SB2843 COURT OF CLAIMS-PROCEDURE | Illinois Bill

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2843

Introduced 1/13/2026, by Sen. Michael W. Halpin

SYNOPSIS AS INTRODUCED:

705 ILCS 505/8.2 new
705 ILCS 505/9

from Ch. 37, par. 439.9
705 ILCS 505/10

from Ch. 37, par. 439.10
705 ILCS 505/11

from Ch. 37, par. 439.11
705 ILCS 505/16

from Ch. 37, par. 439.16
705 ILCS 505/19

from Ch. 37, par. 439.19
705 ILCS 505/21

from Ch. 37, par. 439.21
705 ILCS 505/24

from Ch. 37, par. 439.24

Amends the Court of Claims Act. Creates an administrative process for
uncontested claims for vendors arising from contracts with the State.
Requires a State agency to confirm or reject an uncontested claim that is
from a lapsed appropriation and valued at less than $2,500 within 30 days
after being notified in writing by the Attorney General. Provides that if
the State agency does not confirm or reject the claim within that 30-day
period, then the State agency forfeits the right to reject or contest the
claim. Requires the Comptroller, subject to appropriation, then issue
payment to the vendor within 30 days of the court entering such an award.
Provides that if the court determines that it is unable to process such an
uncontested claim because the bill or invoice contains a defect, the court
must notify the vendor in writing of the defect no later than 30 days after
the bill or invoice was first submitted. Provides that if one or more items
on a bill or invoice are disapproved, but not the entire bill or invoice,
then the portion that is not disapproved must be transmitted to the
Comptroller for payment. Changes the filing fees required under the Act as
follows: a fee of $15 for a petition seeking more than $500 but less than
$10,000; and $35 for a petition seeking more than $10,000 or more. Requires
that the court must allow claimants to submit documentation to amend and
cure defects. Makes other changes. Authorizes the Court of Claims to adopt
rules to implement the Act.
LRB104 17175 JRC 30594 b

A BILL FOR

SB2843
LRB104 17175 JRC 30594 b
1

AN ACT concerning civil law.

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

Section 5.
The Court of Claims Act is amended by changing
5
Sections 9, 10, 11, 16, 19, 21, and 24 and by adding Section
6
8.2 as follows:

(705 ILCS 505/8.2 new)
8

Sec. 8.2.
Uncontested contractual claims.
9

(a) A State agency must confirm or reject an uncontested
10
claim arising under subsection (b) of Section 8 of this Act
11
that is from a lapsed appropriation and valued at less than
12
$2,500 within 30 days after being notified in writing of the
13
claim by the Attorney General. If the State agency does not
14
confirm or reject the claim within that 30-day period, then
15
the State agency forfeits the right to reject or contest the
16
claim. Subject to appropriation, the Comptroller must then
17
issue payment to the vendor within 30 days of the court
18
entering an award for a claim described in this Section.
19

(b) If the court determines that it is unable to process an
20
uncontested claim under this Section because the bill or
21
invoice contains a defect, the court must notify the vendor in
22
writing of the defect no later than 30 days after the bill or
23
invoice was first submitted. The notice must identify the

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LRB104 17175 JRC 30594 b
1
defect and any additional information necessary to correct the
2
defect. If one or more items on a bill or invoice are
3
disapproved, but not the entire bill or invoice, then the
4
portion that is not disapproved must be transmitted to the
5
Comptroller for payment. For disapproved portions of a claim,
6
the court must allow vendors to submit documentation to amend
7
and cure defects.
8

(705 ILCS 505/9)

(from Ch. 37, par. 439.9)
11

Sec. 9.
Powers and duties.

The court may:
12

(a) The court shall confirm receipt of a claim to the
13
vendor within 30 days for all claims arising under subsection
14
(b) of Section 8 of this Act.

(b) The court may establish

A. Establish
rules for its
16
government and for the regulation of practice therein; appoint
17
commissioners to assist the court in such manner as it directs
18
and discharge them at will; and exercise such powers as are
19
necessary to carry into effect the powers granted in this
20
Section. Any Commissioner appointed shall be an attorney
21
licensed to practice law in the State of Illinois. The rules
22
established hereunder shall not be waived, and any extension
23
of time authorized by such rules shall only be allowed on
24
motion duly filed within the time limitation for which the
25
extension is requested.

