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ISBA Statehouse Review for the week of January 29, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Municipalities and bankruptcy (House Bill 298), FOIA (House Bill 303), Notice and change of addresses (House Bill 304), DUI imprisonment (House Bill 340), Wills and presumptions (Senate Bill 90) and State’s Attorneys’ and debt collection (Senate Bill 86). More information on each bill is available below the video.

Municipalities and bankruptcy. House Bill 298 (Sandack, R-Lombard) amends the Illinois Municipal Code to allow a municipality to declare bankruptcy under federal law. Just introduced and assigned to House Rules Committee.

FOIA. House Bill 303 (Margo McDermed, R-37th District) prohibits a public body from restricting access to a severance agreement that is funded in whole or part by public moneys or that releases a claim against a public body. The public body may not require or impose any condition on any party to keep allegations, evidence, settlement amounts, or any other information confidential, except that which is necessary to protect a trade secret, proprietary information, or information that is otherwise exempt from disclosure under the Act. Exempts any agreements signed before the effective date of the amendatory Act. Just introduced and referred to House Rules Committee.

Notice and change of addresses. House Bill 304 (Brady, R-Normal) amends the Clerks of Courts Act to allow the circuit court clerk to reasonably rely upon any notice of the party’s change of address received from the United States Postal Service as a true and correct statement of the party’s current residential address. Applies to any notification required by law to be made by the circuit clerk to a party. Just introduced and referred to House Rules Committee.

DUI imprisonment. House Bill 340 (Wheeler, R-Cystal Lake) amends the Illinois Vehicle Code to require a minimum term of imprisonment of 10 consecutive days if a person is convicted of driving on a revoked or suspended license for driving under the influence or a statutory summary suspension if there is any amount of alcohol or illegal drug in his or her breath, blood, or urine. Just introduced and referred to House Rules Committee.

Wills and presumptions. Senate Bill 90 (Silverstein, D-Chicago) creates a rebuttable presumption that a will is void if it was executed or modified after the testator has been adjudicated disabled and the will was executed or modified without court approval. The presumption may be overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil at the time the will or codicil was executed. Just introduced and referred to the Senate Committee on Assignments.

State’s Attorneys’ and debt collection. Senate Bill 86 (Althoff, R-McHenry) amends the Counties Code to allow defaulted fines or penalties or installments of either to be collected by any means authorized for the collection of monetary judgments. Allows the state’s attorney to retain attorneys and private collection agents to do the collections. Charges their fees against the offender. Just introduced and referred to the Senate Committee on Assignments.

Posted on January 29, 2015 by Chris Bonjean
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