Kane County Reporter

Illinois state Rep. Dan Ugaste (R-Geneva) is condemning new legislation and points out that the bill could potentially limit Illinois citizens' access to the courts.

House Bill 3062 seeks to "limit any action brought against the State seeking declaratory or injunctive relief against State statutes, rules, or executive orders on the constitutionality to the venues of Sangamon and Cook Counties," according to a May 25 press release from Ugaste's office.

“Rather than using an existing remedy to assist the Illinois Attorney General’s office with an abundance of cases, the state legislature has instead decided to limit a crucial right of millions of Illinoisans to challenge the constitutionality of laws from their home counties,” Ugaste said in the release. “This takes away the rights of the constituents of 100 counties in Illinois by limiting their venues to just two places in our entire state. We must be more concerned about citizens’ rights in our state and I’m extremely disappointed to say that was not the case in Springfield today.”

HB3062 applies to actions brought against the state or one of its employees, officers or agents acting in an official capacity where their actions are alleged to violate either the Illinois state or U.S. constitutions. The only exemption outlined in the legislation revolves around instances in which the claims are tied to collective bargaining disputes involving the State and individuals representatives of its employees.

Ugaste argued that the legislation stands to take the greatest toll on lower-income residents.

“Perhaps a person wants to challenge a state law and can only afford their local law firm,” he said. “This denies them the opportunity to challenge the constitutionality of legislation that impacts their lives. We should not deny Illinoisans’ access to the courts and must work to preserve the rights of the people we serve with our best efforts.”