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Statehouse Review

  • January 24, 2013 | Practice News
    ISBA Statehouse Review for the week of January 24

    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.

  • January 17, 2013 | Practice News
    ISBA Statehouse Review for the week of Jan. 17

    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.

    1 comment (Most recent January 28, 2013)
  • January 3, 2013 | Practice News
    ISBA Statehouse Review for the week of January 3

    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.

  • December 6, 2012 | Practice News
    ISBA Statehouse Review for the week of December 6, 2012

    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.

  • November 15, 2012 | Practice News
    ISBA Statehouse Review for the week of November 15

    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:

  • November 8, 2012 | Practice News
    ISBA Statehouse Review for the week of November 8, 2012

    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.

  • September 27, 2012 | Practice News
    ISBA Statehouse Review for the week of September 27

    ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he provides an overview of how to determine the application date for pending legislation. More information is available below the video.

  • September 13, 2012 | Practice News
    ISBA Statehouse Review for the Week of Sept. 12

    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. 

  • August 30, 2012 | Practice News
    ISBA Statehouse Review for the week of August 30

    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.

  • August 23, 2012 | Practice News
    ISBA Statehouse Review for the week of August 23

    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.