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ISBA Statehouse Review for the week of February 25, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Guardianship of a disabled adult (House Bills 2504, 2505 and 2506), Municipalities and bankruptcy (House Bill 298), The Probate Act of 1975 (House Bill 1332), Court-appointed counsel (House Bill 1417), The Security Deposit Interest Act (House Bill 1319) and IMDMA and dissipation (House Bill 1520). More information on each bill is available below the video.

Guardianship of a disabled adult. House Bill 2504 (David Harris, R-Arlington Heights) amends the Probate Act of 1975 affecting disabled adults on the length of a temporary guardianship. It provides that an extension of the guardianship may be granted, if specified conditions are met, for no longer than 90 (instead of 120) days. Provides that only one extension may be allowed from the date the temporary guardian was originally appointed. Just introduced and referred to House Rules Committee.

Guardianship of a disabled adult. House Bill 2505 (David Harris, R-Mount Prospect) amends the Probate Act of 1975 affecting disabled adults. It provides that a temporary guardian has the limited powers and duties (instead of “all of the powers and duties”) of a guardian of the person or of the estate that are specifically enumerated by court order. Just introduced and referred to House Rules Committee.

Guardianship of a disabled adult. House Bill 2506 (David Harris, R-Mount Prospect) amends the Probate Act of 1975 affecting disabled adults. It provides that unless a guardian of the person of a disabled adult is specifically authorized by court order, the guardian may not restrict the personal rights of the ward, including, but not limited to, the right to receive visitors, telephone calls, and personal mail. Just introduced and referred to House Rules Committee.

Municipalities and bankruptcy. House Bill 298 (Sandack, R-Lombard) amends the Illinois Municipal Code to allow a municipality to file bankruptcy under federal laws. Assigned to House Judiciary Committee (Civil).

The Probate Act of 1975. House Bill 1332 (Zalewski, D-Chicago) authorizes a licensed clinical psychologist, in lieu of a licensed physician, to sign a report relating to the adjudication of disability if the evaluation is limited to the respondent’s mental condition. Referred to House Judiciary Committee (Civil).

Court-appointed counsel. House Bill 1417 (Christian Mitchell, D-Chicago) allows a court, on the motion of court-appointed counsel, to conduct a hearing on the amount of payment to court-appointed counsel. Under current law the State’s Attorney or the court may now make this motion. This bill adds the court-appointed counsel as well. Assigned to House Rules Committee.

The Security Deposit Interest Act. House Bill 1319 (Lang, D-Skokie) provides that the requirement that a lessor pay accumulated interest within 30 days after the end of each 12-month rental period applies to interest that has accumulated to an amount of $5 or more. Requires that the lessor pay all interest that has accumulated and remains unpaid, regardless of the amount, upon termination of the tenancy. Assigned to House Judiciary Committee (Civil).

IMDMA and dissipation. House Bill 1520 (Pritchard, R-Sycamore) provides that in determining the issue of dissipation, the court may consider a party’s conviction for domestic battery, aggravated domestic battery, violation of an order of protection, or any forcible felony in which the victim was the opposing party in the proceedings. Assigned to House Rules Committee.

Posted on Feb 25, 2015 by Chris Bonjean | Comments (0)
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