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90_SB0942eng
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
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1 AN ACT to amend the Court of Claims Act by changing
2 Sections 6, 8, 18, 21, 22-1, 24, and 26-1 and repealing
3 Section 20.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Court of Claims Act is amended by
7 changing Sections 6, 8, 18, 21, 22-1, 24, and 26-1 as
8 follows:
9 (705 ILCS 505/6) (from Ch. 37, par. 439.6)
10 Sec. 6. The court shall hold a regular session at the
11 Capital of the State beginning on the second Tuesday of
12 January, May and November, and such special sessions at such
13 places as it deems necessary to expedite the business of the
14 court.
15 (Source: Laws 1945, p. 660.)
16 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
17 Sec. 8. Court of Claims jurisdiction. The court shall
18 have exclusive jurisdiction to hear and determine the
19 following matters:
20 (a) All claims against the State founded upon any law of
21 the State of Illinois, or upon any regulation thereunder by
22 an executive or administrative officer or agency, and claims
23 for expenses in civil litigation; provided, however, the
24 court shall not have jurisdiction to hear and determine other
25 than claims arising under the Workers' Compensation Act or
26 the Workers' Occupational Diseases Act, or to review
27 administrative decisions for which a statute provides that
28 review shall be in circuit court claims for expenses in civil
29 litigation.
30 (b) All claims against the state founded upon any
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1 contract entered into with the State of Illinois.
2 (c) All claims against the state for time unjustly
3 served in prisons of this State where the persons imprisoned
4 shall receive a pardon from the governor stating that such
5 pardon is issued on the ground of innocence of the crime for
6 which they were imprisoned; provided, the court shall make no
7 award in excess of the following amounts: for imprisonment of
8 5 years or less, not more than $15,000; for imprisonment of
9 14 years or less but over 5 years, not more than $30,000; for
10 imprisonment of over 14 years, not more than $35,000; and
11 provided further, the court shall fix attorney's fees not to
12 exceed 25% of the award granted. On the effective date of
13 this amendatory Act of 1996, the court shall make a one-time
14 adjustment in the maximum awards authorized by this
15 subsection (c), to reflect the increase in the cost of living
16 from the year in which these maximum awards were last
17 adjusted until 1996, but with no annual increment exceeding
18 5%. Thereafter, the court shall annually adjust the maximum
19 awards authorized by this subsection (c) to reflect the
20 increase, if any, in the Consumer Price Index For All Urban
21 Consumers for the previous calendar year, as determined by
22 the United States Department of Labor, except that no annual
23 increment may exceed 5%. For both the one-time adjustment
24 and the subsequent annual adjustments, if the Consumer Price
25 Index decreases during a calendar year, there shall be no
26 adjustment for that calendar year. The changes made by this
27 amendatory Act of 1996 apply to all claims filed on or after
28 January 1, 1995 and that are pending on the effective date of
29 this amendatory Act of 1996 and all claims filed on or after
30 the effective date of this amendatory Act of 1996.
31 (d) All claims against the State for damages in cases
32 sounding in tort, if a like cause of action would lie against
33 a private person or corporation in a civil suit, and all like
34 claims sounding in tort against the Medical Center
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1 Commission, the Board of Trustees of the University of
2 Illinois, the Board of Trustees of Southern Illinois
3 University, the Board of Trustees of Chicago State
4 University, the Board of Trustees of Eastern Illinois
5 University, the Board of Trustees of Governors State
6 University, the Board of Trustees of Illinois State
7 University, the Board of Trustees of Northeastern Illinois
8 University, the Board of Trustees of Northern Illinois
9 University, the Board of Trustees of Western Illinois
10 University, or the Board of Trustees of the Illinois
11 Mathematics and Science Academy; provided, that an award for
12 damages in a case sounding in tort, other than certain cases
13 involving the operation of a State vehicle described in this
14 paragraph, shall not exceed the sum of $100,000 to or for the
15 benefit of any claimant. The $100,000 limit prescribed by
16 this Section does not apply to an award of damages in any
17 case sounding in tort arising out of the operation by a State
18 employee of a vehicle owned, leased or controlled by the
19 State. The defense that the State or the Medical Center
20 Commission or the Board of Trustees of the University of
21 Illinois, the Board of Trustees of Southern Illinois
22 University, the Board of Trustees of Chicago State
23 University, the Board of Trustees of Eastern Illinois
24 University, the Board of Trustees of Governors State
25 University, the Board of Trustees of Illinois State
26 University, the Board of Trustees of Northeastern Illinois
27 University, the Board of Trustees of Northern Illinois
28 University, the Board of Trustees of Western Illinois
29 University, or the Board of Trustees of the Illinois
30 Mathematics and Science Academy is not liable for the
31 negligence of its officers, agents, and employees in the
32 course of their employment is not applicable to the hearing
33 and determination of such claims.
34 (e) All claims for recoupment made by the State of
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1 Illinois against any claimant.
2 (f) All claims pursuant to the Law Enforcement Officers,
3 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
4 Firemen and State Employees Compensation Act.
5 (g) All claims filed pursuant to the Crime Victims
6 Compensation Act.
7 (h) All claims pursuant to the Illinois National
8 Guardsman's Compensation Act.
9 (i) All claims authorized by subsection (a) of Section
10 10-55 of the Illinois Administrative Procedure Act for the
11 expenses incurred by a party in a contested case on the
12 administrative level.
13 (Source: P.A. 88-45; 89-4, eff. 1-1-96; 89-689, eff.
14 12-31-96.)
