Full Text of SB0231 103rd General Assembly
SB0231 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0231 Introduced 1/31/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/2-101 | from Ch. 110, par. 2-101 | 735 ILCS 5/2-102 | from Ch. 110, par. 2-102 | 735 ILCS 5/2-103 | from Ch. 110, par. 2-103 | 735 ILCS 5/2-104 | from Ch. 110, par. 2-104 |
| Amends the Code of Civil Procedure. Provides that, if none of the parties joined in good faith as defendants in a civil case is a resident of the State, an action against those defendants may be commenced in the State only in the county in which the transaction out of which the cause of action arose, or some part of that transaction, occurred. Provides that a corporation organized under the laws of or authorized to do business in the State is a resident only of any county in which it has its registered office or other office (rather than being a resident of any county in which it does business). Makes similar changes regarding partnerships and voluntary unincorporated associations. Deletes language providing that an insurance company incorporated under the laws of or doing business in the State may be sued in any county in which one of the plaintiffs resides. Provides that, if none of the defendants in a civil action is a resident of the State, and no part of the transaction out of which the action arose occurred in the State, the action must be dismissed for lack of proper venue. Provides that the changes apply to actions filed on or after the effective date of the amendatory Act. Makes other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 2-101, 2-102, 2-103, and 2-104 as follows:
| 6 | | (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
| 7 | | Sec. 2-101. Generally. Except as otherwise provided in | 8 | | this Act, every action must be
commenced (1) in the county of | 9 | | residence of any defendant who is joined
in good faith and with | 10 | | probable cause for the purpose of obtaining a
judgment against | 11 | | him or her and not solely for the purpose of fixing venue in
| 12 | | that county, or (2) in the county in which the transaction or | 13 | | some part
thereof occurred out of which the cause of action | 14 | | arose.
| 15 | | If a check, draft, money order, or other instrument for | 16 | | the payment of
child support payable to or delivered to the | 17 | | State Disbursement Unit
established under Section 10-26 of the | 18 | | Illinois Public Aid Code is returned by
the bank or depository | 19 | | for any reason, venue for the enforcement of any
criminal | 20 | | proceedings or civil cause of action for recovery and attorney | 21 | | fees
shall be in the county where the principal office of the | 22 | | State Disbursement
Unit is located.
| 23 | | If no
all defendants that are joined in good faith and with |
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| 1 | | probable cause for the purpose of obtaining a judgment against | 2 | | them is a resident are nonresidents of the State, an action may | 3 | | be
commenced in this State only in the county in which the | 4 | | transaction out of which the cause of action arose, or some | 5 | | part of that transaction, occurred
any county .
| 6 | | If the corporate limits of a city, village or town extend | 7 | | into more
than one county, then the venue of an action or | 8 | | proceeding
instituted by that
municipality to enforce any | 9 | | fine, imprisonment, penalty or forfeiture
for violation of any | 10 | | ordinance of that municipality,
regardless of the county in | 11 | | which the violation was committed or occurred, may
be in the | 12 | | appropriate court (i) in the county
wherein the office of the | 13 | | clerk of the municipality is located
or (ii) in any county
in | 14 | | which at least 35% of the territory within the municipality's | 15 | | corporate
limits is located.
| 16 | | The changes made by this amendatory Act of the 103rd | 17 | | General Assembly apply to actions filed on or after its | 18 | | effective date.
| 19 | | (Source: P.A. 91-212, eff. 7-20-99.)
| 20 | | (735 ILCS 5/2-102) (from Ch. 110, par. 2-102)
| 21 | | Sec. 2-102. Residence of corporations, voluntary | 22 | | unincorporated associations
and partnerships defined.
For | 23 | | purposes of venue, the following definitions apply:
| 24 | | (a) Any private corporation or railroad or bridge company, | 25 | | organized
under the laws of this State, and any foreign |
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| 1 | | corporation authorized to
transact business in this State is a | 2 | | resident of any county in which it
has its registered office or | 3 | | other office or is doing business . A
foreign corporation not | 4 | | authorized to transact business in this State is
a nonresident | 5 | | of this State.
| 6 | | (b) A partnership sued in its firm name is a resident of | 7 | | any county
in which any partner resides or in which the | 8 | | partnership has an office
or is doing business . A partnership | 9 | | sued in its firm name, of which all
partners are nonresidents | 10 | | of this State and which does not have an
office or do business | 11 | | in this State, is a nonresident of this State.
| 12 | | (c) A voluntary unincorporated association sued in its own | 13 | | name is a
resident of any county in which the association has | 14 | | an office or, if on
due inquiry no office can be found, in | 15 | | which any officer of the association
resides . A voluntary | 16 | | unincorporated association sued in its own name, of
which all | 17 | | its members are nonresidents of this State and which does not
| 18 | | have an office or do business
in this State, is a nonresident | 19 | | of this State.
| 20 | | (d) The changes made by this amendatory Act of the 103rd | 21 | | General Assembly apply to actions filed on or after its | 22 | | effective date.
| 23 | | (Source: P.A. 83-901.)
| 24 | | (735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
| 25 | | Sec. 2-103. Public corporations - Local actions - Libel - |
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| 1 | | Insurance
companies .
| 2 | | (a) Actions must be brought against a public, municipal,
| 3 | | governmental or quasi-municipal corporation in the county in | 4 | | which its
principal office is located or in the county in which | 5 | | the transaction or
some part thereof occurred out of which the | 6 | | cause of action arose.
