100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2481

 

Introduced 1/30/2018, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 505/8  from Ch. 37, par. 439.8

    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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. References to Act; legislative findings and
5purpose.
6    (a) This Act may be referred to as the Commitment to
7Justice Act.
8    (b) The General Assembly finds and declares that:
9        (1) Since July of 2015, there have been 3 outbreaks of
10    Legionnaires' disease at the Illinois Veterans Home in
11    Quincy.
12        (2) Since July of 2015, 61 residents and staff have
13    been afflicted with this disease.
14        (3) Since July of 2015, 13 resident veterans have died
15    as a result of contracting Legionnaires' disease at the
16    Quincy Veterans Home.
17        (4) At least 11 veterans' families have brought suit at
18    the Court of Claims seeking redress for the loss of their
19    loved ones resulting from these Legionnaires' outbreaks.
20        (5) Illinois' veterans are heroes that risk their
21    lives, some of whom pay the ultimate price, protecting
22    their fellow Illinoisans' constitutionally-enshrined
23    access to justice, and are owed justice for their service.
24        (6) The Court of Claims Act has jurisdiction over cases

 

 

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1    brought against the State, and has had in place for 46
2    years an arbitrary, inequitable, and unjust limit of
3    $100,000 on tort claims.
4        (7) This $100,000 limit currently ranks among the
5    lowest of the 50 states, more than one-third of which have
6    no limit.
7        (8) This limit has been imposed upon Illinois victims
8    and their families at least 6 times since 2014, and would
9    be applicable to the victims of the Legionnaires' outbreaks
10    at the Quincy Veterans Home and their families.
11        (9) Victims and families harmed by the negligence of
12    the State of Illinois in veterans homes, correctional
13    facilities, Illinois roadways, or other places in which the
14    State conducts business deserve equal access to justice
15    under the law.
16        (10) This limit must be removed from Illinois law to
17    allow victims and their families adequate access to
18    justice.
 
19    Section 5. The Court of Claims Act is amended by changing
20Section 8 as follows:
 
21    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
22    Sec. 8. Court of Claims jurisdiction; deliberation
23periods. The court shall have exclusive jurisdiction to hear
24and determine the following matters:

 

 

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1    (a) All claims against the State founded upon any law of
2the State of Illinois or upon any regulation adopted thereunder
3by an executive or administrative officer or agency; provided,
4however, the court shall not have jurisdiction (i) to hear or
5determine claims arising under the Workers' Compensation Act or
6the Workers' Occupational Diseases Act, or claims for expenses
7in civil litigation, or (ii) to review administrative decisions
8for which a statute provides that review shall be in the
9circuit or appellate court.
10    (b) All claims against the State founded upon any contract
11entered into with the State of Illinois.
12    (c) All claims against the State for time unjustly served
13in prisons of this State when the person imprisoned received a
14pardon from the governor stating that such pardon is issued on
15the ground of innocence of the crime for which he or she was
16imprisoned or he or she received a certificate of innocence
17from the Circuit Court as provided in Section 2-702 of the Code
18of Civil Procedure; provided, the amount of the award is at the
19discretion of the court; and provided, the court shall make no
20award in excess of the following amounts: for imprisonment of 5
21years or less, not more than $85,350; for imprisonment of 14
22years or less but over 5 years, not more than $170,000; for
23imprisonment of over 14 years, not more than $199,150; and
24provided further, the court shall fix attorney's fees not to
25exceed 25% of the award granted. On or after the effective date
26of this amendatory Act of the 95th General Assembly, the court

 

 

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1shall annually adjust the maximum awards authorized by this
2subsection (c) to reflect the increase, if any, in the Consumer
3Price Index For All Urban Consumers for the previous calendar
4year, as determined by the United States Department of Labor,
5except that no annual increment may exceed 5%. For the annual
6adjustments, if the Consumer Price Index decreases during a
7calendar year, there shall be no adjustment for that calendar
8year. The transmission by the Prisoner Review Board or the
9clerk of the circuit court of the information described in
10Section 11(b) to the clerk of the Court of Claims is conclusive
11evidence of the validity of the claim. The changes made by this
12amendatory Act of the 95th General Assembly apply to all claims
13pending on or filed on or after the effective date.
14    (d) All claims against the State for damages in cases
15sounding in tort, if a like cause of action would lie against a
16private person or corporation in a civil suit, and all like
17claims sounding in tort against the Medical Center Commission,
18the Board of Trustees of the University of Illinois, the Board
19of Trustees of Southern Illinois University, the Board of
20Trustees of Chicago State University, the Board of Trustees of
21Eastern Illinois University, the Board of Trustees of Governors
22State University, the Board of Trustees of Illinois State
23University, the Board of Trustees of Northeastern Illinois
24University, the Board of Trustees of Northern Illinois
25University, the Board of Trustees of Western Illinois
26University, or the Board of Trustees of the Illinois

 

 

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1Mathematics and Science Academy; provided, that an award for
2damages in a case sounding in tort, other than certain cases
3involving the operation of a State vehicle described in this
4paragraph, shall not exceed the sum of $100,000 to or for the
5benefit of any claimant. The $100,000 limit prescribed by this
6Section does not apply to an award of damages in any case
7sounding in tort arising out of the operation by a State
8employee of a vehicle owned, leased or controlled by the State.
9The defense that the State or the Medical Center Commission or
10the Board of Trustees of the University of Illinois, the Board
11of Trustees of Southern Illinois University, the Board of
12Trustees of Chicago State University, the Board of Trustees of
13Eastern Illinois University, the Board of Trustees of Governors
14State University, the Board of Trustees of Illinois State
15University, the Board of Trustees of Northeastern Illinois
16University, the Board of Trustees of Northern Illinois
17University, the Board of Trustees of Western Illinois
18University, or the Board of Trustees of the Illinois
19Mathematics and Science Academy is not liable for the
20negligence of its officers, agents, and employees in the course
21of their employment is not applicable to the hearing and
22determination of such claims. The changes to this Section made
23by this amendatory Act of the 100th General Assembly apply to
24cases filed on or after July 1, 2015.
25    (e) All claims for recoupment made by the State of Illinois
26against any claimant.

 

 

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1    (f) All claims pursuant to the Line of Duty Compensation
2Act. A claim under that Act must be heard and determined within
3one year after the application for that claim is filed with the
4Court as provided in that Act.
5    (g) All claims filed pursuant to the Crime Victims
6Compensation Act.
7    (h) All claims pursuant to the Illinois National
8Guardsman's Compensation Act. A claim under that Act must be
9heard and determined within one year after the application for
10that claim is filed with the Court as provided in that Act.
11    (i) All claims authorized by subsection (a) of Section
1210-55 of the Illinois Administrative Procedure Act for the
13expenses incurred by a party in a contested case on the
14administrative level.
15(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.