Bill Text: IL SB2481 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Provides that the amendatory Act may be referred to as the Commitment to Justice Act and includes legislative findings. Amends the Court of Claims Act. Removes the $100,000 limit on awards in tort cases. Provides that the changes apply to cases filed on or after July 1, 2015. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Passed) 2018-11-29 - Public Act . . . . . . . . . 100-1124 [SB2481 Detail]

Download: Illinois-2017-SB2481-Engrossed.html

---

SB2481 Engrossed LRB100 17648 HEP 32819 b
AN ACT concerning courts.
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 8, 16, 18, 21, 22, and 24 as follows:
(705 ILCS 505/8) (from Ch. 37, par. 439.8)
Sec. 8. Court of Claims jurisdiction; deliberation
periods. 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 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 when the person imprisoned received a
pardon from the governor stating that such pardon is issued on

SB2481 Engrossed - 2 - LRB100 17648 HEP 32819 b
the ground of innocence of the crime for which he or she was
imprisoned or he or she received a certificate of innocence
from the Circuit Court as provided in Section 2-702 of the Code
of Civil Procedure; provided, the amount of the award is at the
discretion of the court; and provided, the court shall make no
award in excess of the following amounts: for imprisonment of 5
years or less, not more than $85,350; for imprisonment of 14
years or less but over 5 years, not more than $170,000; for
imprisonment of over 14 years, not more than $199,150; and
provided further, the court shall fix attorney's fees not to
exceed 25% of the award granted. On or after the effective date
of this amendatory Act of the 95th General Assembly, 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 the annual
adjustments, if the Consumer Price Index decreases during a
calendar year, there shall be no adjustment for that calendar
year. The transmission by the Prisoner Review Board or the
clerk of the circuit court of the information described in
Section 11(b) to the clerk of the Court of Claims is conclusive
evidence of the validity of the claim. The changes made by this
amendatory Act of the 95th General Assembly apply to all claims
pending on or filed on or after the effective date.
(d) All claims against the State for damages in cases

SB2481 Engrossed - 3 - LRB100 17648 HEP 32819 b
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 $2,000,000 $100,000 to
or for the benefit of any claimant. The $2,000,000 $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

SB2481 Engrossed - 4 - LRB100 17648 HEP 32819 b
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. The changes to
this Section made by this amendatory Act of the 100th General
Assembly apply only to claims filed on or after July 1, 2015.
The court shall annually adjust the maximum awards
authorized by this subsection 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. The Comptroller shall make the new amount
resulting from each annual adjustment available to the public
via the Comptroller's official website by January 31 of every
year.
(e) All claims for recoupment made by the State of Illinois
against any claimant.
(f) All claims pursuant to the Line of Duty Compensation
Act. A claim under that Act must be heard and determined within
one year after the application for that claim is filed with the
Court as provided in that Act.
(g) All claims filed pursuant to the Crime Victims
Compensation Act.

SB2481 Engrossed - 5 - LRB100 17648 HEP 32819 b
(h) All claims pursuant to the Illinois National
Guardsman's Compensation Act. A claim under that Act must be
heard and determined within one year after the application for
that claim is filed with the Court as provided in that 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. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
(705 ILCS 505/16) (from Ch. 37, par. 439.16)
Sec. 16. Concurrence of judges. Concurrence of 4 judges is
necessary to the decision of any case, except that the
signature of one judge is binding if a decision is entered in a
lapsed appropriation claim in which a motion or stipulation has
been filed or a decision is entered on a Crime Victims
Compensation Act claim. The ; provided, however, the court in
its discretion may assign any case to a commissioner for
hearing and final decision, subject to whatever right of review
the court by rule may choose to exercise. In matters involving
the award of emergency funds under the Crime Victims
Compensation Act, the decision of one judge is necessary to
award emergency funds.
(Source: P.A. 92-286, eff. 1-1-02.)
(705 ILCS 505/18) (from Ch. 37, par. 439.18)

