SB2681 93RD GENERAL ASSEMBLY

LRB093 17873 LCB 43555 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2681

Introduced 2/4/2004, by Denny Jacobs

SYNOPSIS AS INTRODUCED:

735 ILCS 5/Art. II Pt. 23 heading new
735 ILCS 5/2-2301 new
735 ILCS 5/2-2310 new
735 ILCS 5/2-2315 new
735 ILCS 5/2-2320 new
735 ILCS 5/2-2325 new
735 ILCS 5/2-2330 new
735 ILCS 5/2-2335 new
735 ILCS 5/2-2340 new
735 ILCS 5/2-2345 new
735 ILCS 5/2-2350 new
735 ILCS 5/2-2355 new
735 ILCS 5/2-2360 new
735 ILCS 5/2-2365 new
735 ILCS 5/2-2370 new
735 ILCS 5/2-2375 new
735 ILCS 5/2-2380 new

Amends the Code of Civil Procedure. Provides that no person shall bring or maintain a tort action alleging an asbestos claim based on a nonmalignant condition in the absence of a prima-facie showing that the exposed person has a physical impairment, that the physical impairment is a result of a medical condition, and that the person's exposure to asbestos is a substantial contributing factor to the medical condition. Sets out prima-facie requirements for nonmalignant, cancer, and smokers claims. Provides that no prima-facie showing is required in a tort action alleging an asbestos claim based upon mesothelioma. Requires that the plaintiff in any tort action who alleges an asbestos claim file, within 30 days after filing the complaint or other initial pleading, a written report and supporting test results constituting prima-facie evidence of the exposed person's physical impairment that meets the minimum requirements. Limits the liability of successors of a corporation for asbestos-related claims. Effective immediately.

A BILL FOR

AN ACT concerning asbestos.

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

Section 5. The Code of Civil Procedure is amended by adding the heading of Article II Pt. 23 and Sections 2-2301, 2-2310, 2-2315, 2-2320, 2-2325, 2-2330, 2-2335, 2-2340, 2-2345, 2-2350, 2-2355, 2-2360, 2-2365, 2-2370, 2-2375, and 2-2380 as follows:

(735 ILCS 5/Art. II Pt. 23 heading new)

PART 23. ASBESTOS ACTIONS

(735 ILCS 5/2-2301 new)

Sec. 2-2301. Definitions. As used in this Part:

"AMA guides to the evaluation of permanent impairment" means the American Medical Association's guides to the evaluation of permanent impairment (fifth edition 2000), as may be modified by the American Medical Association.

"Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered.

"Asbestos claim" means any claim for damages, loss, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos. "Asbestos claim" includes: (i) a claim made by or on behalf of any person who has been exposed to asbestos, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to asbestos; and (ii) a claim for damage or loss to property that is caused by the installation, presence, or removal of asbestos.

"Asbestosis" means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos fibers.

"Board-certified internist" means a physician who is currently certified by the American Board of Internal Medicine.

"Board-certified occupational medicine specialist" means a physician who is currently certified by the American Board of Internal Medicine or the American Board of Preventive Medicine in the specialty of occupational medicine.

"Board-certified oncologist" means a physician who is currently certified by the American Board of Internal Medicine in the subspecialty of medical oncology.

"Board-certified pathologist" means a physician who is currently certified by the American Board of Pathology.

"Board-certified pulmonary specialist" means a physician who is currently certified by the American Board of Internal Medicine in the subspecialty of pulmonary medicine.

"Bodily injury caused by exposure to asbestos" means physical impairment of the exposed person, to which the person's exposure to asbestos is a substantial contributing factor.

"Certified B-reader" means an individual qualified as a "final" or "B-reader" as defined in 42 C.F.R. Section 37.51(b), as amended.

"Civil action" means a suit or claim of a civil nature in a State or federal court, whether cognizable as a case at law or in equity or admiralty. "Civil action" does not include an action relating to any workers' compensation law.

