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90_HB0046ham001
LRB9000739LDdvam01
1 AMENDMENT TO HOUSE BILL 46
2 AMENDMENT NO. . Amend House Bill 46 by replacing the
3 title with the following:
4 "AN ACT to amend the Liquor Control Act of 1934 by
5 changing Section 6-21."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Liquor Control Act of 1934 is amended by
9 changing Section 6-21 as follows:
10 (235 ILCS 5/6-21) (from Ch. 43, par. 135)
11 Sec. 6-21. (a) Every person who is injured within this
12 State, in person or property, by any intoxicated person has a
13 right of action in his or her own name, severally or jointly,
14 against any person, licensed under the laws of this State or
15 of any other state to sell alcoholic liquor, who, by selling
16 or giving alcoholic liquor, within or without the territorial
17 limits of this State, causes the intoxication of such person.
18 Any person at least 21 years of age who pays for a hotel or
19 motel room or facility knowing that the room or facility is
20 to be used by any person under 21 years of age for the
21 unlawful consumption of alcoholic liquors and such
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1 consumption causes the intoxication of the person under 21
2 years of age, shall be liable to any person who is injured in
3 person or property by the intoxicated person under 21 years
4 of age. Any person owning, renting, leasing or permitting the
5 occupation of any building or premises with knowledge that
6 alcoholic liquors are to be sold therein, or who having
7 leased the same for other purposes, shall knowingly permit
8 therein the sale of any alcoholic liquors that have caused
9 the intoxication of any person, shall be liable, severally or
10 jointly, with the person selling or giving the liquors.
11 However, if such building or premises belong to a minor or
12 other person under guardianship the guardian of such person
13 shall be held liable instead of the ward. A married woman has
14 the same right to bring the action and to control it and the
15 amount recovered as an unmarried woman. All damages recovered
16 by a minor under this Act shall be paid either to the minor,
17 or to his or her parent, guardian or next friend as the court
18 shall direct. The unlawful sale or gift of alcoholic liquor
19 works a forfeiture of all rights of the lessee or tenant
20 under any lease or contract of rent upon the premises where
21 the unlawful sale or gift takes place. All actions for
22 damages under this Act may be by any appropriate action in
23 the circuit court. An action shall lie for injuries to means
24 of support or loss of society caused by an intoxicated person
25 or in consequence of the intoxication of any person resulting
26 as hereinabove set out. The action, if the person from whom
27 support or society was furnished is living, shall be brought
28 by any person injured in means of support or society in his
29 or her name for his or her benefit and the benefit of all
30 other persons injured in means of support or society.
31 However, any person claiming to be injured in means of
32 support or society and not included in any action brought
33 hereunder may join by motion made within the times herein
34 provided for bringing such action or the personal
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1 representative of the deceased person from whom such support
2 or society was furnished may so join. In every such action
3 the jury shall determine the amount of damages to be
4 recovered without regard to and with no special instructions
5 as to the dollar limits on recovery imposed by this Section.
6 The amount recovered in every such action is for the
7 exclusive benefit of the person injured in loss of support or
8 society and shall be distributed to such persons in the
9 proportions determined by the verdict rendered or judgment
10 entered in the action. If the right of action is settled by
11 agreement with the personal representative of a deceased
12 person from whom support or society was furnished, the court
13 having jurisdiction of the estate of the deceased person
14 shall distribute the amount of the settlement to the person
15 injured in loss of support or society in the proportion, as
16 determined by the court, that the percentage of dependency of
17 each such person upon the deceased person bears to the sum of
18 the percentages of dependency of all such persons upon the
19 deceased person. For all causes of action involving persons
20 injured, killed, or incurring property damage before
21 September 12, 1985, in no event shall the judgment or
22 recovery under this Act for injury to the person or to the
23 property of any person as hereinabove set out exceed $15,000,
24 and recovery under this Act for loss of means of support
25 resulting from the death or injury of any person, as
26 hereinabove set out, shall not exceed $20,000. For all causes
27 of action involving persons injured, killed, or incurring
28 property damage after September 12, 1985 but before January
29 1, 1998, in no event shall the judgment or recovery for
30 injury to the person or property of any person exceed $30,000
31 for each person incurring damages, and recovery under this
32 Act for loss of means of support resulting from the death or
33 injury of any person shall not exceed $40,000. For all causes
34 of action involving persons injured, killed, or incurring
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1 property damage on or after January 1, 1998, in no event
2 shall the judgment or recovery for injury to the person or
3 property of any person exceed $55,000 for each person
4 incurring damages, and recovery under this Act for loss of
5 means of support resulting from the death or injury of any
6 person shall not exceed $65,000. Recovery under this Act for
7 loss of society resulting from the death or injury of any
8 person, as set out in this Section, shall not exceed $65,000.
9 Nothing in this Section bars any person from making separate
10 claims which, in the aggregate, exceed any one limit where
11 such person incurs more than one type of compensable damage,
12 including personal injury, property damage, and loss to means
13 of support or society. However, all persons claiming loss to
14 means of support or society shall be limited to an aggregate
15 recovery not to exceed the single limitation set forth herein
16 for the death or injury of each person from whom support or
17 society is claimed.
18 Nothing in this Act shall be construed to confer a cause
19 of action for injuries to the person or property of the
20 intoxicated person himself, nor shall anything in this Act be
21 construed to confer a cause of action for loss of means of
22 support or society on the intoxicated person himself or on
23 any person claiming to be supported by such intoxicated
24 person or claiming the society of such person. In conformance
25 with the rule of statutory construction enunciated in the
26 general Illinois saving provision in Section 4 of "An Act to
27 revise the law in relation to the construction of the
28 statutes", approved March 5, 1874, as amended, no amendment
29 of this Section purporting to abolish or having the effect of
30 abolishing a cause of action shall be applied to invalidate a
31 cause of action accruing before its effective date,
32 irrespective of whether the amendment was passed before or
33 after the effective date of this amendatory Act of 1986.
34 Each action hereunder shall be barred unless commenced
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1 within one year next after the cause of action accrued.
2 However, a licensed distributor or brewer whose only
3 connection with the furnishing of alcoholic liquor which is
4 alleged to have caused intoxication was the furnishing or
5 maintaining of any apparatus for the dispensing or cooling of
6 beer is not liable under this Section, and if such licensee
7 is named as a defendant, a proper motion to dismiss shall be
8 granted.
9 (b) Any person licensed under any state or local law to
10 sell alcoholic liquor, whether or not a citizen or resident
11 of this State, who in person or through an agent causes the
12 intoxication, by the sale or gift of alcoholic liquor, of any
13 person who, while intoxicated, causes injury to any person or
14 property in the State of Illinois thereby submits such
15 licensed person, and, if an individual, his or her personal
16 representative, to the jurisdiction of the courts of this
17 State for a cause of action arising under subsection (a)
18 above.
19 Service of process upon any person who is subject to the
20 jurisdiction of the courts of this State, as provided in this
21 subsection, may be made by personally serving the summons
22 upon the defendant outside this State, as provided in the
23 Code of Civil Procedure, as now or hereafter amended, with
24 the same force and effect as though summons had been
25 personally served within this State.
26 Only causes of action arising under subsection (a) above
27 may be asserted against a defendant in an action in which
28 jurisdiction over him or her is based upon this subsection.
29 Nothing herein contained limits or affects the right to
30 serve any process in any other manner now or hereafter
31 provided by law.
32 (Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".