New Illinois Laws in 2022

Here are brief summaries of the 18 new Illinois laws that will go into effect on January 1, 2022.

Attorney’s statute of repose for estate planners. Public Act 102-377 (Sims, D-Chicago; Ann Williams, D-Chicago). Includes a six-year statute of repose that would take effect immediately. But it also includes a “safe harbor” period to ensure judicial approval of the legislation. This means that for legal work done before the amendment’s effective date, regardless of how long ago, there would be a “reasonable” time period (not to exceed six years) after the statute’s effective date within which a claim could be brought to ensure claims are not abruptly terminated. This repeals the exception to the six-year statute of repose that covers all other legal work that is not triggered until the death of the client. Effective Jan. 1, 2022.
Transfer on Death Instrument Act (TODI) upgrade. Public Act 102-68 (Barickman, R-Bloomington; Halpin, D-Rock Island). Upgrades the TODI Act since its enactment in 2012 to resolve questions or issues that have surfaced in the nine years since the Act has been used. Effective Jan. 1, 2022.
Tune-up of the guardianship statute. Public Act 102-0072 (Tracy, R-Quincy; Costa-Howard, D-Lombard). A cleanup of the adult guardianship statutes that the ISBA Elder Law Section Council has worked on for several years. Among its changes are: 1) clarifies that separate guardians may be appointed for the person and estate when both are needed, as well as codifying that there may be coguardians if the court finds it to be in the best interests of the ward; 2) clarifies the interplay of the power of attorney and the guardianship roles. It states that a petitioner who seeks to revoke a power of attorney for the person with an alleged disability must do so in conformity with the Illinois Power of Attorney Act; and 3) codifies that guardians are entitled to reasonable compensation, subject to court approval, after the court considers a fee petition. It will also consider these fees to be first-class claims under section 18-10 of the Probate Act if the ward dies. Drop date Aug. 16, 2021. Effective Jan. 1, 2022.
Practitioner Order for Life-Sustaining Treatment (POLST) forms. Public Act 102-140 (Feigenholtz, D-Chicago; Gabel, D-Evanston). Removes the requirement for a witness signature on the form. It authorizes recognition of the Illinois Department of Public Health’s Uniform POLST form, National POLST form, other formally sanctioned forms created in the fashion of the National POLST Paradigm, or out-of-hospital do-not-resuscitate orders faithfully executed in other states. Effective Jan. 1, 2022.
Adult guardianship. Public Act 102-0191 (Costa Howard, D-Lombard; Connor, D-Crest Hill). Deletes language providing that if the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court may enter an order for the petitioner to pay the fees or such amounts as the respondent or the respondent’s estate may be unable to pay. It replaces this language with the discretion of the court. Prohibits these fees and costs from being assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Illinois Department of Children and Family Services, or the agency designated by the governor under the Protection and Advocacy for Persons with Developmental Disabilities Act. Effective Jan. 1, 2022.
Guardianship Act. Public Act 102-109 (Didech, D-Buffalo Grove; Feigenholtz, D-Chicago). Changes the definitions of developmental disability, intellectual disability, and related conditions. In the case of an intellectual disability, the required report for a petition for adjudication of disability and for appointment of a guardian may be a psychological evaluation of the respondent that has been performed by a clinical psychologist within one year of the date of the filing of the petition. Effective Jan. 1, 2022.
Unlawful real estate restrictive covenants. Public Act 102-0110 (Didech, D-Buffalo Grove; Johnson, D-Waukegan). Creates a process for property owners and community associations to modify an “unlawful restrictive covenant” with the local recorder. It is defined as any recorded covenant or restriction that is void under the Illinois Human Rights Act. The recorder then files the requested modification with the local state’s attorney for a determination of whether it does violate the Act. If so, a modification will be recorded striking the offending covenant or restriction. Effective Jan. 1, 2022.
Uniform Recognition of Acknowledgments Act. Public Act 102-500 (Zalewski, D-Chicago; Connor, D-Crest Hill). Changes the definition of “acknowledged before me” to mean that, among other things, the person acknowledging appeared before the person taking the acknowledgment in a manner prescribed by the law applicable in the place in which the acknowledgment is taken. Effective Jan. 1, 2022.
