Bill Status of HB 3169   99th General Assembly

Short Description:  TRUSTS & TRUSTEE-CERTIFICATION

House Sponsors
Rep. Emily McAsey

Last Action  View All Actions

DateChamber Action
  1/10/2017HouseSession Sine Die

Statutes Amended In Order of Appearance
760 ILCS 5/8.5 new

Synopsis As Introduced
Amends the Trusts and Trustees Act. Provides that instead of furnishing a copy of the trust instrument to a person other than the beneficiary, the trustee may furnish to the person a certification of trust containing specified information. Provides that a certification of trust may be signed or otherwise authenticated by any trustee and need not contain the dispositive terms of the trust. Includes other provisions governing the form and content of the certification of trust. Contains provisions concerning persons who act in reliance upon a certification of trust. Provides that the new provisions do not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: (1) provides that the certification must (instead of "may") be signed or otherwise authenticated by one or more of the trustees (instead of "any trustee"), and that a third party may require that the certification of trust be acknowledged; (2) provides that the Attorney General's Charitable Trust Bureau is deemed to be acting in good faith when demanding a copy of the trust instrument; (3) changes the portion of the form certification concerning the manner for taking title to trust property; (4) deletes language in the certification form that to the best of the trustee's knowledge, there is no claim, challenge of any kind, or cause of action alleged that contests or questions the validity of the trust or the trustee's authority to act for the trust; and (5) adds language to the form certification indicating that notarization of the certification is optional. Effective immediately.

Actions 
DateChamber Action
  2/25/2015HouseFiled with the Clerk by Rep. Emily McAsey
  2/25/2015HouseFirst Reading
  2/25/2015HouseReferred to Rules Committee
  3/10/2015HouseAssigned to Judiciary - Civil Committee
  3/10/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Emily McAsey
  3/10/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/11/2015HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/18/2015HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/18/2015HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  3/18/2015HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Emily McAsey
  3/26/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/15/2015HouseSecond Reading - Short Debate
  4/15/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2015HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2017HouseSession Sine Die

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