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90_SB0952ham002
LRB9002543DJcdam03
1 AMENDMENT TO SENATE BILL 952
2 AMENDMENT NO. . Amend Senate Bill 952 as follows:
3 on page 1, below line 3, by inserting the following:
4 "ARTICLE 5
5 Section 5-1. Short title. This Article may be cited as
6 the Choice of Law and Forum Act.
7 Section 5-5. Choice of law. The parties to any
8 contract, agreement, or undertaking, contingent or otherwise,
9 in consideration of or relating to any obligation arising out
10 of a transaction covering in the aggregate not less than
11 $250,000, including a transaction otherwise covered by
12 subsection (1) of Section 1-105 of the Uniform Commercial
13 Code, may agree that the law of this State shall govern
14 their rights and duties in whole or in part, whether or not
15 the contract, agreement, or undertaking bears a reasonable
16 relation to this State. This Section shall not apply to any
17 contract, agreement, or undertaking (i) for labor or personal
18 services, (ii) relating to any transaction for personal,
19 family, or household services, or (iii) to the extent
20 provided to the contrary in subsection (2) of Section 1-105
21 of the Uniform Commercial Code. Nothing contained in this
-2- LRB9002543DJcdam03
1 Section shall be construed to limit or deny the enforcement
2 of any provision respecting choice of law in any other
3 contract, agreement, or undertaking.
4 Section 5-10. Choice of forum. Any person may maintain
5 an action or proceeding against a foreign corporation,
6 non-resident, or foreign state if the action or proceeding
7 arises out of or relates to any contract, agreement, or
8 undertaking for which a choice of Illinois law has been made
9 in whole or in part pursuant to Section 5-5 and that (i) is a
10 contract, agreement, or undertaking, contingent or otherwise,
11 in consideration of or relating to any obligation arising out
12 of a transaction covering in the aggregate not less than
13 $500,000 and (ii) contains a provision or provisions under
14 which the foreign corporation or non-resident agrees to
15 submit to the jurisdiction of the courts of this State.
16 Nothing contained in this Section shall be construed to
17 affect the enforcement of any provision respecting choice of
18 forum in any contract, agreement, or undertaking.
19 ARTICLE 10"; and
20 on line 4, by changing "Section 5" to "Section 10-5"; and
21 on page 15, line 4, by changing "Section 10" to "Section
22 10-10"; and
23 below line 27, by inserting the following:
24 "ARTICLE 99"; and
25 on line 28, by changing "Section 99" to "Section 99-5".