Full Text of SB2356 94th General Assembly
SB2356enr 94TH GENERAL ASSEMBLY
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SB2356 Enrolled |
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| AN ACT concerning the State Comptroller.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 10. The Illinois Pension Code is amended by | 5 |
| changing Section 15-125 as follows:
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| (40 ILCS 5/15-125) (from Ch. 108 1/2, par. 15-125)
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| Sec. 15-125. "Prescribed Rate of Interest; Effective Rate | 8 |
| of Interest" . :
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| (1) "Prescribed rate of interest": The rate of interest to | 10 |
| be used in
actuarial valuations and in development of actuarial | 11 |
| tables as determined
by the board on the basis of the probable | 12 |
| average effective rate of
interest on a long term basis.
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| (2) "Effective rate of interest": The interest rate for all | 14 |
| or any part of
a fiscal year that is determined by the board | 15 |
| based
on factors including the system's past and expected | 16 |
| investment experience;
historical and expected fluctuations in | 17 |
| the market value of investments; the
desirability of minimizing | 18 |
| volatility in the effective rate of interest from
year to year; | 19 |
| and the provision of reserves for anticipated losses upon | 20 |
| sales,
redemptions, or other disposition of investments and for | 21 |
| variations in interest
experience; except that for the purpose | 22 |
| of determining the accumulated normal contributions used in | 23 |
| calculating retirement annuities under Rule 2 of Section | 24 |
| 15-136, the effective rate of interest shall be determined by | 25 |
| the State Comptroller rather than the board. The State | 26 |
| Comptroller shall determine the effective rate of interest to | 27 |
| be used for this purpose using the factors listed above, and | 28 |
| shall certify to the board and the Commission on Government | 29 |
| Forecasting and Accountability the rate to be used for this | 30 |
| purpose for fiscal year 2006 as soon as possible after the | 31 |
| effective date of this amendatory Act of the 94th General | 32 |
| Assembly, and for each fiscal year thereafter no later than the |
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| January 31
September 1 immediately preceding the start of that | 2 |
| fiscal year. | 3 |
| (3) The change made to this Section by Public Acts 90-65 | 4 |
| and 90-511 is a clarification of existing law.
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| (Source: P.A. 94-4, eff. 6-1-05; revised 10-11-05.)
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| Section 15. The Liquor Control Act of 1934 is amended by | 7 |
| changing Section 6-21 as follows:
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| (235 ILCS 5/6-21) (from Ch. 43, par. 135)
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| Sec. 6-21. (a) Every person who is injured within this | 10 |
| State, in
person or property, by any intoxicated person has a | 11 |
| right of
action in his or her own name, severally or jointly, | 12 |
| against any person,
licensed under the laws of this State or of | 13 |
| any other state to sell
alcoholic liquor, who, by selling or | 14 |
| giving alcoholic liquor,
within or without the territorial | 15 |
| limits of this State, causes the
intoxication of such person.
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| Any person at least
21 years of age who pays for a hotel or | 17 |
| motel room or facility knowing that
the room or facility is to | 18 |
| be used by any person under 21 years of age for
the unlawful | 19 |
| consumption of alcoholic liquors and such consumption causes
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| the intoxication of the person under 21 years of age, shall be | 21 |
| liable to
any person who is injured in person or property by | 22 |
| the intoxicated person
under 21 years of age.
Any person | 23 |
| owning, renting, leasing or permitting the
occupation of any | 24 |
| building or premises with knowledge that alcoholic
liquors are | 25 |
| to be sold therein, or who having leased the same for other
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| purposes, shall knowingly permit therein the sale of any | 27 |
| alcoholic liquors
that have caused the intoxication of any | 28 |
| person, shall be liable, severally
or jointly, with the person | 29 |
| selling
or giving the liquors. However, if such building or | 30 |
| premises belong to a
minor or other person under guardianship | 31 |
| the guardian of such person shall
be held liable instead of the | 32 |
| ward. A married woman has the same right to
bring the action | 33 |
| and to control it and the amount recovered as an unmarried
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| woman. All damages recovered by a minor under this Act shall be |
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| paid either
to the minor, or to his or her parent, guardian or | 2 |
| next friend as the court
shall direct. The unlawful sale or | 3 |
| gift of alcoholic liquor works a
forfeiture of all rights of | 4 |
| the lessee or tenant under any lease or
contract of rent upon | 5 |
| the premises where the unlawful sale or gift takes
place. All | 6 |
| actions for damages under this Act may be by any appropriate
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| action in the circuit court. An action shall lie for injuries | 8 |
| to either
means
of
support or loss of society, but not both, | 9 |
| caused by an intoxicated person
or in
consequence of the
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| intoxication of any person resulting as hereinabove set out.
