ISBA Statehouse Review for the week of February 5, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Trades and proof of insurance (House Bill 201), Open Meetings Act (House Bill 1323), Mortgage Foreclosure (Senate Bill 735), The Probate Act of 1975 (House Bill 1332) and Governor Rauner’s State of the State Address. More information on each bill is available below the video.

Trades and proof of insurance. House Bill 201 (Fine, D-Glenview) requires the Department of Financial and Professional Regulation to accept proof of bond insurance for general liability coverage from general contractors, painters, drywallers, HVAC technicians, and electricians. DPR then must publish this on a publicly accessible website. It prohibits a unit of local government from requiring these trades to submit additional proof of bond insurance for general liability coverage or assess a fee associated with the proof of bond insurance to do business in that jurisdiction if they do this. Just introduced and referred to House Rules Committee.

Open Meetings Act. House Bill 1323 (Yingling, D-Hainesville) removes requirements that a public body’s website must be maintained by the public body’s full-time staff to post public notice of meetings and minutes under the Act. Just introduced and referred to House Rules Committee.

Mortgage Foreclosure. Senate Bill 735 (Mulroe, D-Chicago) amends provisions outlining when a court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action. It adds situations in which there is a: (1) beneficiary under a transfer on death instrument; (2) person or entity that was conveyed title to the property by the deceased mortgagor prior to death; (3) person or entity that was conveyed title to the property under the administration of the deceased’s estate; or (4) trust that was conveyed title to the property. Just introduced and referred to Senate Committee on Assignments.

The Probate Act of 1975. House Bill 1332 (Zalewski, D-Chicago) amends the Probate Act of 1975 to authorize that a licensed clinical psychologist, in lieu of a licensed physician, may sign a report relating to the adjudication of disability if the evaluation is limited to the respondent’s mental condition. Just introduced and referred to House Rules Committee.

Governor Rauner’s State of the State Address. Yesterday it was reported that several of the proposals that Governor Rauner is going to support include the following. No bill has been filed on these items.

• Implement true workers’ compensation reform legislation that updates how injuries are apportioned to ensure employers pay for injuries that occur on the job; clarifies the definition of “traveling employees” to ensure a reasonable standard that excludes risks that would impact the general public; and implements American Medical Association guidelines when determining impairment.
• Enact lawsuit reforms to prevent unreasonable trial lawyer venue shopping, address unfair joint and several liability requirements and provide a balanced approach to medical malpractice cases to keep doctors in Illinois.
• Pass a constitutional amendment to cap unreasonable judgments (2018 ballot).
• Prohibit trial lawyer donations to elected judges, and move toward merit-based judicial reform as supported by the American Bar Association.