SB1912sam002 98TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/15/2013

09800SB1912sam002 LRB098 08938 HEP 44040 a

AMENDMENT TO SENATE BILL 1912

AMENDMENT NO. ______. Amend Senate Bill 1912, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Part 23 to Article II as follows:

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

Part 23. Settlement

(735 ILCS 5/2-2301 new)

Sec. 2-2301. Settlement of claims; payment.

(a) In any civil action involving a claim for money damages, a release must be tendered by the settling defendant to the plaintiff within 14 days of an agreement to the settlement.

(b) In any civil action involving a claim for money damages in which the law requires court approval of a settlement, the plaintiff shall timely tender to the settling defendant a copy of the court order approving the settlement.

(c) In any civil action involving a claim for money damages in which there is a known third-party lienholder or subrogation interest (including, where applicable, Medicare, the Centers for Medicare & Medicaid Services, or the Illinois Department of Healthcare & Family Services), the plaintiff shall timely tender to a settling defendant either:

(1) documentation of an agreement between the plaintiff and the known third-party lienholder or subrogation interest as to the amount of the settlement that will be applied toward satisfaction of each lien or subrogation interest; or

(2) a letter from the plaintiff's attorney agreeing to hold the full amount of the known lien or subrogation interest in the plaintiff's attorney's client fund account pending final resolution of the amount to satisfy the lien or subrogation interest.

(d) A settling defendant shall pay all sums due to the plaintiff within 21 days of tender by the plaintiff of that defendant's duly executed release and, if applicable, compliance with paragraph (1) or (2) of subsection (c) of this Section.

(e) If a settling defendant fails to pay to the plaintiff all sums due under the terms of the settlement within 21 days of tender of the items required by subsection (d) of this Section without good cause shown, interest at the rate set forth under Section 2-1303 of this Code, calculated from the date of the tender by the plaintiff, shall accrue on the amount of the settlement attributable to that settling defendant and shall be payable to the plaintiff.

(f) The plaintiff is entitled to judgment against any settling defendant who has not timely paid under subsection (d) of this Section. The judgment shall be for the amount set forth in the executed release, plus costs incurred in obtaining the judgment and interest at the rate specified under Section 2-1303 of this Code.

(g) As used in this Section, "tender" means personal delivery or delivery by a means providing a return receipt.

(h) This Section applies to all civil actions involving a claim for money damages, except for those against this State, any State agency, or any State employee or foster parent or other entity or person that is being represented and provided indemnification in accordance with the provisions of the State Employee Indemnification Act.

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