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ISBA Statehouse Review for the week of June 4, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Uniform Interstate Depositions and Discovery Act (Senate Bill 45), Mechanics Lien Act (House Bill 2635), Consular notification of foreign nationals (House Bill 1337), Condominium Property Act (House Bill 2644), Boundary-line agreements (House Bill 2744) and Municipal Code violations (House Bill 2745). More information on each bill is available below the video.

Uniform Interstate Depositions and Discovery Act. Senate Bill 45 (Barickman, R-Bloomington; Andersson, R-Geneva) simplifies the procedures to take the deposition of an Illinois person who is subpoenaed for discovery purposes from an out-of-state court. The Act creates establishes a simple, clerical procedure in which a subpoena from an out-of-state court is reissued as a discovery subpoena in Illinois. Passed both chambers.

Mechanics Lien Act. House Bill 2635 (Sandack, R-Downers Grove; Harmon, D-Oak Park) allows a lien claimant to proceed directly against a bond substituted for the lien on the owner’s real estate or funds. The court may dismiss parties other than the principal, surety of the bond, and the lien claimant. Defenses against the lien claimant are limited to those that could be asserted by the principal or contracting owner. The “prevailing party” in an action brought under this new subsection shall be awarded its attorney fees. The “prevailing party” is defined as a lien claimant that recovers at least 75% of the amount of its lien claim, or the principal of the bond if the lien claimant recovers less than 25% of the amount of its lien claim. The attorney’s fees for a lien claimant that is a prevailing party is limited to the amount remaining on the bond after the payment of the claim and interest, and the attorney’s fees awarded to a bond principal shall be limited to 50% of the amount of the lien claim. Passed both chambers.

Consular notification of foreign nationals. House Bill 1337 (Drury, D-Highwood; Raoul, D-Chicago) requires that a law enforcement officer in charge of custodial facilities must ensure that any foreign national is advised within 48 hours of booking or detention that he or she has the right to communicate with the appropriate consulate as required by the Vienna Convention. If requested by the foreign national or if required by law, the law enforcement officer in charge of the custodial facility must also ensure that the appropriate consulate is notified. It also requires Illinois judges at first appearance to inform a defendant that if he or she is a foreign national, they may contact their consulate that they have been arrested and detained if this notice has not already been provided. Passed both chambers.

Condominium Property Act. House Bill 2644 (Cassidy, D-Chicago; Steans, D-Chicago) makes it void as a matter of public policy if a provision in a condominium instrument purports to limit or restrict the representative rights of the board if it requires prior consent of the unit owners or requires arbitration or mediation of a dispute between the developer or one or more declarants under the condominium instruments. Deletes language providing that a provision in a declaration which would otherwise be void and ineffective may be enforced if it is approved by a vote of not less than 75% of the unit owners at any time after the election of the first unit-owner board of managers.

Boundary-line agreements. House Bill 2744 (Andersson, R-Geneva; McConnaughy, R-St. Charles) amends the Municipal Code to provide that it shall not be considered a “conflict” under the boundary-line provisions of this Section when a municipality that is a party to a jurisdictional boundary-line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary-line agreement. Passed both chambers.

Municipal Code violations. House Bill 2745 (Andersson, R-Geneva; McConnaughy, R-St. Charles) creates an alternative proceeding to take place after the expiration of the time in which judicial review may be sought after a final determination of a code violation. If a defendant has failed to comply with a judgment to correct a code violation or pay a fine, any expenses incurred by a municipality to enforce the judgment shall be a debt due and owing the municipality by the defendant. Authorizes the municipality to impose a lien on the real estate or personal estate of the defendant in the amount of any debt due to the municipality. Permits a hearing officer to set aside any judgment entered by default and set a new hearing date if the hearing officer determines that the petitioner’s failure to appear was for good cause or because the municipality did not provide proper service of process. Passed both chambers.

Posted on June 4, 2015 by Chris Bonjean
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