Illinois General Assembly - Bill Status for HB1712

Illinois General Assembly - Bill Status for HB1712

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Bill Status of HB1712 97th General Assembly

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Short Description: POWER ATTORNEY-EXCLUDED POWER

House Sponsors
Rep. Timothy L. Schmitz - JoAnn D. Osmond

Senate Sponsors
(Sen. Ira I. Silverstein)

Last Action

Date	Chamber	Action
11/17/2011	House	Bill Dead - No Positive Action Taken - Amendatory Veto

Statutes Amended In Order of Appearance

755 ILCS 45/2-3

from Ch. 110 1/2, par. 802-3

755 ILCS 45/2-4

from Ch. 110 1/2, par. 802-4

755 ILCS 45/2-5

from Ch. 110 1/2, par. 802-5

755 ILCS 45/3-3

from Ch. 110 1/2, par. 803-3

Synopsis As Introduced
Amends the Illinois Power of Attorney Act. Defines "excluded power of attorney" to include powers of attorney given primarily for various business, commercial, and governmental purposes. Provides that designated portions of the Act (concerning standard of care and recordkeeping, agency-court relationship, and other matters) do not apply to an excluded power of attorney. Provides that an excluded power of attorney is not revoked by a subsequent power of attorney; it may only be revoked by the mechanism provided in the excluded power of attorney itself, or by a written instrument that makes specific reference to the excluded power of attorney being revoked. Includes a nonacceleration provision.

House Committee Amendment No. 1
Further amends the Illinois Power of Attorney Act. In the definition of "excluded power of attorney", adds as one of the meanings: a power of attorney that authorizes a financial institution or its employee to act as an investment manager, with a third-party serving as the custodian of the cash, securities, commodities, or other financial assets on behalf of the principal.

Governor Amendatory Veto Message
Proposes to further amend the Illinois Power of Attorney Act. Deletes from the definition of "excluded power of attorney" 3 types of powers of attorney: a power given primarily for a commercial purpose; a power coupled with an interest in the subject of the power; and a power created pursuant to a federal or State statute. Deletes provision that made portions of this Act inapplicable to an excluded power of attorney. Deletes provision that states that an excluded power of attorney is not revoked by a subsequent power of attorney, including a subsequent power of attorney that states that all other powers of attorney are revoked. Provides that language in the statutory short form power of attorney shall state that by executing the statutory short form power of attorney for property, the principal revokes all prior statutory short form powers of attorney for property (instead of stating that the principal revokes all prior powers of attorney for property executed by the principal, other than excluded powers of attorney as defined in the Illinois Power of Attorney Act).

Actions

Date	Chamber	Action
2/16/2011	House	Filed with the Clerk by Rep. Mark H. Beaubien, Jr.
2/16/2011	House	First Reading
2/16/2011	House	Referred to Rules Committee
2/22/2011	House	Assigned to Judiciary I - Civil Law Committee
3/1/2011	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Mark H. Beaubien, Jr.
3/1/2011	House	House Committee Amendment No. 1 Referred to Rules Committee
3/7/2011	House	House Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
3/9/2011	House	House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
3/9/2011	House	Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-000-000
3/9/2011	House	Placed on Calendar 2nd Reading - Short Debate
3/17/2011	House	Second Reading - Short Debate
3/17/2011	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/5/2011	House	Added Chief Co-Sponsor Rep. JoAnn D. Osmond
4/7/2011	House	Third Reading - Short Debate - Passed 112-000-000
4/7/2011	Senate	Arrive in Senate
4/7/2011	Senate	Placed on Calendar Order of First Reading April 8, 2011
4/8/2011	Senate	Chief Senate Sponsor Sen. Ira I. Silverstein
4/11/2011	Senate	First Reading
4/11/2011	Senate	Referred to Assignments
4/27/2011	Senate	Assigned to Judiciary
5/5/2011	Senate	Postponed - Judiciary
5/10/2011	Senate	Do Pass Judiciary; 008-000-000
5/10/2011	Senate	Placed on Calendar Order of 2nd Reading May 11, 2011
5/12/2011	Senate	Second Reading
5/12/2011	Senate	Placed on Calendar Order of 3rd Reading May 13, 2011
5/17/2011	Senate	Third Reading - Passed; 057-000-000
5/17/2011	House	Passed Both Houses
6/15/2011	House	Sent to the Governor
8/12/2011	House	Governor Amendatory Veto
10/24/2011	House	Placed on Calendar Amendatory Veto October 25, 2011
10/24/2011	House	Chief Sponsor Changed to Rep. Timothy L. Schmitz
10/24/2011	House	Motion Filed Override Amendatory Veto Rep. Timothy L. Schmitz
10/26/2011	House	3/5 Vote Required
10/26/2011	House	Override Amendatory Veto - House Passed 077-038-001
11/2/2011	Senate	Placed on Calendar Amendatory Veto November 8, 2011
11/17/2011	House	Bill Dead - No Positive Action Taken - Amendatory Veto