Illinois General Assembly - Bill Status for SB1912
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 Bill Status of SB1912  102nd General Assembly


Short Description:  CIVIL LAW-TECH

Senate Sponsors
Sen. Kwame Raoul - Michael Noland - Don Harmon, John G. Mulroe, Michael E. Hastings, Toi W. Hutchinson, Patricia Van Pelt, Melinda Bush and Kimberly A. Lightford

House Sponsors
(Rep. Elgie R. Sims, Jr. - Rita Mayfield - William Davis - Jack D. Franks - Mike Smiddy, Ann Williams, Carol A. Sente and Jehan A. Gordon-Booth)

Last Action
DateChamber Action
  8/26/2013SenatePublic Act . . . . . . . . . 98-0548

Statutes Amended In Order of Appearance
735 ILCS 5/Art. II Pt. 23 heading new
735 ILCS 5/2-2301 new


Synopsis As Introduced
Amends the Civil Practice Law of the Code of Civil Procedure. Provides that in any civil action involving a claim for money damages, a release must be tendered by the settling defendants to the plaintiff within 14 days of an agreement to the settlement, and in cases where the law requires court approval of the settlement, the plaintiff shall timely obtain court approval and tender to the defendant a copy of the order approving the settlement. Provides that a settling defendant shall pay all sums due to a settling plaintiff within 21 days of tender by the settling plaintiff to the settling defendant of a duly executed release (and, if required by law, a copy of the order approving the settlement), and provides that upon failure to pay, interest, calculated from the date of the release, shall accrue on the amount of the settlement and shall be payable to the settling plaintiff. Provides that the plaintiff is entitled to judgment without further notice against any settling defendant who has not timely paid. Provides that the new provisions apply to all civil actions involving a claim for money damages. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
735 ILCS 5/Art. II Pt. 23 heading new
735 ILCS 5/2-2301 new
Adds reference to:
735 ILCS 5/9-316from Ch. 110, par. 9-316

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in a Section concerning a lien on crops.

Senate Floor Amendment No. 4
Deletes reference to:
735 ILCS 5/9-316from Ch. 110, par. 9-316
Adds reference to:
735 ILCS 5/Art. II Pt. 23 heading new
735 ILCS 5/2-2301 new

Replaces everything after the enacting clause. Amends the Civil Practice Law of the Code of Civil Procedure. Provides that in any personal injury, property damage, wrongful death, or tort action involving a claim for money damages, a release must be tendered by the settling defendant to the plaintiff within 14 days of an agreement to the settlement, and in cases where the law requires court approval of the settlement, the plaintiff shall tender to the defendant a copy of the court order approving the settlement. Provides that the plaintiff may also timely tender to the settling defendant certain documentation relating to known third-party claimants or subrogation interests (including attorney's liens, healthcare provider liens, or rights of recovery claimed by Medicare, the Centers for Medicare and Medicaid Services, the Illinois Department of Healthcare and Family Services, or private health insurance companies). Provides that a settling defendant shall pay all sums due to a plaintiff within 21 days of tender by the plaintiff to the settling defendant of all required documentation, and provides that upon failure to pay, judgment shall be entered against that defendant for the amount set forth in the executed release, plus costs incurred in obtaining the judgment and interest calculated from the date of the tender by the plaintiff to the defendant of the required documentation. Provides that the new provisions apply to all civil actions involving a claim for money damages, with exceptions. Provides that the provisions in the bill do not apply to units of local government. Effective immediately.

House Committee Amendment No. 1
Provides that the bill does not apply to the State, State agencies, as defined in the Illinois State Auditing Act, State officers or employees when sued in their official capacity, or to persons or entities represented by the Attorney General and provided indemnification under the State Employee Indemnification Act, units of local government, and class action lawsuits. Allows parties to a settlement to agree to the method of documentation of a lien resolution. Effective January 1, 2014.

House Floor Amendment No. 2
Provides that written confirmation includes all written communication. Provides that an executed release is to be tendered before a settlement payment is made.

 Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

 Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

 Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation)
 No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

 Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 This bill will not impact any public pension fund or retirement system in Illinois.

 Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 This bill will not impact any public pension fund or retirement system in Illinois.

 Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability)
 This bill will not impact any public pension fund or retirement system in Illinois.

 Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
 There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.

 Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
 There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.

 Correctional Note, House Floor Amendment No. 3 (Dept of Corrections)
 There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.

 State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 SB 1912 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 1912 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability)
 SB 1912 (H-AM 3) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget)
 This bill would not have a fiscal impact to the State at this time. Changes in the volume of cases that were brought to the courts instead of settled based on the changes in the settlement process could have an impact on the resources of the court system.

 Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget)
 This bill would not have a fiscal impact to the State at this time. Changes in the volume of cases that were brought to the courts instead of settled based on the changes in the settlement process could have an impact on the resources of the court system.

 Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget)
 This bill would not have a fiscal impact to the State at this time. Changes in the volume of cases that were brought to the courts instead of settled based on the changes in the settlement process could have an impact on the resources of the court system.

 State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Fiscal Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 This legislation would have no fiscal impact on the State appropriation to the judicial branch.

 Fiscal Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 This legislation would have no fiscal impact on the State appropriation to the judicial branch.

 Fiscal Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts)
 This legislation would have no fiscal impact on the State appropriation to the judicial branch.

