Legislation (2013)


Bill: CIV PRO-JOINT LIABILITY - HB2222

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Description: Amends the Code of Civil Procedure. With respect to certain types of actions, provides that for any defendant whose fault is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant who could have been sued by the plaintiff (instead of any third party defendant except the plaintiff's employer), shall be severally liable for all other damages. Provides that for any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants who could have been sued by the plaintiff (instead of any third party defendants except the plaintiff's employer), shall be jointly and severally liable for all other damages.


Bill:  CIV PRO-TESTIMONY RELIABILITY - HB2221

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Description: Amends the Code of Civil Procedure. Provides limitations upon a non-expert's opinion or inference testimony. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pre-trial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; and severability. Applies to actions commenced on or after the effective date of the amendatory Act and pending actions in which a trial has not been scheduled or in which a trial has been scheduled more than 90 days after the effective date of the amendatory Act. Effective immediately.


Bill: CIV PRO-JOINT LIABILITY - HB2220

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Status: Enacted 7/20/12

Position:  

Description: Amends the Code of Civil Procedure. With respect to certain types of actions, provides that for any defendant whose fault is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant who could have been sued by the plaintiff (instead of any third party defendant except the plaintiff's employer), shall be severally liable for all other damages. Provides that for any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants who could have been sued by the plaintiff (instead of any third party defendants except the plaintiff's employer), shall be jointly and severally liable for all other damages.


Bill: UNIFORM COLLABORATIVE LAW ACT - SB0031

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Description: Creates the Uniform Collaborative Law Act. Defines terms. Provides that the provisions of the Act are applicable to collaborative law participation agreements that meet the requirements of the Act signed on or after the effective date of the Act. Contains provisions concerning: requirements of collaborative law agreements; the beginning and conclusion of the collaborative law process; proceedings before a tribunal; disqualification of collaborative lawyers; disclosure of information; standards of professional responsibility and mandatory reporting; procedures for protecting parties from violent or coercive behavior; confidentiality; privileges; the authority of a tribunal if a collaborative agreement does not meet the requirements of the Act; uniformity of application and construction; and the Act's relation to the federal Electronic Signatures in Global and National Commerce Act.


Bill: SUP CT-RULE-ATTY-JUDGE CONTRIB - HB2218

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Description: Amends the Supreme Court Act. Provides that the Supreme Court shall establish rules requiring that immediately upon the assignment of a matter to a judge, an attorney in the matter must disclose to the court and parties to the matter any campaign contribution made to the judge by the attorney or the attorney's law firm. Provides that the rules shall provide that in the event that the aggregate of any campaign contributions made in the past 5 years to the judge's campaign by the attorney or the attorney's law firm was in excess of $500, the judge shall disqualify himself or herself upon timely application made by a party to the matter who has not made any contribution to the judge's campaign. Provides that the rules shall not preclude disqualification due to any other rule or with respect to contributions under $500 or made more than 5 years before the assignment of the matter to the judge. Provides that the rules shall apply to contributions to a person who becomes a judge and who received contributions to the person's campaign for a nomination for election to any judicial office, an election of a judicial candidate, and a judicial retention election. Effective immediately


Bill: CIV PRO-FEES-PREVAILING PARTY - HB2217

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Description: Amends the Code of Civil Procedure. Authorizes the Illinois Supreme Court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions in which the amount in controversy is more than $10,000 but does not exceed $100,000. Provides that, if a limitation period that applies to a plaintiff's cause of action has expired, then a defendant may not, after the expiration of that period, designate a third-party defendant with respect to that cause of action. Provides that, if a circuit court grants or denies, in whole or in part, a motion to dismiss due to the absence of a basis in law or fact for the action, then the court may award costs and reasonable and necessary attorney's fees to the prevailing party in amounts that the court determines are equitable and just. Authorizes reasonable deposition fees to be recovered as costs.


