Public Act 094-0982
 		





SB2356 Enrolled
LRB094 16182 RSP 51425 b






    AN ACT concerning the State Comptroller.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 10. The Illinois Pension Code is amended  by 
changing Section 15-125 as follows:
 



    (40 ILCS 5/15-125)  (from Ch. 108 1/2, par. 15-125)


    Sec. 15-125. "Prescribed Rate of Interest; Effective Rate 
of Interest". :


    (1) "Prescribed rate of interest": The rate of interest to 
be used in
actuarial valuations and in development of actuarial 
tables as determined
by the board on the basis of the probable 
average effective rate of
interest on a long term basis.

    (2) "Effective rate of interest": The interest rate for all 
or any part of
a fiscal year that is determined by the board 
based
on factors including the system's past and expected 
investment experience;
historical and expected fluctuations in 
the market value of investments; the
desirability of minimizing 
volatility in the effective rate of interest from
year to year; 
and the provision of reserves for anticipated losses upon 
sales,
redemptions, or other disposition of investments and for 
variations in interest
experience; except that for the purpose 
of determining the accumulated normal contributions used in 
calculating retirement annuities under Rule 2 of Section 
15-136, the effective rate of interest shall be determined by 
the State  Comptroller rather than the board.  The State 
Comptroller shall determine the effective rate of interest to 
be used for this purpose using the factors listed above, and 
shall certify to the board and the Commission on Government 
Forecasting and Accountability the rate to be used for this 
purpose for fiscal year 2006 as soon as possible after the 
effective date of this amendatory Act of the 94th General 
Assembly, and for each fiscal year thereafter no later than the 
January 31
September 1 immediately preceding the start of that 
fiscal year.  
    (3) The change made to this Section by Public Acts 90-65 
and 90-511 is a clarification of existing law.

(Source: P.A. 94-4, eff. 6-1-05; revised 10-11-05.)

 
    Section 15. The Liquor Control Act of 1934 is amended  by 
changing Section 6-21 as follows:
 



    (235 ILCS 5/6-21)  (from Ch. 43, par. 135)



    Sec. 6-21. (a) Every person who is injured within this 
State, in
person or property, by any intoxicated person has a 
right of
action in his or her own name, severally or jointly, 
against any person,
licensed under the laws of this State or of 
any other state to sell
alcoholic liquor, who, by selling or 
giving alcoholic liquor,
within or without the territorial 
limits of this State, causes the
intoxication of such person.

Any person at least
21 years of age who pays for a hotel or 
motel room or facility knowing that
the room or facility is to 
be used by any person under 21 years of age for
the unlawful 
consumption of alcoholic liquors and such consumption causes

the intoxication of the person under 21 years of age, shall be 
liable to
any person who is injured in person or property by 
the intoxicated person
under 21 years of age.
Any person 
owning, renting, leasing or permitting the
occupation of any 
building or premises with knowledge that alcoholic
liquors are 
to be sold therein, or who having leased the same for other

purposes, shall knowingly permit therein the sale of any 
alcoholic liquors
that have caused the intoxication of any 
person, shall be liable, severally
or jointly, with the person 
selling
or giving the liquors. However, if such building or 
premises belong to a
minor or other person under guardianship 
the guardian of such person shall
be held liable instead of the 
ward. A married woman has the same right to
bring the action 
and to control it and the amount recovered as an unmarried

woman. All damages recovered by a minor under this Act shall be 
paid either
to the minor, or to his or her parent, guardian or 
next friend as the court
shall direct. The unlawful sale or 
gift of alcoholic liquor works a
forfeiture of all rights of 
the lessee or tenant under any lease or
contract of rent upon 
the premises where the unlawful sale or gift takes
place. All 
actions for damages under this Act may be by any appropriate

action in the circuit court. An action shall lie for injuries 
to either
means
of
support or loss of society, but not both, 
caused by an intoxicated person
or in
consequence of the

intoxication of any person resulting as hereinabove set out.

"Loss of society" means the mutual benefits that each family 
member receives
from the other's continued existence, 
including love, affection, care,
attention, companionship, 
comfort, guidance, and protection.  "Family" includes
spouse, 
children, parents, brothers, and sisters.
 The action, if
the 
person from whom support or society was furnished is living, 
shall be
brought by
any person injured in means of support or 
society in his or her name for
his or her
benefit and the 
benefit of all other persons
injured in means of support or 
society. However, any person claiming to be
injured in
means of 
support or society and not included in any action brought

hereunder may join by
motion made within the times herein 
provided for bringing such action or
the personal 
representative of the deceased person from whom such
support or 
society was furnished may so join. In every such action the 
jury
shall
determine the amount of damages to be recovered 
without regard to and
with no special instructions as to the 
dollar limits on recovery imposed
by this Section. The amount 
recovered in every such action is for the
exclusive benefit of 
the person injured in loss of support or society and
shall be

distributed to such persons in the proportions determined by 
the
verdict rendered or judgment entered in the action. If the 
right of action is
settled by agreement with the personal 
representative of a deceased
person from whom support or 
society was furnished, the court having
jurisdiction of
the 
estate of the deceased person shall distribute the amount of 
the
settlement to the person injured in loss of support or 
society in the
proportion,
as determined by the court, that the 
percentage of dependency of each
such person upon the deceased 
person bears to the sum of the percentages
of dependency of all 
such persons upon the deceased person. For all
causes of action 
involving persons injured, killed, or incurring property

