SB1930ham001 96TH GENERAL ASSEMBLY

Executive Committee

Filed: 5/14/2009

09600SB1930ham001 LRB096 11261 AJO 26424 a

AMENDMENT TO SENATE BILL 1930

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

"Section 5. The Probate Act of 1975 is amended by adding Section 2-6.7 as follows:

(755 ILCS 5/2-6.7 new)

Sec. 2-6.7. Long-term care facility owner or employee.

(a) For purposes of this Section, the terms "administrator", "long-term care facility", "immediate family", "owner", and "resident" shall have the meanings ascribed to those terms in Article I of the Nursing Home Care Act.

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

(c) Subsection (b) shall not apply if the decedent was a part of the immediate family of the owner, licensee, administrator, employee, or agent of the long-term care facility in which the decedent was a resident.

(d) The holder of any property subject to the provisions of this Section shall not be liable for distributing or releasing said property to the owner, licensee, administrator, employee, or agent of a long-term care facility if such distribution or release occurs without the holder having knowledge of the application of this Section to the property.".