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 Bill Status of HB4123  98th General Assembly


Short Description:  CIVIL LAW-TECH

House Sponsors
Rep. Martin J. Moylan, André M. Thapedi, Michael P. McAuliffe, Kathleen Willis, Rita Mayfield, Sue Scherer, Deborah Conroy, Stephanie A. Kifowit, Sam Yingling, Elizabeth Hernandez, Cynthia Soto, Frances Ann Hurley, Jaime M. Andrade, Jr., Maria Antonia Berrios, Barbara Flynn Currie, Kelly M. Cassidy, Michelle Mussman, William Davis, Camille Y. Lilly, Al Riley, Robyn Gabel, Daniel V. Beiser, Brandon W. Phelps, Lawrence M. Walsh, Jr., Katherine Cloonen, Naomi D. Jakobsson, Linda Chapa LaVia, La Shawn K. Ford, Kelly Burke, Natalie A. Manley, Daniel J. Burke, Arthur Turner, Luis Arroyo, Fred Crespo, Anna Moeller, Christian L. Mitchell, John D'Amico, Kenneth Dunkin, Jehan A. Gordon-Booth, Greg Harris and Josh Harms

Senate Sponsors
(Sen. Dan Kotowski - Jacqueline Y. Collins, Michael E. Hastings, Michael Noland, Melinda Bush, Toi W. Hutchinson and Christine Radogno)

Last Action
DateChamber Action
  8/26/2014HousePublic Act . . . . . . . . . 98-1062

Statutes Amended In Order of Appearance
735 ILCS 5/1-101from Ch. 110, par. 1-101


Synopsis As Introduced
Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

House Floor Amendment No. 1
Deletes reference to:
735 ILCS 5/1-101from Ch. 110, par. 1-101
Adds reference to:
765 ILCS 745/6from Ch. 80, par. 206
765 ILCS 745/6.5
765 ILCS 745/6.6 new
765 ILCS 745/6.7 new
765 ILCS 745/12from Ch. 80, par. 212
765 ILCS 745/18from Ch. 80, par. 218
765 ILCS 745/21from Ch. 80, par. 221

Replaces everything after the enacting clause. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that a written lease or month-to-month tenancy agreement is not terminated solely by the filing of a bankruptcy case or foreclosure or tax sale proceedings. Provides that the park owner must give written notice to current and prospective tenants of certain specified information. Provides notice requirements in the event of the commencement of a bankruptcy, receivership, or foreclosure relating to the park. Provides that a lease may not waive the tenant's right to a trial by jury. Provides that a park owner shall hold in trust all security deposits received from a tenant. Provides that a security deposit and the interest due thereon is the property of the tenant until the deposit is returned to the tenant or used to compensate the owner, shall not be commingled with the assets of the owner, and shall not be subject to the claims of any third party. Provides that the parties have the right to a trial by jury on any claims seeking damages and that the court shall award reasonable attorney's fees and costs to a prevailing tenant. Makes other changes.

House Floor Amendment No. 2
Deletes reference to:
765 ILCS 745/6from Ch. 80, par. 206
765 ILCS 745/21from Ch. 80, par. 221

Replaces everything after the enacting clause with the contents of House Amendment No. 1, and makes changes. Removes language providing that: (1) a written lease or month-to-month tenancy agreement is not terminated solely by the filing of a bankruptcy case or foreclosure or tax sale proceedings; (2) if a trustee in bankruptcy, receiver, or foreclosing mortgagee contends that rent should be paid by the tenant to the trustee, receiver, or foreclosing mortgagee rather than to the park owner, the trustee, receiver, or foreclosing mortgagee shall provide written notice to the tenant with clear payment instructions at least 15 days before any rent payment is due; and (3) the court shall award reasonable attorney's fees and costs to a prevailing tenant and the parties have the right to a trial by jury on any claims seeking damages. Deletes from the list of required disclosures: (1) if the community or park owner has business headquarters off-site from the manufactured home community or mobile home park, the name, address, and telephone number of the community or park owner's business headquarters; and (2) the nature of the park owner's affiliation, if any, with the seller of any manufactured home that the tenant is purchasing for use on the lot that the tenant is to lease or the entity that is financing the purchase of the home. Replaces provisions concerning: (1) notice of health violations; and (2) the management of security deposit funds.

