(Villa, West Chicago) Amends the Code of Civil Procedure. Provides that every individual is entitled to an estate of homestead to the extent in value of $30,000 of his or her interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise and occupied by him or her as a residence, or in a cooperative that owns property that the individual uses as a residence, or $60,000 if the homestead is owned by 2 or more individuals. Scheduled for hearing Tuesday in Senate Judiciary Committee.
This case presents question as to whether trial court, in affirming order of Director of Department of Agriculture, properly found that plaintiff-grain producer was not entitled to compensation from Grain Insurance Fund, under circumstances where licensed grain dealer failed to pay for grain delivered to dealer. Record showed that plaintiff and dealer entered into “price later contract,” and issue on appeal was whether Director and trial court properly found that neither delivery of grain or pricing of grain occurred within 160 days of dealer’s failure to pay plaintiff. Director concluded that: (1) because plaintiff and dealer failed to enter into price later contract until March 15, 2016, plaintiff’s grain had been priced as matter of law on February 26, 2016, which was 30 days after last grain subject to said contract has been delivered to dealer; and (2) February 26, 2016 was more than 160 days from dealer failure to pay plaintiff. Appellate Court, in reversing trial court, found that plaintiff was entitled to compensation from Grain Insurance Fund, where plaintiff signed purchase confirmation on June 6, 2016 and thus, pricing occurred at that time, which was within 160 days of dealer’s failure to pay plaintiff for his grain.
(Reick, R-Woodstock; Barickman, R-Bloomington) creates a statutory form for special warranty deeds to standardize the most common form of deed used in commercial real estate practice. Effective January 1, 2023.
(Tarver, D-Chicago; Sims, D-Chicago) is the first major update of the Residential Real Estate Disclosure Act since its enactment in 1994. Among its many changes include allowing for electronic delivery and notice of the disclosure and harmonizes this Act with the newer Illinois Trust Code and the Transfer on Death Instrument Act. It also clarifies that a seller does not waive being exempt if a disclosure report is nevertheless delivered. It also includes additional consumer protections for the buyer. Effective May 13, 2022.
Plaintiff appealed circuit court order affirming Department of Agriculture’s decision denying his claim for compensation from the Grain Code, 240 ILCS 40/1-1. Plaintiff argued the circuit court incorrectly interpreted section 10-15(e) of the Code as triggering the automatic pricing of grain sold under a price later contract, which placed his claim outside the protections of the Code. The appellate court reversed, finding that the Department’s interpretation of subsection (e) conflicted with the unambiguous language of the statute and that pricing is not automatic under section 10-15(e). (DeARMOND and STEIGMANN, concurring).
(Ford, D-Chicago; Villivalam, D-Chicago) amends the Illinois Human Rights Act to declare Illinois’ public policy is to prevent discrimination based on source of income in real estate transactions. Defines “source of income” as the lawful manner by which an individual is supported and their dependents are supported. Makes it a civil rights violation for specified discriminatory actions because of an individual’s source of income. Passed both chambers.
(Tarver, D-Chicago; Sims, D-Chicago) is the first major update of the Residential Real Estate Disclosure Act since its enactment in 1994. Among its many changes include the following: allowing for electronic delivery and notice of the disclosure and harmonizes this Act with the newer Illinois Trust Code and the Transfer on Death Instrument Act. It also clarifies that a seller does not waive being exempt if a disclosure report is nevertheless delivered. It also includes additional consumer protections for the buyer. Passed both chambers.
(Reick, R-Woodstock; Barickman, R-Bloomington) creates a statutory form for special warranty deeds to standardize the most common form of deed used in commercial real estate practice. Passed both chambers.
(Sims, D-Chicago; Ann Williams, D-Chicago) was signed into law on Aug. 13 by Governor Pritzker. It repeals the current exception to the attorney’s six-year statute of repose for estate planning work. That exception was for two years after the death of the client. Senate Bill 2179 provides for a six-year statute of repose to make it consistent with all other legal work, but it also includes a safe harbor period to ensure judicial approval of the legislation. This means that for estate planning done before the amendment’s effective date, regardless of how long ago, there would be a reasonable time period (not to exceed six years) after the statute’s effective date within which a claim could be brought to ensure claims are not abruptly terminated. It takes effect on Jan. 1, 2022.
(Tracy, R-Quincy; Costa-Howard, D-Lombard) is a cleanup of the adult guardianship statutes that our Elder Law Section Council has worked on over several years. Among its changes are as follows: (1) Clarifies that separate guardians may be appointed for the person and estate when both are needed as well as codifying that there may be co-guardians if the court finds it to be in the best interests of the ward. (2) Clarifies the interplay of the power of attorney and the guardianship roles. It states that a petitioner who seeks to revoke a power of attorney for the person with an alleged disability must do so in conformity with the Illinois Power of Attorney Act. (3) Codifies that guardians are entitled to reasonable compensation, subject to court approval, after the court considers a fee petition. It will also consider these fees to be first-class claims under §18-10 of the Probate Act if the ward dies. Makes other changes. Effective Jan. 1, 2022.
