Legislation (2015-2016)


Bill:  CIV PRO-DISCOVERY RESPONDENTS HB 96

Sponsor: Rep. Andr√© M. Thapedi

Status:  

Position:  

Description:  Amends the Civil Practice Law of the Code of Civil Procedure. In provisions requiring persons or entities named as respondents in discovery to respond to discovery in the same manner as defendants, adds language providing that discovery includes a request for admission of facts or of genuineness of documents. Provides that respondents in discovery may, on motion of the plaintiff, be added as defendants if a preponderance of the evidence discloses cause for such action (instead of "if the evidence discloses the existence of probable cause for such action"). Makes corresponding changes in the statutory summons to a respondent in discovery.


Bill:  COURT CLERKS-CHANGE OF ADDRESS HB 304 

Sponsor:  Rep. Dan Brady

Status:  

Position:  

Description:  Amends the Clerks of Courts Act. Provides that with regard to any notification required by law to be made by the circuit clerk to a party, the circuit clerk may reasonably rely upon any notice of the party's change of address received from the United States Postal Service as a true and correct statement of the party's current residential address.


Bill:  MIN WAGE-$15 PER HOUR HB 124 

Sponsors:  Rep. Mary E. Flowers and Pamela Reaves-Harris

Status:  

Position:  

Description:   Amends the Minimum Wage Law. Increases the minimum wage to $15 per hour on October 1, 2015. Effective immediately.


Bill:  CONDO ASSESSMNT-NONPAYMNT-LIEN HB 486

Sponsors:  Rep. Kelly M. Cassidy and Ann Williams

Status:  

Position:  

Description: Amends the Condominium Property Act. Defines "regular monthly assessments". Provides that following a foreclosure sale, consent foreclosure, common law strict foreclosure, or the delivery of a deed in lieu of foreclosure, the mortgagee shall have the duty to pay to the association all moneys due to satisfy the lien held by the association, except for the 9 months of unpaid regular monthly assessments and associated attorney's fees which may be collected from the purchaser. Provides that the amount due may include any attorney's fees and court costs, but may not exceed 9 months of regular assessments due over the same 9-month period. Deletes language providing that the purchaser shall have the duty to pay the proportionate share, if any, of the common expenses for the unit which would have become due in the absence of any assessment acceleration for the 6 months immediately preceding the institution of an action to enforce the collection of assessments, and which remain unpaid. Deletes language providing that if the outstanding assessments are paid at any time during an action to enforce the collection of assessments, the purchaser shall have no obligation to pay any assessments which accrued before he or she acquired title. Provides that the notice of a foreclosure sale of a condominium unit shall state that a purchaser, other than a mortgagee, shall pay to the association any unpaid monthly assessments for the 9-month period preceding the sale, including attorney's fees and court costs. Provides that each notice of a judicial sale a condominium unit and each disclosure statement issued to a prospective purchaser shall list the required fees. Provides that in certain situations, the Board of Managers (instead of the owner) of a condominium unit must make specified information available within 21 days of the request if the association is self-managed, and within 14 days if managed by a community association management firm or a community association manager as those terms are defined in the Community Association Manager Licensing and Disciplinary Act (instead of "upon demand") and may do so either electronically or in writing. Makes other changes. Effective immediately.


Bill:  CIV PRO-FEES-PREVAILING PARTY   HB 2456

Sponsor:  Rep. Dwight Kay

Status:  

Position:  

Description:  Amends the Code of Civil Procedure. Authorizes the Illinois Supreme Court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions in which the amount in controversy is more than $10,000 but does not exceed $100,000. Provides that, if a limitation period that applies to a plaintiff's cause of action has expired, then a defendant may not, after the expiration of that period, designate a third-party defendant with respect to that cause of action. Provides that, if a circuit court grants or denies, in whole or in part, a motion to dismiss due to the absence of a basis in law or fact for the action, then the court may award costs and reasonable and necessary attorney's fees to the prevailing party in amounts that the court determines are equitable and just. Authorizes reasonable deposition fees to be recovered as costs.


