Public Act 094-0982
 
SB2356 Enrolled LRB094 16182 RSP 51425 b

    AN ACT concerning the State Comptroller.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 10. The Illinois Pension Code is amended by
changing Section 15-125 as follows:
 
    (40 ILCS 5/15-125)  (from Ch. 108 1/2, par. 15-125)
    Sec. 15-125. "Prescribed Rate of Interest; Effective Rate
of Interest". :
    (1) "Prescribed rate of interest": The rate of interest to
be used in actuarial valuations and in development of actuarial
tables as determined by the board on the basis of the probable
average effective rate of interest on a long term basis.
    (2) "Effective rate of interest": The interest rate for all
or any part of a fiscal year that is determined by the board
based on factors including the system's past and expected
investment experience; historical and expected fluctuations in
the market value of investments; the desirability of minimizing
volatility in the effective rate of interest from year to year;
and the provision of reserves for anticipated losses upon
sales, redemptions, or other disposition of investments and for
variations in interest experience; except that for the purpose
of determining the accumulated normal contributions used in
calculating retirement annuities under Rule 2 of Section
15-136, the effective rate of interest shall be determined by
the State Comptroller rather than the board. The State
Comptroller shall determine the effective rate of interest to
be used for this purpose using the factors listed above, and
shall certify to the board and the Commission on Government
Forecasting and Accountability the rate to be used for this
purpose for fiscal year 2006 as soon as possible after the
effective date of this amendatory Act of the 94th General
Assembly, and for each fiscal year thereafter no later than the
January 31 September 1 immediately preceding the start of that
fiscal year.
    (3) The change made to this Section by Public Acts 90-65
and 90-511 is a clarification of existing law.
(Source: P.A. 94-4, eff. 6-1-05; revised 10-11-05.)
 
    Section 15. The Liquor Control Act of 1934 is amended by
changing Section 6-21 as follows:
 
