Illinois General Assembly - Bill Status for SB 229

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.

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).

Date	Chamber	Action
10/17/2007	Senate	Public Act . . . . . . . . . 95-0661

Date	Chamber	Action
2/7/2007	Senate	Filed with Secretary by Sen. Ira I. Silverstein
2/7/2007	Senate	First Reading
2/7/2007	Senate	Referred to Rules
2/21/2007	Senate	Assigned to Judiciary Civil Law
2/22/2007	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
2/22/2007	Senate	Senate Committee Amendment No. 1 Referred to Rules
2/28/2007	Senate	Senate Committee Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein
2/28/2007	Senate	Senate Committee Amendment No. 2 Referred to Rules
2/28/2007	Senate	Senate Committee Amendment No. 2 Rules Refers to Judiciary Civil Law
2/28/2007	Senate	Senate Committee Amendment No. 2 Adopted
3/1/2007	Senate	Do Pass as Amended Judiciary Civil Law; 009-000-000
3/1/2007	Senate	Placed on Calendar Order of 2nd Reading March 2, 2007
3/8/2007	Senate	Second Reading
3/8/2007	Senate	Placed on Calendar Order of 3rd Reading March 13, 2007
3/28/2007	Senate	Chief Sponsor Changed to Sen. John J. Cullerton
3/30/2007	Senate	Rule 2-10 Third Reading Deadline Established As May 31, 2007
4/25/2007	Senate	Chief Sponsor Changed to Sen. Ira I. Silverstein
5/10/2007	Senate	Third Reading - Passed; 055-000-000
5/10/2007	Senate	Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
5/14/2007	House	Arrived in House
5/14/2007	House	Placed on Calendar Order of First Reading
5/14/2007	House	Chief House Sponsor Rep. Sidney H. Mathias
5/15/2007	House	First Reading
5/15/2007	House	Referred to Rules Committee
5/18/2007	House	Assigned to Judiciary I - Civil Law Committee
5/18/2007	House	Committee Deadline Extended-Rule 9(b) May 25, 2007
5/25/2007	House	Do Pass / Short Debate Judiciary I - Civil Law Committee; 012-000-000
5/25/2007	House	Placed on Calendar 2nd Reading - Short Debate
5/29/2007	House	Second Reading - Short Debate
5/29/2007	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/31/2007	House	Third Reading - Short Debate - Passed 112-000-003
5/31/2007	Senate	Passed Both Houses
6/29/2007	Senate	Sent to the Governor
8/28/2007	Senate	Governor Amendatory Veto
10/2/2007	Senate	Placed on Calendar Amendatory Veto October 3, 2007
10/3/2007	Senate	Motion Filed Override Amendatory Veto Sen. Ira I. Silverstein
10/10/2007	Senate	3/5 Vote Required
10/10/2007	Senate	Override Amendatory Veto - Senate Passed 054-000-000
10/11/2007	House	Placed on Calendar Amendatory Veto October 11, 2007
10/11/2007	House	Motion Filed Override Amendatory Veto Rep. Sidney H. Mathias
10/11/2007	House	3/5 Vote Required
10/11/2007	House	Override Amendatory Veto - House Passed 092-009-011
10/11/2007	Senate	Amendatory Veto Overridden Both Houses
10/17/2007	Senate	Effective Date January 1, 2008
10/17/2007	Senate	Public Act . . . . . . . . . 95-0661

	Adds reference to:
	205 ILCS 5/48.1	from Ch. 17, par. 360