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| "Loss of society" means the mutual benefits that each family | 12 |
| member receives
from the other's continued existence, | 13 |
| including love, affection, care,
attention, companionship, | 14 |
| comfort, guidance, and protection. "Family" includes
spouse, | 15 |
| children, parents, brothers, and sisters.
The action, if
the | 16 |
| person from whom support or society was furnished is living, | 17 |
| shall be
brought by
any person injured in means of support or | 18 |
| society in his or her name for
his or her
benefit and the | 19 |
| benefit of all other persons
injured in means of support or | 20 |
| society. However, any person claiming to be
injured in
means of | 21 |
| support or society and not included in any action brought
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| hereunder may join by
motion made within the times herein | 23 |
| provided for bringing such action or
the personal | 24 |
| representative of the deceased person from whom such
support or | 25 |
| society was furnished may so join. In every such action the | 26 |
| jury
shall
determine the amount of damages to be recovered | 27 |
| without regard to and
with no special instructions as to the | 28 |
| dollar limits on recovery imposed
by this Section. The amount | 29 |
| recovered in every such action is for the
exclusive benefit of | 30 |
| the person injured in loss of support or society and
shall be
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| distributed to such persons in the proportions determined by | 32 |
| the
verdict rendered or judgment entered in the action. If the | 33 |
| right of action is
settled by agreement with the personal | 34 |
| representative of a deceased
person from whom support or | 35 |
| society was furnished, the court having
jurisdiction of
the | 36 |
| estate of the deceased person shall distribute the amount of |
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| the
settlement to the person injured in loss of support or | 2 |
| society in the
proportion,
as determined by the court, that the | 3 |
| percentage of dependency of each
such person upon the deceased | 4 |
| person bears to the sum of the percentages
of dependency of all | 5 |
| such persons upon the deceased person. For all
causes of action | 6 |
| involving persons injured, killed, or incurring property
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| damage before September 12, 1985, in no event
shall the | 8 |
| judgment or recovery under this Act for injury to the person
or | 9 |
| to the property of any person as hereinabove set out exceed | 10 |
| $15,000, and
recovery under this Act for loss of means of | 11 |
| support resulting from the
death or injury of any person, as | 12 |
| hereinabove set out,
shall not exceed $20,000.
For all causes | 13 |
| of action
involving persons injured, killed, or incurring | 14 |
| property damage after
September 12, 1985 but before July 1, | 15 |
| 1998, in
no event shall the
judgment or recovery for injury to | 16 |
| the person or property of any person
exceed $30,000 for each | 17 |
| person incurring damages, and recovery
under this
Act for loss | 18 |
| of means of support resulting from the death or
injury of any
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| person shall not exceed $40,000.
For all causes of action
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| involving persons injured, killed, or incurring property | 21 |
| damage on or after
July 1, 1998, in no event shall the
judgment | 22 |
| or recovery for injury to the person or property of any person
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| exceed $45,000 for each person incurring damages, and recovery | 24 |
| under this
Act for either loss of means of support or loss of | 25 |
| society resulting from the
death or injury
of any
person shall | 26 |
| not exceed $55,000.
Beginning in 1999, every January 20, these | 27 |
| liability limits
shall automatically be increased or | 28 |
| decreased, as applicable,
by a percentage equal to the | 29 |
| percentage change in the consumer price index-u
during the | 30 |
| preceding 12-month calendar year. "Consumer price index-u" | 31 |
| means
the index published by the Bureau of Labor Statistics of | 32 |
| the United States
Department of Labor that measures the average | 33 |
| change in prices of goods and
services purchased by all urban | 34 |
| consumers, United States city average, all
items, 1982-84 = | 35 |
| 100. The new amount resulting from each annual adjustment
shall | 36 |
| be determined by the Comptroller and made available via the |
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| Comptroller's official website by January 31 of every year and
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| to the chief judge of
each judicial circuit.
The liability | 3 |
| limits at the time at which damages
subject to such limits are | 4 |
| awarded by final judgment or settlement shall be
utilized by | 5 |
| the courts.
