Illinois 96th Regular Session Status: Enacted 3 D cosponsors

SB 1716 — CIV PRO-DEATH OF PARTY

Last action — Public Act . . . . . . . . . 96-1513

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2009. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    0 primary, 10 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Code of Civil Procedure. Provides that when a person dies before an action is filed against him or her, a court may appoint a special representative for that decedent, against whom an action may be brought without opening an estate. Deletes a provision requiring notice to heirs or legatees as the court directs, and provides instead that the plaintiff must notify all known heirs or legatees of the decedent by U.S. mail. Provides that any interested person may be substituted as the special representative for good cause shown. Provides that proceeding under this provision shall not bar the estate from filing counterclaims. Deletes a provision limiting recovery to proceeds of any liability insurance available to the estate. Provides that these changes apply to actions commenced or pending on or after the effective date of this amendatory Act. Effective immediately.

Bill Text

What changed in the latest version

183 added · 88 removed

Plain-language change summary

The amended version of SB 1716 removes specific language related to the Code of Civil Procedure regarding the death of a party in legal actions and shifts focus to creating clear procedures for civil unions in Illinois. It introduces definitions and establishes that individuals in a civil union will be treated with the same legal status and protections as married couples. This change is significant because it enhances the rights of couples in civil unions, ensuring they have access to the same benefits and legal recognition as spouses, which promotes equality and protection under the law.

