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HB 1560 — BUSINESS-TECH
Last action — Public Act . . . . . . . . . 100-0004
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 31, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 3 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 Illinois Securities Law of 1953. Makes a technical change in a Section concerning definitions.
Bill Text
What changed in the latest version
187 added · 173 removedPlain-language change summary
In the updated version of Bill HB 1560, the criteria outlining which vehicles are exempt from certain warranty regulations have been expanded. Specifically, the clarifications now include provisions for vehicles with a gross weight over 8,000 pounds and antique or collector vehicles. Additionally, the bill now specifies that these warranty rules do not apply if a dealer provides a warranty equal to or better than the minimum required. These changes are important because they offer more clarity on consumer protections when purchasing used vehicles, potentially affecting the quality of sales in the market.
HB1560 EngrossedEnrolled LRB100 03434 JLS 13439 b AN ACT concerning business.
(3) in the case of a motor vehicle which is 3 or more, but HB1560 EngrossedEnrolled - 2 - LRB100 03434 JLS 13439 b less than 4 years old, 10%;
(e) The age of the vehicle shall be measured according to the manufacturer's model year designation as shown on the HB1560 EngrossedEnrolled - 3 - LRB100 03434 JLS 13439 b Certificate of Title or Registration Certificate.
(a) Any retail sale of a used motor vehicle made after the effective date of this amendatory Act of the 99th General Assembly to a consumer by a licensed vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or by an HB1560 EngrossedEnrolled - 4 - LRB100 03434 JLS 13439 b auction company at an auction that is open to the general public is made subject to this Section.
(b) This Section does not apply to vehiclesany withof more than 150,000 miles at the timefollowing: of sale.
In(1) addition,a thisvehicle Section does not apply to vehicles with titlesmore thatthan have150,000 beenmiles brandedat "rebuilt"the ortime "flood".of sale;.
(c)In Anyaddition, salethis ofSection adoes used motor vehicle as described in subsection (a) may not exclude,apply modify,to or(2) disclaim the implied warranty of merchantability prescribed in Section 2-314 of the Uniform Commercial Code or limit the remedies for a breach of the warranty before midnight of the 15th calendar day after delivery of a used motor vehicle orvehicles untilwith a usedtitle motortitles vehiclethat ishas drivenhave 500been milesbranded after"rebuilt" delivery,or whichever"flood";. is earlier.
(3) a vehicle with a gross vehicle weight rating of 8,000 pounds or more;
or (4) a vehicle that is an antique vehicle, as defined in the Illinois Vehicle Code, or that is a collector motor vehicle.
(b-5) This Section does not apply to the sale of any vehicle for which the dealer offers an express warranty that provides coverage that is equal to or greater than the limited implied warranty of merchantability required under this Section 2L.
(c) Except as otherwise provided in this Section 2L, any Any sale of a used motor vehicle as described in subsection (a) may not exclude, modify, or disclaim the implied warranty of merchantability created under this Section 2L prescribed in Section 2-314 of the Uniform Commercial Code or limit the remedies for a breach of the warranty hereunder before midnight of the 15th calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven 500 miles after HB1560 Enrolled - 5 - LRB100 03434 JLS 13439 b delivery, whichever is earlier.
(d) An implied warranty of merchantability is met if a used HB1560motor Engrossedvehicle -functions 5for -the LRB100purpose 03434of JLSordinary 13439transportation bon motorthe vehiclepublic functionshighway and substantially free of a defect in a power train component.
In calculating time, a day on which the implied warranty of merchantability is HB1560 Enrolled - 6 - LRB100 03434 JLS 13439 b breached is excluded and all subsequent days in which the used motor vehicle fails to conform with the warranty are also excluded.
HB1560 Engrossed - 6 - LRB100 03434 JLS 13439 b (6) neglect;
The consumer shall pay one-half of the cost of the first 2 repairs necessary to bring HB1560 Enrolled - 7 - LRB100 03434 JLS 13439 b the used motor vehicle into compliance with the warranty.
(3) in writing to the seller's address provided on the seller's bill of sale for the purchase of the motor HB1560 Engrossed - 7 - LRB100 03434 JLS 13439 b vehicle;
(h) An agreement for the sale of a used motor vehicle subject to this Section is voidable at the option of the consumer, unless it contains on its face or in a separate document the following conspicuous statement printed in HB1560 Enrolled - 8 - LRB100 03434 JLS 13439 b boldface 10-point or larger type set off from the body of the agreement:
(i) The inclusion in the agreement of the statement HB1560 Engrossed - 8 - LRB100 03434 JLS 13439 b prescribed in subsection (h) of this Section does not create an express warranty.
