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HB0028 - 104th General Assembly
ILLINOIS RECEIVERSHIP ACT
Last Action
House Sponsors
Rep. Jawaharial Williams - Daniel Didech - Rick Ryan - Harry Benton and Camille Y. LillySenate Sponsors
(Sen. Robert F. Martwick)Statutes Amended In Order of Appearance
New Act
Synopsis As Introduced
Creates the Illinois Receivership Act. Creates a process in which a person is appointed by the court as the court's agent under the court's direction to take possession of, manage and, if authorized by the Act or court order, transfer, sell, lease, or otherwise dispose of receivership property. Provides criteria for a court to provide notice and opportunity for a hearing as appropriate before the court can issue an order under the Act. Applies to real property and any personal property related to or used in operating the real property, personal property and fixtures, and other business assets such as corporations, limited liability companies and trusts among other things. Provides that this Act does not apply to (i) an interest in real property improved by one to six dwelling units with some exceptions; (ii) a receiver that is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit unless the unit elects for this Act to apply; and (iii) a receiver appointed under the Illinois Mortgage Foreclosure Law. Defines terms. Provides for the powers and duties of a receiver, disqualification of a receiver, the status of a receiver as lien holder, duties of an owner, powers of the court in managing a receivership, and defenses and immunities of a receiver. Makes other changes.
House Floor Amendment No. 1
Provides that this Act does not apply to residential real estate as defined in the Illinois Mortgage Foreclosure Law. Deletes provisions that this Act does not apply to a receivership for an interest in real property improved by one to six dwelling units unless: (1) the interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence; (2) the interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes; (3) the owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business; or (4) the owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
House Floor Amendment No. 2
Provides that the Act does not apply to a receivership if the receiver is appointed under the Nursing Home Care Act.
Actions
| Date | Chamber | Action |
|---|---|---|
| 12/05/2024 | House | Prefiled with Clerk by Rep. Daniel Didech |
| 1/09/2025 | House | First Reading |
| 1/09/2025 | House | Referred to Rules Committee |
| 2/04/2025 | House | Assigned to Judiciary - Civil Committee |
| 2/19/2025 | House | Do Pass / Short Debate Judiciary - Civil Committee; 018-001-000 |
| 2/19/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 2/20/2025 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Daniel Didech |
| 2/20/2025 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 2/25/2025 | House | House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee |
| 2/26/2025 | House | House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 018-000-000 |
| 2/27/2025 | House | House Floor Amendment No. 2 Filed with Clerk by Rep. Daniel Didech |
| 2/27/2025 | House | House Floor Amendment No. 2 Referred to Rules Committee |
| 3/04/2025 | House | House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee |
| 3/05/2025 | House | House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 017-000-000 |
| 3/18/2025 | House | Second Reading - Short Debate |
| 3/18/2025 | House | House Floor Amendment No. 1 Adopted |
| 3/18/2025 | House | House Floor Amendment No. 2 Adopted |
| 3/18/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/04/2025 | House | Chief Sponsor Changed to Rep. Jawaharial Williams |
| 4/04/2025 | House | Added Chief Co-Sponsor Rep. Daniel Didech |
| 4/08/2025 | House | Third Reading - Short Debate - Passed 116-000-000 |
| 4/08/2025 | House | Added Chief Co-Sponsor Rep. Rick Ryan |
| 4/08/2025 | House | Added Chief Co-Sponsor Rep. Harry Benton |
| 4/08/2025 | House | Added Co-Sponsor Rep. Camille Y. Lilly |
| 4/09/2025 | Senate | Arrive in Senate |
| 4/09/2025 | Senate | Placed on Calendar Order of First Reading April 10, 2025 |
| 4/10/2025 | Senate | Chief Senate Sponsor Sen. Robert F. Martwick |
| 4/10/2025 | Senate | First Reading |
| 4/10/2025 | Senate | Referred to Assignments |
| 4/23/2025 | Senate | Assigned to Judiciary |
| 5/01/2025 | Senate | Do Pass Judiciary; 007-000-000 |
| 5/01/2025 | Senate | Placed on Calendar Order of 2nd Reading May 6, 2025 |
| 5/08/2025 | Senate | Second Reading |
| 5/08/2025 | Senate | Placed on Calendar Order of 3rd Reading May 13, 2025 |
| 5/20/2025 | Senate | Placed on Calendar Order of 3rd Reading ** |
| 5/22/2025 | Senate | Third Reading - Passed; 058-000-000 |
| 5/22/2025 | House | Passed Both Houses |
| 6/20/2025 | House | Sent to the Governor |
| 8/01/2025 | House | Governor Approved |
| 8/01/2025 | House | Effective Date January 1, 2026 |
| 8/01/2025 | House | Public Act . . . . . . . . . 104-0034 |