Construction Law

(Mulroe, D-Chicago) makes the following changes to post-judgment proceedings. (1) Provides that a judgment creditor is entitled to prosecute citations to discover assets (instead of supplementary proceedings) for the purposes of examining the judgment debtor or any other person to discover assets or income of the debtor not exempt from the enforcement of the judgment, a deduction order or garnishment, and of compelling the application of non-exempt assets or income discovered toward the payment of the amount due under the judgment. (2) Deletes language providing that it is not a prerequisite to the commencement of a supplementary proceeding that a certified copy of the judgment has been returned wholly or partly unsatisfied. (3) Provides that summons shall be returnable not less than 21 nor more than 40 days (rather than 30 days) after the date of issuance. (4) Provides that summons shall be served with one copy (rather than four copies) of the interrogatories and that a summons shall be served in the same manner as provided by the Illinois Supreme Court Rule for additional relief upon a party in default. It has been referred to the Committee on  Assignments to be referred to a substantive committee.

(Mulroe, D-Chicago) amends the Code of Civil Procedure to provide that the failure to send a copy of the notice of foreclosure to the alderman or to file an affidavit as required results in a fine of $500 payable to the ward in which the property is located. Under current law, it results in the dismissal without prejudice of the complaint or counterclaim on a motion of a party or the court. It also deletes language regarding the requirements a party must comply with if the party refiles the complaint or counterclaim. Senate Bill 169 has been referred to the Committee on Assignments before being assigned to a substantive committee. 
 

(Murphy, D-Des Plaines) must first provide the unit owner a minimum of 20 days' written notice and an opportunity to be heard before the board may levy a fine. It also requires that the written notice must be made in compliance with the Act. The notice and opportunity to be heard requirements apply only to the ability to levy fines, and nothing contained in the new provisions limits or restricts the ability of the board to pursue or enforce the rights of the association. Provides that the association has no authority to report adverse information to a credit reporting agency or initiate collection proceedings against a unit owner for unpaid fines unless the board of managers has first complied with the notice and hearing requirements. Senate Bill 220 has been referred to the Committee on Assignments before being sent to a substantive Senate committee. 

(Martwick, D-Chicago) allows a taxing body or its representative to file a vacancy-fraud complaint with the county board of review if the property is receiving vacancy relief and the property owner is not actively attempting to lease, sell, or alter the property. It sets forth factors in determining whether vacancy fraud has occurred and its penalties. House Bill 832 was just introduced. 

(Guzzardi, D-Chicago) amends the Code of Civil Procedure to do the following. (1) Provides that a summons issued in an action to collect a debt shall include a separate notice containing specified language regarding debtor rights. Provides that the clerk of the court shall cause the notice to be posted in courtrooms or in the hallway in front of courtrooms and be available for distribution in all courtrooms hearing cases involving debt collection matters. (2) Provides that a judgment may be revived by filing a petition to revive the judgment in the fifth year after its entry (instead of the seventh year after its entry, or in the seventh year after its last revival, or in the twentieth year after its entry, or at any other time within 20 years after its entry if the judgment becomes dormant). Provides that a petition to revive the judgment may be granted only if citation proceedings were initiated within one year of the judgment being entered. (3) Changes the limitations period for the enforcement of certain judgments from seven to five years. (4) Makes changes in provisions governing: wages subject to garnishment; the homestead exemption from judgments; and personal property exempt from judgments. (5) Amends the Interest Act to provide that consumer debt judgments of $25,000 or less shall draw interest at a rate of 2% per annum. House Bill 281 was just introduced. 

(Guzzardi, D-Chicago) amends the Illinois Human Rights Act to provide that that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. House Bill 252 was just introduced. 

(Guzzardi, D-Chicago) repeals the Rent Control Preemption Act. 

(Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State with respect to amendments to the community instruments and accounting practices.

It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State with respect to an association’s budgeting practices, sale of property, notice requirements, contracts with board members, voting procedures, property-improvement procedures, accounting practices, collection and sharing of records, amendment to the condominium instruments, and subdivision or combination of units.

Both parts of the bill specifically reference Public Act 100-292. House Bill 29 was just introduced.