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Capitol ChronicleBy Jim Covington Several new public acts take effect Jan. 1, 2008. Post-judgment enforcement. Public Act 95-661 does the following: (1) Clarifies that a wage-deduction order is not subject to judicial discretion; it is the lesser of 15% of the weekly gross income or the amount of net income that exceeds 45 times the minimum hourly wage law. (2) Creates a new category of court costs to include those expenses required by law or a law enforcement or court officer to enforce a judgment. (3) Allows the sheriff to use reasonable force to enter property to recover property under a court order for replevin. (4) Allows an Illinois federal court judgment to be filed as a judgment of a circuit court instead of registered as a foreign judgment. (5) Allows a court in a citation proceeding to order the resignation of a membership in a club or stock exchange. (6) Orders 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. (7) Requires a financial institution to disclose financial information if served with a citation to discover assets. Charges for medical and legal records. Public Acts 95-478 and 480 must be read together. (1) Allows for the charging of the actual postage or shipping charge of the records. (2) Clarifies that records retrieved from scanning, digital imaging, electronic information, or other digital format do not qualify as microfiche or microfilm retrieval for calculating charges under the Code of Civil Procedure. The charge for these records will be 50% of the per-page charge for paper copies in this statute and includes the cost of each CD ROM, DVD, or other digital media for electronic records. (3) Provides that if the records are already maintained in an electronic or digital format, they must be provided in an electronic format if requested. If the records system does not allow for the creation or transmission of an electronic or digital record, then the facility or practitioner must inform the requester in writing of the reason the records cannot be provided electronically. The written explanation may be included with the production of paper copies if the requester chooses to order paper copies. Possession during foreclosure. Public Act 95-262 allows a tenant to remain in possession during a foreclosure for the shorter of these two time periods: (1) 120 days after service of the notice of the hearing on the supplemental petition or (2) the duration of the lease. But it requires that the tenant be current on rent and continue to be current on rent. Radon. Public Act 95-210 creates the Illinois Radon Awareness Act. Before the sale of any residential real property, it requires that the seller give to the buyer a new statutory form that states the property may present the potential for radon exposure. It exempts seven other kinds of transactions such as under a court order, judicial deed, and from one co-owner to another. Custodial claims. Public Act 95-315 increases the statutory amounts that may be awarded for caring for a disabled person under the Probate Act. But it also allows the court to reduce these amounts to the extent that the living arrangements were intended to and did provide a physical or financial benefit to the claimant. Section 503(g) trusts. Public Act 95-374 expands this section of the Illinois Marriage and Dissolution of Marriage Act to specifically authorize them for expenses incurred for the "physical and mental health" of a minor. |
