ISBA Statehouse Review for March 13, 2019

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers IMDMA, guardian ad litems, home warranty, FOIA, BAIID and DUIs, judicial review and permitting decisions, the Condominium Property Act, and statutory summary suspension.

IMDMA. House Bill 185 (Ford, D-Chicago) makes three changes to the IMDMA in House Amendment No. 1.

(1) It deletes current language in Section 602.5 that states “Nothing in this Act requires that each parent be allocated decision-making responsibilities.”  

(2) Adds language to Section 602.7 affecting parenting time. It will now read that “It is presumed both parents are fit and fit parents act in the best interests of their children.” (New language is in italics.)

(3) In Section 602.7, it deletes a factor that the judge must consider in awarding parenting time. It deletes subsection (b)(3) that is the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child under two years of age, since the child’s birth. 

House Bill 185 is scheduled for hearing next Wednesday in the House Judiciary Committee and Family Law Subcommittee. 

Guardian ad litems. House Bill 3182 (Mazzochi, R-Westmont) prohibits a court from appointing a guardian ad litem unless the guardian at litem has completed 20 hours of classroom training and 20 hours of training by a domestic abuse advocate to become a guardian ad litem. It provides that a statewide organization advocating for survivors of domestic violence must offer this training. It is scheduled for hearing next Wednesday in the House Judiciary Committee and Family Law Subcommittee.  
Home warranty. House Bill 3499 (Manley, D-Romeoville) provides that a director, officer, member, manager, general partner, or person dissociated as a general partner of a business entity remains liable to a home buyer after dissolution of the entity for any obligation arising under a warranty for the sale of a new home. It amends the Business Corporation Act of 1983, the Limited Liability Company Act, and the Uniform Limited Partnership Act (2001). It is scheduled for hearing next Wednesday in the House Judiciary Committee. 

FOIA. Senate Bill 1929 (Curran, R-Woodridge) exempts from inspection and copying interagency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the agency. It provides that the exemption does not apply to a record created 25 years or more before the date on which the record is requested. It is scheduled for hearing next Tuesday in the Senate Judiciary Committee. 

BAIID and DUIs. House Bill 3403 (Villa, D-Batavia) mandates that the Secretary of State require the use of ignition interlock devices for a period not less than five years on all vehicles owned by a person who has been convicted of a first (rather than second or subsequent) offense for driving under the influence. It is scheduled for hearing next Wednesday in the House Transportation Committee. 

Judicial review and permitting decisions. House Bill 2839 (Gong-Gershowitz, D-Glenview) amends the Code of Civil Procedure to provide that unless the action is governed by the procedures or provisions of another statute, a person suffering legal wrong because of a final administrative decision, or adversely affected or aggrieved by a final administrative decision, is entitled to judicial review of the final administrative decision to the same extent, with the same rights and the same responsibilities, as a person who is a party.

The only exception is if there was a previous public hearing at which the person failed to present his or her position. To the extent necessary, the person may provide new or additional evidence to the court for the limited purpose of demonstrating the legal wrong or adverse effect or impairment that he or she has experienced or may experience as a result of the final administrative decision.

These new provisions are limited to final administrative permitting decisions made by the Department of Agriculture, Environmental Protection Agency, Department of Natural Resources, Department of Public Health, or Department of Transportation that impact the public trust in the waters and lands of this state, state parks or natural areas, threatened or endangered species, surface or ground water quality, air quality, or other matters affecting the right to a healthful environment under the Illinois Constitution. 

For purposes of this Section, “adversely affected or aggrieved” means a plaintiff demonstrates: (1) an injury-in-fact that is concrete and particularized, actual, and imminent; (2) a causal connection between the plaintiff’s injury and the defendant’s conduct; and (3) a likelihood that a decision in the plaintiff's favor would redress the injury. House Bill 2839 is scheduled for hearing next Wednesday in the House Judiciary Committee. 

Condominium Property Act. 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 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 unit members at a meeting duly called for such a purpose or upon such greater vote as may be required by the declaration or bylaws. 

It 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.

House Bill 1466 is limited to associations with 20 units or less. It is scheduled for hearing next Thursday in the House Revenue and Finance Committee. 

Condominium Property Act. House Bill 3416 (Andrade, D-Chicago) prohibits a community association manager who provides community association management services from entering into any agreement for payment or commission with any person, corporation, party, partnership, or other entity that provides goods or services to the association without first giving prior written disclosure to the board of managers. It is assigned to the House Judiciary Committee. 

Statutory summary suspension. House Bill 2200 (D’Amico, D-Chicago) provides that a court order rescinding a statutory summary suspension or revocation must contain a factual basis for rescission. If it does not, the Secretary of State must return the order to the court, and the court is prohibited from rescinding the statutory summary suspension until the secretary receives a court order with this factual basis. It passed out of the House Transportation Committee and is on second reading in the House.