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ISBA Statehouse Review for the week of February 27, 2014

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Court-services fee (House Bill 5453), Mechanics Lien Act (Senate Bill 3023), IMDMA (House Bill 5991), Mortgage Foreclosure (Senate Bill 3104) and Health Care Power of Attorney (Senate Bill 3228). More information on each bill is available below the video.

Court-services fee. House Bill 5453 (Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if the county gets an acceptable cost study prepared that justifies a higher fee. Passed out of House Judiciary Committee this week and is on the House floor awaiting a final vote. Senate Bill 3265 (Haine, D-Alton) is an identical bill.

Mechanics Lien Act. Senate Bill 3023 (Mulroe, D-Chicago) provides that an agreement to subordinate a lien under the Act is against public policy and unenforceable if the agreement is in anticipation of and in consideration for the awarding of a contract or subcontract (either express or implied) to perform work or supply materials for an improvement upon real property. It deletes language providing that certain subordination provisions of contracts is not binding on the subcontractor unless completely set forth in writing in the contract between the contractor and subcontractor or material supplier. Scheduled for a hearing next Tuesday in Judiciary.

IMDMA. House Bill 5991 (Fine, D-Glenview) amends the provisions concerning child support by including in the definition of “child” the following: (1) a child under age 19 who was not attending high school on his or her 18th birthday but has resumed his or her attendance in high school; and (2) a child under age 22 who is attending high school and is receiving special education services under an individualized education program developed under the Children with Disabilities Article of the School Code. In provisions concerning support for non-minor children, it creates a rebuttable presumption if a child meets the eligibility conditions of those provisions if the child is receiving: (1) special education services under an individualized education program developed under the Children with Disabilities Article of the School Code; or (2) transition services from the Department of Human Services in accordance with the Disabled Persons Rehabilitation Act after the child received special education services under an individualized education program developed under the Children with Disabilities Article of the School Code. Scheduled for a hearing next Wednesday in House Judiciary Committee.

Mortgage Foreclosure. Senate Bill 3104 (Connelly, R-Lisle) requires the grantee named in a deed issued in connection with a judicial foreclosure to record the deed with the county recorder in which the real estate is located within 60 days of delivery of the deed. Scheduled for hearing next Tuesday in Senate Judiciary Committee.

Health Care Power of Attorney. Senate Bill 3228 (Haine, D-Alton) is a rewrite of the statutory short form power of attorney for health care and the notice to the individual signing the power of attorney for health care. Defines “health care agent” and deletes the definitions of “incurable or irreversible condition,” “permanent unconsciousness,” and “terminal condition.” Changes the term “health care provider” to “health care provider or health care professional.” Prohibits a person from signing a health care agency as a witness if he or she is under 18 years of age. Provides that nonstatutory health care powers must meet certain criteria. Effective January 1, 2015.

 

Posted on Feb 27, 2014 by Chris Bonjean | Comments (0)
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