Bill Status of HB 5151   97th General Assembly

Short Description:  PREMISES LIABIL-FIREARM RANGE

House Sponsors
Rep. Michael J. Madigan-Barbara Flynn Currie-André M. Thapedi-William Davis-Mary E. Flowers and Daniel V. Beiser

Senate Sponsors
(Sen. Don Harmon-James F. Clayborne, Jr.-Martin A. Sandoval)


Last Action  View All Actions

DateChamber Action
  1/18/2013HousePublic Act . . . . . . . . . 97-1145

Statutes Amended In Order of Appearance
740 ILCS 130/5

Synopsis As Introduced
Amends the Premises Liability Act. Provides that an owner or operator of a firearm range placed in operation after January 1, 1994 is immune from criminal liability and is not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range if: all areas from which a firearm may be properly discharged are at least 500 (rather than 1,000) yards from any occupied permanent dwelling on adjacent property; or the firearm range met those requirements at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 500 (rather than 1,000) yards from an area of the range from which a firearm may be properly discharged. Effective immediately.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Premises Liability Act. Makes a technical change in a Section concerning firearm ranges.

Senate Floor Amendment No. 2
Deletes reference to:
740 ILCS 130/5
Adds reference to:
735 ILCS 5/2-622from Ch. 110, par. 2-622
735 ILCS 5/2-1114from Ch. 110, par. 2-1114
735 ILCS 5/8-1901from Ch. 110, par. 8-1901
735 ILCS 5/8-2501from Ch. 110, par. 8-2501
735 ILCS 5/2-1306 new
735 ILCS 5/2-624 rep.
735 ILCS 5/2-1704.5 rep.
735 ILCS 5/2-1706.5 rep.
735 ILCS 5/2-1114from Ch. 110, par. 2-1114

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Re-enacts and repeals various provisions to eliminate changes that were made by Public Act 89-7, which was held to be void in its entirety by the Illinois Supreme Court in Best v. Taylor Machine Works and by Public Act 94-677, which was held to be void in its entirety by the Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital. In a Section concerning healing art malpractice, removes two subsections concerning the applicability of the Section. Provides that in all medical malpractice actions, the total contingent fee for plaintiff's attorney or attorneys shall not exceed 33 1/3% of all sums recovered (instead of 33 1/3% of the first $150,000 recovered, 25% of the next $850,000 recovered, and 20% of any amount recovered over $1,000,000. Removes language providing that the court may review contingent fee agreements for fairness and allow additional compensation when an attorney performs extraordinary services involving more than usual participation in time and effort. Provides that in civil litigation under any legal theory involving a signatory, a successor to a signatory, or a parent or an affiliate of a signatory to the Master Settlement Agreement under the State Finance Act, execution of the judgment shall be stayed during appellate review upon the posting of a supersedeas bond or other form of security set in accordance with law or court rules, except that the total supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $250,000,000, regardless of the judgment amount, provided that appellants file at least 30% of the total amount in the form of cash or other cash equivalent with the court. Provides that if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total judgment amount. Provides that the changes made by the amendatory Act apply to actions commenced or pending on or after its effective date. Effective immediately.

Actions 
DateChamber Action
  2/8/2012HouseFiled with the Clerk by Rep. Patrick J. Verschoore
  2/8/2012HouseFirst Reading
  2/8/2012HouseReferred to Rules Committee
  2/17/2012HouseAssigned to Agriculture & Conservation Committee
  2/28/2012HouseDo Pass / Short Debate Agriculture & Conservation Committee; 014-000-000
  2/29/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2012HouseSecond Reading - Short Debate
  3/9/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/21/2012HouseThird Reading - Short Debate - Passed 098-007-000
  3/21/2012HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  3/22/2012SenateArrive in Senate
  3/22/2012SenatePlaced on Calendar Order of First Reading March 23, 2012
  5/2/2012SenateChief Senate Sponsor Sen. John J. Cullerton
  5/2/2012SenateFirst Reading
  5/2/2012SenateReferred to Assignments
  5/4/2012SenateRule 2-10 Committee Deadline Established As May 25, 2012
  5/8/2012SenateAssigned to Executive
  5/16/2012SenatePostponed - Executive
  5/21/2012SenateAlternate Chief Sponsor Changed to Sen. Mike Jacobs
  5/23/2012SenatePostponed - Executive
  5/25/2012SenateRule 3-9(a) / Re-referred to Assignments
  11/21/2012SenateRule 2-10 Third Reading Deadline Established As January 8, 2013
  11/21/2012SenateRe-assigned to Executive
  11/28/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  11/28/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  11/28/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  11/28/2012SenateSenate Committee Amendment No. 1 Adopted
  11/28/2012SenateDo Pass as Amended Executive; 011-001-000
  11/28/2012SenatePlaced on Calendar Order of 2nd Reading November 29, 2012
  11/29/2012SenateSecond Reading
  11/29/2012SenatePlaced on Calendar Order of 3rd Reading December 4, 2012
  1/2/2013SenateAlternate Chief Sponsor Changed to Sen. James F. Clayborne, Jr.
  1/2/2013SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr.
  1/2/2013SenateSenate Floor Amendment No. 2 Referred to Assignments
  1/2/2013SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  1/2/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Martin A. Sandoval
  1/2/2013SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 010-003-001
  1/3/2013SenateAlternate Chief Sponsor Changed to Sen. Don Harmon
  1/3/2013SenateAdded as Alternate Chief Co-Sponsor Sen. James F. Clayborne, Jr.
  1/3/2013SenateRecalled to Second Reading
  1/3/2013SenateSenate Floor Amendment No. 2 Adopted; Clayborne
  1/3/2013SenatePlaced on Calendar Order of 3rd Reading
  1/3/2013SenateThird Reading - Passed; 036-015-001
  1/4/2013HouseArrived in House
  1/4/2013HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  1/4/2013HouseChief Sponsor Changed to Rep. Michael J. Madigan
  1/4/2013HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  1/4/2013HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Michael J. Madigan
  1/4/2013HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  1/4/2013HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Michael J. Madigan
  1/4/2013HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  1/4/2013HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  1/4/2013HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  1/6/2013HouseAdded Chief Co-Sponsor Rep. André M. Thapedi
  1/6/2013HouseAdded Chief Co-Sponsor Rep. William Davis
  1/6/2013HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  1/7/2013HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 007-004-000
  1/7/2013HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 007-004-000
  1/7/2013HouseSenate Committee Amendment No. 1 House Concurs 067-046-000
  1/7/2013HouseSenate Floor Amendment No. 2 House Concurs 067-046-000
  1/7/2013HouseHouse Concurs
  1/7/2013HousePassed Both Houses
  1/11/2013HouseSent to the Governor
  1/18/2013HouseGovernor Approved
  1/18/2013HouseEffective Date January 18, 2013
  1/18/2013HousePublic Act . . . . . . . . . 97-1145

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