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Legislation

ISBA Statehouse Review for the Week of Sept. 12

Posted on September 13, 2012 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Mechanics Lien Act, Medical Marijuana and Juvenile homicide offenders. More information on each bill is available below the video.

 

Mechanics Lien Act. House Bill 3636 (Burke, D-Evergreen Park; Mulroe, D-Chicago) does three things in response to the LaSalle Bank National Association vs. Cypress Creek opinion. (1) Requires that the owner or interested person’s demand for suit to be commenced or answered within 30 days must contain this language in at least 10-point, boldface type: “Failure to respond to this notice within 30 days after receipt, as required by Section 34 of the Mechanics Lien Act, shall result in the forfeiture of the referenced lien.” 

(2) Defines a “lien creditor” as someone who does work or furnishes material under this Act. A lien creditor is preferred over other encumbrances except that previous encumbrances are preferred only to the extent of the value of the land at the time the contract was made for the improvements, and each lien creditor is preferred to the value of all later improvements regardless of whether the lien creditor provided those improvements. 

ISBA Statehouse Review for the week of August 30

Posted on August 30, 2012 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the New probate fee, Juvenile Records, Adoption and Disabled adults. More information on each bill is available below the video.

New probate fee. Public Act 97-1093 (Silverstein, D-Chicago; Feigenholtz, D-Chicago) creates a $100 fee to open a decedent's estate to fund the State Guardianship and Advocacy Commission. It exempts indigents, the State Guardian, any state agency, any local public guardian, and any state's attorney. (2) It also allows the court to appoint a limited guardian for a disabled adult who lacks some but not all of the required capacity. If the court finds that the ward is totally without the required capacity, it may appoint a plenary guardian. (3) It adds criteria for the termination of the guardianship or modification of the guardian's duties. Effective January 1, 2013.

ISBA Statehouse Review for the week of August 23

Posted on August 23, 2012 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Health Care Services Lien Act, Personal property exemptions and trusts, Child-support enforcement (Public Act 97-994 and Public Act 97-1029), Sanctions for visitation violations, Domestic violence form, Adoption and Article 9 of the UCC. More information on each bill is available below the video.

ISBA Statehouse Review for the week of August 9

Posted on August 9, 2012 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Benefit Corporation Act, Calculation of child support, Juror's fees, Cell phones and driving, False UCC filings and Supervision and speeding. More information on each bill is available below the video.

Is a new public act retroactive or prospective?

Posted on August 9, 2012 by James R. Covington

OK, so the new public act is clear on when its effective date. Does it apply to your pending case? The Illinois Reference Bureau's Bill Drafting Manual has an excellent two-page summary of this issue here at pages 136 and 137.

ISBA Statehouse Review for the week of August 2

Posted on August 2, 2012 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Open Meetings Act, Post-judgment collection procedures, Medical records of deceased family members, Power of Attorney Act and Judicial Privacy Act. More information on each bill is available below the video.

 

ISBA Board supports Fairness in Disclosure of Evidence Act

Posted on July 25, 2012 by Chris Bonjean

The Illinois State Bar Association's Board of Governors approved a resolution  at its July meeting in support of the federal Fairness in Disclosure of Evidence Act of 2012, S. 2197 (Murkowski, R-Alaska). This act, which is pending before the Senate Judiciary Committee, codifies Brady v. Maryland to require the attorney for the U.S. government to disclose favorable information to the defendant in criminal prosecutions. Instances of the withholding of exculpatory evidence favorable to the accused have been cited in several cases, including the conviction of U.S. Senator Ted Stevens. Illinois Senator Richard Durbin sits as a member of the Judiciary Committee.

The ISBA Criminal Justice Section voted unanimously to support S. 2197. Read the resolution adopted by the Board of Governors at Fairness in Disclosure of Evidence Act.pdf.

ISBA Statehouse Review for the week of July 19

Posted on July 19, 2012 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Neglected child (Public Act 97-803), Property Tax Code (Public Act 97-812) and Victims' rights (Public Act 97-815). More information on each bill is available below the video.

ISBA Statehouse Review for the week of July 11

Posted on July 11, 2012 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Adoption, Community Association fees, the Common Interest Community Association Act and the Condominium Property Act. More information on each bill is available below the video.

Adoption. House Bill 4028 (Feigenholtz, D-Chicago; Koehler, D-Edwards) rewrites and re-formats parts of the Adoption Act. (1) It rewrites the form for a final and irrevocable consent to adoption by a specified person or persons in DCFS cases. (2) It creates the Adoption Advisory Council to replace the two current advisory groups. (3) Allows the court to waive the statutory time requirements of a child to be in the physical custody of certain specified persons before a parent may execute a consent for adoption in a case in which DCFS is involved. Passed both chambers; effective January 1, 2013.

ISBA Statehouse Review for the week of June 28

Posted on July 6, 2012 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Mandated reporter of child abuse, Judicial Privacy Act, Juror’s fees, Trust modernization I and Trust modernization II. More information on each bill is available below the video.

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