DART-LANG-GASH-SCHOENBERG-LOPEZ. (O'MALLEY-SEVERNS) 735 ILCS 5/2-1008 from Ch. 110, par. 2-1008 735 ILCS 5/13-209 from Ch. 110, par. 13-209 Amends the Code of Civil Procedure. Provides that when a party or potential party to an action dies, the court may appoint a special representative for the deceased for that suit without the appointment being made in separate probate proceedings. Provides that the appointment shall be made upon the verified motion of a party entitled to participate in the deceased's estate or upon the motion of a person filing an action against the estate and that the special representative shall give notice of the proceedings to the heirs, legatees, and executors. Provides that the proceeds from a judgment or settlement for the estate shall be distributed under the Probate Act of 1975 and that the recovery of a judgment against the estate shall be limited to the amount of the estate's liability insurance. Excludes a pending action under the Wrongful Death Act from these provisions. FISCAL NOTE (Dept. of Revenue) HB 297 will not have a fiscal impact on the Dept. SENATE AMENDMENT NO. 1. Adds reference to: 235 ILCS 5/6-21 from Ch. 43, par. 135 Amends the Liquor Control Act. Authorizes an action for loss of society and imposes limits on recoveries for injury to a person or property ($55,000), loss of means of support ($65,000), and loss of society ($65,000). Effective immediately. SENATE AMENDMENT NO. 3. (Senate recedes May 28, 1997) Further amends the Liquor Control Act of 1934 to provide that an action under the Act may be brought for either means of support or loss of society, but not both. Defines loss of society and family. Provides that the amendatory recovery limits shall take effect on or after July 1, 1998 instead of January 1, 1998. CONFERENCE COMMITTEE REPORT NO. 1. Recommends that the Senate recede from S-am 3. Recommends that the bill be further amended as follows: Further amends the Liquor Control Act of 1934 to provide that an action under the Act may be brought for either means of support or loss of society, but not both. Defines loss of society and family. Decreases the amendatory limits for recovery for injury to the person or property ($45,000) and for loss of means of support or loss of society ($55,000). Provides that the amendatory recovery limits shall take effect on or after July 1, 1998 instead of January 1, 1998. Provides that beginning in 1999, the recovery limits shall automatically be increased or decreased by a percentage equal to the percentage change in a certain consumer price index published by the U.S. Bureau of Labor Statistics. Provides that the new recovery limit shall be determined by the Comptroller and made available to the chief judge of each judicial circuit. 97-01-29 H FIRST READING 97-01-29 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-02-05 H ASSIGNED TO COMMITTEE JUD-CIVIL LAW 97-02-19 H DO PASS/SHORT DEBATE 011-000-000 HJUA 97-02-19 H PLACED CALENDAR 2ND READING-SHORT DEBATE 97-02-19 H FISCAL NOTE REQUESTED CROSS 97-02-19 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-03-04 H FISCAL NOTE FILED 97-03-04 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-03-05 H SECOND READING-SHORT DEBATE 97-03-05 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-03-13 H THIRD READING/SHORT DEBATE/PASSED 114-000-000 97-03-14 S ARRIVE IN SENATE 97-03-14 S PLACED CALENDAR ORDER OF FIRST READING 97-03-17 97-04-10 S CHIEF