Sen. Don Harmon
Filed: 5/18/2023
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1 | AMENDMENT TO HOUSE BILL 3062
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2 | AMENDMENT NO. ______. Amend House Bill 3062 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 2. The Code of Civil Procedure is amended by | ||||||
5 | adding Section 2-101.5 as follows: | ||||||
6 | (735 ILCS 5/2-101.5 new) | ||||||
7 | Sec. 2-101.5. Venue in actions asserting constitutional | ||||||
8 | claims against the State. | ||||||
9 | (a) Notwithstanding any other provisions of this Code, if | ||||||
10 | an action is brought against the State or any of its officers, | ||||||
11 | employees, or agents acting in an official capacity on or | ||||||
12 | after the effective date of this amendatory Act of the 103rd | ||||||
13 | General Assembly seeking declaratory or injunctive relief | ||||||
14 | against any State statute, rule, or executive order based on | ||||||
15 | an alleged violation of the Constitution of the State of | ||||||
16 | Illinois or the Constitution of the United States, venue in |
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1 | that action is proper only in the County of Sangamon and the | ||||||
2 | County of Cook. | ||||||
3 | (b) The doctrine of forum non conveniens does not apply to | ||||||
4 | actions subject to this Section. | ||||||
5 | (c) As used in this Section, "State" has the meaning given | ||||||
6 | to that term in Section 1 of the State Employee | ||||||
7 | Indemnification Act.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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