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SB1716 Engrossed LRB096 04132 AJO 14173 b AN ACT concerning civil law.
SB1716 Enrolled LRB096 04132 AJO 14173 b AN ACT concerning civil law.
Section 1.
Short title.
This Act may be cited as the Illinois Religious Freedom Protection and Civil Union Act.
The Code of Civil Procedure is amended by changing Section 13-209 as follows:
Purposes;
(735 ILCS 5/13-209) (from Ch.
rules of construction.
110, par.
This Act shall be liberally construed and applied to promote its underlying purposes, which are to provide adequate procedures for the certification and registration of a civil union and provide persons entering into a civil union with the obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses.
13-209) Sec.
Section 10.
13-209.
Definitions.
Death of party.
As used in this Act:
(a) If a person entitled to bring an action dies before the the expiration of the time limited for the commencement thereof, and the cause of action survives:
"Certificate" means a document that certifies that the persons named on the certificate have established a civil union in this State in compliance with this Act.
(1) an action may be commenced by his or her representative before the expiration of that time, or within one year from his or her death whichever date is the later;
"Civil union" means a legal relationship between 2 persons, of either the same or opposite sex, established pursuant to this Act.
(2) if no petition for letters of office for the decedent's estate has been filed, the court may appoint a special representative for the deceased for the purpose of prosecuting the action.
"Department" means the Department of Public Health.
The appointment shall be on verified motion of any party who appears entitled to participate in the deceased's estate, reciting the names and last known addresses of all known heirs and the legatees and executor named in any will that has been filed.
"Officiant" means the person authorized to certify a civil union in accordance with Section 40.
The court's determination that a person appears SB1716 Engrossed - 2 - LRB096 04132 AJO 14173 b entitled to participate in the deceased's estate shall be solely for purposes of this Section and not determinative of rights in final disposition.
SB1716 Enrolled - 2 - LRB096 04132 AJO 14173 b "Party to a civil union" means a person who has established a civil union pursuant to this Act.
Within 90 days after appointment, the special representative shall notify the heirs and legatees of the following information by mail:
"Party to a civil union" means, and shall be included in, any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and other terms that denote the spousal relationship, as those terms are used throughout the law.
that an appointment has been made, the court in which the case was filed, the caption of the case, and a description of the nature of the case.
Section 15.
The special representative shall publish notice to unknown heirs and legatees as provided in the Probate Act of 1975.
Religious freedom.
If a will is filed within 90 days after the appointment of the special representative, the same notice shall be given to any additional executors and legatees named in the will.
Nothing in this Act shall interfere with or regulate the religious practice of any religious body.
At any time that an estate is opened with a representative other than the special representative, the court may upon motion substitute the representative for the special representative.
Any religious body, Indian Nation or Tribe or Native Group is free to choose whether or not to solemnize or officiate a civil union.
In this case, the court shall allow disbursements and fees of the special representative and his or her attorney as a claim against any proceeds received.
Section 20.
The proceeds of any judgment or settlement shall be distributed under the provisions of the Probate Act of 1975.
Protections, obligations, and responsibilities.
(b) If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, and is not otherwise barred:
A party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses, whether they derive from statute, administrative rule, policy, common law, or any other source of civil or criminal law.
(1) an action may be commenced against his or her SB1716 Engrossed - 3 - LRB096 04132 AJO 14173 b personal representative after the expiration of the time limited for the commencement of the action, and within 6 months after the person's death;
Section 25.
(2) if no petition has been filed for letters of office for the deceased's estate, the court, upon the motion of a person entitled to bring an action and after the notice to the party's heirs or legatees as the court directs and without opening an estate, may appoint a special representative for the deceased party for the purposes of defending the action.
Prohibited civil unions.
If a party elects to have a special representative appointed under this paragraph (2), the recovery shall be limited to the proceeds of any liability insurance protecting the estate and shall not bar the estate from enforcing any claims that might have been available to it as counterclaims.
The following civil unions are prohibited:
(c) If a party commences an action against a deceased person whose death is unknown to the party before the expiration of the time limited for the commencement thereof, and the cause of action survives, and is not otherwise barred, the action may be commenced against the deceased person's personal representative if all of the following terms and conditions are met:
(1) a civil union entered into prior to both parties attaining 18 years of age;
(1) After learning of the death, the party proceeds with reasonable diligence to move the court for leave to file an amended complaint, substituting the personal representative as defendant.
(2) a civil union entered into prior to the dissolution SB1716 Enrolled - 3 - LRB096 04132 AJO 14173 b of a marriage or civil union or substantially similar legal relationship of one of the parties;
SB1716 Engrossed - 4 - LRB096 04132 AJO 14173 b (2) The party proceeds with reasonable diligence to serve process upon the personal representative.
(3) a civil union between an ancestor and a descendent or between siblings whether the relationship is by the half or the whole blood or by adoption;
(3) If process is served more than 6 months after the issuance of letters of office, liability of the estate is limited as to recovery to the extent the estate is protected by liability insurance.
(4) a civil union between an aunt or uncle and a niece or nephew, whether the relationship is by the half or the whole blood or by adoption;
