HB4246 99TH GENERAL ASSEMBLY

LRB099 13048 HEP 36927 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4246

Introduced , by Rep. Jim Durkin

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 5/2-110 new
735 ILCS 5/2-1107.1	from Ch. 110, par. 2-1107.1
735 ILCS 5/2-1117	from Ch. 110, par. 2-1117
735 ILCS 5/2-1205.2 new

Amends the Code of Civil Procedure. Deletes a provision authorizing an action to be commenced in any county when all defendants are nonresidents of this State. Limits venue for actions against corporations, partnerships, and insurance companies. Provides that in actions in which no party is a resident of this State and over which another forum has jurisdiction, the court shall, upon motion, dismiss the action subject to specified conditions. Provides that joint and several liability attaches when a defendant is found to be 50%, rather than 25%, at fault. Limits amounts recovered for medical care, treatment, or services and caretaking expenses to the amounts actually paid for those expenses regardless of the amounts initially billed.

A BILL FOR

AN ACT concerning civil law.

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 changing Sections 2-101, 2-102, 2-103, 2-1107.1, and 2-1117 and by adding Sections 2-110 and 2-1205.2 as follows:

(735 ILCS 5/2-101) (from Ch. 110, par. 2-101)

Sec. 2-101. Generally. Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.

If a check, draft, money order, or other instrument for the payment of child support payable to or delivered to the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code is returned by the bank or depository for any reason, venue for the enforcement of any criminal proceedings or civil cause of action for recovery and attorney fees shall be in the county where the principal office of the State Disbursement Unit is located.

If all defendants are nonresidents of the State, an action may be commenced in any county.

If the corporate limits of a city, village or town extend into more than one county, then the venue of an action or proceeding instituted by that municipality to enforce any fine, imprisonment, penalty or forfeiture for violation of any ordinance of that municipality, regardless of the county in which the violation was committed or occurred, may be in the appropriate court (i) in the county wherein the office of the clerk of the municipality is located or (ii) in any county in which at least 35% of the territory within the municipality's corporate limits is located.

The changes to this Section made by this amendatory Act of the 99th General Assembly apply to actions filed on or after its effective date.

(Source: P.A. 91-212, eff. 7-20-99.)

(735 ILCS 5/2-102) (from Ch. 110, par. 2-102)

Sec. 2-102. Residence of corporations, voluntary unincorporated associations and partnerships defined. For purposes of venue, the following definitions apply:

(a) Any private corporation or railroad or bridge company, organized under the laws of this State, and any foreign corporation authorized to transact business in this State is a resident of any county in which it has its registered office or other office or, if on due inquiry no office can be found in this State, any county in which it is doing business. A foreign corporation not authorized to transact business in this State is a nonresident of this State.

(b) A partnership sued in its firm name is a resident of any county in which any partner resides or in which the partnership has an office or, if on due inquiry no office can be found in this State, any county in which it is doing business. A partnership sued in its firm name, of which all partners are nonresidents of this State and which does not have an office or do business in this State, is a nonresident of this State.

(c) A voluntary unincorporated association sued in its own name is a resident of any county in which the association has an office or, if on due inquiry no office can be found, in which any officer of the association resides. A voluntary unincorporated association sued in its own name, of which all its members are nonresidents of this State and which does not have an office or do business in this State, is a nonresident of this State.

The changes to this Section made by this amendatory Act of the 99th General Assembly apply to actions filed on or after its effective date.

(Source: P.A. 83-901.)

(735 ILCS 5/2-103) (from Ch. 110, par. 2-103)

Sec. 2-103. Public corporations - Local actions - Libel Libel - Insurance companies.

(a) Actions must be brought against a public, municipal, governmental or quasi-municipal corporation in the county in which its principal office is located or in the county in which the transaction or some part thereof occurred out of which the cause of action arose. Except as otherwise provided in Section 7-102 of this Code, if the cause of action is related to an airport owned by a unit of local government or the property or aircraft operations thereof, however, including an action challenging the constitutionality of this amendatory Act of the 93rd General Assembly, the action must be brought in the county in which the unit of local government's principal office is located. Actions to recover damage to real estate which may be overflowed or otherwise damaged by reason of any act of the corporation may be brought in the county where the real estate or some part of it is situated, or in the county where the corporation is located, at the option of the party claiming to be injured. Except as otherwise provided in Section 7-102 of this Code, any cause of action that is related to an airport owned by a unit of local government, and that is pending on or after the effective date of this amendatory Act of the 93rd General Assembly in a county other than the county in which the unit of local government's principal office is located, shall be transferred, upon motion of any party under Section 2-106 of this Code, to the county in which the unit of local government's principal office is located.

