Re-enacts and changes various provisions of the Code of Civil Procedure relating to product liability actions that were added by Public Act 89-7, which was held to be void in its entirety by the Illinois Supreme Court in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997).
Amends the Code of Civil Procedure. Makes a technical change in provisions concerning venue.
Amends the Criminal Code of 1961. Provides that a special government agent commits solicitation misconduct (State government) when, at any time, he or she knowingly solicits or receives contributions, as defined in the Election Code, on behalf of an executive branch constitutional officer or a political committee for such executive branch constitutional officer who has directed, retained, designated, or employed the special government agent to make ex parte communications. Provides that a violation is a Class A misdemeanor. Effective July 1, 2008.
Amends the Nurse Practice Act. Makes a technical change in a Section concerning qualifications for licensure as an advanced practice nurse.
Amends the Good Samaritan Act. In a Section requiring a free medical clinic to post an explanation of its exemption from civil liability for that exemption to apply, as an alternative to this posting, provides that the clinic may provide an explanation of the exemption in writing to each person who is enrolled as a patient or member of that free medical clinic or, in the case of a minor patient or member, to the parent or guardian of that minor. Provides that a free medical clinic may receive reimbursement from other local governmental or community organizations (at present, Illinois Department of Healthcare and Family Services). Effective immediately.
Amends the Code of Civil Procedure. Provides that any civil action based upon a legal theory of civil conspiracy, concert of action, or aiding and abetting may not be established merely by alleging a defendant's alleged participation in the conspiracy alone and that such an action shall be dismissed as a matter of law if the court concludes that the defendant did not owe a legal duty of care to the plaintiff. Provides that no defendant shall be liable under any of those theories unless the underlying tortious conduct is known to the defendant to be the purpose of the agreement giving rise to the action and intentionally committed by a party to the concerted action or agreement. Provides that these changes apply to all pending civil actions and to all actions filed on or after the effective date of the amendatory Act, provided that the changes do not apply to a civil action in which the trial began prior to that effective date. Effective immediately.
Amends the Counties Code. Creates the Lengthy Trial Fund. Provides that the Fund shall be used to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors for more than 10 days. Provides that a fee of $10, which shall be paid to the clerk of the court for deposit into the Fund, shall be charged to each attorney who files a civil case or a pleading in response to a complaint. Amends the Jury Act. Provides that jurors shall not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Provides that an employer may not subject an employee to any adverse employment action by reason of the employee's jury service. Provides that a court shall automatically postpone and reschedule the service of a summoned juror who is employed by an employer with 5 or fewer full-time employees, or the equivalent, if another employee of that employer is summoned to appear during the same period. Provides that an individual may be excused from jury service for a period of up to 24 months, instead of seeking postponement, under the listed circumstances. Raises the fees for failure to attend when summoned to appear as a grand or petit juror to any sum not more than $500 (instead of $100). Amends the State Finance Act to create the Lengthy Trial Fund. Makes other changes. Effective July 1, 2007.
Amends the Illinois Procurement Code. Provides that State officers and employees prohibited from obtaining State contracts may not receive legal, banking, consulting, or other fees related to State government bond issuances. Prohibits waivers from the prohibition. Prohibits State contractors with contracts with an annual aggregate value of more than $25,000 from making political contributions to the executive branch constitutional officers responsible for awarding the contracts. Establishes penalties for violations. Requires that each State contract bid or offer in excess of $10,000 annual value must be accompanied by a disclosure of the bidder's or offeror's political contributions to the executive branch constitutional officer responsible for awarding the contract. Authorizes the State Comptroller to refuse payments under contracts for which those disclosures were not made. Makes other changes.
Creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact finder may not consider: (i) evidence of a defendant's alleged wrongdoing, misconduct, or guilt; (ii) evidence of the defendant's wealth or financial resources; or (iii) any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court post-trial review of noneconomic damage awards pursuant to non-exclusive factors: the passions or prejudices of the trier of fact were inflamed; the defendant's wealth was considered; or the defendant's misconduct was considered so as to punish the defendant contrary to punitive damage award standards. Effective immediately.
Amends the Local Government Antitrust Exemption Act. Makes a technical change in a Section concerning local services.