"Corporation" means a corporation for profit, including a domestic corporation that is organized under the laws of this State and a foreign corporation that is organized under laws of another State and that has had a certificate of authority to transact business in this State or has done business in this State.

"Exposed person" means any person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos claim.

"FEV1" means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests.

"FVC" means forced vital capacity that is maximal volume of air expired with maximum effort from a position of full inspiration.

"ILO scale" means the system for the classification of chest x-rays set forth in the International Labour Office's guidelines for the use of ILO International Classification of Radiographs of Pneumoconioses (1980), as amended.

"Lung cancer" means a malignant tumor in which the primary site of origin of the cancer is inside the lungs, but that term does not include mesothelioma.

"Mesothelioma" means a malignant tumor with a primary site of origin in the pleura or the peritoneum, which has been diagnosed by a board-certified pathologist using standardized and accepted criteria of microscopic morphology and appropriate staining techniques.

"Nonmalignant condition" means a condition that is caused or may be caused by asbestos other than a diagnosed cancer.

"Non-smoker" means an exposed person who has not smoked cigarettes or used any other tobacco products within the last 15 years.

"Pathological evidence of asbestosis" means a statement by a board-certified pathologist that more than one representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies and that there is no other more likely explanation for the presence of the fibrosis.

"Physical impairment" means a nonmalignant condition, lung cancer, or cancer of the colon, rectum, larynx, pharynx, esophagus, or stomach that meets the requirements of this Part.

"Predicted lower limit of normal" means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the AMA guides to the evaluation of permanent impairment.

"Qualified physician" means a physician who is providing a diagnosis for purposes of constituting prima-facie evidence of an exposed person's physical impairment and who meets the following requirements:

(1) The physician is a board-certified internist, pulmonary specialist, oncologist, pathologist, or occupational medicine specialist.

(2) The physician is actually treating or has treated the exposed person and has or had a physician-patient relationship with the person.

(3) The physician spends not more than 10% of the physician's professional practice time in providing consulting or expert services in connection with actual or potential civil actions and the physician's medical group, professional corporation, clinic, or other affiliated group earns not more than 20% of its revenues from providing those services.

(4) The physician is currently licensed to practice and actively practices in the state where the plaintiff's civil action was filed.

(5) The physician receives or received payment for the treatment of the exposed person from that person's HMO or other medical provider.

"Radiological evidence of asbestosis" means a chest x-ray showing small, irregular opacities (s, t) graded by a certified B-reader as at least 1/1 on the ILO scale.

"Radiological evidence of diffuse pleural thickening" means a chest x-ray showing bilateral pleural thickening graded by a certified B-reader as at least B2 on the ILO scale and blunting of at least one costophrenic angle.

"Smoker" means a person who has smoked cigarettes or other tobacco products within the last 15 years.

"Substantial contributing factor" means all of the following:

(1) Exposure to asbestos is the predominate cause of the physical impairment alleged in the asbestos claim.

(2) The exposure to asbestos took place on a regular basis over an extended period of time and in close proximity to the exposed person.

(3) A qualified physician has determined with a reasonable degree of medical certainty that without the asbestos exposures the physical impairment of the exposed person would not have occurred.

"Substantial occupational exposure to asbestos" means employment for a cumulative period of at least 5 years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following:

(1) handled raw asbestos fibers;

(2) fabricated asbestos-containing products so that the person was exposed to raw asbestos fibers in the fabrication process;

(3) altered, repaired, or otherwise worked with an asbestos-containing product in a manner that exposed the person on a regular basis to asbestos fibers; or

(4) worked in close proximity to other workers engaged in any of the activities described in items (1), (2), or (3) above in a manner that exposed the person on a regular basis to asbestos fibers.

"Successor corporation" means a corporation or a subsidiary of a corporation that assumes or incurs, or had assumed or incurred, successor asbestos-related liabilities or had successor asbestos-related liabilities imposed on it by court order.

"Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, if the liabilities are related in any way to asbestos claims and the liabilities are assumed or incurred by a successor as a result of or in connection with an asset purchase, stock purchase, merger, consolidation, or agreement providing for an asset purchase, stock purchase, merger, or consolidation or the agreement of the asset purchase or stock purchase. "Successor asbestos-related liabilities" include any liabilities that, after the effective date of the asset purchase, stock purchase, merger, or consolidation, are paid, otherwise discharged, committed to be paid, or committed to be otherwise discharged by or on behalf of the successor, or by or on behalf of a transferor, in connection with any judgment, settlement, or other discharge of those liabilities in this State or another jurisdiction.

"Tort action" means a civil action for damages for injury, death, or loss to person. "Tort action" includes a product liability claim that is subject to Part 21 of this Article II or an asbestos claim that is subject to this Part. "Tort action" does not include a civil action for damages for a breach of contract or another agreement between persons.

"Total lung capacity" means the volume of air contained in the lungs at the end of a maximal inspiration.

"Transferor" means a corporation or its shareholders from which successor asbestos-related liabilities are or were assumed or incurred by a successor or were imposed by court order on a successor.

"Veterans' benefit program" means any program for benefits in connection with military service administered by the veterans' administration under Title 38 of the United States Code.

"Workers' compensation law" means the Workers' Compensation Act, Workers' Occupational Diseases Act, and any federal law dealing with workers' compensation.

(735 ILCS 5/2-2310 new)

Sec. 2-2310. Physical impairment. Physical impairment of the exposed person, to which the person's exposure to asbestos is a substantial contributing factor, shall be an essential element of an asbestos claim.

(735 ILCS 5/2-2315 new)

Sec. 2-2315. Nonmalignant condition; prima-facie showing. Except as provided in this Part 23, no person shall bring or maintain a tort action alleging an asbestos claim based on a nonmalignant condition in the absence of a prima-facie showing that the exposed person has a physical impairment, that the physical impairment is a result of a medical condition, and that the person's exposure to asbestos is a substantial contributing factor to the medical condition.

(735 ILCS 5/2-2320 new)

Sec. 2-2320. Requirements; nonmalignant; prima-facie showing. A prima-facie showing shall include all of the following requirements:

(1) Evidence verifying that a qualified physician has taken a detailed occupational and exposure history of the exposed person from the exposed person or, if that person is deceased, from the person who is most knowledgeable about the exposures that form the basis of the asbestos claim for a nonmalignant condition, including all of the following:

(A) all of the exposed person's principal places of employment and exposures to airborne contaminants; and

(B) whether each principal place of employment involved exposures to airborne contaminants including, but not limited to, asbestos fibers or other disease causing dusts that can cause pulmonary impairment and, if that type of exposure is involved, the general nature, duration, and general level of the exposure.

(2) Evidence verifying that a qualified physician has taken a detailed medical and smoking history of the exposed person, including a thorough review of the exposed person's past and present medical problems and the most probable causes of those medical problems.

(3) A diagnosis by a qualified physician, based on a medical examination and pulmonary function testing of the exposed person, that all of the following apply to the exposed person:

(A) the exposed person has a permanent respiratory impairment rating of at least class 2 as defined by and evaluated pursuant to the AMA guides to the evaluation of permanent impairment;

(B) the exposed person has asbestosis or diffuse pleural thickening, based at a minimum on radiological or pathological evidence of asbestosis or radiological evidence of diffuse pleural thickening and that this asbestosis or diffuse pleural thickening, rather than solely chronic obstructive pulmonary disease, is a substantial contributing factor to the exposed person's physical impairment, based at a minimum on a determination that the exposed person has any of the following:

(1) a forced vital capacity below the predicted lower limit of normal and a ratio of FEV1 to FVC that is equal to or greater than the predicted lower limit of normal; or

(2) a chest x-ray showing small, irregular opacities (s, t) graded by a certified B-reader at least 2/1 on the ILO scale.

