Public Act 90-0492 of the 90th General Assembly
Public Act 90-0492
SB942 Enrolled LRB9002925LDdvA
AN ACT in relation to functions of State government,
amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Court of Claims Act is amended by
changing Sections 6, 8, 18, 21, 22-1, 24, and 26-1 as
follows:
(705 ILCS 505/6) (from Ch. 37, par. 439.6)
Sec. 6. The court shall hold a regular session at the
Capital of the State beginning on the second Tuesday of
January, May and November, and such special sessions at such
places as it deems necessary to expedite the business of the
court.
(Source: Laws 1945, p. 660.)
(705 ILCS 505/8) (from Ch. 37, par. 439.8)
Sec. 8. Court of Claims jurisdiction. The court shall
have exclusive jurisdiction to hear and determine the
following matters:
(a) All claims against the State founded upon any law of
the State of Illinois, or upon any regulation adopted
thereunder by an executive or administrative officer or
agency; provided, however, the court shall not have
jurisdiction (i) to hear or determine, other than claims
arising under the Workers' Compensation Act or the Workers'
Occupational Diseases Act, or claims for expenses in civil
litigation, or (ii) to review administrative decisions for
which a statute provides that review shall be in the circuit
or appellate court.
(b) All claims against the State founded upon any
contract entered into with the State of Illinois.
(c) All claims against the State for time unjustly
served in prisons of this State where the persons imprisoned
shall receive a pardon from the governor stating that such
pardon is issued on the ground of innocence of the crime for
which they were imprisoned; provided, the court shall make no
award in excess of the following amounts: for imprisonment of
5 years or less, not more than $15,000; for imprisonment of
14 years or less but over 5 years, not more than $30,000; for
imprisonment of over 14 years, not more than $35,000; and
provided further, the court shall fix attorney's fees not to
exceed 25% of the award granted. On December 31, the
effective date of this amendatory Act of 1996, the court
shall make a one-time adjustment in the maximum awards
authorized by this subsection (c), to reflect the increase in
the cost of living from the year in which these maximum
awards were last adjusted until 1996, but with no annual
increment exceeding 5%. Thereafter, the court shall annually
adjust the maximum awards authorized by this subsection (c)
to reflect the increase, if any, in the Consumer Price Index
For All Urban Consumers for the previous calendar year, as
determined by the United States Department of Labor, except
that no annual increment may exceed 5%. For both the
one-time adjustment and the subsequent annual adjustments, if
the Consumer Price Index decreases during a calendar year,
there shall be no adjustment for that calendar year. The
changes made by Public Act 89-689 this amendatory Act of 1996
apply to all claims filed on or after January 1, 1995 and
that are pending on December 31, the effective date of this
amendatory Act of 1996 and all claims filed on or after
December 31, the effective date of this amendatory Act of
1996.
(d) All claims against the State for damages in cases
sounding in tort, if a like cause of action would lie against
a private person or corporation in a civil suit, and all like
claims sounding in tort against the Medical Center
Commission, the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, or the Board of Trustees of the Illinois
Mathematics and Science Academy; provided, that an award for
damages in a case sounding in tort, other than certain cases
involving the operation of a State vehicle described in this
paragraph, shall not exceed the sum of $100,000 to or for the
benefit of any claimant. The $100,000 limit prescribed by
this Section does not apply to an award of damages in any
case sounding in tort arising out of the operation by a State
employee of a vehicle owned, leased or controlled by the
State. The defense that the State or the Medical Center
Commission or the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, or the Board of Trustees of the Illinois
Mathematics and Science Academy is not liable for the
negligence of its officers, agents, and employees in the
course of their employment is not applicable to the hearing
and determination of such claims.
(e) All claims for recoupment made by the State of
Illinois against any claimant.
(f) All claims pursuant to the Law Enforcement Officers,
Civil Defense Workers, Civil Air Patrol Members, Paramedics,
Firemen, Chaplains, and State Employees Compensation Act.
(g) All claims filed pursuant to the Crime Victims
Compensation Act.
(h) All claims pursuant to the Illinois National
Guardsman's Compensation Act.
(i) All claims authorized by subsection (a) of Section
10-55 of the Illinois Administrative Procedure Act for the
expenses incurred by a party in a contested case on the
administrative level.
(Source: P.A. 88-45; 89-4, eff. 1-1-96; 89-689, eff.
12-31-96; revised 4-24-97.)
