(Lang, D-Skokie; Link, D-Gurnee) amends the Uniform Disposition of Unclaimed Property Act. It presumes that a United States savings bond is presumed abandoned if the bond has remained unclaimed and unredeemed for five years after its date of final extended maturity. Establishes a procedure by which the State Treasurer may obtain a judicial determination that the bond has escheated to the State. Passed both chambers.
(Moeller, D-Elgin; Bush, D-Grayslake) requires the park owner to give the tenant written notice specifying the reason for any fine that may be imposed on the tenant if the tenant breaches any provision of the lease or park rules. “Fine” does not include any fees that are imposed on a tenant for services or products provided by the park owner to the tenant.
If a fine is imposed on a tenant, the following applies for 45 days after written notice of the fine is delivered to the tenant: (1) non-payment of a fine is not grounds for refusal to accept a rent payment; and (2) the fine may not be deducted from a rent payment. Acceptance of a rent payment may not be construed as a waiver of an unpaid fine. Passed both chambers.
The Access to Justice Act created the Statutory Court Fee Task Force to study the current system of fees, fines, and other court costs and propose recommendations to the Illinois General Assembly and Illinois Supreme Court. Its report may be found at the URL below.
(Silverstein, D-Chicago; Lang, D-Skokie) makes the following changes to supplementary proceedings: (1) Clarifies that a petition to revive a judgment must served and an order entered for a judgment to be revived. (2) Requires the amount of the bond to be posted after an entry of an order of prejudgment attachment against the property of a debtor who may conceal property or flee the state. (3) Makes taxable as court costs of all charges relating to the electronic filing of cases and pleadings. (4) Under current law, a court must vacate a judgment and dismiss the action when a release or full satisfaction for judgment is filed by the prevailing party. This provides that a judge may do so. (5) Eliminates the sheriff’s levy sale of corporate stock as superseded by the Uninform Commercial Code or a citation to discover assets statute. Passed both chambers.
Mulroe, D-Chicago; Lang, D-Skokie) changes the statutory notice of motion for the extension of an order of possession by replacing references to “landlord” with “plaintiff.” Passed both chambers.
(Welch, D-Westchester; Connelly, R-Lisle) creates the Revised Uniform Fiduciary Access to Digital Assets Act (2015). This is a big bill for transactional and estate-planning lawyers, and it has an immediate effective date so that it becomes law if and when the Governor signs it. House Bill 4648 provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Passed both chambers
(Harmon, D-Oak Park; Cassidy, D-Chicago) requires circuit court clerks to collect a $9 “e-business” fee against all civil litigants. Exempts motions for change of venue and appeals from administrative agencies. After January 1, 2022 the law-library filing fee of $21 is reduced to $20 and the children's waiting room fee of $10 is reduced to $8. After January 1, 2022 the ceiling that the county board may not exceed for a civil filing fee is reduced by $6 for all counties. Passed both chambers.
Court properly granted summary judgment against Defendants on claims that they breached a written guaranty as to loan agreements related to property in DuPage County. The claims, although based on same guaranty that provided basis for similar claims against them in Kane County, arose out of separate transactions, res judicata does not apply.(BURKE and HUDSON, concurring.)
Court properly denied Defendant condo unit owner'smotion to quash service. Defendant presented affidavit and other documents challenging service, stating that person who accepted service of forcible eviction and detainer summons and complaint was not a member of household. Process server testified that this person answered the door and identified herself as Defendant's mother and as a member of household. Documents Defendant provided did not definitively show that person served was not Defendant's mother and did not reside at residence. Court's finding was not against manifest weight of evidence. (McLAREN and SPENCER, concurring.)
The implied warranty of habitability may not be extended to a second purchaser of a house when a valid, bargained-for waiver of the warranty was executed between the builder-vendor and the first purchaser. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)