Bill Text: IL SB1438 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Code of Civil Procedure. Provides that, if none of the parties joined in good faith as defendants in a civil case are residents of this State, an action against those defendants may be commenced in this State only in the county in which the transaction out of which the cause of action arose, or some part of that transaction, occurred. Provides that a corporation organized under the laws of or authorized to do business in this State is a resident only of any county in which it has its registered office or other office (rather than being a resident of any county in which it does business). Makes similar changes regarding partnerships and voluntary unincorporated associations. Deletes language providing that an insurance company incorporated under the laws of or doing business in this State may be sued in any county in which one of the plaintiffs resides. Provides that, if none of the defendants in a civil action are residents of this State, and no part of the transaction out of which the action arose occurred in this State, the action must be dismissed for lack of proper venue. Makes other changes. Provides that the changes apply to causes of action filed on or after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1438 Detail]

Download: Illinois-2019-SB1438-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1438 Introduced 2/13/2019, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-101 from Ch. 110, par. 2-101
735 ILCS 5/2-102 from Ch. 110, par. 2-102
735 ILCS 5/2-103 from Ch. 110, par. 2-103
735 ILCS 5/2-104 from Ch. 110, par. 2-104
Amends the Code of Civil Procedure. Provides that, if none of the parties joined in good faith as defendants in a civil case are residents of this State, an action against those defendants may be commenced in this State only in the county in which the transaction out of which the cause of action arose, or some part of that transaction, occurred. Provides that a corporation organized under the laws of or authorized to do business in this State is a resident only of any county in which it has its registered office or other office (rather than being a resident of any county in which it does business). Makes similar changes regarding partnerships and voluntary unincorporated associations. Deletes language providing that an insurance company incorporated under the laws of or doing business in this State may be sued in any county in which one of the plaintiffs resides. Provides that, if none of the defendants in a civil action are residents of this State, and no part of the transaction out of which the action arose occurred in this State, the action must be dismissed for lack of proper venue. Makes other changes. Provides that the changes apply to causes of action filed on or after the effective date of the amendatory Act.
LRB101 06114 LNS 51135 b
A BILL FOR
SB1438 LRB101 06114 LNS 51135 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 2-101, 2-102, 2-103, and 2-104 as follows:
(735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
Sec. 2-101. Generally. Except as otherwise provided in this
Act, every action must be commenced (1) in the county of
residence of any defendant who is joined in good faith and with
probable cause for the purpose of obtaining a judgment against
him or her and not solely for the purpose of fixing venue in
that county, or (2) in the county in which the transaction or
some part thereof occurred out of which the cause of action
arose.
If a check, draft, money order, or other instrument for the
payment of child support payable to or delivered to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code is returned by the bank or depository
for any reason, venue for the enforcement of any criminal
proceedings or civil cause of action for recovery and attorney
fees shall be in the county where the principal office of the
State Disbursement Unit is located.
If no all defendants that are joined in good faith and with

SB1438 - 2 - LRB101 06114 LNS 51135 b
probable cause for the purpose of obtaining a judgment against
them are residents nonresidents of the State, an action may be
commenced in this State only in the county in which the
transaction out of which the cause of action arose, or some
part of that transaction, occurred any county.
If the corporate limits of a city, village or town extend
into more than one county, then the venue of an action or
proceeding instituted by that municipality to enforce any fine,
imprisonment, penalty or forfeiture for violation of any
ordinance of that municipality, regardless of the county in
which the violation was committed or occurred, may be in the
appropriate court (i) in the county wherein the office of the
clerk of the municipality is located or (ii) in any county in
which at least 35% of the territory within the municipality's
corporate limits is located.
The changes made by this amendatory Act of the 101st
General Assembly apply to causes of action filed on or after
its effective date.
(Source: P.A. 91-212, eff. 7-20-99.)
(735 ILCS 5/2-102) (from Ch. 110, par. 2-102)
Sec. 2-102. Residence of corporations, voluntary
unincorporated associations and partnerships defined. For
purposes of venue, the following definitions apply:
(a) Any private corporation or railroad or bridge company,
organized under the laws of this State, and any foreign