(2) the consumer agrees to buy the used motor vehicle HB1560 Enrolled - 9 - LRB100 03434 JLS 13439 b after disclosure of the defect;
(k) It shall be an affirmative defense to any claim under HB1560 Engrossed - 9 - LRB100 03434 JLS 13439 b this Section that:
(l) Other than the 15-day, 500-mile implied warranty of merchantability identified herein, a seller subject to this Section is not required to provide any further express or HB1560 Enrolled - 10 - LRB100 03434 JLS 13439 b implied warranties to a purchasing consumer unless:
7-1-17.) HB1560 Engrossed - 10 - LRB100 03434 JLS 13439 b Section 95.
This Act takes effect uponJuly becoming1, law.2017.
Action History
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Public Act . . . . . . . . . 100-0004
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Effective Date July 1, 2017
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Concurs
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3/5 Vote Required
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Senate Floor Amendment No. 2 House Concurs 096-000-000
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Senate Floor Amendment No. 1 House Concurs 096-000-000
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Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Consumer Protection Committee; 005-000-000
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Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Consumer Protection Committee; 005-000-000
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Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Consumer Protection Committee
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Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Consumer Protection Committee
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Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
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Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
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Senate Floor Amendment No. 2 Motion Filed Concur Rep. Rita Mayfield
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Senate Floor Amendment No. 1 Motion Filed Concur Rep. Rita Mayfield
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Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2
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Arrived in House
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Third Reading - Passed; 054-000-000
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 2 Adopted; Link
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Senate Floor Amendment No. 1 Adopted; Link
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Recalled to Second Reading
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Senate Floor Amendment No. 2 Recommend Do Adopt Commerce and Economic Development; 007-000-000
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Senate Floor Amendment No. 1 Recommend Do Adopt Commerce and Economic Development; 007-000-000
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Senate Floor Amendment No. 2 Assignments Refers to Commerce and Economic Development
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Senate Floor Amendment No. 1 Assignments Refers to Commerce and Economic Development
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Terry Link
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Terry Link
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Placed on Calendar Order of 3rd Reading May 15, 2017
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Second Reading
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Placed on Calendar Order of 2nd Reading May 12, 2017
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Do Pass Commerce and Economic Development; 007-000-000
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Alternate Chief Sponsor Changed to Sen. Terry Link
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Assigned to Commerce and Economic Development
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. John J. Cullerton
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Third Reading - Short Debate - Passed 102-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted
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House Floor Amendment No. 1 Adopted
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House Floor Amendment No. 2 Recommends Be Adopted Consumer Protection Committee; 005-000-000
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House Floor Amendment No. 1 Recommends Be Adopted Consumer Protection Committee; 005-000-000
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House Floor Amendment No. 1 Rules Refers to Consumer Protection Committee
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Chief Sponsor Changed to Rep. Rita Mayfield
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House Floor Amendment No. 2 Rules Refers to Consumer Protection Committee
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Rita Mayfield
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Placed on Calendar 2nd Reading - Short Debate
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Rita Mayfield
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Placed on Calendar 2nd Reading - Short Debate **
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Do Pass / Short Debate Executive Committee; 011-000-000
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Assigned to Executive Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Michael J. Madigan
Sponsors
- Rita Mayfield · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Rita Mayfield Democrat
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 57 | 0 | 0 | 16 |
| Republican | 10 | 0 | 0 | 2 |
| Democrat | 29 | 0 | 0 | 3 |
| Total | 96 | 0 | 0 | 21 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Batinick | — | Not Voting |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Bourne | — | Yea |
| Breen | — | Yea |
| Butler | — | Yea |
| McAuliffe | — | Yea |
| Flowers | — | Yea |
| Frese | — | Yea |
| Hays | — | Yea |
| Greenwood | — | Yea |