(735 ILCS 5/2-2325 new)

Sec. 2-2325. Lung cancer; smokers. No person shall bring or maintain a tort action alleging an asbestos claim based upon lung cancer of an exposed person who is a smoker, in the absence of a prima-facie showing of all of the following minimum requirements:

(1) A diagnosis by a board-certified internist, board-certified pathologist, board-certified pulmonary specialist, board-certified oncologist, or board-certified occupational medicine specialist that the exposed person has primary lung cancer and that exposure to asbestos is a substantial contributing factor to that cancer.

(2) Evidence that is sufficient to demonstrate that at least 10 years have elapsed from the date of the exposed person's first exposure to asbestos until the date of diagnosis of the exposed person's primary lung cancer.

(3) Either of the following:

(A) In the case of an exposed person who is a non-smoker: (i) radiological or pathological evidence of asbestosis or radiological evidence of diffuse pleural thickening; or (ii) evidence of the exposed person's occupational exposure to asbestos for an applicable minimum exposure period as provided in item (3)(B) of Section 2-2330 of this Part.

(B) In the case of an exposed person who is a smoker: (i) radiological or pathological evidence of asbestosis or radiological evidence of diffuse pleural thickening; and (ii) evidence of the exposed person's occupational exposure to asbestos for an applicable minimum exposure period as provided in subdivision (3)(B) of Section 2-2330 of this Part.

(735 ILCS 5/2-2330 new)

Sec. 2-2330. Cancer claims. No person shall bring or maintain a civil action alleging an asbestos claim based upon cancer of the colon, rectum, larynx, pharynx, esophagus, or stomach, in the absence of a prima-facie showing of all of the following minimum requirements:

(1) A diagnosis by a board-certified internist, board-certified pathologist, board-certified pulmonary specialist, or board-certified oncologist, whichever is appropriate for the type of cancer claimed, that the exposed person has primary colon, rectum, larynx, pharynx, esophagus, or stomach cancer and that exposure to asbestos is a substantial contributing factor to that particular cancer.

(2) Evidence that is sufficient to demonstrate that at least 10 years have elapsed from the date of the exposed person's first exposure to asbestos until the date of diagnosis of the exposed person's particular cancer.

(3) Either of the following requirements:

(A) Radiological or pathological evidence of asbestosis or radiological evidence of diffuse pleural thickening;

(B) Evidence of the exposed person's occupational exposure to asbestos for any of the following applicable minimum exposure periods in the specified occupations:

(i) 5 exposure years for insulators, shipyard workers, workers in manufacturing plants handling raw asbestos, boilermakers, shipfitters, steamfitters, or other trades performing similar functions;

(ii) 10 exposure years for utility and power house workers, secondary manufacturing workers, or other trades performing similar functions; or

(iii) 15 exposure years for general construction, maintenance workers, chemical and refinery workers, marine engine room personnel and other personnel on vessels, stationary engineers and firefighters, railroad engine repair workers, or other trades performing similar functions.

(735 ILCS 5/2-2335 new)

Sec. 2-2335. Mesotheliomia. No prima-facie showing is required in a tort action alleging an asbestos claim based upon mesothelioma.

(735 ILCS 5/2-2340 new)

Sec. 2-2340. Evidence; physical impairment. Evidence relating to physical impairment under this Section, including pulmonary function testing and diffusing studies, shall comply with the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment incorporated in the AMA guides to the evaluation of permanent impairment and reported as set forth in 20 C.F.R. Pt. 404, Subpt. P, App. 1, Part A, Sec. 3.00 E. and F., and the interpretive standards set forth in the official statement of the American Thoracic Society entitled "Lung Function Testing: Selection of Reference Values and Interpretive Strategies" as published in American Review of Respiratory Disease, 1991:144:1202-1218.

(735 ILCS 5/2-2345 new)

Sec. 2-2345. Court decision; prima-facie showing.

