Illinois General Assembly

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 Bill Status of SB1716  96th General Assembly


Short Description:  CIV PRO-DEATH OF PARTY

Senate Sponsors
Sen. David Koehler - Don Harmon - Kwame Raoul - Kimberly A. Lightford - Heather Steans, Iris Y. Martinez, Emil Jones, III, Mattie Hunter, Jeffrey M. Schoenberg and John J. Cullerton

House Sponsors
(Rep. Greg Harris - Barbara Flynn Currie - John A. Fritchey - Deborah Mell - Constance A. Howard, Sara Feigenholtz, Naomi D. Jakobsson, Harry Osterman, Karen A. Yarbrough, Camille Y Lilly, William D. Burns, Kenneth Dunkin, Robyn Gabel and Lou Lang)

Last Action
DateChamber Action
  2/1/2011SenatePublic Act . . . . . . . . . 96-1513

Statutes Amended In Order of Appearance
735 ILCS 5/13-209from Ch. 110, par. 13-209


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that when a person dies before an action is filed against him or her, a court may appoint a special representative for that decedent, against whom an action may be brought without opening an estate. Deletes a provision requiring notice to heirs or legatees as the court directs, and provides instead that the plaintiff must notify all known heirs or legatees of the decedent by U.S. mail. Provides that any interested person may be substituted as the special representative for good cause shown. Provides that proceeding under this provision shall not bar the estate from filing counterclaims. Deletes a provision limiting recovery to proceeds of any liability insurance available to the estate. Provides that these changes apply to actions commenced or pending on or after the effective date of this amendatory Act. Effective immediately.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in provisions concerning the death of a party.

House Committee Amendment No. 1
Deletes reference to:
735 ILCS 5/13-209
Adds reference to:
New Act

Replaces everything after the enacting clause. Creates the Illinois Religious Freedom Protection and Civil Union Act. Defines "civil union" as a legal relationship between 2 persons, of either the same or opposite sex, established in accordance with the Act. Provides that a party to a civil union shall be entitled to the same legal obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses. Prohibits certain civil unions. Provides that the Director of Public Health shall prescribe forms for an application, license, and certificate for a civil union. Contains provisions regarding: application for a civil union license; certification of a civil union; and duties of the county clerk and Department of Public Health. Provides for dissolution and declaration of invalidity of a civil union. Provides that a marriage between persons of the same sex, a civil union, or a substantially similar legal relationship other than common law marriage, legally entered into in another jurisdiction, shall be recognized in Illinois as a civil union. Contains provisions regarding construction, application, religious freedom, severability, and other matters.

 Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 SB 1716 (H-AM 1) will not impact any public pension fund or retirement system in Illinois.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Central Management Services)
 The Department of Central Management Services will incur some operational expenses due to programming modifications to the Group Insurance membership system, as well as other operational expenses to bring other programs in line with the changes made under this bill. This bill could also expand, to the partner, death benefit rights under the Workers' Compensation Act. Additional costs would occur under the Deferred Compensation program as well as Group Insurance. An estimate, however, cannot be determined due to the unknown number of civil unions that would occur under this bill, as amended.

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 Based on a review of SB 1716 (H-AM 1) it has been determined that there may be an increase in judicial workloads. However, it is not possible to determine what impact the bill will have on the need to increase the number of judges in the State.

 Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 1716 (H-AM) does not pre-empt home rule authority.

 State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 1716 (H-AM 1) creates a service mandate.

 Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 SB 245 from the 96th General Assembly allowed members of TRS and the Chicago Teachers Pension Fund to designate a domestic partner as a surviving spouse for purposes of survivor and death benefits (SB 245 has not advanced out of committee). Based on that legislation, the Commission on Government Forecasting and Accountability's actuary estimated that if 1% of active TRS members designate a domestic partner as a beneficiary for survivor benefits, the impact to the system would be as follows; (1) Increase in total actuarial liability = $15,750,000; (2) Increase in total annual costs = $1,838,000; (3) Increase in total annual costs as a percent of payroll = $0.02%.

