ISBA Statehouse Review for June 2, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Juvenile justice (Senate Bill 2370), IMDMA cleanup (House Bill 3898), Cannabis civil penalties (Senate Bill 2228), Limited Liability Company Act (House Bill 4361), Income shares and child support (House Bill 3982), Land Trust Beneficiary Rights Act (House Bill 4697), Trust law (Senate Bill 2842), Revised Uniform Fiduciary Access to Digital Assets Act (House Bill 4648) and Personal guardian (House Bill 5924). More information on each bill is available below the video.

Juvenile justice. Senate Bill 2370 (Van Pelt, D-Chicago; Currie, D-Chicago) does three things. (1) Raises the age from 13 to 15 for requirement of a lawyer for children during custodial interrogation in a homicide or sex-offense case; (2) expands current custodial interrogation videotape requirements to apply in all felonies and misdemeanor sex-offense cases for children under the age of 18; and (3) sets out wording for Miranda warnings for all children under the age of 18. Passed both chambers.


IMDMA cleanup. House Bill 3898 (Kelly Burke, D-Oak Lawn; Mulroe, D-Chicago) is a cleanup of last year’s rewrite of the IMDMA for such things as referring to a section that no longer exists and correcting cross-references. It does contain some clarifying changes that may be considered as substantive, such as the following. (1) Clarifies for post-educational expenses that the guide is “in-state” tuition at the University of Illinois. (2) Clarifies that the 25-mile standard on relocation is based on an “internet mapping service.” (3) Clarifies the two-year ban from amending a judgment unless the child is endangered applies to “parental decision-making responsibilities” and doesn’t apply to “parenting-time” provisions. (4) Clarifies that a respondent who doesn’t file an appearance is not required to file a parenting plan unless specifically ordered to do so by the court. (5) It also includes a new Article 7 of the Parentage Act of 2015 affecting artificial reproduction that replaces the current Article that is considered to be outdated. Passed both chambers.

Cannabis civil penalties. Senate Bill 2228 (Steans, D-Chicago; Cassidy, D-Chicago) makes several changes to the Code of Criminal Procedure. It replaces criminal penalties for possession of small amounts of cannabis (less than 10 grams) with a civil fine of $100-$200. The other change at issue replaces the current “zero-tolerance” prohibition of driving with any trace of cannabis in the driver’s bodily fluids with a per se standard of five nanograms/milliliter of whole blood or ten nanograms/milliliter in any other bodily substance. Passed both chambers.  

Limited Liability Company Act. House Bill 4361 (Nekritz, D-Buffalo Grove; Harmon, D-Oak Park) is a huge rewrite of the LLC Act. Establishes distinctions between membership interests. Provides for the appointment of officers. Authorizes the use of oral operating agreements. Makes changes concerning electronic signatures. Makes changes regarding a member's right to information. Provides that members of limited liability company are not agents solely because of membership. Expands the scope of operating agreements. Makes changes concerning unauthorized distributions. Provides that creditors acquire only distributional rights. Requires judicial action for dissolution based upon illegality. Abolishes certain statutory buyout rights. Provides for domestication of foreign companies. Provides for conversion of business entities into other forms. Requires the filing of a post office address for service of process. Limits the ability of companies to transact business until an application is filed with the Secretary of State. Makes technical and other changes. Effective July 1, 2017. Passed both chambers.

Income shares and child support. House Bill 3982 (Kelly Burke, D-Oak Lawn; Hastings, D-Matteson) moves Illinois into the majority of other states that have an “income shares” model for adjudicating child support It has a July 1, 2017 effective date. Passed both chambers.

Land Trust Beneficiary Rights Act. House Bill 4697 (Williams, D-Chicago; Hastings, D-Matteson) provides that the rights of a beneficial owner may not be impaired in any way by the change of trustees if the identity of the trustee of a land trust has been changed by virtue of sale, assignment, appointment, or otherwise, but the beneficial owner or owners of the land trust remain unchanged. Provides that a change of trustees by a sale, acquisition, or appointment governed by the Corporate Fiduciaries Act is not a bar or defense to any court action filed by or in the name of either the previous trustee or the new trustee, regardless of whether the court action was originally filed in a representative capacity on behalf of the beneficial owner or owners. Passed both chambers.

Trust law. Senate Bill 2842 (Silverstein, D-Chicago; Lang, D-Chicago) seeks to reverse the holding of the Mendelson case (2016 IL App (2d) 150084). It provides that the transfer of real property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee. Provides that for any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. Passed both chambers.

Revised Uniform Fiduciary Access to Digital Assets Act. House Bill 4648 (Welch, D-Westchester; Connelly, R-Lisle) provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Passed both chambers.

Personal guardian. House Bill 5924 (Fine, D-Glenview; Silverstein, D-Chicago) amends the personal guardian statute in the Probate Code. If there is no court order to the contrary, requires the guardian to use reasonable efforts to notify the ward’s known adult children, who have requested notification and provided contact information, of the ward’s admission to a hospital or hospice program, the arrangements for the disposition of the ward’s remains, or the ward’s death.

If a guardian unreasonably prevents an adult child of the ward from visiting the ward, the court, upon a verified petition by an adult child, may order the guardian to permit visitation between the ward and the adult child if the court finds that the visitation is in the ward’s best interests. In making its determination, the court shall consider the standards set forth in current law. subsection (e) of this Section. This new subsection (g) does not apply to duly appointed Public Guardians and the Office of State Guardian. Passed both chambers.

Posted on June 2, 2016 by Chris Bonjean
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