Commercial Banking, Collections, and Bankruptcy

(Barickman, R-Bloomington-Normal) intends to simplify the procedures for an Illinois person who is subpoenaed for discovery purposes from an out-of-state court. The Act creates establishes a simple, clerical procedure under which a subpoena from an out-of-state court can be used to issue a discovery subpoena in Illinois. Since its introduction in 2007, 33 states and the District of Columbia have adopted this Act, including our neighboring states of Kentucky, Indiana, Michigan, and Iowa. Under the Act, the out-of-state subpoena will be presented to an Illinois circuit court clerk. The clerk will then issue an Illinois subpoena that incorporates the terms of the out-of-state subpoena. The Act specifically states that a request for the issuance of a subpoena doesn’t constitute an appearance in an Illinois court. Motions brought to enforce, quash, or modify an out-of-state subpoena or for protective orders would be brought in Illinois and governed by Illinois’ discovery laws. The Act specifically states that the relevant Illinois Supreme Court Rules and statutes apply to this Act, such as Rules 204 and 237 and 735 ILCS 5/2-1101.

(Haine, D-Alton) lifts the ceiling for the court-services fee that is now at $25. It can be increased to more than $25 if accompanied by an acceptable cost study per statute. The court-services fee is dedicated to the the county sheriff for court security and applies to civil pleadings and criminal convictions. Just introduced and referred to the Senate Committee on Assignments.

(Thapedi, D-Chicago) provides that the owner may recover rent or a fair and reasonable satisfaction for use and occupation if the lands or tenements are held by a tenant who is a defendant in an eviction or possession action who continues to maintain possession of the land throughout the duration of the pending eviction or possession action. If an order for use and occupancy is granted to the plaintiff and the defendant violates the order by willfully failing to pay the ordered amount, it requires the court to set a firm trial date for the pending eviction possession action no less than seven days from the date that this order is entered. Makes the defendant responsible for the plaintiff’s costs and attorney’s fees. If the defendant is successful in the underlying eviction or possession action, the defendant is entitled to the return of any use and occupancy payments made to the plaintiff on his or her behalf plus statutory interest. Exempts property subject to the Condominium Property Act. To be heard in House Judiciary Committee next week.

(Mulroe, D-Chicago) amends provisions outlining under which circumstances the court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action. It adds situations in which there is a: (i) beneficiary under a transfer on death instrument; (ii) person or entity that was conveyed title to the property by the deceased mortgagor prior to death; (iii) person or entity that was conveyed title to the property under the administration of the deceased's estate; or (iv) trust that was conveyed title to the property. Just introduced and referred to Senate Committee on Assignments.

(Yingling, D-Hainesville) removes requirements that a public body’s website must be maintained by the public body’s full-time staff to post public notice of meetings and minutes under the Act. Just introduced and referred to House Rules Committee.

(Fine, D-Glenview) requires the Department of Financial and Professional Regulation to accept proof of bond insurance for general liability coverage from general contractors, painters, drywallers, HVAC technicians, and electricians. DPR then must publish this on a publicly accessible website. It prohibits a unit of local government from requiring these trades to submit additional proof of bond insurance for general liability coverage or assess a fee associated with the proof of bond insurance to do business in that jurisdiction if they do this. Just introduced and referred to House Rules Committee.

(Althoff, R-McHenry) amends the Counties Code to allow defaulted fines or penalties or installments of either to be collected by any means authorized for the collection of monetary judgments. Allows the state’s attorney to retain attorneys and private collection agents to do the collections. Charges their fees against the offender. Just introduced and referred to the Senate Committee on Assignments.

(Silverstein, D-Chicago) creates a rebuttable presumption that a will is void if it was executed or modified after the testator has been adjudicated disabled and the will was executed or modified without court approval. The presumption may be overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil at the time the will or codicil was executed. Just introduced and referred to the Senate Committee on Assignments.