Local Government Law

Senate Bill 2318

Topic: 
Municipal ordinances and service of summons
Municipal ordinances. Senate Bill 2318 (Hunter, D-Chicago; Sims, D-Chicago) allows active-duty or retired police officers in municipalities of one million or more to serve summons for violations of ordinances occurring within their municipalities. Passed both chambers.
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Senate Bill 56

Topic: 
Mortgage Foreclosure Article
(Collins, D-Chicago; Cassidy, D-Chicago) does three things. (1) Defines a “bona fide tenant” substantially consistent with the 2009 federal Protecting Tenants at Foreclosure Act. (2) Requires a petitioner to wait 90 days (unless the lease term is longer than 90 days) before a forcible entry and detainer action may be used to terminate the possessory rights of a bona fide tenant in residential real estate. Orders of possession issued in the foreclosure proceeding will continue to be entered against the mortgagor. (3) Addresses the deficiency issue in the 2010 McGahan case as to what procedure the mortgagee must follow if a mortgagor dies. If the survivor holds a 100% interest in the property because the survivor is the deceased mortgagor’s surviving joint tenant or surviving tenant by the entirety, a special representative for the deceased mortgagor need not be appointed. Passed both chambers.
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House Bill 183

Topic: 
Concealed carry of firearms
(Phelps, D-Harrisburg; Forby, D-Benton) authorizes Illinois residents to carry a concealed firearm in public after licensing and 16 hours of training. It is banned in some public places, such as on public transit, public gatherings, schools, amusement parks, parks and playgrounds, universities and colleges, state and federal buildings, sporting events, and residential mental health facilities. It is also banned from any establishment in which more than half of their sales come form alcohol. Municipalities may retain their current gun ordinances that are unrelated to concealed carry but may not enact an ordinance that diminishes what House Bill 183 allows. It also contains a preemption clause for handgun possession and ownership aside from this bill. Passed both chambers.
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Navarro v. Neal

Federal 7th Circuit Court
Navarro v. Neal
Civil Court
Election Law
Citation
Case Number: 
No. 12-3572
Decision Date: 
May 17, 2013
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing plaintiffs-candidates’ action seeking declaratory and injunctive relief by alleging that Illinois statute (10 ILCS 5/7-61 (2010)), which required candidates who had been appointed by political party leaders to run in general election for either Illinois State House or State Senate offices, to subsequently submit either 500 or 1,000 valid signatures from qualified primary electors within certain time frame to gain access to November 2010 ballot, was unconstitutional under 1st and 14th Amendments. While Dist. Ct. erred in finding that doctrine of laches precluded plaintiffs’ claim seeking declaratory relief where any delay caused by plaintiffs in waiting 10 weeks to file instant lawsuit in September of 2010 would not have any impact on plaintiffs’ proposed prospective remedy, dismissal was still appropriate since statute’s requirement to obtain minimum number of signatures to gain access to ballot was reasonable, non-discriminatory restriction as means to prevent large numbers of frivolous candidates from appearing on ballot and confusing voters.

Senate Bill 2306

Topic: 
Right to Privacy in the Workplace Act
(Radogno, R-Lemont; Mautino, D-Spring Valley) makes an exemption to existing law that prohibits an employer from requesting or requiring an employee or prospective employee to provide a password to gain access to the employee’s or prospective employee’s account or profile on a social networking website. If the password or access sought by the employer relates to a professional account and not a personal account, nothing in the provisions otherwise prohibits an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications as required under Illinois insurance laws or federal law or by a self-regulatory organization as defined in the Securities Exchange Act of 1934. Passed the Senate and in the House on third reading.
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Palm v. 2800 Lake Shore Drive Condominium Association

Palm v. 2800 Lake Shore Drive Condominium Association
Illinois Supreme Court
Civil Court
Condominium Law
Citation
Case Number: 
2013 IL 110505
Decision Date: 
Thursday, April 25, 2013
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court affirmed.
Justice: 
KILBRIDE
City of Chicago ordinance allowing condominium unit owners to inspect condominium association financial books and records is a valid exercise of the City's home rule power, and is valid and enforceable. The conflict between the ordinance and the state statutes does not render the ordinance invalid or beyond home rule power. The legislature has not specifically denied the City's exercise of home rule power or required its exercise of that power to be consistent with statutory provisions. Court properly awarded interim attorney fees to prevailing plaintiff, as provided for in ordinance, based on market value of attorney's services. (GARMAN, KARMEIER, and THEIS, concurring; THOMAS, specially concurring; FREEMAN and BURKE, dissenting.)

Senate Bill 1514

Topic: 
FOIA and attorney's fees
(Biss, D-Skokie) allows a requestor to prevail for purposes of attorney’s fees if the requestor obtains relief through (1) a voluntary or unilateral change in position by the public body after suit has been filed, unless the public body can demonstrate that its voluntary or unilateral change was not caused by the filing of litigation under this Section; (2) an enforceable written agreement or consent decree; or (3) a judicial order. On third reading in the Senate.
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House Bill 2646

Topic: 
Condominium Property Act
(McAsey) does three things to resolve the Act's ambiguity that allows condominium associations to recoup income lost during the lengthy foreclosure of a condominium unit. (1) Clarifies that this Act applies to a purchase at judicial foreclosure sale (other than by a mortgagee) and a purchase from a mortgagee that acquired title through a judicial foreclosure, a consent foreclosure, a common-law strict foreclosure, or the delivery of a deed in lieu of foreclosure. (2) Clarifies and caps the total amount the purchaser may be liable for—no more than the unit's unpaid regular monthly assessments for the nine-month period immediately preceding the judicial foreclosure. This cap includes attorney’s fees and costs incurred by the association during this nine-month period because of the nonpayment of these assessments. (3) Requires that the amount of this unpaid obligation must be included in certain notices in the Mortgage Foreclosure Article and the Condominium Property Act. On second reading in the House.
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Senate Bill 1514

Topic: 
FOIA and attorney's fees
(Biss, D-Skokie) provides that a requester prevails if relief is obtained through (1) a voluntary or unilateral change in position by the public body after suit has been filed, unless the public body can demonstrate that its voluntary or unilateral change was not caused by the filing of litigation under this Section, (2) an enforceable written agreement or consent decree, or (3) a judicial order. Passed out of Senate Executive Committee and on second reading in the Senate.
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