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Assembly to review legislative package An eight-point ISBA legislative package for 2007 was accepted Oct. 13 by the Board of Governors and referred to the Assembly for action on Saturday, Dec. 9. Among the issues addressed by certain proposals are the establishment of will and trust depositories by circuit court clerks, and strengthening the Attorney Act to provide for penalties and damages in unauthorized practice of law cases. The concept of will depositories was the subject of the article, “Should You Store Your Client's Will?” in the October issue of the Illinois Bar Journal. Summaries follow of the proposals that will be reviewed by the Assembly. Proposal 95-3, Parental allocation bill, previously approved by the Board and Assembly to rewrite custody, visitation, removal and modification statutes. The Family Law Section Council is working with the Chicago Bar Association to resolve concerns. Proposal 95-5, Real estate tax assessment change, proposed by the State and Local Taxation Section Council to address two major problems in the present system: The hardship on major taxing districts that lose tax levies when assessments are revised by the Property Tax Appeal Board; the administrative difficulties faced by PTAB due to increased workload and intervention petitions. Proposal 95-6, Creation of statutory remedies against the unauthorized practice of law, proposed by the Task Force on UPL. Amends the Attorney Act to provide expanded remedies. Proposal 95-8, Simplify the Code of Civil Procedure if a potential defendant dies before an action is filed, proposed by Chicago attorney Michael T. Gill. Cites example of client injured in a motor vehicle collision when the other driver dies later, but no probate estate is opened. Proposal 95-10, Will depository, proposed by Trusts and Estates Section Council. Creates system in which an attorney may deposit a client's will or trust with a circuit court clerk to be sealed for safekeeping. Proposal 95-11, Codifies the appellate case, Kankakee Federal Savings & Loan Association v. Mueller, so that a junior lienholder following a sale in a mortgage foreclosure action has the right to apply for allocation of a mortgage foreclosure surplus without first obtaining a judgment before the sale, proposed by the Real Estate Law Section Council.Proposal 95-12, Voluntary dismissal by a plaintiff-mortgagee, proposed by the Real Estate Law Section Council. Clarifies that when a plaintiff-mortgagee voluntarily dismisses a foreclosure action in which a condominium or other common interest association has a judgment in second position, the dismissal does not apply to the judgment of either. Proposal 95-15, Expands Section 503(g) trusts under the Illinois Marriage and Dissolution of Marriage Act to authorize reimbursement for expenses incurred for the physical and mental health of a minor, proposed by the Family Law Section Council. |