(The Center Square) – The Illinois General Assembly has passed legislation from the state Senate president that could expose businesses to lawsuits from around the country.
The Illinois House approved Senate Bill 328 in the final hours of the legislative session over the weekend. SB 328 contains language from an amended SB 26, which initially aimed to amend the Illinois Parentage Act of 2015.
State Rep. Jay Hoffman, D-Swansea, sponsored SB 328 in the House. Hoffman said the bill is an initiative of the Illinois Trial Lawyers Association.
“We made it very clear that this only deals with actions under the Hazardous Substances Act,” Hoffman said Saturday on the House floor.
Senate President Don Harmon, D-Oak Park, is the chief sponsor of the bill.
According to Citizens Against Lawsuit Abuse (CALA) Illinois, the Illinois Trial Lawyers Association’s political-action committee gave Harmon $75,000 in campaign donations from 2022 to early 2025. The only Illinois lawmaker to receive more from the ITLA PAC during that time was Illinois House Speaker Emanuel “Chris” Welch, D-Hillside, who received $80,000.
Welch was the chief House sponsor of SB 328 before Hoffman took over last Friday.
The bill contains language that would change Illinois from a “specific jurisdiction” state to a “general jurisdiction” state, expanding Illinois courts’ reach over out-of-state businesses.
State Rep. Dan Ugaste, R-Geneva, asked Hoffman about a change when the bill language moved over the weekend from Senate Bill 26 to Senate Bill 328.
“Did this remove any of the opposition, though, that you’re aware of?” Ugaste asked.
“I don’t think so,” Hoffman said, chuckling.
“OK,” Ugaste said.
“I wish, but no,” Hoffman said.
Ugaste asked Hoffman if the event for which there is an injury claim would have to occur in Illinois.
“No, but there has to be, this is only in situations where at least one of the responsible parties could already be held accountable here in Illinois,” Hoffman responded.
Ugaste said the bill would open up Illinois courts to events that happen out of state.
“The people could be completely outside of Illinois, the event could occur outside of Illinois, the corporation is located outside of Illinois, yet somehow we believe they should have access to Illinois court,” Ugaste said.
Ugaste said the entire business community is opposed to the bill.
Despite opposition from Ugaste and other Republicans, House members approved the measure by a vote of 77-40.
The American Tort Reform Association called the measure one of the worst bills of the year. ATRA said in a statement it would saddle Illinois families with “astronomically higher costs” and send a message that businesses are not safe in Illinois.
“This would open the floodgates to lawsuits from around the country, making every business registered in Illinois a target. For lawmakers to sneak this in at the final hour is incredibly telling of just how detrimental this legislation would be for hardworking Illinois families,” ATRA president Tiger Joyce stated.
If Gov. J.B Pritzker signs Senate Bill 328, it would take effect immediately.
Dan McCaleb and Kevin Bessler contributed to this story.
