ISBA Statehouse Review for March 10, 2016

Judicial Facilities Fee. Senate Bill 2503 (Manar, D-Bunker Hill) allows a county board to impose a “judicial facilities fee” on all defendants convicted in traffic and criminal cases and all civil litigants. The fee may not be more than $30. It also expands the use of this fee from defraying new construction to include renovating existing judicial facilities. Under current law, only Will and Kane counties have authority to do impose this fee for new construction. Assigned to Senate Judiciary Committee.

 

Condominium Property Act. Senate Bill 2863 (Connelly, R-Lisle) allows a unit owner to retain ownership of his or her unit in one situation. That situation would be if the fair market value is not at least 90% of the price the unit owner paid for the unit if the unit owner files a written objection to a sale of condominium property within 20 days after the date of the meeting at which the sale was approved. This change would apply to sales that are pending or commenced on and after the effective date. Assigned to Senate Judiciary Committee.

 

Juries in civil litigation. Senate Bill 3286 (Hutchinson, D-Chicago Heights) prohibits parties in civil litigation from using a preemptory challenge to remove a prospective juror on the basis of their race, color, religion, national origin, economic status, sexual orientation, or gender identity. Assigned to the Committee on Assignments waiting for referral to a substantive committee.

 

Adoption Act. Senate Bill 2926 (Hutchinson, D-Chicago Heights) adds to a list of disclosures required to be made to the adoptive parents. It adds facts and circumstances relating to the nature and cause of the adoption, information regarding how adoptive parents were identified, and whether a request or efforts were made regarding continued contact or an open adoption. Assigned to Senate Judiciary Committee.

 

Trusts. Senate Bill 2842 (Silverstein, D-Chicago) seeks to reverse the holding of the Mendelson case (2015 IL App (2d) 150084). Senate Bill 2842 provides that the transfer of property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee. Provides that for any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. Assigned to Senate Judiciary Committee.

 

Supplementary proceedings. Senate Bill 3303 (Rose, R-Mahomet) amends the Code of Civil Procedure to provide that if the respondent fails to appear on the date that the court conducts an inquiry related to the discharge of a bond, the court may proceed with the inquiry and resolve any questions that arise. Referred to the Senate Committee on Assignments.