Sen. Jil Tracy

Amends the State Finance Act, Counties Code, Illinois Municipal Code, Metro-East Park and Recreation District Act, Local Mass Transit District Act, Regional Transportation Authority Act, and Water Commission Act of 1985. Provides that the amounts transferred into the Tax Compliance and Administration Fund shall be reduced from 1.5% to 1%. Effective July 1, 2023.

Amends the Illinois Income Tax Act and the Invest in Kids Act. Provides that the Invest in Kids credit applies permanently (currently, the credit applies for taxable years ending before January 1, 2024). Effective immediately.

Designates Illinois Route 16 from its intersection with Illinois Route 111 to its intersection with US Route 67 as the "PFC Ronald E. Powers Memorial Highway".

Amends and reenacts provisions of the Civil Practice Article of the Code of Civil Procedure concerning actions on account of bodily injury or death or physical damage to property based on negligence or product liability based on strict tort liability. Provides that the court shall not instruct the jury of the consequence of any findings of fault of any plaintiff or defendant under specified provisions of the Code. Deletes language providing that the court shall instruct the jury in writing that the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. In the Section concerning joint liability, deletes language providing that: any defendant whose fault is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff's employer, is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, is jointly and severally liable for non-medical damages. Adds language providing that: any defendant whose fault is less than 25% of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is jointly and severally liable for non-medical damages. Contains applicability provisions.

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 posttrial review of noneconomic damage awards pursuant to specified nonexclusive factors. Includes legislative findings, definitions, and applicability language. Effective immediately.

Creates the Transparency in Lawsuits Protection Act. Provides that the purpose of the Act is to ensure that any Act enacted in the State shall not create a private right of action unless such a right is expressly stated in that Act. Provides that any Act enacted in the State creating a private right of action shall contain express language providing for such a right and that courts shall not construe a statute to imply a private right of action in the absence of such express language. Provides that the Act applies to any action that has not yet been initiated or is pending on the effective date of the Act. Effective immediately.

Amends the Illinois Governmental Ethics Act. Provides that, for purposes of determining the partisanship of any person who is appointed by the Governor to an office that either requires specific partisanship or limits the number of appointees from a single political party that may be appointed, the vote of that person in the 3 general primary elections immediately preceding the effective date of the appointment shall determine his or her partisanship for that person's term of office. Provides that a person who did not vote, or who voted but did not request a partisan ballot, in the 3 general primary elections immediately preceding the effective date of the appointment or who voted but requested partisan ballots for 2 or more different political parties in the 3 general primary elections immediately preceding the effective date of the appointment shall be deemed an independent for purposes of determining partisanship for that person's term of office.

Amends the Code of Civil Procedure. Provides that the prohibition on the recovery of punitive damages in a legal malpractice action includes damages sought as compensatory damages which were assessed against the legal malpractice plaintiff or failed to be obtained by the legal malpractice plaintiff.

Reenacts 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). Effective immediately.

Amends provisions of the Code of Civil Procedure pertaining to class actions. Adds additional requirements concerning: prerequisites to the maintenance of a class action (including provisions that a class action may be certified only if: the plurality of the class members are residents of Illinois or if the plurality of the class members were physically in Illinois when the cause of action arose; and a class action is superior to other available methods for the fair and efficient adjudication of the controversy); where a class action may be brought; preliminary determinations to be made by the court; notice to the class; coupon and other noncash settlements; loss by class members under a proposed settlement; and attorney's fees.