Capitol Chronicle

By Jim Covington

Director of Legislative Affairs

As the General Assembly limps into overtime session, these bills are still alive in the legislative process.

Notary public. Senate Bill 546 (Cullerton, D-Chicago; Brosnahan, D-Oak Lawn) amends the Illinois Notary Public Act to require that a notarial record be kept for every notarial act in Illinois involving documents of conveyance transferring title to residential real property located in Cook County. Residential real property contains one to four dwelling units or an individual residential condominium unit.

The notarial record shall contain, among other information, the thumbprint or fingerprint of the grantor, as well as a description of identification presented for satisfactory evidence of the identity of the person whose signature to which the notary is attesting. The notarial record is to be kept as part of the business records of title insurance companies, financial institutions and attorneys-at-law for a period of seven years. Independent notaries are required to deliver the original notarial record to the Recorder of Deeds of Cook County, along with a $5.00 filing fee, and those records will be retained for a period of seven years. Notaries are permitted to charge up to $25 for any notarial act performed pursuant to § 3-102 of this Act.

Effective date is July 1, 2008, but these provisions are repealed July 1, 2011. It is on the House calendar order of third reading.

Short-term guardian. House Bill 913 (Currie, D-Chicago; Cullerton, D-Chicago) amends Probate Code to authorize a short-term guardian of a minor to serve for a maximum of 365 days instead of 60. Passed both chambers; effective date June 1, 2008.

Open Meetings Act. House Bill 1670 (Pritchard, R-Sycamore; Jacobs, D-Moline) amends the Open Meetings Act to define a “meeting” for a five-member public body as a quorum of the members of a public body (three members) held for the purpose of discussing public business. House concurrence calendar; immediate effective date.

Zoning appeals. Senate Bill 29 (Sieben, R-Geneso; Sacia, R-Freeport) amends the Administrative Review Law to provide that in an administrative review of a decision of a hearing officer or a county zoning board of appeals, the only necessary parties are the hearing officer or the county zoning board of appeals and the applicant. Requires that notice of the administrative review action and its process must be sent by certified mail to each person who appeared or testified in writing or orally. Passed both chambers; effective date of July 1, 2007.

Enforcement of judgments. Senate Bill 229 (Silverstein, D-Chicago; Mathias, R-Buffalo Grove) clarifies existing law as to the following: (1) the ability of a financial institution to answer a citation to discover assets; (2) what are chargeable court costs; and (3) Illinois Federal Court Judgments may be filed like a judgment from a circuit court instead of being considered a foreign judgment that must be registered.

It also changes the citation law to allow a judge to order the sale of property by a person or entity other than a county sheriff if it will maximize a recovery for the benefit of the parties. Allows the court to order the sale of a membership in a club or stock exchange. Provides for additional notices to judgment debtors in several situations relating to a wage deduction and replevin. Passed both chambers; effective Jan. 1, 2008.

Wrongful Death Act. Public Act 95-3 (Fritchey, D-Chicago; Cullerton, D-Chicago) amends the Wrongful Death Act to allow damages for grief, sorrow, and mental suffering to the surviving spouse and next-of-kin. Effective May 31, 2007.