Bill Status of SB 1048   98th General Assembly

Short Description:  PROBATE-PRESUMPTIVELY VOID

Senate Sponsors
Sen. Don Harmon-William R. Haine

House Sponsors
(Rep. Emanuel Chris Welch-Daniel J. Burke-Ron Sandack-Dwight Kay-La Shawn K. Ford, Elgie R. Sims, Jr., Elaine Nekritz, Robert Rita, Frances Ann Hurley, David Harris, Cynthia Soto and Ann Williams)


Last Action  View All Actions

DateChamber Action
  8/26/2014SenatePublic Act . . . . . . . . . 98-1093

Statutes Amended In Order of Appearance
750 ILCS 75/1

Synopsis As Introduced
Amends the Illinois Religious Freedom Protection and Civil Union Act. Makes a technical change in a Section concerning the short title.

Senate Floor Amendment No. 2
Deletes reference to:
750 ILCS 75/1
Adds reference to:
755 ILCS 5/Art. IVa heading new
755 ILCS 5/4a-5 new
755 ILCS 5/4a-10 new
755 ILCS 5/4a-15 new
755 ILCS 5/4a-20 new
755 ILCS 5/4a-25 new
755 ILCS 5/4a-30 new
755 ILCS 5/4a-35 new

Replaces everything after the enacting clause. Amends the Probate Act of 1975. Creates the Presumptively Void Transfers Article. Defines terms. Provides that certain specified transfers are presumed void, with exceptions. Provides that the new provisions do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions. Provides that a transferee who tries unsuccessfully to overcome a presumption that a transfer is void shall bear the costs of the proceedings, including, without limitation, reasonable attorney's fees. Adds provisions concerning limitations periods and liability of holders of transfer property. Provides that the new provisions apply only to transfer instruments executed after the effective date.

House Committee Amendment No. 1
Deletes language providing that if the holder of any property subject to the presumption is a financial institution, trust company, trustee, or similar entity or person, the holder is not liable for any distribution or release of the property, benefit, or other interest to the caregiver unless the holder knowingly distributes or releases the property, benefit, or other interest to the caregiver after first having received actual written notice of a legal action challenging the testamentary instrument with sufficient time to act upon the notice. Deletes language providing that the determination that the transfer was not the product of fraud, duress, or undue influence must not be based solely upon the testimony of the caregiver. Provides that the new provisions are in addition to any other principle or rule of law. Makes technical changes.

Actions 
DateChamber Action
  1/24/2013SenateFiled with Secretary by Sen. John J. Cullerton
  1/24/2013SenateFirst Reading
  1/24/2013SenateReferred to Assignments
  3/13/2013SenateAssigned to Executive
  3/20/2013SenateDo Pass Executive; 010-000-000
  3/20/2013SenatePlaced on Calendar Order of 2nd Reading March 21, 2013
  4/12/2013SenateSecond Reading
  4/12/2013SenatePlaced on Calendar Order of 3rd Reading April 16, 2013
  4/16/2013SenateRe-referred to Assignments
  3/27/2014SenateApproved for Consideration Assignments
  3/27/2014SenatePlaced on Calendar Order of 3rd Reading April 1, 2014
  4/4/2014SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  4/4/2014SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/7/2014SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/8/2014SenateSenate Floor Amendment No. 1 Postponed - Judiciary
  4/11/2014SenateRule 2-10 Third Reading Deadline Established As May 1, 2014
  5/1/2014SenateChief Sponsor Changed to Sen. Don Harmon
  5/5/2014SenateRule 2-10 Third Reading Deadline Established As May 8, 2014
  5/6/2014SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  5/6/2014SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/6/2014SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/7/2014SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 011-000-000
  5/7/2014SenateAdded as Co-Sponsor Sen. William R. Haine
  5/7/2014SenateRecalled to Second Reading
  5/7/2014SenateSenate Floor Amendment No. 2 Adopted; Harmon
  5/7/2014SenatePlaced on Calendar Order of 3rd Reading
  5/7/2014SenateThird Reading - Passed; 055-000-000
  5/7/2014SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/7/2014HouseArrived in House
  5/7/2014HouseChief House Sponsor Rep. Daniel J. Burke
  5/7/2014SenateSponsor Removed Sen. William R. Haine
  5/8/2014HouseFirst Reading
  5/8/2014HouseReferred to Rules Committee
  5/12/2014HouseAssigned to Judiciary
  5/12/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Daniel J. Burke
  5/12/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/14/2014HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  5/14/2014HouseAdded Alternate Chief Co-Sponsor Rep. Emanuel Chris Welch
  5/14/2014HouseAlternate Chief Sponsor Changed to Rep. Emanuel Chris Welch
  5/14/2014HouseAlternate Chief Co-Sponsor Removed Rep. Emanuel Chris Welch
  5/14/2014HouseAdded Alternate Chief Co-Sponsor Rep. Daniel J. Burke
  5/16/2014HouseCommittee Deadline Extended-Rule 9(b) May 23, 2014
  5/20/2014HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  5/20/2014HouseDo Pass as Amended / Short Debate Judiciary; 016-000-000
  5/20/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2014HouseSecond Reading - Short Debate
  5/21/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2014HouseAdded Alternate Chief Co-Sponsor Rep. Ron Sandack
  5/21/2014HouseAdded Alternate Chief Co-Sponsor Rep. Dwight Kay
  5/21/2014HouseAdded Alternate Chief Co-Sponsor Rep. La Shawn K. Ford
  5/21/2014HouseAdded Alternate Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/21/2014HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  5/21/2014HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/21/2014HouseAdded Alternate Co-Sponsor Rep. Frances Ann Hurley
  5/22/2014HouseThird Reading - Short Debate - Passed 116-000-000
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. David Harris
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. Ann Williams
  5/22/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/22/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 23, 2014
  5/22/2014SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Don Harmon
  5/22/2014SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/27/2014SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/28/2014SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 008-000-000
  5/30/2014SenateAdded as Chief Co-Sponsor Sen. William R. Haine
  5/30/2014SenateHouse Committee Amendment No. 1 Senate Concurs 058-000-000
  5/30/2014SenatePassed Both Houses
  6/27/2014SenateSent to the Governor
  8/26/2014SenateGovernor Approved
  8/26/2014SenateEffective Date January 1, 2015
  8/26/2014SenatePublic Act . . . . . . . . . 98-1093

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