Bill:  JUDGMENT DEBTORS-VARIOUS  HB 2584

Sponsors:  Rep. Emanuel Chris WelchKelly M. CassidyEsther GolarLaura FineDaniel J. Burke and Robert F. Martwick

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Position:  

Description:  Amends the Code of Civil Procedure. Makes changes in Sections governing: interest on judgments; supplementary proceedings; wages subject to collection; summons and issuance for proceedings relating to wage collection orders; employer duties; and personal property exempt from judgment. Adds a Section providing for the upward adjustment of exempted amounts in specified situations. Amends the Illinois Wage Assignment Act. Provides that no assignment of wages earned or to be earned is valid. Repeals the remainder of the substance of the Act. Makes a corresponding change in the Illinois Wage Payment and Collection Act. Effective immediately.


Bill:  CITIZEN PARTICIPATION ACT  HB 3089 

Sponsors:  Rep. Peter BreenSteven Andersson

Status:  

Position:  

Description:  Amends the Citizen Participation Act. Makes changes in the Section concerning public policy. Changes the definition of "motion". Provides that the Act applies to a motion that is made in response to a claim that is meritless and retaliatory. Provides that a claim is meritless if it lacks an essential element of the claim or fails against a reasonably foreseeable affirmative defense to that claim. Provides that a plaintiff's claim is presumed to be retaliatory if the alleged basis for the claim is an act in furtherance of the constitutional rights to petition, speech, association, and participation in government. Provides that a motion under the Act may be made as a motion to dismiss or as a motion for summary judgment or joined with other motions. Makes other changes in the Section concerning motion procedure and standards. Provides that "attorney's fees and costs" include reasonable trial and appellate attorney's fees and costs incurred in connection with a motion under the Act, including, but not limited to, fees and costs for discovery that relates to such a motion.


Bill:  MINIMUM WAGE-INC TX  HB 3345

Sponsors:  Rep. Arthur TurnerEmanuel Chris WelchLitesa E. WallaceSilvana TabaresPamela Reaves-Harris and Elizabeth Hernandez

Status:  

Position:  

Description: Amends the Minimum Wage Law. Increases the minimum wage from $8.25 to $9.00 beginning July 1, 2015 and increases it to $10.00 per hour on and after July 1, 2016. Provides that the establishment of a minimum wage that employers must pay their employees is an exclusive power and function of the State and is a denial and limitation of the home rule powers and functions, except that the limitation on home rule powers does not apply to a municipality with more than 1,000,000 inhabitants. Amends the Illinois Income Tax Act. Creates a credit against the withholding tax liability of employers with fewer than 50 employees in an amount equal to the increased wages paid as a result of the increase in the minimum wage.

Fiscal Note (Dept. of Labor)
This legislation is unlikely to result in the expenditure of additional funds or any increase in revenue due to penalties.

State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
This bill does create a State mandate.


Bill:  MIN WAGE-INCOME TAX CREDIT SB 11

House Sponsors:  Sen. Kimberly A. LightfordJacqueline Y. CollinsToi W. HutchinsonIris Y. MartinezMattie HunterScott M. BennettMichael NolandEmil Jones, III and Don Harmon
House Sponsors: Rep. Arthur TurnerMike SmiddyLitesa E. WallaceWill Guzzardi and Monique D. Davis

Status:  

Position:  

Description: Amends the Minimum Wage Law. Increases the minimum wage from $8.25 to $9.00 beginning July 1, 2015 and increases it by $0.50 each July 1 until July 1, 2019, at which point the minimum wage will be $11.00. Provides that the establishment of a minimum wage that employers must pay their employees is an exclusive power and function of the State and is a denial and limitation of the home rule powers and functions, except that the limitation on home rule powers does not apply to a specified ordinance adopted by the City Council of City of Chicago. Amends the Illinois Income Tax Act. Creates a credit against the withholding tax liability of employers with fewer than 50 employees, calculated based on the increase in the minimum wage. Effective immediately.