(b) Any action to quiet title to real estate, or to partition or recover possession thereof or to foreclose a mortgage or other lien thereon, must be brought in the county in which the real estate or some part of it is situated.

(c) Any action which is made local by any statute must be brought in the county designated in the statute.

(d) Every action against any owner, publisher, editor, author or printer of a newspaper or magazine of general circulation for libel contained in that newspaper or magazine may be commenced only in the county in which the defendant resides or has his, her or its principal office or in which the article was composed or printed, except when the defendant resides or the article was printed without this State, in either of which cases the action may be commenced in any county in which the libel was circulated or published.

(e) (Blank). Actions against any insurance company incorporated under the law of this State or doing business in this State may also be brought in any county in which the plaintiff or one of the plaintiffs may reside.

(f) The changes to this Section made by this amendatory Act of the 99th General Assembly apply to actions filed on or after its effective date.

(Source: P.A. 93-450, eff. 8-6-03.)

(735 ILCS 5/2-110 new)

Sec. 2-110. Motion to dismiss for inconvenient venue.

(a) In any action in which none of the parties is a resident of this State and over which another forum has jurisdiction, the court shall on motion dismiss the action on the conditions set forth in subsection (b) unless the cause of action primarily arose in this State or the interests of justice require that the action proceed in this State. The court in its discretion may award costs and reasonable attorney's fees in connection with the dismissal.

(b) Dismissal of the action shall be on condition that: (i) if the plaintiff elects to file the action in another forum within 6 months after the dismissal order, the defendant shall accept service of process from that court; and (ii) if the statute of limitations has run in the other forum, the defendant shall waive that defense. If the defendant refuses to abide by these conditions, the action shall be reinstated for further proceedings in the court in which the dismissal was granted. If the court in the other forum refuses to accept jurisdiction, the plaintiff may, within 30 days after the final order refusing jurisdiction, reinstate the action in the court in which the dismissal was granted.

(c) This Section applies to actions filed on or after the effective date of this amendatory Act of the 99th General Assembly. Motions authorized by this Section are in addition to, and not in place of, a motion otherwise available to a party or the court or under any other statute or rule or the common law.

(735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)

(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held unconstitutional)

Sec. 2-1107.1. Jury instruction in tort actions. In all actions on account of bodily injury or death or physical damage to property based on negligence, or product liability based on strict tort liability, the court shall instruct the jury in writing that (a) the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought and (b) if the defendant is found liable, (i) the defendant is jointly and severally liable for the plaintiff's past and future medical and medically related expenses regardless of the fault attributed to the defendant and (ii) the defendant is jointly and severally liable for the plaintiff's other damages if the jury finds that the fault of the defendant is 50% or more of the proximate cause.

The changes to this Section made by this amendatory Act of the 99th General Assembly apply to actions filed on or after its effective date.

(Source: P.A. 84-1431.)

(735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)

Sec. 2-1117. Joint liability. Except as provided in Section 2-1118, in actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expenses. Any defendant whose fault, as determined by the trier of fact, is less than 50% 25% of the total fault of all tortfeasors, including but not limited to the plaintiff's employer, nonparties, entities that have settled, or any other person that the trier of fact finds was at fault and a proximate cause of the injury or damage for which recovery is sought by attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff's employer, shall be severally liable for all other damages. Any defendant whose fault, as determined by the trier of fact, is 50% 25% or greater of the total fault of all tortfeasors, including but not limited to plaintiff's employer, nonparties, entities that have settled, or any other person that the trier of fact finds was at fault and a proximate cause of the injury or damage for which recovery is sought by the plaintiff attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, shall be jointly and severally liable for all other damages.

The changes to this Section made by this amendatory Act of the 99th General Assembly apply to actions filed on or after its effective date.

(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)

(735 ILCS 5/2-1205.2 new)

Sec. 2-1205.2. Actions on account of bodily injury or death in which recovery is sought for the reasonable expense of necessary medical care, treatment, or services. In actions on account of bodily injury or death in which recovery is sought for the reasonable expense of necessary medical care, treatment, or services, including but not limited to medical, hospital, nursing, or caretaking expenses, the amount recovered shall be not more than the amount actually paid or the amount expected to be actually paid for such expenses, regardless of the amount initially billed for such expenses. The court may hear evidence of the amount actually paid or the amount expected to be paid for such services. This Section applies to actions filed on or after the effective date of this amendatory Act of the 99th General Assembly.