Bill Status of SB3204  97th General Assembly


Short Description:  POWER ATTORNEY-APPLICABILITY

Senate Sponsors
Sen. Kirk W. Dillard - Don Harmon

House Sponsors
(Rep. Emily McAsey )

Last Action
DateChamber Action
  7/30/2012SenatePublic Act . . . . . . . . . 97-0868

Statutes Amended In Order of Appearance
755 ILCS 45/2-4from Ch. 110 1/2, par. 802-4


Synopsis As Introduced
Amends the Illinois Power of Attorney Act. Provides that this Act does not apply to any agreement, other than an Illinois Statutory Short Form Power of Attorney, under which a financial institution is named as an agent for any person. Defines "financial institution". Provides that any agreement or contract of the type described is not a "non-statutory property power" subject to the requirements of being executed by the principal who designates the agent and the agent's powers and whose signature is witnessed and notarized; this provision is a declaration of existing law.

Senate Floor Amendment No. 1
Adds reference to:
755 ILCS 45/2-4from Ch. 110 1/2, par. 802-4

Replaces everything after the enacting clause. Provides that the Illinois Power of Attorney Act does not apply to specified types of agreements or contracts (including, but not limited to, certain proxies, delegations, directives, and authorizations) under which a financial institution is named as an agent for any person if the agreement or contract does not include in its terms a durable power of attorney that survives the incapacity of the principal. Includes a subsection stating that: an agreement or contract of any of the specified types is not a "nonstatutory property power" subject to provisions of the Act pertaining to statutory short form powers of attorney for property; and the subsection is declarative of existing law and applies to all agreements or contracts whenever executed. Effective immediately.

Senate Floor Amendment No. 2
Adds reference to:
755 ILCS 45/2-4from Ch. 110 1/2, par. 802-4

Replaces everything after the enacting clause. Provides that the Illinois Power of Attorney Act does not apply to specified types of agreements or contracts (including, but not limited to, certain proxies, delegations, directives, and authorizations) under which a financial institution is named as an agent for any person if the agreement or contract does not include in its terms a durable power of attorney that survives the incapacity of the principal. Includes a subsection stating that: an agreement or contract of any of the specified types is not a "nonstatutory property power" subject to provisions of the Act pertaining to statutory short form powers of attorney for property; and the subsection is declarative of existing law and applies to all agreements or contracts whenever executed. Effective immediately.

Actions 
DateChamber Action
  2/1/2012SenateFiled with Secretary by Sen. Kirk W. Dillard
  2/1/2012SenateChief Co-Sponsor Sen. Don Harmon
  2/1/2012SenateFirst Reading
  2/1/2012SenateReferred to Assignments
  2/7/2012SenateAssigned to Judiciary
  2/23/2012SenatePostponed - Judiciary
  2/28/2012SenateDo Pass Judiciary; 009-000-000
  2/28/2012SenatePlaced on Calendar Order of 2nd Reading February 29, 2012
  3/1/2012SenateSecond Reading
  3/1/2012SenatePlaced on Calendar Order of 3rd Reading March 6, 2012
  3/22/2012SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard
  3/22/2012SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/26/2012SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  3/27/2012SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  3/27/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard
  3/27/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/27/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  3/28/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 006-000-000
  3/28/2012SenateRecalled to Second Reading
  3/28/2012SenateSenate Floor Amendment No. 1 Adopted; Dillard
  3/28/2012SenateSenate Floor Amendment No. 2 Adopted; Dillard
  3/28/2012SenatePlaced on Calendar Order of 3rd Reading
  3/28/2012SenateThird Reading - Passed; 054-000-000
  3/29/2012HouseArrived in House
  3/29/2012HouseChief House Sponsor Rep. Emily McAsey
  3/29/2012HousePlaced on Calendar Order of First Reading
  3/29/2012HouseFirst Reading
  3/29/2012HouseReferred to Rules Committee
  4/30/2012HouseAssigned to Judiciary I - Civil Law Committee
  5/4/2012HouseCommittee Deadline Extended-Rule 9(b) May 18, 2012
  5/8/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 007-000-000
  5/9/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/11/2012HouseSecond Reading - Short Debate
  5/11/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/15/2012HouseThird Reading - Short Debate - Passed 111-000-002
  5/15/2012SenatePassed Both Houses
  6/13/2012SenateSent to the Governor
  7/30/2012SenateGovernor Approved
  7/30/2012SenateEffective Date July 30, 2012
  7/30/2012SenatePublic Act . . . . . . . . . 97-0868