90th General Assembly
Status of SB0465
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CULLERTON-PETERSON.

(MEYER)

   735 ILCS 5/12-112         from Ch. 110, par. 12-112                         
   765 ILCS 1005/1c          from Ch. 76, par. 1c                              

        Amends the Code of Civil Procedure to exclude from the  provision      
   forbidding  property  held  in tenancy by the entirety to be sold upon      
   judgment against one creditor,  property  that  was  transferred  into      
   tenancy  by  the  entirety  in  violation  of  the  Uniform Fraudulent      
   Transfer Act.  Amends the Joint Tenancy Act. Provides that it  is  not      
   the  intent  of  the  Joint  Tenancy  Act to enable a person to make a      
   devise,  conveyance,  assignment,  or  other  transfer   of   property      
   maintained  or intended for maintenance as a homestead by both husband      
   and wife together during coverture declaring that the devise  is  made      
   to  persons,  expressly  named  as husband and wife, as tenants by the      
   entirety in order to defraud a creditor.                                    
        HOUSE AMENDMENT NO. 1.  (House recedes June 1, 1997)                   
          Deletes reference to:                                                
          765 ILCS 1005/1c                                                     
          Adds reference to:                                                   
          810 ILCS 5/9-301                from Ch. 26, par. 9-301              
        Deletes everything.   Amends  the  Code  of  Civil  Procedure  to      
   exclude, from the provision forbidding property held in tenancy by the      
   entirety  to be sold upon judgment against one creditor, property that      
   was transferred into tenancy by the entirety with the actual intent to      
   hinder, delay, or defraud creditors.  Amends  the  Uniform  Commercial      
   Code  to  provide  that  an unperfected security interest has priority      
   over the rights of a lien creditor if the lien creditor is  a  trustee      
   or  receiver  of  a state or federally chartered financial institution      
   and a security interest  is  granted  by  the  financial  institution.      
   Effective immediately.                                                      
        CONFERENCE COMMITTEE REPORT NO. 2.                                     
        Recommends that the House recede from H-am 1.                          
        Recommends that the bill be amended as follows:                        
          Adds reference to:                                                   
          35 ILCS 200/21-260                                                   
          735 ILCS 5/12-112               from Ch. 110, par. 12-112            
        Deletes everything. Amends the Property Tax Code.  Provides  that      
   mineral  rights  offered for sale at a scavenger tax sale and not sold      
   or confirmed after being offered for sale  for  10  consecutive  years      
   shall  not  be offered for sale. Amends the Code of Civil Procedure to      
   exclude, from the provision forbidding property held in tenancy by the      
   entirety to be sold upon judgment against one creditor, property  that      
   was  transferred  into tenancy by the entirety with the sole intent to      
   avoid the payment of debts existing at the time of the transfer beyond      
   the transferor's ability to  pay  those  debts  as  they  become  due.      
   Effective immediately.                                                      
   97-02-05  S  FIRST READING                                                  
   97-02-05  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-02-06  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   97-02-27  S       DO PASS                             008-000-000   SJUD    
   97-02-27  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-02-28              
   97-03-04  S  SECOND READING                                                 
   97-03-04  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-03-05              
   97-03-17  S  THIRD READING - PASSED                   055-000-001           
   97-03-18  H  ARRIVE IN HOUSE                                                
   97-03-18  H  PLACED CALENDAR ORDER OF FIRST READING                         
   97-04-11  H  HOUSE SPONSOR                            MEYER                 
   97-04-11  H  FIRST READING                                                  
   97-04-11  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-04-14  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   97-05-07  H  DO PASS/SHORT DEBATE                     011-000-000   HJUA    
   97-05-07  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-05-08  H                             AMENDMENT NO. 01-MEYER              
   97-05-08  H                     AMENDMENT REFERRED TO HRUL                  
   97-05-08  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-05-09  H                             AMENDMENT NO. 01-MEYER              
   97-05-09  H                           RULES REFERS TO HJUA                  
   97-05-09  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-05-12  H                             AMENDMENT NO. 01-MEYER              
   97-05-12  H                                BE ADOPTED HJUA/007-000-000      
   97-05-12  H  SECOND READING-SHORT DEBATE                                    
