Legislative News

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Court-services fee (House Bill 5453), Mechanics Lien Act (Senate Bill 3023), IMDMA (House Bill 5991), Mortgage Foreclosure (Senate Bill 3104) and Health Care Power of Attorney (Senate Bill 3228). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers UM/UIM arbitration (House Bill 5575), Probate Act and child's award (Senate Bill 2904), Health Care Services Lien Act (House Bill 5656), Mechanics Lien Act (House Bill 5663), Ticket quotas prohibited (Senate Bill 3411), Presumptions in IMDMA (House Bill 5425) and Regulation of loans to litigants (Senate Bill 3169). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Family law and visas (Senate Bill 2630), Local Records Act and destruction (House Bill 4316), Attorney-client privilege (House Bill 4317), UM/UIM arbitration (Senate Bill 1636) and Sale of distressed condominium units. (Senate Bill 2664). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Collection procedures (Public Act 98-557), Recorded interrogations (Public Act 98-547), Minimum liability insurance coverage (Public Act 98-519) and The Recreational Use of Land and Water Areas Act (Public Act 98-522). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Access to Justice Act (Public Act 98-351), Automobile liability insurance (Senate Bill 1898), Privacy and the workplace (Public Act 98-501), Visitation (Public Act 98-462) and Body attachments and child support (Public Act 98-417). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he provides an in-depth overview of House Bill 1452, the complete rewrite of Illinois' Marriage and Dissolution of Marriage Act. Much more information is available below the video.

Rewrite of Illinois’ Marriage Act

House Bill 1452 (Kelly Burke, D-Evergreen Park) is a complete rewrite of the Illinois Marriage and Dissolution of Marriage Act that may be acted on in the fall veto session. This article is a summary of that bill.

You may want to download a copy of this 186-page bill to review it. It may be found at the General Assembly’s website at www.ilga.gov/ . I find that the PDF version is easier to read and usually select that option for that reason.

Terminology. Courts will no longer award custody or visitation under this bill. Rather, courts will allocate parental responsibilities to include parenting time. A parent may ask the court for permission to relocate with a minor child instead of removing the child. Interestingly, it continues to use the lawyerism dissolution of marriage. Have any of you ever heard this process referred to as anything other than a divorce?

Concealed carry legislation, the medical marijuana pilot program, and more.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Fraudulent real estate documents (Public Act 98-99), Income withholding notice (Public Act 99-81) and Complete rewrite of the Illinois Marriage and Dissolution of Marriage Act (House Bill 1452). More information on each bill is available below the video.

Fraudulent real estate documents. Public Act 98-99 (Lang, D-Chicago; Silverstein, D-Chicago) allows a recorder of deeds to establish and use a “Fraud Referral and Review Process” for deeds and instruments that the recorder reasonably believes are fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. If the recorder reasonably believes the document is fraudulent, the recorder may refer the instrument to a county administrative law judge for review. If the ALJ finds by clear and convincing evidence that the document is fraudulent, the ALJ must issue a judgment to that effect with a notation that the fraudulent document may not affect the chain of title of the property in any way. Effective July 19, 2013.

Income withholding notice. Public Act 99-81 (McGuire, D-Joliet; Mell; D-Chicago) deletes the current requirement that these notices must contain the date that withholding for current support terminates. Effective July 15, 2013.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Juvenile Court Act (Public Act 98-62), Raising the age of juvenile court (Public Act 98-61), Concealed carry (Public Act 98-63) and Real estate documents and thumbprints (Public Act 98-0029). More information on each bill is available below the video.

Juvenile Court Act. Public Act 98-62 (Tracy, R-Quincy; Clayborne, D- E. St. Louis) amends the “continuance under supervision” section (Section 615) to track the procedure followed in adult criminal court. It does the following: (1) Leaves current law so that a case may be continued under supervision before a finding of delinquency with the approval of the state’s attorney. (2) Amends § 615 to allow the court to continue case under supervision after a finding of delinquency. It adds the same criteria from the supervision statute in the Criminal Code that the judge must consider before ordering supervision. Regardless of when this happens, current law is retained that prohibits a case from being continued under supervision for any forcible felony, a Class X felony, and first-degree murder. Effective January 1, 2014.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Juvenile Court Act (House Bill 3172), Raising the age of juvenile court (House Bill 2404), Business records (Senate Bill 1968), E-insurance card (Senate Bill 1775), Recorded interrogations (Senate Bill 1006), Concealed carry (House Bill 183), No more felony prostitution (Senate Bill 1872), Reporting of sex crimes (House Bill 804) and Drone surveillance (Senate Bill 1587). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Privacy and the workplace (Senate Bill 2306), Revised Uniform Anatomical Gift Act (House Bill 2339), E-insurance card (Senate Bill 1775), Recorded interrogations (Senate Bill 1006) and Mortgage Foreclosure Article (Senate Bill 56). More information on each bill is available below the video

By Jim Covington, ISBA Director of Legislative Affairs

This is a quick and dirty summary of 10 bills that have been passed by both chambers that may be of interest to ISBA members. The General Assembly has 30 days from passage to transmit it to the Governor, and he then has 60 days to take action on them. Enjoy!

