90th General Assembly
Status of HB2367
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CLAYTON-BIGGERT-LYONS,EILEEN-CROSS-LANG, FEIGENHOLTZ AND CURRIE.

(PETERSON)

   755 ILCS 5/1-2.23                                                           
   755 ILCS 5/1-2.24                                                           
   755 ILCS 5/11a-3.1 new                                                      
   755 ILCS 5/11a-3.2 new                                                      
   755 ILCS 5/11a-8          from Ch. 110 1/2, par. 11a-8                      
   755 ILCS 5/11a-8.1 new                                                      
   755 ILCS 5/11a-10.2 new                                                     
   755 ILCS 5/11a-17         from Ch. 110 1/2, par. 11a-17                     
   755 ILCS 5/11a-18         from Ch. 110 1/2, par. 11a-18                     
   755 ILCS 5/11a-18.2 new                                                     
   755 ILCS 5/11a-18.3 new                                                     
   755 ILCS 5/11a-23                                                           
   755 ILCS 5/12-2           from Ch. 110 1/2, par. 12-2                       

        Amends the Probate Act of 1975.  Provides for the designation  by      
   the  current guardian of a disabled adult of a standby guardian to act      
   on an interim basis as guardian upon the death of the current guardian      
   and in other circumstances, for a period of 60 days, allowing time for      
   a petition to be filed and another guardian to be appointed. Provides       
   for the establishment of a short-term guardian  of  the  person  of  a      
   disabled  adult,  to  be designated by the current guardian, to act as      
   guardian for up to 60 days for health or other  reasons.   Establishes      
   procedures and conditions for the appointment of these guardians.           
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that the court may not appoint as a standby guardian and      
   a guardian may not designate as a short term guardian  the  Office  of      
   State  Guardian  or the public guardian without the written consent of      
   either guardian or an authorized representative  of  either  guardian.      
   Provides  that  the  court  shall  apply  the  same  standards used in      
   determining the suitability  of  a  plenary  or  limited  guardian  in      
   determining  the suitability of a standby guardian.  Provides that the      
   petition for a standby guardian shall include the name and address  of      
   any  person  acting  as  an  agent  of  the  disabled person under the      
   Illinois Power of Attorney Act.                                             
          JUDICIAL NOTE, AMENDED                                               
          No increase in the need for the number of judges in the State.       
          FISCAL NOTE, H-AM 1 (Guardianship & Advocacy Commission)             
          This legislation would have no impact on agency expenditures.        
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          755 ILCS 5/11-5.3                                                    
          755 ILCS 5/11-5.4                                                    
          755 ILCS 5/11-8.1                                                    
          755 ILCS 5/11-13.1                                                   
        Further amends the Probate Act of 1975.  Authorizes a guardian of      
   a minor to designate a standby guardian of  the  minor  or  appoint  a      
   short-term  guardian  of  the minor if there is no surviving parent of      
   the minor.  Adds an immediate effective date.                               
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          705 ILCS 105/27.1               from Ch. 25, par. 27.1               
          705 ILCS 105/27.1a              from Ch. 25, par. 27.1a              
          705 ILCS 105/27.2               from Ch. 25, par. 27.2               
          705 ILCS 105/27.2a              from Ch. 25, par. 27.2a              
          755 ILCS 5/11-5                 from Ch. 110 1/2, par. 11-5          
          755 ILCS 5/11-8                 from Ch. 110 1/2, par. 11-8          
          755 ILCS 5/11-14.1              from Ch. 110 1/2, par. 11-14.1       
          755 ILCS 5/21-2                 from Ch. 110 1/2, par. 21-2          
          755 ILCS 5/21-2.04              from Ch. 110 1/2, par. 21-2.04       
          755 ILCS 5/21-2.05              from Ch. 110 1/2, par. 21-2.05       
          755 ILCS 5/21-2.07              from Ch. 110 1/2, par. 21-2.07       
          755 ILCS 5/21-2.08              from Ch. 110 1/2, par. 21-2.08       
          755 ILCS 5/21-2.11              from Ch. 110 1/2, par. 21-2.11       
          755 ILCS 5/21-2.12              from Ch. 110 1/2, par. 21-2.12       
          755 ILCS 5/21-2.13              from Ch. 110 1/2, par. 21-2.13       
          755 ILCS 5/21-2.09 rep.                                              
          755 ILCS 5/21-2.13a rep.                                             
          765 ILCS 305/3                  from Ch. 30, par. 193                
          765 ILCS 305/4                  from Ch. 30, par. 194                
          765 ILCS 315/1                  from Ch. 30, par. 153                
          765 ILCS 1025/2                 from Ch. 141, par. 102               
        Deletes everything.  Reinserts language similar to the  engrossed      
   bill,  amending  the  Probate  Act  of  1975,  which  provides for the      
   designation by the current guardian of a disabled adult of  a  standby      
   guardian  to act on an interim basis as guardian upon the death of the      
   current guardian and in other circumstances, for a period of 60  days,      
   allowing  time  for  a petition to be filed and another guardian to be      
   appointed; provides for the establishment of a short-term guardian  of      
   the  person  of  a  disabled  adult,  to  be designated by the current      
   guardian, to act as guardian for up to 60 days  for  health  or  other      
   reasons; and establishes procedures and conditions for the appointment      
   of  these  guardians.  Further amends the Probate Act of 1975. Changes      
   investments standards for insured  accounts,  municipal  bonds,  notes      
   secured   by   real   estate,   corporate  obligations  and  refunding      
   obligations, life insurance policies, stock, common trust  funds,  and      
