92nd General Assembly
Status of SB0688
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 Full Text  Bill Summary

   735 ILCS 5/2-801.5 new                                                      
   735 ILCS 5/2-801.6 new                                                      
   735 ILCS 5/2-807 new                                                        

        Amends the Code of Civil Procedure.  Provides that in  an  action      
   in which (1) a claimant seeks recovery of damages on behalf of a class      
   of claimants; and (2) the interpretation, application, or violation of      
   a  State agency rule is involved for at least one defendant, the court      
   must dismiss the action unless  the  court  determines  that  (1)  the      
   interpretation,  application,  or  violation  of  a  State agency rule      
   involves only questions of law; and (2) the State agency may not  make      
   any  findings  of  fact or conclusions of law or issue any orders that      
   would aid the court in resolving the action.  Provides that the period      
   of dismissal is at least 6 months or any other  reasonable  time  that      
   the  court  determines  appropriate.  Provides  for  a  tolling of the      
   statute of limitations on the civil action during the period in  which      
   the claimant seeks an administrative remedy.  Provides that there is a      
   rebuttable  presumption of non-liability in a civil action against the      
   entity if the regulated agency that regulates the entity gave explicit      
   or implicit approval of the  activity  for  which  the  injured  party      
   asserts  was  the  basis  of  the injury.  Provides that discovery and      
   other proceedings  are  stayed  in  a  civil  action  in  which  class      
   certification  is  sought  during  the pendency of a motion to dismiss      
   unless the court finds that particularized discovery is  necessary  to      
   preserve  evidence  or  to prevent undue hardship to a party. Provides      
   for waiver of appeal bond requirements in certain class action  cases.      
   Applies to all pending and new actions.  Effective immediately.             
   FEB-21-2001  S  FIRST READING                                                  
   FEB-21-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   FEB-28-2001  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   MAR-07-2001  S       TO SUBCOMMITTEE                                           
   MAR-21-2001  S       TO SUBCOMMITTEE                                           
   MAR-21-2001  S                   COMMITTEE               JUDICIARY             
   MAR-31-2001  S  RE-REFERRED TO RULES COMM/RULE 3-9(A)    RULES                 
   JAN-07-2003  S  SESSION SINE DIE                                               


 Full Text  Bill Summary