(705 ILCS 505/18) (from Ch. 37, par. 439.18)
Sec. 18. The court shall provide, by rule, for the
maintenance of separate records of claims which arise solely
due to lapsed appropriations and for claims for which amount
of recovery sought is less than $5,000 $2,500. In all other
cases, the court or Commissioner as the case may be, shall
file with its clerk a written opinion in each case upon final
disposition thereof. All opinions shall be compiled and
published annually by the clerk of the court.
(Source: P.A. 83-865.)
(705 ILCS 505/21) (from Ch. 37, par. 439.21)
Sec. 21. The court is authorized to impose, by uniform
rules, a fee of $15 for the filing of a petition in any case
in which the award sought is more than $50 and less than
$1,000 and $35 in any case in which the award sought is
$1,000 or more; and to charge and collect for copies of
opinions or other documents filed in the Court of Claims such
fees as may be prescribed by the rules of the Court. All fees
and charges so collected shall be forthwith paid into the
State Treasury. In claims based upon lapsed appropriations or
lost warrant or in claims filed under the Law Enforcement
Officers, Civil Defense Workers, Civil Air Patrol Members,
Paramedics, Firemen, Chaplains, and State Employees
Compensation Act, the Illinois National Guardsman's
Compensation Act, or the Crime Victims Compensation Act or in
claims filed by medical vendors for medical services rendered
by the claimant to persons eligible for Medical Assistance
under programs administered by the Illinois Department of
Public Aid, no filing fee shall be required.
(Source: P.A. 83-865.)
(705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
Sec. 22-1. Within 1 year from the date that such an
injury was received or such a cause of action accrued, any
person who is about to commence any action in the Court of
Claims against the State of Illinois, the Medical Center
Commission, the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, or the Board of Trustees of the Illinois
Mathematics and Science Academy, for damages on account of
any injury to his person shall file in the office of the
Attorney General and also in the office of the Clerk of the
Court of Claims, either by himself, his agent, or attorney,
giving the name of the person to whom the cause of action has
accrued, the name and residence of the person injured, the
date and about the hour of the accident, the place or
location where the accident occurred, a brief description of
how the accident occurred, and the name and address of the
attending physician, if any, except as otherwise provided by
the Crime Victims Compensation Act.
In actions for death by wrongful act, neglect or default,
the executor of the estate, or in the event there is no will,
the administrator or other personal representative of the
decedent, shall file within 1 year of the date of death or
the date that the executor or administrator is qualified,
whichever occurs later, in the office of the Attorney General
and also in the office of the Clerk of the Court of Claims,
giving the name of the person to whom the cause of action has
accrued, the name and last residence of the decedent, the
date of the accident causing death, the date of the
decedent's demise, the place or location where the accident
causing the death occurred, the date and about the hour of
the accident, a brief description of how the accident
occurred, and the names and addresses of the attending
physician and treating hospital if any, except as otherwise
provided by the Crime Victims Compensation Act.
A claimant is not required to file the notice required by
this Section if he or she files his or her claim within one
year of its accrual.
(Source: P.A. 89-4, eff. 1-1-96.)
(705 ILCS 505/24) (from Ch. 37, par. 439.24)
Sec. 24. From funds appropriated by the General
Assembly for the purposes of this Section the Court may
direct immediate payment of:
(a) All claims arising solely as a result of the lapsing
of an appropriation out of which the obligation could have
been paid.
(b) All claims pursuant to the "Law Enforcement Officers
and Firemen Compensation Act", approved September 30, 1969,
as amended.
(c) All claims pursuant to the "Illinois National
Guardsman's and Naval Militiaman's Compensation Act",
approved August 12, 1971, as amended.
(d) All claims pursuant to the "Crime Victims
Compensation Act", approved August 23, 1973, as amended.
(e) All other claims wherein the amount of the award of
the Court is less than $5,000 $2,500.
(Source: P.A. 83-865.)
(705 ILCS 505/26-1) (from Ch. 37, par. 439.24-6.1)
Sec. 26-1. Except as otherwise provided herein, the
maximum contingent fee to be charged by an attorney
practicing before the Court shall not exceed 20 percent of
the amount awarded, which is in excess of the undisputed
amount of the claim, unless further fees shall be allowed by
the Court at a hearing fixing such fees. In cases involving
lapsed appropriations or lost warrants where there is no
dispute as to the liability of the respondent, the fee, if
any, for services rendered is to be fixed by the Court at a
nominal amount.
Nothing herein applies to awards made under the Law
Enforcement Officers, Civil Defense Workers, Civil Air Patrol
Members, Paramedics and Firemen Compensation Act or the
Illinois National Guardsman's and Naval Militiaman's
Compensation Act or the "Illinois Uniform Conviction
Information Act", enacted by the 85th General Assembly, as
heretofore or hereafter amended.
