Illinois 2025-2026 Regular Session

Illinois House Bill HB1576 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB1576 EngrossedLRB104 06298 JRC 16333 b HB1576 Engrossed LRB104 06298 JRC 16333 b
2		-	HB1576 Engrossed LRB104 06298 JRC 16333 b
	1	+	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. 439.2705 ILCS 505/4 from Ch. 37, par. 439.4705 ILCS 505/6 from Ch. 37, par. 439.6705 ILCS 505/9 from Ch. 37, par. 439.9705 ILCS 505/13 from Ch. 37, par. 439.13705 ILCS 505/21 from Ch. 37, par. 439.21705 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. LRB104 06298 JRC 16333 b A BILL FOR 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. 439.2705 ILCS 505/4 from Ch. 37, par. 439.4705 ILCS 505/6 from Ch. 37, par. 439.6705 ILCS 505/9 from Ch. 37, par. 439.9705 ILCS 505/13 from Ch. 37, par. 439.13705 ILCS 505/21 from Ch. 37, par. 439.21705 ILCS 505/22 from Ch. 37, par. 439.22 705 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. LRB104 06298 JRC 16333 b LRB104 06298 JRC 16333 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1576 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
	3	+	705 ILCS 505/2 from Ch. 37, par. 439.2705 ILCS 505/4 from Ch. 37, par. 439.4705 ILCS 505/6 from Ch. 37, par. 439.6705 ILCS 505/9 from Ch. 37, par. 439.9705 ILCS 505/13 from Ch. 37, par. 439.13705 ILCS 505/21 from Ch. 37, par. 439.21705 ILCS 505/22 from Ch. 37, par. 439.22 705 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
	4	+	705 ILCS 505/2 from Ch. 37, par. 439.2
	5	+	705 ILCS 505/4 from Ch. 37, par. 439.4
	6	+	705 ILCS 505/6 from Ch. 37, par. 439.6
	7	+	705 ILCS 505/9 from Ch. 37, par. 439.9
	8	+	705 ILCS 505/13 from Ch. 37, par. 439.13
	9	+	705 ILCS 505/21 from Ch. 37, par. 439.21
	10	+	705 ILCS 505/22 from Ch. 37, par. 439.22
	11	+	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.
	12	+	LRB104 06298 JRC 16333 b LRB104 06298 JRC 16333 b
	13	+	LRB104 06298 JRC 16333 b
	14	+	A BILL FOR
	15	+	HB1576LRB104 06298 JRC 16333 b HB1576 LRB104 06298 JRC 16333 b
	16	+	HB1576 LRB104 06298 JRC 16333 b
3	17		1 AN ACT concerning government.
4	18		2 Be it enacted by the People of the State of Illinois,
5	19		3 represented in the General Assembly:
6	20		4 Section 5. The Court of Claims Act is amended by changing
7	21		5 Sections 2, 4, 6, 9, 13, 21, and 22 as follows:
8	22		6 (705 ILCS 505/2) (from Ch. 37, par. 439.2)
9	23		7 Sec. 2. Terms and Appointment of Successor Judges. Judges
10	24		8 appointed by the Governor with the advice and consent of the
11	25		9 Senate under Section 1 of this Act shall hold office for a term
12	26		10 of 6 years and until their successors are appointed and
13	27		11 qualified. Upon the expiration of the terms of office of the
14	28		12 incumbent judges the Governor shall appoint their successors
15	29		13 by and with the consent of the Senate for terms of 2, 4 and 6
16	30		14 years commencing on the third Monday in January of the year
17	31		15 1953. Of the 2 new members first appointed after the effective
18	32		16 date of this amendatory Act of 1983, one shall be appointed to
19	33		17 an initial term ending the third Monday in January, 1986, and
20	34		18 one shall be appointed to an initial term ending on the third
21	35		19 Monday in January, 1988. Of the 2 members first appointed
22	36		20 after the effective date of this amendatory Act of 1986, one
23	37		21 shall be appointed to an initial term ending the third Monday
24	38		22 in January, 1989, and one shall be appointed to an initial term
25	39		23 ending on the third Monday in January, 1991. After the
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	43	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1576 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
	44	+	705 ILCS 505/2 from Ch. 37, par. 439.2705 ILCS 505/4 from Ch. 37, par. 439.4705 ILCS 505/6 from Ch. 37, par. 439.6705 ILCS 505/9 from Ch. 37, par. 439.9705 ILCS 505/13 from Ch. 37, par. 439.13705 ILCS 505/21 from Ch. 37, par. 439.21705 ILCS 505/22 from Ch. 37, par. 439.22 705 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
	45	+	705 ILCS 505/2 from Ch. 37, par. 439.2
	46	+	705 ILCS 505/4 from Ch. 37, par. 439.4
	47	+	705 ILCS 505/6 from Ch. 37, par. 439.6
	48	+	705 ILCS 505/9 from Ch. 37, par. 439.9
	49	+	705 ILCS 505/13 from Ch. 37, par. 439.13
	50	+	705 ILCS 505/21 from Ch. 37, par. 439.21
	51	+	705 ILCS 505/22 from Ch. 37, par. 439.22
	52	+	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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	54	+	LRB104 06298 JRC 16333 b
	55	+	A BILL FOR
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	61	+	705 ILCS 505/2 from Ch. 37, par. 439.2
	62	+	705 ILCS 505/4 from Ch. 37, par. 439.4
	63	+	705 ILCS 505/6 from Ch. 37, par. 439.6
	64	+	705 ILCS 505/9 from Ch. 37, par. 439.9
	65	+	705 ILCS 505/13 from Ch. 37, par. 439.13
	66	+	705 ILCS 505/21 from Ch. 37, par. 439.21
	67	+	705 ILCS 505/22 from Ch. 37, par. 439.22
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34	86		1 expiration of the terms of the judges first appointed, each of
35	87		2 their respective successors shall hold office for a term of 6
36	88		3 years and until their successors are appointed and qualified.