Bill: FAMILY LAW-VARIOUS - HB1452

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Description: Amends the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act to abolish actions for alienation of affections, breach of promise to marry, and criminal conversation, changes the short titles of those Acts, amends the Code of Civil Procedure to make a conforming change, and contains findings. Amends the Illinois Marriage and Dissolution of Marriage Act by making changes regarding: construction of the Act; venue; pleadings; solemnization of marriage; offenses involving issuance of licenses; grounds for dissolution of marriage; judgments for legal separation; mediation; costs of educational sessions; hearings on default; filing of a praecipe for summons; time for entering judgments; simplified dissolution procedure; temporary relief; dissolution action stays; agreements; disposition of property and debts; child support; attorney's fees; modification of provisions of judgments; educational expenses; support for disabled children who have attained majority; custody proceedings, hearings, and orders; allocation and restriction of parental responsibilities; parenting plans; interviews and evaluations of children; enforcement of allocated parenting time; parental relocation; applicability; repeal of various provisions; and other matters. Amends the Intergovernmental Missing Child Recovery Act of 1984, the Code of Criminal Procedure of 1963, the Illinois Domestic Violence Act of 1986, and the Probate Act of 1975 to make conforming changes.


Bill: CONSUMER FRAUD-LAFFEY MATRIX - HB1447

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Description: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that, when entering judgment for reasonable attorney's fees in any case arising under the Act in which the prevailing party is permitted to recover reasonable attorney's fees, the court shall use the Laffey Matrix prepared by the Civil Division of the United States Attorney's Office for the District of Columbia and adjusted using the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Baltimore area. Excludes cases in which the hourly rate for attorney's fees is limited by statute.


Bill: CIV PRO-ATTY FEE-LAFFEY MATRIX - HB1313

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Description: Amends the Code of Civil Procedure. Provides that, when entering judgment for reasonable attorney's fees in any civil case under a statute permitting the prevailing party to recover reasonable attorney's fees, the court shall use the Laffey Matrix prepared by the Civil Division of the United States Attorney's Office for the District of Columbia and adjusted using the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Baltimore area. Excludes cases in which the hourly rate for attorney's fees is limited by statute.


Bill: UNIFORM COLLABORATIVE LAW ACT -  HB1239

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Description: Creates the Uniform Collaborative Law Act. Defines terms. Provides that the provisions of the Act are applicable to collaborative law participation agreements that meet the requirements of the Act signed on or after the effective date of the Act. Contains provisions concerning: requirements of collaborative law agreements; the beginning and conclusion of the collaborative law process; proceedings before a tribunal; disqualification of collaborative lawyers; disclosure of information; standards of professional responsibility and mandatory reporting; procedures for protecting parties from violent or coercive behavior; confidentiality; privileges; the authority of a tribunal if a collaborative agreement does not meet the requirements of the Act; uniformity of application and construction; and the Act's relation to the federal Electronic Signatures in Global and National Commerce Act.


Bill: EMPLOYEE PRIVACY-PERSONAL ACCT - HB1047

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Status: Enacted  3/13/2013

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Description: Amends provisions of the Right to Privacy in the Workplace Act prohibiting certain inquiries by an employer. Deletes language in those provisions regarding an employee's social networking website account information. Provides that: an employer may not request or require an employee or prospective employee to provide a user name, password, or other means to gain access to the employee's or prospective employee's personal online account; an employer may request or require an employee to disclose any user name, password, or other means for accessing an electronic communications device supplied or paid for in whole or in part by the employer or accounts or services provided by the employer or by virtue of the employee's employment relationship with the employer or that the employee uses for business purposes; an employer may not discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee solely for an employee's refusal to disclose specified information, fail or refuse to hire any prospective employee as a result of the prospective employee's refusal to disclose specified information, or be held liable for failure to request or require that an employee or prospective employee disclose specified information; those provisions do not prevent an employer from conducting certain investigations; the provisions do not limit an employer's right to have specified workplace policies and monitor usage of the employer's electronic equipment and electronic mail under specified circumstances; and those provisions do not prohibit an employer from obtaining information about a prospective employee or an employee that is in the public domain or that is otherwise obtained in compliance with the provisions. Effective immediately.


Bill: CIV PRO-VENUE-RESIDENCE - HBO138

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Status: To General Law Subcommittee 3/14/2013

Position:  

Description:  Amends the Code of Civil Procedure. Deletes language providing that an action may be commenced in any county if all defendants are nonresidents of the State, and replaces it with language providing that if no defendants that are joined in good faith and with probable cause for the purpose of obtaining a judgment against them are residents of the State, an action may be commenced only in the county in which the transaction or some part thereof occurred out of which the cause of action arose. Makes various changes in provisions defining the residence of certain corporations, voluntary unincorporated associations, and partnerships. Deletes language providing that actions against an insurance company incorporated under the laws of this State or doing business in this State may be brought in any county in which the plaintiff or one of the plaintiffs resides. Provides that if no defendants are residents of this State, and the transaction, or some part thereof, out of which the cause of action arose did not occur in this State, the action must be dismissed for lack of proper venue. Makes changes in relation to motions claiming improper venue. Provides that the changes made by the amendatory Act apply to actions filed on or after its effective date. Effective immediately.


