Bill Status of HB 5190   97th General Assembly

Short Description:  UCC-FRAUDULENT FINANCING

House Sponsors
Rep. Michael J. Zalewski

Senate Sponsors
(Sen. Don Harmon)


Last Action  View All Actions

DateChamber Action
  7/20/2012HousePublic Act . . . . . . . . . 97-0836

Statutes Amended In Order of Appearance
810 ILCS 5/9-501.1 new
810 ILCS 5/9-510
810 ILCS 5/9-516

Synopsis As Introduced
Amends the Secured Transactions Article of the Uniform Commercial Code. Provides that a person may not cause to be presented for filing a financing statement or amendment that the person knows or reasonably should know: is not related to a valid lien, a valid security agreement, or a judgment of a court of competent jurisdiction; is for an improper purpose or purposes, such as to harass, hinder, defraud, or otherwise interfere with any person; or contains materially false or misleading information. Imposes criminal penalties for violations and civil liability to injured persons. Requires the Secretary of State to make available a form affidavit to provide notice of a fraudulent financing statement or amendment. Contains provisions regarding: filing a fraudulent filing affidavit; additional documentation supporting a filing; review of documentation; termination of a financing statement or amendment; fees; notice; reinstatement; liability; effectiveness; and other matters. Effective immediately.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Secured Transactions Article of the Uniform Commercial Code. Provides that a person may not cause to be communicated to a filing office for filing a false record the person knows or reasonably should know: is not authorized or permitted under specified provisions; is not related to a valid existing or potential commercial or financial transaction, an existing agricultural or other lien, or a judgment of a court of competent jurisdiction; and is filed with the intent to harass or defraud the person identified as debtor in the record or any other person. Provides that violators are subject to criminal penalties and civil damages. Provides that a person identified as debtor in a filed record the person believes was caused to be communicated to the filing office in violation of the new provisions may file with the Secretary of State an affidavit to that effect and the Secretary of State shall adopt and make available a form affidavit. Contains provisions regarding: administrative action; review of documentation by the Secretary of State; termination, reinstatement, and acceptance of filed records; fees; notice; refiling; liability; effectiveness; certain types of transactions; and other matters. Effective immediately.

Actions 
DateChamber Action
  2/8/2012HouseFiled with the Clerk by Rep. Michael J. Zalewski
  2/8/2012HouseFirst Reading
  2/8/2012HouseReferred to Rules Committee
  2/27/2012HouseAssigned to Judiciary I - Civil Law Committee
  3/7/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 010-000-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/21/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski
  3/21/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/22/2012HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/28/2012HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/28/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/28/2012HouseThird Reading - Short Debate - Passed 114-000-000
  3/29/2012SenateArrive in Senate
  3/29/2012SenatePlaced on Calendar Order of First Reading
  3/29/2012SenateChief Senate Sponsor Sen. Don Harmon
  3/29/2012SenateFirst Reading
  3/29/2012SenateReferred to Assignments
  4/11/2012SenateAssigned to Judiciary
  4/18/2012SenateDo Pass Judiciary; 008-000-000
  4/18/2012SenatePlaced on Calendar Order of 2nd Reading April 19, 2012
  5/2/2012SenateSecond Reading
  5/2/2012SenatePlaced on Calendar Order of 3rd Reading May 3, 2012
  5/22/2012SenateThird Reading - Passed; 056-000-000
  5/22/2012HousePassed Both Houses
  6/20/2012HouseSent to the Governor
  7/20/2012HouseGovernor Approved
  7/20/2012HouseEffective Date July 20, 2012
  7/20/2012HousePublic Act . . . . . . . . . 97-0836

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