Bill Status of SB 159   99th General Assembly

Short Description:  POWER OF ATTORNEY ACT-VARIOUS

Senate Sponsors
Sen. William R. Haine-Don Harmon and Michael E. Hastings

House Sponsors
(Rep. Ann M. Williams and Al Riley)


Last Action  View All Actions

DateChamber Action
  8/10/2015SenatePublic Act . . . . . . . . . 99-0328

Statutes Amended In Order of Appearance
735 ILCS 5/8-2001from Ch. 110, par. 8-2001

Synopsis As Introduced
Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the examination of health care records.

Senate Floor Amendment No. 1
Deletes reference to:
735 ILCS 5/8-2001
Adds reference to:
755 ILCS 45/4-5.1
755 ILCS 45/4-10from Ch. 110 1/2, par. 804-10

Replaces everything after the enacting clause. Amends the Illinois Power of Attorney Act. Provides that a psychologist may not witness the signing of a health care agency; removes that prohibition for mental health providers generally. Adds an option on the short form power of attorney for health care for a principal to select whether the agent can have access to the principal's medical records and information. Adds language directing the health care provider to consult the health care agent. Permits an agent to pursue applications for government benefits made during a principal's lifetime when no administrator or executor is acting on behalf of the principal's estate. Relocates provisions concerning successor agents to a different location in the form. Adds an option allowing the principal to nominate the agent as the guardian of the principal's person, should one become necessary. 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.

House Committee Amendment No. 1
Deletes reference to:
735 ILCS 5/8-2001
Adds reference to:
755 ILCS 45/4-5.1
755 ILCS 45/4-10from Ch. 110 1/2, par. 804-10
755 ILCS 45/4-12from Ch. 110 1/2, par. 804-12

Replaces everything after the enacting clause. Amends the Illinois Power of Attorney Act. Provides that a psychologist may not witness the signing of a health care agency; removes that prohibition for mental health providers generally. Adds an option on the short form power of attorney for health care for a principal to select whether the agent can have access to the principal's medical records and information. Permits an agent to pursue applications for government benefits made during a principal's lifetime when no administrator or executor is acting on behalf of the principal's estate. Relocates provisions concerning successor agents to a different location in the form. Adds an option allowing the principal to nominate the agent as the guardian of the principal's person, should one become necessary. 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. Provides that changes made by this amendatory Act do not invalidate any health care agency created before the effective date of this amendatory Act or affect any action taken or right accrued before the effective date of this amendatory Act. Effective January 1, 2016.

Actions 
DateChamber Action
  1/28/2015SenateFiled with Secretary by Sen. John J. Cullerton
  1/28/2015SenateFirst Reading
  1/28/2015SenateReferred to Assignments
  3/18/2015SenateAssigned to Executive
  3/26/2015SenateDo Pass Executive; 016-000-000
  3/26/2015SenatePlaced on Calendar Order of 2nd Reading April 14, 2015
  4/15/2015SenateSecond Reading
  4/15/2015SenatePlaced on Calendar Order of 3rd Reading April 16, 2015
  4/16/2015SenateChief Sponsor Changed to Sen. William R. Haine
  4/16/2015SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  4/17/2015SenateAdded as Co-Sponsor Sen. Michael E. Hastings
  4/17/2015SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  4/17/2015SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/21/2015SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/22/2015SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 011-000-000
  4/22/2015SenateRecalled to Second Reading
  4/22/2015SenateSenate Floor Amendment No. 1 Adopted; Haine
  4/22/2015SenatePlaced on Calendar Order of 3rd Reading
  4/22/2015SenateThird Reading - Passed; 057-000-000
  4/23/2015HouseArrived in House
  4/23/2015HouseChief House Sponsor Rep. Ann M. Williams
  4/23/2015HouseFirst Reading
  4/23/2015HouseReferred to Rules Committee
  5/4/2015HouseAdded Alternate Co-Sponsor Rep. Al Riley
  5/4/2015HouseAssigned to Judiciary - Civil Committee
  5/5/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams
  5/5/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/8/2015HouseCommittee Deadline Extended-Rule 9(b) May 15, 2015
  5/11/2015HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  5/13/2015HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  5/13/2015HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  5/13/2015HousePlaced on Calendar 2nd Reading - Short Debate
  5/18/2015HouseSecond Reading - Short Debate
  5/18/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/19/2015HouseThird Reading - Short Debate - Passed 115-000-000
  5/20/2015SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/20/2015SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 21, 2015
  5/27/2015SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/27/2015SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/27/2015SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/28/2015SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
  5/31/2015SenateHouse Committee Amendment No. 1 Senate Concurs 059-000-000
  5/31/2015SenateSenate Concurs 059-000-000
  5/31/2015SenatePassed Both Houses
  6/29/2015SenateSent to the Governor
  8/10/2015SenateGovernor Approved
  8/10/2015SenateEffective Date January 1, 2016
  8/10/2015SenatePublic Act . . . . . . . . . 99-0328

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