(4) In no event can a party commence an action under this subsection (c) unless a personal representative is appointed and an amended complaint is filed within 2 years of the time limited for the commencement of the original action.
and (5) a civil union between first cousins.
(Source:
Section 30.
P.A.
Application, license, and certification.
90-111, eff.
(a) The Director of Public Health shall prescribe the form for an application, license, and certificate for a civil union.
7-14-97.)
(b) An application for a civil union shall include the following information:
(1) name, sex, occupation, address, social security number, date and place of birth of each party to the civil union;
(2) name and address of the parents or guardian of each party;
(3) whether the parties are related to each other and, if so, their relationship;
and (4) in the event either party was previously married or entered into a civil union or a substantially similar legal relationship, provide the name, date, place and the court in which the marriage or civil union or substantially SB1716 Enrolled - 4 - LRB096 04132 AJO 14173 b similar legal relationship was dissolved or declared invalid or the date and place of death of the former spouse or of the party to the civil union or substantially similar legal relationship.
(c) When an application has been completed and signed by both parties, applicable fees have been paid, and both parties have appeared before the county clerk, the county clerk shall issue a license and a certificate of civil union upon being furnished satisfactory proof that the civil union is not prohibited.
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(d) A license becomes effective in the county where it was issued one day after the date of issuance, and expires 60 days after it becomes effective.
(e) The certificate must be completed and returned to the county clerk that issued the license within 10 days of the civil union.
(f) A copy of the completed certificate from the county clerk or the return provided to the Department of Public Health by a county clerk shall be presumptive evidence of the civil union in all courts.
Section 35.
Duties of the county clerk.
(a) Before issuing a civil union license to a person who resides and intends to continue to reside in another state, the county clerk shall satisfy himself or herself by requiring affidavits or otherwise that the person is not prohibited from SB1716 Enrolled - 5 - LRB096 04132 AJO 14173 b entering into a civil union or substantially similar legal relationship by the laws of the jurisdiction where he or she resides.
(b) Upon receipt of the certificate, the county clerk shall notify the Department of Public Health within 45 days.
The county clerk shall provide the Department of Public Health with a return on a form furnished by the Department of Public Health and shall substantially consist of the following items:
(1) a copy of the application signed and attested to by the applicants, except that in any county in which the information provided in a civil union application is entered into a computer, the county clerk may submit a computer copy of the information without the signatures and attestations of the applicants;
(2) the license number;
(3) a copy of the certificate;
and (4) the date and location of the civil union.
(c) Each month, the county clerk shall report to the Department of Public Health the total number of civil union applications, licenses, and certificates filed during the month.
(d) Any official issuing a license with knowledge that the parties are thus prohibited from entering into a civil union shall be guilty of a petty offense.
Section 40.
Certification.
A civil union may be certified:
SB1716 Enrolled - 6 - LRB096 04132 AJO 14173 b by a judge of a court of record;
by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county, or any unit of local government in return for the solemnization of a civil union and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois;
by a judge of the Court of Claims;
by a county clerk in counties having 2,000,000 or more inhabitants;
by a public official whose powers include solemnization of marriages;
or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his or her religious denomination, Indian Nation or Tribe or Native Group.
The person performing a civil union shall complete the certificate and forward it to the county clerk within 10 days after a civil union.
Section 45.
Dissolution;
declaration of invalidity.
Any person who enters into a civil union in Illinois consents to the jurisdiction of the courts of Illinois for the purpose of any action relating to a civil union even if one or both parties cease to reside in this State.
A court shall enter a judgment of dissolution of a civil union if at the time the action is commenced it meets the grounds for dissolution set SB1716 Enrolled - 7 - LRB096 04132 AJO 14173 b forth in Section 401 of the Illinois Marriage and Dissolution of Marriage Act.
The provisions of Sections 401 through 413 of the Illinois Marriage and Dissolution of Marriage Act shall apply to a dissolution of a civil union.
The provisions of Sections 301 through 306 of the Illinois Marriage and Dissolution of Marriage Act shall apply to the declaration of invalidity of a civil union.
Section 50.
Application of the Civil Practice Law.
The provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided in this Act.
A proceeding for dissolution of a civil union or declaration of invalidity of a civil union shall be entitled "In re the Civil Union of ...
and ...".
The initial pleading in all proceedings under this Act shall be denominated a petition.
A responsive pleading shall be denominated a response.
All other pleadings under this Act shall be denominated as provided in the Civil Practice Law.
Section 55.
Venue.
The proceedings shall be had in the county where the petitioner or respondent resides or where the parties' certificate of civil union was issued, except as otherwise provided herein, but process may be directed to any county in the State.
Objection to venue is barred if not made within such time as the respondent's response is due.
In no event shall venue be deemed jurisdictional.
SB1716 Enrolled - 8 - LRB096 04132 AJO 14173 b Section 60.
Reciprocity.
A marriage between persons of the same sex, a civil union, or a substantially similar legal relationship other than common law marriage, legally entered into in another jurisdiction, shall be recognized in Illinois as a civil union.
Section 90.
Severability.
If any part of this Act or its application to any person or circumstance is adjudged invalid, the adjudication or application shall not affect the validity of this Act as a whole or of any other part.
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Action History