(a) The court shall dismiss the plaintiff's claim without prejudice upon a finding of failure to meet the prima-facie showing requirements of Section 2-2315, 2-2320, 2-2325, or 2-2330 of this Part.

(b) All of the following apply to the court's decision on the prima-facie showing that meets the requirements of Section 2-2315, 2-2320, 2-2325, or 2-2330 of this Part:

(1) The court's decision does not result in any presumption at trial that the exposed person has a physical impairment that is caused by an asbestos-related condition.

(2) The court's decision is not conclusive as to the liability of any defendant in the case.

(3) The court's decision is not binding at trial.

(735 ILCS 5/2-2350 new)

Sec. 2-2350. Written report; test results.

(a) The plaintiff in any tort action who alleges an asbestos claim shall file, within 30 days after filing the complaint or other initial pleading, a written report and supporting test results constituting prima-facie evidence of the exposed person's physical impairment that meets the minimum requirements.

(b) The defendant in the case shall be afforded a reasonable opportunity, upon the defendant's motion, to challenge the adequacy of the proffered prima-facie evidence of the physical impairment for failure to comply with the minimum requirements. The defendant has 120 days from the date the prima-facie evidence of the exposed person's physical impairment is proffered to challenge the adequacy of that prima-facie evidence. If the defendant makes that challenge and uses a physician to do so, the physician must be a qualified physician.

(c) For any asbestos claim that is pending on the effective date of this amendatory Act of the 93rd General Assembly, the plaintiff shall file the written report and supporting test results described in subsection (a) of this Section within 120 days following the effective date of this Section. Upon motion and for good cause shown, the court may extend the 120-day period.

(735 ILCS 5/2-2355 new)

Sec. 2-2355. Statute of limitations; settlement; nonmalignant condition.

(a) Notwithstanding the provisions of any other Act, with respect to any asbestos claim based upon a nonmalignant condition that is not barred as of the effective date of this amendatory Act of the 93rd General Assembly, the period of limitations shall not begin to run until the exposed person knows or, through the exercise of reasonable diligence, should have known that the person has a physical impairment due to a nonmalignant condition.

(b) An asbestos claim that arises out of a nonmalignant condition shall be a distinct cause of action from an asbestos claim relating to the same exposed person that arises out of asbestos-related cancer. No damages shall be awarded for fear or risk of cancer in any tort action asserting only an asbestos claim for a nonmalignant condition.

(c) No settlement of an asbestos claim for a nonmalignant condition that is concluded after the effective date of this amendatory Act of the 93rd General Assembly shall require, as a condition of settlement, the release of any future claim for asbestos-related cancer.

(735 ILCS 5/2-2360 new)

Sec. 2-2360. Limited liability of successor asbestos-related liability.

(a) Except as otherwise provided in subsection (b) of this Section, the cumulative successor asbestos-related liabilities of a corporation shall be limited to the fair market value of the acquired assets or stock of the transferor, as determined on the effective date of the asset or stock purchase, merger, or acquisition.

(b) If a transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior asset purchase, stock purchase, merger, or consolidation involving a prior transferor, the successor asbestos-related liabilities of the successor covered in subsection (a) of this Section shall be limited to the fair market value of the previously acquired assets or stock as determined on the effective date of the prior asset purchase, stock purchase, merger, or consolidation. The successor shall have no responsibility for any successor asbestos-related liabilities in excess of the limitation of those liabilities established in this Section.

(c) Except as provided for in subsection (d) of this Section, the assets of a successor shall be exempt from restraint, attachment, or execution on any judgment entered in this State or another jurisdiction related to any claim for successor asbestos-related liabilities if the cumulative amounts of those liabilities that, after the effective date of the asset purchase or stock purchase that is covered in subsections (a) and (b) of this Section, are paid or committed to be paid by or on behalf of the successor or by or on behalf of the transferor, in connection with any judgment, settlement, or other discharge of claims of asbestos-related liabilities, exceed the fair market value of the assets or stock as determined on the effective date of the asset purchase or stock purchase, merger, or consolidation.

