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Full Text of SB1975  97th General Assembly

SB1975 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1975

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard

 

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 5/2-104  from Ch. 110, par. 2-104

    Amends the Code of Civil Procedure. Provides that, if none of the parties joined in good faith as defendants in a civil case are residents of this State, an action against those defendants may be commenced in the State only in the county in which the transaction out of which the cause of action arose, or some part of that transaction, occurred. Provides that a corporation organized under the laws of or authorized to do business in this State is a resident only of any county in which it has its registered office or other office (rather than being a resident of any county in which it does business). Makes similar changes regarding partnerships and voluntary unincorporated associations. Deletes language providing that an insurance company incorporated under the laws of, or doing business in this State may be sued in any county in which the plaintiff or one of the plaintiffs reside. Provides that, if none of the defendants in a civil action are residents of this State, and no part of the transaction out of which the action arose occurred in this State, the action must be dismissed for lack of proper venue. Makes other changes. Provides that the changes apply to causes of action filed on or after the effective date of the Act.


LRB097 07269 AJO 47378 b

 

 

A BILL FOR

 

SB1975LRB097 07269 AJO 47378 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-101, 2-102, 2-103, and 2-104 as follows:
 
6    (735 ILCS 5/2-101)  (from Ch. 110, par. 2-101)
7    Sec. 2-101. Generally. Except as otherwise provided in this
8Act, every action must be commenced (1) in the county of
9residence of any defendant who is joined in good faith and with
10probable cause for the purpose of obtaining a judgment against
11him or her and not solely for the purpose of fixing venue in
12that county, or (2) in the county in which the transaction or
13some part thereof occurred out of which the cause of action
14arose.
15    If a check, draft, money order, or other instrument for the
16payment of child support payable to or delivered to the State
17Disbursement Unit established under Section 10-26 of the
18Illinois Public Aid Code is returned by the bank or depository
19for any reason, venue for the enforcement of any criminal
20proceedings or civil cause of action for recovery and attorney
21fees shall be in the county where the principal office of the
22State Disbursement Unit is located.
23    If no all defendants that are joined in good faith and with

 

 

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1probable cause for the purpose of obtaining a judgment against
2them are residents nonresidents of the State, an action may be
3commenced in this State only in the county in which the
4transaction out of which the cause of action arose, or some
5part of that transaction, occurred any county.
6    If the corporate limits of a city, village or town extend
7into more than one county, then the venue of an action or
8proceeding instituted by that municipality to enforce any fine,
9imprisonment, penalty or forfeiture for violation of any
10ordinance of that municipality, regardless of the county in
11which the violation was committed or occurred, may be in the
12appropriate court (i) in the county wherein the office of the
13clerk of the municipality is located or (ii) in any county in
14which at least 35% of the territory within the municipality's
15corporate limits is located.
16    The changes made by this amendatory Act of the 97th General
17Assembly apply to causes of action filed on or after its
18effective date.
19(Source: P.A. 91-212, eff. 7-20-99.)
 
20    (735 ILCS 5/2-102)  (from Ch. 110, par. 2-102)
21    Sec. 2-102. Residence of corporations, voluntary
22unincorporated associations and partnerships defined. For
23purposes of venue, the following definitions apply:
24    (a) Any private corporation or railroad or bridge company,
25organized under the laws of this State, and any foreign

 

 

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1corporation authorized to transact business in this State is a
2resident of any county in which it has its registered office or
3other office or is doing business. A foreign corporation not
4authorized to transact business in this State is a nonresident
5of this State.
6    (b) A partnership sued in its firm name is a resident of
7any county in which any partner resides or in which the
8partnership has an office or is doing business. A partnership
9sued in its firm name, of which all partners are nonresidents
10of this State and which does not have an office or do business
11in this State, is a nonresident of this State.
12    (c) A voluntary unincorporated association sued in its own
13name is a resident of any county in which the association has
14an office or, if on due inquiry no office can be found, in
15which any officer of the association resides. A voluntary
16unincorporated association sued in its own name, of which all
17its members are nonresidents of this State and which does not
18have an office or do business in this State, is a nonresident
19of this State.
20    (d) The changes made by this amendatory Act of the 97th
21General Assembly apply to causes of action filed on or after
22its effective date.
23(Source: P.A. 83-901.)
 