37	89		4 (Source: P.A. 84-1240.)
38	90		5 (705 ILCS 505/4) (from Ch. 37, par. 439.4)
39	91		6 Sec. 4. Each judge shall receive an annual salary of: Each
40	92		7 judge shall receive an annual salary as set by the
41	93		8 Compensation Review Board. $20,900 from the third Monday in
42	94		9 January, 1979 to the third Monday in January, 1980; $22,100
43	95		10 from the third Monday in January, 1980 to the third Monday in
44	96		11 January, 1981; $23,400 from the third Monday in January, 1981
45	97		12 to the third Monday in January, 1982, and $25,000 thereafter,
46	98		13 or as set by the Compensation Review Board, whichever is
47	99		14 greater, payable in equal monthly installments.
48	100		15 (Source: P.A. 83-1177.)
49	101		16 (705 ILCS 505/6) (from Ch. 37, par. 439.6)
50	102		17 Sec. 6. The court shall hold sessions at such places or
51	103		18 remotely as it deems necessary to expedite the business of the
52	104		19 court.
53	105		20 (Source: P.A. 90-492, eff. 8-17-97.)
54	106		21 (705 ILCS 505/9) (from Ch. 37, par. 439.9)
55	107		22 Sec. 9. The court may: A. Establish rules for its
56	108		23 government and for the regulation of practice therein; appoint
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67	119		1 commissioners to assist the court in such manner as it directs
68	120		2 and discharge them at will; and exercise such powers as are
69	121		3 necessary to carry into effect the powers granted in this
70	122		4 Section. Any Commissioner appointed shall be an attorney
71	123		5 licensed to practice law in the State of Illinois. The rules
72	124		6 established hereunder shall not be waived, and any extension
73	125		7 of time authorized by such rules shall only be allowed on
74	126		8 motion duly filed within the time limitation for which the
75	127		9 extension is requested.
76	128		10 B. Issue subpoenas through the Chief Justice or one of its
77	129		11 judges or commissioners to require the attendance of witnesses
78	130		12 for the purpose of testifying before it, or before any judge of
79	131		13 the court, or before any notary public, or any of its
80	132		14 commissioners, and to require the production of any books,
81	133		15 records, papers or documents that may be material or relevant
82	134		16 as evidence in any matter pending before it. In case any person
83	135		17 refuses to comply with any subpoena issued in the name of the
84	136		18 chief justice, or one of the judges or commissioners, attested
85	137		19 by the clerk, with the seal of the court attached, and served
86	138		20 upon the person named therein as a summons in a civil action is
87	139		21 served, the circuit court of the proper county, on application
88	140		22 of the party at whose instance the subpoena was issued, shall
89	141		23 compel obedience by attachment proceedings, as for contempt,
90	142		24 as in a case of a disobedience of the requirements of a
91	143		25 subpoena from such court on a refusal to testify therein.
92	144		26 C. The court may adopt administrative rules to provide for
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103	155		1 remote or electronic filing of a claim or other motion,
104	156		2 participation in any capacity before the court, taking of
105	157		3 evidence or testimony, conducting any business of the court,
106	158		4 or payment of any fees to the court.
107	159		5 (Source: P.A. 83-865.)
108	160		6 (705 ILCS 505/13) (from Ch. 37, par. 439.13)
109	161		7 Sec. 13. Any judge or commissioner of the court may sit at
110	162		8 any place within the State or may remotely to take evidence in
111	163		9 or conduct any case in the court.
112	164		10 (Source: Laws 1945, p. 660.)
113	165		11 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
114	166		12 Sec. 21. The court is authorized to impose, by uniform
115	167		13 rules, a fee of $15 for the filing of a petition in any case in
116	168		14 which the award sought is more than $50 and less than $1,000
117	169		15 and $35 in any case in which the award sought is $1,000 or
118	170		16 more; and to charge and collect for copies of opinions or other
119	171		17 documents filed in the Court of Claims such fees as may be
120	172		18 prescribed by the rules of the Court. All fees and charges so
121	173		19 collected shall be forthwith paid into the State Treasury. The
122	174		20 Court may determine the form and manner of all filing fees and
123	175		21 other charges due the court by administrative rule.
