Bill Status of HB 1712   97th General Assembly


Short Description:  POWER ATTORNEY-EXCLUDED POWER

House Sponsors
Rep. Timothy L. Schmitz-JoAnn D. Osmond

Senate Sponsors
(Sen. Ira I. Silverstein)


Last Action  View All Actions

DateChamber Action
  11/17/2011HouseBill Dead - No Positive Action Taken - Amendatory Veto

Statutes Amended In Order of Appearance
755 ILCS 45/2-3from Ch. 110 1/2, par. 802-3
755 ILCS 45/2-4from Ch. 110 1/2, par. 802-4
755 ILCS 45/2-5from Ch. 110 1/2, par. 802-5
755 ILCS 45/3-3from Ch. 110 1/2, par. 803-3

Synopsis As Introduced
Amends the Illinois Power of Attorney Act. Defines "excluded power of attorney" to include powers of attorney given primarily for various business, commercial, and governmental purposes. Provides that designated portions of the Act (concerning standard of care and recordkeeping, agency-court relationship, and other matters) do not apply to an excluded power of attorney. Provides that an excluded power of attorney is not revoked by a subsequent power of attorney; it may only be revoked by the mechanism provided in the excluded power of attorney itself, or by a written instrument that makes specific reference to the excluded power of attorney being revoked. Includes a nonacceleration provision.

House Committee Amendment No. 1
Further amends the Illinois Power of Attorney Act. In the definition of "excluded power of attorney", adds as one of the meanings: a power of attorney that authorizes a financial institution or its employee to act as an investment manager, with a third-party serving as the custodian of the cash, securities, commodities, or other financial assets on behalf of the principal.

Governor Amendatory Veto Message
Proposes to further amend the Illinois Power of Attorney Act. Deletes from the definition of "excluded power of attorney" 3 types of powers of attorney: a power given primarily for a commercial purpose; a power coupled with an interest in the subject of the power; and a power created pursuant to a federal or State statute. Deletes provision that made portions of this Act inapplicable to an excluded power of attorney. Deletes provision that states that an excluded power of attorney is not revoked by a subsequent power of attorney, including a subsequent power of attorney that states that all other powers of attorney are revoked. Provides that language in the statutory short form power of attorney shall state that by executing the statutory short form power of attorney for property, the principal revokes all prior statutory short form powers of attorney for property (instead of stating that the principal revokes all prior powers of attorney for property executed by the principal, other than excluded powers of attorney as defined in the Illinois Power of Attorney Act).

Actions 
DateChamber Action
  2/16/2011HouseFiled with the Clerk by Rep. Mark H. Beaubien, Jr.
  2/16/2011HouseFirst Reading
  2/16/2011HouseReferred to Rules Committee
  2/22/2011HouseAssigned to Judiciary I - Civil Law Committee
  3/1/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mark H. Beaubien, Jr.
  3/1/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/9/2011HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/9/2011HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/9/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/17/2011HouseSecond Reading - Short Debate
  3/17/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/5/2011HouseAdded Chief Co-Sponsor Rep. JoAnn D. Osmond
  4/7/2011HouseThird Reading - Short Debate - Passed 112-000-000
  4/7/2011SenateArrive in Senate
  4/7/2011SenatePlaced on Calendar Order of First Reading April 8, 2011
  4/8/2011SenateChief Senate Sponsor Sen. Ira I. Silverstein
  4/11/2011SenateFirst Reading
  4/11/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Judiciary
  5/5/2011SenatePostponed - Judiciary
  5/10/2011SenateDo Pass Judiciary; 008-000-000
  5/10/2011SenatePlaced on Calendar Order of 2nd Reading May 11, 2011
  5/12/2011SenateSecond Reading
  5/12/2011SenatePlaced on Calendar Order of 3rd Reading May 13, 2011
  5/17/2011SenateThird Reading - Passed; 057-000-000
  5/17/2011HousePassed Both Houses
  6/15/2011HouseSent to the Governor
  8/12/2011HouseGovernor Amendatory Veto
  10/24/2011HousePlaced on Calendar Amendatory Veto October 25, 2011
  10/24/2011HouseChief Sponsor Changed to Rep. Timothy L. Schmitz
  10/24/2011HouseMotion Filed Override Amendatory Veto Rep. Timothy L. Schmitz
  10/26/2011House3/5 Vote Required
  10/26/2011HouseOverride Amendatory Veto - House Passed 077-038-001
  11/2/2011SenatePlaced on Calendar Amendatory Veto November 8, 2011
  11/17/2011HouseBill Dead - No Positive Action Taken - Amendatory Veto

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