The Bar News

ISBA Statehouse Review for the week of June 28

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Mandated reporter of child abuse, Judicial Privacy Act, Juror’s fees, Trust modernization I and Trust modernization II. More information on each bill is available below the video.

Mandated reporter of child abuse. Public Act 97-711 (Kay, R-Edwardsville; McCarter, R-Lebanon) makes the following persons mandated reporters of child abuse: (1) Higher-education personnel; (2) Athletic-program personnel; and (3) early-intervention provider. Effective June 27, 2012.

Judicial Privacy Act. House Bill 5877 (Madigan, D-Chicago; Cullerton, D-Chicago) creates the Judicial Privacy Act that allows a judge to prohibit a government agency or business from publishing “personal information” about a judge. It requires that the judge make a written request to the agency or business to trigger this protection.

Passed both chambers; takes effect 60 days after becoming law.

Juror’s fees. Senate Bill 2492 (Garrett, D-Lake Forest; Sente, D-Lincolnshire) allows a juror to waive any fees paid for service, transportation, or day care as well as the fees paid for attending an inquest.

Drop date July 22, 2012; effective January 1, 2013.

Trust modernization I. House Bill 4662 (McAsey, D-Lockport; Dillard, R-Hinsdale) modernizes by allowing “decanting” of trusts. House Bill 4662 allows an irrevocable trust to evolve to meet a family’s changing needs without court involvement. House Bill 4662 is modeled after the laws of Delaware and New York.

Drop Date August 12, 2012; effective January 1, 2013.

Trust modernization II. House Bill 4663 (McAsey, D-Lockport; Silverstein, D-Chicago) House Bill 4663 adds flexibility to Illinois estate planning and administration of trusts by the use of “directed trusts.” Directed trusts allow a settlor to establish a trust and separate the administrative authority between a trustee and another person or entity acting as a fiduciary, such as an investment advisor, distribution advisor, or trust protector. House Bill 4663 is modeled after Delaware law, and more than 30 states already allow for directed trusts in some form.

Drop date August 12, 2012; effective January 1, 2013.

Posted on July 6, 2012 by Chris Bonjean
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