[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1436
LRB9111241RCpk
1 AN ACT to amend the Code of Civil Procedure by adding
2 Section 2-801.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 adding Section 2-801.5 as follows:
7 (735 ILCS 5/2-801.5 new)
8 Sec. 2-801.5. Dismissal involving State agency
9 jurisdiction.
10 (a) This Section applies only to a civil action in
11 which:
12 (1) a claimant seeks recovery of damages on behalf
13 of a class of claimants; and
14 (2) the interpretation, application, or violation
15 of a State agency rule is involved for at least one
16 defendant.
17 (b) A court shall dismiss an action unless the court
18 determines that:
19 (1) the interpretation, application, or violation
20 of a State agency rule involves only questions of law;
21 and
22 (2) the State agency may not make any findings of
23 fact or conclusions of law or issue any orders that would
24 aid the court in resolving the action.
25 (c) A court may dismiss an action if the court
26 determines that a State agency may order in a contested case
27 as defined in Section 1-30 of the Illinois Administrative
28 Procedure Act all or part of the relief the claimant seeks.
29 The court shall specify in its order of dismissal the State
30 agency and the portion of the State agency rule on which the
31 court bases its order.
-2- LRB9111241RCpk
1 (d) A court that dismisses an action under this Section:
2 (1) shall refer specific issues or claims within
3 the State agency's jurisdiction to the State agency for
4 action; and
5 (2) may direct the State agency to report to the
6 court periodically concerning the disposition of the
7 matters referred to the State agency.
8 (e) The statute of limitations for an action dismissed
9 under this Section is tolled for the period during which the
10 claimant seeks an administrative remedy.
11 (f) The court shall provide that the period of dismissal
12 is at least 6 months from the date the court enters the order
13 of dismissal, or any other reasonable time as the court may
14 determine.
15 (g) Relief awarded to a claimant may be adequate even if
16 the relief does not include exemplary damages, multiple
17 damages, attorneys' fees, or court costs.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.