Commercial Banking, Collections, and Bankruptcy

( Harmon, Oak Park) makes it the duty of the plaintiff or his or her representative to mail to each defendant listed on the filed affidavit for service by publication a copy of the published notice by first-class mail addressed to each defendant whose place of residence is stated on the affidavit if any defendant cannot be personally served with a summons and complaint. Specifies that it is not the duty of the clerk of court or any nonparty to the case to do this. An affidavit of the plaintiff or his or her representative stating that he or she has mailed the copy of the notice is evidence that this has been done. Scheduled for hearing this Tuesday in Senate  Judiciary Committee. 

(Fine, D-Glenview) requires every count in a complaint and counterclaim to request specific remedies the party believes it should receive from the court except in personal injury actions. For personal injury actions, a party may not claim an amount of money unless necessary to comply with the circuit court rules. Allows a party to request remedies from the court in the alternative. Remedies requested from the court do not limit the remedies available except in the case of default. In default cases, if a remedy is sought in the pleading that is beyond what the defaulted party requested, notice must be given to the defaulted party. The defendant is not prohibited from requesting from the plaintiff the amount of damages sought in interrogatories. Repeals a provision regarding prayer for relief. Scheduled for hearing next Tuesday in Senate Judiciary Committee. 

(Harmon, D-Oak Park) provides shorthand reporting includes the making of a verbatim record by the use of closed microphone voice dictation silencer and pen shorthand writing. Provides that the Department of Financial and Professional Regulation may certify an applicant who is a certified verbatim reporter or registered professional reporter of another jurisdiction as a certified shorthand reporter. Scheduled for hearing next week in the Senate Licensed Activities Committee. 

(Manley, D-Romeoville,) provides that a director, officer, member, manager. general partner, or person dissociated as a general partner of a business entity remains liable to a home buyer after dissolution of the entity for any obligation arising under a warranty for the sale of a new home. It amends the Business Corporation Act of 1983, the Limited Liability Company Act, and the Uniform Limited Partnership Act (2001). It is scheduled for hearing this Wednesday in House Judiciary Committee. 

(Curran, R-Woodridge) exempts from inspection and copying interagency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the agency. Provides that the exemption does not apply to a record created 25 years or more before the date on which the record is requested. Scheduled for hearing tomorrow in Senate Judiciary Committee. 

(Harris, D-Chicago) authorizes the board of managers acting on behalf of all unit owners to allocate the percentage of ownership in the common elements as a tract for each unit for the limited purpose of calculating the assessment or levy of any such taxes, special assessments, or charges of the State of Illinois or of any political subdivision. It may do so by a two-thirds vote of the unit members at a meeting duly called for such a purpose or upon such greater vote as may be required by the declaration or bylaws. 

Requires this allocation of ownership to be based on the square footage of each individual unit and that it be separate from, and in addition to, the allocation for purposes of association assessments for common expenses, association special assessments and charges, and voting rights. It has been assigned to the House Revenue and Finance Committee. 

House Bill 1466 is limited to associations with 20 units or less. It has been assigned to House Revenue and Finance Committee for a hearing next week. 

(Andrade, D-Chicago) prohibits a community association manager who provides community association management services from entering into any agreement for payment or commission with any person, corporation, party, partnership, or other entity that provides goods or services to the association without first giving prior written disclosure to the board of managers. Assigned to House Judiciary Committee.