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ISBA Statehouse Review for the week of August 18, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Income shares and child support. Public Act 99-764, Parentage Act of 2015. Public Act 99-769, IMDMA cleanup. Public Act 99-763, Revised Uniform Fiduciary Access to Digital Assets Act (2015). Public Act 99-775 and Personal guardian. Public Act 99-821.

More information on each bill is available below the video.

Income shares and child support. Public Act 99-764 (Kelly Burke, D-Oak Lawn; Hastings, D-Matteson) moves Illinois into the majority of other states that have an “income shares” model for adjudicating child support. Effective July 1, 2017. 

Parentage Act of 2015. Public Act 99-769 (Burke; Oak Lawn; Mulroe, D-Chicago) makes a number of technical corrections to the recent Parentage Act. For example, it requires personal information of children and parents to comply with federal law but requires that this information be non-public. Effective January 1, 2017.

IMDMA cleanup. Public Act 99-763 (Kelly Burke, D-Oak Lawn; Mulroe, D-Chicago) is a cleanup of last year’s rewrite of the IMDMA for such things as referring to a section that no longer exists and correcting cross-references. It does contain some clarifying changes that may be considered as substantive, such as the following. (1) Clarifies for post-educational expenses that the guide is “in-state” tuition at the University of Illinois at Urbana-Champaign. (2) Clarifies that the 25-mile standard on relocation is based on an “internet mapping service.” (3) Clarifies the two-year ban from amending a judgment applies only to “parental decision-making responsibilities” and doesn’t apply to “parenting-time” provisions. (4) Clarifies that a respondent who doesn’t file an appearance is not required to file a parenting plan unless specifically ordered to do so by the court. (5) It also includes a new Article 7 of the Parentage Act of 2015 affecting artificial reproduction that replaces the current Article that is considered to be outdated. Effective January 1, 2017.

Revised Uniform Fiduciary Access to Digital Assets Act (2015). Public Act 99-775 (Welch, D-Westchester; Connelly, R-Lisle) provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Effective August 12, 2016.

Personal guardian. Public Act 99-821 (Fine, D-Glenview; Silverstein, D-Chicago) amends the personal guardian statute in the Probate Code. If there is no court order to the contrary, requires the guardian to use reasonable efforts to notify the ward’s known adult children, who have requested notification and provided contact information, of the ward’s admission to a hospital or hospice program, the arrangements for the disposition of the ward’s remains, or the ward’s death.

If a guardian unreasonably prevents an adult child of the ward from visiting the ward, the court, upon a verified petition by an adult child, may order the guardian to permit visitation between the ward and the adult child if the court finds that the visitation is in the ward’s best interests. In making its determination, the court shall consider the standards set forth in current law. subsection (e) of this Section. This new subsection (g) does not apply to duly appointed Public Guardians and the Office of State Guardian. Effective January 1, 2017.

Posted on August 18, 2016 by Chris Bonjean
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