ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers Senate Bill 3792 (Mechanics Lien Act), Senate Bill 3773 (FOIA), House Bill 5823 (Heath Care Services Lien Act), Senate Bill 3810 (Uniform Assignment of Rents Act) and Senate Bill 2894 (Probate fees). More information on each bill is available below the video.

Mechanics Lien Act. Senate Bill 3792 (Althoff, R-Crystal Lake) requires work to be done or materials furnished within three years for owner-occupied residential property and five years for any other kind of property. Senate Bill 3792 is to repeal January 1, 2016, and the law reverts to three years for all property. On second reading in the Senate.

FOIA. Senate Bill 3773 (Sandoval, D-Chicago) amends the Freedom of Information Act to expand the definition of "public body" to include not-for-profit organizations that receive State funding. Held in Senate Executive Committee but deadline extended for passage out of committee.

Health Care Services Lien Act (Thapedi, D-Chicago) House Bill 5823 makes four changes to the Health Care Services Lien Act. (1) Limits the lien of a health care provider to the rates established by the health insurance plan or public funds that are available to pay the medical bills. (2) Proportionately reduces subrogation claims or liens for medical expenses in the same proportion that the claimant’s recovery is reduced because of comparative fault or uncollectability of the full value of the full claim because of limited liability insurance or from any other cause. (3) Requires a lienholder to bear the pro rata share of the claimant’s attorney’s fees and litigation expenses for collecting the health-care provider’s lien and be barred from suing the patient for the unpaid balance. (4) Allows petitions to adjudicate rights under this Act to be served on interested adverse parties by personal service, substitute service, or registered or certified mail. House Bill 5823 has passed out of House Judiciary Committee I and is on second reading.

Uniform Assignment of Rents Act. Senate Bill 3810 (Mulroe, D-Chicago) provides for the creation, perfection, priority, and enforcement of a security interest in rents. Includes provisions concerning: assignments of rents; appointment of a receiver; enforcement by notices; and coordination with the Uniform Commercial Code. On second reading in the Senate.

Probate fees. Senate Bill 2894 (Silverstein, D-Chicago) creates new fees on probating estates or filing proof of claims to fund the Guardianship and Advocacy Commission, a state agency. It is on second reading in the Senate. An identical bill is House Bill 4985 (Feigenholtz, D-Chicago), which is on second reading in the House