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 Bill Status of SB3592  97th General Assembly


Short Description:  PROBATE-ORDER APPOINT GUARDIAN

Senate Sponsors
Sen. Ira I. Silverstein

House Sponsors
(Rep. Sara Feigenholtz  and Angelo Saviano)

Last Action
DateChamber Action
  8/24/2012SenatePublic Act . . . . . . . . . 97-1093

Statutes Amended In Order of Appearance
755 ILCS 5/11-3from Ch. 110 1/2, par. 11-3


Synopsis As Introduced
Amends the Probate Act of 1975. Makes a technical change to a Section concerning guardians.

Senate Committee Amendment No. 1
Deletes reference to:
755 ILCS 5/11-3
Adds reference to:
755 ILCS 5/Art. XXVI heading
755 ILCS 5/26-2from Ch. 110 1/2, par. 26-2
755 ILCS 5/26-3 new

Replaces everything after the enacting clause. Amends the Probate Act. Adds orders appointing plenary and limited guardians (currently administrators, temporary guardians and representatives) to the orders that are not stayed upon filing an appeal or post judgment motion.

House Committee Amendment No. 1
Deletes reference to:
755 ILCS 5/Art. XXVI heading
755 ILCS 5/26-2from Ch. 110 1/2, par. 26-2
755 ILCS 5/26-3 new
Adds reference to:
20 ILCS 3955/31from Ch. 91 1/2, par. 731
705 ILCS 105/27.3f new
755 ILCS 5/11a-12from Ch. 110 1/2, par. 11a-12
755 ILCS 5/11a-20from Ch. 110 1/2, par. 11a-20

Replaces everything after the enacting clause. Amends the Guardianship and Advocacy Act. Provides that when a court appoints the State Guardian, the court shall indicate in the order the reasons that the State Guardian appointment, rather than the appointment of another interested party, is required. Amends the Clerks of Courts Act to require the payment of guardianship and advocacy operation fees in specified types of cases to defray the expense of maintaining and operating the divisions and programs of the Guardianship and Advocacy Commission and to support viable guardianship and advocacy programs. Exempts certain parties from these fees. Amends the Guardians for Disabled Adults Article of the Probate Act of 1975. Makes various changes in provisions authorizing the appointment of a limited guardian for a person or person's estate when the person is found to lack some, but not all, capacity and provisions for the appointment of a plenary guardian. In provisions regarding termination of adjudications of disability and termination of guardianships, adds language setting forth criteria for termination of the adjudication of disability of the ward and revocation of the letters of guardianship of the estate or person. Makes other changes.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1 with the following changes: In regard to fees for filing a claim in an estate, changes the fee to $50 (rather than $100) when the amount claimed is $150 or more but less than $500; changes the fee to $100 (rather than $115) when the amount claimed is $500 or more but less than $10,000; and changes the fee to $150 (rather than $135) when the amount claimed is $10,000 or more. Changes the fee for each jury demand to $90 (rather than $180). In regard to fees collected, provides that 20% of the fee shall be retained by the clerk for deposit into the Circuit Court Clerk Operation and Administrative Fund.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1 with the following changes: Imposes a fee of $100 (rather than $50) for the administration of the estate of a decedent (whether testate or intestate) or of a missing person. Removes amendatory changes imposing alternate fee amounts when the value of the real and personal property of the decedent (whether testate or intestate) does not exceed $15,000; when proof of heirship alone is made; when a domestic or foreign will is admitted to probate; or when letters of office are issued for a particular purpose without administration of the estate. Removes amendatory changes imposing a fee in matters concerning the administration of the estate of a ward that results in the appointment of the Office of State Guardian. Removes amendatory changes imposing certain filing fees. Provides that the guardianship and advocacy operations fee (rather than fees) shall be in addition to all other fees and charges and assessable as costs. Provides that 5% (rather than 20%) of the fee shall be retained by the clerk for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray costs of collection and 95% (rather than 80%) of the fee shall be disbursed within 60 days after receipt by the circuit clerk to the State Treasurer for deposit by the State Treasurer into the Guardianship and Advocacy Fund.

Actions 
DateChamber Action
  2/10/2012SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/10/2012SenateFirst Reading
  2/10/2012SenateReferred to Assignments
  2/23/2012SenateAssigned to Judiciary
  2/28/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  2/28/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/6/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/6/2012SenateSenate Committee Amendment No. 1 Adopted
  3/7/2012SenateDo Pass as Amended Judiciary; 009-000-000
  3/7/2012SenatePlaced on Calendar Order of 2nd Reading March 8, 2012
  3/21/2012SenateSecond Reading
  3/21/2012SenatePlaced on Calendar Order of 3rd Reading March 22, 2012
  3/22/2012SenateThird Reading - Passed; 052-000-000
  3/22/2012HouseArrived in House
  4/18/2012HouseChief House Sponsor Rep. Sara Feigenholtz
  4/18/2012HousePlaced on Calendar Order of First Reading
  4/18/2012HouseFirst Reading
  4/18/2012HouseReferred to Rules Committee
  5/23/2012HouseFinal Action Deadline Extended-9(b) May 29, 2012
  5/23/2012HouseAssigned to Judiciary I - Civil Law Committee
  5/24/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz
  5/24/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/24/2012HouseMotion Filed to Suspend Rule 25 Judiciary I - Civil Law Committee; Rep. Barbara Flynn Currie
  5/24/2012HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  5/25/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  5/25/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  5/25/2012HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 006-004-000
  5/25/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/25/2012HouseSecond Reading - Short Debate
  5/25/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  5/26/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Sara Feigenholtz
  5/28/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/29/2012HouseAdded Alternate Co-Sponsor Rep. Angelo Saviano
  5/29/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  5/30/2012HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  5/30/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Sara Feigenholtz
  5/30/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/31/2012HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
  5/31/2012HouseRecalled to Second Reading - Short Debate
  5/31/2012HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/31/2012HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/31/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2012HouseThird Reading - Short Debate - Passed 074-043-000
  5/31/2012SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2, 3
  5/31/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2, 3 - May 31, 2012
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/31/2012SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/31/2012SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/31/2012SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/31/2012SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  5/31/2012SenateHouse Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments
  5/31/2012SenateHouse Floor Amendment No. 3 Motion to Concur Be Approved for Consideration Assignments
  5/31/2012SenateHouse Committee Amendment No. 1 Senate Concurs 030-026-001
  5/31/2012SenateHouse Floor Amendment No. 2 Senate Concurs 030-026-001
  5/31/2012SenateHouse Floor Amendment No. 3 Senate Concurs 030-026-001
  5/31/2012SenatePassed Both Houses
  6/29/2012SenateSent to the Governor
  8/24/2012SenateGovernor Approved
  8/24/2012SenateEffective Date January 1, 2013
  8/24/2012SenatePublic Act . . . . . . . . . 97-1093

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