Bill Text: IL HB1576 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends Court of Claims Act. Provides that judges appointed by the Governor with the advice and consent of the Senate under the Act shall hold office for a term of 6 years and until their successors are appointed and qualified. Provides that each judge shall receive an annual salary as set by the Compensation Review Board. Authorizes the court to hold sessions and take evidence remotely as it deems necessary to expedite the business of the court. Authorizes the court to adopt administrative rules to provide for remote or electronic filing of a claim or other motion, participation in any capacity before the court, taking of evidence or testimony, conducting any business of the court, or payment of any fees to the court. Authorizes the court to adopt rules determining the form and manner of all filing fees and other charges due the court. Provides that all claims arising under the Act must filed within 5 years (instead of one year) of the crime on which a claim is based under the Crime Victims Compensation Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-22 - Filed with the Clerk by Rep. Terra Costa Howard [HB1576 Detail]

Download: Illinois-2025-HB1576-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1576

Introduced , by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:
705 ILCS 505/2 from Ch. 37, par. 439.2
705 ILCS 505/4 from Ch. 37, par. 439.4
705 ILCS 505/6 from Ch. 37, par. 439.6
705 ILCS 505/9 from Ch. 37, par. 439.9
705 ILCS 505/13 from Ch. 37, par. 439.13
705 ILCS 505/21 from Ch. 37, par. 439.21
705 ILCS 505/22 from Ch. 37, par. 439.22

Amends Court of Claims Act. Provides that judges appointed by the Governor with the advice and consent of the Senate under the Act shall hold office for a term of 6 years and until their successors are appointed and qualified. Provides that each judge shall receive an annual salary as set by the Compensation Review Board. Authorizes the court to hold sessions and take evidence remotely as it deems necessary to expedite the business of the court. Authorizes the court to adopt administrative rules to provide for remote or electronic filing of a claim or other motion, participation in any capacity before the court, taking of evidence or testimony, conducting any business of the court, or payment of any fees to the court. Authorizes the court to adopt rules determining the form and manner of all filing fees and other charges due the court. Provides that all claims arising under the Act must filed within 5 years (instead of one year) of the crime on which a claim is based under the Crime Victims Compensation Act.
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A BILL FOR

HB1576LRB104 06298 JRC 16333 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Court of Claims Act is amended by changing
5Sections 2, 4, 6, 9, 13, 21, and 22 as follows:
6 (705 ILCS 505/2) (from Ch. 37, par. 439.2)
7 Sec. 2. Terms and Appointment of Successor Judges. Judges
8appointed by the Governor with the advice and consent of the
9Senate under Section 1 of this Act shall hold office for a term
10of 6 years and until their successors are appointed and
11qualified. Upon the expiration of the terms of office of the
12incumbent judges the Governor shall appoint their successors
13by and with the consent of the Senate for terms of 2, 4 and 6
14years commencing on the third Monday in January of the year
151953. Of the 2 new members first appointed after the effective
16date of this amendatory Act of 1983, one shall be appointed to
17an initial term ending the third Monday in January, 1986, and
18one shall be appointed to an initial term ending on the third
19Monday in January, 1988. Of the 2 members first appointed
20after the effective date of this amendatory Act of 1986, one
21shall be appointed to an initial term ending the third Monday
22in January, 1989, and one shall be appointed to an initial term
23ending on the third Monday in January, 1991. After the

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1expiration of the terms of the judges first appointed, each of
2their respective successors shall hold office for a term of 6
3years and until their successors are appointed and qualified.
4(Source: P.A. 84-1240.)
5 (705 ILCS 505/4) (from Ch. 37, par. 439.4)
6 Sec. 4. Each judge shall receive an annual salary of: Each
7judge shall receive an annual salary as set by the
8Compensation Review Board. $20,900 from the third Monday in
9January, 1979 to the third Monday in January, 1980; $22,100
10from the third Monday in January, 1980 to the third Monday in
11January, 1981; $23,400 from the third Monday in January, 1981
12to the third Monday in January, 1982, and $25,000 thereafter,
13or as set by the Compensation Review Board, whichever is
14greater, payable in equal monthly installments.
15(Source: P.A. 83-1177.)
16 (705 ILCS 505/6) (from Ch. 37, par. 439.6)
17 Sec. 6. The court shall hold sessions at such places or
18remotely as it deems necessary to expedite the business of the
19court.
20(Source: P.A. 90-492, eff. 8-17-97.)
21 (705 ILCS 505/9) (from Ch. 37, par. 439.9)
22 Sec. 9. The court may: A. Establish rules for its
23government and for the regulation of practice therein; appoint

