SOS-DEPOSIT OF WILLS
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HB 151 — SOS-DEPOSIT OF WILLS
Last action — Public Act . . . . . . . . . 96-0137
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 12, 2009. 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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2 sponsors
0 primary, 2 co-sponsors signed on.
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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 Secretary of State Act. Provides that an attorney (or an attorney's representative or guardian) who certifies that he or she has been unable to locate a testator after a diligent search may deposit the testator's will with the Secretary of State. Requires the Secretary of State to: index, store, and perform other duties with respect to deposited wills; deliver the will to the testator or a designee or to a person specified in a court order; deliver the will to a court upon being notified of the death of the testator; and respond to inquiries regarding the will under specified circumstances. Contains provisions regarding fees, destruction of wills, immunity, and other matters. Provides that the index of wills created by the Secretary of State is a public record. Provides that fees collected in connection with the deposit of wills must be deposited into the Secretary of State Special Services Fund.
Bill Text
What changed in the latest version
6 added · 6 removedPlain-language change summary
The recent amendment to Bill HB 151 involved changing the labels from "Engrossed" to "Enrolled." This change signifies that the bill has passed through its legislative processes and is now in its final form, ready for further action, such as being sent to the governor for approval. This matters because it indicates progress in the legislative process and helps clarify the bill's status for those tracking its developments.
HB0151 EngrossedEnrolled LRB096 03114 RCE 13130 b AN ACT concerning State government.
A depositor may deposit a will with the Secretary of State if the depositor certifies in writing to HB0151 EngrossedEnrolled - 2 - LRB096 03114 RCE 13130 b the Secretary of State that the depositor is unable to locate the testator after a diligent search.
(B) the name, address, and telephone number of the HB0151 EngrossedEnrolled - 3 - LRB096 03114 RCE 13130 b depositor;
(ii) a person authorized, in writing signed by the HB0151 EngrossedEnrolled - 4 - LRB096 03114 RCE 13130 b testator and notarized, to receive the envelope;
HB0151 EngrossedEnrolled - 5 - LRB096 03114 RCE 13130 b (j) Destruction of will.
(b) If any person wilfully alters or destroys a will without the direction of the testator or wilfully secretes it for the period of 30 days after the death of the testator is HB0151 EngrossedEnrolled - 6 - LRB096 03114 RCE 13130 b known to him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony by the law in effect at the date of the offense.
Action History
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Public Act . . . . . . . . . 96-0137
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Effective Date January 1, 2010
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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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Third Reading - Passed; 055-000-000
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Placed on Calendar Order of 3rd Reading May 12, 2009
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Second Reading
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Placed on Calendar Order of 2nd Reading April 23, 2009
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Do Pass Judiciary; 011-000-000
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Assigned to Judiciary
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Added as Alternate Co-Sponsor Sen. Pamela J. Althoff
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Kwame Raoul
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Placed on Calendar Order of First Reading March 26, 2009
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Arrive in Senate
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Third Reading - Short Debate - Passed 114-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 016-000-000
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House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
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Assigned to Judiciary I - Civil Law Committee
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Referred to Rules Committee
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First Reading
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Prefiled with Clerk by Rep. Sidney H. Mathias
Sponsors
- Sidney H. Mathias · Cosponsor
- Pamela J. Althoff · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 2 co-sponsors · 181 not signed on
Sponsors (0)
None.
Co-sponsors (2)
- Sidney H. Mathias
- Pamela J. Althoff
Not signed on (181)
181 members have not signed on to this bill.
Show all 181 →"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 | 45 | 0 | 0 | 4 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 55 | 0 | 0 | 4 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hendon | — | Yea |
| McCarter | — | Yea |
| Meeks | — | Yea |
| Schoenberg | — | Yea |
| Demuzio | — | Yea |
| Hutchinson | — | Yea |
| Jacobs | — | Yea |
| Kotowski | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Not Voting |
| Munoz | — | Yea |
| Jones, J. | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Noland | — | Yea |
| Radogno | — | Yea |
| Cullerton | — | Yea |
| Silverstein | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Not Voting |
| Cronin | — | Not Voting |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hultgren | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Steans | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Not Voting |
| Millner | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 100 | 0 | 0 | 3 |
| Democrat | 11 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 1 |
| Total | 114 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Hatcher | — | Yea |
| Myers | — | Yea |
| Jackson | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Madigan | — | Yea |
| Moffitt | — | Yea |
| Mitchell, Jerry | — | Yea |
| Mulligan | — | Not Voting |
| Gordon, Jehan | — | Yea |
| Nekritz | — | Yea |
| Phelps | — | Yea |
| Pihos | — | Yea |
| Thapedi | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Watson | — | Yea |
| Hernandez | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Howard | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Gordon, Careen | — | Not Voting |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Holbrook | — | Yea |
| Jakobsson | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Mathias | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Davis, Monique | — | Yea |
| Mell | — | Yea |
| Mendoza | — | Yea |
| Reitz | — | Yea |
| Senger | — | Yea |
| Lyons | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Jefferson | — | Yea |
| Kosel | — | Not Voting |
| Osmond | — | Yea |
| Osterman | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Burns | — | Yea |
| Connelly | — | Yea |
| McAsey | — | Yea |
| Coulson | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | 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 | Not Voting |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 151 do?
- Amends the Secretary of State Act. Provides that an attorney (or an attorney's representative or guardian) who certifies that he or she has been unable to locate a testator after a diligent search may deposit the testator's will with the Secretary of State. Requires the Secretary of State to: index, store, and perform other duties with respect to deposited wills; deliver the will to the testator or a designee or to a person specified in a court order; deliver the will to a court upon being notified of the death of the testator; and respond to inquiries regarding the will under specified circumstances. Contains provisions regarding fees, destruction of wills, immunity, and other matters. Provides that the index of wills created by the Secretary of State is a public record. Provides that fees collected in connection with the deposit of wills must be deposited into the Secretary of State Special Services Fund.
- Who sponsors HB 151?
- HB 151 is sponsored by Sidney H. Mathias and Pamela J. Althoff.
- What is the current status of HB 151?
- This bill has been enacted into law. Introduced January 12, 2009. Enacted.
- Where can I track HB 151?
- Track HB 151 free on One Click Politics — get push/email alerts when it moves.
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