Agricultural Law

(Wheeler, R-Crystal Lake; Koehler, D-Peoria) provides that proceeds from the sale of minerals produced and received as royalty, overriding royalty, limited royalty, working interest, net profit interest, time-limited interest or term interest, or lease bonus is deemed income for oil or gas from non-coal formations held in nontrust estates and by legal tenants and remaindermen. This replaces the current language "with respect only to nontrust estates, for oil or gas from non-coal formations." It also deletes language providing that a Section concerning non-trust estates does not apply to life estates and remainder interests in oil or gas from non-coal formations, or royalties or overriding royalties created under leases of such minerals. Passed both chambers and sent to the Governor. 

(Breen, R-Lombard; Curran, R-Woodridge) amends the Counties Code, the Municipal Code, and the Township Code affecting provisions regarding building or structure zoning violations. Prohibits any suit against a unit of government or its officials for any act relating to zoning administration, enforcement, or implementation or any ordinance, resolution, or other zoning regulation. Makes an exception for property owned by the unit of government.

Effective June 29, 2018. 

(Andersson, R-Geneva; Mulroe, D-Chicago) creates the Criminal and Traffic Assessment Act. The Act would standardize court-filing fees and fines into 13 schedules of potential assessments for criminal and traffic offenses, and four schedules for civil court cases, which are divided by the kind of offense or case. The Act also caps the maximum amount of money that can be assessed under each schedule and for various services or filings within the court process. The money collected under these assessment schedules would then be distributed at the state, county, and local levels for officials to decide how to best allocate their portion for maintaining the courts. House Bill 4594 would also provide a sliding-scale waiver for some civil litigants and criminal defendants depending on their income relative to the federal poverty level. House Bill 544 (Mulroe, D-Chicago; Andersson, R-Geneva) is a trailer bill to resolve technical concerns. Both bills passed both chambers. 

(Welch, D-Westchester; Harmon, D-Oak Park) provides that if the property is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs before the recordation of a lis pendens for an action challenging the transfer. Sets forth conditions under which a financial institution or similar entity is not liable for distributing or releasing property the transfer is challenged. Passed both chambers. 
 

(Ford, D-Chicago; Castro, D-Elgin) create a three-year pilot program that allows the recorder of deeds to establish an administrative law process to adjudicate expired mechanic’s liens that have been recorded but not litigated or released under the Mechanics Lien Act. Passed both chambers. 

(Mulroe, D-Chicago; Welch, D-Westchester) deletes language requiring that a conveyance of real property to a trust include evidence of acceptance by the trustee and deletes language providing that if the transferor is a trustee of the trust, an interest in real property does not become trust property unless the instrument of conveyance is recorded in the office of the recorder of the county in which the property is located. Passed both chambers. 

(Ford, D-Chicago; Castro, D-Chicago) amends the Counties Code to create a mechanics lien demand and referral pilot program. Provides that in counties with a code hearing unit, a recorder may adopt rules establishing a mechanics lien demand and referral process for residential property after a public hearing. Provides that if a recorder determines that a mechanics lien recorded in the grantor's index or the grantee's index is a defective lien, the recorder shall serve a Notice of Defective Lien by certified mail to the last known address of the owner.

Provides that if the owner or legal representative of the owner of the residential property confirms in writing that the lien is not involved in pending litigation, the owner may request that the recorder refer the defective mechanics lien to the county's code hearing department for adjudication or serve a Demand to Commence Suit forcing the lienholder to either file suit, respond to the Demand, or forfeit the lien. Provides how the recorder is to serve a Demand to Commence Suit or file a Notice of Referral with the code hearing unit.

Provides that if the mechanics lien is referred to the code hearing unit, the code hearing unit will set a hearing and notify the applicable parties. Provides if the recorder shows by clear and convincing evidence that the lien in question is a defective lien, the administrative law judge shall rule the lien is forfeited and that the lien no longer affects the chain of title of the property in any way.

Repeals the provisions on January 1, 2022. Further amends the Counties Code making conforming changes in county code hearing unit provisions. Amends the Mechanics Lien Act making conforming changes. Scheduled for hearing Tuesday in Senate Judiciary Committee. 

(Nybo, R-Lombard) amends the Probate Act of 1975 in connection with the classification of claims against the estate of the decedent. Provides that a claim for reasonable and necessary medical, hospital, and nursing home expenses for the care of the decedent during the year immediately preceding death is classified equally with claims for money due employees of the decedent for services rendered of not more than $800 for each claimant for services rendered within four months before the decedent's death. Removes expenses of attending the decedent's last illness from the class. Scheduled for hearing Tuesday in Senate Judiciary Committee. 
 

(Currie, D-Chicago) amends the Code of Civil Procedure to provide that every individual is entitled to an estate of homestead to the extent in value of $150,000 (instead of $15,000) of his or her interest in real property occupied by him or her as a residence.

Provides that if two or more individuals own property that is exempt as a homestead, the value of the exemption of each individual may not exceed his or her proportionate share of $200,000 (instead of $30,000) based upon percentage of ownership. Scheduled for hearing in House Judiciary Committee next Tuesday and for a subject-matter hearing tomorrow in House Judiciary Committee. 
 

(Zalewski, D-Chicago) amends the Conveyances Act. It provides that the Section concerning the interests of subsequent purchasers without notice is a pure-notice recording statute. Introduced and referred to House Rules Committee.