Construction Law

was issued by Governor Pritzker yesterday. It orders the following for the duration of the Gubernatorial Disaster Proclamation for COVIR-19:

(1) the requirement that a person must "appear before" a notary public commissioned under the Illinois Notary Public Act is satisfied if: the notary public performs a remote notarization via two-way audio-video communication technology; the notary public is physically within the State while performing the notarial act; and the transaction follows the guidance posted by the Illinois Secretary of State on its website;

(2) any act of witnessing required by Illinois law may be completed remotely by via two-way audio-video communication technology if specified requirements are met;

(3) specified provisions of the Electronic Commerce Security Act that prohibit electronic signatures on certain documents remain in full effect;

(4) notwithstanding any law or rule of the State to the contrary, absent an express prohibition in a document against signing in counterparts, all legal documents, including deeds, last wills and testaments, trusts, durable powers of attorney for property, and powers of attorney for health care, may be signed in counterparts by the witnesses and the signatory; a notary public must be presented with a fax or electronic copy of the document signature pages showing the witness signatures on the same date the document is signed by the signatory if the notary public is being asked to certify to the appearance of the witnesses to a document.

(McDermed, R-Mokena) creates a process similar to the Mental Health and Developmental Disability Act that a party or attorney and the court must follow before serving or issuing a subpoena for records maintained by that Illinois Tollway Authority that may contain personally identifying information of tollway users.

It prohibits a party or attorney from serving a subpoena unless it is accompanied by a written court order or written consent of the tollway user whose records are being sought. It prohibits the court from issuing such an order unless the tollway user has written notice of the request for subpoena and an opportunity to be heard.

Any subpoena must contain the language that “The Authority shall not comply a subpoena for personally identifiable information unless the subpoena is accompanied by a written order that authorizes the issuance of the subpoena and the disclosure of records or communications or by the written consent of the person whose records are being sought.” 

House Bill 4006 has been assigned to House Judiciary Committee. 

(Koehler, D-Peoria) amends the Conveyances Act to provide that if the Act requires information to be in writing or delivered in writing, or provides for consequences if it is not, an electronic record or electronic delivery satisfies that requirement. If the Act requires a deed, instrument, record, or other document or information to be executed, signed, or subscribed to in writing, an electronic signature or digital signature satisfies that requirement. Assigned to the Committee on Assignments.

(Barickman, R-Bloomington) amends the Ejectment Article of the Code of Civil Procedure. It provides that a plaintiff is entitled to recover either the profits received by the defendant or lost by the plaintiff. The jury of an ejectment action may assess damages in the amount of mesne profits lost by the plaintiff (in addition to those received by the defendant) since the defendant entered into possession of the premises. Assigned to Senate Judiciary Committee. 

(Mulroe, D-Chicago; Martwick, D-Chicago) makes the following changes to postjudgment 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; 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 on a party in default. Effective August 2, 2019. 

(Thapedi, D-Chicago; Mulroe, D-Chicago) amends the special interrogatory provision in the Code of Civil Procedure to do the following: (1) Makes it discretionary with the court on whether to give a special interrogatory if requested by any party. It is now mandatory if any party requests; (2) The appellate standard to review a trial court’s decision on whether to give a special interrogatory is abuse of discretion; (3) If a special finding of fact is inconsistent with the general verdict, the court is required to direct the jury to further consider its answer and verdict. If the jury can’t render a general verdict consistent with the special finding, the court must order a new trial; (4) During closing argument, the parties are allowed to explain to the jury what may result if the general verdict is inconsistent with any special finding. Effective immediately and will apply to trials commencing on or after Jan. 1, 2020.

(Walker, D-Arlington Heights; Murphy, D-Des Plaines) adds a person authorized by the mortgagor, grantor, heir, legal representative, or assign to the list of those who may request that the mortgagee of real property execute and and deliver a release of a mortgage or deed of trust. If any mortgagee or trustee does not, within 30 days (rather than "one month") after the payment of the debt secured by the mortgage or trust deed complies with specific requirements, then it is liable for the sum of $200 to the aggrieved party. The successor in interest to the mortgagee or trustee is not be liable for the $200 penalty if it complies with specific requirements within 30 days (rather than "one month") after succeeding to the interest.

Effective January 1, 2020.