Two Great ISBA Member Benefits Sponsored by
A Value of $1,344, Included with Membership

Statehouse Review

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.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers The Parentage Act of 2015 (Public Act 99-85), IMDMA Rewrite (Public Act 99-90), Uniform Interstate Depositions and Discovery Act (Public Act 99-79), Citation to discover assets (Public Act 99-93),  Property fraud alert system (Public Act 99-75), Juvenile sentencing (Public Act 99-69) and Temporary guardians (Public Act 99-70). More information on each bill is available below the video.

The Parentage Act of 2015. Public Act 99-85 (Kelly Burke, D-Oak Lawn; Mulroe, D-Chicago) is a rewrite of the Illinois Parentage Act modeled after the uniform act from the Uniform Law Commission. It regulates establishment of a parent-child relationship, authorizes genetic testing, establishes procedures regarding parentage of a child of assisted reproduction, and provides for establishment of child-support obligations. A summary of this Act by Matthew Hector in the July 2015 Illinois Bar Journal may be found at this link. Effective January 1, 2016.

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 2640), Amends the Common Interest Community Association Act (House Bill 2640), Mortgage Foreclosure (Public Act 99-24), Common-Interest Community Association Act (Public Act 99-41) and Mental Health and Developmental Disabilities Confidentiality Act (Public Act 99-28). 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 Personal Information Protection Act (Senate Bill 1833), Decriminalization of cannabis (House Bill 218), New criminal law procedures (House Bill 1121), Body cameras (Senate Bill 1304) and Open Meetings Act (House Bill 175). 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 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.