SB1772 96TH GENERAL ASSEMBLY

LRB096 11395 WGH 21859 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1772

Introduced 2/20/2009, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

New Act

Creates the Transparency in Lawsuits Protection Act. Provides that the purpose of the Act is to ensure that any Act, regulatory or otherwise, enacted in this State shall not create a private right of action unless such a right is expressly stated in the Act. Provides that any Act enacted in this State creating a private right of action shall contain express language providing for such a right and that courts of this State shall not construe a statute to imply a private right of action in the absence of such express language. Applies to any action that has not yet been initiated or is pending on the effective date of the Act. Effective immediately.

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 1. Short title. This Act may be cited as the Transparency in Lawsuits Protection Act.

Section 5. Purpose. The purpose of this Act is to ensure that any Act, regulatory or otherwise, enacted in this State shall not create a private right of action unless such a right is expressly stated in the Act.

Section 10. Transparency required. Any Act enacted in this State creating a private right of action shall contain express language providing for such a right. Courts of this State shall not construe a statute to imply a private right of action in the absence of such express language.

Section 15. Applicability. This Act shall apply to any action that has not yet been initiated or is pending on the effective date of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.