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LRB104 17175 JRC 30594 b
1

B. Issue
subpoenas through the
2
Chief Justice or one of its judges or commissioners to require
3
the attendance of witnesses for the purpose of testifying
4
before it, or before any judge of the court, or before any
5
notary public, or any of its commissioners, and to require the
6
production of any books, records, papers or documents that may
7
be material or relevant as evidence in any matter pending
8
before it. In case any person refuses to comply with any
9
subpoena issued in the name of the chief justice, or one of the
10
judges or commissioners, attested by the clerk, with the seal
11
of the court attached, and served upon the person named
12
therein as a summons in a civil action is served, the circuit
13
court of the proper county, on application of the party at
14
whose instance the subpoena was issued, shall compel obedience
15
by attachment proceedings, as for contempt, as in a case of a
16
disobedience of the requirements of a subpoena from such court
17
on a refusal to testify therein.
18

C.
The court may adopt administrative rules to provide for
19
remote or electronic filing of a claim or other motion,
20
participation in any capacity before the court, taking of
21
evidence or testimony, conducting any business of the court,
22
or payment of any fees to the court.
23
(Source: P.A. 104-188, eff. 1-1-26
.)

(705 ILCS 505/10)

(from Ch. 37, par. 439.10)
25

Sec. 10.
Oaths; administrative determination of claims;

SB2843
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LRB104 17175 JRC 30594 b
1
rules.

(a)
The judges, commissioners and the clerk of the court
3
may administer oaths and affirmations, take acknowledgments of
4
instruments in writing, and give certificates of them.
5

(b) The clerk of the court may administratively determine
6
claims against the State if the claim includes all of the
7
following:
8

(1) the claim arises under subsection (b) of Section 8
9

of this Act;
10

(2) the claim does not arise under an appropriation
11

for the current fiscal year;
12

(3) the relevant State agency concurs in the claim;
13

(4) the amount claimed is less than $2,500; and
14

(5) the Attorney General recommends that the court
15

approve the claim.
16

The relevant State agency shall prepare the record of the
17
claim consisting of all documents required to be filed or
18
submitted to the court and file them with the clerk. The clerk
19
shall consider the claim informally upon the record submitted.
20
If the clerk determines that the claim meets the requirements
21
of this Act, the clerk shall file a statement with the court to
22
that effect. If the clerk finds that the record is inadequate
23
or does not comply with the requirements of this Act, the clerk
24
shall reject the claim. The rejection of a claim under this
25
Section does not bar its resubmission under the court's
26
regular procedure.

SB2843
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LRB104 17175 JRC 30594 b
1
(Source: Laws 1945, p. 660.)

(705 ILCS 505/11)

(from Ch. 37, par. 439.11)
3

Sec. 11.
Filing claims.
4

(a) Except as otherwise provided in subsection (b) of this
5
Section and subsection (4) of Section 24, the claimant shall
6
in all cases set forth fully in his petition the claim, the
7
action thereon, if any, on behalf of the State, what persons
8
are owners
or trustees as defined in Section 3 of the
9
Charitable Trust Act
thereof or interested therein, when and
10
upon what consideration such persons became so interested;
11
that no assignment or transfer of the claim or any part thereof
12
or interest therein has been made, except as stated in the
13
petition; that the claimant is justly entitled to the amount
14
therein claimed from the State of Illinois, after allowing all
15
just credits; and that claimant believes the facts stated in
16
the petition to be true. The petition shall be verified, as to
17
statements of facts, by the affidavit of the claimant, his
18
agent, or attorney.
19

(b) Whenever a person has served a term of imprisonment
20
and has received a pardon by the Governor stating that such
21
pardon was issued on the ground of innocence of the crime for
22
which he or she was imprisoned, the Prisoner Review Board
23
shall transmit this information to the clerk of the Court of
24
Claims, together with the claimant's current address. Whenever
25
a person has served a term of imprisonment and has received a

