Local Government Law

(Noland, D-Elgin; D'Amico, D-Chicago) changes the procedures for all traffic violations that are petty offenses to include repeal of the requirement that bond be posted. If a person fails to appear for a court date, the court may continue the case for a minimum of 30 days and notify the person at their address of record with the secretary of state. If the person doesn’t appear or satisfy the court that their appearance, through no fault of their own, was impossible, the court shall order the person’s license suspended. The secretary of state may not lift this “failure to appear” suspension nor may any other permit be issued to the person until the SOS is notified by the court that the person has appeared and resolved the violation. Effective January 1, 2015.

(Murphy, R-Palatine; Sandack, R-Downers Grove) fleshes out how a respondent gets an independent medical examination in a proceeding seeking involuntary admission, a proceeding seeking to administer psychotropic medication or electroconvulsive therapy, or a proceeding seeking discharge of the respondent. Requires the court to determine the fees of the expert, which are to be paid by the respondent's county of residence. If the respondent is not a resident of Illinois, the fees are to be paid by the county in which the proceeding is pending. Effective January 1, 2015.

(Mulroe, D-Chicago; Kelly Burke, D-Oak Lawn) provides that language barring certain agreements does not prohibit an agreement to subordinate a mechanics lien to a mortgage lien that secures a construction loan if that agreement is made after more than 50% of the loan has been disbursed to fund improvements to the property. Allows contractual provisions to be binding between the owner and contractor or a contractor and subcontractor that no lien or claim may be filed or maintained or that a contractor’s lien must be subordinated to the interests of any other party as long as it is not otherwise prohibited by this Act. Deletes language providing that the only admissible evidence of specified conditions of a contract as against a subcontractor or material supplier shall be proof of actual notice thereof to him or her before his or her contract is entered into. Deletes language providing that certain subordination provisions of contracts is not binding on the subcontractor unless set forth in its entirety in writing in the contract between the contractor and subcontractor or material supplier. Effective July 16, 2014.

(Morrison, D-Lake Forest; Yingling, D-Hainesville) allows a county board for counties more than 300,000 but less than two million population to adopt a code of conduct regarding the fiscal responsibility and procurement authority, as required by State law, local ordinance, or county board policy It may also include additional provisions for the accountability, transparency, and ethical conduct of county appointees. Allows appointees appointed by a county board chairman or county executive, with or without the consent of the county board, to be removed from office for violating the code of conduct by the county board chairman or county executive with concurrence by a 2/3 majority vote of the county board. It requires that reasonable notice of the violation and a hearing before the county board or its designee be provided to the appointee before the vote. Makes similar provisions for appointees appointed by the county board on the process of removal for violation of the code of conduct. But the Act exempts the removal of county superintendent of highways and county engineer from these provisions. Effective January 1, 2015.

(Sandack, R-Downers Grove; Don Harmon, D-Oak Park) requires a unit of local government or school district that serves a population of less than one million that maintains an Internet website (other than a social media or social networking website) to post to its website a mechanism, such as a uniform, single-email address, for the public to electronically communicate with those elected officials. Requires the information to be easily accessible from the unit of local government’s or school district’s home page through a hyperlink. Sent to the Governor.

(Burke, D-Evergreen Park; Raoul, D-Chicago) amends the two acts that govern condos and common-interest communities so that communication may include “electronic transmission” for differing purposes under the two Acts. It creates procedures to do this that also require consent of the unit owner. It also prohibits secret ballots in elections for common-interest communities. Sent to the Governor.

(Harmon, D-Oak Park; Fortner, R-West Chicago) requires that certain notices must be posted 15 days (now, 10 days) before the township meeting and before the public hearing. Authorizes any group of registered voters to request an advisory opinion of public policy to be considered by the electors at the annual meeting with proper written notice to the township clerk in the same manner as required for an agenda item, which shall then be published on the township board's agenda. Effective June 18, 2014.