Senate Committee Amendment No. 1
Changes references to the owner of a manufactured home community or mobile home park to the legal entity that owns the manufactured home community or mobile home park. Changes the definition of "Department" to the Illinois Department of Public Health or a local department of public health in a home rule jurisdiction (instead of "the Illinois Department of Public Health or a local department of public health"). Provides that a lease provision waiving the homeowner's (instead of "tenant's") right to a trial by jury is prohibited. Provides that if one provision of a lease is invalid, that does not affect the validity of the remaining provisions of the lease. Provides that security deposit funds shall be held in one or more banks, savings banks, or credit unions, the accounts of which are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration Share Insurance Fund, or other applicable entity under law (instead of "one or more federally insured accounts in a bank, savings and loan association, or other financial institution").

Senate Floor Amendment No. 2
Adds reference to:
765 ILCS 745/3from Ch. 80, par. 203

Replaces everything after the enacting clause with the provisions of the engrossed bill and Senate Amendment No. 1, and makes the following changes: (1) defines "authority having jurisdiction" and "managing agent"; (2) provides additional requirements concerning the notice of bankruptcy or foreclosure proceeding; (3) replaces the provisions concerning the notice of health violations; and (4) makes corresponding changes.

Senate Floor Amendment No. 5
Replaces language concerning enforcement of the Section concerning notices of health violations. Provides that for purposes of enforcement by the Illinois Department of Public Health, the Illinois Administrative Procedure Act is expressly adopted and grants the Department the authority to promulgate enforcement rules. Provides that for purposes of enforcement by any authority having jurisdiction other than the Illinois Department of Public Health, the authority having jurisdiction has the authority to adopt enforcement ordinances. Removes repetitive language.

