91st General Assembly
Status of SB1567
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Summary
SILVERSTEIN.

(LANG)

   755 ILCS 45/2-7.5 new                                                       
   755 ILCS 45/3-3           from Ch. 110 1/2, par. 803-3                      

        Amends the Illinois Power of Attorney Act.  Adds  a  new  Section      
   which  defines  "incapacitated  principal"  and requires that an agent      
   provide a record  of  all  receipts,  disbursements,  and  significant      
   actions taken under authority of the agency to certain State officials      
   and  to  other  persons  according to a prioritized list.  Revises the      
   statutory short form power of attorney  for  property  to  require  an      
   additional witness.  Effective immediately.                                 
        SENATE AMENDMENT NO. 1                                                 
        Deletes a provision that requires an agent to provide a record         
   of receipts, disbursements, and significant actions taken to certain        
   requesters according to a prioritized list, and deletes related pro-        
   visions. Adds a statement to the short form power of attorney that          
   explains when the requirement of an additional witness applies.             
        SENATE AMENDMENT NO. 2.                                                
        Changes one of the criteria for determining whether  a  principal      
   is  considered  incapacitated,  as  an alternative to that principal's      
   being under a legal disability under  the  Probate  Act  of  1975,  by      
   requiring that the principal lack decision making capacity (instead of      
   requiring  that the principal be unable to give prompt and intelligent      
   consideration to financial affairs). Provides a cause of action for an      
   agent who is required to provide records of  receipts,  disbursements,      
   and significant actions taken under the authority of an agency and the      
   disclosure  produces  no evidence of wrongdoing. Requires the agent to      
   name as defendant the person who reported a suspicion of wrongdoing to      
   an agency designated to receive such reports  or  the  agency  itself.      
   Entitles the agent to reasonable attorney fees and costs as determined      
   by the circuit court in its discretion.                                     
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes a provision that permits an agent to bring a civil action      
   to recover costs incurred if a disclosure of records is  required  and      
   no evidence of wrongdoing is discovered.                                    
          FISCAL NOTE, H-AM 1 (Department on Aging)                            
          The Department would not incur any additional costs for this         
          legislation.                                                         
          FISCAL NOTE (Office of the Attorney General)                         
          Other than the burden of representing the agency as to alle-         
          gations of wrongfully requesting certain records from an agent       
          of a disabled person, there is no burden on the A.G.'s Office.       
   00-01-27  S  FIRST READING                                                  
   00-01-27  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   00-02-02  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   00-02-09  S                                 POSTPONED                       
   00-02-16  S                         HELD IN COMMITTEE                       
   00-02-17  S                             AMENDMENT NO. 01-JUDICIARY     S    
   00-02-17  S                                   ADOPTED                       
   00-02-17  S       DO PASS AS AMENDED                  011-000-000   SJUD    
   00-02-17  S  PLACED ON CALENDAR ORDER OF 2ND READING  00-02-22              
   00-02-23  S  FILED WITH SECRETARY                                           
   00-02-23  S                             AMENDMENT NO. 02-SILVERSTEIN        
   00-02-23  S                     AMENDMENT REFERRED TO SRUL                  
   00-02-23  S                             AMENDMENT NO. 02-SILVERSTEIN        
   00-02-23  S                           RULES REFERS TO SJUD                  
   00-02-24  S                             AMENDMENT NO. 02-SILVERSTEIN        
   00-02-24  S                                BE ADOPTED SJUD/011-000-000      
   00-02-24  S  SECOND READING                                                 
   00-02-24  S                             AMENDMENT NO. 02-SILVERSTEIN        
   00-02-24  S                                   ADOPTED                       
   00-02-24  S  PLACED ON CALENDAR ORDER OF 3RD READING  00-02-25              
   00-02-25  S  THIRD READING - PASSED                   058-000-000           
   00-02-25  H  ARRIVE IN HOUSE                                                
   00-02-25  H  HOUSE SPONSOR                            LANG                  
   00-02-25  H  FIRST READING                                                  
   00-02-25  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-03-02  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   00-03-08  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   00-03-08  H                                   ADOPTED                       
   00-03-08  H  DO PASS AMENDED/SHORT DEBATE             011-000-000   HJUA    
   00-03-08  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   00-03-22  H  SECOND READING-SHORT DEBATE                                    
   00-03-22  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   00-03-23  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   00-03-24  S  SECRETARYS DESK - CONCURRENCE            01                    
   00-03-24  S  FILED WITH SECRETARY                                           
   00-03-24  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SILVERSTEIN        
   00-03-24  S                        MOTION REFERRED TO SRUL                  
   00-04-04  S  FISCAL NOTE FILED AS AMENDED             HA 01                 
   00-04-10  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SILVERSTEIN        
   00-04-10  S                           RULES REFERS TO SJUD                  
   00-04-11  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SILVERSTEIN        
   00-04-11  S             BE APPROVED FOR CONSIDERATION SJUD/009-000-000      
   00-04-11  S                         FISCAL NOTE FILED                       
   00-04-12  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SILVERSTEIN        
   00-04-12  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      01/059-000-000        
   00-04-12  S  PASSED BOTH HOUSES                                             
   00-05-11  S  SENT TO THE GOVERNOR                                           
   00-06-09  S  GOVERNOR APPROVED                                              
   00-06-09  S                            EFFECTIVE DATE 00-06-09              
   00-06-09  S  PUBLIC ACT.............................. 91-0790               

   END OF INQUIRY 



 Full Text  Bill Summary