|
Capitol ChronicleBy Jim Covington Director of Legislative Affairs As it nears its scheduled adjournment date, the General Assembly continues to discuss legislation of interest to ISBA members. Subpoenas. House Bill 4119 (Black, R-Danville; Frerichs, D-Gifford) amends the Code of Civil Procedure to allow an Illinois-licensed attorney to issue a subpoena in a pending action. It is modeled after the federal rules of civil procedure. Passed the House and is in Senate Rules Committee. QTIP legislation. There is an effort to adopt QTIP legislation to minimize the tax effects caused by the difference in exemptions for federal and state estate taxes for 2009. For 2009–and 2009 only–the exemption for estate taxes is $3.5 million under federal law but $2 million under Illinois law. The QTIP legislation would continue the Illinois practice of deferring estate taxation on the death of the first spouse until the death of the second spouse. But this effort has not gotten any traction in Springfield as of yet. Child support. House Bill 4291 (Lindner, R-Sugar Grove; Martinez, D-Chicago) requires the Department of Health and Family Services to investigate and reimburse child-support obligors for its wrongful collection of child support. It applies to collections from obligors whose child-support order has been terminated for a child 18-years-old or older or who has graduated from high school. HFS must refund the child support within 60 days of its determination that it was wrongfully collected. Passed the House and is in Senate Rules Committee. Inheritance by car title. House Bill 1915 (Hoffman, D-Collinsville; Haine, D-Alton) amends the Vehicle Code to allow a car owner to use a car title to designate a beneficiary who inherits the car if the owner dies. Passed the House and has been assigned to Senate Transportation Committee. Death of a tortfeasor. Senate Bill 2784 (Harmon, D-Oak Park; Hoffman, D-Collinsville) amends the death-of-a-party/tortfeasor section of the Code of Civil Procedure to codify Gaddy v. Schulte (278 Ill App. 3d 488, 663 N.E.2d 119 (5th Dist. 1996)). This clarifies that the court may appoint a special representative to defend an action against a potential defendant if (1) the potential defendant dies before an action is filed against him or her; (2) the statute of limitations has not tolled; (3) the cause of action against the potential defendant survives; and (4) no estate has been opened for the decedent. If this procedure is used under current law, any recovery is limited to the estate's liability insurance. Senate Bill 2784 repeals this limitation as well. Passed the Senate and is in House Rules Committee. Construction Safety Act. House Bill 2094 (Fritchey, D-Chicago) creates the Construction Safety Act modeled after the Structural Work Act with four changes. (1) The SWA required a safety rail at least 34 inches above the floor or main portion for scaffolding that was 20 feet above the ground. House Bill 2094 requires the safety rail at least 42 inches above the ground for scaffolding that is 10 feet above the ground. (2) House Bill 2094 also ensures a right to a jury trial under this Act. (3) Exempts "licensed-design professionals" such as architects, engineers, and land surveyors. (4) Removes state's attorneys from any role in enforcing this Act. On second reading in the House. 911 immunity. House Bill 4713 (Howard, D-Chicago) immunizes a person from criminal prosecution for a drug crime if he or she calls 911 to report a drug overdose. Also immunizes the person who overdosed. But there is no immunity if there was reasonable suspicion or probable cause before the call to detain, arrest, or search the person or property of the caller or person who overdosed. In House Judiciary Committee. |
