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Statehouse Review

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Open Meetings Act (House Bill 175), Open Meetings Act (House Bill 1498), County budgets (House Bill 2474), Elder abuse (House Bill 1588), Citation to discover assets (Senate Bill 1308), Collection of fines and penalties (Senate Bill 86), Juvenile sentencing (House Bill 2471) and Child-support fines (House Bill 3683). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Uniform Interstate Depositions and Discovery Act (Senate Bill 45), Mechanics Lien Act (House Bill 2635), Consular notification of foreign nationals (House Bill 1337), Condominium Property Act (House Bill 2644), Boundary-line agreements (House Bill 2744) and Municipal Code violations (House Bill 2745). More information on each bill is available below the video.

Uniform Interstate Depositions and Discovery Act. Senate Bill 45 (Barickman, R-Bloomington; Andersson, R-Geneva) simplifies the procedures to take the deposition of an Illinois person who is subpoenaed for discovery purposes from an out-of-state court. The Act creates establishes a simple, clerical procedure in which a subpoena from an out-of-state court is reissued as a discovery subpoena in Illinois. Passed both chambers.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Service tax white paper, Property fraud alert system (House Bill 3672), The Parentage Act (House Bill 1531), Lifetime revocation issue (House Bill 1446) and Court security fee (Senate Bill 804). More information on each bill is available below the video.

Service tax white paper. The Taxpayers Federation of Illinois and the Center for Tax and Budget Accountability issued an issue brief on a service tax for Illinois at a press conference in Springfield yesterday. It recommends that the majority of professional services should be excluded from the Illinois sales tax base. Attorneys were not included in this proposed tax base. From the brief:

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers IMDMA Rewrite (Senate Bill 57), The Parentage Act (House Bill 1531), Mortgage Foreclosure (Senate Bill 735), Decriminalization of cannabis (House Bill 218), Mechanics Lien Act (House Bill 2635), Disabled adults (Senate Bill 90), Guilty pleas (House Bill 2569), New criminal law procedures (House Bill 1121), Health Care Power of Attorney (Senate Bill 159) and Lifetime revocation issue (House Bill 1446). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers IMDMA Rewrite (Senate Bill 57), The Parentage Act (House Bill 1531), The Uniform Interstate Depositions and Discovery Act (Senate Bill 45), The Security Deposit Interest Act (House Bill 1319), Mortgage Foreclosure (Senate Bill 735), Condominium Property Act (House Bill 2641), Common Interest Community Association Act (House Bill 2642), Condominium Property Act (House Bill 2643) and Condominium Property Act (House Bill 2644). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Decriminalization of cannabis (House Bill 218), Per se cannabis-DUIs (House Bill 2555), Mechanics Lien Act (House Bill 2635), Disabled adults (Senate Bill 90), Guilty pleas (House Bill 2569), New criminal law procedures (House Bill 1121) and Health Care Power of Attorney. (Senate Bill 159). More information on each bill is available below the video.

Decriminalization of cannabis. House Bill 218 (Cassidy, D-Chicago) imposes a fine of no more than $125 for possession of 15 grams or less of cannabis. (2) Makes Manufacturing Butane Hash Oil (BHO) a Class 2 felony. (3) Establishes a per se standard for Cannabis-DUI of 15 nano/decil of blood or 25 nano/decil of saliva in system. (4) Allows for alternative ways to test for cannabis DUI using “any bodily substance” (including saliva) for testing—this is an expansion from current law of breath, blood, and urine. (5) Keeps juvenile ordinance and civil violation dispositions confidential to reflect the intent of the Juvenile Court Act and limit collateral damage to minors. (6) Provides for part of the fine to defray costs to go to the circuit clerk, local law enforcement, and local state’s attorneys and to the appellate prosecutor for training and local drug treatment. To be voted on in the House today.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Real estate claims in Cook County (Senate Bill 1487), Medical records’ fees (House Bill 3845), Foreign Language Court Interpreter Act (House Bill 3620) and Drug Court Treatment Act (Senate Bill 727) and (Senate Bill 844). More information on each bill is available below the video.

Real estate claims in Cook County. Senate Bill 1487 (Cunningham, D-Chicago) authorizes the Cook County Recorder of Deeds to establish a three-year pilot program that permits documents to be recorded against a property in foreclosure by judicial order only. It requires a judge to issue an order barring any “nonrecord claimants” from recording an interest on the foreclosed property without approval of the court. The order shall expire on the date the court confirms the judicial sale of the property under the judgment of foreclosure.

If a court order has been recorded under this section, a non-record claimant may not record a document regarding the foreclosed property the subject of the foreclosure action without a certified court order. A unit of local government is not required to obtain a certified court order under this subsection to record a document that is subject of a foreclosure action. Nor does it apply to a bank or financial institution that recorded the lis pendens notice of foreclosure. On third reading in the Senate.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Presumptions in probate (Senate Bill 90), Guardianships for minors (Senate Bill 786), Temporary guardianships (House Bill 2505), Unfounded reports (Senate Bill 1335), Uniform Fiduciary Access to Digital Assets Act (House Bill 4131) and Presumptively Void Transfers (House Bill 3325). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Court reporters, Attorney fees in civil actions (House Bill 2456), Product liability and confidentiality orders (House Bill 3518), Property fraud alert system (House Bill 3672), Guilty pleas (House Bill 2569) and The Notice and Opportunity to Repair Act (House Bill 3744). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Wills deposited with county recorders (Senate Bill 1596), Insured’s Independent Counsel Act (Senate Bill 1296), Guilty pleas (House Bill 2569), Administrative Review Law (Senate Bill 1447), Wrongful Death Act (House Bill 2713) and Amends the Consumer Fraud and Deceptive Business Practices Act (House Bill 2691). More information on each bill is available below the video

Wills deposited with county recorders. Senate Bill 1596 (Kotowski, D-Park Ridge) amends the Counties Code to allow a county recorder to implement a county will depository. If the recorder does create a depository, it must also provide a form affidavit for a depositor of a will to file with the deposited will. States the requirements of the form affidavit. Provides for the duties of the county recorders for acceptance of wills, storage of wills, release of wills, and destruction of wills. Provides for different fees the county recorder may charge. Scheduled for hearing next Tuesday in Senate Judiciary Committee.