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ISBA Statehouse Review for the week of April 23

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers UM coverage (Senate Bill 1898), Claim for money damages (Senate Bill 1912), FOIA and attorney’s fees (Senate Bill 1514), Visitation (House Bill 2992) and Fraudulent real estate transactions (House Bill 2832). More information on each bill is available below the video.

UM coverage. Senate Bill 1898 (Biss, D-Skokie) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any person from $20,000 to $30,000; bodily injury or death to two or more persons from $40,000 to $60,000; and property damage from $15,000 to $20,000. It is on third reading in the Senate.

Claim for money damages. Senate Bill 1912 (Raoul, D-Chicago) makes several changes to the settlement of a claim for money damages. (1) Requires the settling defendant to tender a release within 14 days of the settlement. (2) If court approval of the settlement is required, it requires the plaintiff to timely tender to the settling defendant of a copy of the court order approving the settlement. (3) Requires the plaintiff to tender to  settling defendant documentation about a known third-party lienholder or subrogation interest. (4) Requires a settling defendant to pay all sums due to the plaintiff within 21 days of tender of the executed release and lienholder documentation. (4) Awards interest under Section 2-1303 of the Code of Civil Procedure for failure to pay within 21 days from plaintiff’s tender of the executed release unless good cause is shown otherwise. (5) Senate Bill 1912 doesn’t apply to actions against the State, State employees, or anyone else who may be indemnified under the State Employee Indemnification Act. It is on third reading in the Senate.

FOIA and attorney’s fees. Senate Bill 1514 (Biss, D-Skokie) allows a requestor to prevail for purposes of attorney’s fees if the requestor obtains relief through (1) a voluntary or unilateral change in position by the public body after suit has been filed, unless the public body can demonstrate that its voluntary or unilateral change was not caused by the filing of litigation under this Section; (2) an enforceable written agreement or consent decree; or (3) a judicial order. On third reading in the Senate.

Visitation. House Bill 2992 (Harms, R-Watseka) allows a court to consider, consistent with the best interest of the child, whether to award to one or both of the parties the “right of first refusal” to provide child care for the minor child or children during the other parent’s normal parenting time. Although the parties may agree to a right of first refusal, if they do not, and the court determines that a right of first refusal is in the best interest of the child, the court shall consider new statutory criteria and make provisions for it consistent with the best interest of the child. It doesn’t affect use of a substitute child-care provider for emergency situations and applies only if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time. Passed the House and on first reading in the Senate.

Fraudulent real estate transactions. House Bill 2832 (Lang, D-Chicago) allows a recorder of deeds to establish and use a “Fraud Referral and Review Process” for deeds and instruments that the recorder reasonably believes are fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. It creates a list of 19 criteria for the recorder to consider in determining whether the document is fraudulent. If the recorder reasonably believes the document may be fraudulent after this review, the recorder must refer the instrument to an administrative law judge for review. The recorder must place a Notice of Referral in the Property Index identifying this document, document number, and the date of the referral. The recorder must also notify the last owner of record. The ALJ must schedule a hearing within 10 business days from receipt of the referral. If the ALJ believes by a preponderance of the evidence that the document is fraudulent, the ALJ must issue a judgment to that effect. The recorder must record that judgment with the notation stating that the fraudulent document may not affect the chain of title of the property in any way. Passed the House and in the Senate.

Posted on April 24, 2013 by Chris Bonjean
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