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| [ Senate Amendment 003 ] | [ Conference Committee Report 001 ] |
90_HB0297sam001
LRB9000213PTmbam01
1 AMENDMENT TO HOUSE BILL 297
2 AMENDMENT NO. . Amend House Bill 297 by replacing
3 the title with the following:
4 "AN ACT concerning court proceedings."; and
5 by inserting immediately below the enacting clause the
6 following:
7 "Section 3. The Liquor Control Act of 1934 is amended by
8 changing Section 6-21 as follows:
9 (235 ILCS 5/6-21) (from Ch. 43, par. 135)
10 Sec. 6-21. (a) Every person who is injured within this
11 State, in person or property, by any intoxicated person has a
12 right of action in his or her own name, severally or jointly,
13 against any person, licensed under the laws of this State or
14 of any other state to sell alcoholic liquor, who, by selling
15 or giving alcoholic liquor, within or without the territorial
16 limits of this State, causes the intoxication of such person.
17 Any person at least 21 years of age who pays for a hotel or
18 motel room or facility knowing that the room or facility is
19 to be used by any person under 21 years of age for the
20 unlawful consumption of alcoholic liquors and such
21 consumption causes the intoxication of the person under 21
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1 years of age, shall be liable to any person who is injured in
2 person or property by the intoxicated person under 21 years
3 of age. Any person owning, renting, leasing or permitting the
4 occupation of any building or premises with knowledge that
5 alcoholic liquors are to be sold therein, or who having
6 leased the same for other purposes, shall knowingly permit
7 therein the sale of any alcoholic liquors that have caused
8 the intoxication of any person, shall be liable, severally or
9 jointly, with the person selling or giving the liquors.
10 However, if such building or premises belong to a minor or
11 other person under guardianship the guardian of such person
12 shall be held liable instead of the ward. A married woman has
13 the same right to bring the action and to control it and the
14 amount recovered as an unmarried woman. All damages recovered
15 by a minor under this Act shall be paid either to the minor,
16 or to his or her parent, guardian or next friend as the court
17 shall direct. The unlawful sale or gift of alcoholic liquor
18 works a forfeiture of all rights of the lessee or tenant
19 under any lease or contract of rent upon the premises where
20 the unlawful sale or gift takes place. All actions for
21 damages under this Act may be by any appropriate action in
22 the circuit court. An action shall lie for injuries to means
23 of support or loss of society caused by an intoxicated person
24 or in consequence of the intoxication of any person resulting
25 as hereinabove set out. The action, if the person from whom
26 support or society was furnished is living, shall be brought
27 by any person injured in means of support or society in his
28 or her name for his or her benefit and the benefit of all
29 other persons injured in means of support or society.
30 However, any person claiming to be injured in means of
31 support or society and not included in any action brought
32 hereunder may join by motion made within the times herein
33 provided for bringing such action or the personal
34 representative of the deceased person from whom such support
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1 or society was furnished may so join. In every such action
2 the jury shall determine the amount of damages to be
3 recovered without regard to and with no special instructions
4 as to the dollar limits on recovery imposed by this Section.