SB2843
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LRB104 17175 JRC 30594 b
1
certificate of innocence from the Circuit Court as provided in
2
Section 2-702 of the Code of Civil Procedure, the clerk of the
3
issuing Circuit Court shall transmit this information to the
4
clerk of the Court of Claims, together with the claimant's
5
current address. The clerk of the Court of Claims shall
6
immediately docket the case for consideration by the Court of
7
Claims, and shall provide notice to the claimant of such
8
docketing together with all hearing dates and applicable
9
deadlines. The Court of Claims shall hear the case and render a
10
decision within 90 days after its docketing.
11
(Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)

(705 ILCS 505/16)

(from Ch. 37, par. 439.16)
13

Sec. 16.
Concurrence of judges.
Except as provided in
14
Section 10, concurrence

Concurrence
of 4 judges is necessary
15
to the decision of any case; provided, however, the court in
16
its discretion may assign any case to a commissioner for
17
hearing and final decision, subject to whatever right of
18
review the court by rule may choose to exercise. In matters
19
involving the award of emergency funds under the Crime Victims
20
Compensation Act, the decision of one judge is necessary to
21
award emergency funds.
22
(Source: P.A. 92-286, eff. 1-1-02.)

(705 ILCS 505/19)

(from Ch. 37, par. 439.19)
24

Sec. 19.
The Attorney General, or his assistants under his

SB2843
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LRB104 17175 JRC 30594 b
1
direction, shall appear for the defense and protection of the
2
interests of the State of Illinois in all cases filed in the
3
court, and may make claim for recoupment by the State.
Except
4
as provided in Section 8.2, for all claims arising under
5
subsection (b) of Section 8 of this Act:
6

(1) the State agency must confirm or reject in writing
7

the allegations in the claim with the Attorney General's
8

office within 90 days of being contacted by the Attorney
9

General; and
10

(2) the Attorney General must notify the claimant of
11

the State agency's decision and file a stipulation or
12

motion with the Court within 90 days of the State agency
13

confirming or rejecting the claim.

14
(Source: Laws 1945, p. 660.)

(705 ILCS 505/21)

(from Ch. 37, par. 439.21)
16

Sec. 21.
The court is authorized to impose, by uniform
17
rules, a fee of $15 for the filing of a petition in any case in
18
which the award sought is more than
$500

$50
and less than
19
$10,000

$1,000
and $35 in any case in which the award sought is
20
$10,000

$1,000
or more; and to charge and collect for copies of
21
opinions or other documents filed in the Court of Claims such
22
fees as may be prescribed by the rules of the Court. All fees
23
and charges so collected shall be forthwith paid into the
24
State Treasury.
For claims that arise under subsection (b) of
25
Section 8 of this Act, when the clerk issues an order in favor

SB2843
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LRB104 17175 JRC 30594 b
1
of the vendor or the court rules in favor of the vendor, the
2
filing fee shall be refunded to the vendor.
The Court may
3
determine the form and manner of all filing fees and other
4
charges due the court by administrative rule.
5

A petitioner who is a prisoner in an Illinois Department
6
of Corrections facility who files a pleading, motion, or other
7
filing that purports to be a legal document against the State,
8
the Illinois Department of Corrections, the Prisoner Review
9
Board, or any of their officers or employees in which the court
10
makes a specific finding that it is frivolous shall pay all
11
filing fees and court costs in the manner provided in Article
12
XXII of the Code of Civil Procedure.
13

In claims based upon lapsed appropriations or lost warrant
14
or in claims filed under the Line of Duty Compensation Act, the
15
Illinois National Guardsman's Compensation Act, or the Crime
16
Victims Compensation Act or in claims filed by medical vendors
17
for medical services rendered by the claimant to persons
18
eligible for Medical Assistance under programs administered by
19
the Department of Healthcare and Family Services, no filing
20
fee shall be required.
21
(Source: P.A. 104-188, eff. 1-1-26
.)