Actions 
DateChamber Action
  2/19/2009SenateFiled with Secretary by Sen. Don Harmon
  2/19/2009SenateFirst Reading
  2/19/2009SenateReferred to Assignments
  3/4/2009SenateAssigned to Judiciary
  3/11/2009SenateDo Pass Judiciary; 011-000-000
  3/11/2009SenatePlaced on Calendar Order of 2nd Reading March 12, 2009
  3/24/2009SenateSecond Reading
  3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009
  3/27/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/27/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/1/2009SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  4/3/2009SenateRule 2-10 Third Reading Deadline Established As April 30, 2009
  4/15/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/22/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000
  4/23/2009SenateRecalled to Second Reading
  4/23/2009SenateSenate Floor Amendment No. 1 Adopted; Harmon
  4/23/2009SenatePlaced on Calendar Order of 3rd Reading
  4/23/2009SenateThird Reading - Passed; 053-000-000
  4/23/2009HouseArrived in House
  4/23/2009HousePlaced on Calendar Order of First Reading
  4/23/2009HouseChief House Sponsor Rep. John A. Fritchey
  4/23/2009HouseFirst Reading
  4/23/2009HouseReferred to Rules Committee
  4/28/2009HouseAssigned to Executive Committee
  5/8/2009HouseRule 19(a) / Re-referred to Rules Committee
  5/19/2009HouseAlternate Chief Sponsor Changed to Rep. Greg Harris
  5/19/2009HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  5/19/2009HouseAdded Alternate Chief Co-Sponsor Rep. John A. Fritchey
  5/19/2009HouseAdded Alternate Chief Co-Sponsor Rep. Deborah Mell
  5/19/2009HouseAdded Alternate Chief Co-Sponsor Rep. Constance A. Howard
  5/19/2009SenateChief Sponsor Changed to Sen. David Koehler
  5/19/2009SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  5/19/2009HouseFinal Action Deadline Extended-9(b) May 22, 2009
  5/19/2009HouseAssigned to Youth and Family Committee
  5/19/2009SenateAdded as Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/19/2009SenateAdded as Chief Co-Sponsor Sen. Heather Steans
  5/19/2009SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  5/19/2009SenateAdded as Co-Sponsor Sen. Emil Jones, III
  5/22/2009HouseFinal Action Deadline Extended-9(b) May 29, 2009
  5/26/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Youth and Family Committee
  5/26/2009HouseHouse Committee Amendment No. 1 Adopted in Youth and Family Committee; by Voice Vote
  5/26/2009HouseDo Pass as Amended / Short Debate Youth and Family Committee; 004-002-000
  5/26/2009HousePlaced on Calendar 2nd Reading - Short Debate
  5/26/2009HouseSecond Reading - Short Debate
  5/26/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  5/27/2009HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. David Reis
  5/27/2009HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. David Reis
  5/27/2009HouseHouse Committee Amendment No. 1 Home Rule Note Requested as Amended by Rep. David Reis
  5/27/2009HouseHouse Committee Amendment No. 1 Judicial Note Requested as Amended by Rep. David Reis
  5/27/2009HouseHouse Committee Amendment No. 1 Pension Note Requested as Amended by Rep. David Reis
  5/27/2009HouseHouse Committee Amendment No. 1 Pension Note Filed as Amended
  5/28/2009HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/28/2009HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  5/28/2009HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  5/28/2009HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  5/28/2009HouseHouse Committee Amendment No. 1 Home Rule Note Filed as Amended
  5/28/2009HouseAdded Alternate Co-Sponsor Rep. Harry Osterman
  5/29/2009HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/29/2009HouseSecond Reading - Short Debate
  5/29/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  5/29/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2009HouseFinal Action Deadline Extended-9(b) May 31, 2009
  5/31/2009HouseFinal Action Deadline Extended-9(b) November 30, 2009
  12/1/2009HouseFinal Action Deadline Extended-9(b) April 30, 2010
  4/23/2010HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough
  4/30/2010HouseFinal Action Deadline Extended-9(b) May 8, 2010
  5/4/2010HouseAdded Alternate Co-Sponsor Rep. Camille Y Lilly
  5/7/2010HouseFinal Action Deadline Extended-9(b) May 28, 2010
  5/28/2010HouseFinal Action Deadline Extended-9(b) November 30, 2010
  11/16/2010HouseAdded Alternate Co-Sponsor Rep. William D. Burns
  11/29/2010HouseHouse Committee Amendment No. 1 Pension Note Filed as Amended Revised
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Kenneth Dunkin
  11/30/2010SenateAdded as Co-Sponsor Sen. Mattie Hunter
  11/30/2010SenateAdded as Co-Sponsor Sen. Jeffrey M. Schoenberg
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  11/30/2010HouseThird Reading - Short Debate - Passed 061-052-002
  11/30/2010HouseMotion Filed to Reconsider Vote Rep. John A. Fritchey
  11/30/2010HouseMotion to Reconsider Vote - Tabled ; Rep. Barbara Flynn Currie
  11/30/2010SenateSecretary's Desk - Concurrence House Amendment(s) 1
  11/30/2010SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - December 1, 2010
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. David Koehler
  12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  12/1/2010SenateAdded as Co-Sponsor Sen. John J. Cullerton
  12/1/2010SenateSenate Concurs 032-024-001
  12/1/2010SenateMotion Filed to Reconsider Vote ** Sen. Don Harmon; Concurrence Motion - HA # 1
  12/1/2010SenateMotion to Reconsider Vote - Tabled ** Koehler
  12/1/2010SenateSenate Concurs 032-024-001
  12/1/2010SenatePassed Both Houses
  12/17/2010SenateSent to the Governor
  2/1/2011SenateGovernor Approved
  2/1/2011SenateEffective Date June 1, 2011
  2/1/2011SenatePublic Act . . . . . . . . . 96-1513

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