SPRINGFIELD — A coalition of Republican lawmakers has filed a lawsuit to block a controversial piece of legislation they say violates Illinois’ Constitution and dramatically alters the state’s business climate. The group is also aiming to shut down the legislative tactic behind it — the long-criticized “gut-and-replace” process.
At the center of the legal fight is Senate Bill 328, a measure that would allow Illinois courts to exercise jurisdiction over any company authorized to do business in the state, even if the dispute has no connection to Illinois — as long as the case involves toxic exposure under the Uniform Hazardous Substances Act.
But the lawsuit, filed in Sangamon County Circuit Court, goes far beyond objecting to the bill’s content. It also challenges how the bill was passed, accusing lawmakers of abusing legislative rules to sidestep transparency and constitutional requirements.
What Is ‘Gut-and-Replace’?
Illinois legislators routinely use shell bills — proposals with placeholder language — that can be amended at the last minute to include entirely new provisions. In the case of SB 328:
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The bill originally made only a minor technical edit to court procedures.
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On May 30, Rep. Jay Hoffman (D-Swansea) introduced a sweeping amendment expanding court jurisdiction.
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The House passed the amendment the next day — counting it as the final reading of the bill — and returned it to the Senate, which approved the changes just after midnight on June 1.
Critics say this maneuver violates the state constitution’s three-readings rule, which requires every bill to be read on three separate days in both chambers. Because only the bill number is read each time, and not the amended content, Republican leaders argue this process disguises substantial legislative changes from public scrutiny.
Republican Leaders Say Public Loses Transparency
“This is legalized litigation tourism,” said Sen. Jason Plummer (R-Edwardsville), referring to the bill’s invitation for lawsuits unrelated to Illinois to be filed here. “It damages Illinois’ reputation as a state that’s hostile to businesses and job creators.”
Senate GOP Leader John Curran (R-Downers Grove) added, “Allowing legislators to disregard the Constitution and transparency processes is the root cause of why Illinois is viewed as corrupt and anti-business.”
House GOP Leader Tony McCombie echoed that view, saying her caucus had long discussed suing over gut-and-replace tactics. “The caucus members brought forward this egregious example and said let’s move forward.”
The lawsuit names House Speaker Emanuel “Chris” Welch and Senate President Don Harmon as defendants.
Democrats Defend the Legislation’s Intent
Senate President Don Harmon, who sponsored the amended SB 328, defended the bill’s purpose in a statement through a spokesperson:
“The point of this legislation is to hold accountable corporations whose toxic chemicals and materials cause injury and damage to Illinois residents. I’m not sure why Republicans would want to give these corporations a pass.”
Harmon emphasized the bill would only apply to co-defendants when another party is already subject to Illinois law under existing venue rules.
Lawsuit Seeks Broader Legal Precedent
In addition to invalidating SB 328, Republicans are asking the court to ban the use of gut-and-replace altogether — a move that could dramatically alter how Illinois lawmakers conduct business, especially during end-of-session rushes.
A separate lawsuit filed by the Illinois Freedom Caucus also challenges the state’s budget bill on similar constitutional grounds. A hearing is scheduled for July 3 in that case.
What This Means for Illinois
If courts side with the GOP plaintiffs, it could mean:
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Major changes to legislative procedures, requiring full transparency on bill content at every reading.
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Greater legal barriers for passing last-minute legislation — especially budget bills and complex policy changes.
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A rollback of the SB 328 provisions, which could affect toxic exposure litigation and corporate liability rules statewide.
But if the lawsuit fails, Democrats may be emboldened to use gut-and-replace even more freely — a prospect that business groups and government watchdogs say could further erode public trust.
Do you think Illinois lawmakers should be allowed to pass major laws through gut-and-replace tactics? Share your thoughts or personal stories on our site at ChicagoSuburbanFamily.com and join the conversation on how the legislative process should serve the public.
