Elder Law

(Didech, D-Highwood; Crowe, D-Wood River) amends the Illinois Partition Act to create a new set of procedures regulating the partition of property held in tenancy in common by one or more cotenants who are related or who acquired an interest in the property from a person related to the tenant by blood, marriage, or adoption.  The Act applies only if one or more of the following conditions exist:

(1) 20 percent or more of the interests are held by cotenants who are related; (2)  20 percent or more of the interests are held by an individual or related entity who acquired title from a relative during the relative’s life or at death; or (3) 20 percent of the cotenants are relatives.

If the Act applies, the court is required to determine the fair market value of the property and give the cotenants who do not seek a partition of the property by sale the opportunity to purchase the interest of any cotenant who seeks to partition the property by sale. If no cotenant purchases the property and the property is not susceptible to being partitioned in kind, the Act provides the method by which the property is to be sold and costs apportioned.

Passed both chambers.

(Fine, D-Glenview; Morgan, D-Highwood) amends the medical cannabis law to expand the definition of “debilitating medical condition” to include autism, chronic pain, irritable bowel syndrome, migraines, osteoarthritis, anorexia nervosa, Ehlers-Danlos Syndrome, Neuro-Behcet’s Autoimmune Disease, neuropathy, polycystic kidney disease, and superior canal dehiscence syndrome. “Certifying health care professional” is redefined to mean a physician, an advanced practice registered nurse, or a physician assistant. Passed both chambers. If signed into law by the Governor, it takes effect immediately. 

(Cassidy, D-Chicago; Steans, D-Chicago) decriminalizes possession of small amounts of cannabis and replaces it with a tax and regulation system. A resident of Illinois (21 or older) may purchase cannabis products and possess 30 grams of cannabis flower, no more than 500 mg of THC in cannabis-infused product, and five grams of cannabis concentrate. It creates an automatic expungement through the governor’s clemency process for convictions up to 30 grams. For amounts of 30-500 grams, the state’s attorney or the individual can petition the court to vacate the conviction. Makes other changes. Passed both chambers. If signed into law, it takes effect on January 1, 2020. A more comprehensive summary may be found at the Marijuana Policy Project here. 

(Harmon, D-Oak Park; Zalewski, D-Chicago) creates a licensed activity of the “practice of voice writer reporting.” This means reporting by the use of a system of repeating words of the speaker into a closed-microphone voice-dictation silencer that is capable of digital translation into text. It could be used for grand jury proceedings, court proceedings, court-related proceedings, pretrial examinations, depositions, motions, and related proceedings of like character. Passed both chambers. 

(Mason, D-Gurnee; Bush, D-Grayslake) provides that a consumer age 65 and older has 15, rather than three, business days within which to cancel a contract if the sale is made at the consumer’s home. Limits this 15-day right of cancellation to purchases made from an uninvited solicitor. Passed both chambers. 

(Bush, D-Grayslake; Ann Williams, D-Chicago) prohibits an employer from requiring an employee or prospective employee as a precondition of employment to enter into an agreement or waiver that (1) prevents him or her from disclosing alleged unlawful employment practices, including sexual harassment, discrimination or retaliation; or (2) requires him or her to waive, arbitrate, or otherwise diminish any future claim related to unlawful employment practices. Voids any agreement or waiver to the extent it denies a substantive or procedural right or remedy. 

It does allow the parties to enter into: (1) an agreement or waiver if mutually agreed to and complies with certain disclosure and reporting requirements; and (2) a valid and enforceable confidential settlement agreements related to alleged unlawful employment practices if the parties comply with certain requirements designed to protect the employee and prospective employee. Provides for attorney’s fees and costs for a violation of the Act.

Amends The Human Right Act by defining “harassment” and prohibiting harassment and sexual harassment of nonemployees in the workplace. Holds the employer responsible for harassment or sexual harassment of nonemployees under certain conditions. Amends unlawful discrimination to be what is “actual or perceived” in the context of race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from the military. Expands “working environment” to be outside of the physical location to which an employee is assigned to perform their duties. Creates employer disclosure requirements regarding settlements of such claims. Requires the Illinois Department of Human Rights to develop a model sexual harassment prevention training program and to make it available to employers online at no cost. Every employer must use the model created or develop their own that must be the same or better than the Department’s and train their employees on a yearly basis subject to civil penalties for non-compliance. Provides for additional training and safety measures for employees of restaurants and bars to be available in English and Spanish.   

Amends The Victims’ Economic Security and Safety Act to define “gender violence” and include it as an entitlement for leave from employment that currently includes only domestic violence and sexual violence. 

Passed both chambers. Effective January 1, 2020. 

(Mazzochi, R-Westmont) authorizes Cook County to allow a corporation or limited liability company to appear at an administrative hearing proceeding through an officer, a board member, a shareholder with a controlling interest in the corporation, a shareholder of an S corporation, or a member of an limited liability company with power to bind the corporation. It exempts appearances in “contested property tax proceedings.” On second reading in the House. 

(Martwick, D-Chicago) amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Allows a licensed clinical psychologist to be one of the persons who may perform the evaluations upon which the report relating to the adjudication of disability is based. Now, only a licensed physician may do this. Referred to House Rules Committee. 

(Bourne, R-Litchfield) requires that any dispute concerning the right to control the disposition of a decedent's remains be resolved by a court within 30 days of the dispute being filed with the court. House Bill 1455 was just introduced.