Bill Status of SB 229   95th General Assembly


Short Description:  CIV PRO-SUPPLEMENTAL PROCEED

Senate Sponsors
Sen. Ira I. Silverstein

House Sponsors
(Rep. Sidney H. Mathias)


Last Action  View All Actions

DateChamber Action
  10/17/2007SenatePublic Act . . . . . . . . . 95-0661

Statutes Amended In Order of Appearance
735 ILCS 5/2-1402from Ch. 110, par. 2-1402
735 ILCS 5/5-126.5 new
735 ILCS 5/12-501from Ch. 110, par. 12-501
735 ILCS 5/12-803from Ch. 110, par. 12-803
735 ILCS 5/12-808from Ch. 110, par. 12-808
735 ILCS 5/12-808.5
735 ILCS 5/12-814from Ch. 110, par. 12-814
735 ILCS 5/19-117from Ch. 110, par. 19-117
735 ILCS 5/19-123from Ch. 110, par. 19-123
735 ILCS 5/19-129 new

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that a judgment creditor may recover a corporate judgment debtor’s property for the creditor’s use. Provides that a debtor may be compelled to resign memberships in exchanges, clubs, or other entities. Provides that a judgment debtor’s property that is not amenable to a sheriff’s sale may be sold by other means. Provides property held by a third party that is determined to be wages is subject to a wage deduction. Provides recoverable costs include the cost of levy and replevin bonds. Provides that a federal judgment entered in Illinois shall be afforded recognition as if it were a circuit court judgment. Provides that wages subject to collection shall be (at present, shall not exceed) the lesser of 15% of the gross amount paid or the amount by which the disposable earnings exceed 45 times the federal minimum hourly wage. Provides that if an employer ceases to remit funds under a wage deduction order without a lawful excuse, a court may enter a conditional judgment against the employer for the balance due on the judgment and issue a Summons After Conditional Judgment requiring the employer to show cause the conditional judgment should not become final. Provides that if a certification of judgment balance is not provided to the employer, the employer must continue to withhold funds from the defendant’s wages and hold the funds until the certification is provided; the certification need not be filed with the court. Provides that the fee of 2% (at present, $12 or 2%, whichever is greater) of the amount deducted from wages shall be retained by the employer. Provides that if a defendant fails to deliver chattel to the sheriff and the plaintiff has a reasonable belief of the chattel’s location, the court may authorize the sheriff to use reasonable force to recover the chattel. Provides that if a mobile home subject to a replevin action is occupied, the court may issue a forcible order for the removal of personal property of the tenant but the order has to provide reasonable time and notice for the defendant and unknown occupants.

Senate Committee Amendment No. 2
Adds reference to:
205 ILCS 5/48.1from Ch. 17, par. 360
205 ILCS 105/3-8from Ch. 17, par. 3303-8
205 ILCS 205/4013from Ch. 17, par. 7304-13
205 ILCS 305/10from Ch. 17, par. 4411

Amends the Illinois Banking Act, the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Illinois Credit Union Act. Provides in each Act that the financial institution shall disclose financial records under a lawful citation to discover assets (in addition to a lawful subpoena, summons, warrant, or court order) only after it mails a copy of the document to the person who is the subject of the legal document, unless specifically barred from doing so by a court order or State or federal law. Provides in each Act that the financial institution shall be reimbursed for the costs reasonably necessary and directly incurred in searching for and reproducing records required to be produced by the financial institution in responding to a lawful citation to discover assets (in addition to a lawful subpoena, summons, warrant, or court order).

Governor Amendatory Veto Message
Recommends restoring the current law in the Code of Civil Procedure concerning maximum wages subject to collection.

Actions 
DateChamber Action
  2/7/2007SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/7/2007SenateFirst Reading
  2/7/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Judiciary Civil Law
  2/22/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  2/22/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  2/28/2007SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein
  2/28/2007SenateSenate Committee Amendment No. 2 Referred to Rules
  2/28/2007SenateSenate Committee Amendment No. 2 Rules Refers to Judiciary Civil Law
  2/28/2007SenateSenate Committee Amendment No. 2 Adopted
  3/1/2007SenateDo Pass as Amended Judiciary Civil Law; 009-000-000
  3/1/2007SenatePlaced on Calendar Order of 2nd Reading March 2, 2007
  3/8/2007SenateSecond Reading
  3/8/2007SenatePlaced on Calendar Order of 3rd Reading March 13, 2007
  3/28/2007SenateChief Sponsor Changed to Sen. John J. Cullerton
  3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  4/25/2007SenateChief Sponsor Changed to Sen. Ira I. Silverstein
  5/10/2007SenateThird Reading - Passed; 055-000-000
  5/10/2007SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/14/2007HouseArrived in House
  5/14/2007HousePlaced on Calendar Order of First Reading
  5/14/2007HouseChief House Sponsor Rep. Sidney H. Mathias
  5/15/2007HouseFirst Reading
  5/15/2007HouseReferred to Rules Committee
  5/18/2007HouseAssigned to Judiciary I - Civil Law Committee
  5/18/2007HouseCommittee Deadline Extended-Rule 9(b) May 25, 2007
  5/25/2007HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 012-000-000
  5/25/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/29/2007HouseSecond Reading - Short Debate
  5/29/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2007HouseThird Reading - Short Debate - Passed 112-000-003
  5/31/2007SenatePassed Both Houses
  6/29/2007SenateSent to the Governor
  8/28/2007SenateGovernor Amendatory Veto
  10/2/2007SenatePlaced on Calendar Amendatory Veto October 3, 2007
  10/3/2007SenateMotion Filed Override Amendatory Veto Sen. Ira I. Silverstein
  10/10/2007Senate3/5 Vote Required
  10/10/2007SenateOverride Amendatory Veto - Senate Passed 054-000-000
  10/11/2007HousePlaced on Calendar Amendatory Veto October 11, 2007
  10/11/2007HouseMotion Filed Override Amendatory Veto Rep. Sidney H. Mathias
  10/11/2007House3/5 Vote Required
  10/11/2007HouseOverride Amendatory Veto - House Passed 092-009-011
  10/11/2007SenateAmendatory Veto Overridden Both Houses
  10/17/2007SenateEffective Date January 1, 2008
  10/17/2007SenatePublic Act . . . . . . . . . 95-0661

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