State of Illinois
91st General Assembly
Legislation

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91_HB0293

 
                                               LRB9101261WHmg

 1        AN ACT in relation to governmental immunity.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Local Government Computer Immunity Act.

 6        Section  5.   Computers;  incorrect  date.  No  cause  of
 7    action, including, without limitation, any  civil  action  or
 8    action  for  declaratory or injunctive relief, may be brought
 9    against a local public entity or public employee on the basis
10    that a computer or other information system that is owned  or
11    operated  by  a  local public entity produced, calculated, or
12    generated an incorrect date, regardless of the cause  of  the
13    error.
14        Any  contract  entered  into  by  or on behalf of a local
15    public entity must include a provision that provides immunity
16    to the local public entity and its public employees  for  any
17    breach  of contract that is caused by an incorrect date being
18    produced, calculated, or generated by  a  computer  or  other
19    information  system  that  is  owned or operated by the local
20    public entity, regardless of the cause of  the  error.    Any
21    contract  subject  to  the provisions of this Section that is
22    entered into on or after the effective date of this  Act  has
23    the  legal  effect of including the immunity required by this
24    Section, and any  provision  of  the  contract  which  is  in
25    conflict with this Section is void.
26        As  used  in  this  Section,  "local  public  entity" and
27    "public employee" have the meanings ascribed to  those  terms
28    in  the  Local  Governmental  and Governmental Employees Tort
29    Immunity Act.

30        Section 905.  The Court  of  Claims  Act  is  amended  by
 
                            -2-                LRB9101261WHmg
 1    changing Sections 8 and 22 as follows:

 2        (705 ILCS 505/8) (from Ch. 37, par. 439.8)
 3        Sec. 8. Court of Claims jurisdiction.
 4        (1)  Except  as  provided  in  subsection  (2), the court
 5    shall have exclusive jurisdiction to hear and  determine  the
 6    following matters:
 7        (a)  All claims against the State founded upon any law of
 8    the   State  of  Illinois  or  upon  any  regulation  adopted
 9    thereunder by  an  executive  or  administrative  officer  or
10    agency;   provided,   however,   the  court  shall  not  have
11    jurisdiction (i) to hear or determine  claims  arising  under
12    the  Workers'  Compensation  Act or the Workers' Occupational
13    Diseases Act, or claims for expenses in civil litigation,  or
14    (ii)  to  review administrative decisions for which a statute
15    provides that review shall be in  the  circuit  or  appellate
16    court.
17        (b)  All  claims  against  the  State  founded  upon  any
18    contract entered into with the State of Illinois.
19        (c)  All  claims  against  the  State  for  time unjustly
20    served in prisons of this State where the persons  imprisoned
21    shall  receive  a  pardon from the governor stating that such
22    pardon is issued on the ground of innocence of the crime  for
23    which they were imprisoned; provided, the court shall make no
24    award in excess of the following amounts: for imprisonment of
25    5  years  or less, not more than $15,000; for imprisonment of
26    14 years or less but over 5 years, not more than $30,000; for
27    imprisonment of over 14 years, not  more  than  $35,000;  and
28    provided  further, the court shall fix attorney's fees not to
29    exceed 25% of the award granted.  On December 31,  1996,  the
30    court  shall make a one-time adjustment in the maximum awards
31    authorized by this subdivision subsection (c), to reflect the
32    increase in the cost of living from the year in  which  these
33    maximum  awards  were  last  adjusted until 1996, but with no
 
