Construction Law

(Andersson, R-Geneva; McConnaughy, R-St. Charles) creates an alternative proceeding to take place after the expiration of the time in which judicial review may be sought after a final determination of a code violation. If a defendant has failed to comply with a judgment to correct a code violation or pay a fine, any expenses incurred by a municipality to enforce the judgment shall be a debt due and owing the municipality by the defendant. Authorizes the municipality to impose a lien on the real estate or personal estate of the defendant in the amount of any debt due to the municipality. Permits a hearing officer to set aside any judgment entered by default and set a new hearing date if the hearing officer determines that the petitioner's failure to appear was for good cause or because the municipality did not provide proper service of process. Passed both chambers.

(Andersson, R-Geneva; McConnaughy, R-St. Charles) amends the Municipal Code to provide that it shall not be considered a “conflict” under the boundary-line provisions of this Section when a municipality that is a party to a jurisdictional boundary-line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary-line agreement. Passed both chambers.

(Cassidy, D-Chicago; Steans, D-Chicago) makes it void as a matter of public policy if a provision in a condominium instrument purports to limit or restrict the representative rights of the board if it requires prior consent of the unit owners or requires arbitration or mediation of a dispute between the developer or one or more declarants under the condominium instruments. Deletes language providing that a provision in a declaration which would otherwise be void and ineffective may be enforced if it is approved by a vote of not less than 75% of the unit owners at any time after the election of the first unit-owner board of managers. Passed both chambers.

(Sandack, R-Downers Grove; Harmon, D-Oak Park) allows a lien claimant to proceed directly against a bond substituted for the lien on the owner’s real estate or funds. The court may dismiss parties other than the principal, surety of the bond, and the lien claimant. Defenses against the lien claimant are limited to those that could be asserted by the principal or contracting owner. The “prevailing party” in an action brought under this new subsection shall be awarded its attorney fees. The “prevailing party” is defined as a lien claimant that recovers at least 75% of the amount of its lien claim, or the principal of the bond if the lien claimant recovers less than 25% of the amount of its lien claim. The attorney’s fees for a lien claimant that is a prevailing party is limited to the amount remaining on the bond after the payment of the claim and interest, and the attorney’s fees awarded to a bond principal shall be limited to 50% of the amount of the lien claim. Passed both chambers.

(Barickman, R-Bloomington; Andersson, R-Geneva) simplifies the procedures to take the deposition of an Illinois person who is subpoenaed for discovery purposes from an out-of-state court. The Act creates establishes a simple, clerical procedure in which a subpoena from an out-of-state court is reissued as a discovery subpoena in Illinois. Passed both chambers.

The immediate issue of funding for court reporters, childcare assistance, and the Department of Corrections is being negotiated by Governor Rauner and the four legislative leaders. As was reported in the Pantagraph, “A child care program for low-income parents needs $300 million to make it through the end of the year. The Illinois Department of Corrections says it will begin running out of money to pay guards in mid-April. And, funds to pay court reporters are running dry, potentially resulting in a stoppage of court activity.” This week I was told that legislators have noticed that they are not hearing as much from constituents on the shortage for court reporting funding as the other two problems. I was told that they were unaware of the impact that this would have on county detention of defendants awaiting trial and possible Speedy Trial problems. If you have an opportunity, you may wish to bring this up with your state senator and representative. Their telephone numbers may be found on the General Assembly website at www.ilga.gov/ Thank you.

(Greg Harris, D-Chicago) Amends the Counties Code. Provides that in a county that has a property fraud alert system, a county recorder may create a registration form to register a property owner on the county's property fraud alert system that a real estate professional may file with the recorder on behalf of a property owner. Provides that real estate professionals must register with the county recorder prior to filing the registration forms on behalf of property owners. Limits liability for those assisting a property owner with registering for the property fraud alert system. Limits home rule powers. Scheduled for hearing this Thursday in House Townships Committee.

(Kay, R-Glen Carbon) Authorizes the Illinois Supreme Court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions in which the amount in controversy is more than $10,000 but does not exceed $100,000. If a circuit court grants or denies, in whole or in part, a motion to dismiss because of the absence of a basis in law or fact for the action, then the court may award costs and reasonable and necessary attorney’s fees to the prevailing party in amounts that the court determines are equitable and just. Authorizes reasonable deposition fees to be recovered as costs. Scheduled for hearing this Wednesday in House Judiciary Committee (Civil).