15 (705 ILCS 505/18) (from Ch. 37, par. 439.18)
16 Sec. 18. The court shall provide, by rule, for the
17 maintenance of separate records of claims which arise solely
18 due to lapsed appropriations and for claims for which amount
19 of recovery sought is less than $5,000 $2,500. In all other
20 cases, the court or Commissioner as the case may be, shall
21 file with its clerk a written opinion in each case upon final
22 disposition thereof. All opinions shall be compiled and
23 published annually by the clerk of the court.
24 (Source: P.A. 83-865.)
25 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
26 Sec. 21. The court is authorized to impose, by uniform
27 rules, a fee of $15 for the filing of a petition in any case
28 in which the award sought is more than $50 and less than
29 $1,000 and $35 in any case in which the award sought is
30 $1,000 or more; and to charge and collect for copies of
31 opinions or other documents filed in the Court of Claims such
32 fees as may be prescribed by the rules of the Court. All fees
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1 and charges so collected shall be forthwith paid into the
2 State Treasury. In claims based upon lapsed appropriations or
3 lost warrant or in claims filed under the Law Enforcement
4 Officers, Civil Defense Workers, Civil Air Patrol Members,
5 Paramedics, Firemen, Chaplains, and State Employees
6 Compensation Act, the Illinois National Guardsman's
7 Compensation Act, or the Crime Victims Compensation Act or in
8 claims filed by medical vendors for medical services rendered
9 by the claimant to persons eligible for Medical Assistance
10 under programs administered by the Illinois Department of
11 Public Aid, no filing fee shall be required.
12 (Source: P.A. 83-865.)
13 (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
14 Sec. 22-1. Within 1 year from the date that such an
15 injury was received or such a cause of action accrued, any
16 person who is about to commence any action in the Court of
17 Claims against the State of Illinois, the Medical Center
18 Commission, the Board of Trustees of the University of
19 Illinois, the Board of Trustees of Southern Illinois
20 University, the Board of Trustees of Chicago State
21 University, the Board of Trustees of Eastern Illinois
22 University, the Board of Trustees of Governors State
23 University, the Board of Trustees of Illinois State
24 University, the Board of Trustees of Northeastern Illinois
25 University, the Board of Trustees of Northern Illinois
26 University, the Board of Trustees of Western Illinois
27 University, or the Board of Trustees of the Illinois
28 Mathematics and Science Academy, for damages on account of
29 any injury to his person shall file in the office of the
30 Attorney General and also in the office of the Clerk of the
31 Court of Claims, either by himself, his agent, or attorney,
32 giving the name of the person to whom the cause of action has
33 accrued, the name and residence of the person injured, the
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1 date and about the hour of the accident, the place or
2 location where the accident occurred, a brief description of
3 how the accident occurred, and the name and address of the
4 attending physician, if any, except as otherwise provided by
5 the Crime Victims Compensation Act.
6 In actions for death by wrongful act, neglect or default,
7 the executor of the estate, or in the event there is no will,
8 the administrator or other personal representative of the
9 decedent, shall file within 1 year of the date of death or
10 the date that the executor or administrator is qualified,
11 whichever occurs later, in the office of the Attorney General
12 and also in the office of the Clerk of the Court of Claims,
13 giving the name of the person to whom the cause of action has
14 accrued, the name and last residence of the decedent, the
15 date of the accident causing death, the date of the
16 decedent's demise, the place or location where the accident
17 causing the death occurred, the date and about the hour of
18 the accident, a brief description of how the accident
19 occurred, and the names and addresses of the attending
20 physician and treating hospital if any, except as otherwise
21 provided by the Crime Victims Compensation Act.
22 A claimant is not required to file the notice required by
23 this Section if he or she files his or her claim within one
24 year of its accrual.
25 (Source: P.A. 89-4, eff. 1-1-96.)
26 (705 ILCS 505/24) (from Ch. 37, par. 439.24)
27 Sec. 24. From funds appropriated by the General
28 Assembly for the purposes of this Section the Court may
29 direct immediate payment of:
30 (a) All claims arising solely as a result of the lapsing
31 of an appropriation out of which the obligation could have
32 been paid.
33 (b) All claims pursuant to the "Law Enforcement Officers
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1 and Firemen Compensation Act", approved September 30, 1969,
2 as amended.
3 (c) All claims pursuant to the "Illinois National
4 Guardsman's and Naval Militiaman's Compensation Act",
5 approved August 12, 1971, as amended.
6 (d) All claims pursuant to the "Crime Victims
7 Compensation Act", approved August 23, 1973, as amended.
8 (e) All other claims wherein the amount of the award of
9 the Court is less than $5,000 $2,500.
10 (Source: P.A. 83-865.)
11 (705 ILCS 505/26-1) (from Ch. 37, par. 439.24-6.1)
12 Sec. 26-1. Except as otherwise provided herein, the
13 maximum contingent fee to be charged by an attorney
14 practicing before the Court shall not exceed 20 percent of
15 the amount awarded, which is in excess of the undisputed
16 amount of the claim, unless further fees shall be allowed by
17 the Court at a hearing fixing such fees. In cases involving
18 lapsed appropriations or lost warrants where there is no
19 dispute as to the liability of the respondent, the fee, if
20 any, for services rendered is to be fixed by the Court at a
21 nominal amount.
22 Nothing herein applies to awards made under the Law
23 Enforcement Officers, Civil Defense Workers, Civil Air Patrol
24 Members, Paramedics and Firemen Compensation Act or the
25 Illinois National Guardsman's and Naval Militiaman's
26 Compensation Act or the "Illinois Uniform Conviction
27 Information Act", enacted by the 85th General Assembly, as
28 heretofore or hereafter amended.
29 (Source: P.A. 85-922.)
30 (705 ILCS 505/20 rep.)
31 Section 10. The Court of Claims Act is amended by
32 repealing Section 20.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.