SB1438 - 3 - LRB101 06114 LNS 51135 b
corporation authorized to transact business in this State is a
resident of any county in which it has its registered office or
other office or is doing business. A foreign corporation not
authorized to transact business in this State is a nonresident
of this State.
(b) A partnership sued in its firm name is a resident of
any county in which any partner resides or in which the
partnership has an office or is doing business. A partnership
sued in its firm name, of which all partners are nonresidents
of this State and which does not have an office or do business
in this State, is a nonresident of this State.
(c) A voluntary unincorporated association sued in its own
name is a resident of any county in which the association has
an office or, if on due inquiry no office can be found, in
which any officer of the association resides. A voluntary
unincorporated association sued in its own name, of which all
its members are nonresidents of this State and which does not
have an office or do business in this State, is a nonresident
of this State.
(d) The changes made by this amendatory Act of the 101st
General Assembly apply to causes of action filed on or after
its effective date.
(Source: P.A. 83-901.)
(735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
Sec. 2-103. Public corporations - Local actions - Libel -

SB1438 - 4 - LRB101 06114 LNS 51135 b
Insurance companies.
(a) Actions must be brought against a public, municipal,
governmental or quasi-municipal corporation in the county in
which its principal office is located or in the county in which
the transaction or some part thereof occurred out of which the
cause of action arose. Except as otherwise provided in Section
7-102 of this Code, if the cause of action is related to an
airport owned by a unit of local government or the property or
aircraft operations thereof, however, including an action
challenging the constitutionality of this amendatory Act of the
93rd General Assembly, the action must be brought in the county
in which the unit of local government's principal office is
located. Actions to recover damage to real estate which may be
overflowed or otherwise damaged by reason of any act of the
corporation may be brought in the county where the real estate
or some part of it is situated, or in the county where the
corporation is located, at the option of the party claiming to
be injured. Except as otherwise provided in Section 7-102 of
this Code, any cause of action that is related to an airport
owned by a unit of local government, and that is pending on or
after the effective date of this amendatory Act of the 93rd
General Assembly in a county other than the county in which the
unit of local government's principal office is located, shall
be transferred, upon motion of any party under Section 2-106 of
this Code, to the county in which the unit of local
government's principal office is located.

SB1438 - 5 - LRB101 06114 LNS 51135 b
(b) Any action to quiet title to real estate, or to
partition or recover possession thereof or to foreclose a
mortgage or other lien thereon, must be brought in the county
in which the real estate or some part of it is situated.
(c) Any action which is made local by any statute must be
brought in the county designated in the statute.
(d) Every action against any owner, publisher, editor,
author or printer of a newspaper or magazine of general
circulation for libel contained in that newspaper or magazine
may be commenced only in the county in which the defendant
resides or has his, her or its principal office or in which the
article was composed or printed, except when the defendant
resides or the article was printed without this State, in
either of which cases the action may be commenced in any county
in which the libel was circulated or published.
(e) (Blank). Actions against any insurance company
incorporated under the law of this State or doing business in
this State may also be brought in any county in which the
plaintiff or one of the plaintiffs may reside.
(f) The changes made by this amendatory Act of the 101st
General Assembly apply to causes of action filed on or after
its effective date.
(Source: P.A. 93-450, eff. 8-6-03.)
(735 ILCS 5/2-104) (from Ch. 110, par. 2-104)
Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a)

SB1438 - 6 - LRB101 06114 LNS 51135 b
No order or judgment is void because rendered in the wrong
venue, except in case of judgment by confession as provided in
subsection (c) of Section 2-1301 of this Act. No action shall
abate or be dismissed because commenced in the wrong venue if
there is a proper venue to which the cause may be transferred.
If no defendants are residents of this State, and the
transaction out of which the cause of action arose, or some
part of that transaction, did not occur in this State, the
cause of action must be dismissed for lack of proper venue.
(b) All objections of improper venue are waived by a
defendant unless a motion to transfer to a proper venue or a
motion to dismiss for lack of proper venue is made by the
defendant on or before the date upon which he or she is
required to appear or within any further time that may be
granted him or her to answer or move with respect to the
complaint, except that if a defendant upon whose residence
venue depends is dismissed upon motion of plaintiff, a
remaining defendant may promptly move for transfer as though
the dismissed defendant had not been a party.
(c) Motions to dismiss or for transfer to a proper venue
may be supported and opposed by affidavit. In determining
issues of fact raised by affidavits, any competent evidence
adduced by the parties shall also be considered. The
determination of any issue of fact in connection with a motion
to transfer does not constitute a determination of the merits
of the case or any aspect thereof.

SB1438 - 7 - LRB101 06114 LNS 51135 b
(d) The changes made by this amendatory Act of the 101st
General Assembly apply to causes of action filed on or after
its effective date.
(Source: P.A. 83-707.)