State of Illinois
91st General Assembly
Legislation

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91_SB1234

 
                                              LRB9106593REpkB

 1        AN ACT concerning limitations on asserting a violation of
 2    the single subject rule.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Statute on Statutes is amended by adding
 6    Section 9 as follows:

 7        (5 ILCS 70/9 new)
 8        Sec. 9.  Limitations; alleged  violation  of  the  single
 9    subject rule.
10        (a)   In   any   proceeding,   whether  civil,  criminal,
11    quasi-criminal, administrative, or otherwise, an assertion by
12    a party that a Public Act violates the  single  subject  rule
13    must  be  alleged  in a pleading or motion filed (i) within 6
14    months after the Public Act's effective date, (ii) within  60
15    days after the action arises, or (iii) within the time period
16    established,  without  extension,  by law or by Supreme Court
17    Rule for filing the first pleading or motion after the  issue
18    is  raised  to which an allegation of violation of the single
19    subject rule is responsive, whichever is later.
20        (b) Notwithstanding subsection (a), no pleading or motion
21    relying on an allegation  that  a  Public  Act  violates  the
22    single  subject rule may be filed more than 3 years after the
23    Public Act's effective date.
24        (c) No pleading or motion may  be  amended  or  otherwise
25    allowed  to have retroactive effect (nunc pro tunc) in such a
26    way that would avoid the limitations imposed by this Section.
27        (d) In this Section, "violates the single  subject  rule"
28    means   that   a  Public  Act  violates  the  requirement  in
29    subsection (d) of Section 8 of Article  IV  of  the  Illinois
30    Constitution  that bills (except bills for appropriations and
31    for the codification, revision,  or  rearrangement  of  laws)
 
                            -2-               LRB9106593REpkB
 1    shall be confined to one subject.
 2        (e) For the purposes of this Section, if a Public Act has
 3    more  than  one  effective date, then "Public Act's effective
 4    date" means the effective date of the provision that  is  the
 5    basis for the allegation.
 6        (f)   In   this  Section,  "pleading"  includes,  without
 7    limitation, complaints,  counterclaims,  third-party  claims,
 8    answers,   replies,  petitions,  cross-petitions,  responses,
 9    indictments, criminal informations, and criminal complaints.
10        (g) This Section applies to Public Acts that take  effect
11    on  or after the effective date of this amendatory Act of the
12    91st General Assembly.

13        Section 95.  Severability.  The provisions  of  this  Act
14    are severable under Section 1.31 of the Statute on Statutes.

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

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