Illinois 93rd Regular Session Status: Enacted

HB 1017 — TRUSTS-TECH

Last action — Public Act . . . . . . . . . 93-0668

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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 January 31, 2003. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 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 Trusts and Trustees Act. Makes a technical change in a Section concerning a trustee's powers.

Bill Text

What changed in the latest version

58 added · 6 removed

Plain-language change summary

The amendment to Bill HB 1017 introduces a new section that allows for the creation of trusts specifically for the care of domestic or pet animals. This means that pet owners can set aside funds that must be used exclusively for the care of their pets, ensuring they are financially supported even after the owner's passing. This change matters because it provides legal protection for pets and offers peace of mind to owners who want to ensure their animals are cared for according to their wishes.

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Latest
HB1017 Engrossed LRB093 05546 DRJ 05638 b AN ACT in relation to trusts.
HB1017 Enrolled LRB093 05546 DRJ 05638 b AN ACT in relation to trusts.
The Trusts and Trustees Act is amended by changing Section 4 as follows:
The Trusts and Trustees Act is amended by adding Section 15.2 as follows:
(760 ILCS 5/4) (from Ch.
(760 ILCS 5/15.2 new) Sec.
17, par.
15.2.
1654) Sec.
Trusts for domestic or pet animals.
4.
(a) A trust for the care of one or more designated domestic or pet animals is valid.
Powers of _r______ -------.
The trust terminates when no living animal is covered by the trust.
The trustee has the powers specified in Sections 4.01 through 4.25.
A governing instrument shall be liberally construed to bring the transfer within this Section, to presume against a merely precatory or honorary nature of its disposition, and to carry out the general intent of the transferor.
(Source:
Extrinsic evidence is admissible in determining the transferor’s intent.
P.A.
(b) A trust for the care of one or more designated domestic or pet animals is subject to the following provisions:
88-367.)
(1) Except as expressly provided otherwise in the instrument creating the trust, no portion of the principal or income of the trust may be converted to the use of the trustee or to a use other than for the trust’s purposes or for the benefit of a covered animal.
(2) Upon termination, the trustee shall transfer the unexpended trust property in the following order:
(A) as directed in the trust instrument;
(B) if there is no such direction in the trust instrument and if the trust was created in a non-residuary clause in the transferor’s will, then under the residuary clause in the transferor’s will;
or (C) if no taker is produced by the application of subparagraph (A) or (B), then to the transferor’s heirs, determined according to Section 2-1 of the HB1017 Enrolled - 2 - LRB093 05546 DRJ 05638 b Probate Act of 1975.
(3) The intended use of the principal or income may be enforced by an individual designated for that purpose in the trust instrument or, if none, by an individual appointed by a court having jurisdiction of the matter and parties, upon petition to it by an individual.
(4) Except as ordered by the court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or fee is required by reason of the existence of the fiduciary relationship of the trustee.
(5) The court may reduce the amount of the property transferred if it determines that the amount substantially exceeds the amount required for the intended use.
The amount of the reduction, if any, passes as unexpended trust property under paragraph (2).
(6) If a trustee is not designated or no designated trustee is willing and able to serve, the court shall name a trustee.
The court may order the transfer of the property to another trustee if the transfer is necessary to ensure that the intended use is carried out, and if a successor trustee is not designated in the trust instrument or if no designated successor trustee agrees to serve and is able to serve.
The court may also make other orders and determinations as are advisable to carry out the intent of the transferor and the purpose of this Section.
(7) The trust is exempt from the operation of the common law rule against perpetuities.
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Action History

  1. Public Act . . . . . . . . . 93-0668

  2. Effective Date January 1, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Added Co-Sponsor Rep. Karen A. Yarbrough

  6. Passed Both Houses

  7. Added Chief Co-Sponsor Rep. Thomas Holbrook

  8. Added Chief Co-Sponsor Rep. Sara Feigenholtz

  9. Added Co-Sponsor Rep. Patricia R. Bellock

  10. Senate Floor Amendment No. 1 House Concurs 116-000-000

  11. Chief Sponsor Changed to Rep. Terry R. Parke

  12. Added Co-Sponsor Rep. Rosemary Mulligan

  13. Added Co-Sponsor Rep. Robin Kelly

  14. Sponsor Removed Rep. Barbara Flynn Currie

  15. Co-Sponsor Rep. Angelo Saviano

  16. Added Chief Co-Sponsor Rep. Sidney H. Mathias

  17. Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 015-000-000

  18. Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee

  19. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  20. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Sara Feigenholtz

  21. Approved for Consideration Rules Committee; 003-000-000

  22. Chief Sponsor Changed to Rep. Sara Feigenholtz

  23. Rule 19(a) / Re-referred to Rules Committee

  24. Final Action Deadline Extended-9(b) May 31, 2003

  25. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  26. Arrived in House

  27. Third Reading - Passed; 053-000-000

  28. Placed on Calendar Order of 3rd Reading

  29. Senate Floor Amendment No. 1 Adopted; Harmon

  30. Recalled to Second Reading

  31. Added as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard

  32. Alternate Chief Sponsor Changed to Sen. Don Harmon

  33. Senate Floor Amendment No. 1 Be Approved for Consideration Judiciary; 006-000-000

  34. Senate Floor Amendment No. 1 Rules Refers to Judiciary

  35. Senate Floor Amendment No. 1 Referred to Rules

  36. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  37. Third Reading Deadline Extended - Rule 2-10, to December 31, 2003.

