Assembly to air ’09 legislative package issues

A proposal for new statute on prejudgment interest is one of several legislative initiatives that were adopted on Oct. 10 by the ISBA Board of Governors and will be reviewed Dec. 13 by the ISBA Assembly.

After approving amendments to some language in the prejudgment interest draft, the board passed it unanimously as a means of encouraging early resolution of lawsuits.

Traditional common law followed by Illinois courts is that prejudgment interest is awarded only as authorized by contract or statute, except for proceedings in equity within a court’s jurisdiction.

Benefits discussed by the board include awarding full compensation to an injured plaintiff, expediting the settlement process, and reducing the costs of litigation for all parties.

Support for introduction of 735 ILCS 5/2-1303.1 was conveyed to the Board of Governors from the Tort Law, Civil Practice and Procedure, and General Practice, Solo and Small Firm Section Councils.

An additional legislative package of new proposals was approved by the board for placement on the Assembly agenda. They include:

Proposal 96-1, Unlawful visitation (Family Law Section). Expands civil enforcement and criminal prosecution for unlawful interference with visitation to include “parenting time.”

Proposal 96-2, Child-support enforcement (Family Law Section). Expands notice of non-performance by a child support payor to include a sheriff’s or private process server’s proof of service.

Proposal 96-3, Attorney fees in family law (Family Law Section). Clarifies section 508 of the Illinois Marriage and Dissolution of Marriage Act.

Proposal 96-4, Virtual Representation Act of the Trust and Trustees Act (Trusts and Estates Section). Encourages and authorizes resolution of disputes by non-judicial means and expands availability of the doctrine of virtual representation.

Proposal 96-5, Franchise cleanup (Committee on Franchising and Distribution). Eliminates inconsistencies between new federal rules and Illinois laws.

Proposal 96-6, Not For Profit Act amendment for electronic voting in association elections.

Proposal 96-7, Attorneys issuing subpoenas in pending actions under the Code of Civil Procedure.

Proposal 96-9, Power of attorney update (Elder Law Section). Clarifies and brings parts of the act into conformity with the national act, and adds protections for principals.