ISBA Statehouse Review for the week of April 30, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers IMDMA Rewrite (Senate Bill 57), The Parentage Act (House Bill 1531), The Uniform Interstate Depositions and Discovery Act (Senate Bill 45), The Security Deposit Interest Act (House Bill 1319), Mortgage Foreclosure (Senate Bill 735), Condominium Property Act (House Bill 2641), Common Interest Community Association Act (House Bill 2642), Condominium Property Act (House Bill 2643) and Condominium Property Act (House Bill 2644). More information on each bill is available below the video.

IMDMA Rewrite. Senate Bill 57 (Mulroe, D-Chicago; Kelly Burke, D-Evergreen Park) is a rewrite of the Illinois Marriage and Dissolution of Marriage Act. It passed out of Senate Judiciary Committee Tuesday to the Senate floor. It has passed the Senate and now in the House.

The Parentage Act. House Bill 1531 (Kelly Burke, D-Evergreen Park; Mulroe, D-Chicago) is a rewrite of the Illinois Parentage Act modeled after the uniform act from the Uniform Law Commission. Passed the House and scheduled for a hearing next week in Senate Judiciary Committee.

The Uniform Interstate Depositions and Discovery Act. Senate Bill 45 (Barickman, R-Bloomington-Normal; Andersson, R-Geneva) simplifies the procedures for an Illinois person who is subpoenaed for discovery purposes from an out-of-state court. The Act creates establishes a simple, clerical procedure under which a subpoena from an out-of-state court can be used to issue a discovery subpoena in Illinois. Since its introduction in 2007, 33 states and the District of Columbia have adopted this Act, including our neighboring states of Kentucky, Indiana, Michigan, and Iowa.

Under the Act, the out-of-state subpoena will be presented to an Illinois circuit court clerk. The clerk will then issue an Illinois subpoena that incorporates the terms of the out-of-state subpoena. The Act specifically states that a request for the issuance of a subpoena doesn’t constitute an appearance in an Illinois court.

Motions brought to enforce, quash, or modify an out-of-state subpoena or for protective orders would be brought in Illinois and governed by Illinois’ discovery laws. The Act specifically states that the relevant Illinois Supreme Court Rules and statutes apply to this Act, such as Rules 204 and 237 and 735 ILCS 5/2-1101. Senate Bill 45 has passed this Senate and is awaiting a hearing next week in House Judiciary Committee.

The Security Deposit Interest Act. House Bill 1319 (Lang, D-Skokie; Silverstein, D-Chicago) provides that the requirement that a lessor pay accumulated interest within 30 days after the end of each 12-month rental period applies to interest that has accumulated to an amount of $5 or more. Requires that the lessor pay all interest that has accumulated and remains unpaid, regardless of the amount, upon termination of the tenancy. It has passed the House and is on second reading in the Senate.

Mortgage Foreclosure. Senate Bill 735 (Mulroe, D-Chicago; Lang, D-Skokie) provides that a court is not required to appoint a special representative for a deceased mortgagor to defend the action if there is a (1) beneficiary under a transfer on death instrument; (2) person or entity that was conveyed title to the property by the deceased mortgagor prior to death; (3) person or entity that was conveyed title to the property under the administration of the deceased’s estate; or (4) trust that was conveyed title to the property. Passed the Senate and on second reading in the House.

Condominium Property Act. House Bill 2641 (Cassidy, D-Chicago; Steans, D-Chicago) provides that the bylaws of a condominium shall provide for the ratification and confirmation by the board of managers of actions taken by the board without a meeting in response to an emergency. The bylaws shall include specified procedural requirements relating to the ratification and confirmation. It has passed the House and scheduled for a hearing next Tuesday in Senate Judiciary Committee.

Common Interest Community Association Act. House Bill 2642 (Cassidy, D-Chicago; Steans, D-Chicago) deletes language providing that all provisions of the declaration, bylaws, and other community instruments severed by the Act shall be revised by the board of directors independent of the membership to comply with the Act. It has passed the House and scheduled for a hearing next Tuesday in Senate Judiciary Committee.

Condominium Property Act. House Bill 2643 (Cassidy, D-Chicago; Steans, D-Chicago) provides that the condominium instruments may be amended with the approval of, or notice to, any mortgagee or other lienholder of record, if required under the provisions of the instruments (instead of “with the approval of any mortgagees required under the provisions of the condominium instruments.”)

Provides that if there is an error in an instrument such that the instrument does not conform to the Act or other law, the association may correct the instrument by an amendment adopted by two-thirds of the board of managers, without a unit owner vote.

Provides that a provision in a condominium instrument requiring or allowing unit owners, mortgagees, or other lienholders of record to vote to approve an amendment to a condominium instrument, or for the mortgagees or other lienholders of record to be given notice of an amendment to a condominium instrument, is not applicable to an amendment to the extent that the amendment corrects an omission, error, or inconsistency to conform the condominium instrument to the law. It has passed the House and scheduled for a hearing next Tuesday in Senate Judiciary Committee.

Condominium Property Act. House Bill 2644 (Cassidy, D-Chicago; Steans, D-Chicago) restricts the applicability of a Section concerning the rights of the board of managers to actions taken under provisions stating that the board of managers has standing and capacity to act in a representative capacity in relation to matters involving the common elements or more than one unit, on behalf of the unit owners, as their interests may appear. Deletes language providing that a provision in a declaration which would otherwise be void and ineffective may be enforced if it is approved by a vote of not less than 75% of the unit owners at any time after the election of the first unit owner board of managers. It has passed the House and scheduled for a hearing next Tuesday in Senate Judiciary Committee.