On May 31, 2025, the Illinois General Assembly passed Senate Bill 328 (SB 328), which introduces a targeted expansion of general personal jurisdiction in Illinois civil litigation. The bill amends Section 2-209 of the Illinois Code of Civil Procedure and Sections 13.20 and 13.70 of the Business Corporation Act of 1983 to authorize Illinois courts to assert general personal jurisdiction over “foreign businesses,” defined as corporations formed outside of Illinois, even when the claims at issue have little or no connection to the state.
SB 328 could significantly reshape the legal landscape for out-of-state corporations doing business in Illinois. Under the bill, a foreign corporation’s registration to do business in Illinois or its business activity within the state when not registered to do business in Illinois is deemed consent to general personal jurisdiction, even in cases where the underlying claim lacks a direct nexus to Illinois.
Importantly, the bill is tailored to apply only to civil actions involving alleged exposure to toxic substances, as defined by the Illinois Uniform Hazardous Substances Act. This includes any material capable of causing bodily harm through ingestion, inhalation, or absorption through any body surface.
Key Provisions of SB 328
SB 328 significantly expands the jurisdictional reach of Illinois courts in toxic tort litigation by establishing new bases for asserting general personal jurisdiction over foreign corporations. Under the amended provisions a foreign corporation is deemed to have consented to general personal jurisdiction in Illinois if:
- It is registered to do business in Illinois under Section 13.20 of the Illinois Business Corporation Act; or
- It transacts business in Illinois. Such jurisdiction will extend for a period of 180 days following each act of transacting business under Section 13.70(c-5); and
- The action involves exposure to a “toxic substance” as defined by the Illinois Uniform Hazardous Substances Act; and
- At least one co-defendant is properly subject to jurisdiction in Illinois under Section 2-209(a) of the Code of Civil Procedure.
Under SB 328, a foreign corporation’s consent to general personal jurisdiction takes effect immediately upon registration if the company registers to do business in Illinois after the bill’s enactment. For corporations already registered at the time the law takes effect, consent is effective on the due date of their next annual report. This allows existing corporations time to evaluate their position before the next annual report is due. This consent remains valid until the corporation formally withdraws its authority to do business in Illinois.
Expansion of Illinois Courts’ Jurisdiction and Potential Impact
If enacted, SB?328 would make Illinois only the second state—after Pennsylvania—to adopt a consent-based jurisdiction statute. This would position Illinois as an outlier nationally and reinforce its reputation as a hostile forum for corporate defendants. Industry groups warn that the bill undermines core due process protections by allowing Illinois courts to assert general jurisdiction over companies with minimal or no meaningful ties to the state. As a result, SB 328 could discourage businesses from investing in Illinois by significantly increasing the cost of doing business. Businesses may choose not to register or operate in Illinois, potentially harming the state’s economy and slowing job growth.
Considerations Moving Forward
SB 328 currently awaits action by Governor Pritzker, who has 60 days from May 31 to sign or veto the bill. If no action is taken within that period, the bill will automatically become law. Once enacted, SB 328 will broaden the jurisdictional reach of Illinois courts in toxic tort litigation by permitting jurisdiction over out-of-state companies based solely on their registration or business activities within the state.
If SB 328 becomes law we can expect it to face constitutional challenges, in particular, that while the U.S. Supreme Court found that “consent by registration” laws to be permissible, S.B. 328 goes beyond by that subjecting corporations to general jurisdiction when they are not registered in Illinois and do not operate primarily in Illinois. See Mallory v Norfolk S. Ry. Co., 600 U.S. 122 (2023).
In anticipation of this change, companies should review their registration status in Illinois, monitor upcoming corporate filing deadlines, and evaluate potential exposure to litigation under the new framework. Legal counsel should be engaged to reassess jurisdictional defenses and adapt litigation strategies accordingly.
Contact an author or a member of GRSM’s Environmental & Toxic Tort practice for assistance navigating these changes or for more information on how this may impact your business.