ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers House Bill 5434 (Post-judgement collection of debts), House Bill 3972 (Cell phones and driving), House Bill 3636 (Mechanics' Lien Act), House Bill 5823 (Health Care Services Lien Act). More information on each bill is available below the video.
Post-judgment collection of debts. House Bill 5434 (Williams, D-Chicago; Haine, D- Alton) makes four changes to citations and body attachments. (1) Requires a citation to be served by personal service or abode service as provided in Supreme Court Rule 105 and include a copy of the statutory Income and Asset Form created by this bill. (2) Prohibits a payment order from being issued against a person unless the form was served on the debtor, the debtor has an opportunity to assert exemptions, and the payments are from non-exempt sources. (3) If the court determines that the debtor does not possess any non-exempt income or assets, then the citation must be dismissed. (4) No order of body attachment or other civil order for the incarceration may be issued for a respondent on a charge of indirect civil contempt unless the respondent has first had an opportunity to appear in court to answer after personal service or abode service of notice as provided in Section 2-203.
Senate Amendment No. 3 exempts these provisions if enforcement is for an order or judgment of a municipal ordinance violation.
Cell phones and driving. House Bill 3972 (D’Amico, D-Chicago; Mulroe, D-Chicago) bans using a cell phone while driving with exceptions for hands-free or voice-operated mode, which may include the use of a headset or using a communication device that may be initiated or terminated by pressing a single button.
Mechanics’ Lien Act. House Bill 3636 (Burke, D-Oak Lawn; Mulroe, D-Chicago) reverses the impact of the LaSalle Bank National Association v. Cypress Creek case that affected the priority of lien claimants (lenders and contractors).
Health Care Services Lien Act. House Bill 5823 (Thapedi, D-Chicago; Mulroe, D-Chicago) does three things to this Act. (1) Proportionately reduces subrogation claims or other claims of right of reimbursement 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. (2) Requires a party asserting a subrogation claim or other right of reimbursement to bear the pro rata share of the claimant’s attorney’s fees and litigation expenses. (3) 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 exempts any lienholder under this Act including licensed long-term facilities.
