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ISBA Statehouse Review for the week of February 4, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Township Code I (Senate Bill 2287), Township Code II (Senate Bill 2288), Township Code III (Senate Bill 2412), The Biometric Information Privacy Act (Senate Bill 2409) and Citation on behalf of estate (Public Act 99-497). More information on each bill is available below the video.

Township Code I. Senate Bill 2287 (Althoff, R-McHenry) requires that a referendum be submitted to the voters after a petition by at least 5% of the registered voters seeking to discontinue and abolish the township’s organization and to transfer all the rights, powers, and responsibilities of the township organization to the county. Applies to a singular township organization within one county. Requires that the township officers of any township that is discontinued continue as officers of that township until the expiration of the respective terms for which they were elected or appointed. Further provides that a county may retain its form of government after all townships have been dissolved. Referred to the Committee on Assignments.

Township Code II. Senate Bill 2288 (Althoff, R-McHenry) amends the Township Code for a township to discontinue and abolish a township organization within a coterminous municipality in which the city council exercises the powers and duties of the township board. It removes the requirement that a township must be located within a county with a population of three million or more and that it must contain a territory of seven square miles or more. Referred to the Committee on Assignments.
Township Code III. Senate Bill 2412 (Althoff, R-McHenry) allows townships within a coterminous municipality to discontinue and become part of the municipality. Referred to the Committee on Assignments.

The Biometric Information Privacy Act. Senate Bill 2409 (Link, D-Gurnee) provides that for the purposes of crime prevention and law enforcement a private detective, private detective agency, private security contractor, or private security contractor agency may collect or capture a scan of a person’s face geometry without satisfying specified notice requirements to compare the scan to a database of photographs provided to the entity by any federal, State, or local law enforcement agency of persons who have been arrested on a charge of a violation of State or federal law if the entity complies with specified requirements. Referred to the Committee on Assignments.

Citation on behalf of estate. Public Act 99-497 makes three changes to current law. Under current law, a court may order a citation to issue against any person if the petitioner believes that person has concealed, converted, or embezzled any “assets” of the ward. The Act strikes the word “assets.” (2) Under current law, a court may order a citation to issue against any person who “had” in his or her possession any personal property, books of account, papers or evidences of debt or title to lands that belonged to the estate. The Act strikes the word “had” but leaves in a person who currently has possession of those things. (3) Repeals the ability of a court to issue a citation against a person who may be liable to the estate of award pursuant to any civil cause of action. Effective January 29, 2016.

Posted on February 4, 2016 by Chris Bonjean
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