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ISBA Statehouse Review for the week of March 27, 2014

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Parenting time (House Bill 5425), Parenting time (House Bill 1452), Constitutional amendment and victims’ rights. (HJRCA 1), Workers’ Compensation Act (Senate Bill 3287) and Sale of distressed condominium units (Senate Bill 2664). More information on each bill is available below the video.

Parenting time. House Bill 5425 (Cabello, R-Rockford) creates three legislative presumptions in the Marriage Act affecting parenting time. (1) It creates a presumption in the purposes and rules of construction section that Illinois recognizes that the involvement of each parent for equal time and not less than 35% of residential parenting time per week is presumptively in the child’s best interests. (2) In the custody section, it creates a presumption that it is in the child’s best interests to award equal time to each parent. (3) But if the court doesn’t find it in the best interests to award equal time or not possible, “a minimum of 35% residential timer per week should be ordered for the non-custodial parent.” House Bill 5425 passed out of House Judiciary Committee yesterday and is on second reading in the House. The proponents testified that this bill was necessary because judges were refusing or failing to award equitable parenting time for both parents with their child or children.  

Parenting time. House Bill 1452 (Kelly Burke, D-Evergreen Park) amends the purpose and rules of construction section of the Marriage Act as follows: to maximize the opportunity for each child to maintain and strengthen the child’s relationship with each parent, the child’s best interests may be served with a minimum amount of residential parenting time for each parent of not less than 35% of available residential parenting time. But this presumption regarding the minimum percentage of parenting time shall not, in and of itself, constitute a reason for deviation from the child support guidelines. House Bill 1452 has passed out of House Judiciary Committee and is on second reading in the House.

Constitutional amendment and victims’ rights. HJRCA 1 (Lang, D-Skokie) passed out of House Judiciary Committee yesterday and is on second reading in the House. It amends the Section 8.1 of the Illinois Constitution to expand it.

Workers’ Compensation Act. Senate Bill 3287 (Raoul, D-Chicago) provides that there is no right to recover damages for injury or death, other than the compensation provided under the Act, from a service organization that is wholly owned by the employer or the employer’s insurer or broker and that provides safety service, advice, or recommendations (rather than from the a service organization retained by the employer or the employer's insurer or broker to provide safety service, advice, or recommendations). Passed out of Senate Judiciary Committee Tuesday and is on second reading in the Senate.

Sale of distressed condominium units. Senate Bill 2664 (Hastings, D-Matteson) seeks to protect innocent purchasers of foreclosed condominiums units. It amends the Condominium Property Act to stop the current practice in which purchasers of distressed condominium units discover at the closing table that they owe back assessments to the association. Under the current statute, there is no mechanism to determine the amount of back assessments and other charges that the purchaser will be liable for.

It clarifies and caps the total amount the purchaser may be liable for—no more than an amount equal to the unit’s unpaid regular monthly assessments for the nine-month period immediately preceding the judicial foreclosure. This maximum amount can include attorney’s fees and costs incurred by the association prior to closing because of the nonpayment of these assessments.

It will apply to distressed units in a purchase at a judicial foreclosure sale (other than by a mortgagee) and a purchase from a mortgagee that acquired title through a judicial foreclosure, a consent foreclosure, a common-law strict foreclosure, or the delivery of a deed in lieu of foreclosure.

The proposal also improves the notice provisions to prospective purchasers to be more clear and timely by requiring the board of managers to produce for the seller and the prospective purchasers within 14 days information about the condominium unit, such as a copy of the condominium instruments, amounts due, and any rules and regulations. Current law allows 30 days that is often too slow, and the proposal allows the Board the flexibility to do it either electronically or in writing.

Posted on March 27, 2014 by Chris Bonjean
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