96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0103


 
Introduced 2/17/2010, by Sen. David Luechtefeld - Bill Brady - Kirk W. Dillard - Randall M. Hultgren - Kyle McCarter, et al.
 
SYNOPSIS AS INTRODUCED:
 		


















ILCON Art. IV Sec. 13.5 new









    Proposes to amend the Legislature Article of the Illinois Constitution.  Provides that the General Assembly may determine by statute the limit of liability for all damages and losses other than economic damages of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that is or is claimed to be a cause of or that contributes or is claimed to contribute to the disease, injury, or death of a person.   Requires a majority vote of all the members elected to each house  to pass legislation to limit liability on non-economic damages and requires that the legislation cite this Section. Effective upon being declared adopted.


















LRB096 20163 AJO 35718 e

















 


 


A BILL FOR









 











SC0103

LRB096 20163 AJO 35718 e






1

SENATE JOINT RESOLUTION


2

CONSTITUTIONAL AMENDMENT


 

3
    RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL 
4
ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 
5
CONCURRING HEREIN, that there shall be submitted to the 
6
electors of the State for adoption or rejection at the general 
7
election next occurring at least 6 months after the adoption of 
8
this resolution a proposition to add Section 13.5 to Article IV 
9
of the Illinois Constitution as follows:

 

10

ARTICLE IV 


11

THE LEGISLATURE



12
    (ILCON Art. IV Sec. 13.5  new)
13
SECTION 13.5. LIMITATION ON LIABILITY FOR NON-ECONOMIC DAMAGES
14
    (a) In this Section "economic damages" means compensatory 
15
damages for any pecuniary loss or damage. The term does not 
16
include any loss or damage for past, present, and future 
17
physical pain and suffering, mental anguish and suffering, loss 
18
of consortium, loss of companionship and society, 
19
disfigurement, or physical impairment.
20
    (b) Notwithstanding any other provision of this 
21
constitution, the General Assembly may determine by statute the 
22
limit of liability for all damages and losses other than 
23
economic damages of a provider of medical or health care with 
 


 






SC0103
- 2 -
LRB096 20163 AJO 35718 e




1
respect to treatment, lack of treatment, or other claimed 
2
departure from an accepted standard of medical or health care 
3
or safety that is or is claimed to be a cause of or that 
4
contributes or is claimed to contribute to the disease, injury, 
5
or death of a person. This subsection (b) applies without 
6
regard to whether the claim or cause of action arises under or 
7
is derived from common law, a statute, or other law, including 
8
any claim or cause of action based or sounding in tort, 
9
contract, or any other theory or any combination of theories of 
10
liability. The claim or cause of action includes a medical or 
11
health care liability claim as defined by the legislature.
12
    (c) This Section applies to any law enacted by the General 
13
Assembly on or after the effective date of this constitutional 
14
amendment.
15
    (d) A legislative exercise of authority under subsection 
16
(b) of this Section requires a majority vote of all the members 
17
elected to each house and must include language citing this 
18
Section.

 

19

SCHEDULE


20
    This Constitutional Amendment takes effect upon being 
21
declared adopted in accordance with Section 7 of the Illinois 
22
Constitutional Amendment Act.