ISBA Statehouse Review for the week of August 12, 2015
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Lifetime driver’s license revocation (Public Act 99-290), Health Care Power of Attorney (Public Act 99-328), Disabled adults (Public Act 99-302), Trusts and Trustees Act (Public Act 99-337), Elder abuse (PA 99-272), Boundary-line agreements (Public Act 99-292), Municipal Code violations (Public Act 99-293). More information on each bill is available below the video.
Lifetime driver’s license revocation. Public Act 99-290 (Nekritz, D-Buffalo Grove; Mulroe, D-Chicago) amends current Illinois law that now prohibits a person from ever legally driving again after four DUI convictions. House Bill 1446 retains this prohibition, but it permits the person to ask the Secretary of State for an RDP (restricted driving permit) after a five-year period. If granted, the driver would be required to permanently use a BAIID device to drive for certain limited purposes and at designated times, such as to work or for child-care responsibilities.
Effective January 1, 2016.
Health Care Power of Attorney. Public Act 99-328 (Haine, D-Alton; Williams, D-Chicago) provides the following: (1) A psychologist may not witness the signing of a health care agency and removes that current prohibition for “mental health providers.” (2) Adds an option on the short-form POA for a principal to select whether the agent can have access to the principal’s medical records and information. (3) Permits an agent to pursue applications for government benefits made during a principal’s lifetime if no administrator or executor is acting on behalf of the principal's estate. (4) Adds an option allowing the principal to nominate the agent as the guardian of the principal’s person should one become necessary. (5) Provides that a physician may determine that the principal is unable to make health care decisions for himself or herself only if the principal lacks decisional capacity as that term is defined in the Health Care Surrogate Act.
Effective January 1, 2016.
Disabled adults. Public Act 99-302 (Silverstein, D-Chicago; Breen, R-Lombard) creates a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled in two situations: (1) a plenary guardian has been appointed or (2) a limited guardian has been appointed and the court has found that the testator lacks testamentary capacity.
The rebuttable presumption is overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil, and it does not apply if the will or codicil was executed in compliance with a court order. This subsection applies only to wills or codicils executed or modified after the effective date of this act.
Effective January 1, 2016.
Trusts and Trustees Act. Public Act 99-337 (Silverstein, D-Chicago; McAsey, D-Plainfield) authorizes trustees to use a “certification of trust” form that may be relied upon by third parties without obtaining a copy of the trust instrument. It is modeled after § 1013 of the Uniform Trust Code.
Effective August 10, 2015.
Elder abuse. PA 99-272 (Thomas Bennett, R-Watseka; Barickman, R-Bloomington) expands the current civil cause of action for financial exploitation of the elderly or disabled by deleting the precursor of an indictment and the current limitation of sole remedy that requires a return of the property.
Effective January 1, 2016.
Boundary-line agreements. Public Act 99-292 (Andersson, R-Geneva; McConnaughy, R-St. Charles) amends the Municipal Code to provide that it shall not be considered a “conflict” under the boundary-line provisions of the Act if a municipality that is a party to a jurisdictional boundary-line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary-line agreement.
Effective August 6, 2015.
Municipal Code violations. Public Act 99-293 (Andersson, R-Geneva; McConnaughy, R-St. Charles) creates an alternative proceeding if the time expires in which judicial review may be sought after a final determination of a code violation. If a defendant has failed to comply with a judgment to correct a code violation or pay a fine, any expenses incurred by a municipality to enforce the judgment is a debt due and owing the municipality by the defendant.
It also authorizes the municipality to impose a lien on the real estate or personal estate of the defendant in the amount of the debt. In addition, it permits a hearing officer to set aside any judgment entered by default and set a new hearing date if the hearing officer determines that the petitioner’s failure to appear was for good cause or because the municipality did not provide proper service of process.
Effective August 6, 2015.