Illinois 96th Regular Session Status: Enacted

HB 151 — SOS-DEPOSIT OF WILLS

Last action — Public Act . . . . . . . . . 96-0137

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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 12, 2009. 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.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • 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 removed

Plain-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.

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Previous
Latest
HB0151 Engrossed LRB096 03114 RCE 13130 b AN ACT concerning State government.
HB0151 Enrolled 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 Engrossed - 2 - LRB096 03114 RCE 13130 b the Secretary of State that the depositor is unable to locate the testator after a diligent search.
A depositor may deposit a will with the Secretary of State if the depositor certifies in writing to HB0151 Enrolled - 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 Engrossed - 3 - LRB096 03114 RCE 13130 b depositor;
(B) the name, address, and telephone number of the HB0151 Enrolled - 3 - LRB096 03114 RCE 13130 b depositor;
(ii) a person authorized, in writing signed by the HB0151 Engrossed - 4 - LRB096 03114 RCE 13130 b testator and notarized, to receive the envelope;
(ii) a person authorized, in writing signed by the HB0151 Enrolled - 4 - LRB096 03114 RCE 13130 b testator and notarized, to receive the envelope;
HB0151 Engrossed - 5 - LRB096 03114 RCE 13130 b (j) Destruction of will.
HB0151 Enrolled - 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 Engrossed - 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.
(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 Enrolled - 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.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 96-0137

  2. Effective Date January 1, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 055-000-000

  7. Placed on Calendar Order of 3rd Reading May 12, 2009

  8. Second Reading

  9. Placed on Calendar Order of 2nd Reading April 23, 2009

  10. Do Pass Judiciary; 011-000-000

  11. Assigned to Judiciary

  12. Added as Alternate Co-Sponsor Sen. Pamela J. Althoff

  13. Referred to Assignments

  14. First Reading

  15. Chief Senate Sponsor Sen. Kwame Raoul

  16. Placed on Calendar Order of First Reading March 26, 2009

  17. Arrive in Senate

  18. Third Reading - Short Debate - Passed 114-000-000

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

  20. Second Reading - Short Debate

  21. Placed on Calendar 2nd Reading - Short Debate

  22. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 016-000-000

  23. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  24. House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee

  25. Assigned to Judiciary I - Civil Law Committee

  26. Referred to Rules Committee

  27. First Reading

  28. 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.

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 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 45004
Democrat 9000
Republican 1000
Total 55004
% 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

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 100003
Democrat 11000
Republican 3001
Total 114004
% 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

Official roll call →

Subjects

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 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?
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