Full Text of SB1930 96th General Assembly
SB1930ham001 96TH GENERAL ASSEMBLY
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Executive Committee
Filed: 5/14/2009
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09600SB1930ham001 |
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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 | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Probate Act of 1975 is amended by adding | 5 |
| Section 2-6.7 as follows: | 6 |
| (755 ILCS 5/2-6.7 new) | 7 |
| Sec. 2-6.7. Long-term care facility owner or employee. | 8 |
| (a) For purposes of this Section, the terms | 9 |
| "administrator", "long-term
care facility", "immediate | 10 |
| family", "owner", and "resident" shall have the meanings | 11 |
| ascribed to those terms in Article I of the Nursing Home Care | 12 |
| Act. | 13 |
| (b) An owner, licensee, administrator, employee, or agent | 14 |
| of a long-term care facility
shall not receive upon the death | 15 |
| of a resident of the long-term care facility any property, | 16 |
| benefit, or other interest by reason of the resident's death, |
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09600SB1930ham001 |
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LRB096 11261 AJO 26424 a |
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| whether as legatee, beneficiary, joint tenant, survivor, | 2 |
| appointee or in any other capacity and whether the property, | 3 |
| benefit, or other interest passes pursuant to any form of title | 4 |
| registration, testamentary or nontestamentary instrument, | 5 |
| intestacy, renunciation, or any other circumstance. The | 6 |
| property, benefit, or other interest shall pass as if the | 7 |
| owner, licensee, administrator, employee, or agent of the | 8 |
| long-term care facility died before the decedent, provided that | 9 |
| with respect to joint tenancy property the interest possessed | 10 |
| prior to the resident's death by the owner, licensee, | 11 |
| administrator, employee, or agent of the long-term care | 12 |
| facility shall not be diminished by the application of this | 13 |
| Section. | 14 |
| (c) Subsection (b) shall not apply if the decedent was a | 15 |
| part of the immediate family
of the owner, licensee, | 16 |
| administrator, employee, or agent of the long-term care | 17 |
| facility in which the decedent was a resident. | 18 |
| (d) The holder of any property subject to the provisions of | 19 |
| this Section shall not be
liable for distributing or releasing | 20 |
| said property to the owner, licensee, administrator, employee, | 21 |
| or agent of a long-term care facility if such distribution or | 22 |
| release occurs without the holder having knowledge of the | 23 |
| application of this Section to the property. ".
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