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ISBA Statehouse Review for the week of June 9, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers E-business fee (Senate Bill 3162), Revised Uniform Fiduciary Access to Digital Assets Act (2015) (House Bill 4648),  Forcible Entry and Detainer Article (Senate Bill 3166),  Supplementary proceedings (Senate Bill 2845), FOIA (House Bill 4715) and Snow and ice removal (Senate Bill 2138). More information on each bill is available below the video.

E-business fee. Senate Bill 3162 (Harmon, D-Oak Park; Cassidy, D-Chicago) requires circuit court clerks to collect a $9 “e-business” fee against all civil litigants. Exempts motions for change of venue and appeals from administrative agencies. After January 1, 2022 the law-library filing fee of $21 is reduced to $20 and the children's waiting room fee of $10 is reduced to $8. After January 1, 2022 the ceiling that the county board may not exceed for a civil filing fee is reduced by $6 for all counties. 

Revised Uniform Fiduciary Access to Digital Assets Act (2015). House Bill 4648 (Welch, D-Westchester; Connelly, R-Lisle) provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust.

Forcible Entry and Detainer Article. Senate Bill 3166 (Mulroe, D-Chicago; Lang, D-Skokie) changes a statutory notice of motion for the extension of an order of possession by replacing references to “landlord” with “plaintiff.”

Supplementary proceedings. Senate Bill 2845 (Silverstein, D-Chicago; Lang, D-Skokie) makes the following changes to supplementary proceedings: (1) Clarifies that a petition to revive a judgment must served and an order entered for a judgment to be revived. (2) Requires the amount of the bond to be posted after an entry of an order of prejudgment attachment against the property of a debtor who may conceal property or flee the state. (3) Makes taxable as court costs of all charges relating to the electronic filing of cases and pleadings. (4) Under current law, a court “shall” vacate a judgment and dismiss the action when the prevailing party files a release or full satisfaction for judgment. This provides that a judge “may” do so. (5) Eliminates the sheriff’s levy sale of corporate stock as superseded by the Uninform Commercial Code or a citation to discover assets statute.

FOIA. House Bill 4715 (Bryant, R-Mt. Vernon; Radogno, R-Lemont) provides that a requester that files an action seeking to enforce a binding opinion will have a rebuttable presumption that the public body willfully and intentionally failed to comply with this Act if: the attorney general issues a binding opinion under § 9.5 and within 35 days of being served the public body does not file for administrative review nor comply with the binding opinion. This presumption may be rebutted by the public body showing that it is making a good-faith effort to comply with the binding opinion, but the compliance was not possible within the 35-day time frame. This section applies to binding opinions of the attorney general requested or issued on or after January 1, 2017.

It also allows the court to impose an additional penalty of up to $1,000 for each day the violation continues if: the public body fails to comply with the court’s order after 30 days; the court’s order is not appealed or stayed; and the court does not grant the public body additional time to comply with a court order to disclose public records. Changes apply to actions filed on or after January 1, 2017.

Snow and ice removal. Senate Bill 2138 (Nybo, R-Lombard; Ed Sullivan, R-Mundelein) creates the Snow Removal Service Liability Act. It voids as a matter of public policy any indemnity agreements between a “service provider” of snow removal and a “service receiver” that attempt to immunize either party for tort liability or requires a legal defense of the other party. It does not apply to contracts with public bodies or utilities nor to insurance policies, surety bonds, or workers’ compensation.

Posted on June 9, 2016 by Chris Bonjean
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