Except as otherwise provided in Section | 7 | | 7-102 of this Code, if the cause of
action is
related to an | 8 | | airport owned by a unit of local government or the property or
| 9 | | aircraft
operations thereof, however, including an action | 10 | | challenging the
constitutionality of
this amendatory
Act of | 11 | | the 93rd General Assembly, the action must be brought in the | 12 | | county in
which the
unit of local government's principal | 13 | | office is located.
Actions to recover damage to real estate
| 14 | | which may be overflowed or otherwise damaged by reason of any | 15 | | act of the
corporation may be brought in the county where the | 16 | | real estate or some
part of it is situated, or in the county | 17 | | where the corporation is
located, at the option of the party | 18 | | claiming to be injured.
Except as otherwise provided in | 19 | | Section 7-102 of this Code, any cause of
action
that is related | 20 | | to an airport owned by a unit of local government, and that is
| 21 | | pending on or after the effective date of
this amendatory Act | 22 | | of the 93rd General Assembly in a county other than the
county | 23 | | in which the
unit of local government's principal office is | 24 | | located, shall be transferred,
upon motion of any
party under | 25 | | Section 2-106 of this Code, to the county in which the unit of
| 26 | | local government's
principal office is located.
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| 1 | | (b) Any action to quiet title to real estate, or to | 2 | | partition or
recover possession thereof or to foreclose a | 3 | | mortgage or other lien
thereon, must be brought in the county | 4 | | in which the real estate or some
part of it is situated.
| 5 | | (c) Any action which is made local by any statute must be | 6 | | brought in
the county designated in the statute.
| 7 | | (d) Every action against any owner, publisher, editor, | 8 | | author or
printer of a newspaper or magazine of general | 9 | | circulation for libel
contained in that newspaper or magazine | 10 | | may be commenced only in the
county in which the defendant | 11 | | resides or has his, her or its principal office
or in which the | 12 | | article was composed or printed, except when the
defendant | 13 | | resides or the article was printed without this State, in
| 14 | | either of which cases the action may be commenced in any county | 15 | | in which
the libel was circulated or published.
| 16 | | (e) (Blank).
Actions against any insurance company | 17 | | incorporated under the law
of this State or doing business in | 18 | | this State may also be brought in any
county in which the | 19 | | plaintiff or one of the plaintiffs may reside.
| 20 | | (f) The changes made by this amendatory Act of the 103rd | 21 | | General Assembly apply to actions filed on or after its | 22 | | effective date.
| 23 | | (Source: P.A. 93-450, eff. 8-6-03.)
| 24 | | (735 ILCS 5/2-104) (from Ch. 110, par. 2-104)
| 25 | | Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a) |
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| 1 | | No order or
judgment is void because rendered in the wrong | 2 | | venue, except in case of
judgment by confession as provided in | 3 | | subsection (c) of Section 2-1301 of
this Act. No action shall | 4 | | abate or be dismissed because commenced in
the wrong venue if | 5 | | there is a proper venue to which the cause may be
transferred. | 6 | | If no defendants is a resident of this State, and the | 7 | | transaction out of which the cause of action arose, or some | 8 | | part of that transaction, did not occur in this State, the | 9 | | cause of action must be dismissed for lack of proper venue.
| 10 | | (b) All objections of improper venue are waived by a | 11 | | defendant
unless a motion to transfer to a proper venue or a | 12 | | motion to dismiss for lack of proper venue is made by the | 13 | | defendant on or
before the date upon which he or she is | 14 | | required to appear or within any
further time that may be | 15 | | granted him or her to answer or move with respect to
the | 16 | | complaint, except that if a defendant upon whose residence | 17 | | venue
depends is dismissed upon motion of plaintiff, a | 18 | | remaining defendant may
promptly move for transfer as though | 19 | | the dismissed defendant had not
been a party.
| 20 | | (c) Motions to dismiss or for transfer to a proper venue | 21 | | may be supported and
opposed by affidavit. In determining | 22 | | issues of fact raised by
affidavits, any competent evidence | 23 | | adduced by the parties shall also be
considered. The | 24 | | determination of any issue of fact in connection with a
motion | 25 | | to transfer does not constitute a determination of the merits | 26 | | of
the case or any aspect thereof.
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| 1 | | (d) The changes made by this amendatory Act of the 103rd | 2 | | General Assembly apply to actions filed on or after its | 3 | | effective date.
| 4 | | (Source: P.A. 83-707.)
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