Bill Text: IL HB4534 | 2017-2018 | 100th General Assembly | Introduced

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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: Partisan Bill (Democrat 5-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4534 Detail]

Download: Illinois-2017-HB4534-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4534 Introduced , by Rep. Al Riley 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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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. References to Act; legislative findings and
purpose.
(a) This Act may be referred to as the Commitment to
Justice Act.
(b) The General Assembly finds and declares that:
(1) Since July of 2015, there have been 3 outbreaks of
Legionnaires' disease at the Illinois Veterans Home in
Quincy.
(2) Since July of 2015, 61 residents and staff have
been afflicted with this disease.
(3) Since July of 2015, 13 resident veterans have died
as a result of contracting Legionnaires' disease at the
Quincy Veterans Home.
(4) At least 11 veterans' families have brought suit at
the Court of Claims seeking redress for the loss of their
loved ones resulting from these Legionnaires' outbreaks.
(5) Illinois' veterans are heroes that risk their
lives, some of whom pay the ultimate price, protecting
their fellow Illinoisans' constitutionally-enshrined
access to justice, and are owed justice for their service.
(6) The Court of Claims Act has jurisdiction over cases

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brought against the State, and has had in place for 46
years an arbitrary, inequitable, and unjust limit of
$100,000 on tort claims.
(7) This $100,000 limit currently ranks among the
lowest of the 50 states, more than one-third of which have
no limit.
(8) This limit has been imposed upon Illinois victims
and their families at least 6 times since 2014, and would
be applicable to the victims of the Legionnaires' outbreaks
at the Quincy Veterans Home and their families.
(9) Victims and families harmed by the negligence of
the State of Illinois in veterans homes, correctional
facilities, Illinois roadways, or other places in which the
State conducts business deserve equal access to justice
under the law.
(10) This limit must be removed from Illinois law to
allow victims and their families adequate access to
justice.
Section 5. The Court of Claims Act is amended by changing
Section 8 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:

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(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
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

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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
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

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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 $100,000 to or for the
benefit of any claimant. The $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 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 to
cases filed on or after July 1, 2015.
(e) All claims for recoupment made by the State of Illinois
against any claimant.

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(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.
(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.)
Section 99. Effective date. This Act takes effect upon
becoming law.