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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 The Land Trust Beneficiary Rights Act (House Bill 4697 ), The Mechanics Lien Act (Senate Bill 2450), Product liability (House Bill 5596), Tenants Radon Protection Act (House Bill 4528), Revised Uniform Fiduciary Access to Digital Assets Act (Defines terms. House Bill 4648) and Punitive damages (Senate Bill 2509). More information on each bill is available below the video.

The Land Trust Beneficiary Rights Act. House Bill 4697 (Nekritz, D-Buffalo Grove) 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 pending 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. Referred to House Rules Committee.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Township Code I (Senate Bill 2287), Township Code II (Senate Bill 2288), Township Code III (Senate Bill 2412), The Biometric Information Privacy Act (Senate Bill 2409) and Citation on behalf of estate (Public Act 99-497). More information on each bill is available below the video.

Township Code I. Senate Bill 2287 (Althoff, R-McHenry) requires that a referendum be submitted to the voters after a petition by at least 5% of the registered voters seeking to discontinue and abolish the township’s organization and to transfer all the rights, powers, and responsibilities of the township organization to the county. Applies to a singular township organization within one county. Requires that the township officers of any township that is discontinued continue as officers of that township until the expiration of the respective terms for which they were elected or appointed. Further provides that a county may retain its form of government after all townships have been dissolved. Referred to the Committee on Assignments.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Size of juries (House Bill 4473), Limited Liability Company Act (House Bill 4361), Child support (House Bill 3982), FOIA and law enforcement (Senate Bill 2210) and Sports and concussions (House Bill 4365). More information on each bill is available below the video.

Size of juries. House Bill 4473 (Sandack, R-Downers Grove) repeals current law allowing for a six-person jury in civil matters and also repeals increased witness fees. Introduced in the House.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Perjury (House Bill 4400), New power of attorney section (House Bill 4327), Civil justice changes to bodily injury, death or property damage cases (House Bill 4426), Crime Victims Compensation Act (Senate Bill 2151), Civil justice changes (Senate Bill 2153) and Decriminalization of cannabis (House Bill 4357). 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 Condominium Property Act (House Bill 2644), Decriminalization of cannabis (House Bill 218), Common-Interest Community Association Act (Senate Bill 1344), Personal Information Protection Act (Senate Bill 1833), Binding arbitration (Senate Bill 1229) and Juveniles in care of State (House Bill 3507). More information on each bill is available below the video.

Condominium Property Act. House Bill 2644 (Cassidy, D-Chicago; Steans, D-Chicago) deletes a provision in current law that allows unit owners to enforce a provision in a declaration that would otherwise be void and ineffective if at least 75% of the owners approve at a any time after the election of the first unit-owner board of managers. Governor Rauner vetoed this because he believes that this is an unnecessary restriction on the rights of condominium owners with respect to their property.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers New criminal law procedures (Public Act 99-413), Open Meetings Act (Public Act 99-402), Real estate claims in Cook County (Public Act 99-439), Ordinances affecting calls to police (Public Act 99-441) and Summary suspensions (Public Act 99-467). More information on each bill is available below the video.


New criminal law procedures. Public Act 99-413 (Lang, D-Skokie;  John Cullerton, D-Chicago) implements the crime victim constitutional amendment adopted in the 2014 general election. Reorganizes and modifies the rights of crime victims and establishes additional procedures for enforcing victims’ rights. Provides that the Act does not grant any person a cause of action in equity or law for compensation for damages or attorney's fees, nor does it create a ground for relief requested by the defendant in a criminal case. Provides that presentence reports shall be open for inspection to the victim of a crime as set forth in the Act.

Effective August 20, 2015.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Condominium Property Act (House Bill 2644), Decriminalization of cannabis (House Bill 218) and Body cameras (Public Act 99-352). More information on each bill is available below the video.

Condominium Property Act. House Bill 2644 (Cassidy, D-Chicago; Steans, D-Chicago) deletes a provision in current law that allows unit owners to enforce a provision in a declaration that would otherwise be void and ineffective if at least 75% of the owners approve at a any time after the election of the first unit-owner board of managers. Governor Rauner vetoed this because he believes that this is an unnecessary restriction on the rights of condominium owners with respect to their property.

Decriminalization of cannabis. House Bill 218 (Cassidy, D-Chicago; Noland, D-Elgin) imposes a minimum fine of $55 and a maximum fine of $125 for possession of 15 grams or less of cannabis. (2) Establishes a per se standard for Cannabis-DUI of 15 nano/milliliter of blood or 25 nano/milliliter of saliva in system instead of a trace of cannabis. (3) 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. (4) Keeps ordinance and civil violation dispositions of minors confidential to reflect the intent of the Juvenile Court Act and limit collateral damage to minors.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Lifetime driver’s license revocation (Public Act 99-290), Health Care Power of Attorney (Public Act 99-328), Disabled adults (Public Act 99-302), Trusts and Trustees Act (Public Act 99-337), Elder abuse (PA 99-272), Boundary-line agreements (Public Act 99-292), Municipal Code violations (Public Act 99-293). 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 security fee (Public Act 99-265), Consular notification of foreign nationals (Public Act 99-190), Speeding and supervision (Public Act 99-212), Juvenile sentencing (Public Act 99-69), Juvenile justice transfer (Public Act 99-258), Juvenile justice detention (Public Act 99-254) and Juvenile justice incarceration (Public Act 99-268). More information on each bill is available below the video.

 

Court security fee. Public Act 99-265 (Haine, D-Alton; Moffitt, R-Galesburg) allows a court security fee to exceed $25 to be imposed on civil litigants and convicted defendants if it is set according to an acceptable cost study under the Counties Code. Effective January 1, 2016.

Consular notification of foreign nationals. Public Act 99-190 (Drury, D-Highwood; Raoul, D-Chicago) requires that a law enforcement officer in charge of custodial facilities must ensure that a foreign national is advised within 48 hours of booking or detention that he or she has the right to communicate with the appropriate consulate as required by the Vienna Convention. Effective January 1, 2016.

Speeding and supervision. Public Act 99-212 (Walsh, D-Joliet; Mulroe, D-Chicago) does the following:

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Mechanics Lien Act (Public Act 99-178), Child-support fines (Public Act 99-157), Collection of fines and penalties (Public Act 99-18), Civil discovery (Public Act 99-110), Uniform Interstate Family Support Act (Public Act 99-119) and Adoption Act (Public Act 99-49). More information on each bill is available below the video.

Mechanics Lien Act. Public Act 99-178 (Sandack, R-Downers Grove; Harmon, D-Oak Park) allows a lien claimant to proceed directly against a bond substituted for the lien on the owner’s real estate or funds. The court may dismiss all parties except the principal, surety of the bond, and the lien claimant. Defenses against the lien claimant are limited to those that could be asserted by the principal or contracting owner.

The “prevailing party” in an action brought under this new subsection shall be awarded its attorney fees. The “prevailing party” is defined as a lien claimant that recovers at least 75% of the amount of its lien claim, or the principal of the bond if the lien claimant recovers less than 25% of the amount of its lien claim. The attorney’s fees for a prevailing lien claimant is limited to the amount remaining on the bond after the payment of the claim and interest, and the attorney’s fees awarded to a bond principal shall be limited to 50% of the amount of the lien claim.

Effective January 1, 2016.