10 the Court is less than $5,000 $2,500.
11 (Source: P.A. 83-865.)
12 (705 ILCS 505/26-1) (from Ch. 37, par. 439.24-6.1)
13 Sec. 26-1. Except as otherwise provided herein, the
14 maximum contingent fee to be charged by an attorney
15 practicing before the Court shall not exceed 20 percent of
16 the amount awarded, which is in excess of the undisputed
17 amount of the claim, unless further fees shall be allowed by
18 the Court at a hearing fixing such fees. In cases involving
19 lapsed appropriations or lost warrants where there is no
20 dispute as to the liability of the respondent, the fee, if
21 any, for services rendered is to be fixed by the Court at a
22 nominal amount.
23 Nothing herein applies to awards made under the Law
24 Enforcement Officers, Civil Defense Workers, Civil Air Patrol
25 Members, Paramedics and Firemen Compensation Act or the
26 Illinois National Guardsman's and Naval Militiaman's
27 Compensation Act or the "Illinois Uniform Conviction
28 Information Act", enacted by the 85th General Assembly, as
29 heretofore or hereafter amended.
30 (Source: P.A. 85-922.)
31 (705 ILCS 505/20 rep.)
32 Section 10. The Court of Claims Act is amended by
SB942 Enrolled -8- LRB9002925LDdvA
1 repealing Section 20.
2 Section 15. The Crime Victims Compensation Act is
3 amended by changing Section 2 as follows:
4 (740 ILCS 45/2) (from Ch. 70, par. 72)
5 Sec. 2. Definitions. As used in this Act, unless the
6 context otherwise requires:
7 (a) "Applicant" means any person who applies for
8 compensation under this Act or any person the Court of Claims
9 finds is entitled to compensation, including the guardian of
10 a minor or of a person under legal disability. It includes
11 any person who was a dependent of a deceased victim of a
12 crime of violence for his support at the time of the death of
13 that victim.
14 (b) "Court of Claims" means the Court of Claims created
15 by the Court of Claims Act.
16 (c) "Crime of violence" means and includes any offense
17 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
18 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
19 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
20 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961, and
21 driving under the influence of intoxicating liquor or
22 narcotic drugs as defined in Section 11-501 of the Illinois
23 Vehicle Code, and if none of the said offenses occurred
24 during a civil riot, insurrection or rebellion. "Crime of
25 violence" does not include any other offense or accident
26 involving a motor vehicle except those vehicle offenses
27 specifically provided for in this paragraph. "Crime of
28 violence" does include all of the offenses specifically
29 provided for in this paragraph that occur within this State
30 but are subject to federal jurisdiction and crimes involving
31 terrorism as defined in 18 U.S.C. 2331.
32 (d) "Victim" means (1) a person killed or injured in
SB942 Enrolled -9- LRB9002925LDdvA
1 this State as a result of a crime of violence perpetrated or
2 attempted against him, (2) the parent of a child killed or
3 injured in this State as a result of a crime of violence
4 perpetrated or attempted against the child, (3) a person
5 killed or injured in this State while attempting to assist a
6 person against whom a crime of violence is being perpetrated
7 or attempted, if that attempt of assistance would be expected
8 of a reasonable man under the circumstances, (4) a person
9 killed or injured in this State while assisting a law
10 enforcement official apprehend a person who has perpetrated a
11 crime of violence or prevent the perpetration of any such
12 crime if that assistance was in response to the express
13 request of the law enforcement official, (5) a child who
14 personally witnessed a violent crime perpetrated or attempted
15 against a relative, or (6) an Illinois resident who is a
16 victim of a "crime of violence" as defined in this Act
17 except, if the crime occurred outside this State, the
18 resident has the same rights under this Act as if the crime
19 had occurred in this State upon a showing that the state,
20 territory, country, or political subdivision of a country in
21 which the crime occurred does not have a compensation of
22 victims of crimes law for which that Illinois resident is
23 eligible.
24 (e) "Dependent" means a relative of a deceased victim
25 who was wholly or partially dependent upon the victim's
26 income at the time of his death and shall include the child
27 of a victim born after his death.
28 (f) "Relative" means a spouse, parent, grandparent,
29 stepfather, stepmother, child, grandchild, brother,
30 brother-in-law, sister, sister-in-law, half brother, half
31 sister, spouse's parent, nephew, niece, uncle or aunt.
32 (g) "Child" means an unmarried son or daughter who is
33 under 18 years of age and includes a stepchild, an adopted
34 child or an illegitimate child.
SB942 Enrolled -10- LRB9002925LDdvA
1 (h) "Pecuniary loss" means, in the case of injury,
2 appropriate medical expenses and hospital expenses including
3 expenses of a medical examination, medically required nursing
4 care expenses, appropriate psychiatric care or psychiatric
5 counseling expenses, expenses for care or counseling by a
6 licensed clinical psychologist or licensed clinical social
7 worker and expenses for treatment by Christian Science
8 practitioners and nursing care appropriate thereto;
9 prosthetic appliances, eyeglasses, and hearing aids necessary
10 or damaged as a result of the crime; replacement services
11 loss, to a maximum of $1000 per month; dependents replacement
12 services loss, to a maximum of $1000 per month; loss of
13 tuition paid to attend grammar school or high school when the
14 victim had been enrolled as a full-time student prior to the
15 injury, or college or graduate school when the victim had
16 been enrolled as a full-time day or night student prior to
17 the injury when the victim becomes unable to continue
18 attendance at school as a result of the crime of violence
19 perpetrated against him; loss of earnings, loss of future
20 earnings because of disability resulting from the injury,
21 and, in addition, in the case of death, funeral and burial
22 expenses to a maximum of $3000 and loss of support of the
23 dependents of the victim. Loss of future earnings shall be
24 reduced by any income from substitute work actually performed
25 by the victim or by income he would have earned in available
26 appropriate substitute work he was capable of performing but
27 unreasonably failed to undertake. Loss of earnings, loss of
28 future earnings and loss of support shall be determined on
29 the basis of the victim's average net monthly earnings for
30 the 6 months immediately preceding the date of the injury or
31 on $1000 per month, whichever is less. If a divorced or
32 legally separated applicant is claiming loss of support for a
33 minor child of the deceased, the amount of support for each
34 child shall be based either on the amount of support the
SB942 Enrolled -11- LRB9002925LDdvA
1 minor child received pursuant to the judgment for the 6
2 months prior to the date of the deceased victim's injury or
3 death, or, if the subject of pending litigation filed by or
4 on behalf of the divorced or legally separated applicant
5 prior to the injury or death, on the result of that
6 litigation. Pecuniary loss does not include pain and
7 suffering or property loss or damage.
8 (i) "Replacement services loss" means expenses
9 reasonably incurred in obtaining ordinary and necessary
10 services in lieu of those the permanently injured person
11 would have performed, not for income, but for the benefit of
12 himself or his family, if he had not been permanently
13 injured.
14 (j) "Dependents replacement services loss" means loss
15 reasonably incurred by dependents after a victim's death in
16 obtaining ordinary and necessary services in lieu of those
17 the victim would have performed, not for income, but for
18 their benefit, if he had not been fatally injured.
19 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
20 89-462, eff. 5-29-96.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.