124	176		22 A petitioner who is a prisoner in an Illinois Department
125	177		23 of Corrections facility who files a pleading, motion, or other
126	178		24 filing that purports to be a legal document against the State,
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137	189		1 the Illinois Department of Corrections, the Prisoner Review
138	190		2 Board, or any of their officers or employees in which the court
139	191		3 makes a specific finding that it is frivolous shall pay all
140	192		4 filing fees and court costs in the manner provided in Article
141	193		5 XXII of the Code of Civil Procedure.
142	194		6 In claims based upon lapsed appropriations or lost warrant
143	195		7 or in claims filed under the Line of Duty Compensation Act, the
144	196		8 Illinois National Guardsman's Compensation Act, or the Crime
145	197		9 Victims Compensation Act or in claims filed by medical vendors
146	198		10 for medical services rendered by the claimant to persons
147	199		11 eligible for Medical Assistance under programs administered by
148	200		12 the Department of Healthcare and Family Services, no filing
149	201		13 fee shall be required.
150	202		14 (Source: P.A. 95-331, eff. 8-21-07.)
151	203		15 (705 ILCS 505/22) (from Ch. 37, par. 439.22)
152	204		16 Sec. 22. Every claim cognizable by the court and not
153	205		17 otherwise sooner barred by law shall be forever barred from
154	206		18 prosecution therein unless it is filed with the clerk of the
155	207		19 court within the time set forth as follows:
156	208		20 (a) All claims arising out of a contract must be filed
157	209		21 within 5 years after it first accrues, saving to minors,
158	210		22 and persons under legal disability at the time the claim
159	211		23 accrues, in which cases the claim must be filed within 5
160	212		24 years from the time the disability ceases.
161	213		25 (b) All claims cognizable against the State by vendors
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172	224		1 of goods or services under the Illinois Public Aid Code
173	225		2 must be filed within one year after the accrual of the
174	226		3 cause of action, as provided in Section 11-13 of that
175	227		4 Code.
176	228		5 (c) All claims arising under paragraph (c) of Section
177	229		6 8 of this Act must be automatically heard by the court
178	230		7 within 120 days after the person asserting such claim is
179	231		8 either issued a certificate of innocence from the circuit
180	232		9 court as provided in Section 2-702 of the Code of Civil
181	233		10 Procedure, or is granted a pardon by the Governor,
182	234		11 whichever occurs later, without the person asserting the
183	235		12 claim being required to file a petition under Section 11
184	236		13 of this Act, except as otherwise provided by the Crime
185	237		14 Victims Compensation Act. Any claims filed by the claimant
186	238		15 under paragraph (c) of Section 8 of this Act must be filed
187	239		16 within 2 years after the person asserting such claim is
188	240		17 either issued a certificate of innocence as provided in
189	241		18 Section 2-702 of the Code of Civil Procedure, or is
190	242		19 granted a pardon by the Governor, whichever occurs later.
191	243		20 (d) All claims arising under paragraph (f) of Section
192	244		21 8 of this Act must be filed within the time set forth in
193	245		22 Section 3 of the Line of Duty Compensation Act.
194	246		23 (e) All claims arising under paragraph (h) of Section
195	247		24 8 of this Act must be filed within one year of the date of
196	248		25 the death of the guardsman or militiaman as provided in
197	249		26 Section 3 of the Illinois National Guardsman's
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208		-	1 Compensation Act.
209		-	2 (f) All claims arising under paragraph (g) of Section
210		-	3 8 of this Act must be filed within 5 years one year of the
211		-	4 crime on which a claim is based as provided in Section 6.1
212		-	5 of the Crime Victims Compensation Act.
213		-	6 (g) All claims arising from the Comptroller's refusal
214		-	7 to issue a replacement warrant pursuant to Section 10.10
215		-	8 of the State Comptroller Act must be filed within 5 years
216		-	9 after the date of the Comptroller's refusal.
217		-	10 (h) All other claims must be filed within 2 years
218		-	11 after it first accrues, saving to minors, and persons
219		-	12 under legal disability at the time the claim accrues, in
220		-	13 which case the claim must be filed within 2 years from the
221		-	14 time the disability ceases.
222		-	15 (i) The changes made by Public Act 86-458 apply to all
223		-	16 warrants issued within the 5-year period preceding August
224		-	17 31, 1989 (the effective date of Public Act 86-458). The
225		-	18 changes made to this Section by Public Act 100-1124 apply
226		-	19 to claims pending on November 27, 2018 (the effective date
227		-	20 of Public Act 100-1124) and to claims filed thereafter.
228		-	21 (j) All time limitations established under this Act
229		-	22 and the rules promulgated under this Act shall be binding
230		-	23 and jurisdictional, except upon extension authorized by
231		-	24 law or rule and granted pursuant to a motion timely filed.
232		-	25 (Source: P.A. 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
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