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ISBA Statehouse Review for May 26, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers FOIA (House Bill 4715), Juvenile justice (Senate Bill 2370), Counties Code (House Bill 4603), IMDMA cleanup (House Bill 3898), Cannabis civil penalties (Senate Bill 2228), Limited Liability Company Act (House Bill 4361), Income shares and child support (House Bill 3982), Land Trust Beneficiary Rights Act (House Bill 4697), Trust law (Senate Bill 2842) and Sex crimes against minors (House Bills 1127). More information on each bill is available below the video.

FOIA. House Bill 4715 (Bryant, R-Mt. Vernon; Radogno, R-Lemont) allows a person denied access to public records to file an action to enforce a binding opinion issued under section 9.5 of this Act.

It allows the court to impose an additional penalty of up to $1,000 for each day the violation continues if: (1) the public body fails to comply with the court’s order after 30 days; (2) the court’s order is not appealed or stayed; and (3) the court does not grant the public body additional time to comply with a court order to disclose public records. These changes apply to actions filed on or after January 1, 2017.

A requester that files an action seeking to enforce a binding opinion will have a rebuttable presumption that the public body willfully and intentionally failed to comply with this Act if: (1) the attorney general issues a binding opinion under section 9.5; (2) the public body does not file for administrative review within 35 days after the binding opinion is served on the public body; and (3) the public body does not comply with the binding opinion within 35 days after it is served on the public body.

This presumption may be rebutted by the public body showing that it is making a good-faith effort to comply with the binding opinion, but the compliance was not possible within the 35-day time frame. This section applies to binding opinions of the attorney general requested or issued on or after January 1, 2016. House Bill 4715 is back in the Senate for concurrence with the Senate amendments.

Juvenile justice. Senate Bill 2370 (Van Pelt, D-Chicago; Currie, D-Chicago) does three things. (1) Raises the age from 13 to 15 for requirement of a lawyer for children during custodial interrogation in a homicide or sex-offense case; (2) expands current custodial interrogation videotape requirements to apply in all felonies and misdemeanor sex-offense cases for children under the age of 18; and (3) sets out wording for Miranda warnings for all children under the age of 18. On third reading in the House and poised for passage.

Counties Code. House Bill 4603 (Tom Bennett, R-Pontiac; Barickman, R-Bloomington) amends the Counties Code to clarify that “all questions” or “ordinances” also includes any resolutions and motions that arise during meetings. It also allows a county at any properly noticed public meeting to take a single or omnibus vote by unanimous consent on any two or more questions, ordinances, resolutions, or motions. The bill states that this is declarative of existing law and has an immediate effective date. On third reading in the Senate.

IMDMA cleanup. House Bill 3898 (Martwick, D-Chicago; Mulroe, D-Chicago) is a cleanup of last year’s rewrite of the IMDMA for such things as referring to a section that no longer exists and correcting cross-references. It does contain some clarifying changes that may be considered as substantive, such as the following. (1) Clarifies for post-educational expenses that the guide is “in-state” tuition at the University of Illinois. (2) Clarifies that the 25-mile standard on relocation is based on an “internet mapping service.” (3) Clarifies the two-year ban from amending a judgment unless the child is endangered applies to “parental decision-making responsibilities” and doesn’t apply to “parenting-time”provisions. (4) Clarifies that a respondent who doesn’t file an appearance is not required to file a parenting plan unless specifically ordered to do so by the court. (5) It also includes a new Article 7 of the Parentage Act of 2015 affecting artificial reproduction that replaces the current Article that is considered to be outdated. It is on third reading in the Senate.

Cannabis civil penalties. Senate Bill 2228 (Steans, D-Chicago; Cassidy, D-Chicago) makes several changes to the Code of Criminal Procedure. It replaces criminal penalties for possession of small amounts of cannabis (less than 10 grams) with a civil fine of $100-$200. The other change at issue replaces the current “zero-tolerance” prohibition of driving with any trace of cannabis in the driver’s bodily fluids with a per se standard of five nanograms/milliliter of whole blood or ten nanograms/milliliter in any other bodily substance. Passed both chambers.  

Limited Liability Company Act. House Bill 4361 (Nekritz, D-Buffalo Grove; Harmon, D-Oak Park) is a huge rewrite of the LLC Act. Establishes distinctions between membership interests. Provides for the appointment of officers. Authorizes the use of oral operating agreements. Makes changes concerning electronic signatures. Makes changes regarding a member's right to information. Provides that members of limited liability company are not agents solely because of membership. Expands the scope of operating agreements. Makes changes concerning unauthorized distributions. Provides that creditors acquire only distributional rights. Requires judicial action for dissolution based upon illegality. Abolishes certain statutory buyout rights. Provides for domestication of foreign companies. Provides for conversion of business entities into other forms. Requires the filing of a post office address for service of process. Limits the ability of companies to transact business until an application is filed with the Secretary of State. Makes technical and other changes. Effective July 1, 2017. It’s passed the House and on third reading in the Senate.

Income shares and child support. House Bill 3982 (Kelly Burke, D-Oak Lawn; Hastings, D-Matteson) moves Illinois into the majority of other states that have an “income shares” model for adjudicating child support.  It’s passed the House and now on third reading in the Senate. It has a July 1, 2017 effective date.

Land Trust Beneficiary Rights Act. House Bill 4697 (Williams, D-Chicago; Hastings, D-Matteson) provides that the rights of a beneficial owner may not be impaired in any way by the change of trustees if the identity of the trustee of a land trust has been changed by virtue of sale, assignment, appointment, or otherwise, but the beneficial owner or owners of the land trust remain unchanged. Provides that a change of trustees by a sale, acquisition, or appointment governed by the Corporate Fiduciaries Act is not a bar or defense to any court action filed by or in the name of either the previous trustee or the new trustee, regardless of whether the court action was originally filed in a representative capacity on behalf of the beneficial owner or owners. Passed both chambers.

Trust law. Senate Bill 2842 (Silverstein, D-Chicago; Lang, D-Chicago) seeks to reverse the holding of the Mendelson case (2016 IL App (2d) 150084). It provides that the transfer of real property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee. Provides that for any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. Passed the Senate and now on second reading in the House.

Sex crimes against minors. House Bills 1127 (Smiddy, D-Port Byron), 1128 (Yingling, D-Grayslake, and 1129 (Mussman, D-Schaumburg) remove the statute of limitations for sex crimes, pornography, trafficking, and prostitution if the victim was under the age of 18 at the time the crime was committed. Passed the House and now in the Senate.

Posted on May 26, 2016 by Chris Bonjean
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