Two Great ISBA Member Benefits Sponsored by
ISBA Mutual Lawyers Malpractice Insurance
view counter
A Value of $1,344, Included with Membership
Free CLE
view counter
view counter

ISBA Statehouse Review for the week of January 21, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Size of juries (House Bill 4473), Limited Liability Company Act (House Bill 4361), Child support (House Bill 3982), FOIA and law enforcement (Senate Bill 2210) and Sports and concussions (House Bill 4365). More information on each bill is available below the video.

Size of juries. House Bill 4473 (Sandack, R-Downers Grove) repeals current law allowing for a six-person jury in civil matters and also repeals increased witness fees. Introduced in the House.

Limited Liability Company Act. House Bill 4361 (Nekritz, D-Buffalo Grove) is a rewrite of the Limited Liability Company Act that incorporates concepts and provisions from the revised model act drafted by the Uniform Law Commission. (1) Establishes distinctions between membership interests. (2) Provides for the appointment of officers. (3) Authorizes the use of oral operating agreements. (4) Makes changes concerning electronic signatures. (5) Makes changes regarding a member’s right to information. (6) Provides that members of limited liability company are not agents solely because of membership. (7) Expands the scope of operating agreements. (8) Makes changes concerning unauthorized distributions. (9) Provides that creditors acquire only distributional rights. (10) Requires judicial action for dissolution based upon illegality. (11) Abolishes certain statutory buyout rights. (12) Provides for domestication of foreign companies. (13) Provides for conversion of business entities into other forms. (14) Requires the filing of a post office address for service of process. (15) Limits the ability of companies to transact business until an application is filed with the Secretary of State. (16) Makes technical and other changes. Introduced in the House and referred to House Rules Committee.

Child support. House Bill 3982 (Burke, D-Oak Lawn) deletes provisions concerning child support award guidelines, income calculation for child support purposes, and allocation of other child-related expenses. Replaces it with a requirement that the Department of Healthcare and Family Services promulgate guidelines and worksheets for the purpose of calculating child support guidelines, and that the court must apply the guidelines unless the court determines, after weighing specified factors, that application of the guidelines would be inappropriate. Adds provisions concerning child support purposes and applicability, duty of support, income calculation for support purposes, minimum orders, deviation factors, shared parenting, split care, allocation of other child-related expenses, and modification of support orders. Introduced in the spring of 2015 and may be referred to a substantive committee for action this year.

FOIA and law enforcement. Senate Bill 2210 (Van Pelt, D-Chicago) amends the Freedom of Information Act to provide that recordings of a law enforcement officer discharging a firearm or an officer-involved death from an in-car video camera or an officer-worn body camera is not exempt from inspection and copying, unless the public body asserts an exemption supported by a court order finding the asserted exemption to be applicable to the requested recording. Requires the court to conduct an expedited hearing on the applicability of the exemption asserted. Just introduced and referred to the Senate Committee on Assignments.

Sports and concussions. House Bill 4365 (Welch, D-Westchester) requires an association or other entity that promotes, sponsors, or regulates interscholastic athletics or athletic competition of high school students require all member schools that have certified athletic trainers to complete a monthly report on student-athletes at the member school who have sustained a concussion. Beginning with the 2017-2018 school year, requires the association or entity to compile the data reported during the previous school year into an annual report and submit copies of this report to the General Assembly. Introduced and referred to House Rules Committee.

Posted on January 21, 2016 by Chris Bonjean
Filed under: