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| Public Act 094-0982 |
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AN ACT concerning the State Comptroller.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Illinois Pension Code is amended by | ||||
changing Section 15-125 as follows:
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(40 ILCS 5/15-125) (from Ch. 108 1/2, par. 15-125)
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Sec. 15-125. "Prescribed Rate of Interest; Effective Rate | ||||
of Interest". :
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(1) "Prescribed rate of interest": The rate of interest to | ||||
be used in
actuarial valuations and in development of actuarial | ||||
tables as determined
by the board on the basis of the probable | ||||
average effective rate of
interest on a long term basis.
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(2) "Effective rate of interest": The interest rate for all | ||||
or any part of
a fiscal year that is determined by the board | ||||
based
on factors including the system's past and expected | ||||
investment experience;
historical and expected fluctuations in | ||||
the market value of investments; the
desirability of minimizing | ||||
volatility in the effective rate of interest from
year to year; | ||||
and the provision of reserves for anticipated losses upon | ||||
sales,
redemptions, or other disposition of investments and for | ||||
variations in interest
experience; except that for the purpose | ||||
of determining the accumulated normal contributions used in | ||||
calculating retirement annuities under Rule 2 of Section | ||||
15-136, the effective rate of interest shall be determined by | ||||
the State Comptroller rather than the board. The State | ||||
Comptroller shall determine the effective rate of interest to | ||||
be used for this purpose using the factors listed above, and | ||||
shall certify to the board and the Commission on Government | ||||
Forecasting and Accountability the rate to be used for this | ||||
purpose for fiscal year 2006 as soon as possible after the | ||||
effective date of this amendatory Act of the 94th General | ||||
Assembly, and for each fiscal year thereafter no later than the | ||||
January 31
September 1 immediately preceding the start of that | ||
fiscal year. | ||
(3) The change made to this Section by Public Acts 90-65 | ||
and 90-511 is a clarification of existing law.
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(Source: P.A. 94-4, eff. 6-1-05; revised 10-11-05.)
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Section 15. The Liquor Control Act of 1934 is amended by | ||
changing Section 6-21 as follows:
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(235 ILCS 5/6-21) (from Ch. 43, par. 135)
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Sec. 6-21. (a) Every person who is injured within this | ||
State, in
person or property, by any intoxicated person has a | ||
right of
action in his or her own name, severally or jointly, | ||
against any person,
licensed under the laws of this State or of | ||
any other state to sell
alcoholic liquor, who, by selling or | ||
giving alcoholic liquor,
within or without the territorial | ||
limits of this State, causes the
intoxication of such person.
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Any person at least
21 years of age who pays for a hotel or | ||
motel room or facility knowing that
the room or facility is to | ||
be used by any person under 21 years of age for
the unlawful | ||
consumption of alcoholic liquors and such consumption causes
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the intoxication of the person under 21 years of age, shall be | ||
liable to
any person who is injured in person or property by | ||
the intoxicated person
under 21 years of age.
Any person | ||
owning, renting, leasing or permitting the
occupation of any | ||
building or premises with knowledge that alcoholic
liquors are | ||
to be sold therein, or who having leased the same for other
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purposes, shall knowingly permit therein the sale of any | ||
alcoholic liquors
that have caused the intoxication of any | ||
person, shall be liable, severally
or jointly, with the person | ||
selling
or giving the liquors. However, if such building or | ||
premises belong to a
minor or other person under guardianship | ||
the guardian of such person shall
be held liable instead of the | ||
ward. A married woman has the same right to
bring the action | ||
and to control it and the amount recovered as an unmarried
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woman. All damages recovered by a minor under this Act shall be | ||
paid either
to the minor, or to his or her parent, guardian or | ||
next friend as the court
shall direct. The unlawful sale or | ||
gift of alcoholic liquor works a
forfeiture of all rights of | ||
the lessee or tenant under any lease or
contract of rent upon | ||
the premises where the unlawful sale or gift takes
place. All | ||
actions for damages under this Act may be by any appropriate
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action in the circuit court. An action shall lie for injuries | ||
to either
means
of
support or loss of society, but not both, | ||
caused by an intoxicated person
or in
consequence of the
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intoxication of any person resulting as hereinabove set out.
