90th General Assembly
Status of HB1619
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JONES,LOU-WOOD-TURNER,JOHN-LANG AND LOPEZ.

(OBAMA)

   755 ILCS 5/1-11           from Ch. 110 1/2, par. 1-11                       
   755 ILCS 5/9-1            from Ch. 110 1/2, par. 9-1                        
   755 ILCS 5/9-3            from Ch. 110 1/2, par. 9-3                        
   755 ILCS 5/11-3           from Ch. 110 1/2, par. 11-3                       
   755 ILCS 5/11-5           from Ch. 110 1/2, par. 11-5                       
   755 ILCS 5/11a-5          from Ch. 110 1/2, par. 11a-5                      
   755 ILCS 5/23-2           from Ch. 110 1/2, par. 23-2                       

        Amends the Probate Act of 1975.  Provides that a person who is  a      
   resident  of the United States (instead of this State) is qualified to      
   act as administrator.  Adds the qualification that the court must find      
   the person capable of providing an  active  and  suitable  program  of      
   guardianship  for  a  minor  in  order  to be a guardian.  Removes the      
   requirement that the guardian be a resident of  this  State.   Removes      
   the  provision  that  provides  that  if  the minor resides out of the      
   State,  the  court  may  appoint  the  guardian  without   nomination.      
   Provides   that   the   court  may  remove  a  representative  if  the      
   representative (instead of executor)  becomes  a  nonresident  of  the      
   United  States.  Removes the provision that allows the court to remove      
   a representative  if  the  administrator,  administrator  to  collect,      
   guardian of the estate, or temporary guardian becomes a nonresident of      
   this State.  Makes technical changes.  Effective immediately.               
          JUDICIAL NOTE                                                        
          There would be no increase or decrease in the need for the           
          number of judges.                                                    
          FISCAL NOTE (Ill. Courts Administrative Office)                      
          No fiscal impact on the Judicial Branch.                             
          STATE MANDATES FISCAL NOTE                                           
          HB1619 fails to create a State mandate.                              
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          765 ILCS 305/3                  from Ch. 30, par. 193                
          765 ILCS 305/4                  from Ch. 30, par. 194                
          765 ILCS 315/1                  from Ch. 30, par. 153                
        Amends the Statute Concerning Perpetuities.   Defines  "qualified      
   perpetual trust" as any trust to which, by its terms, the rule against      
   perpetuities  does not apply and of which the trustee has the power in      
   the trust document or under any provision of law to  sell,  lease,  or      
   mortgage property for any period of time beyond the period of the rule      
   against  perpetuities.   Provides  that  the rule against perpetuities      
   shall not apply to a qualified perpetual  trust  created  by  will  or      
   inter-vivos agreement executed or amended on or after January 1, 1998,      
   or  to  such  trusts  created  by  exercise  of a power of appointment      
   granted under instruments executed or amended on or after  January  1,      
   1998.   Amends  the  Perpetuities  Vesting  Act  to  exempt  qualified      
   perpetual  trusts  from  the  provision that no person shall settle or      
   dispose of any real or  person  property  in  violation  of  the  rule      
   against perpetuities.                                                       
   97-03-06  H  FIRST READING                                                  
   97-03-06  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-03-11  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   97-03-21  H  DO PASS/SHORT DEBATE                     011-000-000   HJUA    
   97-03-21  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-03-21  H                     FISCAL NOTE REQUESTED CROSS                 
   97-03-21  H                   JUDICIAL NOTE REQUESTED CROSS                 
   97-03-21  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-04  H                       JUDICIAL NOTE FILED                       
   97-04-04  H                         FISCAL NOTE FILED                       
   97-04-04  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-10  H  SECOND READING-SHORT DEBATE                                    
   97-04-10  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-12  H  STATE MANDATES FISCAL NOTE FILED                               
   97-04-12  H  CALENDAR ORDER 3RD READING-SHORT DEBATE                        
   97-04-16  H  THIRD READING/SHORT DEBATE/PASSED        116-000-000           
   97-04-16  H  ADDED AS A CO-SPONSOR                    LOPEZ                 
   97-04-17  S  ARRIVE IN SENATE                                               
   97-04-17  S  PLACED CALENDAR ORDER OF FIRST READING   97-04-23              
   97-04-18  S  CHIEF SPONSOR                            OBAMA                 
   97-04-23  S  FIRST READING                                                  
   97-04-23  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-04-25  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   97-05-07  S                             AMENDMENT NO. 01-JUDICIARY     S    
   97-05-07  S                                   ADOPTED                       
   97-05-07  S       DO PASS AS AMENDED                  007-001-000   SJUD    
   97-05-07  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-05-08              
   97-05-08  S  SECOND READING                                                 
   97-05-08  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-09              
   97-05-09  S  THIRD READING - PASSED                   055-001-000           
   97-05-09  H  ARRIVE IN HOUSE                                                
   97-05-09  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   97-05-13  H  ADDED AS A JOINT SPONSOR                 WOOD                  
   97-05-13  H  ADDED AS A CO-SPONSOR                    TURNER,JOHN           
   97-05-13  H  ADDED AS A CO-SPONSOR                    LANG                  
   97-05-17  H  MOTION FILED CONCUR                      01/JONES,LOU          
   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                    
   97-05-21  H             BE APPROVED FOR CONSIDERATION 01/011-000-000        
   97-05-21  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   97-05-22  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      01/115-002-000        
   97-05-22  H  PASSED BOTH HOUSES                                             
   97-06-20  H  SENT TO THE GOVERNOR                                           
   97-08-17  H  GOVERNOR APPROVED                                              
   97-08-17  H                            EFFECTIVE DATE 97-08-17              
   97-08-17  H  PUBLIC ACT.............................. 90-0472               

   END OF INQUIRY 



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