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ISBA Statehouse Review for the week of May 29

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Common-Interest Community Association Act (House Bill 1773), Short-term guardians (Senate Bill 1565), Short-term guardians (Senate Bill 1565), Body attachments and child support (House Bill 2473), Supreme Court Special Purposes Fund (Senate Bill 1768), The Recreational Use of Land and Water Areas Act (Senate Bill 1042), Driving and cell phones (House Bill 1247) and UM coverage (Senate Bill 1898). More information on each bill is available below the video.

Common-Interest Community Association Act. House Bill 1773 (Sacia, R-Freeport; Bivins, R-Dixon) amends this Act to prohibit a common-interest community association (instead of a member of the board of the common-interest community association) from entering into a contract with certain current board members. Passed both chambers.

Short-term guardians. Senate Bill 1565 (Delgado, D-Chicago; McAsey, D-Lockport) amends the Probate Act to allow a court to vacate a short-term guardianship for the minor any time after the appointment of a temporary custodian under the Juvenile Court Act if (1) consistent with the best interests of the minor under the criteria under the Juvenile Court Act; and (2) after notice to all parties, including the short-term guardian, as required under the Juvenile Court Act. Awaiting a concurrence vote in the Senate.

Body attachments and child support. House Bill 2473 (Reboletti, R-Addison; Connelly, R-Wheaton) excludes the requirements or limitations of the section concerning body attachment orders if enforcing any order or judgment for child support. Passed both chambers.

Supreme Court Special Purposes Fund. Senate Bill 1768 (Raoul, D-Chicago; Zalewski, D-Chicago) creates this Fund in which the Supreme Court by rule may change certain statutory fees to defray the costs associated with electronic filing and case management systems in reviewing courts. These fees would include the initial $25 filing fee for appeals and the fees for a certificate of registration now collected in connection with the practice of law, such as in the Professional Service Corporation Act, the Limited Liability Company Act, and the Professional Association Act. Passed both chambers.

The Recreational Use of Land and Water Areas Act. Senate Bill 1042 (Harmon, D-Oak Park; Williams, D-Chicago) amends this Act so that owners of land who permit (without charge) a person to use their property for “recreational or conservation purposes” doesn’t incur any liability except for willful and wanton failure to guard or warn against a dangerous condition, use, structure, or activity. Owners may incur liability if the owner invites or charges a person who enters the land for recreational use. Passed the Senate and awaiting a vote today in the House on House Amendment No. 1.

Driving and cell phones. House Bill 1247 (D'Amico, D-Chicago; Mulroe, D-Chicago) prohibits using a hand-held cell phone or personal digital assistant while driving. Exempts the use of a hands-free or voice-operated mode, which may include the use of a headset. It also exempts using an electronic communication device that is activated by pressing a single button to initiate or terminate a voice communication. Second or subsequent convictions are moving violations. The fine is a maximum of $75 for the first offense, $100 for the second offense, $125 for the third offense, and $150 for the fourth or subsequent offense. Awaiting concurrence with a Senate amendment in the House.

UM coverage. Senate Bill 1898 (Biss, D-Skokie; Fine, D-Glenview) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any one person from $20,000 to $25,000; bodily injury or death to more than one person from $40,000 to $50,000; and injury or destruction of property of others from $15,000 to $20,000. Applies to insurance policies written or renewed after Jan. 1, 2015. Passed both chambers.

Posted on May 29, 2013 by Chris Bonjean
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