By Jim Covington

Director of Legislative Affairs

The General Assembly has passed these bills and adjourned until the fall subject to recall for special session. 

Post-judgment motions. Senate Bill 2435 (Cullerton, D-Chicago; Fortner, R-West Chicago) amends the post-judgment statute for non-jury trials. A timely motion stays enforcement of a judgment, except that a judgment for injunctive or declaratory relief may be stayed only by a court order that follows a separate application that sets forth just cause for staying the enforcement.

Parental Responsibility Law. Senate Bill 1865 (Noland, D-Elgin; Gordon, D-Coal City) allows units of local government to be awarded reasonable attorney’s fees up to $15,000 under the Act.

Zoning review. Senate Bill 2014 (Garrett, D-Lake Forest; Mathias, R-Buffalo Grove) makes any decision affecting a petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance subject to de novo judicial review as a legislative decision. It applies to county boards, township boards, and corporate authorities of any municipality regardless of home rule.

Notary Public Act. Senate Bill 546 (Cul-lerton, D-Chicago; Brosnahan, D-Oak Lawn) is a three-year pilot project that requires that a notarial record be kept for every notarial act in Cook County that transfers title to residential real property. “Residential real property” is one to four dwelling units or an individual residential condominium unit.

Senate Bill 546 originally was an initiative of the Cook County State’s Attorney’s Office to address mortgage fraud in Cook County. In particular, the Cook County State’s Attorney’s Office was interested in creating a process (the notarial record) in real-estate transactions that would make their investigations and prosecutions more effective.

The notarial record must include the thumbprint or fingerprint of the grantor, as well as a description of the identification presented as evidence of the identity of the person who signed the document to which the notary attests. The notarial record is to be kept as part of the business records of title insurance companies, financial institutions, and attorneys 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. It also includes a statutory form that notaries may use in complying with this Act.  Notaries are permitted to charge up to $25 for any notarial act performed under this Act. 

Senate Bill 546 will not affect the validity of the real-estate transaction if a notary fails to comply with these requirements.  Seven kinds of transactions are exempted, such as a court-ordered conveyance, a deed in lieu of mortgage foreclosure, or a conveyance to a trust in which the beneficiary is also the grantor. 

The bill’s effective date is July 1, 2008, and its provisions are repealed July 1, 2011.  The sponsors are asking that the Governor amendatorily veto this bill to delay its effective date for one year (making it July 1, 2009) and also delay the sunset repeal for one year (making it July 1, 2012.)

Administrative Review Law. Senate Bill 2111 (Wilhelmi, D-Joliet; Nekritz, D-Northbrook) requires that the court give the plaintiff 35 days (instead of the current 21) to add an agency or a party and serve the unnamed agency or party as a defendant.  Under current law, this safety valve is restricted to situations in which that party was not named by the administrative agency in its final order as a party of record.  The 35 days is triggered by the court's determination that a party or agency needs to be added.