    (235 ILCS 5/6-21)  (from Ch. 43, par. 135)
    Sec. 6-21. (a) Every person who is injured within this
State, in person or property, by any intoxicated person has a
right of action in his or her own name, severally or jointly,
against any person, licensed under the laws of this State or of
any other state to sell alcoholic liquor, who, by selling or
giving alcoholic liquor, within or without the territorial
limits of this State, causes the intoxication of such person.
Any person at least 21 years of age who pays for a hotel or
motel room or facility knowing that the room or facility is to
be used by any person under 21 years of age for the unlawful
consumption of alcoholic liquors and such consumption causes
the intoxication of the person under 21 years of age, shall be
liable to any person who is injured in person or property by
the intoxicated person under 21 years of age. Any person
owning, renting, leasing or permitting the occupation of any
building or premises with knowledge that alcoholic liquors are
to be sold therein, or who having leased the same for other
purposes, shall knowingly permit therein the sale of any
alcoholic liquors that have caused the intoxication of any
person, shall be liable, severally or jointly, with the person
selling or giving the liquors. However, if such building or
premises belong to a minor or other person under guardianship
the guardian of such person shall be held liable instead of the
ward. A married woman has the same right to bring the action
and to control it and the amount recovered as an unmarried
woman. All damages recovered by a minor under this Act shall be
paid either to the minor, or to his or her parent, guardian or
next friend as the court shall direct. The unlawful sale or
gift of alcoholic liquor works a forfeiture of all rights of
the lessee or tenant under any lease or contract of rent upon
the premises where the unlawful sale or gift takes place. All
actions for damages under this Act may be by any appropriate
action in the circuit court. An action shall lie for injuries
to either means of support or loss of society, but not both,
caused by an intoxicated person or in consequence of the
intoxication of any person resulting as hereinabove set out.
"Loss of society" means the mutual benefits that each family
member receives from the other's continued existence,
including love, affection, care, attention, companionship,
comfort, guidance, and protection. "Family" includes spouse,
children, parents, brothers, and sisters. The action, if the
person from whom support or society was furnished is living,
shall be brought by any person injured in means of support or
society in his or her name for his or her benefit and the
benefit of all other persons injured in means of support or
society. However, any person claiming to be injured in means of
support or society and not included in any action brought
hereunder may join by motion made within the times herein
provided for bringing such action or the personal
representative of the deceased person from whom such support or
society was furnished may so join. In every such action the
jury shall determine the amount of damages to be recovered
without regard to and with no special instructions as to the
dollar limits on recovery imposed by this Section. The amount
recovered in every such action is for the exclusive benefit of
the person injured in loss of support or society and shall be
distributed to such persons in the proportions determined by
the verdict rendered or judgment entered in the action. If the
right of action is settled by agreement with the personal
representative of a deceased person from whom support or
society was furnished, the court having jurisdiction of the
estate of the deceased person shall distribute the amount of
the settlement to the person injured in loss of support or
society in the proportion, as determined by the court, that the
percentage of dependency of each such person upon the deceased
person bears to the sum of the percentages of dependency of all
such persons upon the deceased person. For all causes of action
involving persons injured, killed, or incurring property
damage before September 12, 1985, in no event shall the
judgment or recovery under this Act for injury to the person or
to the property of any person as hereinabove set out exceed
$15,000, and recovery under this Act for loss of means of
support resulting from the death or injury of any person, as
hereinabove set out, shall not exceed $20,000. For all causes
of action involving persons injured, killed, or incurring
property damage after September 12, 1985 but before July 1,
1998, in no event shall the judgment or recovery for injury to
the person or property of any person exceed $30,000 for each
person incurring damages, and recovery under this Act for loss
of means of support resulting from the death or injury of any
person shall not exceed $40,000. For all causes of action
involving persons injured, killed, or incurring property
damage on or after July 1, 1998, in no event shall the judgment
or recovery for injury to the person or property of any person
exceed $45,000 for each person incurring damages, and recovery
under this Act for either loss of means of support or loss of
society resulting from the death or injury of any person shall
not exceed $55,000. Beginning in 1999, every January 20, these
liability limits shall automatically be increased or
decreased, as applicable, by a percentage equal to the
percentage change in the consumer price index-u during the
preceding 12-month calendar year. "Consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall
be determined by the Comptroller and made available via the
Comptroller's official website by January 31 of every year and
to the chief judge of each judicial circuit. The liability
limits at the time at which damages subject to such limits are
awarded by final judgment or settlement shall be utilized by
the courts. Nothing in this Section bars any person from making
separate claims which, in the aggregate, exceed any one limit
where such person incurs more than one type of compensable
damage, including personal injury, property damage, and loss to
means of support or society. However, all persons claiming loss
to means of support or society shall be limited to an aggregate
recovery not to exceed the single limitation set forth herein
for the death or injury of each person from whom support or
society is claimed.
    Nothing in this Act shall be construed to confer a cause of
action for injuries to the person or property of the
intoxicated person himself, nor shall anything in this Act be
construed to confer a cause of action for loss of means of
support or society on the intoxicated person himself or on any
person claiming to be supported by such intoxicated person or
claiming the society of such person. In conformance with the
rule of statutory construction enunciated in the general
Illinois saving provision in Section 4 of "An Act to revise the
law in relation to the construction of the statutes", approved
March 5, 1874, as amended, no amendment of this Section
purporting to abolish or having the effect of abolishing a
cause of action shall be applied to invalidate a cause of
action accruing before its effective date, irrespective of
whether the amendment was passed before or after the effective
date of this amendatory Act of 1986.
    Each action hereunder shall be barred unless commenced
within one year next after the cause of action accrued.
    However, a licensed distributor or brewer whose only
connection with the furnishing of alcoholic liquor which is
alleged to have caused intoxication was the furnishing or
maintaining of any apparatus for the dispensing or cooling of
beer is not liable under this Section, and if such licensee is
named as a defendant, a proper motion to dismiss shall be
granted.
    (b) Any person licensed under any state or local law to
sell alcoholic liquor, whether or not a citizen or resident of
this State, who in person or through an agent causes the
intoxication, by the sale or gift of alcoholic liquor, of any
person who, while intoxicated, causes injury to any person or
property in the State of Illinois thereby submits such licensed
person, and, if an individual, his or her personal
representative, to the jurisdiction of the courts of this State
for a cause of action arising under subsection (a) above.
    Service of process upon any person who is subject to the
jurisdiction of the courts of this State, as provided in this
subsection, may be made by personally serving the summons upon
the defendant outside this State, as provided in the Code of
Civil Procedure, as now or hereafter amended, with the same
force and effect as though summons had been personally served
within this State.
    Only causes of action arising under subsection (a) above
may be asserted against a defendant in an action in which
jurisdiction over him or her is based upon this subsection.
    Nothing herein contained limits or affects the right to
serve any process in any other manner now or hereafter provided
by law.
(Source: P.A. 90-111, eff. 7-14-97.)
 
    Section 20. The Code of Civil Procedure is amended by
changing Section 8-2006 as follows:
 
    (735 ILCS 5/8-2006)
    Sec. 8-2006. Copying fees; adjustment for inflation.
Beginning in 2003, every January 20, the copying fee limits
established in Sections 8-2001, 8-2003, 8-2004, and 8-2005
shall automatically be increased or decreased, as applicable,
by a percentage equal to the percentage change in the consumer
price index-u during the preceding 12-month calendar year.
"Consumer price index-u" means the index published by the
Bureau of Labor Statistics of the United States Department of
Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city
average, all items, 1982-84 = 100. The new amount resulting
from each annual adjustment shall be determined by the
Comptroller and made available to the public via the
Comptroller's official website by January 31 of every year on
January 20 of every year.
(Source: P.A. 92-228, eff. 9-1-01.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/30/2006