Actions 
DateChamber Action
  2/15/2013SenateFiled with Secretary by Sen. Kwame Raoul
  2/15/2013SenateFirst Reading
  2/15/2013SenateReferred to Assignments
  3/5/2013SenateAssigned to Judiciary
  3/12/2013SenatePostponed - Judiciary
  3/14/2013SenateAdded as Chief Co-Sponsor Sen. Michael Noland
  3/15/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  3/15/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/19/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/19/2013SenateSenate Committee Amendment No. 1 Adopted
  3/19/2013SenateDo Pass as Amended Judiciary; 008-000-000
  3/19/2013SenatePlaced on Calendar Order of 2nd Reading March 20, 2013
  4/15/2013SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  4/15/2013SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/16/2013SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/16/2013SenateAdded as Co-Sponsor Sen. John G. Mulroe
  4/17/2013SenateSenate Floor Amendment No. 2 Postponed - Judiciary
  4/17/2013SenateAdded as Co-Sponsor Sen. Michael E. Hastings
  4/23/2013SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Kwame Raoul
  4/23/2013SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/23/2013SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  4/24/2013SenateSecond Reading
  4/24/2013SenatePlaced on Calendar Order of 3rd Reading April 25, 2013
  4/29/2013SenateRule 2-10 Third Reading Deadline Established As May 3, 2013
  5/2/2013SenateRule 2-10 Third Reading Deadline Established As May 31, 2013
  5/14/2013SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Kwame Raoul
  5/14/2013SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/14/2013SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  5/14/2013SenateSenate Floor Amendment No. 4 Assignments Refers to Judiciary
  5/15/2013SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  5/15/2013SenateSenate Floor Amendment No. 4 Recommend Do Adopt Judiciary; 007-003-001
  5/15/2013SenateRecalled to Second Reading
  5/15/2013SenateSenate Floor Amendment No. 4 Adopted; Raoul
  5/15/2013SenatePlaced on Calendar Order of 3rd Reading
  5/15/2013SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  5/15/2013SenateAdded as Co-Sponsor Sen. Melinda Bush
  5/15/2013SenateThird Reading - Passed; 034-021-001
  5/15/2013SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/15/2013SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/16/2013HouseArrived in House
  5/16/2013HouseChief House Sponsor Rep. Elgie R. Sims, Jr.
  5/16/2013HouseFirst Reading
  5/16/2013HouseReferred to Rules Committee
  5/16/2013HouseFinal Action Deadline Extended-9(b) May 24, 2013
  5/16/2013HouseAssigned to Judiciary
  5/17/2013HouseAdded Alternate Chief Co-Sponsor Rep. Rita Mayfield
  5/20/2013HouseAdded Alternate Chief Co-Sponsor Rep. William Davis
  5/20/2013HouseAdded Alternate Chief Co-Sponsor Rep. Jack D. Franks
  5/21/2013HouseAdded Alternate Chief Co-Sponsor Rep. Mike Smiddy
  5/21/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Elgie R. Sims, Jr.
  5/21/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/21/2013HouseAdded Alternate Co-Sponsor Rep. Ann Williams
  5/22/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  5/22/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  5/22/2013HouseDo Pass as Amended / Short Debate Judiciary; 010-006-000
  5/23/2013HousePlaced on Calendar 2nd Reading - Short Debate
  5/23/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elgie R. Sims, Jr.
  5/23/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/23/2013HouseSecond Reading - Short Debate
  5/23/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2013HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Ron Sandack
  5/23/2013HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/24/2013HouseFinal Action Deadline Extended-9(b) May 31, 2013
  5/26/2013HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-002-000
  5/26/2013HouseHouse Floor Amendment No. 2 Adopted
  5/26/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  5/26/2013HouseAdded Alternate Co-Sponsor Rep. Carol A. Sente
  5/26/2013HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/26/2013HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/26/2013HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/26/2013HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/26/2013HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/26/2013HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/26/2013HouseHouse Committee Amendment No. 1 Judicial Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/26/2013HouseHouse Floor Amendment No. 2 Judicial Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/26/2013HouseHouse Floor Amendment No. 3 Judicial Note Requested as Amended by Rep. Ed Sullivan, Jr.
  5/27/2013HouseHouse Committee Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 3 Land Conveyance Appraisal Note Filed as Amended
  5/27/2013HouseHouse Committee Amendment No. 1 Pension Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 3 Pension Note Filed as Amended
  5/27/2013HouseHouse Committee Amendment No. 1 Correctional Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 3 Correctional Note Filed as Amended
  5/27/2013HouseHouse Committee Amendment No. 1 State Debt Impact Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 3 State Debt Impact Note Filed as Amended
  5/27/2013HouseHouse Committee Amendment No. 1 Balanced Budget Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 2 Balanced Budget Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 3 Balanced Budget Note Filed as Amended
  5/27/2013HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Filed as Amended
  5/27/2013HouseHouse Committee Amendment No. 1 Home Rule Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 3 Home Rule Note Filed as Amended
  5/27/2013HouseHouse Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  5/27/2013HouseHouse Floor Amendment No. 3 Housing Affordability Impact Note Filed as Amended
  5/28/2013HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  5/28/2013HouseHouse Floor Amendment No. 2 Judicial Note Filed as Amended
  5/28/2013HouseHouse Floor Amendment No. 3 Judicial Note Filed as Amended
  5/28/2013HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  5/28/2013HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  5/28/2013HouseHouse Floor Amendment No. 3 Fiscal Note Filed as Amended
  5/28/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2013HouseThird Reading - Short Debate - Passed 067-050-001
  5/28/2013HouseHouse Floor Amendment No. 3 Tabled Pursuant to Rule 40
  5/28/2013HouseVerified
  5/28/2013HouseAdded Alternate Co-Sponsor Rep. Jehan A. Gordon-Booth
  5/28/2013SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/28/2013SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 29, 2013
  5/29/2013SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/29/2013SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/29/2013SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/29/2013SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/29/2013SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/29/2013SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
  5/29/2013SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 010-004-000
  5/29/2013SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 010-004-000
  5/30/2013SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  5/30/2013SenateHouse Committee Amendment No. 1 Senate Concurs 040-013-000
  5/30/2013SenateHouse Floor Amendment No. 2 Senate Concurs 040-013-000
  5/30/2013SenatePassed Both Houses
  6/28/2013SenateSent to the Governor
  8/26/2013SenateGovernor Approved
  8/26/2013SenateEffective Date January 1, 2014
  8/26/2013SenatePublic Act . . . . . . . . . 98-0548

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