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ISBA Statehouse Review for the week of June 26, 2014

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Township government (Public Act 98-653), Workers’ Compensation Act (Public Act 98-633), UM/UIM insurance (House Bill 5575), Independent examination in mental health proceedings (Senate Bill 3532), Local Records Act (House Bill 5623) and Condominiums and common-interest communities (House Bill 5322). More information on each bill is available below the video.

Township government. Public Act 98-653 (Harmon, D-Oak Park; Fortner, R-West Chicago) requires that notices must be posted 15 days (now, 10 days) before annual and special township meetings and before a public hearing to sell or use township property. It also authorizes any group of registered voters to request an advisory opinion of public policy to be considered by the electors at the annual meeting with proper written notice to the township clerk in the same manner as required for an agenda item, which shall then be published on the township board’s agenda. Effective June 18, 2014.

Workers’ Compensation Act. Public Act 98-633 (Raoul, D-Chicago; Bradley, D-Marion) provides that there is no right to recover damages for injury or death, other than the compensation provided under the Act, from a service organization that is wholly owned by the employer or the employer’s insurer or broker and that provides safety service, advice, or recommendations. Current law immunizes from common law liability if the service organization is retained by the employer or the employer’s insurer or broker to provide safety service, advice, or recommendations. Effective June 5, 2014.

UM/UIM insurance. House Bill 5575 (Zalewski, D-Chicago; Mulroe, D-Chicago) amends the Insurance Code to increase the levels of binding arbitration from $50,000 to $75,000 for death or bodily injury to one person and from $100,000 to $150,000 effective for death or bodily injury to two or more persons. It affects all policies issued or renewed after January 1, 2015. Sent to the Governor.

Independent examination in mental health proceedings. Senate Bill 3532 (Murphy, R-Palatine; Sandack, R-Downers Grove) fleshes out how a respondent gets an independent medical examination in a proceeding seeking involuntary admission, a proceeding seeking to administer psychotropic medication or electroconvulsive therapy or a proceeding seeking discharge of the respondent. Requires that the court to determine the fees of the expert. The expert’s fees are to be paid by the respondent’s county of residence. If the respondent is not a resident of Illinois, the fees are to be paid by the county in which the proceeding is pending. Sent to the Governor.

Local Records Act. House Bill 5623 (Sandack, R-Lombard; Turner, D-Chicago) requires a unit of local government or school district that serves a population of less than one million that maintains an Internet website (other than a social media or social networking website) to post to its website a mechanism, such as a uniform, single-email address, for the public to electronically communicate with those elected officials. Requires the information to be easily accessible from the unit of local government’s or school district’s home page through a hyperlink. Sent to the Governor.

Condominiums and common-interest communities. House Bill 5322 (Burke, D-Evergreen Park; Raoul, D-Chicago) amends the two acts that govern condos and common-interest communities so that communication may include “electronic transmission” for differing purposes under the two Acts. It creates procedures to do this that also require consent of the unit owner. It also prohibits secret ballots in elections for common-interest communities. Sent to the Governor.

Posted on June 26, 2014 by Chris Bonjean
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