Actions 
DateChamber Action
  1/3/2014HouseFiled with the Clerk by Rep. Michael J. Madigan
  1/13/2014HouseFirst Reading
  1/13/2014HouseReferred to Rules Committee
  3/19/2014HouseAssigned to Executive Committee
  3/26/2014HouseDo Pass / Short Debate Executive Committee; 009-000-000
  3/26/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Martin J. Moylan
  3/27/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/31/2014HouseChief Sponsor Changed to Rep. Martin J. Moylan
  3/31/2014HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary
  4/1/2014HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary; 009-007-000
  4/1/2014HouseAdded Co-Sponsor Rep. André M. Thapedi
  4/1/2014HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  4/1/2014HouseAdded Co-Sponsor Rep. Kathleen Willis
  4/1/2014HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/1/2014HouseAdded Co-Sponsor Rep. Sue Scherer
  4/1/2014HouseAdded Co-Sponsor Rep. Deborah Conroy
  4/1/2014HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  4/1/2014HouseAdded Co-Sponsor Rep. Sam Yingling
  4/1/2014HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/1/2014HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/1/2014HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  4/1/2014HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  4/1/2014HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  4/1/2014HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  4/1/2014HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/1/2014HouseAdded Co-Sponsor Rep. Michelle Mussman
  4/1/2014HouseAdded Co-Sponsor Rep. William Davis
  4/1/2014HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/1/2014HouseAdded Co-Sponsor Rep. Al Riley
  4/1/2014HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/1/2014HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  4/1/2014HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  4/1/2014HouseAdded Co-Sponsor Rep. Lawrence M. Walsh, Jr.
  4/1/2014HouseAdded Co-Sponsor Rep. Katherine Cloonen
  4/1/2014HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/1/2014HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/1/2014HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  4/1/2014HouseAdded Co-Sponsor Rep. Kelly Burke
  4/1/2014HouseAdded Co-Sponsor Rep. Natalie A. Manley
  4/1/2014HouseAdded Co-Sponsor Rep. Daniel J. Burke
  4/1/2014HouseAdded Co-Sponsor Rep. Arthur Turner
  4/1/2014HouseAdded Co-Sponsor Rep. Luis Arroyo
  4/1/2014HouseAdded Co-Sponsor Rep. Fred Crespo
  4/1/2014HouseSecond Reading - Short Debate
  4/1/2014HouseHouse Floor Amendment No. 1 Adopted
  4/1/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2014HouseAdded Co-Sponsor Rep. Anna Moeller
  4/2/2014HouseAdded Co-Sponsor Rep. Thomas Morrison
  4/2/2014HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  4/2/2014HouseAdded Co-Sponsor Rep. John D'Amico
  4/2/2014HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  4/2/2014HouseRemoved Co-Sponsor Rep. Thomas Morrison
  4/3/2014HouseAdded Co-Sponsor Rep. Jehan A. Gordon-Booth
  4/3/2014HouseAdded Co-Sponsor Rep. Greg Harris
  4/8/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Martin J. Moylan
  4/8/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/9/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/9/2014HouseAdded Co-Sponsor Rep. Josh Harms
  4/10/2014HouseRecalled to Second Reading - Short Debate
  4/10/2014HouseHouse Floor Amendment No. 2 Adopted
  4/10/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2014HouseThird Reading - Short Debate - Passed 091-011-000
  4/11/2014SenateArrive in Senate
  4/11/2014SenatePlaced on Calendar Order of First Reading
  4/22/2014SenateChief Senate Sponsor Sen. Dan Kotowski
  4/22/2014SenateFirst Reading
  4/22/2014SenateReferred to Assignments
  4/30/2014SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  4/30/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/2/2014SenateAdded as Alternate Co-Sponsor Sen. Michael Noland
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/6/2014SenateAssigned to Judiciary
  5/7/2014SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  5/9/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dan Kotowski
  5/9/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/12/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/13/2014SenateSenate Committee Amendment No. 1 Adopted
  5/13/2014SenateDo Pass as Amended Judiciary; 010-000-000
  5/13/2014SenatePlaced on Calendar Order of 2nd Reading May 14, 2014
  5/15/2014SenateSecond Reading
  5/15/2014SenatePlaced on Calendar Order of 3rd Reading May 19, 2014
  5/20/2014SenateAdded as Alternate Co-Sponsor Sen. Christine Radogno
  5/20/2014SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Dan Kotowski
  5/20/2014SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/20/2014SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/21/2014SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Dan Kotowski
  5/21/2014SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/21/2014SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Dan Kotowski
  5/21/2014SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/21/2014SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 012-000-000
  5/21/2014SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Dan Kotowski
  5/21/2014SenateSenate Floor Amendment No. 5 Referred to Assignments
  5/22/2014SenateSenate Floor Amendment No. 5 Be Approved for Consideration Assignments
  5/22/2014SenateSenate Floor Amendment No. 3 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments.
  5/22/2014SenateSenate Floor Amendment No. 4 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments.
  5/23/2014SenateRecalled to Second Reading
  5/23/2014SenateSenate Floor Amendment No. 2 Adopted; Kotowski
  5/23/2014SenateSenate Floor Amendment No. 5 Adopted; Kotowski
  5/23/2014SenatePlaced on Calendar Order of 3rd Reading
  5/23/2014SenateThird Reading - Passed; 052-002-000
  5/23/2014SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/23/2014SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
  5/23/2014HouseArrived in House
  5/23/2014HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2, 5
  5/28/2014HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Martin J. Moylan
  5/28/2014HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Martin J. Moylan
  5/28/2014HouseSenate Floor Amendment No. 5 Motion Filed Concur Rep. Martin J. Moylan
  5/28/2014HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2014HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/28/2014HouseSenate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee
  5/28/2014HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-002-000
  5/28/2014HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 003-002-000
  5/28/2014HouseSenate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted Rules Committee; 003-002-000
  5/29/2014HouseSenate Committee Amendment No. 1 House Concurs 107-008-000
  5/29/2014HouseSenate Floor Amendment No. 2 House Concurs 107-008-000
  5/29/2014HouseSenate Floor Amendment No. 5 House Concurs 107-008-000
  5/29/2014HouseHouse Concurs
  5/29/2014HousePassed Both Houses
  6/27/2014HouseSent to the Governor
  8/26/2014HouseGovernor Approved
  8/26/2014HouseEffective Date January 1, 2015
  8/26/2014HousePublic Act . . . . . . . . . 98-1062

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