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ISBA Statehouse Review for the week of July 30, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Mechanics Lien Act (Public Act 99-178), Child-support fines (Public Act 99-157), Collection of fines and penalties (Public Act 99-18), Civil discovery (Public Act 99-110), Uniform Interstate Family Support Act (Public Act 99-119) and Adoption Act (Public Act 99-49). More information on each bill is available below the video.

Mechanics Lien Act. Public Act 99-178 (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 all parties except 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 prevailing lien claimant 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.

Effective January 1, 2016.

Child-support fines. Public Act 99-157 (Wallace, D-Rockford; Lightford, D-Chicago) gives the Department of Healthcare and Family Services the power to levy administrative fines and liens against a payor who willfully fails, after receiving two reminders from HFS, to withhold or pay over income under a properly served income-withholding notice or otherwise fails to comply with any other duties under the Income Withholding for Support Act.

Effective July 1, 2017.

Collection of fines and penalties. Public Act 99-18 (Althoff, R-McHenry; Franks, D-Marengo) allows a default in the payment of a fine or penalty or any installment to be collected in any way that any other monetary judgment is collected. Allows the state’s attorney to retain attorneys and private collection agents to collect them and their fees to be charged to the offender.

Effective January 1, 2016.

Civil discovery. Public Act 99-110 (Thapedi, D-Chicago; Connelly, R-Wheaton) amends Section 2-1003 of the Code of Civil Procedure that regulates discovery by deleting parts of the Section that have been superseded by supreme court rules.

Effective January 1, 2016.

Uniform Interstate Family Support Act. Public Act 99-119 (Martwick, D-Chicago; Mulroe, D-Chicago) makes technical and substantive changes to the current Illinois Act to incorporate the 2008 amendments recommended by the National Conference of Commissioners on Uniform State Laws.

Effective January 1, 2016.

Adoption Act. Public Act 99-49 (Somner, R-Morton; Harmon, D-Oak Park) provides for the re-adoption and confirmation of the foreign adoption decree of a child adopted in a foreign country. Provides documentation and procedural requirements.

Effective July 15, 2015.

Posted on July 30, 2015 by Chris Bonjean
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