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ISBA Statehouse Review for the week of June 12

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Privacy and the workplace (Senate Bill 2306), Revised Uniform Anatomical Gift Act (House Bill 2339), E-insurance card (Senate Bill 1775), Recorded interrogations (Senate Bill 1006) and Mortgage Foreclosure Article (Senate Bill 56). More information on each bill is available below the video

Privacy and the workplace. Senate Bill 2306 (Radogno, R-Lemont; Mautino, D-Spring Valley) clarifies that an employer may request the password or gain access to the social-networking website of an employee or prospective employee if necessary to screen employees or applicants before hiring or to monitor or retain employee communications as required under Illinois insurance laws, federal law, or by a self-regulatory organization as defined in the Securities Exchange Act of 1934. Passed both chambers.

Revised Uniform Anatomical Gift Act. House Bill 2339 (Davis, D-East Hazel Crest; Clayborne, D-E. St. Louis) rewrites Illinois’ Anatomical Gift Act to make it more consistent with the core provisions of the most recent version of the Uniform Law Commission. Passed both chambers.

E-insurance card. Senate Bill 1775 (Haine, D-Alton) and House Bill 3139 (Smith, D-Chicago) both allow a driver to show proof of insurance via a mobile electronic device as opposed to being limited to a paper insurance card. Passed both chambers.

Recorded interrogations. Senate Bill 1006 (Raoul, D-Chicago; Drury, D-Highwood) expands the offenses in which a suspect’s statement is presumed to be inadmissible unless there is an electronic recording made of the custodial interrogation. It also allows prosecutors to record and use a statement of a suspect’s statement during a custodial interrogation if the statement was given at a time when the interrogators were unaware of facts and circumstances that would create probable cause to believe that the suspect committed a crime required to be recorded. Passed both chambers.

Mortgage Foreclosure Article. Senate Bill 56 (Collins, D-Chicago; Cassidy, D-Chicago) does three things. (1) Defines a “bona fide tenant” substantially consistent with the 2009 federal Protecting Tenants at Foreclosure Act. (2) Requires a petitioner to wait 90 days (unless the lease term is longer than 90 days) before a forcible entry and detainer action may be used to terminate the possessory rights of a bona fide tenant in residential real estate. Orders of possession issued in the foreclosure proceeding will continue to be entered against the mortgagor. (3) Addresses the deficiency issue in the 2010 McGahan case as to what procedure the mortgagee must follow if a mortgagor dies. If the survivor holds a 100% interest in the property because the survivor is the deceased mortgagor’s surviving joint tenant or surviving tenant by the entirety, a special representative for the deceased mortgagor need not be appointed. Passed both chambers.

Posted on June 13, 2013 by Chris Bonjean
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