HB1290 94TH GENERAL ASSEMBLY

LRB094 06783 LCB 36885 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1290

Introduced 02/09/05, by Rep. Dan Reitz

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1011

from Ch. 110, par. 2-1011

Amends the Code of Civil Procedure. Provides that any interest earned on the principal deposited with the court shall be paid into the county general fund as an earning of the clerk of the court (instead of the court directing the disposition of interest accrued to the parties as it deems appropriate). Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-1011 as follows:

(735 ILCS 5/2-1011) (from Ch. 110, par. 2-1011)

Sec. 2-1011. Deposits with Court.

(a) In any action in which any part of the relief sought is a judgment for a sum of money or a determination by the court as to the disposition of a sum of money and a party to the action deposits all or part of that sum with the clerk of the court, the clerk shall deposit that money in an interest bearing account as provided in this Section. When a judgment is entered as to the disposition of the principal deposited, any interest earned on the principal shall be paid into the county general fund as an earning of the office of the clerk the court shall also direct disposition of the interest accrued to the parties as it deems appropriate.

(b) Unless otherwise ordered by the court as to a specified deposit or deposits, all funds so deposited with the court may be intermingled. The accounts established by the clerk of the circuit court under this Section shall be in banks or savings and loan associations doing business in this State. The accounts must be insured by an agency of the United States to the full extent of the amounts held in the accounts. The clerk shall keep complete and accurate records of the amounts deposited with the court in each action and of the accounts containing those deposits. The records and accounts shall be subject to audit, as provided by law. The clerk shall, upon request of any party in an action in which a sum of money has been deposited with the court under this Section, furnish to that party a statement showing the condition of the deposit or of the account containing the deposit.

(c) Payment out of money deposited with the court shall be made only upon order of the court after a finding that:

(1) the order is consistent with the account records as to the amount involved; and

(2) the order correctly identifies affected parties and specifies to whom payments are to be made and the amount each is to receive.

(d) No moneys on deposit under this Section shall be paid out except by a check of the clerk.

(e) Orders to pay out may be made under terms and conditions as the court may, in its discretion, deem appropriate, subject to the provisions of this Section. The orders may be stayed pending appeal upon application under Supreme Court Rule 305.

(Source: P.A. 86-1329.)

Section 99. Effective date. This Act takes effect upon becoming law.