Capitol
Chronicle
By Jim Covington
Director of Legislative Affairs
Although substantive bills are going to be somewhat limited this condensed legislative session, bills being heard may include the following.
Notary signing for principal.
House Bill 4769 (D'Amico, D-Chicago) amends the Illinois Notary Public Act to authorize a notary public to sign the name of a person whose signature is to be notarized under certain conditions. This is authorized if: (1) the person is legally competent; (2) the person is physically unable to sign his or her name; (3) the person directs the notary to sign his or her name in the presence of the notary, and the person is physically present when the notary signs the person's name; and (4) the notary's signature for the person is witnessed by two disinterested persons. Makes corresponding changes to the Illinois Power of Attorney Act for durable power of attorney.Joint Tenancy Act.
House Bill 5309 (Ryg, D-Vernon Hills) provides that if the beneficial interest in a revocable trust is to be held as tenants by the entirety, the estate created is deemed to be in tenancy by the entirety.Notary required for deed.
House Bill 4760 (Ryg, D-Vernon Hills) amends the Conveyances Act to require a notarized signature for conveying any deed or instrument of conveyance.Leveling the playing field.
House Reso-lution 857 (Osterman, D-Chicago) “urges all attorneys and other legal advocates involved in divorce, custody, and visitation proceedings in court to responsibly negotiate and litigate the expenditure of marital assets for payment of attorney's fees for both parties during dissolution, post-dissolution, paternity, and domestic violence cases and utilize thereby to the fullest extent possible the significant remedy provisions found in the ‘leveling law,' specifically Section 501(c)(1) of the Illinois Marriage and Dissolution of Marriage Act.”Administrative adjudication.
Senate Bill 2803 (Trotter, D-Chicago) amends the Counties Code to authorize any county to establish a code hearing unit for the adjudication of code violations. Current law only authorizes counties having a population of less than three million or less inhabitants to do so.Appointment of judges
. HJRCA 28 (Coulson, R-Glenview) would amend the Illinois Constitution to change how vacancies in circuit judges are filled in Cook County. Nominees would be submitted by circuit-wide and subcircuit judicial nominating commissions and appointments would then made by the Supreme Court of Illinois. It also affects retention of Cook County circuit judges who may be retained in office by approval of judicial review commissions or by approval of three-fifths of the voters at re-tention elections.Kelo
legislation. Senate Bill 3086 (Garrett, D-Lake Forest; Cronin, R-Elmhurst) prohibits all takings under the power of eminent domain by the State or a unit of local government for private development unless (1) the property is within an area that is a "blighted area"; and (2) the condemning authority has entered into a written agreement with a private person or entity that agrees to undertake a development project within the blighted area that specifically details the reasons for which the property or rights in the property are necessary for the success of the development project. Makes other changes.Attorney fees and IMDMA.
Senate Bill 2475 (Cullerton, D-Chicago) would clarify that an independent action for attorney fees in family law matters would revert back to the written statute of limitations period as long as a lawful, written agreement was entered into. The Second Appellate District Court recently held in Haber v. Reifsteck that the current language of §508(e)(2) is applicable to suits filed under §508(e)(2) and common law actions. (835 N.E.2d 187, 359 Ill.App.3d 867 (2005))