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"Loss of society" means the mutual benefits that each family | ||
member receives
from the other's continued existence, | ||
including love, affection, care,
attention, companionship, | ||
comfort, guidance, and protection. "Family" includes
spouse, | ||
children, parents, brothers, and sisters.
The action, if
the | ||
person from whom support or society was furnished is living, | ||
shall be
brought by
any person injured in means of support or | ||
society in his or her name for
his or her
benefit and the | ||
benefit of all other persons
injured in means of support or | ||
society. However, any person claiming to be
injured in
means of | ||
support or society and not included in any action brought
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hereunder may join by
motion made within the times herein | ||
provided for bringing such action or
the personal | ||
representative of the deceased person from whom such
support or | ||
society was furnished may so join. In every such action the | ||
jury
shall
determine the amount of damages to be recovered | ||
without regard to and
with no special instructions as to the | ||
dollar limits on recovery imposed
by this Section. The amount | ||
recovered in every such action is for the
exclusive benefit of | ||
the person injured in loss of support or society and
shall be
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distributed to such persons in the proportions determined by | ||
the
verdict rendered or judgment entered in the action. If the | ||
right of action is
settled by agreement with the personal | ||
representative of a deceased
person from whom support or | ||
society was furnished, the court having
jurisdiction of
the | ||
estate of the deceased person shall distribute the amount of | ||
the
settlement to the person injured in loss of support or | ||
society in the
proportion,
as determined by the court, that the | ||
percentage of dependency of each
such person upon the deceased | ||
person bears to the sum of the percentages
of dependency of all | ||
such persons upon the deceased person. For all
causes of action | ||
involving persons injured, killed, or incurring property
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damage before September 12, 1985, in no event
shall the | ||
judgment or recovery under this Act for injury to the person
or | ||
to the property of any person as hereinabove set out exceed | ||
$15,000, and
recovery under this Act for loss of means of | ||
support resulting from the
death or injury of any person, as | ||
hereinabove set out,
shall not exceed $20,000.
For all causes | ||
of action
involving persons injured, killed, or incurring | ||
property damage after
September 12, 1985 but before July 1, | ||
1998, in
no event shall the
judgment or recovery for injury to | ||
the person or property of any person
exceed $30,000 for each | ||
person incurring damages, and recovery
under this
Act for loss | ||
of means of support resulting from the death or
injury of any
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person shall not exceed $40,000.
For all causes of action
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involving persons injured, killed, or incurring property | ||
damage on or after
July 1, 1998, in no event shall the
judgment | ||
or recovery for injury to the person or property of any person
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exceed $45,000 for each person incurring damages, and recovery | ||
under this
Act for either loss of means of support or loss of | ||
society resulting from the
death or injury
of any
person shall | ||
not exceed $55,000.
Beginning in 1999, every January 20, these | ||
liability limits
shall automatically be increased or | ||
decreased, as applicable,
by a percentage equal to the | ||
percentage change in the consumer price index-u
during the | ||
preceding 12-month calendar year. "Consumer price index-u" | ||
means
the index published by the Bureau of Labor Statistics of | ||
the United States
Department of Labor that measures the average | ||
change in prices of goods and
services purchased by all urban | ||
consumers, United States city average, all
items, 1982-84 = | ||
100. The new amount resulting from each annual adjustment
shall | ||
be determined by the Comptroller and made available via the | ||
Comptroller's official website by January 31 of every year and
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to the chief judge of
each judicial circuit.
The liability | ||
limits at the time at which damages
subject to such limits are | ||
awarded by final judgment or settlement shall be
utilized by | ||
the courts.
