Legislation

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Condominium Property Act (House Bill 2644), Decriminalization of cannabis (House Bill 218), Common-Interest Community Association Act (Senate Bill 1344), Personal Information Protection Act (Senate Bill 1833), Binding arbitration (Senate Bill 1229) and Juveniles in care of State (House Bill 3507). More information on each bill is available below the video.

Condominium Property Act. House Bill 2644 (Cassidy, D-Chicago; Steans, D-Chicago) deletes a provision in current law that allows unit owners to enforce a provision in a declaration that would otherwise be void and ineffective if at least 75% of the owners approve at a any time after the election of the first unit-owner board of managers. Governor Rauner vetoed this because he believes that this is an unnecessary restriction on the rights of condominium owners with respect to their property.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Condominium Property Act (House Bill 2644), Decriminalization of cannabis (House Bill 218) and Body cameras (Public Act 99-352). More information on each bill is available below the video.

Condominium Property Act. House Bill 2644 (Cassidy, D-Chicago; Steans, D-Chicago) deletes a provision in current law that allows unit owners to enforce a provision in a declaration that would otherwise be void and ineffective if at least 75% of the owners approve at a any time after the election of the first unit-owner board of managers. Governor Rauner vetoed this because he believes that this is an unnecessary restriction on the rights of condominium owners with respect to their property.

Decriminalization of cannabis. House Bill 218 (Cassidy, D-Chicago; Noland, D-Elgin) imposes a minimum fine of $55 and a maximum fine of $125 for possession of 15 grams or less of cannabis. (2) Establishes a per se standard for Cannabis-DUI of 15 nano/milliliter of blood or 25 nano/milliliter of saliva in system instead of a trace of cannabis. (3) Allows for alternative ways to test for cannabis DUI using “any bodily substance” (including saliva) for testing. This is an expansion from current law of breath, blood, and urine. (4) Keeps ordinance and civil violation dispositions of minors confidential to reflect the intent of the Juvenile Court Act and limit collateral damage to minors.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Court security fee (Public Act 99-265), Consular notification of foreign nationals (Public Act 99-190), Speeding and supervision (Public Act 99-212), Juvenile sentencing (Public Act 99-69), Juvenile justice transfer (Public Act 99-258), Juvenile justice detention (Public Act 99-254) and Juvenile justice incarceration (Public Act 99-268). More information on each bill is available below the video.

Court security fee. Public Act 99-265 (Haine, D-Alton; Moffitt, R-Galesburg) allows a court security fee to exceed $25 to be imposed on civil litigants and convicted defendants if it is set according to an acceptable cost study under the Counties Code. Effective January 1, 2016.

Consular notification of foreign nationals. Public Act 99-190 (Drury, D-Highwood; Raoul, D-Chicago) requires that a law enforcement officer in charge of custodial facilities must ensure that a foreign national is advised within 48 hours of booking or detention that he or she has the right to communicate with the appropriate consulate as required by the Vienna Convention. Effective January 1, 2016.

Speeding and supervision. Public Act 99-212 (Walsh, D-Joliet; Mulroe, D-Chicago) does the following:

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers The Parentage Act of 2015 (Public Act 99-85), IMDMA Rewrite (Public Act 99-90), Uniform Interstate Depositions and Discovery Act (Public Act 99-79), Citation to discover assets (Public Act 99-93),  Property fraud alert system (Public Act 99-75), Juvenile sentencing (Public Act 99-69) and Temporary guardians (Public Act 99-70). More information on each bill is available below the video.

The Parentage Act of 2015. Public Act 99-85 (Kelly Burke, D-Oak Lawn; Mulroe, D-Chicago) is a rewrite of the Illinois Parentage Act modeled after the uniform act from the Uniform Law Commission. It regulates establishment of a parent-child relationship, authorizes genetic testing, establishes procedures regarding parentage of a child of assisted reproduction, and provides for establishment of child-support obligations. A summary of this Act by Matthew Hector in the July 2015 Illinois Bar Journal may be found at this link. Effective January 1, 2016.