August
24, 2018
To the
Honorable Members of
The
Illinois Senate,
100th
General Assembly:
Today, I
return Senate Bill 2481 with specific recommendations for change. We need to
balance the need for relieving citizens inadvertently harmed by the state with
the burden to which the state and its taxpayers are subjected through
litigation awards it cannot afford.
When
citizens are inadvertently harmed by the State of Illinois or State employees
performing their duties, they are granted statutory recourse to address those
harms through the Illinois Court of Claims. There are approximately eight
thousand cases filed against the State of Illinois each year, two hundred of
which are for torts. Currently, these tort claims are subject to a cap of
$100,000.
I
recognize that the current law is outdated and in need of adjustment. However,
this adjustment should reflect regional and national averages in order to
properly compensate those who, once properly adjudicated, were found harmed by
the State of Illinois.
This
legislation raises the cap on awards from $100,000 to $2,000,000, effectively
ignoring the impact of vastly expanded future litigation on the fiscal position
of the State and its taxpayers.
The
increase stands out when compared to other large states across America.
Among the largest states in the nation, the cap averages about $350,000 for
individual claims. As proposed, SB 2481 would make Illinois an extreme outlier
when compared to our surrounding states. Wisconsin and Michigan are almost
entirely immune from tort liability. Kentucky caps claims at $250,000; Indiana
at $700,000 and Missouri at $300,000. Iowa has essentially no cap on tort
claims. Further, the increase proposed far outpaces what would be a reasonable
increase based on growth statistics available from the United States Department
of Labor’s Bureau of Labor Statistics. Finally, as proposed, this legislation
could invite frivolous lawsuits and expose taxpayers to hundreds of millions of
dollars of potential damages each year without adequate study or justification.
Understanding
that, I am adjusting the cap to a more reasonable and justifiable $300,000.
Therefore,
pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I
hereby return Senate Bill 2481, entitled “AN ACT concerning courts,” with the
following recommendation for change:
On page
3, line 16, by replacing “$2,000,000” with “$300,000”; and
On page
3, line 17, by replacing “$2,000,000” with “$300,000”.
With
these changes, Senate Bill 2481 will have my approval. I respectfully request
your concurrence.
Sincerely,
Bruce
Rauner
GOVERNOR
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