(1) Tort cases and settlement problems.Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) amends the Code of Civil Procedure to create an enforcement mechanism for cases in which the parties agree to settle, but the defendant won’t comply with the agreement. It is limited to cases seeking money damages involving personal injury, wrongful death, or tort action. It requires a settling defendant pay all sums due to the plaintiff within 30 days of tender of all applicable documents required under this new Section.

It requires a “settling defendant” to tender a release to the plaintiff within 14 days of written confirmation of the settlement. If the law requires court approval of a settlement, the plaintiff must tender to the defendant a copy of the court order approving the settlement. If there is a known third-party right of recovery or subrogation interest, the plaintiff may protect the third-party’s right of recovery or subrogation interest by tendering to the defendant:

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Common-Interest Community Association Act (House Bill 1773), Short-term guardians (Senate Bill 1565), Short-term guardians (Senate Bill 1565), Body attachments and child support (House Bill 2473), Supreme Court Special Purposes Fund (Senate Bill 1768), The Recreational Use of Land and Water Areas Act (Senate Bill 1042), Driving and cell phones (House Bill 1247) and UM coverage (Senate Bill 1898). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Tort cases and settlement problems (Senate Bill 1912), Filing fee increase (House Bill 2327), Visitation (House Bill 2992), Fraudulent real estate documents (House Bill 2832), Access to Justice Act (House Bill 3111), Collection procedures (Senate Bill 1044), UM coverage (Senate Bill 1898) and FOIA (House Bill 2747). More information on each bill is available below the video.

Tort cases and settlement problems. Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) amends the Code of Civil Procedure to create an enforcement mechanism for cases that settle but the defendant won’t comply with the settlement. It is limited to cases seeking money damages involving personal injury, wrongful death, or tort action. It requires a settling defendant pay all sums due to the plaintiff within 21 days of tender of all applicable documents required under this new Section.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Body attachments and child support (House Bill 2473), Juvenile Court Act (House Bill 3172), Right to Privacy in the Workplace Act (Senate Bill 2306), Medical cannabis (House Bill 1), Juvenile court jurisdiction (House Bill 2404) and Real estate documents and thumbprints (House Bill 2269). More information on each bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Collaborative law for family law cases (Senate Bill 31), Collection changes (Senate Bill 1044), Access to Justice Act (House Bill 3111), Supreme Court Special Purposes Fund (Senate Bill 1768) and Sentencing hearings (Senate Bill 1528). More information on each bill is available below the video.

Collaborative law for family law cases. Senate Bill 31 (Noland, D-Elgin) codifies by statute the Uniform Law Commission’s proposed alternative dispute resolution for family law cases that is now being done by private agreement between litigants. It includes a variety of process requirements such as treatment of settlement communications as confidential, establishment of an evidentiary privilege for settlement discussions, lawyer disqualification if the process fails, and informal discovery procedures. Held in Senate Judiciary Committee.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers UM coverage (Senate Bill 1898), Claim for money damages (Senate Bill 1912), FOIA and attorney’s fees (Senate Bill 1514), Visitation (House Bill 2992) and Fraudulent real estate transactions (House Bill 2832). More information on each bill is available below the video.

UM coverage. Senate Bill 1898 (Biss, D-Skokie) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any person from $20,000 to $30,000; bodily injury or death to two or more persons from $40,000 to $60,000; and property damage from $15,000 to $20,000. It is on third reading in the Senate.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Juvenile Court Act (House Bill 3172), FOIA and attorney’s fees (Senate Bill 1514), Juvenile court jurisdiction (House Bill 2404) and the Condominium Property Act (House Bill 2646). More information on the bill is available below the video.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers FOIA (House Bill 2747), New filing fees (House Bill 2327), New filing fees (House Bill 2976), Recorder reviewing documents (House Bill 2832), Motor Vehicle Franchise Act (House Bill 2508) and Juvenile Court Act (House Bill 3172. More information on the bill is available below the video.

FOIA. House Bill 2747 (Conroy, D-Villa Park) authorizes written FOIA requests to be submitted to a public body by electronic mail. Requires each public body to post an email address where requests for public records may be directed. Passed the House and in the Senate.

New filing fees. House Bill 2327 (Riley, D-Chicago) authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee of up to $25 (instead of $15) and a document storage fee of up to $25 (instead of $15). Passed the House and in the Senate.

New filing fees. House Bill 2976 (Lilly, D-Chicago) adds a general filing increase to all civil actions in Cook County by $5 if the county board authorizes. The proceeds of these are to be placed in the county general fund and used to finance the court system in the county. On third reading in the House.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Visitation and babysitting (House Bill 2992), TODI tweaks (House Bill 169), Raising the age of juveniles (House Bill 2404), Illinois Anatomical Gift Act (House Bill 2339) and SOS administrative hearings (Senate Bill 924). More information on the bill is available below the video.