(d) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior asset purchase, stock purchase, merger or consolidation involving a prior transferor, the assets of the successor as described in subsection (c) of this Section shall be exempt from restraint, attachment, or execution on any judgment entered in this State or another jurisdiction related to any claim for successor asbestos-related liabilities if the cumulative amounts of those liabilities that after the effective date of the prior asset purchase or stock purchase, merger, or consolidation, are paid or committed to be paid by or on behalf of the successor, or by or on behalf of the prior transferor, in connection with any judgment, settlement, or other discharge of claims of asbestos-related liabilities, exceed the fair market value of the previously acquired assets or stock as determined on the effective date of the prior asset purchase, stock purchase, merger, or consolidation.

(e) A successor may establish the fair market value of total assets by means of any method that is reasonable under the circumstances, including by reference to the going-concern value of those assets, to the purchase price attributable to or paid for the assets in an arm's length transaction, or, in the absence of other readily available information from which the fair market value can be determined, to the value of those assets recorded on a balance sheet. Total assets shall include intangible assets. A showing by the successor of a reasonable determination of the fair market value of total assets is prima-facie evidence of the fair market value of those assets.

(f) After a successor has established a reasonable determination of the fair market value of total assets, a claimant that disputes that determination of the fair market value has the burden of establishing a different fair market value of those assets.

(g) For the purpose of adjusting the limitations set forth in this Section to account for the passage of time, the fair market value of total assets on the effective date of the applicable asset purchase or stock purchase shall be increased annually, at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the asset purchase or stock purchase plus 1%, not compounded, until the earlier of: (i) the date of the judgment, settlement, or other discharge of claims of successor asbestos-related liabilities to which the limitations in this Section are being applied; or (ii) the date on which the adjusted fair market value of the total assets established under subsection (e) of this Section is first exceeded by the cumulative amounts of successor asbestos-related liabilities that are paid or committed to by paid by or on behalf of the successor, or by or on behalf of the transferor, after the effective date of the asset purchase or stock purchase in connection with any judgment, settlement, or other discharge of successor asbestos-related liabilities.

(h) The limitations set forth in this Section shall apply to the following:

(1) All asbestos claims, including asbestos claims or litigation that is pending on the effective date of this amendatory Act of the 93rd General Assembly.

(2) Successors of a successor to which this Section applies.

(i) The limitations set forth in this Section do not apply to any of the following:

(1) Workers' compensation benefits that are paid by or on behalf of an employer to an employee.

(2) Any claim against a successor that does not constitute a claim for a successor asbestos-related liability.

(3) An insurance corporation.

(4) Any obligation arising under the National Labor Relations Act (49 Stat. 449, 29 U.S.C. 151 et seq.), as amended, or under any collective bargaining agreement.

(735 ILCS 5/2-2365 new)

Sec. 2-2365. Shareholder, subscriber, share owner of beneficial interest liability.

(a) A shareholder, owner of any beneficial interest in shares, or a subscriber for shares whose subscription has been accepted and any affiliate or holding company of that holder, owner, or subscriber shall be under no obligation to, and shall have no liability to, the corporation or to any person with respect to any obligation or liability of the corporation in asbestos claims on the basis that the holder, owner, subscriber, affiliate, or holding company controlled the corporation or is or was the alter ego of the corporation, or on the basis of actual fraud or constructive fraud, a sham to perpetrate a fraud, a fraudulent conveyance, piercing the corporate veil, or any other similar theory, unless the person demonstrates that the holder, owner, subscriber, affiliate, or holding company caused the covered corporation to be used for the purpose of perpetrating, and the corporation did perpetrate, an actual fraud on the person seeking to pierce the corporate veil primarily for the direct pecuniary benefit of the holder, owner, subscriber, affiliate, or holding company, and then only to the extent of that direct benefit.

