Bill Status of HB 5055   96th General Assembly

Short Description:  CIVIL LAW-TECH

House Sponsors
Rep. Lou Lang

Senate Sponsors
(Sen. A. J. Wilhelmi)


Last Action  View All Actions

DateChamber Action
  12/8/2010HouseBill Dead - No Positive Action Taken - Amendatory Veto

Statutes Amended In Order of Appearance
735 ILCS 5/15-1101from Ch. 110, par. 15-1101

Synopsis As Introduced
Amends the Code of Civil Procedure. Makes a technical change in a Section regarding the short title of the Article concerning mortgage foreclosures.

House Committee Amendment No. 1
Deletes reference to:
735 ILCS 5/15-1101
Adds reference to:
735 ILCS 5/15-1506from Ch. 110, par. 15-1506
735 ILCS 5/15-1507from Ch. 110, par. 15-1507

Deletes everything after the enacting clause. Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that special matters may be included in a judgment of foreclosure if sought in the complaint or by separate motion brought by a party (rather than if sought by a party in the complaint or by separate motion). Provides that special matters may include an official or other person who shall be the officer to conduct the sale (rather than an official or other person who shall be the officer to conduct the sale other than the one customarily designated by the court). Makes changes in provisions concerning persons authorized to conduct a judicial sale. Effective immediately.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause with substantially similar provisions, but with a change concerning persons authorized to conduct a judicial sale: now includes any person who had been appointed by any circuit court in any matter (instead of any person appointed) pursuant to foreclosure provisions of the Act. Makes other corrections. Effective immediately.

Senate Floor Amendment No. 2
Adds reference to:
735 ILCS 5/15-1503from Ch. 110, par. 15-1503
735 ILCS 5/15-1508from Ch. 110, par. 15-1508

Further amends the Code of Civil Procedure. Provides that a copy of the notice of foreclosure of residential real estate shall be sent to the municipality or county in which the property is located by first class mail (instead of sent pursuant to the Code of Civil Procedure). Provides that the mortgagee, judgment creditor, or other lien holder shall furnish the confirmation order to the last-known insurer of a residential building in writing by first-class mail or electronically within 10 business days after the mortgagee, judgment creditor, or lien holder becomes the mortgagee-in-possession. Provides that the failure to send or receive a copy of the order does not affect the rights of the mortgagee or purchaser or affect the foreclosure proceedings. Makes other changes. Provides that only the changes concerning persons authorized to conduct a judicial sale take effect upon becoming law.

Governor Amendatory Veto Message
Recommends that the effective date be changed to January 1, 2011 (instead of immediately).

Actions 
DateChamber Action
  1/25/2010HouseFiled with the Clerk by Rep. Lou Lang
  1/25/2010HouseFirst Reading
  1/25/2010HouseReferred to Rules Committee
  2/16/2010HouseAssigned to Judiciary I - Civil Law Committee
  3/3/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/3/2010HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/3/2010HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 017-000-000
  3/3/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2010HouseSecond Reading - Short Debate
  3/10/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/11/2010HouseThird Reading - Short Debate - Passed 112-000-000
  3/12/2010SenateArrive in Senate
  3/12/2010SenatePlaced on Calendar Order of First Reading
  3/12/2010SenateChief Senate Sponsor Sen. A. J. Wilhelmi
  3/12/2010SenateFirst Reading
  3/12/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Judiciary
  4/14/2010SenateDo Pass Judiciary; 008-000-000
  4/14/2010SenatePlaced on Calendar Order of 2nd Reading April 15, 2010
  4/23/2010SenateSecond Reading
  4/23/2010SenatePlaced on Calendar Order of 3rd Reading April 27, 2010
  4/23/2010SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  4/23/2010SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/28/2010SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/29/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. A. J. Wilhelmi
  4/29/2010SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/29/2010SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/29/2010SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  4/29/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
  5/4/2010SenateRecalled to Second Reading
  5/4/2010SenateSenate Floor Amendment No. 1 Adopted; Wilhelmi
  5/4/2010SenateSenate Floor Amendment No. 2 Adopted; Wilhelmi
  5/4/2010SenatePlaced on Calendar Order of 3rd Reading
  5/4/2010SenateThird Reading - Passed; 054-000-002
  5/4/2010HouseArrived in House
  5/4/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/4/2010HouseAdded Chief Co-Sponsor Rep. Dan Brady
  5/5/2010HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Lou Lang
  5/5/2010HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Lou Lang
  5/5/2010HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/5/2010HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/6/2010HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/6/2010HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/26/2010HouseSenate Floor Amendment No. 1 House Concurs 112-000-000
  5/26/2010HouseSenate Floor Amendment No. 2 House Concurs 112-000-000
  5/26/2010HousePassed Both Houses
  6/17/2010HouseSent to the Governor
  7/21/2010HouseRemove Chief Co-Sponsor Rep. Dan Brady
  8/13/2010HouseGovernor Amendatory Veto
  11/10/2010HousePlaced on Calendar Amendatory Veto November 16, 2010
  11/10/2010HouseMotion Filed Override Amendatory Veto Rep. Lou Lang; MOTION #1
  11/16/2010HouseAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Lou Lang; MOTION #2
  11/16/2010HouseAmendatory Veto Motion - Motion Referred to Rules Committee; MOTION #2
  11/17/2010HouseAmendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee; 004-000-000; MOTION #2
  11/17/2010House3/5 Vote Required
  11/17/2010HouseAccept Amendatory Veto - House Passed 072-042-000
  11/23/2010SenatePlaced on Calendar Amendatory Veto November 30, 2010
  12/8/2010HouseBill Dead - No Positive Action Taken - Amendatory Veto

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