   97-05-12  H                             AMENDMENT NO. 01-MEYER              
   97-05-12  H                                   ADOPTED                       
   97-05-12  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-05-13  H  THIRD READING/SHORT DEBATE/PASSED        114-000-000           
   97-05-14  S  SECRETARYS DESK - CONCURRENCE            01                    
   97-05-19  S  FILED WITH SECRETARY                                           
   97-05-19  S    MOTION NON-CONCUR - HOUSE AMENDMENT NO 01-CULLERTON          
   97-05-20  S  SEN NON-CONCURS IN HSE AMENDMENTS (NO.)  01                    
   97-05-20  H  ARRIVE IN HOUSE                                                
   97-05-20  H  PLACED CALENDAR ORDER NON-CONCURRENCE    01                    
   97-05-22  H       MOTION REFUSE RECEDE - HSE AMEND NO 01/MEYER              
   97-05-22  H  HSE REFUSES TO RECEDE FROM AMENDMENT NO  01                    
   97-05-22  H  HSE REQUESTS CONFERENCE COMMITTEE        1ST                   
   97-05-22  H  HSE CONFERENCE COMMITTEE APPOINTED       1ST/DART,             
   97-05-22  H                                           LANG, HANNIG,         
   97-05-22  H                                           CHURCHILL & MEYER     
   97-05-23  S  SEN ACCEDE REQUEST CONFERENCE COMMITTEE  1ST                   
   97-05-23  S  SEN CONFERENCE COMMITTEE APPOINTED       1ST/HAWKINSON,        
   97-05-23  S                                           DILLARD, PETKA,       
   97-05-23  S                                           CULLERTON, OBAMA      
   97-05-30  H  HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST/MEYER             
   97-05-30  H   CONFERENCE COMMITTEE REPORT REFERRED TO 1ST/HRUL              
   97-05-30  H  HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST                   
   97-05-31  S  FILED WITH SECRETARY                                           
   97-05-31  S               CONFERENCE COMMITTEE REPORT 1ST/CULLERTON         
   97-05-31  S   CONFERENCE COMMITTEE REPORT REFERRED TO SRUL                  
   97-05-31  S               CONFERENCE COMMITTEE REPORT 1ST/CULLERTON         
   97-05-31  S                           RULES REFERS TO SJUD                  
   97-05-31  H               CONFERENCE COMMITTEE REPORT 1ST/MEYER             
   97-05-31  H                           RULES REFERS TO HLGV                  
   97-05-31  H  MOTION                                   REFUSE TO ACCEPT      
   97-05-31  H                                           1ST CONF. COMM.       
   97-05-31  H                                           REPORT - HLGV         
   97-05-31  H  MOTION PREVAILED                         016-000-000           
   97-05-31  S               CONFERENCE COMMITTEE REPORT 1ST/CULLERTON         
   97-05-31  S             BE APPROVED FOR CONSIDERATION SJUD/006-000-000      
   97-05-31  S  SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/CULLERTON         
   97-05-31  S  SENATE CONFERENCE REPORT LOST            1ST/000-055-002       
   97-05-31  S  SEN REQUESTS CONFERENCE COMMITTEE        2ND/CULLERTON         
   97-05-31  S  SEN CONFERENCE COMMITTEE APPOINTED       2ND/HAWKINSON,        
   97-05-31  S                                           DILLARD, PETKA,       
   97-05-31  S                                           CULLERTON, OBAMA      
   97-05-31  S  FILED WITH SECRETARY                                           
   97-05-31  S               CONFERENCE COMMITTEE REPORT 2ND/CULLERTON         
   97-05-31  S   CONFERENCE COMMITTEE REPORT REFERRED TO SRUL                  
   97-05-31  S               CONFERENCE COMMITTEE REPORT 2ND/CULLERTON         
   97-05-31  S             BE APPROVED FOR CONSIDERATION SRUL                  
   97-05-31  H  HOUSE REFUSES TO ADOPT CONF COM RPT      1ST                   
   97-05-31  H  HSE ACCEDE REQUEST CONFERENCE COMMITTEE  2ND                   
   97-05-31  H  HSE CONFERENCE COMMITTEE APPOINTED       2ND/DART,             
   97-05-31  H                                           LANG, HANNIG,         
   97-05-31  H                                           CHURCHILL & MEYER     
   97-05-31  H  HSE CONFERENCE COMMITTEE REPORT SUBMITED 2ND/MEYER             
   97-05-31  H   CONFERENCE COMMITTEE REPORT REFERRED TO 2ND/HRUL              
   97-05-31  H             BE APPROVED FOR CONSIDERATION HRUL/003-002-000      
   97-05-31  H  HSE CONFERENCE COMMITTEE REPORT SUBMITED 2ND                   
   97-06-01  S  ADDED AS A CHIEF CO-SPONSOR              PETERSON              
   97-06-01  H                         3/5 VOTE REQUIRED                       
   97-06-01  H  HOUSE ADOPTED CONFERENCE REPORT          2ND/117-000-000       
   97-06-01  S  SEN CONFERENCE COMMITTEE REPORT SUBMITED 2ND/CULLERTON         
   97-06-01  S                         3/5 VOTE REQUIRED                       
   97-06-01  S  SENATE ADOPTED CONFERENCE REPORT         2ND/057-000-000       
   97-06-01  S  BOTH HOUSES ADOPTED CONFERENCE REPORT    2ND                   
   97-06-01  S  PASSED BOTH HOUSES                                             
   97-06-30  S  SENT TO THE GOVERNOR                                           
   97-08-22  S  GOVERNOR APPROVED                                              
   97-08-22  S                            EFFECTIVE DATE 97-08-22              
   97-08-22  S  PUBLIC ACT.............................. 90-0514               

   END OF INQUIRY 



 Full Text  Bill Summary