                            -3-                LRB9101261WHmg
 1    annual increment exceeding 5%.  Thereafter, the  court  shall
 2    annually   adjust  the  maximum  awards  authorized  by  this
 3    subdivision subsection (c) to reflect the increase,  if  any,
 4    in  the  Consumer Price Index For All Urban Consumers for the
 5    previous calendar year, as determined by  the  United  States
 6    Department  of  Labor,  except  that  no annual increment may
 7    exceed  5%.   For  both  the  one-time  adjustment  and   the
 8    subsequent  annual  adjustments,  if the Consumer Price Index
 9    decreases  during  a  calendar  year,  there  shall   be   no
10    adjustment  for  that  calendar  year.   The  changes made by
11    Public Act 89-689 apply to  all  claims  filed  on  or  after
12    January 1, 1995 that are pending on December 31, 1996 and all
13    claims filed on or after December 31, 1996.
14        (d)  All  claims  against  the State for damages in cases
15    sounding in tort, if a like cause of action would lie against
16    a private person or corporation in a civil suit, and all like
17    claims  sounding  in  tort   against   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; provided, that an award  for
29    damages  in a case sounding in tort, other than certain cases
30    involving the operation of a State vehicle described in  this
31    paragraph, shall not exceed the sum of $100,000 to or for the
32    benefit  of  any  claimant.  The $100,000 limit prescribed by
33    this Section does not apply to an award  of  damages  in  any
34    case sounding in tort arising out of the operation by a State
 
                            -4-                LRB9101261WHmg
 1    employee  of  a  vehicle  owned,  leased or controlled by the
 2    State.  The defense that the  State  or  the  Medical  Center
 3    Commission  or  the  Board  of  Trustees of the University of
 4    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
 5    University,   the   Board   of   Trustees  of  Chicago  State
 6    University,  the  Board  of  Trustees  of  Eastern   Illinois
 7    University,   the   Board  of  Trustees  of  Governors  State
 8    University,  the  Board  of  Trustees   of   Illinois   State
 9    University,  the  Board  of Trustees of Northeastern Illinois
10    University,  the  Board  of  Trustees  of  Northern  Illinois
11    University,  the  Board  of  Trustees  of  Western   Illinois
12    University,   or  the  Board  of  Trustees  of  the  Illinois
13    Mathematics  and  Science  Academy  is  not  liable  for  the
14    negligence of its officers,  agents,  and  employees  in  the
15    course  of  their employment is not applicable to the hearing
16    and determination of such claims.
17        (e)  All claims for  recoupment  made  by  the  State  of
18    Illinois against any claimant.
19        (f)  All claims pursuant to the Law Enforcement Officers,
20    Civil  Defense Workers, Civil Air Patrol Members, Paramedics,
21    Firemen, Chaplains, and State Employees Compensation Act.
22        (g)  All claims  filed  pursuant  to  the  Crime  Victims
23    Compensation Act.
24        (h)  All   claims   pursuant  to  the  Illinois  National
25    Guardsman's Compensation Act.
26        (i)  All claims authorized by subsection (a)  of  Section
27    10-55  of  the  Illinois Administrative Procedure Act for the
28    expenses incurred by a party  in  a  contested  case  on  the
29    administrative level.
30        (2)  The  Court  of Claims shall not have jurisdiction in
31    any action for which immunity is provided under  Section  1.1
32    of the State Lawsuit Immunity Act.
33    (Source:  P.A.  89-4,  eff.  1-1-96;  89-689,  eff. 12-31-96;
34    90-492, eff. 8-17-97.)
 