(Source: P.A. 85-922.)
(705 ILCS 505/20 rep.)
Section 10. The Court of Claims Act is amended by
repealing Section 20.
Section 15. The Crime Victims Compensation Act is
amended by changing Section 2 as follows:
(740 ILCS 45/2) (from Ch. 70, par. 72)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
finds is entitled to compensation, including the guardian of
a minor or of a person under legal disability. It includes
any person who was a dependent of a deceased victim of a
crime of violence for his support at the time of the death of
that victim.
(b) "Court of Claims" means the Court of Claims created
by the Court of Claims Act.
(c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12-30, 20-1 or 20-1.1 of the Criminal Code of 1961, and
driving under the influence of intoxicating liquor or
narcotic drugs as defined in Section 11-501 of the Illinois
Vehicle Code, and if none of the said offenses occurred
during a civil riot, insurrection or rebellion. "Crime of
violence" does not include any other offense or accident
involving a motor vehicle except those vehicle offenses
specifically provided for in this paragraph. "Crime of
violence" does include all of the offenses specifically
provided for in this paragraph that occur within this State
but are subject to federal jurisdiction and crimes involving
terrorism as defined in 18 U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in
this State as a result of a crime of violence perpetrated or
attempted against him, (2) the parent of a child killed or
injured in this State as a result of a crime of violence
perpetrated or attempted against the child, (3) a person
killed or injured in this State while attempting to assist a
person against whom a crime of violence is being perpetrated
or attempted, if that attempt of assistance would be expected
of a reasonable man under the circumstances, (4) a person
killed or injured in this State while assisting a law
enforcement official apprehend a person who has perpetrated a
crime of violence or prevent the perpetration of any such
crime if that assistance was in response to the express
request of the law enforcement official, (5) a child who
personally witnessed a violent crime perpetrated or attempted
against a relative, or (6) an Illinois resident who is a
victim of a "crime of violence" as defined in this Act
except, if the crime occurred outside this State, the
resident has the same rights under this Act as if the crime
had occurred in this State upon a showing that the state,
territory, country, or political subdivision of a country in
which the crime occurred does not have a compensation of
victims of crimes law for which that Illinois resident is
eligible.
(e) "Dependent" means a relative of a deceased victim
who was wholly or partially dependent upon the victim's
income at the time of his death and shall include the child
of a victim born after his death.
(f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle or aunt.
(g) "Child" means an unmarried son or daughter who is
under 18 years of age and includes a stepchild, an adopted
child or an illegitimate child.
(h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of a medical examination, medically required nursing
care expenses, appropriate psychiatric care or psychiatric
counseling expenses, expenses for care or counseling by a
licensed clinical psychologist or licensed clinical social
worker and expenses for treatment by Christian Science
practitioners and nursing care appropriate thereto;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; replacement services
loss, to a maximum of $1000 per month; dependents replacement
services loss, to a maximum of $1000 per month; loss of
tuition paid to attend grammar school or high school when the
victim had been enrolled as a full-time student prior to the
injury, or college or graduate school when the victim had
been enrolled as a full-time day or night student prior to
the injury when the victim becomes unable to continue
attendance at school as a result of the crime of violence
perpetrated against him; loss of earnings, loss of future
earnings because of disability resulting from the injury,
and, in addition, in the case of death, funeral and burial
expenses to a maximum of $3000 and loss of support of the
dependents of the victim. Loss of future earnings shall be
reduced by any income from substitute work actually performed
by the victim or by income he would have earned in available
appropriate substitute work he was capable of performing but
unreasonably failed to undertake. Loss of earnings, loss of
future earnings and loss of support shall be determined on
the basis of the victim's average net monthly earnings for
the 6 months immediately preceding the date of the injury or
on $1000 per month, whichever is less. If a divorced or
legally separated applicant is claiming loss of support for a
minor child of the deceased, the amount of support for each
child shall be based either on the amount of support the
minor child received pursuant to the judgment for the 6
months prior to the date of the deceased victim's injury or
death, or, if the subject of pending litigation filed by or
on behalf of the divorced or legally separated applicant
prior to the injury or death, on the result of that
litigation. Pecuniary loss does not include pain and
suffering or property loss or damage.
(i) "Replacement services loss" means expenses
reasonably incurred in obtaining ordinary and necessary
services in lieu of those the permanently injured person
would have performed, not for income, but for the benefit of
himself or his family, if he had not been permanently
injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those
the victim would have performed, not for income, but for
their benefit, if he had not been fatally injured.
(Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.