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

Legislation

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.

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.