                            -5-                LRB9101261WHmg
 1        (705 ILCS 505/22) (from Ch. 37, par. 439.22)
 2        Sec. 22.  Every claim cognizable by  the  Court  and  not
 3    otherwise  sooner  barred by law shall be forever barred from
 4    prosecution therein unless it is filed with the Clerk of  the
 5    Court within the time set forth as follows:
 6        (a)  All  claims  arising out of a contract must be filed
 7    within 5 years after it first accrues, saving to minors,  and
 8    persons under legal disability at the time the claim accrues,
 9    in  which  cases  the claim must be filed within 5 years from
10    the time the disability ceases.
11        (b)  All claims cognizable against the State  by  vendors
12    of  goods  or  services under "The Illinois Public Aid Code",
13    approved April 11, 1967, as amended,  must  file  within  one
14    year after the accrual of the cause of action, as provided in
15    Section 11-13 of that Code.
16        (c)  All claims arising under paragraph (c) of subsection
17    (1)  of  Section  8  of this Act must be filed within 2 years
18    after the person asserting  such  claim  is  discharged  from
19    prison,  or  is  granted  a pardon by the Governor, whichever
20    occurs later, except  as  otherwise  provided  by  the  Crime
21    Victims Compensation Act.
22        (d)  All claims arising under paragraph (f) of subsection
23    (1) of Section 8 of this Act must be filed within one year of
24    the  date  of  the  death  of  the law enforcement officer or
25    fireman as provided in Section  3  of  the  "Law  Enforcement
26    Officers  and  Firemen  Compensation Act", approved September
27    30, 1969, as amended.
28        (e)  All claims arising under paragraph (h) of subsection
29    (1) of Section 8 of this Act must be filed within one year of
30    the date of the death  of  the  guardsman  or  militiaman  as
31    provided  in  Section 3 of the "Illinois National Guardsman's
32    and Naval Militiaman's Compensation Act", approved August 12,
33    1971, as amended.
34        (f)  All claims arising under paragraph (g) of subsection
 
                            -6-                LRB9101261WHmg
 1    (1) of Section 8 of this Act must be filed within one year of
 2    the crime on which a claim is based as  provided  in  Section
 3    6.1  of the "Crime Victims Compensation Act", approved August
 4    23, 1973, as amended.
 5        (g)  All claims arising from the Comptroller's refusal to
 6    issue a replacement warrant pursuant to Section 10.10 of  the
 7    State  Comptroller Act must be filed within 5 years after the
 8    issue date of such warrant.
 9        (h)  All other claims must be filed within 2 years  after
10    it  first  accrues, saving to minors, and persons under legal
11    disability at the time the claim accrues, in which  case  the
12    claim  must  be  filed  within  2  years  from  the  time the
13    disability ceases.
14        (i)  The changes made by  this  amendatory  Act  of  1989
15    shall  apply  to all warrants issued within the 5 year period
16    preceding the effective date of this amendatory Act of 1989.
17        (j)  All time limitations established under this Act  and
18    the  rules  promulgated  under  this Act shall be binding and
19    jurisdictional, except upon extension authorized  by  law  or
20    rule and granted pursuant to a motion timely filed.
21    (Source: P.A. 86-458.)

22        Section  910.   The State Lawsuit Immunity Act is amended
23    by adding Section 1.1 as follows:

24        (745 ILCS 5/1.1 new)
25        Sec. 1.1. Computers; incorrect date. No cause of  action,
26    including, without limitation, any civil action or action for
27    declaratory  or injunctive relief, may be brought against the
28    State or any of its agencies, officers, or employees  on  the
29    basis  that  a  computer  or other information system that is
30    owned or operated by  the  State  or  any  of  its  agencies,
31    officers,  or employees produced, calculated, or generated an
32    incorrect date, regardless of the cause of the error.
 
                            -7-                LRB9101261WHmg
 1        Any contract entered into by or on behalf of the State or
 2    any of its agencies, officers, or employees  must  include  a
 3    provision  that  provides  immunity  to  the  State  and  its
 4    agencies,  officers, and employees for any breach of contract
 5    that  is  caused  by  an  incorrect  date   being   produced,
 6    calculated,  or  generated by a computer or other information
 7    system that is owned or operated by the State or any  of  its
 8    agencies,  officers, or employees, regardless of the cause of
 9    the error.  Any contract subject to the  provisions  of  this
10    Section  that  is entered into on or after the effective date
11    of this amendatory Act of the 91st General Assembly  has  the
12    legal  effect  of  including  the  immunity  required by this
13    Section, and any  provision  of  the  contract  which  is  in
14    conflict with this Section is void.

15        Section  915.   The  Local  Governmental and Governmental
16    Employees Tort Immunity Act  is  amended  by  adding  Section
17    2-215 as follows:

18        (745 ILCS 10/2-215 new)
19        Sec.  2-215.  Local Government Computer Immunity Act. The
20    Local Government Computer Immunity Act shall control  in  all
21    matters to which that Act applies.

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