  1. Public Act . . . . . . . . . 96-1513

  2. Effective Date June 1, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs 032-024-001

  7. Motion to Reconsider Vote - Tabled ** Koehler

  8. Motion Filed to Reconsider Vote ** Sen. Don Harmon; Concurrence Motion - HA # 1

  9. Senate Concurs 032-024-001

  10. Added as Co-Sponsor Sen. John J. Cullerton

  11. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments

  12. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  13. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. David Koehler

  14. Added Alternate Co-Sponsor Rep. Lou Lang

  15. Placed on Calendar Order of Concurrence House Amendment(s) 1 - December 1, 2010

  16. Secretary's Desk - Concurrence House Amendment(s) 1

  17. Motion to Reconsider Vote - Tabled ; Rep. Barbara Flynn Currie

  18. Motion Filed to Reconsider Vote Rep. John A. Fritchey

  19. Third Reading - Short Debate - Passed 061-052-002

  20. Added Alternate Co-Sponsor Rep. Robyn Gabel

  21. Added as Co-Sponsor Sen. Jeffrey M. Schoenberg

  22. Added as Co-Sponsor Sen. Mattie Hunter

  23. Added Alternate Co-Sponsor Rep. Kenneth Dunkin

  24. House Committee Amendment No. 1 Pension Note Filed as Amended Revised

  25. Added Alternate Co-Sponsor Rep. William D. Burns

  26. Final Action Deadline Extended-9(b) November 30, 2010

  27. Final Action Deadline Extended-9(b) May 28, 2010

  28. Added Alternate Co-Sponsor Rep. Camille Y Lilly

  29. Final Action Deadline Extended-9(b) May 8, 2010

  30. Added Alternate Co-Sponsor Rep. Karen A. Yarbrough

  31. Final Action Deadline Extended-9(b) April 30, 2010

  32. Final Action Deadline Extended-9(b) November 30, 2009

  33. Final Action Deadline Extended-9(b) May 31, 2009

  34. Placed on Calendar Order of 3rd Reading - Short Debate

  35. Held on Calendar Order of Second Reading - Short Debate

  36. Second Reading - Short Debate

  37. House Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended

  38. Added Alternate Co-Sponsor Rep. Harry Osterman

  39. House Committee Amendment No. 1 Home Rule Note Filed as Amended

  40. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  41. House Committee Amendment No. 1 Judicial Note Filed as Amended

