House Sponsors: DART-LANG-GASH-SCHOENBERG-LOPEZ. Senate Sponsors: O'MALLEY-SEVERNS Short description: CIV PRO-DECEDENT PARTY LAWSUIT Synopsis of Bill as introduced: 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. Last action on Bill: PUBLIC ACT.............................. 90-0111 Last action date: 97-07-14 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 1 END OF INQUIRY Full Text Bill Status