Immediate effective dates

Generally, immediate effective dates are a nightmare for those who must enforce, administer, or implement a new law. Three recent public acts with immediate effective dates amend the Residential Real Property Disclosure Act, the Health Care Surrogate Act, and the Voluntary Acknowledgment of Paternity Form. This is a short summary of all three. Residential Real Property Disclosure Act. Public Act 96-232 (Smith, D-Canton; Sullivan, D-Rushville) requires the seller to disclose whether the property has been used for the manufacture of methamphetamine. Effective Aug. 11, 2009. Health Care Surrogate Act. Public Act 96-492 (Wilhelmi, D-Joliet; Ryg, D-Vernon Hills) does two things. (1) Requires that a health-care facility permanently maintain any advance directive of a patient or authorized person. (2) Authorizes a surrogate to make decisions for the patient until removed by the patient who regains decisional capacity, a guardian of the person is appointed, or the patient dies. Effective Aug. 14, 2009. Voluntary Acknowledgment of Paternity Form. Public Act 96-333 (Martinez, D-Chicago; Mell, D-Chicago) does three things. (1) The voluntary acknowledgment of paternity form prepared by Health and Family Services must be the same form in child-support collection or under the Vital Records Act. This form must inform the mother and putative father that they have the right to request DNA tests for paternity, and if they sign this form that they waive this right. This part of the form must be in boldface capitals and letters not less than 0.25 inches tall. (2) In an action under the Parentage Act to determine paternity or child support, the court or administrative-hearing officer must advise the appearing respondent of the right to request that the parties and the child submit to DNA tests to determine paternity. (3) Expands the definition of visitation to include “parenting time” and “joint custody” for civil enforcement and criminal prosecution for unlawful interference with visitation. Effective Aug. 11, 2009.