(b) Any liability of a holder, owner, subscriber, affiliate, or holding company having an obligation or liability that is limited by subsection (a) of this Section is exclusive and preempts any other obligation or liability imposed upon that holder, owner, subscriber, affiliate, or holding company for that obligation or liability under common law or otherwise.

(735 ILCS 5/2-2370 new)

Sec. 2-2370. Venue.

(a) Venue for civil actions arising under this Part of which the circuit court has original jurisdiction shall be in the county where the first act or omission giving rise to the cause of action occurred, or, in instances where more than one act or omission gives rise to the cause of action, venue shall be proper in the county where the most significant action occurred.

(b) In any civil action arising under this Part where more than one plaintiff is joined, each plaintiff shall independently establish proper venue and it is not sufficient that venue is proper for other plaintiffs joined in the civil action.

(c) In any civil action arising under this Part where more than one defendant is named, venue must be proper as to each and every defendant and it is not sufficient that venue is proper for other defendants joined in the civil action.

(d) Where multiple claims or causes of action arising under this Part are combined into one lawsuit, venue must be proper as to each separate claim or cause of action.

(e) If the venue is improper as to any claim or cause of action arising under this Part by any plaintiff against any defendant, then the claims involving that plaintiff and defendant that are not in the proper venue shall be severed and transferred to the county where venue is proper as to the claim or cause of action. If there is no proper venue for a claim arising under this Part for any reason, including because the first act or omission giving rise to a claim did not occur within an Illinois county, or because the most significant exposure giving rise to a claim under this Part did not occur within Illinois, the claim shall be dismissed without prejudice.

(f) A nonresident of the State may not bring an action under this Part in a court of this State unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in this State.

(g) If a court of this State, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action arising under this Part would be more properly heard in a forum outside this State or in a different county within this State, the court shall decline to exercise jurisdiction under the doctrine of forum non conveniens. As to a claim or action arising under this Part that would be more properly heard in a forum outside this State, the court shall dismiss the claim or action. As to a claim or action arising under this Part that would be more properly heard in a different county within this State, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:

(1) relative ease of access to sources of proof;

(2) availability and cost of compulsory process for attendance of unwilling witnesses;

(3) possibility of viewing of the premises, if viewing would be appropriate to the action;

(4) unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his or her remedy;

(5) administrative difficulties for the forum courts;

(6) existence of local interests in deciding the case at home; and

(7) plaintiff's choice of forum should rarely be disturbed.

(h) A court may not dismiss a claim under subsection (g) of this Section until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, the defendant waives the right to assert a statute of limitations defense in all other states in which the claim was not barred by limitations at the time the claim was filed in this State as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this State and ending on the date the claim is dismissed. The court may not dismiss a claim under subsection (g) until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff in another state, the plaintiff may elect that the plaintiff and the defendant may rely on responses to discovery already provided under the Code of Civil Procedure, plus any additional discovery that may be conducted under the rules of civil procedure in another state, or use responses to discovery already provided and conduct additional discovery as permitted under the rules of civil procedure in the other state.

(i) To comply with subsection (g) of this Section in relation to an action that involves both claims that would and would not be more properly heard in a forum outside this State or in a different county within this State, a court shall consider each claim individually and shall sever those claims from the action as necessary to comply with the provisions of subsection (g).

(735 ILCS 5/2-2375 new)

Sec. 2-2375. Veterans; workers' compensation. Nothing in this Part shall affect the scope or operation of any veterans' benefit program, any federal workers' compensation law, the Workers' Compensation Act, or the Workers' Occupational Diseases Act or the exclusive remedy of subrogation provided for in those programs or laws. This Part shall not authorize any claim that is barred by any provision of any federal workers' compensation law, the Workers' Compensation Act, or the Workers' Occupational Diseases Act.

(735 ILCS 5/2-2380 new)

Sec. 2-2380. Severability. If any provision of this Part or its application to any person or circumstance is held invalid, the invalidity of the provision or application does not affect other provisions or applications of this Part that can be given effect without the invalid provision.

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