90th General Assembly
Status of HB0358
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NOVAK-FANTIN-HOLBROOK.

(O'MALLEY)

   765 ILCS 77/5                                                               
   765 ILCS 77/25                                                              
   765 ILCS 77/30                                                              
   765 ILCS 77/35                                                              
   765 ILCS 77/40                                                              
   765 ILCS 77/55                                                              

        Amends the Residential Real Property  Disclosure  Act.   Provides      
   that the Act applies only to a "seller" who is a person or entity with      
   a  legal  or  equitable  interest in the residential real property and      
   either has occupied or  has  had  management  responsibility  for  the      
   property.   Provides  that  the seller shall supplement the disclosure      
   document if it contains  known  errors  or  is  subsequently  rendered      
   inaccurate  before closing.  Adds to the disclosure report form a note      
   that the disclosures reflect the current condition of the premises and      
   do not include previously corrected  problems.   Provides  that  if  a      
   material  defect  is  disclosed  in  a supplemental document, then the      
   prospective buyer shall not have the right to terminate  the  contract      
   unless  the  seller  had  actual  knowledge  of  the defect before the      
   initial disclosure.  Provides that if the seller fails or  refuses  to      
   deliver   the   disclosure  document  before  the  conveyance  of  the      
   residential property, then the buyer shall have the right to terminate      
   the contract.                                                               
        HOUSE AMENDMENT NO. 1.                                                 
        Replaces the amendatory provisions defining "seller"  to  provide      
   that  the  Residential  Real  Property  Disclosure  Act applies to all      
   sellers who have a legal or equitable interest in the residential real      
   property, but does not apply to a person who has neither occupied  nor      
   managed  the property.  Deletes the amendatory provision requiring the      
   seller to supplement  the  disclosure  document  if  the  document  is      
   rendered  inaccurate by any occurrence  before closing.  Provides that      
   the  disclosure  document  does  not  include  problems   the   seller      
   reasonably believes have been corrected.                                    
          FISCAL NOTE, H-AM 1 (Office of Banks & Real Estate)                  
          There would be no fiscal or operational impact on this Office.       
          STATE MANDATES FISCAL NOTE, H-AM 1                                   
          HB358, as amended by H-am 1, fails to create a State mandate.        
        SENATE AMENDMENT NO. 1.                                                
        Deletes the amendatory provisions defining "seller" and adds that      
   the Act applies to every seller.  Makes other changes.                      
   97-01-29  H  FIRST READING                                                  
   97-01-29  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-02-05  H       ASSIGNED TO COMMITTEE               ENVRMNT ENRGY         
   97-02-06  H  ADDED AS A JOINT SPONSOR                 FANTIN                
   97-02-20  H       RE-ASSIGNED TO COMMITTEE            JUD-CIVIL LAW         
   97-03-19  H                     FISCAL NOTE REQUESTED AS AMENDED/CROSS      
   97-03-19  H  STATE MANDATES FISCAL NOTE REQUESTED     AS AMENDED/CROSS      
   97-03-19  H                   COMMITTEE               JUD-CIVIL LAW         
   97-03-20  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   97-03-20  H                                   ADOPTED                       
   97-03-20  H  DO PASS AMENDED/SHORT DEBATE             010-000-000   HJUA    
   97-03-20  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-03-26  H                         FISCAL NOTE FILED AS AMENDED            
   97-03-26  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-07  H  STATE MANDATES FISCAL NOTE FILED         AS AMENDED            
   97-04-07  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-08  H  SECOND READING-SHORT DEBATE                                    
   97-04-08  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-09  H  THIRD READING/SHORT DEBATE/PASSED        117-000-000           
   97-04-10  S  ARRIVE IN SENATE                                               
   97-04-10  S  PLACED CALENDAR ORDER OF FIRST READING                         
   97-04-10  S  CHIEF SPONSOR                            O'MALLEY              
   97-04-10  S  FIRST READING                                                  
   97-04-10  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-04-17  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   97-04-24  S                                 POSTPONED                       
   97-04-30  S                             AMENDMENT NO. 01-JUDICIARY     S    
   97-04-30  S                                   ADOPTED                       
   97-04-30  S       DO PASS AS AMENDED                  009-000-000   SJUD    
   97-04-30  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-05-01              
   97-05-01  S  SECOND READING                                                 
   97-05-01  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-06              
   97-05-08  S  THIRD READING - PASSED                   056-000-000           
   97-05-08  H  ARRIVE IN HOUSE                                                
   97-05-08  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   97-05-16  H  ADDED AS A CO-SPONSOR                    HOLBROOK              
   97-05-17  H  MOTION FILED CONCUR                      01/NOVAK              
   97-05-17  H  REFERRED TO RULES COMMITTEE/RULE 75(A)   01                    
   97-05-17  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   97-05-19  H                        MOTION REFERRED TO 01/HJUA               
   97-05-19  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   97-05-20  H             BE APPROVED FOR CONSIDERATION 01/010-000-000        
   97-05-20  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      01/118-000-000        
   97-05-20  H  PASSED BOTH HOUSES                                             
   97-06-18  H  SENT TO THE GOVERNOR                                           
   97-08-15  H  GOVERNOR APPROVED                                              
   97-08-15  H                            EFFECTIVE DATE 98-01-01              
   97-08-15  H  PUBLIC ACT.............................. 90-0383               

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