  38. Placed on Calendar Order of 3rd Reading May 7, 2003

  39. Second Reading

  40. Placed on Calendar Order of 2nd Reading May 6, 2003

  41. Do Pass Executive; 007-004-000

  42. Assigned to Executive

  43. Referred to Rules

  44. First Reading

  45. Chief Senate Sponsor Sen. Emil Jones, Jr.

  46. Placed on Calendar Order of First Reading April 9, 2003

  47. Arrive in Senate

  48. Third Reading - Short Debate - Passed 069-044-004

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

  50. Held on Calendar Order of Second Reading - Short Debate **

  51. Second Reading - Short Debate

  52. Placed on Calendar 2nd Reading - Short Debate **

  53. Do Pass / Short Debate Executive Committee; 010-000-000

  54. Assigned to Executive Committee

  55. Referred to Rules Committee

  56. First Reading

  57. Chief Co-Sponsor Rep. John A. Fritchey

  58. Chief Co-Sponsor Rep. Barbara Flynn Currie

  59. Filed with the Clerk by Rep. Michael J. Madigan

Sponsors

  • Terry R. Parke · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 5 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Terry R. Parke

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

Concurrence, Amendment 1

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 104002
Democrat 9000
Republican 3000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Lang — Yea
Leitch — Yea
Madigan — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
McAuliffe — Yea
Molaro — Yea
Jakobsson — Yea
Jefferson — Yea
Pankau — Yea
Kurtz — Yea
Parke — Yea
Phelps — Yea
Lindner — Yea
Mathias — Yea
McCarthy — Yea
Bailey — Yea
McKeon — Yea
Mendoza — Yea
Lyons, Eileen — Yea
Meyer — Yea
Millner — Yea
Reitz — Yea
Lyons, Joseph — Yea
Moffitt — Yea
Pihos — Yea
Scully — Yea
Slone — Yea
Tenhouse — Yea
Turner — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Capparelli — Yea
Churchill — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hamos — Yea
Hassert — Yea
Krause — Yea
Watson — Yea
Jones — Yea
Morrow — Yea
Mulligan — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Howard — Not Voting
Munson — Yea
Myers — Yea
Nekritz — Yea
Osmond — Yea
Osterman — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Holbrook — Yea
Hultgren — Yea
Kosel — Yea
Poe — Not Voting
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 46005
Democrat 6001
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Not Voting
Soden — Yea
Maloney — Not Voting
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Geo-Karis — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Munoz — Yea
Luechtefeld — Not Voting
Meeks — Yea
Sullivan, D. — Yea
Obama — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Radogno — Yea
Jacobs — Yea
Jones, J. — Yea
Schoenberg — Yea
Jones, W. — Yea
Shadid — Yea
Watson — Yea
Cullerton — Yea
Silverstein — Yea
Demuzio — Yea
Trotter — Yea
Clayborne — Yea
Crotty — Yea
DeLeo — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Woolard — Yea
Dillard — Not Voting
Peterson — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Not Voting
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 69 Yea · 44 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 624004
Democrat 7200
Republican 0201
Total 694405
% of votes cast 58%37%0%4%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Sommer — Nay
Soto — Yea
Acevedo — Yea
Aguilar — Nay
Mathias — Nay
Beaubien — Yea
Bassi — Nay
Bellock — Nay
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Nay
Boland — Yea
May — Nay
Bost — Yea
Brauer — Nay
Brosnahan — Yea
Capparelli — Yea
Molaro — Yea
Fritchey — Not Voting
Hassert — Yea
Myers — Yea
Hultgren — Nay
Jefferson — Nay
Osmond — Nay
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Morrow — Yea
Lyons, Eileen — Yea
Bailey — Yea
Lyons, Joseph — Yea
Mulligan — Yea
Reitz — Yea
Novak — Yea
Washington — Yea
Winters — Yea
McGuire — Yea
Bradley, Richard — Yea
Brady — Yea
Hannig — Yea
Mitchell, Bill — Yea
Burke — Yea
Howard — Yea
Watson — Yea
Jones — Yea
Colvin — Yea
Cross — Yea
Dunkin — Yea
Dunn — Yea
Flowers — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hartke — Yea
Krause — Nay
Kurtz — Nay
Davis, Monique — Yea
Davis, Steve — Yea
Lang — Yea
Leitch — Nay
Madigan — Not Voting
Moffitt — Nay
Munson — Nay
Nekritz — Nay
O'Brien — Yea
Osterman — Yea
Mitchell, Jerry — Nay
Sullivan — Nay
Pankau — Nay
Pihos — Nay
Poe — Nay
Slone — Nay
Tenhouse — Nay
Turner — Not Voting
Verschoore — Nay
Wait — Nay
Wirsing — Yea
Churchill — Nay
Coulson — Nay
Cultra — Nay
Currie — Yea
Daniels — Yea
Eddy — Nay
Flider — Nay
Forby — Nay
Franks — Nay
Froehlich — Nay
Holbrook — Nay
Jakobsson — Nay
Kosel — Yea
Yarbrough — Yea
Younge — Yea
Parke — Not Voting
Phelps — Nay
Ryg — Nay
Sacia — Nay
Chapa LaVia — Nay
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Nay
Robert "Bob" Rita Democrat Nay
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Not Voting

Official roll call →

Subjects

technology
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 1017 do?
Amends the Trusts and Trustees Act. Makes a technical change in a Section concerning a trustee's powers.
Who sponsors HB 1017?
HB 1017 is sponsored by Terry R. Parke.
What is the current status of HB 1017?
This bill has been enacted into law. Introduced January 31, 2003. Enacted.
Where can I track HB 1017?
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