Illinois 102nd Regular Session Status: Enacted Bipartisan · 7 R · 4 D cosponsors

HB 266 — PROBATE-GUARDIAN-DECISIONS

Last action — Public Act . . . . . . . . . 102-0258

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 25, 2021. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 19 sponsors

    2 primary, 17 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 R · 4 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Deletes language providing that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Provides instead that decisions by the guardian shall conform to the ward's current preferences so long as such decisions give substantial weight to what the ward would have done or intended under the circumstances. Effective immediately.

Bill Text

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Public Act . . . . . . . . . 102-0258

  2. Effective Date August 6, 2021

  3. Governor Approved

  4. Sent to the Governor

  5. Added Co-Sponsor Rep. Amy Elik

  6. Passed Both Houses

  7. House Concurs

  8. Senate Committee Amendment No. 1 House Concurs 118-000-000

  9. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000

  10. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  11. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Thomas M. Bennett

  12. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  13. Arrived in House

  14. Third Reading - Passed; 059-000-000

  15. Placed on Calendar Order of 3rd Reading ** May 28, 2021

  16. Placed on Calendar Order of 3rd Reading May 24, 2021

  17. Second Reading

  18. Placed on Calendar Order of 2nd Reading May 20, 2021

  19. Do Pass as Amended Judiciary; 007-000-000

  20. Senate Committee Amendment No. 1 Adopted

  21. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  22. Senate Committee Amendment No. 1 Referred to Assignments

  23. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman

  24. Assigned to Judiciary

  25. Referred to Assignments

  26. First Reading

  27. Chief Senate Sponsor Sen. Jason A. Barickman

  28. Placed on Calendar Order of First Reading

  29. Arrive in Senate

  30. Third Reading - Consent Calendar - Passed 108-000-000

  31. Added Co-Sponsor Rep. Norine K. Hammond

  32. Added Co-Sponsor Rep. Tony McCombie

  33. Added Co-Sponsor Rep. Thomas Morrison

  34. Placed on Calendar Order of 3rd Reading - Consent Calendar

  35. Held on Calendar Order of Second Reading - Consent Calendar

  36. Second Reading - Consent Calendar

  37. Added Co-Sponsor Rep. Chris Bos

  38. Added Co-Sponsor Rep. Mark Batinick

  39. Added Co-Sponsor Rep. Patrick Windhorst

  40. Added Co-Sponsor Rep. Deanne M. Mazzochi

  41. Placed on Calendar 2nd Reading - Consent Calendar

  42. Added Co-Sponsor Rep. Terra Costa Howard

  43. Added Co-Sponsor Rep. Ann M. Williams

  44. Added Co-Sponsor Rep. Jay Hoffman

  45. Added Co-Sponsor Rep. Daniel Didech

  46. Added Co-Sponsor Rep. David A. Welter

  47. Added Co-Sponsor Rep. Dan Ugaste

  48. Added Co-Sponsor Rep. Martin McLaughlin

  49. Added Co-Sponsor Rep. Seth Lewis

  50. Do Pass / Consent Calendar Judiciary - Civil Committee; 016-000-000

  51. Added Co-Sponsor Rep. Jonathan Carroll

  52. Assigned to Judiciary - Civil Committee

  53. Referred to Rules Committee

  54. First Reading

  55. Filed with the Clerk by Rep. Thomas M. Bennett

Sponsors

Sponsorship breakdown

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2 sponsors · 17 co-sponsors · 164 not signed on

Sponsors (2)

  • Thomas M. Bennett
  • Jason A. Barickman

Co-sponsors (17)

Not signed on (164)

164 members have not signed on to this bill.

Show all 164 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 118 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democrat 54000
Republican 26000
Total 118000
% of votes cast 100%0%0%0%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ozinga — Yea
Batinick — Yea
Ramirez — Yea
Bennett — Yea
Bos — Yea
Bourne — Yea
Robinson — Yea
Harris — Yea
Brady — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Sommer — Yea
Hurley — Yea
Caulkins — Yea
Jones — Yea
Conroy — Yea
Stoneback — Yea
Luft — Yea
D'Amico — Yea
Davis — Yea
Marron — Yea
Demmer — Yea
Welter — Yea
Mazzochi — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Yingling — Yea
Zalewski — Yea
Greenwood — Yea
Costa Howard — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Aarón M. Ortíz Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Edgar González, Jr. Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Jackie Haas Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
Martin McLaughlin Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Paul Jacobs Republican Yea
Ryan Spain Republican Yea
Seth Lewis Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Third Reading

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 14000
Unaffiliated 19000
Democrat 26000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Stewart — Yea
Bush — Yea
Stoller — Yea
Landek — Yea
Connor — Yea
Crowe — Yea
Cullerton, T. — Yea
Muñoz — Yea
Pacione-Zayas — Yea
Gillespie — Yea
Harris — Yea
Bailey — Yea
Barickman — Yea
Bennett — Yea
Johnson — Yea
Glowiak Hilton — Yea
Loughran Cappel — Yea
Simmons, Mike — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Third Reading

Passed 108 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 33005
Democrat 50004
Republican 25001
Total 1080010
% of votes cast 92%0%0%8%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ozinga — Yea
Batinick — Yea
Ramirez — Yea
Bennett — Yea
Bos — Yea
Bourne — Yea
Robinson — Yea
Harris — Yea
Brady — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Sommer — Yea
Hurley — Yea
Caulkins — Yea
Jones — Not Voting
Durkin — Not Voting
Yingling — Not Voting
Zalewski — Not Voting
Greenwood — Not Voting
Conroy — Yea
Stoneback — Yea
Luft — Yea
D'Amico — Yea
Davis — Yea
Marron — Yea
Demmer — Yea
Welter — Yea
Mazzochi — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Costa Howard — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Aarón M. Ortíz Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Not Voting
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Edgar González, Jr. Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Not Voting
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Not Voting
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Not Voting
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Jackie Haas Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Not Voting
Martin McLaughlin Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Paul Jacobs Republican Yea
Ryan Spain Republican Yea
Seth Lewis Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 266 do?
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Deletes language providing that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Provides instead that decisions by the guardian shall conform to the ward's current preferences so long as such decisions give substantial weight to what the ward would have done or intended under the circumstances. Effective immediately.
Who sponsors HB 266?
HB 266 is sponsored by Thomas M. Bennett, Jonathan Carroll, Seth Lewis (Republican), Martin McLaughlin (Republican), Daniel J. Ugaste (Republican), David A. Welter, Daniel Didech (Democrat), Jay Hoffman (Democrat), Ann M. Williams (Democrat), Deanne M. Mazzochi, Patrick Windhorst (Republican), Mark Batinick, Chris Bos, Thomas Morrison, Tony M. McCombie (Republican), Norine K. Hammond (Republican), Amy Elik (Republican), Jason A. Barickman, and Terra Costa Howard (Democrat).
What is the current status of HB 266?
This bill has been enacted into law. Introduced January 25, 2021. Enacted.
Where can I track HB 266?
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