Nothing in this Section bars
any person
from making | 6 |
| separate claims which, in the aggregate, exceed any one limit
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| where such person incurs more than one type of compensable | 8 |
| damage,
including personal injury, property damage, and loss to | 9 |
| means of support or
society.
However, all persons claiming loss | 10 |
| to means of support or society shall be
limited to
an aggregate | 11 |
| recovery not to exceed the single limitation set forth herein
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| for the death or injury of each person from whom support or | 13 |
| society is
claimed.
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| Nothing in this Act shall be construed to confer a cause of | 15 |
| action for
injuries to the person or property of the | 16 |
| intoxicated person himself, nor
shall anything in this Act be | 17 |
| construed to confer a cause of action for
loss of means of | 18 |
| support or society on the intoxicated person himself or on
any | 19 |
| person
claiming to be supported by such intoxicated person or | 20 |
| claiming the society
of such person.
In conformance with the | 21 |
| rule of statutory construction enunciated in
the general | 22 |
| Illinois saving provision in Section 4 of "An Act to revise
the | 23 |
| law in relation to the construction of the statutes", approved | 24 |
| March
5, 1874, as amended, no amendment of this Section | 25 |
| purporting to abolish
or having the effect of abolishing a | 26 |
| cause of action shall be applied to
invalidate a cause of | 27 |
| action accruing before its effective date, irrespective
of | 28 |
| whether the amendment was passed before or after the effective | 29 |
| date of
this amendatory Act of 1986.
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| Each action hereunder shall be barred unless commenced | 31 |
| within one year
next after the cause of action accrued.
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| However, a licensed distributor or brewer whose only | 33 |
| connection with the
furnishing of alcoholic liquor which is | 34 |
| alleged to have caused intoxication
was the furnishing or | 35 |
| maintaining of any apparatus for the dispensing or
cooling of | 36 |
| beer is not liable under this Section, and if such licensee is
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| named as a defendant, a proper motion to dismiss shall be | 2 |
| granted.
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| (b) Any person licensed under any state or local law to
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| sell alcoholic liquor, whether
or not a citizen or resident of | 5 |
| this State,
who in person or through an agent
causes the | 6 |
| intoxication, by the sale or gift of
alcoholic liquor, of any | 7 |
| person who, while
intoxicated, causes injury to
any person or | 8 |
| property in the State of Illinois
thereby submits such licensed | 9 |
| person, and, if an individual, his or her
personal | 10 |
| representative, to the jurisdiction of the courts of this State
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| for a cause of action arising under subsection (a) above.
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| Service of process upon any person who is subject to the
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| jurisdiction of the courts of this State, as provided in this | 14 |
| subsection,
may be made by personally serving the summons upon | 15 |
| the defendant outside
this State, as provided in the Code of | 16 |
| Civil Procedure, as now or hereafter
amended, with the same | 17 |
| force and effect as
though summons had been personally served | 18 |
| within this State.
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| Only causes of action arising under subsection (a) above | 20 |
| may be
asserted against a defendant in an action in which | 21 |
| jurisdiction over him
or her is based upon this subsection.
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| Nothing herein contained limits or affects the right to | 23 |
| serve
any process in any other manner now or hereafter provided | 24 |
| by law.
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| (Source: P.A. 90-111, eff. 7-14-97.)
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| Section 20. The Code of Civil Procedure is amended by | 27 |
| changing Section 8-2006 as follows:
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| (735 ILCS 5/8-2006)
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| Sec. 8-2006. Copying fees; adjustment for inflation. | 30 |
| Beginning in
2003, every January 20, the copying fee limits | 31 |
| established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 | 32 |
| shall automatically be increased or decreased, as
applicable, | 33 |
| by a percentage equal to the percentage change in the consumer
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| price index-u during the preceding 12-month calendar year. |
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| "Consumer price
index-u" means the index published by the | 2 |
| Bureau of Labor Statistics of the
United States Department of | 3 |
| Labor that measures the average change in
prices of goods and | 4 |
| services purchased by all urban consumers, United
States city | 5 |
| average, all items, 1982-84 = 100. The new amount resulting
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| from each annual adjustment shall be determined by the | 7 |
| Comptroller and
made available to the public via the | 8 |
| Comptroller's official website by January 31 of every year
on | 9 |
| January 20 of every year .
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| (Source: P.A. 92-228, eff. 9-1-01.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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