Executive Committee
Filed: 5/14/2009
 
 

 




 

 		












09600SB1930ham001

LRB096 11261 AJO 26424 a






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AMENDMENT TO SENATE BILL 1930




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    AMENDMENT NO. ______. Amend Senate Bill 1930, by replacing 
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everything after the enacting clause with the following: 

 
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    "Section 5. The Probate Act of 1975 is amended  by adding 
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Section 2-6.7 as follows:
 
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    (755 ILCS 5/2-6.7  new)
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    Sec. 2-6.7. Long-term care facility owner or employee.
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    (a)        For purposes of this Section,  the terms 
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"administrator", "long-term

care facility", "immediate 
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family", "owner", and "resident" shall have the meanings 
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ascribed to those terms in Article I of the Nursing Home Care 
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Act.
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    (b)     An owner, licensee, administrator, employee, or agent 
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of a long-term care facility

shall not receive upon the death 
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of a resident of the long-term care facility any property, 
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benefit, or other interest by reason of the resident's death, 
 


 






09600SB1930ham001
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LRB096 11261 AJO 26424 a




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whether as legatee, beneficiary, joint tenant, survivor, 
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appointee or in any other capacity and whether the property, 
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benefit, or other interest passes pursuant to any form of title 
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registration, testamentary or nontestamentary instrument, 
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intestacy, renunciation, or any other circumstance. The 
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property, benefit, or other interest shall pass as if the 
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owner, licensee, administrator, employee,  or agent of the 
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long-term care facility died before the decedent, provided that 
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with respect to joint tenancy property the interest possessed 
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prior to the resident's death by the owner, licensee, 
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administrator, employee, or agent of the long-term care 
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facility shall not be diminished by the application of this 
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Section.
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    (c)      Subsection (b) shall not apply if the decedent was a 
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part of the immediate family

of the owner, licensee, 
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administrator, employee, or agent of the long-term care 
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facility in which the decedent was a resident.
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    (d)   The holder of any property subject to the provisions of 
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this Section shall not be

liable for distributing or releasing 
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said property to the owner, licensee, administrator, employee, 
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or agent of a long-term care facility if such distribution or 
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release occurs without the holder having knowledge of the 
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application of this Section to the property.".