Senate Bill 328, as amended, makes significant changes to the law governing jurisdiction in Illinois, which would change Illinois from a specific jurisdiction state to a general jurisdiction state for actions that allege injury or illness resulting from exposure to a toxic substance. Per the Uniform Hazardous Substances Act of Illinois, “toxic” is defined as “any substance (other than radioactive substance) which has the capacity to produce bodily injury or illness to man through ingestion, inhalation, or absorption through any body surface.” Senate Bill 328, with end of session amendments, passed both chambers as of June 1, 2025. Governor JB Pritzker is expected to sign the legislation into law.

Senate Bill 328, as amended, provides the following:

• An Illinois court may now exercise general jurisdiction in any action arising within or outside the State of Illinois against a foreign business corporation that has consented to general jurisdiction in this State in accordance with the Business Corporation Act of 1983 but only if (1) the action alleges injury or illness resulting from a exposure to a toxic substance and (2) as long as jurisdiction is proper as to one or more named co-defendants under the Code of Civil Procedure.
• A corporation that obtains or continues to maintain the right to do business in the State consents to the exercise of general jurisdiction by the courts of Illinois.
• A corporation consents to general jurisdiction upon registering to do business in Illinois at any time following the effective date of the legislation.
• A corporation that has previously registered to business in Illinois consents to general jurisdiction upon the next date after the effective date of the amendatory Act on which the filing of its annual report is due regardless of whether or not it then files its annual report.
• Finally, the legislation provides that a foreign corporation transacting business without authority to operate by the State of Illinois is deemed to have consented to general jurisdiction to the same extent as if it were registered to do business in Illinois. Consent to such general jurisdiction begins upon the corporation committing an act constituting a transaction of business at any time after the effective date of the Act and remains effective for 180 days following the committing of each act.

Businesses should be aware of this likely change in Illinois law which expands Illinois courts’ reach over out of state businesses.

As of the date of publication, Senate Bill 328 has not yet been enrolled, which is the process of incorporating all amendments after passage in both chambers. The analysis provided here is based on the House Amendment adopted by both chambers that replaces the original language of Senate Bill 328.