  42. House Committee Amendment No. 1 Fiscal Note Filed as Amended

  43. Added Alternate Co-Sponsor Rep. Sara Feigenholtz

  44. House Committee Amendment No. 1 Pension Note Filed as Amended

  45. House Committee Amendment No. 1 Pension Note Requested as Amended by Rep. David Reis

  46. House Committee Amendment No. 1 Judicial Note Requested as Amended by Rep. David Reis

  47. House Committee Amendment No. 1 Home Rule Note Requested as Amended by Rep. David Reis

  48. House Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. David Reis

  49. House Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. David Reis

  50. Held on Calendar Order of Second Reading - Short Debate

  51. Second Reading - Short Debate

  52. Placed on Calendar 2nd Reading - Short Debate

  53. Do Pass as Amended / Short Debate Youth and Family Committee; 004-002-000

  54. House Committee Amendment No. 1 Adopted in Youth and Family Committee; by Voice Vote

  55. House Committee Amendment No. 1 Filed with Clerk by Youth and Family Committee

  56. Final Action Deadline Extended-9(b) May 29, 2009

  57. Added as Co-Sponsor Sen. Emil Jones, III

  58. Added as Co-Sponsor Sen. Iris Y. Martinez

  59. Added as Chief Co-Sponsor Sen. Heather Steans

  60. Added as Chief Co-Sponsor Sen. Kimberly A. Lightford

  61. Assigned to Youth and Family Committee

  62. Final Action Deadline Extended-9(b) May 22, 2009

  63. Added as Chief Co-Sponsor Sen. Don Harmon

  64. Chief Sponsor Changed to Sen. David Koehler

  65. Added Alternate Chief Co-Sponsor Rep. Constance A. Howard

  66. Added Alternate Chief Co-Sponsor Rep. Deborah Mell

  67. Added Alternate Chief Co-Sponsor Rep. John A. Fritchey

  68. Added Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie

  69. Alternate Chief Sponsor Changed to Rep. Greg Harris

  70. Rule 19(a) / Re-referred to Rules Committee

  71. Assigned to Executive Committee

  72. Referred to Rules Committee

  73. First Reading

  74. Chief House Sponsor Rep. John A. Fritchey

  75. Placed on Calendar Order of First Reading

  76. Arrived in House

  77. Third Reading - Passed; 053-000-000

  78. Placed on Calendar Order of 3rd Reading

  79. Senate Floor Amendment No. 1 Adopted; Harmon

  80. Recalled to Second Reading

  81. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000

  82. Senate Floor Amendment No. 1 Assignments Refers to Judiciary

  83. Rule 2-10 Third Reading Deadline Established As April 30, 2009

  84. Added as Chief Co-Sponsor Sen. Kwame Raoul

  85. Senate Floor Amendment No. 1 Referred to Assignments

  86. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  87. Placed on Calendar Order of 3rd Reading March 25, 2009

  88. Second Reading

  89. Placed on Calendar Order of 2nd Reading March 12, 2009

  90. Do Pass Judiciary; 011-000-000

  91. Assigned to Judiciary

  92. Referred to Assignments

  93. First Reading

  94. Filed with Secretary by Sen. Don Harmon

Sponsors

  • David Koehler · Cosponsor
  • Sara Feigenholtz · Cosponsor
  • Naomi D. Jakobsson · Cosponsor
  • Harry Osterman · Cosponsor
  • Karen A. Yarbrough · Cosponsor
  • Camille Y Lilly · Cosponsor
  • William D. Burns · Cosponsor
  • Kenneth Dunkin · Cosponsor
  • Robyn Gabel · Cosponsor
  • Lou Lang · Cosponsor

Sponsorship breakdown

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0 sponsors · 10 co-sponsors · 173 not signed on · 6 voted No

Sponsors (0)

None.

Co-sponsors (10)

Not signed on (173)

173 members have not signed on to this bill.

Show all 173 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 32 Yea · 24 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 242203
Democrat 8100
Republican 0100
Total 322403
% of votes cast 54%41%0%5%
How each member voted (59)
Member Party Vote
Hendon — Yea
Link — Yea
Mulroe — Yea
Schoenberg — Yea
Steans — Yea
Clayborne — Yea
Frerichs — Yea
Garrett — Yea
Kotowski — Yea
Jacobs — Yea
Demuzio — Yea
Cullerton — Yea
Lauzen — Nay
McCarter — Nay
Brady — Nay
Meeks — Nay
Sullivan — Nay
Millner — Nay
Jones, J. — Nay
Muñoz — Yea
Noland — Yea
Silverstein — Not Voting
Trotter — Yea
Viverito — Nay
Wilhelmi — Yea
Crotty — Yea
Dahl — Nay
Dillard — Nay
Duffy — Nay
Forby — Nay
Haine — Nay
Hultgren — Not Voting
Hutchinson — Yea
Pankau — Not Voting
Radogno — Nay
Raoul — Yea
Righter — Nay
Risinger — Nay
Rutherford — Yea
Sandack — Nay
Sandoval — Yea
Luechtefeld — Nay
Maloney — Yea
Althoff — Nay
Martinez — Yea
Bivins — Nay
Bomke — Nay
Bond — Yea
Burzynski — Nay
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Third Reading

