ISBA Statehouse Review for the week of August 11, 2016
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Open Meetings Act Public Act 99-714, IDVA electronic filing pilot program Public Act 99-718, Supplementary proceedings Public Act 99-744, Forcible Entry and Detainer Article Public Act 99- 753 and Mendelson Public Act 99-743.
More information on each bill is available below the video.
Open Meetings Act. Public Act 99-714 (Breen, R-Lombard; Nybo, R-Lombard) extends the time in which a person may file a civil action if a person files a timely request for review under Section 3.5 of the Act. The civil action must be filed within 60 days of the decision by the Attorney General to resolve a request for review by a means other than the issuance of a binding opinion under Section 3.5(a). Effective August 5, 2016.
IDVA electronic filing pilot program. Public Act 99-718 (McAuliffe, R-Chicago; Morrison, D-Deerfield) authorizes the Illinois Supreme Court to adopt rules to establish a pilot program for the electronic filing of petitions for temporary orders of protection and the issuance of those orders by audio-visual means. Its intent is to accommodate litigants for whom attendance in court would be an undue hardship or risk harm to them. Effective January 1, 2017.
Supplementary proceedings. Public Act 99-744 (Silverstein, D-Chicago; Lang, D-Skokie) makes the following changes to supplementary proceedings: (1) Clarifies that a petition to revive a judgment must served and an order entered for a judgment to be revived. (2) Requires the amount of the bond to be posted after an entry of an order of prejudgment attachment against the property of a debtor who may conceal property or flee the state. (3) Makes taxable as court costs of all charges relating to the electronic filing of cases and pleadings. (4) Under current law, a court must vacate a judgment and dismiss the action when a release or full satisfaction for judgment is filed by the prevailing party. This provides that a judge may do so. (5) Eliminates the sheriff’s levy sale of corporate stock as superseded by the Uniform Commercial Code or a citation to discover assets statute. Effective January 1, 2017.
Forcible Entry and Detainer Article. Public Act 99- 753 (Mulroe, D-Chicago; Lang, D-Skokie) changes a statutory notice of motion for the extension of an order of possession by replacing references to “landlord” with “plaintiff.” Effective January 1, 2017.
Mendelson. Public Act 99-743 (Silverstein, D-Chicago; Lang, D-Skokie) seeks to reverse the holding of the Mendelson case (2016 IL App (2d) 150084). It provides that the transfer of real 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. Effective January 1, 2017.