Elder Law

(Harmon, D-Oak Park; Cassidy, D-Chicago) requires circuit court clerks to collect a $9 “e-business” fee against all civil litigants. Exempts motions for change of venue and appeals from administrative agencies. After January 1, 2022 the law-library filing fee of $21 is reduced to $20 and the children's waiting room fee of $10 is reduced to $8. After January 1, 2022 the ceiling that the county board may not exceed for a civil filing fee is reduced by $6 for all counties. Passed both chambers. 

(Mulroe, D-Chicago) requires an assignment of a developer's interest in the property to be in writing and recorded for it to be effective. Scheduled for hearing this Wednesday in Senate Judiciary Committee. 

(Hutchinson, D-Chicago Heights prohibits parties in civil litigation from using a preemptory challenge to remove a prospective juror on the basis of their race, color, religion, national origin, economic status, sexual orientation, or gender identity. Assigned to the Committee on Assignments waiting for referral to a substantive committee. 

(Manar, D-Bunker Hill) allows all county boards to impose by ordinance a “judicial facilities fee” on all defendants convicted in traffic and criminal cases and all civil litigants. The fee may not be more than $30. It also expands the use of this fee from defraying new construction to include renovating existing judicial facilities. Under current law, only Will and Kane counties have authority to do impose this fee for new construction. Scheduled for hearing Tuesday in Senate Judiciary Committee. 

(Silverstein, D-Chicago) seeks to reverse the holding of the Mendelson case (2015 IL App (2d) 150084). Senate Bill 2842 provides that the transfer of property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee. Provides that for any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. It is shceduled for hearing in Senate Judiciary Committee tomorrow. 

(Link, D-Gurnee) amends the Probate Act of 1975 to provide that a claim for punitive damages also survives in an action that survives. Referred to Senate Assignments Committee. 

(Welch, D-Westchester) provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Referred to House Rules Committee. 

(Drury, D-Highwood) makes a number of changes to this Act, which are as follows. (1) Contains a statement of public policy that a unit owner has the right to fairness in litigation or other legal action regardless whether the unit owner instigates it or the association does. (2) Allows a unit owner to bring a legal action against the association or its board of managers to enforce individual or common-interest community rights without being required to sue other homeowners or otherwise name them as defendants. Any cost to provide a notice to unit owners is to be paid by the association and may not be assessed against the unit owner bringing the action. (3) Voids as a matter of public policy any provision of any condominium instrument or any rule or regulation seeking to limit a unit owner’s right to commence litigation against an association or its board of managers or to limit the liability of an association or its board of managers for a breach of duty. (4) Provides that a unit owner’s compliance with an association’s demand does not waive the unit owner’s right or ability to challenge the demand in a legal action commenced later. (5) Requires a unit owner to be awarded reasonable attorney’s fees to enforce this Act (a) to the extent the unit owner prevails as a plaintiff; or (b) the unit owner as defendant prevails on any affirmative defense or counterclaim for a breach by the association or its board of managers for an obligation under this Act, condominium instruments, rules and regulations, or another applicable statute or ordinance. (6) Requires the association be awarded its reasonable attorney’s fees to enforce this Act but that the court may reduce the award or in part or entirely if: (a) the court finds that the legal action benefited the association by clarifying its duties; or (b) based on other equitable considerations. (7) Bars the association from recovering any attorney’s fees and costs in a claim brought under the Forcible Entry and Detainer Article of the Code of Civil Procedure if the unit owner prevails based on a breach of duty by the association or by any member of its board of managers. (8) Provides that in litigation, the association is required to represent the best interests of all unit owners and the association without regard to the wishes of the board of managers. (9) Provides that the association may not be represented in litigation by counsel who also represents the association’s board of managers either individually or collectively. Introduced and referred to House Rules Committee. 

(Bellock, R-Westmont) provides that a parent or legal custodian of a child may execute a power of attorney delegating to another person certain powers regarding the care and custody of the child for a period not to exceed one year or a longer period in the case of a service member. It creates a new power-of-attorney form and new statute for this. Just introduced. 

(Drury, D-Highwood) makes it perjury if a person knowingly under oath makes contradictory statements to the degree that one of them is necessarily false in the same or in different proceedings in which an oath or affirmation is required if: (1) each statement was material to the issue or point in question; and (2) each statement was made within the period of the statute of limitations for the offense charged. Makes it a defense if the defendant at the time he or she made each declaration believed the declaration to be true. Just introduced.