Civil Procedure Legislation - Illinois

REGULATION-TECH Amends the Public Utilities Act. Makes a technical change in a Section concerning the reading of meters. House Amendment No. 1 Deletes reference to: 220 ILCS 5/8-302Adds reference to: 220 ILCS 5/16-131 new Replaces everything after the enacting clause. Amends the Electric Service Customer Choice and Rate Relief Law of 1997 in the Public Utilities Act. Provides that the Illinois Commerce Commission shall implement and maintain a consumer education program for energy [...]

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CIV PRO-SUPPLEMENTAL PROCEED Amends the Code of Civil Procedure. Provides that a judgment creditor may recover a corporate judgment debtor’s property for the creditor’s use. Provides that a debtor may be compelled to resign memberships in exchanges, clubs, or other entities. Provides that a judgment debtor’s property that is not amenable to a sheriff’s sale may be sold by other means. Provides property held by a third party that is determined to be wages is subject to a wage deduction. Provides recoverable costs include the cost of levy and replevin bonds. Provides that a federal judgment entered in Illinois shall be afforded recognition as if it were a circuit court judgment. Provides that wages subject to collection shall be (at present, shall not exceed) the lesser of 15% of the gross amount paid or the amount by which the disposable earnings exceed 45 times the federal minimum hourly wage. Provides that if an employer ceases to remit funds under a wage deduction order [...]

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ELEVATOR SAFETY-REMOVE DESIGN Amends the Elevator Safety and Regulation Act. Removes certain references to the design of elevators and related apparatuses. Provides that an applicant for an elevator mechanic's license who makes application by demonstrating to the Office of the State Fire Marshal acceptable proof that he or she has worked as an elevator constructor, maintenance, or repair person for the equipment that a licensee of the Act is authorized to install must make application to the Office by December 31, 2007 (rather than May 1, 2006), but that all licenses issued under those terms between May 1, 2006 and the effective date of the amendatory Act are deemed valid. Adds one representative of the senior citizen population who is appointed by the Governor to the Elevator Safety Review Board. Effective immediately. House Amendment No. 1 Deletes reference to:

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PROP TX-TAX DEEDS Amends the Property Tax Code. Provides that relief from an order for a tax deed may be had under certain provisions of the Code of Civil Procedure concerning motions after judgment in nonjury cases. Provides that notice of the expiration of the period of redemption must be served upon certain owners and parties interested in the property in the manner set forth under certain provisions of the Code of Civil Procedure (now, personal service). Requires the court to enter orders to place the tax-deed grantee's successor in interest in possession of the property and authorizes the court to grant other relief to maintain the successor in interest in possession. Provides that the notice of the expiration of the period of redemption may not be served more than 6 months (now, 5 months) before the expiration of the period of redemption. Provides that the changes concerning post-judgment motions and the changes concerning the possession by the tax-deed grantee's successor [...]

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CIV PRO-COPY MED RECORDS Amends the Code of Civil Procedure. Provides that the exceptions to the physician-patient privilege against disclosure of information are expanded with a new class of exceptions (at present, there are 11 other exceptions) for information sought by subpoenas under the Medical Practice Act of 1987, the Illinois Dental Practice Act or the Nursing Home Administrators Licensing and Disciplinary Act. Provides that records of a health care facility shall be made available for examination or copying to the patient or the patient's legally authorized representative, his or her healthcare practitioner (at present, physician), authorized attorney, or any person, entity, or organization that presents a valid authorization for the release of records signed by the patient or the patient's legally authorized representative. Provides that a patient's records maintained by a health care practitioner shall be available to any person, entity, or organization presenting [...]

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CIV PRO-FORECLOSE VOL DISMISS Amends the Code of Civil Procedure. Provides that when a plaintiff voluntarily dismisses a mortgage foreclosure action after a court found that a condominium or community association or another entity has a judgment against the defendant that is junior to the judgment entered in favor of the plaintiff, the plaintiff's voluntary dismissal of the foreclosure action shall not apply to the judgment that is junior to the plaintiff's judgment. House Amendment No. 3 Deletes reference to: 735 ILCS 5/15-1506.1 newAdds reference to: 735 ILCS [...]

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CIV PRO-CLASS ACTION-RESIDUAL Amends the Code of Civil Procedure. Provides that, in a class action, residual funds remaining in a common fund shall be distributed to one or more nonprofit charitable organizations that have a principal purpose of promoting or providing access to justice for low income residents, except that up to 50% of the residual funds may be distributed to one or more other nonprofit charitable organizations that the court approves as part of a settlement if the court finds there is good cause to do so. Provides that the new provisions shall not be construed to prevent a court, in a class action that does not create a common fund, from approving distributions to nonprofit charitable organizations that promote or provide access to justice for low income residents of the State of Illinois. Provides that the new provisions do not apply to any class action against a public entity or a public employee. Effective January 1, 2008. Senate Committee Amendment [...]

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CIV PRO/TREAS-COLLEGE SAVINGS Amends the State Treasurer Act to provide that moneys held in an account invested in the Illinois College Savings Pool shall be exempt from all claims of the creditors of the participant, donor, or designated beneficiary of that account, except for non-exempt College Savings Pool transfers to or from the account. Defines "participant" and "donor". Amends the Code of Civil Procedure. Provides that moneys held in an account invested in the Illinois College Savings Pool of which the debtor is a participant or donor is personal property that is exempt from judgment, attachment, or distress from rent except for: (i) contributions to the account made with the intent to hinder, delay, or defraud any creditor, (ii) certain contributions to the account made during the 365 day period prior to the date of the debtor filing for bankruptcy in excess of the annual gift tax exclusion; or (iii) certain contributions to the account made during the 730 to 366 day [...]

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CIV PRO-SUBPNA-SCHOOL EMPLOYEE Amends the Code of Civil Procedure. Provides that a party seeking to subpoena a public school employee to testify during school hours must obtain a court order. Provides that the order shall provide that the party tender, in addition to the required witness and mileage fee, a fee to the school district to pay the substitute teacher or other temporary staff employed during the witness's absence and consult with the school district to schedule the appearance to minimize disruption of the educational program. Provides that any subpoena of a public school employee that does not meet these requirements is void as a matter of law. Provides that if a conflict arises over the fees for a subpoenaed public school employee, the court shall determine the fee. Effective immediately. House Amendment No. 1 Further amends the Code of Civil Procedure. Provides that a party seeking to subpoena a public school employee to testify during school hours [...]

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CIVIL LAW-TECH Amends the Code of Civil Procedure. Makes a technical change in a Section concerning construction of the Code. Senate Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/1-106Adds reference to: 735 ILCS 5/15-1701from Ch. 110, par. 15-1701 Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Provides that in a mortgage foreclosure proceeding, where a timely written notice concerning rent payment was not given to the tenant, or where [...]

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CIVIL LAW-TECH Amends the Code of Civil Procedure. Makes a technical change in a Section concerning enforcement of the Code. Senate Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/1-105Adds reference to: 735 ILCS 5/2-209from Ch. 110, par. 2-209735 ILCS 5/12-621from Ch. 110, par. 12-621 Deletes everything after [...]

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