Nine added legislative proposals on ’09 agenda

In addition to the proposal for a prejudgment interest statute to encourage early settlement of civil cases (ISBA Bar News, January, page 1), the ISBA Assembly on Dec. 13 approved nine additional legislative proposals. Summaries follow.

Proposal 96-1, Enforcement of denial of visitation or parenting time. Proposed by the Family Law Section Council, it would expand civil enforcement and criminal prosecution for unlawful interference.

Proposal 96-2, Child-support enforcement. Proposed by the Family Law Section Council, it would expand notice to include a sheriff’s or private process server’s proof of service when an employer fails to withhold child support and forward it to the state disbursement unit.

Proposal 96-3, Attorney fees in family law. Proposed by the Family Law Section Council, it would amend the Marriage and Dissolution of Marriage Act to clean up in five ways the section that governs fees.

The three preceding measures have been supported by the General Practice, Solo and Small Firm Section Council, the Committee on Women and the Law, and Committee on Minority and Women Participation.

Proposal 96-4, Virtual Representation Act of the Trust and Trustees Act. Proposed by the Trusts and Estates Section Council, it would authorize and encourage resolution of disputes by non-judicial means, and to expand availability of the doctrine of virtual representation.

This measure has been supported by the Business Advice and Financial Planning Section Council and the Commercial, Banking and Bankruptcy Law Section Council.

Proposal 96-5, Franchise Act update. Proposed by the Committee on Franchising and Distribution, it would eliminate inconsistencies between the new federal FTC rules and three Illinois statutes.

This measure has been supported by the Business Advice and Financial Planning Section Council and the Corporation, Securities and Business Law Section Council.

Proposal 96-6, Not for Profit Act amendment allowing electronic voting. Proposed by the ISBA director of administrative services, it would permit an association to have its members vote electronically, rather than by mail, in its elections.

Proposal 96-7, Attorneys issuing subpoenas in civil cases. Proposed by a lawyer constituent of State Rep. William B. Black of Danville, it would allow attorneys to issue subpoenas in pending actions under the Code of Civil Procedure.

As House Bill 4119, it was passed by the House and Senate and awaits the governor’s signature. It would become effective June 1.

This measure has been supported by the Civil Practice and Procedure Section Council, the Tort Law Section Council, the General Practice, Solo and Small Firm Section Council, and the Criminal Justice Section Council.

Proposal 96-9, Power of Attorney Act update. Proposed by the Elder Law Section Council, it would clarify parts of the act, bring it into conformity with the national uniform act, and add protections for the principal.

This measure has been supported by the Trusts and Estates Section Council, the Health Care Law Section Council and the Commercial, Banking and Bankruptcy Law Section Council.

Proposal 96-10, Voluntary admission under the Mental Helath Code. Proposed by the Committee on Mental Health Law, it would provide guidance to mental health facilities, and amend the Probate Act to clarify that a ward who has the capacity to sign in voluntarily may do so.

This measure has been supported by the Health Care Law Section Council.