Elder Law

Public Act 99-599

Topic: 
Short-term guardian

(Bellock, R-Westmont; Althoff, R-McHenry) allows a parent or guardian who is serving in the armed forces and on active duty to appoint a short-term guardian for more than 365 days. This appointment may not exceed the period of active duty service plus 30 days. Effective January 1, 2017.

 

House Bill 4633

Topic: 
Unclaimed Life Insurance Benefits Act

(Martwick, D-Chicago; Haine, D-Alton) requires insurers to periodically use the federal Death Master File to determine if a policyholder has died but the death benefits have not been made. If a match is found but the beneficiaries do not file a claim within 120 days, the insurer is required to make a good-faith effort to locate them. This Act will apply to all policies, annuity contracts, and retained asset accounts in force on after January 1, 2017. Passed both chambers. 

House Bill 4633

Topic: 
Unclaimed Life Insurance Benefits

House Bill 4633 (Martwick, D-Chicago; Haine, D-Alton) requires insurers to periodically use the federal Death Master File to determine if a policyholder has died but the death benefits have not been made. If a match is found but the beneficiaries do not file a claim within 120 days, the insurer is required to make a good-faith effort to locate them. This Act will apply to all policies, annuity contracts, and retained asset accounts in force on after January 1, 2017. Passed both chambers. 

Public Act 99-503

Topic: 
Personal Information Protection Act

(Biss, D-Skokie; Williams, D-Chicago) makes the following changes to the Act.

(1) Expands the definition of protected “personal information” to include a person’s first name or first initial and the last name that is encrypted or redacted but the unlocking keys have been breached if one of several “data elements” have also been unlawfully acquired. (2) Expands “data elements” to include medical information, health insurance information, unique biometric data. (3) Expands protected “personal information” to include user name or email address and password or security question information that permits a person’s online accounts to be breached. (4) Requires a data collector that owns or licenses, or maintains or stores but does not own or license, records that contain personal information of Illinois resident to implement and maintain reasonable security measures to protect those records from unauthorized access or use. (5) Compliance with the federal HIPAA complies with this Act as long as the covered entity provides notice of a breach to the Illinois Attorney General within notifying the Secretary of Health and Human Services. Effective January 1, 2017. 

House Bill 5607

Topic: 
Unclaimed U.S. savings bonds

(Lang, D-Skokie; Link, D-Gurnee) amends the Uniform Disposition of Unclaimed Property Act. It presumes that a United States savings bond is presumed abandoned if the bond has remained unclaimed and unredeemed for five years after its date of final extended maturity. Establishes a procedure by which the State Treasurer may obtain a judicial determination that the bond has escheated to the State. Passed both chambers. 

Not applicable

Topic: 
Statutory Court Fee Task Force

The Access to Justice Act created the Statutory Court Fee Task Force to study the current system of fees, fines, and other court costs and propose recommendations to the Illinois General Assembly and Illinois Supreme Court. Its report may be found at the URL below. 

House Bill 4648

Topic: 
Fiduciary access to digital assets

(Welch, D-Westchester; Connelly, R-Lisle) creates the Revised Uniform Fiduciary Access to Digital Assets Act (2015). This is a big bill for transactional and estate-planning lawyers, and it has an immediate effective date so that it becomes law if and when the Governor signs it. House Bill 4648 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. Passed both chambers

Senate Bill 3162

Topic: 
E-business filing fee

(Harmon, D-Oak Park; Cassidy, D-Chicago) requires circuit court clerks to collect a $9 “e-business” fee against all civil litigants. Exempts motions for change of venue and appeals from administrative agencies. After January 1, 2022 the law-library filing fee of $21 is reduced to $20 and the children's waiting room fee of $10 is reduced to $8. After January 1, 2022 the ceiling that the county board may not exceed for a civil filing fee is reduced by $6 for all counties. Passed both chambers.