| Sauer | — | Yea |
| Bennett | — | Yea |
| Harris, Gregory | — | Yea |
| Lang | — | Yea |
| Brady | — | Yea |
| Hernandez | — | Yea |
| Long | — | Yea |
| McDermed | — | Yea |
| Burke, Daniel | — | Yea |
| McSweeney | — | Yea |
| Parkhurst | — | Yea |
| Phillips | — | Not Voting |
| Stewart | — | Yea |
| Stratton | — | Yea |
| Tabares | — | Yea |
| Davis | — | Yea |
| Thapedi | — | Yea |
| Turner | — | Yea |
| Wallace | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Christian | — | Yea |
| Wheeler, Keith | — | Yea |
| Wehrli | — | Yea |
| Willis | — | Yea |
| Yingling | — | Yea |
| Cavaletto | — | Yea |
| Conroy | — | Yea |
| Conyears-Ervin | — | Yea |
| Costello | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Yea |
| Drury | — | Yea |
| Fortner | — | Yea |
| Ives | — | Yea |
| Jesiel | — | Yea |
| Harris, David | — | Not Voting |
| Burke, Kelly | — | Not Voting |
| Jones | — | Not Voting |
| Wheeler, Barbara | — | Not Voting |
| Williams | — | Not Voting |
| Madigan | — | Not Voting |
| Currie | — | Not Voting |
| Durkin | — | Not Voting |
| Unes | — | Not Voting |
| Welter | — | Not Voting |
| Zalewski | — | Not Voting |
| Nekritz | — | Not Voting |
| Hurley | — | Yea |
| Jimenez | — | Yea |
| Olsen | — | Yea |
| Phelps | — | Yea |
| Pritchard | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Sente | — | Yea |
| Skillicorn | — | Yea |
| Sommer | — | Not Voting |
| Soto | — | Not Voting |
| Winger | — | Yea |
| Andersson | — | Yea |
| Arroyo | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Not Voting |
| Elgie R. Sims, Jr. | Democrat | Not Voting |
| Emanuel "Chris" Welch | Democrat | Not Voting |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| 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 |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| 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 | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Tony M. McCombie | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 0 | 0 | 3 |
| Democrat | 13 | 0 | 0 | 1 |
| Republican | 7 | 0 | 0 | 1 |
| Total | 54 | 0 | 0 | 5 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| Harris | — | Yea |
| Bennett | — | Yea |
| McGuire | — | Yea |
| Landek | — | Yea |
| Link | — | Yea |
| Manar | — | Yea |
| McConnaughay | — | Yea |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Oberweis | — | Not Voting |
| Brady | — | Yea |
| Radogno | — | Yea |
| Silverstein | — | Yea |
| Cullerton | — | Yea |
| Steans | — | Yea |
| Cullerton, T. | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Haine | — | Not Voting |
| Trotter | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| Rooney | — | Yea |
| Hutchinson | — | Yea |
| Nybo | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Schimpf | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Not Voting |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Not Voting |
| 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 | Yea |
| Dave Syverson | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sue Rezin | Republican | Not Voting |
| Travis Weaver | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 64 | 0 | 0 | 10 |
| Republican | 10 | 0 | 0 | 2 |
| Democrat | 28 | 0 | 0 | 4 |
| Total | 102 | 0 | 0 | 16 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Batinick | — | Not Voting |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Bourne | — | Yea |
| Breen | — | Yea |
| Butler | — | Yea |
| Costello | — | Yea |
| McAsey | — | Not Voting |
| McAuliffe | — | Yea |
| Durkin | — | Yea |
| Flowers | — | Yea |
| Frese | — | Yea |
| Greenwood | — | Yea |
| Hays | — | Yea |
| Lang | — | Yea |
| Pritchard | — | Yea |
| Sente | — | Yea |
| Harris, David | — | Yea |
| Sauer | — | Yea |
| Harris, Gregory | — | Yea |
| Bennett | — | Yea |
| Hernandez | — | Yea |
| Brady | — | Yea |
| Jones | — | Yea |
| Hurley | — | Yea |
| Ives | — | Yea |
| Jesiel | — | Yea |
| Jimenez | — | Yea |
| Long | — | Yea |
| Madigan | — | Yea |
| McDermed | — | Yea |
| McSweeney | — | Yea |
| Davis | — | Yea |
| Nekritz | — | Yea |
| Mitchell, Bill | — | Yea |
| Parkhurst | — | Yea |
| Wheeler, Barbara | — | Yea |
| Mitchell, Christian | — | Yea |
| Wheeler, Keith | — | Yea |
| Phillips | — | Not Voting |
| Stewart | — | Yea |
| Tabares | — | Yea |
| Thapedi | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Wehrli | — | Yea |
| Burke, Daniel | — | Not Voting |
| Burke, Kelly | — | Not Voting |
| Willis | — | Yea |
| Winger | — | Yea |
| Zalewski | — | Not Voting |
| Williams | — | Not Voting |
| Cavaletto | — | Yea |
| Conroy | — | Yea |
| Conyears-Ervin | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Not Voting |
| Demmer | — | Yea |
| Drury | — | Yea |
| Fortner | — | Yea |
| Olsen | — | Yea |
| Phelps | — | Yea |
| Reis | — | Yea |
| Riley | — | Not Voting |
| Skillicorn | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Stratton | — | Yea |
| Wallace | — | Yea |
| Welter | — | Yea |
| Yingling | — | Yea |
| Andersson | — | Yea |
| Arroyo | — | Not Voting |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Elgie R. Sims, Jr. | 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 | Not Voting |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Not Voting |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Not Voting |
| Martin J. Moylan | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| 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 | Not Voting |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Dave Severin | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Not Voting |
| Norine K. Hammond | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 1560 do?
- Amends the Illinois Securities Law of 1953. Makes a technical change in a Section concerning definitions.
- Who sponsors HB 1560?
- HB 1560 is sponsored by Rita Mayfield (Democrat).
- What is the current status of HB 1560?
- This bill has been enacted into law. Introduced January 31, 2017. Enacted.
- Where can I track HB 1560?
- Track HB 1560 free on One Click Politics — get push/email alerts when it moves.
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