Bill Status of HB 3314   103rd General Assembly

Short Description:  CONSUMER CONTRACTS-ATTY FEES

House Sponsors
Rep. Will Guzzardi-Curtis J. Tarver, II and Jenn Ladisch Douglass

Senate Sponsors
(Sen. Michael W. Halpin)


Last Action  View All Actions

DateChamber Action
  7/28/2023HousePublic Act . . . . . . . . . 103-0344

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Consumer Reciprocal Attorney's Fees Act. Defines "consumer contract" as any contract in which the money, property, or service that is the subject of the transaction is primarily for personal, family, or household purposes. Provides that if a consumer contract allows for the recovery of attorney's fees in an action brought to enforce the contract, the court may award reasonable attorney's fees to the defendant if the defendant prevails in the action. Provides that the Act applies to any action filed on or after the effective date of the Act where the amount claimed does not exceed the maximum amount of a judgment allowable for a small claim under the Illinois Supreme Court Rules, but does not apply if the plaintiff does not request attorney's fees in the complaint or if each party to the consumer contract was represented by counsel in the negotiation of the contract. Provides that nothing in the Act shall be construed to apply to or limit the rights of any party to attorney's fees under any other contract or other provisions of State law.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Defines "commercial party" and "debt buyer". Sets forth the ways a defendant can prevail in an action under the Act. Provides that if the commercial party filing the action is a debt buyer, the Act applies irrespective of when the consumer contract was made or acquired by the debt buyer. Provides that the Act does not apply if each party to the consumer contract was represented by counsel in the negotiation of the consumer contract.

Actions 
DateChamber Action
  2/17/2023HouseFiled with the Clerk by Rep. Will Guzzardi
  2/17/2023HouseFirst Reading
  2/17/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Judiciary - Civil Committee
  3/8/2023HouseAdded Chief Co-Sponsor Rep. Curtis J. Tarver, II
  3/8/2023HouseAdded Co-Sponsor Rep. Jenn Ladisch Douglass
  3/8/2023HouseDo Pass / Short Debate Judiciary - Civil Committee; 013-001-000
  3/8/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/16/2023HouseSecond Reading - Short Debate
  3/16/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/22/2023HouseThird Reading - Short Debate - Passed 072-040-000
  3/23/2023SenateArrive in Senate
  3/23/2023SenatePlaced on Calendar Order of First Reading
  3/23/2023SenateChief Senate Sponsor Sen. Michael W. Halpin
  3/23/2023SenateFirst Reading
  3/23/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Judiciary
  4/19/2023SenateDo Pass Judiciary; 009-000-000
  4/19/2023SenatePlaced on Calendar Order of 2nd Reading April 20, 2023
  5/3/2023SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Michael W. Halpin
  5/3/2023SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/4/2023SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/4/2023SenateSecond Reading
  5/4/2023SenatePlaced on Calendar Order of 3rd Reading May 5, 2023
  5/10/2023SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 006-000-000
  5/10/2023SenateRecalled to Second Reading
  5/10/2023SenateSenate Floor Amendment No. 1 Adopted; Halpin
  5/10/2023SenatePlaced on Calendar Order of 3rd Reading
  5/10/2023SenateThird Reading - Passed; 056-000-000
  5/10/2023HouseArrived in House
  5/10/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/11/2023HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Will Guzzardi
  5/11/2023HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/15/2023HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Judiciary - Civil Committee
  5/16/2023HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 014-000-000
  5/17/2023HouseSenate Floor Amendment No. 1 House Concurs 114-000-000
  5/17/2023HouseHouse Concurs
  5/17/2023HousePassed Both Houses
  6/15/2023HouseSent to the Governor
  7/28/2023HouseGovernor Approved
  7/28/2023HouseEffective Date January 1, 2024
  7/28/2023HousePublic Act . . . . . . . . . 103-0344

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