Capitol Chronicle
By Jim Covington
Director of Legislative Affairs
The General Assembly is considering the following bills.
Family-law study. House Joint Resolution 91 (Fritchey, D-Chicago) creates the Illinois Family-Law Study Committee. Its mission is to examine the Illinois Marriage and Dissolution of Marriage Act, study the changes in law and society since the Act was enacted in 1977, and recommend how the Act should be amended to improve it. Scheduled for hearing in House Judiciary Committee.
Mechanics liens. House Bill 5572 (Ryg, D-Vernon Hills) requires a contractor to give the owner written notice before filing a lien against any property for improvements to an owner-occupied single-family residence. On second reading in the House.
Filing fee I. House Bill 4956 (Nekritz, D-Northbrook) increases the maximum fee assessed against civil litigants from $5 to $10 for children’s waiting rooms at the county board’s direction. On second reading in the House.
Filing fee II. Senate Bill 2321 (Trotter, D-Chicago) increases the maximum fee assessed against civil litigants for the county law library at the county board’s direction. Now $13, it will increase to $18 in 2008, $19 in 2009, and $21 in 2010 and thereafter. On second reading in the Senate.
Bowling alley immunity. House Bill 4332 (Mautino, D-Spring Valley) creates the Bowling Center Safety Act to immunize bowling centers for any injuries to bowlers and spectators from the assumed risks of bowling unless the operator has violated duties required under the Act. Scheduled for hearing in House Judiciary Committee.
Post-judgment procedure. Senate Bill 2435 (Cullerton, D-Chicago) amends the Code of Civil Procedure for post-trial motions in non-jury cases. A injunctive or declaratory judgment that allows a State or unit of local government to enforce a law, statute, or ordinance may be stayed only by a court order that follows a separate application explaining the just cause for staying enforcement. Scheduled for hearing in Senate Judiciary Committee.
Educational expenses. Senate Bill 2044 (Dillard, R-Hinsdale) entitles each parent to know the name of the education institution that the child attends unless the court finds that the child's safety would be jeopardized on second reading in the Senate.
Child support I. House Bill 5771 (Franks, D-Woodstock) changes the computation of child support. It makes a deduction for straight-line depreciation of capital assets reasonable and necessary for the production of income. Exempts depreciation for real estate. Scheduled for hearing in House Judiciary Committee.
Child support II. House Bill 5727 (Brosnahan, D-Oak Lawn) changes the computation of child support. It makes a deduction for reasonable educational expenses of a child of the parties who is enrolled in pre-school, elementary, or secondary educational institution. Scheduled for hearing in House Judiciary Committee.
Daubert and FREs. House Bill 5293 (Kosel, R-Mokena) amends the Code of Civil Procedure to adopt Federal Rules of Evidence 701-703 governing opinion testimony by lay witnesses and expert witnesses and the bases of expert opinion testimony. Creates new statute changing disclosure of expert witnesses that includes a mandatory pre-trial hearing for them. Also requires that Illinois courts follow Daubert and Kumho and their progeny. Scheduled for hearing in House Judiciary Committee.
Venue. House Bill 5289 (Tracy, R-Mt. Sterling) makes several changes to the venue statute, including the following. (1) A corporation is resident of a county where it has its registered office or other office. (2) An insurance company may be sued only in the county in which some part of the transaction occurred or where it is considered to be a resident. Scheduled for hearing in House Judiciary Committee.