97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5806

 

Introduced 2/16/2012, by Rep. Sidney H. Mathias

 

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. 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.


LRB097 19440 AJO 64693 b

 

 

A BILL FOR

 

HB5806LRB097 19440 AJO 64693 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 only in the county in which the transaction or some
4part thereof occurred out of which the cause of action arose
5any 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 actions filed on or after its effective date.
18(Source: P.A. 91-212, eff. 7-20-99.)
 
19    (735 ILCS 5/2-102)  (from Ch. 110, par. 2-102)
20    Sec. 2-102. Residence of corporations, voluntary
21unincorporated associations and partnerships defined. For
22purposes of venue, the following definitions apply:
23    (a) Any private corporation or railroad or bridge company,
24organized under the laws of this State, and any foreign
25corporation authorized to transact business in this State is a

 

 

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

 

 

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1    (a) Actions must be brought against a public, municipal,
2governmental or quasi-municipal corporation in the county in
3which its principal office is located or in the county in which
4the transaction or some part thereof occurred out of which the
5cause of action arose. Except as otherwise provided in Section
67-102 of this Code, if the cause of action is related to an
7airport owned by a unit of local government or the property or
8aircraft operations thereof, however, including an action
9challenging the constitutionality of this amendatory Act of the
1093rd General Assembly, the action must be brought in the county
11in which the unit of local government's principal office is
12located. Actions to recover damage to real estate which may be
13overflowed or otherwise damaged by reason of any act of the
14corporation may be brought in the county where the real estate
15or some part of it is situated, or in the county where the
16corporation is located, at the option of the party claiming to
17be injured. Except as otherwise provided in Section 7-102 of
18this Code, any cause of action that is related to an airport
19owned by a unit of local government, and that is pending on or
20after the effective date of this amendatory Act of the 93rd
21General Assembly in a county other than the county in which the
22unit of local government's principal office is located, shall
23be transferred, upon motion of any party under Section 2-106 of
24this Code, to the county in which the unit of local
25government's principal office is located.
26    (b) Any action to quiet title to real estate, or to

 

 

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1partition or recover possession thereof or to foreclose a
2mortgage or other lien thereon, must be brought in the county
3in which the real estate or some part of it is situated.
4    (c) Any action which is made local by any statute must be
5brought in the county designated in the statute.
6    (d) Every action against any owner, publisher, editor,
7author or printer of a newspaper or magazine of general
8circulation for libel contained in that newspaper or magazine
9may be commenced only in the county in which the defendant
10resides or has his, her or its principal office or in which the
11article was composed or printed, except when the defendant
12resides or the article was printed without this State, in
13either of which cases the action may be commenced in any county
14in which the libel was circulated or published.
15    (e) (Blank). Actions against any insurance company
16incorporated under the law of this State or doing business in
17this State may also be brought in any county in which the
18plaintiff or one of the plaintiffs may reside.
19    (f) The changes made by this amendatory Act of the 97th
20General Assembly apply to actions filed on or after its
21effective date.
22(Source: P.A. 93-450, eff. 8-6-03.)
 
23    (735 ILCS 5/2-104)  (from Ch. 110, par. 2-104)
24    Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a)
25No order or judgment is void because rendered in the wrong

 

 

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1venue, except in case of judgment by confession as provided in
2subsection (c) of Section 2-1301 of this Act. No action shall
3abate or be dismissed because commenced in the wrong venue if
4there is a proper venue to which the cause may be transferred.
5If no defendants are residents of this State, and the
6transaction, or some part thereof, out of which the cause of
7action arose did not occur in this State, the action must be
8dismissed for lack of proper venue.
9    (b) All objections of improper venue are waived by a
10defendant unless a motion to transfer to a proper venue or a
11motion to dismiss for lack of proper venue is made by the
12defendant on or before the date upon which he or she is
13required to appear or within any further time that may be
14granted him or her to answer or move with respect to the
15complaint, except that if a defendant upon whose residence
16venue depends is dismissed upon motion of plaintiff, a
17remaining defendant may promptly move for transfer as though
18the dismissed defendant had not been a party.
19    (c) Motions to dismiss or for transfer to a proper venue
20may be supported and opposed by affidavit. In determining
21issues of fact raised by affidavits, any competent evidence
22adduced by the parties shall also be considered. The
23determination of any issue of fact in connection with a motion
24to transfer does not constitute a determination of the merits
25of the case or any aspect thereof.
26    (d) The changes made by this amendatory Act of the 97th

 

 

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1General Assembly apply to actions filed on or after its
2effective date.
3(Source: P.A. 83-707.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.