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ISBA Statehouse Review for the week of Sept. 8, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers the Illinois Wage Assignment Act, Unclaimed Life Insurance Benefits Act, E-business fee and Snow and ice removal.

More information on each bill is available below the video.

Illinois Wage Assignment Act. Public Act 99-903 (Biss, D-Skokie; Welch, D-Westchester) revises the Illinois Wage Assignment Act to track the Federal Trade Commission’s Credit Practices Rule. Specifically, it inserts more clarity and specificity into sections concerning a creditor’s notice of intent to assign wages served on the borrower and creditor’s demand of assignment served on the borrower’s employer.

Effective January 1, 2017.

Unclaimed Life Insurance Benefits Act. Public Act 99-0893 (Martwick, D-Chicago; Haine, D-Alton) requires insurers to periodically use the federal Death Master File to determine if a policyholder has died but the death benefits have not been made. If a match is found but the beneficiaries do not file a claim within 120 days, the insurer is required to make a good-faith effort to locate them. This Act will apply to all policies, annuity contracts, and retained asset accounts in force on after January 1, 2017.

Effective January 1, 2017.

E-business fee. Public Act 99-0859 (Harmon, D-Oak Park; Cassidy, D-Chicago) requires circuit court clerks to collect a $9 “e-business” fee against all civil litigants. It exempts motions for change of venue and appeals from administrative agencies. After January 1, 2022, the law-library filing fee of $21 is reduced to $20 and the children’s waiting room fee of $10 is reduced to $8. After January 1, 2022 the ceiling that all counties may charge for a civil filing fee is reduced by $6.

Effective August 19, 2016.

Snow and ice removal. Public Act 99-0889 (Nybo, R-Lombard; Ed Sullivan, R-Mundelein) creates the Snow Removal Service Liability Act. It voids as a matter of public policy any indemnity agreements between a “service provider” of snow removal and a “service receiver” that attempt to immunize either party for tort liability or requires a legal defense of the other party. It does not apply to contracts with public bodies or utilities or to insurance policies, surety bonds, or workers’ compensation.

Effective August 25, 2016.

Posted on September 8, 2016 by Chris Bonjean
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