ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers House Bill 5221 (Child-support enforcement), House Bill 4665 (Residential construction and radon), House Bill 5314 (Security deposit and email), Senate Bill 1691 (Business law cleanup) and HJRCA 49 (Constitutional amendment for pension increase).  More information on each bill is available below the video.

Child-support enforcement. House Bill 5221 (Pritchard, R-Sycamore; Silverstein, D-Chicago) does three things in the Income-Withholding for Support Act. (1) Requires that an action to collect a penalty from a payor may not be brought more than one year after the date of the payor's alleged failure to withhold or pay income. (2) Requires that the obligee must give written notice of the non-receipt of payment to the payor by certified mail with return receipt requested. Within 14 days of receipt by the payor the payor either (i) notify the obligee of the reason for the non-receipt of payment or (ii) make the required payment, together with interest at the rate of 9% calculated from the date on which the payment of income should have been made. If a payor fails to comply with this provision, the payor is subject to the $100 per day penalty provided under the Act. (3) Caps the total penalty for one occasion at $10,000 for a payor’s failure to withhold or pay to the SDU an amount designated in the income-withholding notice. Passed both chambers.

Residential construction and radon. House Bill 4665 (McAsey, D-Lockport; Collins, D-Chicago) creates the Radon Resistant Construction Act. It requires all new residential construction include passive radon resistant construction. “New residential construction” is any original construction of a single-family home or a dwelling containing two or fewer apartments, condominiums, or townhouse. “Passive radon resistant construction” includes an installed pipe that relies solely on the convective flow of air upward for soil-gas depressurization and may consist of multiple pipes routed through conditioned space from below the foundation to above the roof. Passed both chambers.

Security deposit and email. House Bill 5314 (Barickman, R-Champaign; LaHood, R-Peoria) amends the Security Deposit Return Act to allow a lessor of five or more units to send an itemized statement of damage and repair costs to the lessee by electronic mail to a verified electronic mail address provided by the lessee. Passed both chambers.

Business law cleanup. Senate Bill 1691 (Silverstein, D-Chicago; Mautino, D-Spring Valley) is a cleanup of the statutes that authorize organizing as a business entity under Illinois law. (1) It provides consistency between the various business entity acts by authorizing filings previously missing from the Acts, particularly the Uniform Partnership Act and Uniform Limited Partnership Act and by standardizing the filing fees. (2) Allows for electronic filing of documents and reports. (3) Establishes procedures for reinstatement of limited liability partnership status. (4) Provides the manner for resignation as agent for service of process and the method of service. (5) Revises the manner by which administrative dissolution, revocation, and reinstatement is accomplished. Passed both chambers.

Constitutional amendment for pension increase. HJRCA 49 (Madigan, D-Chicago; Cullerton, D-Chicago) will be on the ballot this November for Illinois citizens to approve or reject. It requires a supermajority vote (3/5ths) of each chamber of the General Assembly to pass any bill that provides a “benefit increase” under any pension or retirement system of the State, unit of local government, or school district. It also requires a 2/3rd vote of each chamber to override a gubernatorial veto of a benefit increase.