SB2481 Engrossed - 6 - LRB100 17648 HEP 32819 b
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 $50,000 $5,000. 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. 90-492, eff. 8-17-97.)
(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.
A petitioner who is a prisoner in an Illinois Department of
Corrections facility who files a pleading, motion, or other
filing that purports to be a legal document against the State,
the Illinois Department of Corrections, the Prisoner Review
Board, or any of their officers or employees in which the court
makes a specific finding that it is frivolous shall pay all
filing fees and court costs in the manner provided in Article

SB2481 Engrossed - 7 - LRB100 17648 HEP 32819 b
XXII of the Code of Civil Procedure.
In claims based upon lapsed appropriations or lost warrant
or in claims filed under the Line of Duty 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 Department of Healthcare and Family Services, no filing fee
shall be required.
The changes made to this Section by this amendatory Act of
the 100th General Assembly apply only to claims filed on or
after the effective date of this amendatory Act of the 100th
General Assembly.
(Source: P.A. 95-331, eff. 8-21-07.)
(705 ILCS 505/22) (from Ch. 37, par. 439.22)
Sec. 22. Every claim cognizable by the Court and not
otherwise sooner barred by law shall be forever barred from
prosecution therein unless it is filed with the Clerk of the
Court within the time set forth as follows:
(a) All claims arising out of a contract must be filed
within 5 years after it first accrues, saving to minors, and
persons under legal disability at the time the claim accrues,
in which cases the claim must be filed within 5 years from the
time the disability ceases.
(b) All claims cognizable against the State by vendors of

SB2481 Engrossed - 8 - LRB100 17648 HEP 32819 b
goods or services under "The Illinois Public Aid Code",
approved April 11, 1967, as amended, must file within one year
after the accrual of the cause of action, as provided in
Section 11-13 of that Code.
(c) All claims arising under paragraph (c) of Section 8 of
this Act must be automatically heard by the court within 120
days after the person asserting such claim is either issued a
certificate of innocence from the Circuit Court as provided in
Section 2-702 of the Code of Civil Procedure, or is granted a
pardon by the Governor, whichever occurs later, without the
person asserting the claim being required to file a petition
under Section 11 of this Act, except as otherwise provided by
the Crime Victims Compensation Act. Any claims filed by the
claimant under paragraph (c) of Section 8 of this Act must be
filed within 2 years after the person asserting such claim is
either issued a certificate of innocence as provided in Section
2-702 of the Code of Civil Procedure, or is granted a pardon by
the Governor, whichever occurs later.
(d) All claims arising under paragraph (f) of Section 8 of
this Act must be filed within the time set forth in Section 3
of the Line of Duty Compensation Act.
(e) All claims arising under paragraph (h) of Section 8 of
this Act must be filed within one year of the date of the death
of the guardsman or militiaman as provided in Section 3 of the
"Illinois National Guardsman's and Naval Militiaman's
Compensation Act", approved August 12, 1971, as amended.

SB2481 Engrossed - 9 - LRB100 17648 HEP 32819 b
(f) All claims arising under paragraph (g) of Section 8 of
this Act must be filed within one year of the crime on which a
claim is based as provided in Section 6.1 of the "Crime Victims
Compensation Act", approved August 23, 1973, as amended.
(g) All claims arising from the Comptroller's refusal to
issue a replacement warrant pursuant to Section 10.10 of the
State Comptroller Act must be filed within 5 years after the
date of the Comptroller's refusal issue date of such warrant.
(h) All other claims must be filed within 2 years after it
first accrues, saving to minors, and persons under legal
disability at the time the claim accrues, in which case the
claim must be filed within 2 years from the time the disability
ceases.
(i) The changes made by Public Act 86-458 this amendatory
Act of 1989 shall apply to all warrants issued within the 5
year period preceding August 31, 1989 (the effective date of
Public Act 86-458) this amendatory Act of 1989. The changes
made to this Section by this amendatory Act of the 100th
General Assembly apply to claims pending on the effective date
of this amendatory Act of the 100th General Assembly and to
claims filed thereafter.
(j) All time limitations established under this Act and the
rules promulgated under this Act shall be binding and
jurisdictional, except upon extension authorized by law or rule
and granted pursuant to a motion timely filed.
(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08;

