ISBA Statehouse Review for the week of March 26
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers FOIA (House Bill 2747), New filing fees (House Bill 2327), New filing fees (House Bill 2976), Recorder reviewing documents (House Bill 2832), Motor Vehicle Franchise Act (House Bill 2508) and Juvenile Court Act (House Bill 3172. More information on the bill is available below the video.
FOIA. House Bill 2747 (Conroy, D-Villa Park) authorizes written FOIA requests to be submitted to a public body by electronic mail. Requires each public body to post an email address where requests for public records may be directed. Passed the House and in the Senate.
New filing fees. House Bill 2327 (Riley, D-Chicago) authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee of up to $25 (instead of $15) and a document storage fee of up to $25 (instead of $15). Passed the House and in the Senate.
New filing fees. House Bill 2976 (Lilly, D-Chicago) adds a general filing increase to all civil actions in Cook County by $5 if the county board authorizes. The proceeds of these are to be placed in the county general fund and used to finance the court system in the county. On third reading in the House.
Recorder reviewing documents. House Bill 2832 (Lang, D-Skokie) Provides that a county recorder may establish a “review index” and procedures for investigating filings that would cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. Provides for the following: (1) the filing of a notice sheet regarding a suspected fraudulent filing; (2) criteria that a recorder may rely upon to identify a filing as appropriate to be placed in the review index; (3) notification requirements of a recorder's determinations regarding a filing; (4) procedures for removal of a filing from the review index; (5) administrative review of a recorder's determination; (6) priority of filing; and (7) fees associated with filing a deed or instrument that is determined to be fraudulent. Immunizes the recorder or the recorder’s employees or agents for any omission or error under this new Section. It applies to documents only filed after the effective date. On second reading in the House.
Motor Vehicle Franchise Act. House Bill 2508 (Hoffman, D-Belleville) Provides that it is a violation of the Act to require a motorcycle dealer to (1) install fixtures, lighting, or displays not specifically related to products not made by the manufacturer; (2) buy fixtures or lighting only from the manufacturer's approved distributor; (3) segregate certain aftermarket products away from the other manufacturer's products; or (4) locate to a new or alternate facility. Passed out of House Judiciary Committee.
Juvenile Court Act. House Bill 3172 (Tracy, R-Quincy) repeals a provision under current law that allows a state’s attorney to prevent a judge from ordering a continuance under supervision. Passed out of House Judiciary Committee and on second reading in the House.