(705 ILCS 505/24)

(from Ch. 37, par. 439.24)
23

Sec. 24.
Payment of awards.
24

(1) From funds appropriated by the General Assembly for
25
the purposes of this Section the Court may direct immediate

SB2843
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LRB104 17175 JRC 30594 b
1
payment of:
2

(a) All claims arising solely as a result of the
3

lapsing of an appropriation out of which the obligation
4

could have been paid.
5

(b) All claims pursuant to the Line of Duty
6

Compensation Act.
7

Guardsman's and Naval Militiaman's Compensation Act",
9

approved August 12, 1971, as amended.
10

(d) All claims pursuant to the "Crime Victims
11

Compensation Act", approved August 23, 1973, as amended.
12

(d-5) All claims against the State for unjust
13

imprisonment as provided in subsection (c) of Section 8 of
14

this Act.
15

(e) All other claims wherein the amount of the award
16

of the Court is less than $50,000.
17

(2) The court may, from funds specifically appropriated
18
from the General Revenue Fund for this purpose, direct the
19
payment of awards less than
$100,000

$50,000
solely as a
20
result of the lapsing of an appropriation originally made from
21
any fund held by the State Treasurer. For any such award paid
22
from the General Revenue Fund, the court shall thereafter seek
23
an appropriation from the fund from which the liability
24
originally accrued in reimbursement of the General Revenue
25
Fund.
26

(3) In directing payment of a claim pursuant to the Line of

SB2843
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LRB104 17175 JRC 30594 b
1
Duty Compensation Act, the Court must direct the Comptroller
2
to add an interest penalty if payment of a claim is not made
3
within 6 months after a claim is filed in accordance with
4
Section 3 of the Line of Duty Compensation Act and all
5
information has been submitted as required under Section 4 of
6
the Line of Duty Compensation Act. If payment is not issued
7
within the 6-month period, an interest penalty of 1% of the
8
amount of the award shall be added for each month or fraction
9
thereof after the end of the 6-month period, until final
10
payment is made. This interest penalty shall be added
11
regardless of whether the payment is not issued within the
12
6-month period because of the appropriation process, the
13
consideration of the matter by the Court, or any other reason.
14

(3.5) The interest penalty payment provided for in
15
subsection (3) shall be added to all claims for which benefits
16
were not paid as of the effective date of P.A. 95-928. The
17
interest penalty shall be calculated starting from the
18
effective date of P.A. 95-928, provided that the effective
19
date of P.A. 95-928 is at least 6 months after the date on
20
which the claim was filed in accordance with Section 3 of the
21
Line of Duty Compensation Act. In the event that the date 6
22
months after the date on which the claim was filed is later
23
than the effective date of P.A. 95-928, the Court shall
24
calculate the interest payment penalty starting from the date
25
6 months after the date on which the claim was filed in
26
accordance with Section 3 of the Line of Duty Compensation

SB2843
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LRB104 17175 JRC 30594 b
1
Act. This subsection (3.5) of this amendatory Act of the 96th
2
General Assembly is declarative of existing law.
3

(3.6) In addition to the interest payments provided for in
4
subsections (3) and (3.5), the Court shall direct the
5
Comptroller to add a "catch-up" payment to the claims of
6
eligible claimants. For the purposes of this subsection (3.6),
7
an "eligible claimant" is a claimant whose claim is not paid in
8
the year in which it was filed. For purposes of this subsection
9
(3.6), "'catch-up' payment" is defined as the difference
10
between the amount paid to claimants whose claims were filed
11
in the year in which the eligible claimant's claim is paid and
12
the amount paid to claimants whose claims were filed in the
13
year in which the eligible claimant filed his or her claim. The
14
"catch-up" payment is payable simultaneously with the claim
15
award.
16

(4) From funds appropriated by the General Assembly for
17
the purposes of paying claims under paragraph (c) of Section
18
8, the court must direct payment of each claim and the payment
19
must be received by the claimant within 60 days after the date
20
that the funds are appropriated for that purpose.
21
(Source: P.A. 100-1124, eff. 11-27-18.)

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COURT OF CLAIMS-PROCEDURE

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