ISBA Statehouse Review for the week of February 12, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Forcible Entry and Detainer (House Bill 160), Premises Liability Act (House Bill 1441), Mortgage Foreclosure (Senate Bill 735), Public officers and multiple offices (House Bill 1434 ), Guardianship of minors (Senate Bill 786), Mental health confidentiality (Senate Bill 818) and Grandparents’ visitation (House Bill 1414). More information on each bill is available below the video.

Forcible Entry and Detainer. House Bill 160 (Thapedi, D-Chicago) provides that the owner may recover rent or a fair and reasonable satisfaction for use and occupation if the lands or tenements are held by a tenant who is a defendant in an eviction or possession action who continues to maintain possession of the land throughout the duration of the pending eviction or possession action. If an order for use and occupancy is granted to the plaintiff and the defendant violates the order by willfully failing to pay the ordered amount, it requires the court to set a firm trial date for the pending eviction possession action no less than seven days from the date that this order is entered. Makes the defendant responsible for the plaintiff’s costs and attorney’s fees. If the defendant is successful in the underlying eviction or possession action, the defendant is entitled to the return of any use and occupancy payments made to the plaintiff on his or her behalf plus statutory interest. Exempts property subject to the Condominium Property Act. To be heard in House Judiciary Committee next week.

Premises Liability Act. House Bill 1441 (Franks, D-Marengo) provides that whether a condition is open and obvious may be considered by the trier of fact only in assessing the degree of comparative fault, if any, and may not be considered with respect to any other issue of law or fact, including duty. Just introduced and referred to House Rules Committee.

Public officers and multiple offices. House Bill 1434 (Franks, D-Marengo) prohibits an elected official from holding more than one public office simultaneously. No distinction is made between paying offices and nonpaying offices. Defines “elected official” and “public office.” Just introduced and referred to House Rules Committee.

Guardianship of minors. Senate Bill 786 (Hunter, D-Chicago (Hunter, D-Chicago) amends the Probate Act of 1975. Provides that a guardianship order for a minor governing removal of the minor from the State may incorporate language governing removal of the minor from the State but only for those removals that take place within one year of the order. It must also include a provision for the guardian to provide notice to the parents of the date of removal and the residential address of the minor after removal. Just introduced and referred to the Senate Committee on Assignments.

Mental health confidentiality. Senate Bill 818 (Nybo, R-Lombard) amends the Mental Health and Developmental Disabilities Confidentiality Act. It makes records and communications made or created in the course of providing mental health or developmental disabilities services protected from disclosure regardless of whether the records and communications are made or created in the course of a therapeutic relationship. It makes an exception if “unless otherwise expressly provided for in the Act.” Just introduced and referred to the Senate Committee on Assignments.

Grandparents’ visitation. House Bill 1414 (Cavaletto, R-Salem). Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a grandparent may file a petition for reasonable visitation rights to a minor child living in a dual-parent household if there is an unreasonable denial of visitation by a parent and the grandparent has maintained a significant beneficial relationship with the child for a period of 12 months or more immediately preceding the severance of that relationship by the parent. The relationship must have been unreasonably severed by the parent or parents for reasons other than abuse or presence of a danger of substantial harm to the child. Creates a  presumption of a significant beneficial relationship if: (1) the child resided with the petitioner grandparent for at least six consecutive months with or without the current custodian present during the 12-month period; (2) the petitioner grandparent had frequent or regular contact or visitation with the child throughout the 12-month period; or (3) the petitioner grandparent was the primary caretaker of the child for a period or not less than six consecutive months within the 12-month period. Just introduced and referred to the House Rules Committee.