damage before September 12, 1985, in no event
shall the 
judgment or recovery under this Act for injury to the person
or 
to the property of any person as hereinabove set out exceed 
$15,000, and
recovery under this Act for loss of means of 
support resulting from the
death or injury of any person, as 
hereinabove set out,
shall not exceed $20,000.
For all causes 
of action
involving persons injured, killed, or incurring 
property damage after
September 12, 1985 but before July 1, 
1998, in
no event shall the
judgment or recovery for injury to 
the person or property of any person
exceed $30,000 for each 
person incurring damages, and recovery
under this
Act for loss 
of means of support resulting from the death or
injury of any

person shall not exceed $40,000.
For all causes of action

involving persons injured, killed, or incurring property 
damage on or after
July 1, 1998, in no event shall the
judgment 
or recovery for injury to the person or property of any person

exceed $45,000 for each person incurring damages, and recovery 
under this
Act for either loss of means of support or loss of 
society resulting from the
death or injury
of any
person shall 
not exceed $55,000.
Beginning in 1999, every January 20, these 
liability limits
shall automatically be increased or 
decreased, as applicable,
by a percentage equal to the 
percentage change in the consumer price index-u
during the 
preceding 12-month calendar year.  "Consumer price index-u" 
means
the index published by the Bureau of Labor Statistics of 
the United States
Department of Labor that measures the average 
change in prices of goods and
services purchased by all urban 
consumers, United States city average, all
items, 1982-84 = 
100.  The new amount resulting from each annual adjustment
shall 
be determined by the Comptroller and made available via the 
Comptroller's official website by January 31 of every year and

to the chief judge of
each judicial circuit.
The liability 
limits at the time at which damages
subject to such limits are 
awarded by final judgment or settlement shall be
utilized by 
the courts.
Nothing in this Section bars
any person
from making 
separate claims which, in the aggregate, exceed any one limit

where such person incurs more than one type of compensable 
damage,
including personal injury, property damage, and loss to 
means of support or
society.
However, all persons claiming loss 
to means of support or society shall be
limited to
an aggregate 
recovery not to exceed the single limitation set forth herein

for the death or injury of each person from whom support or 
society is
claimed.

    Nothing in this Act shall be construed to confer a cause of 
action for
injuries to the person or property of the 
intoxicated person himself, nor
shall anything in this Act be 
construed to confer a cause of action for
loss of means of 
support or society on the intoxicated person himself or on
any 
person
claiming to be supported by such intoxicated person or 
claiming the society
of such person.
In conformance with the 
rule of statutory construction enunciated in
the general 
Illinois saving provision in Section 4 of "An Act to revise
the 
law in relation to the construction of the statutes", approved 
March
5, 1874, as amended, no amendment of this Section 
purporting to abolish
or having the effect of abolishing a 
cause of action shall be applied to
invalidate a cause of 
action accruing before its effective date, irrespective
of 
whether the amendment was passed before or after the effective 
date of
this amendatory Act of 1986.

    Each action hereunder shall be barred unless commenced 
within one year
next after the cause of action accrued.

    However, a licensed distributor or brewer whose only 
connection with the
furnishing of alcoholic liquor which is 
alleged to have caused intoxication
was the furnishing or 
maintaining of any apparatus for the dispensing or
cooling of 
beer is not liable under this Section, and if such licensee is

named as a defendant, a proper motion to dismiss shall be 
granted.

    (b) Any person licensed under any state or local law to

sell alcoholic liquor, whether
or not a citizen or resident of 
this State,
who in person or through an agent
causes the 
intoxication, by the sale or gift of
alcoholic liquor, of any 
person who, while
intoxicated, causes injury to
any person or 
property in the State of Illinois
thereby submits such licensed 
person, and, if an individual, his or her
personal 
representative, to the jurisdiction of the courts of this State

for a cause of action arising under subsection (a) above.

    Service of process upon any person who is subject to the

jurisdiction of the courts of this State, as provided in this 
subsection,
may be made by personally serving the summons upon 
the defendant outside
this State, as provided in the Code of 
Civil Procedure, as now or hereafter
amended, with the same 
force and effect as
though summons had been personally served 
within this State.

    Only causes of action arising under subsection (a) above 
may be
asserted against a defendant in an action in which 
jurisdiction over him
or her is based upon this subsection.

    Nothing herein contained limits or affects the right to 
serve
any process in any other manner now or hereafter provided 
by law.

(Source: P.A. 90-111, eff. 7-14-97.)

 
    Section 20. The Code of Civil Procedure is amended  by 
changing Section 8-2006 as follows:
 



    (735 ILCS 5/8-2006)



    Sec. 8-2006. Copying fees; adjustment for inflation. 
Beginning in
2003, every January 20, the copying fee limits 
established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 
shall automatically be increased or decreased, as
applicable, 
by a percentage equal to the percentage change in the consumer

price index-u during the preceding 12-month calendar year. 
"Consumer price
index-u" means the index published by the 
Bureau of Labor Statistics of the
United States Department of 
Labor that measures the average change in
prices of goods and 
services purchased by all urban consumers, United
States city 
average, all items, 1982-84 = 100. The new amount resulting

from each annual adjustment shall be determined by the 
Comptroller and
made available to the public via the 
Comptroller's official website by January 31 of every year
on 
January 20 of every year.

(Source: P.A. 92-228, eff. 9-1-01.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.