Bill:  MIN WAGE-OVERTIME-ALTERN SHIFT - SB0104

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Description:  Amends the Minimum Wage Law. Provides that overtime compensation provisions of the Law do not apply to any employee who is a member of a bargaining unit recognized by the Illinois Labor Relations Board and whose union has contractually agreed to an alternate shift schedule as allowed by specified provisions of the Fair Labor Standards Act of 1938.


Bill:  HOMELESS BILL OF RIGHTS-NEW - SB1210

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Description:  Creates the Bill of Rights for the Homeless Act. Sets forth certain rights of homeless persons. Provides that in any civil action alleging a violation of the Act, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorney's fees and costs to a prevailing plaintiff. Amends the Illinois Human Rights Act to make corresponding changes. Defines "housing status" as the status of having or not having a fixed or regular residence, including the status of living on the streets, in a shelter, or in a temporary residence.


Bill:  NOTARY-ELECTRONIC APPLICATION - SB1219

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Description:  Amends the Illinois Notary Public Act. Provides that if the Secretary of State implements an electronic application system for the appointment of notaries public, then each applicant for appointment as a notary public shall use that system to apply for appointment as a notary public. Authorizes persons making an electronic application for appointment as a notary public to sign and verify electronically the oath that is required of all notaries public. Repeals a provision that would have terminated, as of July 1, 2013, the requirement that a notary public officially sign, at the time of a notarial act, every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. Provides that identification documents are documents that are valid at the time of the notarial act, issued by a state agency, federal government agency, or consulate, and bearing the photographic image of the individual's face and signature of the individual (now, the definition of that term is scheduled to be repealed on July 1, 2013). Effective June 30, 2013.


Bill:  CIV PRO-INSTRUCTION-LIABILITY - SB1414

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Description:  Amends and re-enacts provisions of the Civil Practice Article of the Code of Civil Procedure concerning actions on account of bodily injury or death or physical damage to property based on negligence or product liability based on strict tort liability. Deletes language providing that the court shall instruct the jury in writing that 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 adds language providing that the court shall not instruct the jury of the consequence of any findings of fault of any plaintiff or defendant under specified provisions of the Code. Deletes language providing that: any defendant whose fault is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff's employer, is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, is jointly and severally liable for non-medical damages. Adds language providing that: any defendant whose fault is less than 25% of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is jointly and severally liable for non-medical damages. Contains applicability provisions.


Bill:  CIV PRO-PERSONAL JURISDICTION - SB1500 

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Description:  Amends the Civil Practice Law of the Code of Civil Procedure. Provides that the deadline for filing a motion to dismiss the entire proceeding or to quash service of process on the basis of an objection to the court's jurisdiction over the person, unless extended by the court for good cause shown, is 60 days after the earlier of: (i) the date that the moving party filed an appearance; or (ii) the date that the moving party participated in a hearing without filing an appearance.


Bill:  HB 3732, MIN WAGE-$15 PER HOUR

Sponsor:  Rep. Mary E. Flowers

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Position:  

Description:    Amends the Minimum Wage Law. Increases the minimum wage to $15 per hour on October 1, 2014. Effective immediately.

Last Action

Date Chamber  Action
  11/4/2013 House Referred to Rules Committee


Bill:  SB 2785, REPORTS TO JUDGMENT CREDITORS

Sponsor:  Senate Sponsors: Sen. Michael E. Hastings

Status:  Committee Hearing: Judiciary Hearing Feb 18 2014 3:00PM Capitol 212 Springfield, IL 

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Description:  

Synopsis As Introduced:
     Amends the Illinois Vehicle Code. Provides that if a judgment debtor has a judgment rendered against them that would require the suspension of his or her driver's license should nonpayment occur, the court shall forward a copy of this judgment to the judgment creditor or their attorney of record in addition to the Secretary of State. Effective immediately.

Last Action

Date Chamber  Action
  2/11/2014 Senate Assigned to Judiciary



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