ISBA Statehouse Review for the week of Feb. 14

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers UM and UIM arbitration (Senate Bill 1636), Short-term guardian (Senate Bill 1565), Illinois Wage Payment and Collection Act (Senate Bill 1568) and Mortgage foreclosure (Senate Bill 1602). More information on the bill is available below the video.

UM and UIM arbitration. Senate Bill 1636 (Mulroe, D-Chicago) makes arbitration binding in UM cases regardless of the amount that is awarded. Under current law, UM arbitration is not binding if an award is made more than $50,000 for one person’s injuries or $100,000 for two or more person’s injuries. Just introduced.

Short-term guardian. Senate Bill 1565 (Delgado, D-Chicago) terminates the appointment of a short-term guardian if a temporary custodian for a minor is appointed under certain provisions of the Juvenile Court Act of 1987. Just introduced.

Illinois Wage Payment and Collection Act. Senate Bill 1568 (Delgado, D-Chicago) authorizes the Department of Labor to establish administrative procedures to adjudicate claims of any amount. The current cap limiting the Department's authority to claims of $3,000 or less is repealed. Just introduced.

Mortgage foreclosure. Senate Bill 1602 (Collins, D-Chicago) does four things in the mortgage foreclosure article. (1) Allows the landlord terminate a tenancy established before the confirmation of sale only (a) at the end of the term of the lease agreement by written notice issued not earlier than 90 days before the end of the term of the lease; or (b) in the case of a month-to-month or week-to-week tenancy, by 90 days' written notice. (2) Entry of a judgment of foreclosure does not terminate or otherwise affect the rights or interest of any occupant of a dwelling unit who has a lease or tenancy resulting from an arm's-length transaction and who is not the mortgagor, whether or not the occupant has been made a party in the foreclosure. (3) The holder of the certificate of sale, the holder of the deed issued under that certificate, or if no certificate or deed was issued, the purchaser at the sale shall: (a) assume the lease or tenancy of the mortgaged real estate resulting from an arm's length transaction entered into before the confirmation of sale; (b) assume any federal, state, or local housing subsidy contract for the dwelling unit for the duration of the contract or the assumed lease, whichever is shorter; (c) assume his or her interest in the mortgaged real estate subject to the rights of any occupant; and (d) not terminate the occupancy or any occupant's tenancy except as otherwise provided in the Code. (4) Requires the purchaser who offers money or other valuable consideration to an occupant of a dwelling unit as an incentive to vacate the premises to tender the offer in accordance with specified conditions. Just introduced.