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Capitol Chronicle By Jim Covington Director of Legislative Affairs These bills are still moving in the legislative process as the General Assembly finishes the first half of the spring session. Retention of judges. Senate Bill 996 (Raoul, D-Chicago) requires that circuit judges elected from a subcircuit, county in a circuit, or at-large must run for retention in that subcircuit, county, or at-large in the circuit.Condominium Property Act. Senate Bill 528 (Cullerton, D-Chicago) amends the section that addresses the minimum voting requirements for taking action by a condominium owner's association in which 30% or less of the condominium units possess 50% or more of the association votes. A unit may not include a garage or a storage unit for the purpose of voting on matters required by the Act or in the condominium instruments.Municipal Code. Senate Bill 825 (Koehler, D-Peoria) allows a municipal attorney to retain attorneys and private collection agents to collect delinquent fines. It authorizes any fees or costs incurred by the municipality in employing attorneys or private collection agents in collecting fines must be charged to the offender.Filing fee increase. House Bill 3393 (Chapa LaVia, D-Aurora) increases the general filing fees (but not appearance fees) for civil cases by $5 and the marriage license fee by $5. It creates two funds for these moneys to be issued as grants to facilitate or provide free domestic violence legal advocacy, assistance, or services to victims of domestic violence related to order of protection proceedings, family-law proceedings, or other proceedings for civil remedies for domestic violence. The second fund (Married Families Fund) may be used to assist married or formerly married victims of domestic violence. The Attorney General must approve these grants and adopt rules for their application and disbursement.FOIA. House Bill 511 (Joyce, D-Chicago) amends the Freedom of Information Act to redefine a "public record” that may be subject to a FOIA request. It will now include the portion of a settlement agreement entered into by or on behalf of a public body that shows the total amount of any moneys or total financial value of other agreements from a financial payment to or by the public body. This will also include the amount expended by or on behalf of the public body for the prosecution, defense, or settlement of any litigation.Wrongful Death Act. House Bill 1789 (Fritchey, D-Chicago) amends the Wrongful Death Act to do the following to allow damages for grief, sorrow, and mental suffering to the surviving spouse and next-of-kin. It also distributes to the other beneficiaries (in proportion to their respective degrees of dependency) any amount reduced from a contributorily negligent beneficiary's share of the damages. Under current law the total verdict is first reduced for the contributory negligence of the decedent, then reduced again for the contributory negligence of the beneficiary in proportion to the contributory fault of that beneficiary.Joint and several liability. Senate Bill 1296 (Cullerton, D-Chicago) amends the §2-1117 of the Code of Civil Procedure to provide that the trier of fact's obligation to apportion fault only applies to the parties still remaining in the case at the time when the trier of fact makes a final determination of that issue. It does not apply to the defendants or third-party defendants that have been dismissed for any reason, including settlement.Cook County juvenile detention change. House Bill 236 (Cross, R-Yorkville) authorizes the chief judge of the Cook County Circuit Court to appoint an administrator to serve as the Superintendent of the Cook County Temporary Juvenile Detention Center and have administrative control over the budget of the Cook County shelter care homes. |