Illinois 100th Regular Session Status: Enacted 1 D cosponsors

HB 5047 — PROBATE ACT TRANSFER CAREGIVER

Last action — Public Act . . . . . . . . . 100-1059

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Presumptively Void Transfers Article of the Probate Act of 1975. Includes a civil union partner within the scope of the term "family member" and includes a transfer on death instrument within the scope of the term "transfer instrument". Makes changes regarding the rebuttable presumption that a transfer instrument is void if the transferee is a caregiver and the fair market value of the transferred property exceeds $20,000. Provides that if the property in question is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs prior to the recordation of a lis pendens for an action challenging the transfer. Sets forth conditions under which a financial institution or similar entity is not liable for distributing or releasing property when the transfer is challenged. Effective immediately.

Bill Text

What changed in the latest version

4 added · 4 removed

Plain-language change summary

The bill HB 5047 has undergone changes in its wording, specifically in the replacement of certain lines. These adjustments could indicate a refinement or clarification of the provisions within the bill. Such changes are important because they can impact how the legislation is interpreted and implemented, ensuring that it meets its intended goals more effectively.

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Previous
Latest
HB5047 Engrossed LRB100 18696 JLS 33928 b AN ACT concerning civil law.
HB5047 Enrolled LRB100 18696 JLS 33928 b AN ACT concerning civil law.
HB5047 Engrossed - 2 - LRB100 18696 JLS 33928 b (4) "Transferee" means a legatee, a beneficiary of a trust, a grantee of a deed, or any other person designated in a transfer instrument to receive a nonprobate transfer.
HB5047 Enrolled - 2 - LRB100 18696 JLS 33928 b (4) "Transferee" means a legatee, a beneficiary of a trust, a grantee of a deed, or any other person designated in a transfer instrument to receive a nonprobate transfer.
(d) If the holder of property subject to this Article is a HB5047 Engrossed - 3 - LRB100 18696 JLS 33928 b financial institution, trust company, trustee, or similar entity or person, including a subsidiary or affiliate thereof, it is not liable for distributing or releasing the property to the transferee, if:
(d) If the holder of property subject to this Article is a HB5047 Enrolled - 3 - LRB100 18696 JLS 33928 b financial institution, trust company, trustee, or similar entity or person, including a subsidiary or affiliate thereof, it is not liable for distributing or releasing the property to the transferee, if:
HB5047 Engrossed - 4 - LRB100 18696 JLS 33928 b (Source:
HB5047 Enrolled - 4 - LRB100 18696 JLS 33928 b (Source:
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Action History

  1. Public Act . . . . . . . . . 100-1059

  2. Effective Date August 24, 2018

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 056-000-000

  7. Rule 2-10 Third Reading Deadline Established As May 31, 2018

  8. Placed on Calendar Order of 3rd Reading May 16, 2018

  9. Second Reading

  10. Placed on Calendar Order of 2nd Reading May 10, 2018

  11. Do Pass Judiciary; 009-000-000

  12. Assigned to Judiciary

  13. Referred to Assignments

  14. First Reading

  15. Chief Senate Sponsor Sen. Don Harmon

  16. Placed on Calendar Order of First Reading

  17. Arrive in Senate

  18. Third Reading - Short Debate - Passed 104-000-000

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. House Floor Amendment No. 1 Adopted

  21. Held on Calendar Order of Second Reading - Short Debate

  22. Second Reading - Short Debate

  23. House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 006-000-000

  24. House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee

  25. House Floor Amendment No. 1 Referred to Rules Committee

  26. House Floor Amendment No. 1 Filed with Clerk by Rep. Emanuel Chris Welch

  27. Placed on Calendar 2nd Reading - Short Debate

  28. Do Pass / Short Debate Judiciary - Civil Committee; 011-000-000

  29. Reported Back To Judiciary - Civil Committee;

  30. Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000

  31. To Trusts & Estates Law Subcommittee

  32. Assigned to Judiciary - Civil Committee

  33. Referred to Rules Committee

  34. First Reading

  35. Filed with the Clerk by Rep. Emanuel Chris Welch

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democrat 15000
Republican 8001
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Not Voting
Bush — Yea
McConnaughay — Yea
Muñoz — Yea
Cullerton, T. — Yea
Link — Yea
Cullerton — Not Voting
Oberweis — Yea
Raoul — Yea
Clayborne — Yea
Connelly — Yea
Manar — Yea
McCann — Yea
Haine — Yea
McCarter — Yea
Rooney — Yea
Mulroe — Yea
Righter — Yea
Steans — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Brady — Yea
Hutchinson — Yea
Nybo — Yea
Sandoval — Yea
Schimpf — Yea
Silverstein — Yea
Landek — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 104 Yea · 0 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 65009
Republican 10002
Democrat 29003
Total 1040014
% of votes cast 88%0%0%12%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Yea
Bourne — Not Voting
Breen — Yea
Bristow — Yea
Butler — Yea
Carroll — Yea
Costello — Yea
McAuliffe — Yea
Sente — Yea
Bennett — Yea
Brady — Yea
Harris, David — Yea
Frese — Yea
Greenwood — Yea
Harris, Gregory — Yea
Lang — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
McDermed — Yea
McSweeney — Yea
Jones — Yea
Stewart — Yea
Stratton — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Wallace — Yea
Wehrli — Yea
Davis — Yea
Welter — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Winger — Yea
Williams — Yea
Mitchell, Christian — Yea
Yingling — Yea
Finnie, Natalie — Yea
Cavaletto — Yea
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Durkin — Yea
Hays — Yea
Hurley — Yea
Jesiel — Yea
Madigan — Not Voting
Sauer — Not Voting
Hernandez — Not Voting
Drury — Not Voting
Flowers — Yea
Fortner — Not Voting
Ives — Yea
Jimenez — Yea
Olsen — Yea
Parkhurst — Yea
Phillips — Not Voting
Pritchard — Yea
Reis — Not Voting
Riley — Yea
Skillicorn — Yea
Sommer — Yea
Soto — Not Voting
Willis — Yea
Zalewski — Yea
Long — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Not Voting
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Not Voting
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Not Voting
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Not Voting
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

finance housing civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5047 do?
Amends the Presumptively Void Transfers Article of the Probate Act of 1975. Includes a civil union partner within the scope of the term "family member" and includes a transfer on death instrument within the scope of the term "transfer instrument". Makes changes regarding the rebuttable presumption that a transfer instrument is void if the transferee is a caregiver and the fair market value of the transferred property exceeds $20,000. Provides that if the property in question is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs prior to the recordation of a lis pendens for an action challenging the transfer. Sets forth conditions under which a financial institution or similar entity is not liable for distributing or releasing property when the transfer is challenged. Effective immediately.
Who sponsors HB 5047?
HB 5047 is sponsored by Emanuel "Chris" Welch (Democrat).
What is the current status of HB 5047?
This bill has been enacted into law. Introduced February 14, 2018. Enacted.
Where can I track HB 5047?
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