ISBA Statehouse Review for the week of August 9
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.
Benefit Corporation Act. Public Act 97-885 (Frerichs, D-Champaign; Feigenholtz, D-Chicago) creates the Benefit Corporation Act to allow a corporation to be formed as benefit corporation for any purposes authorized under the current Business Corporation Act, for any specific purpose set forth in its articles of incorporation, or for the purpose of creating general public benefit. Effective January 1, 2013.
Calculation of child support. Public Act 97-878 (Tracy, R-Mt. Sterling; Martinez, D-Chicago) does not allow an obligor to use as a deduction in the calculation of net income any payments for premiums of court-ordered life insurance that reasonably secures payment of support for non-minor children and educational expenses, terms agreed to by the parties, or payment of maintenance (through existing or new life insurance). Effective August 2, 2012.
Juror's fees. Public Act 97-840 (Garrett, D-Lake Forest; Sente, D-Lincolnshire) allows a juror to waive any fees paid for service, transportation, or day care as well as the fees paid for attending an inquest. Effective January 1, 2013.
Cell phones and driving. (1) Public Act 97-830 (Garrett, D-Lake Forest; May, D-Highland Park) allows a driver in a construction or school zone to use a cell phone in "voice-operated" (instead of "voice-activated") mode or by pressing a single button to initiate or terminate a voice communication. This also includes using a headset in this manner. Effective January 1, 2013.
(2) Public Act 97-828 (Costello, D-Sparta; Haine, D-Alton) prohibits a driver from using a cell phone or video within 500 feet of an emergency scene. Exempts using a cell phone in the voice-operated mode. Effective July 20, 2012.
(3) Public Act 97-829 (D'Amico, D-Chicago; Sandoval, D-Cicero) prohibits a driver from using a hand-held cell phone or texting while driving a commercial motor vehicle. It does make some exceptions such as using voice-operated mode. Effective January 1, 2012.
False UCC filings. Public Act 97-836 (Zalewski, D-Chicago; Harmon, D-Oak Park) amends the Secured Transactions Article of the Uniform Commercial Code. It prohibits a person from filing or causing to be filed a false record that the person knows or reasonably should know is (1) not authorized or permitted under specified provisions; (2) not related to a valid existing or potential commercial or financial transaction, an existing lien, or a judgment of a court of competent jurisdiction; and (3) filed with the intent to harass or defraud the person identified as debtor. Creates criminal and civil penalties and administrative relief from the Secretary of State. Exempts records filed by a regulated financial institution or its representative. Effective July 20, 2012.
Supervision and speeding. Public Act 97-831 (Crotty, D-Oak Forest; Mathias, R-Buffalo Grove) prohibits a court from ordering supervision if a defendant was speeding 31 miles per hour or more (instead of 40 mph) on a highway or 25 miles per hour or more in an urban district. Effective July 1, 2013.