Child Law

(Davis, D-East Hazel Crest) amends the Probate Act of 1975 to provide that a person may not act as the guardian of an adult with a disability until he or she has completed a training program developed by the State Guardian or by another suitable provider approved by the court. Exempts public guardians, state guardians, attorneys currently authorized to practice law, and persons who are certified as National Certified Guardians by the Center for Guardianship Certification. Provides that the Governor may designate, without the advice and consent of the Senate, the Office of State Guardian as an interim public guardian to fill a vacancy in one or more counties. Makes other changes. It has just been introduced.

(Moeller, D-Elgin) repeals a section in the Code of Civil Procedure concerning notice by publication requirements in a petition for change of name. Provides that in any application for a change of name involving a minor, before a judgment granting a change of name may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights have not been previously terminated and to any person who has been allocated parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act. Provides that notice and an opportunity to be heard shall be given to persons outside this State as specified in other provisions of the Code.

Amends the IMDMA to provide that unless the person whose marriage is dissolved or declared invalid requests otherwise, the court order shall contain a provision authorizing the person to resume the use of his or her former or maiden name, should he or she choose to do so, at any time he or she chooses to do so (instead of "upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored.").

(Martwick, D-Chicago) provides that one of the persons who performed the evaluations upon which the report relating to the adjudication of disability is based shall be a licensed physician unless the evaluation and report are completed by a licensed clinical psychologist and the evaluation is limited to the respondent’s mental condition. It just has been introduced. 

(Hutchinson, D-Chicago Heights) creates the Business Opportunity Tax that imposes a tax on all entities that issue a Form W-2 or a Form 1099 to a resident of Illinois. It imposes a sliding scale of taxation based on the employer’s total Illinois payroll as follows. (1) if the taxpayer’s total Illinois payroll for the taxable year is less than $100,000, then the annual tax is $225; (2) if the taxpayer’s total Illinois payroll for the taxable year is $100,000 or more but less than $250,000, then the annual tax is $750; (3) if the taxpayer’s total Illinois payroll for the taxable year is $250,000 or more but less than $500,000, then the annual tax is $3,750; (4) if the taxpayer’s total Illinois payroll for the taxable year is $500,000 or more but less than $1,500,000, then the annual tax is $7,500; and (5) if the taxpayer’s total Illinois payroll for the taxable year is $1,500,000 or more, then the annual tax is $15,000.

The following are exempt from taxation under this Act: (1) governmental employers described in Section 707 of the Illinois Income Tax Act; and (2) not-for-profit corporations that are exempt from taxation under Sections 501(c) or 501(d) of the Internal Revenue Code or organized under the General Not For Profit Corporation Act of 1986. Senate Amendment No. 2 becomes the bill and was just filed. It is part of the “grand bargain” being attempted by Senate leaders.

(Moylan, D-Des Plaines) allows a petition for an order of protection to be filed by the State's Attorney on behalf of a person who has been abused by a family or household member. The court may, on its own motion, on behalf of a person who has been abused by a family or household member issue an order of protection. Lengthens the duration of plenary order of protection in a criminal case to no longer than 10 years after sentence completion (rather than two years). House Bill 280 has just been introduced.