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ISBA Statehouse Review for the week of March 2, 2017

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers the Mechanics Lien Act, the Abused and Neglected Child Reporting Act, defining "high school" for child support purposes, the Health Care Services Lien Act, name changes and IMDMA judgments, the Residential Real Property Disclosure Act, and the Presumptively Void Transfers Article of the Probate Act of 1975.

More information on each bill is available below the video.

The Mechanics Lien Act. House Bill 2615 (McDermed, R-Frankfort) provides an owner, contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights unless the claimant executes and delivers a waiver and release under specified conditions and in conformance with a statutory form. Includes some exceptions. Scheduled for hearing in House Judiciary Committee March 8.

Abused and Neglected Child Reporting Act. House Bill 3288 (Cassidy, D-Chicago) removes a list of specified persons who are currently required to immediately report suspected cases of child abuse or neglect to DCFS.  Instead, it provides that any person, agency, organization, or entity that knows or in good faith suspects a child may be an abused child or a neglected child shall immediately report or cause a report to be made to the Department. Scheduled for hearing in House Human Services March 8.

Child support. House Bill 3008 (Hernandez, D-Cicero) provides that for purposes of determining child support, “high school” means the types of schools contained in the School Code or a similar statute in the state where the student resides and includes: a public school; a charter school; a private school, including a parochial or home-based school; an alternative school; and any other program providing instruction in grades 9 through 12. Provides that the court may determine if any other type of program is included in the definition of “high school.” Scheduled for hearing in House Judiciary Committee March 8.

Health Care Services Lien Act. House Bill 3386 (Thapedi, D-Chicago) adds to the definition of “health care provider” ambulatory surgical treatment facilities accredited by one of the following organizations: the American Association for the Accreditation of Ambulatory Surgical Facilities; the Joint Commission (formerly the Joint Commission on Accreditation of Healthcare Organizations); the Healthcare Facilities Accreditation Program; or the Accreditation Association for Ambulatory Health Care. Scheduled for hearing in House Judiciary Committee March 8.

Name change and IMDMA judgments. House Bill 2537 (Moeller, D-Elgin) does three things. (1) Repeals a section in the Code of Civil Procedure governing notice by publication requirements in a petition for change of name. (2) Provides that in any application for a change of name involving a minor, before a judgment granting a change of name may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights have not been previously terminated and to any person who has been allocated parental responsibilities. Creates a new section for giving notice to persons outside Illinois. (3) In the IMDMA, provides that unless the person whose marriage is dissolved or declared invalid requests otherwise, the court order must contain a provision authorizing the person to resume the use of his or her former or maiden name if he or she chooses to do so at any time he or she chooses to do so. Current law is “upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored.” Scheduled for hearing in House Judiciary Committee March 8.

The Residential Real Property Disclosure Act. House Bill 3434 (Wheeler, Keith; R-North Aurora) provides upon signing and dating the disclosure report, the prospective buyer accepts and acknowledges that the prospective buyer has received the residential real property disclosure report form in its entirety, including the disclosure report and a copy of the Act. Scheduled for hearing in House Judiciary Committee March 8.

The Presumptively Void Transfers Article of the Probate Act of 1975. House Bill 2716 (Welch, D-Westchester) replaces references to the term “transfer instrument” with “transfer.” Changes the definitions of “family member” and “transfer.” Provides that if the court determines the transferor lacked the requisite capacity to convey, the entire transfer instrument shall be deemed void. Provides that if the property in question is an interest in real property, a purchaser or mortgagee for value and without notice, before the recordation of a lis pendens for an action, shall take free and clear of the action. Provides that a holder of property shall not be liable for distributing or releasing the property to the transferee if the distribution or release occurs before the holder becomes a party to an action challenging the transfer. Scheduled for hearing in House Judiciary Committee March 8.

Posted on March 2, 2017 by Mark S. Mathewson
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Member Comments (1)

The problem is with the enactment of the Presumptively Void Transfer Act. A well intended and well drafted law does not require patch work amendments brought on by the failure to have perceived the problems created by its enactment. The proposed legislation is viewed as patchwork and is inadequate to address the problems created by the Act itself- a prime example of needless legislation. In the main, our courts have been and continue to strike down fraud and overreaching. Presuming instruments to be fraudulent because of the circumstance under which they are created is an example of legislative overreach.