5 The amount recovered in every such action is for the
6 exclusive benefit of the person injured in loss of support or
7 society and shall be distributed to such persons in the
8 proportions determined by the verdict rendered or judgment
9 entered in the action. If the right of action is settled by
10 agreement with the personal representative of a deceased
11 person from whom support or society was furnished, the court
12 having jurisdiction of the estate of the deceased person
13 shall distribute the amount of the settlement to the person
14 injured in loss of support or society in the proportion, as
15 determined by the court, that the percentage of dependency of
16 each such person upon the deceased person bears to the sum of
17 the percentages of dependency of all such persons upon the
18 deceased person. For all causes of action involving persons
19 injured, killed, or incurring property damage before
20 September 12, 1985, in no event shall the judgment or
21 recovery under this Act for injury to the person or to the
22 property of any person as hereinabove set out exceed $15,000,
23 and recovery under this Act for loss of means of support
24 resulting from the death or injury of any person, as
25 hereinabove set out, shall not exceed $20,000. For all causes
26 of action involving persons injured, killed, or incurring
27 property damage after September 12, 1985 but before January
28 1, 1998, in no event shall the judgment or recovery for
29 injury to the person or property of any person exceed $30,000
30 for each person incurring damages, and recovery under this
31 Act for loss of means of support resulting from the death or
32 injury of any person shall not exceed $40,000. For all causes
33 of action involving persons injured, killed, or incurring
34 property damage on or after January 1, 1998, in no event
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1 shall the judgment or recovery for injury to the person or
2 property of any person exceed $55,000 for each person
3 incurring damages, and recovery under this Act for loss of
4 means of support resulting from the death or injury of any
5 person shall not exceed $65,000. Recovery under this Act for
6 loss of society resulting from the death or injury of any
7 person, as set out in this Section, shall not exceed $65,000.
8 Nothing in this Section bars any person from making separate
9 claims which, in the aggregate, exceed any one limit where
10 such person incurs more than one type of compensable damage,
11 including personal injury, property damage, and loss to means
12 of support or society. However, all persons claiming loss to
13 means of support or society shall be limited to an aggregate
14 recovery not to exceed the single limitation set forth herein
15 for the death or injury of each person from whom support or
16 society is claimed.
17 Nothing in this Act shall be construed to confer a cause
18 of action for injuries to the person or property of the
19 intoxicated person himself, nor shall anything in this Act be
20 construed to confer a cause of action for loss of means of
21 support or society on the intoxicated person himself or on
22 any person claiming to be supported by such intoxicated
23 person or claiming the society of such person. In conformance
24 with the rule of statutory construction enunciated in the
25 general Illinois saving provision in Section 4 of "An Act to
26 revise the law in relation to the construction of the
27 statutes", approved March 5, 1874, as amended, no amendment
28 of this Section purporting to abolish or having the effect of
29 abolishing a cause of action shall be applied to invalidate a
30 cause of action accruing before its effective date,
31 irrespective of whether the amendment was passed before or
32 after the effective date of this amendatory Act of 1986.
33 Each action hereunder shall be barred unless commenced
34 within one year next after the cause of action accrued.
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1 However, a licensed distributor or brewer whose only
2 connection with the furnishing of alcoholic liquor which is
3 alleged to have caused intoxication was the furnishing or
4 maintaining of any apparatus for the dispensing or cooling of
5 beer is not liable under this Section, and if such licensee
6 is named as a defendant, a proper motion to dismiss shall be
7 granted.
8 (b) Any person licensed under any state or local law to
9 sell alcoholic liquor, whether or not a citizen or resident
10 of this State, who in person or through an agent causes the
11 intoxication, by the sale or gift of alcoholic liquor, of any
12 person who, while intoxicated, causes injury to any person or
13 property in the State of Illinois thereby submits such
14 licensed person, and, if an individual, his or her personal
15 representative, to the jurisdiction of the courts of this
16 State for a cause of action arising under subsection (a)
17 above.
18 Service of process upon any person who is subject to the
19 jurisdiction of the courts of this State, as provided in this
20 subsection, may be made by personally serving the summons
21 upon the defendant outside this State, as provided in the
22 Code of Civil Procedure, as now or hereafter amended, with
23 the same force and effect as though summons had been
24 personally served within this State.
25 Only causes of action arising under subsection (a) above
26 may be asserted against a defendant in an action in which
27 jurisdiction over him or her is based upon this subsection.
28 Nothing herein contained limits or affects the right to
29 serve any process in any other manner now or hereafter
30 provided by law.
31 (Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438.)"; and
32 by inserting immediately below the last Section at the end of
33 the bill the following:
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1 "Section 99. Effective date. This Act takes effect upon
2 becoming law.".