ISBA Statehouse Review for the week of July 26, 2016
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Property crimes Public Act 99-631, FOIA Public Act 99-586, Creates the Local Government Travel Expense Control Act Public Act 99-604, Common Interest Community Association Act Public Act 99-627, Omnibus Juvenile justice changes Public Act 99-628, Cell site simulator device Public Act 99-622, Short-term guardian Public Act 99-599, Land Trust Beneficiary Rights Act Public Act 99-609 and Common Interest Community Association Act and the Condominium Property Act. Public Act 99-612.
More information on each bill is available below the video.
Property crimes. Public Act 99-631 (Stadelman, D-Rockford; Wallace, D-Rockford) increases the threshold amount for damage to property that is used to enhance a misdemeanor to a felony or to enhance it to a higher class of felony. Currently, it must exceed $300; this bill requires that it must exceed $500. Effective January 1, 2017.
FOIA. Public Act 99-586 (Bryant, R-Mt. Vernon; Radogno, R-Lemont) provides that a requester that files an action seeking to enforce a binding opinion will have a rebuttable presumption that the public body willfully and intentionally failed to comply with this Act if: the attorney general issues a binding opinion under § 9.5 and the public body does not file for administrative review nor comply with it within 35 days after the binding opinion is served on the public body. This presumption may be rebutted by the public body showing that it is making a good-faith effort to comply with the binding opinion, but the compliance was not possible within the 35-day time frame. This section applies to binding opinions of the attorney general requested or issued on or after January 1, 2017.
It also allows the court to impose an additional penalty of up to $1,000 for each day the violation continues if: the public body fails to comply with the court’s order after 30 days; the court’s order is not appealed or stayed; and the court does not grant the public body additional time to comply with a court order to disclose public records. Changes apply to actions filed on or after January 1, 2017.
Creates the Local Government Travel Expense Control Act. Public Act 99-604 (McSweeney, R-Cary; Tom Cullerton, D-Villa Park) requires that school districts, community colleges, and non-home rule units of local government regulate travel, meal, and lodging expenses of officers and employees and members of their governing boards. Prohibits reimbursing entertainment expenses. The ordinance or resolution must include: (1) the types of official business for which travel, meal, and lodging expenses are allowable; (2) maximum allowable reimbursement for those expenses; and (3) a standardized form for submission of those expenses. Requires that the governing board or corporate authority must approve by a roll call vote at an open meeting any expenses of a member of the governing board and expenses of officers and employees over the maximum amount. The submitted documents are public records under the FOIA Act. Effective January 1, 2017.
Common Interest Community Association Act. Public Act 99-627 (Haine, D-Alton; Beiser, D-Alton) allows an association to correct an error, omission, or inconsistency in the community instruments of the association by an amendment adopted by vote of two-thirds of the board of directors without a membership vote. This applies to correct an omission, error, or inconsistency so that the community instruments conform to the Act or to another applicable law. Effective January 1, 2017.
Omnibus Juvenile justice changes. Public Act 99-628 (Raoul, D-Chicago; Nekritz, D-Buffalo Grove) makes numerous changes to juvenile justice law and post-conviction procedures (“aftercare release”). Among those changes, it prohibits minors from being admitted to the Department of Juvenile Justice unless they are found guilty of a felony or first-degree murder. Exempts from felony incarceration the following crimes: criminal trespass to a residence, criminal damage or defacement to property, disorderly conduct, or obstructing justice. Creates 28 mandatory conditions of aftercare release and numerous discretionary conditions that may be imposed. Effective January 1, 2017.
Cell site simulator device. Public Act 99-622 (Biss, D-Skokie; Williams, D-Chicago) creates the Citizen Privacy Protection Act to regulate the use of “stingrays” that simulate a cell site tower to trick cell phones into using them. This bill prevents law enforcement from using stingrays unless they get a court order based on probable cause and may only be used for to locate or track the location of a communications device. Effective January 1, 2017.
Short-term guardian. Public Act 99-599 (Bellock, R-Westmont; Althoff, R-McHenry) allows a parent or guardian who is serving in the armed forces and on active duty to appoint a short-term guardian for more than 365 days. This appointment may not exceed the period of active duty service plus 30 days. Effective January 1, 2017.
Land Trust Beneficiary Rights Act. Public Act 99-609 (Williams, D-Chicago; Hastings, D-Matteson) provides that the rights of a beneficial owner may not be impaired in any way by the change of trustees if the identity of the trustee of a land trust has been changed by virtue of sale, assignment, appointment, or otherwise, but the beneficial owner or owners of the land trust remain unchanged. Provides that a change of trustees by a sale, acquisition, or appointment governed by the Corporate Fiduciaries Act is not a bar or defense to any court action filed by or in the name of either the previous trustee or the new trustee, regardless of whether the court action was originally filed in a representative capacity on behalf of the beneficial owner or owners. Effective January 1, 2017.
Common Interest Community Association Act and the Condominium Property Act. Public Act 99-612 (Cassidy, D-Chicago; Mulroe, D-Chicago) redefines “acceptable technological means” to mean any generally available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability. Allows acceptable technological means to be used to conduct association business such as a notice required to be sent or received; signature, vote, consent, or approval required to be obtained; and the performance of obligations or exercise of rights. It does not apply to any notices required under the Forcible Entry and Detainer Article or in connection with foreclosure proceedings in enforcement of any lien rights under the Acts. Effective January 1, 2017.