Bill:  JUDGMENT DEBTORS-VARIOUS   SB 1248 

Sponsors: Sen. Daniel BissJacqueline Y. CollinsMattie HunterMelinda Bush and Toi W. Hutchinson

Status:  

Position:  

Description:  Amends the Code of Civil Procedure. Makes changes in Sections governing: interest on judgments; supplementary proceedings; wages subject to collection; summons and issuance for proceedings relating to wage collection orders; employer duties; and personal property exempt from judgment. Adds a Section providing for the upward adjustment of exempted amounts in specified situations. Amends the Illinois Wage Assignment Act. Provides that no assignment of wages earned or to be earned is valid. Repeals the remainder of the substance of the Act. Makes a corresponding change in the Illinois Wage Payment and Collection Act. Effective immediately.


Bill:  GARNISH INCOME TAX REFUNDS  SB 1278

Sponsor:  Sen. Ira I. Silverstein

Status:  

Position:  

Description:  Amends the Illinois Income Tax Act. Provides that the Department of Revenue shall garnish a tax refund payable to a judgment debtor and instead remit the refund to the judgment creditor. Adds provisions governing the procedure for garnishment of tax refunds. Directs the Department to adopt rules to implement these provisions. Provides that specified refund withholding requests take priority over a garnishment order. Makes a corresponding change in the Code of Civil Procedure. Effective January 1, 2016.


Bill:  EXECUTIVE DIRECTOR-LATE TERM   SB 1369

Senate Sponsors:  Sen. Iris Y. MartinezPamela J. Althoff
House Sponsor: Rep. Robert Rita

Status:  

Position:  

Description:  Amends the Illinois Governmental Ethics Act. Expands definition of "late term appointee" to include a person who is appointed as a director, executive director, or other similar officer by a board, commission, authority, task force, or other similar group, authorized or created by State law where the Governor appoints one or more members, 90 or fewer days before the end of the then-serving Governor's term, when the then-serving Governor does not succeed himself or herself as Governor. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Senate Committee Amendment No. 1
     Replaces everything after the enacting clause with the introduced bill with the following changes: Defines "late term executive appointee". Provides that late term executive appointees shall serve no longer than 60 days into the term of office of the succeeding Governor. Provides that late term executive appointees may be retained by appointment, contract, or employment after the 60th day only if the public body takes official action at an open meeting of that public body after the succeeding Governor has taken office. Effective immediately.

House Committee Amendment No. 1
     Replaces everything after the enacting clause. Amends the Collection Agency Act. Adds a definition of "collection agency" and "consumer debt" or "consumer credit". In provisions concerning communication with persons other than the debtor, provides that a collection agency communicating with anyone other than the debtor for the purpose of acquiring location information about the debtor shall only identify his or her employer if expressly requested. In provisions concerning the validation of debts, provides that the collection agency will provide a debtor with the name and address of the original creditor upon the debtor's written request within 30 days after receipt of the notice of the debt. Provides that certain provisions apply to collection agencies or debt buyers only when engaged in the collection of consumer debt. Provides that a collection agency or a debt buyer shall not be subject to civil liability for its failure to comply with certain provisions of the Act if the collection agency or the debt buyer can demonstrate compliance with comparable provisions of the federal Fair Debt Collection Practices Act. Effective immediately.


Bill:  RETURN OF SECURITY DEPOSIT SB2333 (Full Text)

Sponsor:  Dave Syverson

Status:  

Position:  

Description:  Amends the Security Deposit Return Act. Provides that certain lessors may not withhold any part of the security deposit without providing, among other things, the paid receipts for the depreciated value of damage if the damage is beyond repair and not replaced. Defines "the date that the lessee vacated the premises" as the date on which the lessee's right to possess and occupy the premises expires, either under provisions of the lease or under other applicable law. Provides that the Section concerning the requirements a lessor must meet in order to withhold part of the security deposit does not apply to a tenancy at sufferance or if a lease has been terminated for cause by the lessor.


Bill: FIRST 2016 GENERAL REVISORY HB 5540

Sponsor: Rep. Barbara Flynn Currie

Status:  

Position:  

Description: Creates the First 2016 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.