   open-end  investment  companies.   Makes  other  changes.   Amends the      
   Statute Concerning Perpetuities to change the definition of "qualified      
   perpetual trust". Amends the Trust Accumulation  Act.   In  provisions      
   listing  situations  to which this Act does not apply changes the last      
   item  from  a  disjunctive  to  a  conjunctive.  Amends  the   Uniform      
   Disposition of Unclaimed Property Act.  Provides that certain deposits      
   of  a  minor's  money  shall  not be presumed abandoned earlier than 5      
   years after the minor attains legal age. Effective September 1, 1998.       
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends that the Uniform Disposition of Unclaimed Property Act      
   bE further amended to add a provision that an account into which money      
   of a minor is deposited pursuant to provisions of the Probate Act of r      
   1975 regarding deposit or investment of money of a ward shall indicate      
   the birth date of the minor.                                                
   97-10-21  H  FILED WITH CLERK                                               
   97-10-28  H  FIRST READING                                                  
   97-10-28  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-11-13  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   98-01-02  H  RE-REFERRED TO RULES COMM/RULE 19(B)     RULES         HRUL    
   98-02-03  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   98-02-19  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   98-02-19  H                                   ADOPTED                       
   98-02-19  H  DO PASS AMENDED/SHORT DEBATE             011-000-000   HJUA    
   98-02-19  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   98-02-19  H  ADDED AS A JOINT SPONSOR                 LYONS,EILEEN          
   98-02-19  H  ADDED AS A CO-SPONSOR                    CROSS                 
   98-02-19  H  ADDED AS A CO-SPONSOR                    BIGGERT               
   98-02-19  H  ADDED AS A CO-SPONSOR                    LANG                  
   98-02-24  H  JUDICIAL NOTE FILED AS AMENDED                                 
   98-02-24  H  FISCAL NOTE FILED AS AMENDED                                   
   98-02-24  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-02-26  H                             AMENDMENT NO. 02-CURRIE             
   98-02-26  H                     AMENDMENT REFERRED TO HRUL                  
   98-02-26  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-03-19  H                             AMENDMENT NO. 02-CURRIE             
   98-03-19  H             BE APPROVED FOR CONSIDERATION HRUL/003-002-000      
   98-03-19  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-03-23  H  SECOND READING-SHORT DEBATE                                    
   98-03-23  H                             AMENDMENT NO. 02-CURRIE             
   98-03-23  H                                   ADOPTED                       
   98-03-23  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   98-03-23  H  ADDED AS A CO-SPONSOR                    FEIGENHOLTZ           
   98-03-23  H  ADDED AS A CO-SPONSOR                    CURRIE                
   98-03-24  H  THIRD READING/SHORT DEBATE/PASSED        114-000-000           
   98-03-25  S  ARRIVE IN SENATE                                               
   98-03-25  S  PLACED CALENDAR ORDER OF FIRST READING                         
   98-03-25  S  CHIEF SPONSOR                            PETERSON              
   98-03-25  S  FIRST READING                                                  
   98-03-25  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   98-04-01  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   98-04-22  S                                 POSTPONED                       
   98-04-29  S                                 POSTPONED                       
   98-05-05  S                             AMENDMENT NO. 01-JUDICIARY     S    
   98-05-05  S                                   ADOPTED                       
   98-05-05  S       DO PASS AS AMENDED                  006-000-000   SJUD    
   98-05-05  S  PLACED ON CALENDAR ORDER OF 2ND READING  98-05-06              
   98-05-06  S  SECOND READING                                                 
   98-05-06  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-05-07              
   98-05-07  S  THIRD READING - PASSED                   057-000-000           
   98-05-07  H  ARRIVE IN HOUSE                                                
   98-05-07  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   98-05-12  H  MOTION FILED CONCUR                      01/CLAYTON            
   98-05-12  H                        MOTION REFERRED TO HRUL                  
   98-05-12  H  CALENDAR ORDER OF CONCURRENCE            01                    
   98-05-18  H                           RULES REFERS TO HJUA/01               
   98-05-18  H  CALENDAR ORDER OF CONCURRENCE            01                    
   98-05-20  H  APPROVED FOR CONSIDERATION - COMPLIANCE  01/010-000-000        
   98-05-20  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      01/116-000-000        
   98-05-20  H  PASSED BOTH HOUSES                                             
   98-06-18  H  SENT TO THE GOVERNOR                                           
   98-08-14  H  GOVERNOR AMENDATORY VETO                                       
   98-08-14  H  PLACED CALENDAR AMENDATORY VETO          NOVEMBER 17, 1998     
   98-11-17  H  MOTION FILED ACCEPT AMENDATORY VETO      #1/CLAYTON            
   98-11-17  H                        MOTION REFERRED TO HRUL                  
   98-11-17  H  APPROVED FOR CONSIDERATION - COMPLIANCE  #1/HRUL               
   98-11-17  H                         3/5 VOTE REQUIRED                       
   98-11-17  H  ACCEPT AMENDATORY VETO - HOUSE PASSED    113-000-000           
   98-11-19  S  PLACED CALENDAR AMENDATORY VETO          DECEMBER 1, 1998      
   98-11-19  S  MOTION FILED ACCEPT AMENDATORY VETO      PETERSON              
   98-12-02  S  ACCEPT AMENDATORY VETO - SENATE PASSED   056-000-000           
   98-12-02  H  BOTH HOUSES ACCEPT AMENDATORY VETO                             
   98-12-11  H  RETURNED TO GOVERNOR FOR CERTIFICATION                         
   98-12-15  H  GOVERNOR CERTIFIES CHANGES                                     
   98-12-15  H                            EFFECTIVE DATE 98-12-15              
   98-12-15  H  PUBLIC ACT.............................. 90-0796               

   END OF INQUIRY 



 Full Text  Bill Summary