SB2481 Engrossed - 10 - LRB100 17648 HEP 32819 b
96-328, eff. 8-11-09.)
(705 ILCS 505/24) (from Ch. 37, par. 439.24)
Sec. 24. Payment of awards.
(1) 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 Line of Duty
Compensation Act.
(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.
(d-5) All claims against the State for unjust
imprisonment as provided in subsection (c) of Section 8 of
this Act.
(e) All other claims wherein the amount of the award of
the Court is less than $50,000 $5,000.
(2) The court may, from funds specifically appropriated
from the General Revenue Fund for this purpose, direct the
payment of awards less than $50,000 solely as a result of the
lapsing of an appropriation originally made from any fund held

SB2481 Engrossed - 11 - LRB100 17648 HEP 32819 b
by the State Treasurer. For any such award paid from the
General Revenue Fund, the court shall thereafter seek an
appropriation from the fund from which the liability originally
accrued in reimbursement of the General Revenue Fund.
(3) In directing payment of a claim pursuant to the Line of
Duty Compensation Act, the Court must direct the Comptroller to
add an interest penalty if payment of a claim is not made
within 6 months after a claim is filed in accordance with
Section 3 of the Line of Duty Compensation Act and all
information has been submitted as required under Section 4 of
the Line of Duty Compensation Act. If payment is not issued
within the 6-month period, an interest penalty of 1% of the
amount of the award shall be added for each month or fraction
thereof after the end of the 6-month period, until final
payment is made. This interest penalty shall be added
regardless of whether the payment is not issued within the
6-month period because of the appropriation process, the
consideration of the matter by the Court, or any other reason.
(3.5) The interest penalty payment provided for in
subsection (3) shall be added to all claims for which benefits
were not paid as of the effective date of P.A. 95-928. The
interest penalty shall be calculated starting from the
effective date of P.A. 95-928, provided that the effective date
of P.A. 95-928 is at least 6 months after the date on which the
claim was filed in accordance with Section 3 of the Line of
Duty Compensation Act. In the event that the date 6 months

SB2481 Engrossed - 12 - LRB100 17648 HEP 32819 b
after the date on which the claim was filed is later than the
effective date of P.A. 95-928, the Court shall calculate the
interest payment penalty starting from the date 6 months after
the date on which the claim was filed in accordance with
Section 3 of the Line of Duty Compensation Act. This subsection
(3.5) of this amendatory Act of the 96th General Assembly is
declarative of existing law.
(3.6) In addition to the interest payments provided for in
subsections (3) and (3.5), the Court shall direct the
Comptroller to add a "catch-up" payment to the claims of
eligible claimants. For the purposes of this subsection (3.6),
an "eligible claimant" is a claimant whose claim is not paid in
the year in which it was filed. For purposes of this subsection
(3.6), "'catch-up' payment" is defined as the difference
between the amount paid to claimants whose claims were filed in
the year in which the eligible claimant's claim is paid and the
amount paid to claimants whose claims were filed in the year in
which the eligible claimant filed his or her claim. The
"catch-up" payment is payable simultaneously with the claim
award.
(4) From funds appropriated by the General Assembly for the
purposes of paying claims under paragraph (c) of Section 8, the
court must direct payment of each claim and the payment must be
received by the claimant within 60 days after the date that the
funds are appropriated for that purpose.
(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08;

SB2481 Engrossed - 13 - LRB100 17648 HEP 32819 b
96-328, eff. 8-11-09; 96-539, eff. 1-1-10.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.