Bill:  WAGE ASSIGNMENT-REVOCATION HB 5776 

Sponsor:  Rep. Emanuel Chris Welch

Status:  

Position:  

Description:  Amends the Illinois Wage Assignment Act. Provides that an employee may revoke a wage assignment at any time by submitting written notice that he or she is revoking the wage assignment to the creditor. Makes corresponding changes.


Bill:  ASSET PROTECTION WAIVERS HB 5907 

Sponsor:  Rep. Anthony DeLuca

Status:  

Position:  

Description:  Creates the Guaranteed Asset Protection Waiver Act. Establishes standards to regulate persons offering guaranteed asset protection waivers. Provides for a period of time of at least 30 days from the effective date of the guaranteed asset protection waiver until the date the borrower may cancel the contract without penalty, fees, or costs to the borrower. Amends the Illinois Insurance Code to exempt guaranteed asset protection waivers from regulation as insurance.


Bill:  PROCESS SERVERS-BODY CAMERAS HB 6327

Sponsor:  Rep. La Shawn K. Ford

Status:  

Position:  

Description:  Amends the Civil Practice Law of the Code of Civil Procedure. Provides that in counties with a population of 3,000,000 or more, a special process server shall wear a body camera while serving process. Provides that a special process server shall record all attempts to serve process. Provides that the individual process server or company that employs the process server shall store the video data from the body camera of the attempt or successful service of process until the case in which the service was required has been fully adjudicated. Provides that the custodian of the body camera video data shall make the data available only to the plaintiff or defendant in the case in which service was required, the court, or any law enforcement agency.


Bill:  CIV PRO-SUPP PROCEEDINGS SB 2804

Sponsor:  Sen. Daniel Biss - Iris Y. Martinez - Jacqueline Y. Collins - Kimberly A. LightfordBill Cunningham,Terry LinkMelinda Bush and Heather A. Steans

Status:  

Position:  

Description:  Amends the Illinois Wage Assignment Act. Provides that an employee may revoke a wage assignment at any time by submitting written notice that he or she is revoking the wage assignment to the creditor. Makes corresponding changes.


Bill:  CIV PRO-SUPP PROCEEDINGS SB 2845 

Sponsor:  Sen. Ira I. Silverstein

Status:  

Position:  

Description:  Amends the Code of Civil Procedure. In the Section concerning supplementary proceedings, deletes references to the Income and Asset Form. Provides that a judgment may be revived by filing a petition to revive the judgment, serving the petition, and entering an order for revival (instead of "by filing a petition to revive the judgment") at specified times. Provides that after (instead of "before") the entry of an order for attachment, the court shall take bond that meets specified requirements. Deletes language providing that upon the filing of a release or satisfaction in full satisfaction of judgment, signed by the party in whose favor the judgment was entered or his or her attorney, the court shall vacate the judgment, and dismiss the action. Repeals Sections concerning: levy upon corporate stock; mode of levy on corporate stock; mode of sale of corporate stock; certificate of corporate officer; rights of stock purchaser; and right to dividends.


Bill:  COURT CLERK: E-BUSINESS $7 FEE SB 3162

Sponsor:  Sen. Don Harmon

Status:  

Position:  

Description:  Amends the Clerks of Courts Act. Provides that in specified circumstances, the clerk of the circuit court shall collect an additional $7 e-business fee. Provides that the clerk shall remit the fee to the State Treasurer within one month after receipt for deposit into the Supreme Court Special Purposes Fund. Provides that moneys in the Supreme Court Special Purposes Fund shall, among other things, be used by the Supreme Court for costs associated with electronic filing and other e-business programs and case management systems in the circuit courts. Effective immediately.


Bill:  CIV PRO-BODY ATTACHMENT: BOND SB 3303 

Sponsor:  Sen. Chapin Rose

Status:  

Position:  

Description:  Amends the Code of Civil Procedure. Provides that if the respondent fails to appear on the date the court conducts an inquiry related to the discharge of a bond, the court may proceed with the inquiry and resolve any questions that arise.



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