Legislative News

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Cook County residential real estate transactions (House Bill 2269), Guardians and disabled adults (Senate Bill 1612), Civil procedure service of summons (House Bill 3275), FOIA and judicial entities (Senate Bill 2222), Additional Cook County filing fee (House Bill 2976) and Service of process for civil cases (Senate Bill 1724). 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 Filing fee increase (House Bill 2327), Recording of documents (Senate Bill 1728), Collaborative law for family law cases (Senate Bill 31), Forcible entry and detainer (House Bill 2360), Circuit court fees (House Bill 2505) and Litigation funding (House Bill 2301). 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 UM and UIM arbitration (Senate Bill 1636), Short-term guardian (Senate Bill 1565), Illinois Wage Payment and Collection Act (Senate Bill 1568) and Mortgage foreclosure (Senate Bill 1602). 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 Consumer Fraud and attorney's fees (House Bill 1447), Qualifications for being a judge in Cook County (Senate Joint Resolution for Constitutional Amendment 7), Custodial interrogations (Senate Bill 1332), Identification by lineups and photo spreads (Senate Bill 1333), Statute of limitations and sex offenses (Senate Bill 1399) and Illinois Marriage and Dissolution of Marriage Act (House Bill 1452). 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 IMDMA and temporary relief (House Bill 1004), Integrative Family Therapy (House Bill 1018), Family law and false allegations of child abuse or neglect (House Bill 1019), Child support and payor’s fee (House Bill 1041), Income-withholding notices (Senate Bill 1169) and Uniform Collaborative Law (House Bill 1029). More information on the bill is available below the video.

IMDMA and temporary relief. House Bill 1004 (Pritchard, R-DeKalb) allows party to request and the court to grant temporary relief that includes the following: (1) require a party to surrender to the court or the petitioner's attorney any United States or foreign passport issued in the name of a child; (2) require a party to place the name of a child in the Children's Passport Issuance Alert Program of the United States Department of State; or (3) enjoin a party from applying on behalf of a child for a new or replacement passport or visa. Recently introduced.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers The Religious Freedom and Marriage Fairness Act (Senate Bill 110), Bail bonds and release (House Bill 130), Driver’s licenses and child support (House Bill 128) and Transfer on Death Instruments (TODI) (House Bill 169). More information on the bill is available below the video.

(1) The Religious Freedom and Marriage Fairness Act. Senate Bill 110 (Steans, D-Chicago) creates the Religious Freedom and Marriage Act that recognizes civil marriages between persons of the same sex. Just introduced. House Bill 110 (Harris, D-Chicago) is an identical bill.

(2) Bail bonds and release. House Bill 130 (Monique Davis, D-Chicago. If a first-time offender is charged with a non-violent offense, it requires the court to order the defendant released on his or her own recognizance unless the court makes a specific finding that a cash bond is necessary to secure the defendant’s appearance. The court may, in addition to any other conditions, order as a condition of release that the defendant be monitored under electronic surveillance. Just introduced.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Medical malpractice and tobacco litigation (House Bill 5151), Small Estate Affidavit (House Bill 25), Uniform Collaborative Law Act (Senate Bill 31), Victims’ Rights (HJRCA 1) and Local governments and debt collection (Senate Bill 36). 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 Public Act 97-1093 (New probate fee), House Bill 5151 (Medical malpractice and tobacco litigation), House Bill 4963 (Marriage equality) and House Bill 30 (Medical marijuana). More information on the 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, local public guardian, and 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 Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Senate Bill 3626 (New therapy in family law cases), Senate Bill 957 (Temporary driver's licenses), House Bill 30 (Medical cannabis), Senate Bill 16 (Fast-track mortgage foreclosures) and House Bill 3636 (Mechanics' Lien Act). 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 House Bill 30, which creates a three-year pilot program that would make Illinois the 19th state (along with the District of Columbia) to allow sick or dying people to use small amounts of medical cannabis. It would require a doctor to certify that the patient suffers from a “debilitating medical condition” such as cancer, HIV/AIDS, or hepatitis C and that this limited use would ease that suffering. More information on the bill is available below the video.

Key components of House Bill 30 (Lang, D-Skokie) are as follows:

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Personal property exemptions, Illinois Power of Attorney Act, Security deposit and email, Community association fees and the Common Interest Community Association Act. More information on each bill is available below the video.

Congress.gov will soon succeed THOMAS as the go-to site for federal legislative research.

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 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 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 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.

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 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.

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.

A summary of laws passed this spring by the General Assembly.