IMDMA’s relocation tweak. Public Act 102-143 (Hastings, D-Frankfort; Burke, D-Oak Lawn). Amends the temporary-order statute to allow a party to seek permission to relocate while the case is pending if it is in the child’s best interest. Effective Jan. 1, 2022.
Interim attorney fees in the IMDMA. Public Act 102-480 (Stoneback; D-Skokie; Crowe, D-Maryville). Creates an avenue to include an allowance from the other party for an initial retainer fee to obtain an attorney. The request must include an affidavit from the attorney to be retained that the attorney has been contacted by the moving party and the attorney has agreed to enter an appearance if the request is granted. The party must also include a certificate that the interim fees will be used only for retaining the attorney. Effective Jan. 1, 2022.
Health insurance for children. Public Act 102-87 (Hastings, D-Frankfort; Burke, D-Oak Lawn). Ensures that children whose parents are divorced or never married have public or private health insurance when child support is determined by requiring the parents to obtain health insurance or maintain existing health insurance coverage for the child. Effective Jan. 1, 2022.
LLC operating agreements. Public Act 102-230 (Martwick, D-Chicago; Didech, D-Buffalo Grove). Before the 2016 rewrite, a LLC could not eliminate or reduce any fiduciary duties, including the traditional ones of fairness obligation, entity opportunities, or competing with the entity. It would prohibit an operating agreement from restricting or eliminating the duty to act fairly or the duty of care. Effective Jan. 1, 2022.
Business Corporation Act (BCA). Public Act 102-282 (Morrison, D-Highwood; Morgan, D-Highwood). Makes several changes to the BCA. It amends section 7.05 to provide that shareholder meetings can be held through means of remote communication if the corporation implements reasonable measures to ensure that a) each person participating remotely is a shareholder; and b) shareholders participating remotely have a reasonable opportunity to participate in the meeting and to vote on resolutions considered at the meeting. It allows for both fully remote shareholder meetings and hybrid meetings at which some shareholders are present in person and some shareholders participate remotely. Effective Jan. 1, 2022.
Ethics reform. Public Act 102-664 (Gillespie, D-Arlington Heights; Burke, D-Oak Lawn). Requires persons who lobby officials of counties, municipalities, and townships to register with the secretary of state and submit expenditure disclosures in the same manner as lobbyists working in the Illinois Capitol must do. Makes other changes for ethics at the Capitol. Effective Jan. 1, 2022.
Restrictive employment covenants. Public Act 102-0358 (Hunter, D-Chicago; Burke, D-Oak Lawn). Amends the Illinois Freedom to Work Act to create a statutory framework regulating restrictive covenants. Effective Jan. 1, 2022.
Juveniles and custodial interrogation. Public Act 102-101 (Peters, D-Chicago; Slaughter, D-Chicago). Presumes it to be inadmissible if a minor makes a confession during a custodial interrogation if a law enforcement officer knowingly engages in deception. “Deception” is defined as the knowing communication of false facts about evidence or unauthorized statements regarding leniency. Effective Jan. 1, 2022.
Court-appointed special advocates (CASA). Public Act 102-607 (Costa-Howard, D-Lombard; Belt, D-East St. Louis). Requires the court in counties under three million to appoint a CASA if a CASA is available for petitions filed alleging a minor is abused, neglected, or dependent. In counties of three million or more, the court may do so, but no CASA may act as a guardian ad litem. House Bill 3277 creates educational and training standards. It also imposes certain duties on the CASA, such as conducting an independent assessment of the case’s facts and circumstances, maintaining regular contact with the minor, attending all court hearings to advocate for the minor’s best interests, and submitting written reports to the court about the minor’s best interests. Effective on Jan. 1, 2022.
Lawyers’ Assistance Program (LAP). Public Act 102-190 (Halpin, D-Rock Island; Sims, D-Chicago). Transfers the funds in the LAP program from the state to the Attorney Registration and Disciplinary Committee. Effective Jan. 1, 2022.