Illinois General Assembly - Bill Status for HB0151
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 Bill Status of HB0151  96th General Assembly

Short Description:  SOS-DEPOSIT OF WILLS

House Sponsors
Rep. Sidney H. Mathias

Senate Sponsors
(Sen. Kwame Raoul and Pamela J. Althoff)

Last Action
DateChamber Action
  8/7/2009HousePublic Act . . . . . . . . . 96-0137

Statutes Amended In Order of Appearance
15 ILCS 305/5.15 new

Synopsis As Introduced
Amends the Secretary of State Act. Provides that an attorney (or an attorney's representative or guardian) who certifies that he or she has been unable to locate a testator after a diligent search may deposit the testator's will with the Secretary of State. Requires the Secretary of State to: index, store, and perform other duties with respect to deposited wills; deliver the will to the testator or a designee or to a person specified in a court order; deliver the will to a court upon being notified of the death of the testator; and respond to inquiries regarding the will under specified circumstances. Contains provisions regarding fees, destruction of wills, immunity, and other matters. Provides that the index of wills created by the Secretary of State is a public record. Provides that fees collected in connection with the deposit of wills must be deposited into the Secretary of State Special Services Fund.

House Committee Amendment No. 1
Adds reference to:
755 ILCS 5/6-1from Ch. 110 1/2, par. 6-1

Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes. Provides that upon notification of death and payment of a $10 retrieval fee, the Secretary of State shall promptly deliver the sealed will envelope to the clerk of the circuit court of the county in which the probate of the testator's will may occur as determined under the Probate Act of 1975 (instead of delivery within 30 days to the court that has jurisdiction). Removes language concerning application to a circuit court for directions. Changes the deposit fee from $45 to $15. Makes other changes. Amends the Probate Act of 1975. Provides that the requirement to file a will within 30 days does not apply to the Secretary of State when acting pursuant to the provisions concerning deposit of wills.

DateChamber Action
  1/12/2009HousePrefiled with Clerk by Rep. Sidney H. Mathias
  1/14/2009HouseFirst Reading
  1/14/2009HouseReferred to Rules Committee
  2/4/2009HouseAssigned to Judiciary I - Civil Law Committee
  2/25/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/25/2009HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/25/2009HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 016-000-000
  2/25/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/3/2009HouseSecond Reading - Short Debate
  3/3/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2009HouseThird Reading - Short Debate - Passed 114-000-000
  3/25/2009SenateArrive in Senate
  3/25/2009SenatePlaced on Calendar Order of First Reading March 26, 2009
  3/26/2009SenateChief Senate Sponsor Sen. Kwame Raoul
  3/26/2009SenateFirst Reading
  3/26/2009SenateReferred to Assignments
  4/1/2009SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  4/15/2009SenateAssigned to Judiciary
  4/22/2009SenateDo Pass Judiciary; 011-000-000
  4/22/2009SenatePlaced on Calendar Order of 2nd Reading April 23, 2009
  5/7/2009SenateSecond Reading
  5/7/2009SenatePlaced on Calendar Order of 3rd Reading May 12, 2009
  5/13/2009SenateThird Reading - Passed; 055-000-000
  5/13/2009HousePassed Both Houses
  6/11/2009HouseSent to the Governor
  8/7/2009HouseGovernor Approved
  8/7/2009HouseEffective Date January 1, 2010
  8/7/2009HousePublic Act . . . . . . . . . 96-0137

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