ISBA Statehouse Review for the week of August 22

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.

Access to Justice Act. Public Act 98-351 (McAsey, D-Lockport; Mulroe, D-Chicago) creates the Access to Justice Act that imposes a $10 fee on a party's first pleading in civil cases to fund it. It encourages the supreme court to develop (1) a pilot program to create a statewide military personnel and veterans' legal assistance hotline and coordinated network of legal support resources, and a pilot program to provide court-based legal assistance within a circuit court in each appellate district in Illinois. (2) Creates the Statutory Court Fee Task Force to conduct a thorough review of the various statutory fees imposed or assessed on criminal defendants and civil plaintiffs and adds provisions concerning the administration and duties of the Task Force. Effective August 15, 2013.

Automobile liability insurance. Senate Bill 1898 (Biss, D-Skokie; Fine, D-Glenview) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any one person from $20,000 to $25,000; bodily injury or death to more than one person from $40,000 to $50,000; and injury or destruction of property of others from $15,000 to $20,000. Applies to insurance policies written or renewed after January 1, 2015. Effective January 1, 2015.

Privacy and the workplace. Public Act 98-501 (Radogno, R-Lemont; Mautino, D-Spring Valley) clarifies that an employer may request the password or gain access to the social-networking website of an employee or prospective employee if necessary to screen employees or applicants before hiring or to monitor or retain employee communications as required under Illinois insurance laws, federal law, or by a self-regulatory organization as defined in the Securities Exchange Act of 1934. Effective January 1, 2014.

Visitation. Public Act 98-462 (Harms, R-Watseka; Silverstein, D-Chicago) allows a court to consider, consistent with the best interest of the child, whether to award to one or both of the parties the "right of first refusal" to provide child care for the minor child or children during the other parent's normal parenting time. The parties may agree to a right of first refusal, but if they do not and the court determines that a right of first refusal is in the best interest of the child, the court shall consider new statutory criteria and make provisions for it consistent with the best interest of the child. It doesn't affect use of a substitute child-care provider for emergency situations and applies only if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time. Effective January 1, 2014.

Body attachments and child support. Public Act 98-417 (Reboletti, R-Addison; Connelly, R-Wheaton) excludes the requirements of the section concerning body attachment orders if enforcing any order or judgment for child support. Effective January 1, 2014.