24    (735 ILCS 5/2-103)  (from Ch. 110, par. 2-103)
25    Sec. 2-103. Public corporations - Local actions - Libel -

 

 

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1Insurance companies.
2    (a) Actions must be brought against a public, municipal,
3governmental or quasi-municipal corporation in the county in
4which its principal office is located or in the county in which
5the transaction or some part thereof occurred out of which the
6cause of action arose. Except as otherwise provided in Section
77-102 of this Code, if the cause of action is related to an
8airport owned by a unit of local government or the property or
9aircraft operations thereof, however, including an action
10challenging the constitutionality of this amendatory Act of the
1193rd General Assembly, the action must be brought in the county
12in which the unit of local government's principal office is
13located. Actions to recover damage to real estate which may be
14overflowed or otherwise damaged by reason of any act of the
15corporation may be brought in the county where the real estate
16or some part of it is situated, or in the county where the
17corporation is located, at the option of the party claiming to
18be injured. Except as otherwise provided in Section 7-102 of
19this Code, any cause of action that is related to an airport
20owned by a unit of local government, and that is pending on or
21after the effective date of this amendatory Act of the 93rd
22General Assembly in a county other than the county in which the
23unit of local government's principal office is located, shall
24be transferred, upon motion of any party under Section 2-106 of
25this Code, to the county in which the unit of local
26government's principal office is located.

 

 

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1    (b) Any action to quiet title to real estate, or to
2partition or recover possession thereof or to foreclose a
3mortgage or other lien thereon, must be brought in the county
4in which the real estate or some part of it is situated.
5    (c) Any action which is made local by any statute must be
6brought in the county designated in the statute.
7    (d) Every action against any owner, publisher, editor,
8author or printer of a newspaper or magazine of general
9circulation for libel contained in that newspaper or magazine
10may be commenced only in the county in which the defendant
11resides or has his, her or its principal office or in which the
12article was composed or printed, except when the defendant
13resides or the article was printed without this State, in
14either of which cases the action may be commenced in any county
15in which the libel was circulated or published.
16    (e) (Blank). Actions against any insurance company
17incorporated under the law of this State or doing business in
18this State may also be brought in any county in which the
19plaintiff or one of the plaintiffs may reside.
20    (f) The changes made by this amendatory Act of the 97th
21General Assembly apply to causes of action filed on or after
22its effective date.
23(Source: P.A. 93-450, eff. 8-6-03.)
 
24    (735 ILCS 5/2-104)  (from Ch. 110, par. 2-104)
25    Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a)

 

 

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1No order or judgment is void because rendered in the wrong
2venue, except in case of judgment by confession as provided in
3subsection (c) of Section 2-1301 of this Act. No action shall
4abate or be dismissed because commenced in the wrong venue if
5there is a proper venue to which the cause may be transferred.
6If no defendants are residents of this State, and the
7transaction out of which the cause of action arose, or some
8part of that transaction, did not occur in this State, the
9cause of action must be dismissed for lack of proper venue.
10    (b) All objections of improper venue are waived by a
11defendant unless a motion to transfer to a proper venue or a
12motion to dismiss for lack of proper venue is made by the
13defendant on or before the date upon which he or she is
14required to appear or within any further time that may be
15granted him or her to answer or move with respect to the
16complaint, except that if a defendant upon whose residence
17venue depends is dismissed upon motion of plaintiff, a
18remaining defendant may promptly move for transfer as though
19the dismissed defendant had not been a party.
20    (c) Motions to dismiss or for transfer to a proper venue
21may be supported and opposed by affidavit. In determining
22issues of fact raised by affidavits, any competent evidence
23adduced by the parties shall also be considered. The
24determination of any issue of fact in connection with a motion
25to transfer does not constitute a determination of the merits
26of the case or any aspect thereof.

 

 

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1    (d) The changes made by this amendatory Act of the 97th
2General Assembly apply to causes of action filed on or after
3its effective date.
4(Source: P.A. 83-707.)