Nothing in this Section bars
any person
from making | ||
separate claims which, in the aggregate, exceed any one limit
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where such person incurs more than one type of compensable | ||
damage,
including personal injury, property damage, and loss to | ||
means of support or
society.
However, all persons claiming loss | ||
to means of support or society shall be
limited to
an aggregate | ||
recovery not to exceed the single limitation set forth herein
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for the death or injury of each person from whom support or | ||
society is
claimed.
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Nothing in this Act shall be construed to confer a cause of | ||
action for
injuries to the person or property of the | ||
intoxicated person himself, nor
shall anything in this Act be | ||
construed to confer a cause of action for
loss of means of | ||
support or society on the intoxicated person himself or on
any | ||
person
claiming to be supported by such intoxicated person or | ||
claiming the society
of such person.
In conformance with the | ||
rule of statutory construction enunciated in
the general | ||
Illinois saving provision in Section 4 of "An Act to revise
the | ||
law in relation to the construction of the statutes", approved | ||
March
5, 1874, as amended, no amendment of this Section | ||
purporting to abolish
or having the effect of abolishing a | ||
cause of action shall be applied to
invalidate a cause of | ||
action accruing before its effective date, irrespective
of | ||
whether the amendment was passed before or after the effective | ||
date of
this amendatory Act of 1986.
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Each action hereunder shall be barred unless commenced | ||
within one year
next after the cause of action accrued.
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However, a licensed distributor or brewer whose only | ||
connection with the
furnishing of alcoholic liquor which is | ||
alleged to have caused intoxication
was the furnishing or | ||
maintaining of any apparatus for the dispensing or
cooling of | ||
beer is not liable under this Section, and if such licensee is
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named as a defendant, a proper motion to dismiss shall be | ||
granted.
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(b) Any person licensed under any state or local law to
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sell alcoholic liquor, whether
or not a citizen or resident of | ||
this State,
who in person or through an agent
causes the | ||
intoxication, by the sale or gift of
alcoholic liquor, of any | ||
person who, while
intoxicated, causes injury to
any person or | ||
property in the State of Illinois
thereby submits such licensed | ||
person, and, if an individual, his or her
personal | ||
representative, to the jurisdiction of the courts of this State
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for a cause of action arising under subsection (a) above.
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Service of process upon any person who is subject to the
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jurisdiction of the courts of this State, as provided in this | ||
subsection,
may be made by personally serving the summons upon | ||
the defendant outside
this State, as provided in the Code of | ||
Civil Procedure, as now or hereafter
amended, with the same | ||
force and effect as
though summons had been personally served | ||
within this State.
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Only causes of action arising under subsection (a) above | ||
may be
asserted against a defendant in an action in which | ||
jurisdiction over him
or her is based upon this subsection.
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Nothing herein contained limits or affects the right to | ||
serve
any process in any other manner now or hereafter provided | ||
by law.
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(Source: P.A. 90-111, eff. 7-14-97.)
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Section 20. The Code of Civil Procedure is amended by | ||
changing Section 8-2006 as follows:
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(735 ILCS 5/8-2006)
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Sec. 8-2006. Copying fees; adjustment for inflation. | ||
Beginning in
2003, every January 20, the copying fee limits | ||
established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 | ||
shall automatically be increased or decreased, as
applicable, | ||
by a percentage equal to the percentage change in the consumer
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price index-u during the preceding 12-month calendar year. | ||
"Consumer price
index-u" means the index published by the | ||
Bureau of Labor Statistics of the
United States Department of | ||
Labor that measures the average change in
prices of goods and | ||
services purchased by all urban consumers, United
States city | ||
average, all items, 1982-84 = 100. The new amount resulting
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from each annual adjustment shall be determined by the | ||
Comptroller and
made available to the public via the | ||
Comptroller's official website by January 31 of every year
on | ||
January 20 of every year.
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(Source: P.A. 92-228, eff. 9-1-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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