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 Bill Status of SB1877  99th General Assembly


Short Description:  TRUSTS & TRUSTEE-CERTIFICATION

Senate Sponsors
Sen. Ira I. Silverstein

House Sponsors
(Rep. Emily McAsey )

Last Action
DateChamber Action
  8/10/2015SenatePublic Act . . . . . . . . . 99-0337

Statutes Amended In Order of Appearance
760 ILCS 5/8.5 new


Synopsis As Introduced
Amends the Trusts and Trustees Act. Provides that instead of furnishing a copy of the trust instrument to a person other than the beneficiary, the trustee may furnish to the person a certification of trust containing specified information. Provides that a certification of trust may be signed or otherwise authenticated by any trustee and need not contain the dispositive terms of the trust. Includes other provisions governing the form and content of the certification of trust. Contains provisions concerning persons who act in reliance upon a certification of trust. Provides that the new provisions do not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. Effective immediately.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: (1) provides that the certification must (instead of "may") be signed or otherwise authenticated by one or more of the trustees (instead of "any trustee"), and that a third party may require that the certification of trust be acknowledged; (2) provides that the Attorney General's Charitable Trust Bureau is deemed to be acting in good faith when demanding a copy of the trust instrument; (3) changes the portion of the form certification concerning the manner for taking title to trust property; (4) deletes language in the certification form that to the best of the trustee's knowledge, there is no claim, challenge of any kind, or cause of action alleged that contests or questions the validity of the trust or the trustee's authority to act for the trust; and (5) adds language to the form certification indicating that notarization of the certification is optional. Effective immediately.

Senate Floor Amendment No. 2
Provides that the new provisions do not modify or limit any obligation a trustee may have to furnish a copy of a trust instrument to the Attorney General under the Charitable Trust Act or the Solicitation for Charity Act.

Actions 
DateChamber Action
  2/20/2015SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/20/2015SenateFirst Reading
  2/20/2015SenateReferred to Assignments
  3/11/2015SenateAssigned to Judiciary
  3/13/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  3/13/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/17/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/17/2015SenateSenate Committee Amendment No. 1 Adopted
  3/18/2015SenateDo Pass as Amended Judiciary; 010-000-000
  3/18/2015SenatePlaced on Calendar Order of 2nd Reading March 19, 2015
  3/19/2015SenateSecond Reading
  3/19/2015SenatePlaced on Calendar Order of 3rd Reading March 24, 2015
  3/26/2015SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein
  3/26/2015SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/14/2015SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/15/2015SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
  4/15/2015SenateRecalled to Second Reading
  4/15/2015SenateSenate Floor Amendment No. 2 Adopted; Silverstein
  4/15/2015SenatePlaced on Calendar Order of 3rd Reading April 16, 2015
  4/22/2015SenateThird Reading - Passed; 055-000-000
  4/22/2015HouseArrived in House
  4/23/2015HouseChief House Sponsor Rep. Emily McAsey
  4/23/2015HouseFirst Reading
  4/23/2015HouseReferred to Rules Committee
  5/13/2015HouseFinal Action Deadline Extended-9(b) May 22, 2015
  5/13/2015HouseAssigned to Judiciary - Civil Committee
  5/19/2015HouseDo Pass / Short Debate Judiciary - Civil Committee; 011-000-000
  5/19/2015HousePlaced on Calendar 2nd Reading - Short Debate
  5/20/2015HouseSecond Reading - Short Debate
  5/20/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015
  5/29/2015HouseThird Reading - Short Debate - Passed 113-000-001
  5/29/2015SenatePassed Both Houses
  6/26/2015SenateSent to the Governor
  8/10/2015SenateGovernor Approved
  8/10/2015SenateEffective Date August 10, 2015
  8/10/2015SenatePublic Act . . . . . . . . . 99-0337

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