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1commissioners to assist the court in such manner as it directs
2and discharge them at will; and exercise such powers as are
3necessary to carry into effect the powers granted in this
4Section. Any Commissioner appointed shall be an attorney
5licensed to practice law in the State of Illinois. The rules
6established hereunder shall not be waived, and any extension
7of time authorized by such rules shall only be allowed on
8motion duly filed within the time limitation for which the
9extension is requested.
10 B. Issue subpoenas through the Chief Justice or one of its
11judges or commissioners to require the attendance of witnesses
12for the purpose of testifying before it, or before any judge of
13the court, or before any notary public, or any of its
14commissioners, and to require the production of any books,
15records, papers or documents that may be material or relevant
16as evidence in any matter pending before it. In case any person
17refuses to comply with any subpoena issued in the name of the
18chief justice, or one of the judges or commissioners, attested
19by the clerk, with the seal of the court attached, and served
20upon the person named therein as a summons in a civil action is
21served, the circuit court of the proper county, on application
22of the party at whose instance the subpoena was issued, shall
23compel obedience by attachment proceedings, as for contempt,
24as in a case of a disobedience of the requirements of a
25subpoena from such court on a refusal to testify therein.
26 C. The court may adopt administrative rules to provide for

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1remote or electronic filing of a claim or other motion,
2participation in any capacity before the court, taking of
3evidence or testimony, conducting any business of the court,
4or payment of any fees to the court.
5(Source: P.A. 83-865.)
6 (705 ILCS 505/13) (from Ch. 37, par. 439.13)
7 Sec. 13. Any judge or commissioner of the court may sit at
8any place within the State or may remotely to take evidence in
9or conduct any case in the court.
10(Source: Laws 1945, p. 660.)
11 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
12 Sec. 21. The court is authorized to impose, by uniform
13rules, a fee of $15 for the filing of a petition in any case in
14which the award sought is more than $50 and less than $1,000
15and $35 in any case in which the award sought is $1,000 or
16more; and to charge and collect for copies of opinions or other
17documents filed in the Court of Claims such fees as may be
18prescribed by the rules of the Court. All fees and charges so
19collected shall be forthwith paid into the State Treasury. The
20Court may determine the form and manner of all filing fees and
21other charges due the court by administrative rule.
22 A petitioner who is a prisoner in an Illinois Department
23of Corrections facility who files a pleading, motion, or other
24filing that purports to be a legal document against the State,

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1the Illinois Department of Corrections, the Prisoner Review
2Board, or any of their officers or employees in which the court
3makes a specific finding that it is frivolous shall pay all
4filing fees and court costs in the manner provided in Article
5XXII of the Code of Civil Procedure.
6 In claims based upon lapsed appropriations or lost warrant
7or in claims filed under the Line of Duty Compensation Act, the
8Illinois National Guardsman's Compensation Act, or the Crime
9Victims Compensation Act or in claims filed by medical vendors
10for medical services rendered by the claimant to persons
11eligible for Medical Assistance under programs administered by
12the Department of Healthcare and Family Services, no filing
13fee shall be required.
14(Source: P.A. 95-331, eff. 8-21-07.)
15 (705 ILCS 505/22) (from Ch. 37, par. 439.22)
16 Sec. 22. Every claim cognizable by the court and not
17otherwise sooner barred by law shall be forever barred from
18prosecution therein unless it is filed with the clerk of the
19court within the time set forth as follows:
20 (a) All claims arising out of a contract must be filed
21 within 5 years after it first accrues, saving to minors,
22 and persons under legal disability at the time the claim
23 accrues, in which cases the claim must be filed within 5
24 years from the time the disability ceases.
25 (b) All claims cognizable against the State by vendors

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1 of goods or services under the Illinois Public Aid Code
2 must be filed within one year after the accrual of the
3 cause of action, as provided in Section 11-13 of that
4 Code.
5 (c) All claims arising under paragraph (c) of Section
6 8 of this Act must be automatically heard by the court
7 within 120 days after the person asserting such claim is
8 either issued a certificate of innocence from the circuit
9 court as provided in Section 2-702 of the Code of Civil
10 Procedure, or is granted a pardon by the Governor,
11 whichever occurs later, without the person asserting the
12 claim being required to file a petition under Section 11
13 of this Act, except as otherwise provided by the Crime
14 Victims Compensation Act. Any claims filed by the claimant
15 under paragraph (c) of Section 8 of this Act must be filed
16 within 2 years after the person asserting such claim is
17 either issued a certificate of innocence as provided in
18 Section 2-702 of the Code of Civil Procedure, or is
19 granted a pardon by the Governor, whichever occurs later.
20 (d) All claims arising under paragraph (f) of Section
21 8 of this Act must be filed within the time set forth in
22 Section 3 of the Line of Duty Compensation Act.
23 (e) All claims arising under paragraph (h) of Section
24 8 of this Act must be filed within one year of the date of
25 the death of the guardsman or militiaman as provided in
26 Section 3 of the Illinois National Guardsman's

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