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ISBA Statehouse Review for the week of March 7

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Cook County residential real estate transactions (House Bill 2269), Guardians and disabled adults (Senate Bill 1612), Civil procedure service of summons (House Bill 3275), FOIA and judicial entities (Senate Bill 2222), Additional Cook County filing fee (House Bill 2976) and Service of process for civil cases (Senate Bill 1724). More information on the bill is available below the video.

Cook County residential real estate transactions. House Bill 2269 (Evans, D-Chicago) extends the sunset date for requiring a thumbprint of the transferor in a Cook County residential real estate transaction from July 1, 2013 to July 1, 2018

Guardians and disabled adults. Senate Bill 1612 (Silverstein, D-Chicago) disqualifies a person from serving as a guardian of the person for a disabled adult unless they have received training by the State Guardian or another suitable provider approved by the court. Exempts public guardians, state guardians, and licensed attorneys

Health Care Services Lien Act. House Bill 2617 (Tracy, R-Quincy) requires that notice be provided to a lien holder by an injured person or authorized representative when a case is dismissed or a judgment is entered against the injured person in the same manner as a notice of a judgment, award, settlement, or compromise is already provided.

Civil procedure service of summons. House Bill 3275 (Turner, D-Chicago) changes provisions for serving summons on individuals as follows: (1) handing it to the person; (2) leaving it at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there; (3) mailing it to the person's last known address, in which event service is complete upon mailing; or (4) leaving it with the court clerk if the person has no known address. If an attorney represents a party, service must be made on the attorney unless the court orders service on the party in person.

FOIA and judicial entities. Senate Bill 2222 (Raoul, D-Chicago) amends the Freedom of Information Act to exempt state's attorneys from FOIA.

Additional Cook County filing fee. House Bill 2976 (Lilly, D-Chicago) adds a general filing increase to all civil actions in Cook County by $5 if the county board authorizes. The proceeds of these are to be placed in the county general fund and used to finance the court system in the county.

Service of process for civil cases. Senate Bill 1724 (Mulroe, D-Chicago) provides that service of process may be effectuated by having the person serving the process mail a copy of the process via both regular and certified mail if a person, corporation, or agent or officer of a corporation uses a post office box as a principal mailing address. Requires that service of the process must meet the requirements of the Code of Civil Procedure concerning forms of process and persons authorized to serve process; place of service; and failure to make return. Requires that the person serving the process must execute and submit an affidavit confirming that the person, corporation, or agent or officer of a corporation uses a post office box as a principal mailing address and that the person serving the process has served the process in accordance with the new provisions.

Posted on March 7, 2013 by Chris Bonjean
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