Passed 61 Yea · 52 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 484904
Democrat 12001
Republican 1300
Total 615205
% of votes cast 52%44%0%4%
How each member voted (118)
Member Party Vote
Jackson — Yea
Jefferson — Nay
Nekritz — Yea
Lang — Yea
May — Yea
Mell — Yea
Mendoza — Yea
Sente — Yea
Soto — Yea
Davis, Monique — Yea
McGuire — Yea
Burke — Yea
Dunkin — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Madigan — Yea
McAuliffe — Nay
Moffitt — Nay
Mulligan — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Hannig — Yea
Harris — Yea
O'Sullivan — Nay
Hernandez — Yea
Osmond — Nay
Phelps — Nay
Pihos — Nay
Howard — Yea
Senger — Nay
Sommer — Nay
Reitz — Nay
Lyons — Nay
Thapedi — Yea
Tryon — Nay
Turner — Yea
Verschoore — Nay
Wait — Nay
Bradley — Nay
Brady — Nay
Winters — Nay
Sullivan — Nay
Mitchell, Bill — Nay
Mitchell, Jerry — Nay
Yarbrough — Yea
Zalewski — Yea
Watson — Nay
Cavaletto — Nay
Coladipietro — Nay
Cole — Nay
Colvin — Yea
Connelly — Nay
Cross — Nay
Cultra — Nay
Currie — Yea
Durkin — Nay
Eddy — Nay
Fortner — Nay
Golar — Yea
Hatcher — Nay
Holbrook — Nay
Jakobsson — Yea
Kosel — Nay
McCarthy — Not Voting
Myers — Not Voting
Pritchard — Nay
D'Amico — Nay
Dugan — Not Voting
Osterman — Yea
Poe — Nay
Ramey — Nay
Reboletti — Nay
Reis — Nay
Riley — Yea
Sacia — Nay
Saviano — Yea
Schmitz — Nay
Leitch — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Nay
Bellock — Nay
Mathias — Not Voting
Berrios — Yea
Biggins — Nay
Mautino — Nay
Black — Yea
Boland — Yea
Bost — Nay
Brauer — Nay
Burns — Yea
Carberry — Yea
McAsey — Yea
Coulson — Yea
Chapa LaVia — Nay
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea
Jil Tracy Republican Nay

Official roll call →

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 43006
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Kotowski — Yea
Lauzen — Yea
Martinez — Yea
Millner — Yea
Noland — Yea
Steans — Yea
Demuzio — Yea
Viverito — Yea
Jacobs — Yea
Munoz — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Clayborne — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hutchinson — Yea
Link — Yea
Maloney — Yea
Cullerton — Yea
Meeks — Not Voting
Raoul — Yea
Schoenberg — Not Voting
Silverstein — Not Voting
Trotter — Not Voting
Wilhelmi — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Not Voting
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Radogno — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
McCarter — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 1716 do?
Amends the Code of Civil Procedure. Provides that when a person dies before an action is filed against him or her, a court may appoint a special representative for that decedent, against whom an action may be brought without opening an estate. Deletes a provision requiring notice to heirs or legatees as the court directs, and provides instead that the plaintiff must notify all known heirs or legatees of the decedent by U.S. mail. Provides that any interested person may be substituted as the special representative for good cause shown. Provides that proceeding under this provision shall not bar the estate from filing counterclaims. Deletes a provision limiting recovery to proceeds of any liability insurance available to the estate. Provides that these changes apply to actions commenced or pending on or after the effective date of this amendatory Act. Effective immediately.
Who sponsors SB 1716?
SB 1716 is sponsored by David Koehler (Democrat), Sara Feigenholtz (Democrat), Naomi D. Jakobsson, Harry Osterman, Karen A. Yarbrough, Camille Y Lilly, William D. Burns, Kenneth Dunkin, Robyn Gabel (Democrat), and Lou Lang.
What is the current status of SB 1716?
This bill has been enacted into law. Introduced February 19, 2009. Enacted.
Where can I track SB 1716?
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