ISBA Statehouse Review for the week of Feb. 16

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers House Bill 4676 (consumer contracts), House Bill 4665 (radon and home construction), Senate Bill 3757 (admissibility of photographs), House Bill 5198 (contractual litigation) and Senate Bill 2953 (conveyances act). More information on each bill is available below the video.

Consumer contracts. House Bill 4676 (Golar, D-Chicago) voids consumer adhesion contracts as a matter of public policy and creates a private right of action for consumers whose rights are violated. Authorizes recovery of actual and statutory damages in addition to attorney's fees and costs. Scheduled for hearing next Wednesday in House Judiciary Committee I.

Radon and home construction. House Bill 4665 (McAsey, D-Lockport) amends the Illinois Residential Building Code Act. It requires that a contract to build a home must contain a provision requiring that a “radon mitigation system” be included in the construction. "Radon mitigation system" means components and measures designed to permanently reduce or eliminate indoor radon concentrations according to procedures described in 32 Illinois Administrative code Part 422. Scheduled for hearing next Wednesday in House Judiciary Committee I.

Admissibility of photographs. Senate Bill 3757 (Munoz, D-Chicago) amends the Code of Civil Procedure for admissibility of photographs in an action concerning a motor-vehicle accident in which personal injury or property damage is in issue. Makes it relevant and admissible into evidence of a photograph of a motor vehicle or other property if authenticated by a lay or occurrence witness with personal knowledge that the photograph accurately portrays the vehicle or property as it appeared before or after the accident. Makes it unnecessary for an expert or opinion witness to testify about the photograph's relevance or any correlation between the vehicular or property damage and the claimed injury that may have been caused by the incident that caused the property damage. Just introduced and referred to the Senate Committee on Assignments for a referral to a substantive committee.

Contractual litigation. House Bill 5198 (Biss, D-Skokie) allows a court to award reasonable attorney's fees to the defendant if the defendant prevails in an action to enforce a contract if the contract allows for the recovery of attorney's fees to enforce the contract. Introduced and assigned to House Rules Committee for referral to a substantive committee.

Conveyances Act. Senate Bill 2953 (Althoff, R-Crystal Lake) changes the provisions concerning the effect of recording deeds, mortgages, and other instruments. Provides that those provisions also apply to the recording of assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, memoranda of judgment, and other instruments in writing that affect interests in real property. Provides that these deeds and title papers are void until recorded (instead of void until recorded as to creditors and subsequent purchasers). Introduced and assigned to the Senate Assignment Committee for referral to a substantive committee.