ISBA Statehouse Review for February 20, 2019

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers special interrogatories, appearances by corporate officers, evictions, experts in adult guardianship reports, relocation in the IMDMA, condos and community associations, condos, public guardian fees, maintenance and veterans’ benefits, Cook County subcircuit judgeships, and Cook County associate judgeships.

Special interrogatories. House Bill 2233 (Thapedi, D-Chicago) repeals Section 2-1108 of the Code of Civil Procedure allowing special interrogatories in verdicts. House Bill 2233 is assigned to the House Judiciary Committee.

Appearances by corporate officers. House Bill 2599 (Mazzochi, R-Westmont) amends the Counties Code to authorize a corporation or limited liability company to appear at an administrative hearing proceeding through an officer, a board member, a shareholder with a controlling interest in the corporation, a shareholder of an S Corporation, a member of a limited liability company, or a person with a Master of Laws degree. Applies to counties with more than three million residents. It has been assigned to the House Rules Committee.

Evictions. Senate Bill 77 (Van Pelt, D-Chicago) seals eviction proceedings and remain so unless a final order of eviction in favor of the plaintiff is entered. The unsealed records must remain unsealed for a period of seven years. After seven years, access to the court records may be obtained only by specified parties. If a case is filed by a board of managers of a condominium association and names or joins a tenant of a condominium unit to the proceedings, the tenant’s name must be permanently suppressed by order of the court. It has been assigned to the Senate Judiciary Committee.

Experts in adult guardianship reports. House Bill 2661 (Martwick, D-Chicago) allows a licensed clinical psychologist to be one of the persons who may perform the evaluations upon which the report relating to the adjudication of disability is based. Now, only a licensed physician may do this. Referred to the House Rules Committee.

Relocation in the IMDMA. House Bill 2186 (Manley, D-Romeoville) changes the definition of “relocation” to make two different categories that are as follows: (1) mean a change of residence from the child’s current primary residence to a new residence within this state (rather than located in a Cook, DuPage, Kane, Lake, McHenry, or Will counties) that is more than 50 miles (rather than 25 miles) from the child’s current residence; (2) a change of residence from the child’s current primary residence to a residence outside the borders of this state that is more than 50 miles (rather than 25 miles) from the current primary residence. Assigned to the House Judiciary Committee. 

Condos and community associations. House Bill 29 (Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the state affecting community instruments and accounting practices.

It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the state affecting an association’s: budgeting practices; sale of property; notice requirements; contracts with board members; voting procedures; property improvement procedures; accounting practices; collection and sharing of records; amendment to the condominium instruments; and subdivision or combination of units. It has been sent to the House floor by the House Judiciary Committee.

Condos. House Bill 1466 (Harris, D-Chicago) authorizes the board of managers acting on behalf of all unit owners to allocate the percentage of ownership in the common elements as a tract for each unit for the limited purpose of calculating the assessment or levy of any such taxes, special assessments, or charges of the state of Illinois or of any political subdivision. It may do so by a two-thirds vote of the members of the board of managers or by the affirmative vote of not less than a majority of the unit owners at a meeting duly called for such a purpose, or upon such greater vote as may be required by the declaration or bylaws.

Requires this allocation of ownership to be based on the square footage of each individual unit and that it be separate from, and in addition to, the allocation for purposes of association assessments for common expenses, association special assessments and charges, and voting rights. It has been assigned to the House Revenue and Finance Committee.

Public guardian fees. House Bill 2442 (Scherer, D-Decatur) provides that the fees incurred by a public guardian for services related to guardianship duties are a first-class claim against the estate of a decedent. It has been assigned to the House Rules Committee.

Maintenance and veterans’ benefits. Senate Bill 1137 (Anderson, R-Moline) prohibits Illinois courts from considering federal veterans’ disability benefits as income in evaluating maintenance issues in a family law case. It has been assigned to the Senate Judiciary Committee.

Cook County subcircuit judgeships. House Bill 2268 (Martwick, D-Chicago) amends the Circuit Courts Act to provide that in 2021 the General Assembly must redraw the boundaries of the subcircuits of the Circuit of Cook County to reflect the results of the 2020 federal decennial census. A resident judgeship assigned to a subcircuit will continue to be assigned to that subcircuit. Any vacancy in a resident judgeship existing on or occurring after the effective date of a law redrawing the boundaries of the subcircuits must be filled by a resident of the redrawn subcircuit. Assigned to the House Executive Committee.

Cook County associate judgeships. Senate Bill 1428 (Jones, D-Chicago) provides that the Cook County associate judgeships existing on the effective date are converted into resident judgeships. Requires that the Illinois Supreme Court allot the resident judgeships for election from the 15 subcircuits. Assigned to the Senate Judiciary Committee.