SPONSOR O'MALLEY 97-04-10 S FIRST READING 97-04-10 S REFERRED TO SENATE RULES COMMITTEE RULES 97-04-17 S ASSIGNED TO COMMITTEE JUDICIARY 97-04-24 S AMENDMENT NO. 01-JUDICIARY S 97-04-24 S ADOPTED 97-04-24 S DO PASS AS AMENDED 010-000-000 SJUD 97-04-24 S PLACED ON CALENDAR ORDER OF 2ND READING 97-04-25 97-04-25 S ADDED AS A CHIEF CO-SPONSOR SEVERNS 97-04-29 S SECOND READING 97-04-29 S PLACED ON CALENDAR ORDER OF 3RD READING 97-04-30 97-05-15 S FILED WITH SECRETARY 97-05-15 S AMENDMENT NO. 02-O'MALLEY 97-05-15 S AMENDMENT REFERRED TO SRUL 97-05-15 S FILED WITH SECRETARY 97-05-15 S AMENDMENT NO. 03-O'MALLEY 97-05-15 S AMENDMENT REFERRED TO SRUL 97-05-15 S AMENDMENT NO. 02-O'MALLEY 97-05-15 S RULES REFERS TO SJUD 97-05-15 S AMENDMENT NO. 03-O'MALLEY 97-05-15 S RULES REFERS TO SJUD 97-05-16 S AMENDMENT NO. 02-O'MALLEY 97-05-16 S BE APPROVED FOR CONSIDERATION SJUD/007-000-000 97-05-16 S AMENDMENT NO. 03-O'MALLEY 97-05-16 S BE APPROVED FOR CONSIDERATION SJUD/007-000-000 97-05-16 S RECALLED TO SECOND READING 97-05-16 S MOTION TO TABLE AMENDMENT - PREVAILED 02 97-05-16 S AMENDMENT NO. 03-O'MALLEY 97-05-16 S ADOPTED 97-05-16 S PLACED ON CALENDAR ORDER OF 3RD READING 97-05-16 97-05-16 S THIRD READING - PASSED 057-000-001 97-05-16 H ARRIVE IN HOUSE 97-05-16 H PLACED ON CALENDAR ORDER OF CONCURRENCE 01,03 97-05-17 H PRIMARY SPONSOR CHANGED TO DART 97-05-17 H ADDED AS A JOINT SPONSOR LANG 97-05-17 H MOTION FILED CONCUR 01/DART 97-05-17 H REFERRED TO RULES COMMITTEE/RULE 75(A) 01 97-05-17 H MOTION FILED NON-CONCUR 03/DART 97-05-17 H PLACED ON CALENDAR ORDER OF CONCURRENCE 01,03 97-05-19 H ADDED AS A CO-SPONSOR GASH 97-05-19 H ADDED AS A CO-SPONSOR SCHOENBERG 97-05-19 H ADDED AS A CO-SPONSOR LOPEZ 97-05-19 H BE APPROVED FOR CONSIDERATION 01/003-002-000 97-05-19 H HSE CONCURS IN SEN AMENDMENTS (NO.) 01/105-012-000 97-05-19 H HSE NON-CONCURS IN SEN AMENDMENTS (NO.) 03 97-05-20 S SECRETARYS DESK - NON-CONCURRENCE 03 97-05-20 S FILED WITH SECRETARY 97-05-20 S MOTION REFUSE RECEDE - SEN AMEND NO 03/O'MALLEY 97-05-20 S SEN REFUSES TO RECEDE FROM AMENDMENT NO 03 97-05-20 S SEN REQUESTS CONFERENCE COMMITTEE 1ST/O'MALLEY 97-05-20 S SEN CONFERENCE COMMITTEE APPOINTED 1ST/O'MALLEY, 97-05-20 S HAWKINSON, PETKA, 97-05-20 S CULLERTON, SEVERNS 97-05-23 H HSE ACCEDE REQUEST CONFERENCE COMMITTEE 1ST 97-05-23 H HSE CONFERENCE COMMITTEE APPOINTED 1ST/DART, 97-05-23 H LANG, HANNIG, 97-05-23 H CHURCHILL & CROSS 97-05-27 H HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST 97-05-27 H CONFERENCE COMMITTEE REPORT REFERRED TO 1ST/HRUL 97-05-27 H BE APPROVED FOR CONSIDERATION 1ST/HRUL 97-05-27 S FILED WITH SECRETARY 97-05-27 S CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY 97-05-27 S CONFERENCE COMMITTEE REPORT REFERRED TO SRUL 97-05-27 H HOUSE ADOPTED CONFERENCE REPORT 1ST/118-000-000 97-05-28 S CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY 97-05-28 S RULES REFERS TO SJUD 97-05-28 S CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY 97-05-28 S BE APPROVED FOR CONSIDERATION SJUD/008-000-000 97-05-28 S SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/O'MALLEY 97-05-28 S SENATE ADOPTED CONFERENCE REPORT 1ST/058-000-000 97-05-28 S BOTH HOUSES ADOPTED CONFERENCE REPORT 1ST 97-05-28 H PASSED BOTH HOUSES 97-06-06 H SENT TO THE GOVERNOR 97-07-14 H GOVERNOR APPROVED 97-07-14 H EFFECTIVE DATE 97-07-14 97-07-14 H PUBLIC ACT.............................. 90-0111 END OF INQUIRY Full Text Bill Summary