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ISBA Statehouse Review for the week of Feb. 28

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Filing fee increase (House Bill 2327), Recording of documents (Senate Bill 1728), Collaborative law for family law cases (Senate Bill 31), Forcible entry and detainer (House Bill 2360), Circuit court fees (House Bill 2505) and Litigation funding (House Bill 2301). More information on the bill is available below the video.

Filing fee increase. House Bill 2327 (Riley, D-Hazel Crest) authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee of up to $25 (instead of $15) and a court document fee of up to $25 (instead of $15).

Recording of documents. Senate Bill 1728 (Collins, D-Chicago) make a number of changes to the mortgage foreclosure article intending to better protect consumers. It also amends the Conveyances Act affecting the recording of deeds, mortgages, and other instruments. Amends the Conveyances Act. (1) Provides that those provisions also apply to the recording of assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, and memoranda of judgment. (2) Changes the scope to instruments that affect interests in real property. (3) Provides that deeds and title papers are void until recorded (instead of void until recorded as to creditors and subsequent purchasers) with the recorder's office in the county in which the property is located.

Collaborative law for family law cases. Senate Bill 31 (Noland, D-Elgin) codifies by statute the Uniform Law Commission’s proposed alternative dispute resolution for family law cases that is now being done by private agreement between litigants. It includes a variety of process requirements such as treatment of settlement communications as confidential, establishment of an evidentiary privilege for settlement discussions, lawyer disqualification if the process fails, and informal discovery procedures. House Bill 1029 and 1239 are identical bills.

Forcible entry and detainer. House Bill 2360 (Burke, D-Oak Lawn) prohibits it from being a defense to a forcible entry and detainer action if a condominium association, master association, or common interest community association fails to maintain, repair, or replace the common elements, common areas, common facilities, or any other property under its jurisdiction or control. Scheduled for hearing next week in House Judiciary.

Circuit court fees. House Bill 2505 (Soto, D-Chicago) amends the Clerks of Courts Act to allow the county board to require its circuit court clerk in its county to retain not less than 1% nor more than 5% of fines, fees, and costs collected and disbursed for deposit in the Circuit Court Clerk Operation and Administrative Fund. It is not applicable if an amount or percentage is otherwise provided by statute. Exempts amounts held in trust for bail bond or child support payment amounts.

Litigation funding. House Bill 2301 (Thapedi, D-Chicago) creates the Non-Recourse Civil Litigation Funding Act. Requires that all contracts for non-recourse civil litigation funding must meet specified criteria. The contract must allow the consumer to cancel the contract within five business days after the consumer receives the funds without penalty or further obligation. Specifies the notice requirements for contracts and sets requirements for fee calculations. Prohibits unregistered companies from doing these transactions with consumers. Requires the Department of Financial and Professional Regulation to consider certain criteria while making decisions regarding registration. The Department is to make and enforce reasonable rules and regulations as may be necessary to carry out the provisions of the Act. Just introduced.

Posted on February 28, 2013 by Chris Bonjean
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