92nd General Assembly
Status of SB1697
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DILLARD.

(BEAUBIEN)

   760 ILCS 5/1              from Ch. 17, par. 1651                            

        Amends the Trusts and Trustees Act.  Makes technical changes in a      
   Section concerning the Act's short title.                                   
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          760 ILCS 5/1                                                         
          Adds reference to:                                                   
          760 ILCS 5/5.3 new                                                   
        Deletes everything. Amends the Trusts and Trustees Act.  Provides      
   that  a  trustee  may  convert  a  trust  into a total return trust if      
   specified conditions apply. Provides that a  trustee  may  petition  a      
   court  to  order  the conversion to a total return trust under certain      
   circumstances. Provides that a beneficiary may request  a  trustee  to      
   convert  to a total return trust and, if the trustee declines or fails      
   to act within a reasonable time after receiving a written  request  to      
   do so, the beneficiary may petition the court to order the conversion.      
   Provides  that  a court shall order conversion to a total return trust      
   if the court determines that the conversion will enable the trustee to      
   better carry out  the  purposes  of  the  trust.  Contains  provisions      
   regarding:  duties  of  a trustee; release of the power granted by the      
   new provisions; contents of  agreements;  administration;  allocation;      
   actions  that  may  be ordered by a court; restrictions concerning the      
   distribution  amount;   tax   matters;   limitations   on   liability;      
   applicability; and other matters. Effective immediately.                    
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes everything and reinserts the provisions of  the  bill  as      
   amended  with  the following changes: makes various changes concerning      
   conversion to a total return  trust  by  a  trustee;  adds  provisions      
   concerning  conversion  to  a  total  return trust by agreement; makes      
   various changes concerning conversion to a total  return  trust  by  a      
   court;  provides  that,  while  a trust is converted to a total return      
   trust, the trustee shall pay to a  beneficiary  (in  the  case  of  an      
   underpayment)  and shall recover from a beneficiary (in the case of an      
   overpayment) an amount equal to  the  difference  between  the  amount      
   properly   payable   and  the  amount  actually  paid,  plus  interest      
   compounded annually at a rate equal to the distribution percentage  in      
   the year or years  while the underpayment or overpayment exists; makes      
   various  changes  concerning  valuation  of  assets;  adds  provisions      
   concerning the release by a trustee of the power  granted by  the  new      
   provisions  if the trustee reasonably  believes the release is  in the      
   best interests  of  the  trust and its  beneficiaries;  makes  changes      
   concerning remedies; makes other changes. Effective immediately.            
        HOUSE AMENDMENT NO. 2.                                                 
         Provides that a beneficiary may request the  trustee  to  adjust      
   the distribution percentage of a total return trust. Provides that, if      
   the trustee declines or fails to act within 6 months after receiving a      
   written  request  to  do so, the beneficiary may petition the court to      
   order the adjustment. Provides that the trustee may petition the court      
   prospectively to adjust the distribution percentage of a total  return      
   trust  if  the  trustee determines that the adjustment will enable the      
   trustee to better carry out the purposes of the trust. Provides that a      
   beneficiary  may  request  the   trustee   to   petition   the   court      
   prospectively  to adjust the distribution percentage of a total return      
   trust. Provides that, if the trustee declines or fails to act within 6      
   months after receiving a written request to do so, the beneficiary may      
   petition the court  to  order  the  adjustment.   Makes  corresponding      
   changes  elsewhere in the new provisions.  In provisions setting forth      
   actions that may be ordered by a court in a proceeding  brought  by  a      
   trustee,   provides  that  nothing  in  those  provisions  limits  the      
   equitable powers of the court  to  grant  other  relief.  Makes  other      
   changes.                                                                    
   JAN-30-2002  S  FIRST READING                                                  
   JAN-30-2002  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   FEB-27-2002  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   MAR-05-2002  S                             AMENDMENT NO. 01-JUDICIARY     S    
   MAR-05-2002  S                                   ADOPTED                       
   MAR-06-2002  S       DO PASS AS AMENDED                  011-000-000   SJUD    
   MAR-06-2002  S  PLACED ON CALENDAR ORDER OF 2ND READING  02-03-07              
   MAR-07-2002  S  SECOND READING                                                 
   MAR-07-2002  S  PLACED ON CALENDAR ORDER OF 3RD READING  02-03-20              
   APR-03-2002  S  THIRD READING - PASSED                   057-000-000           
   APR-03-2002  H  ARRIVE IN HOUSE                                                
   APR-03-2002  H  HOUSE SPONSOR                            BEAUBIEN              
   APR-03-2002  H  FIRST READING                                                  
   APR-03-2002  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   APR-10-2002  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   APR-18-2002  H  DO PASS/SHORT DEBATE                     010-000-000   HJUA    
   APR-18-2002  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAY-01-2002  H                             AMENDMENT NO. 01-BEAUBIEN           
   MAY-01-2002  H                     AMENDMENT REFERRED TO HRUL                  
   MAY-01-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-02-2002  H  3RD RDG. DEADLINE EXTENDED-RULE          9(B) TO 05/17/02      
   MAY-02-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-07-2002  H                             AMENDMENT NO. 02-BEAUBIEN           
   MAY-07-2002  H                     AMENDMENT REFERRED TO HRUL                  
   MAY-07-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-15-2002  H  3RD RDG/PASSAGE DEADLINE EXTENDED-RULE   9(B) TO 5/31/02       
   MAY-15-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-21-2002  H                             AMENDMENT NO. 01-BEAUBIEN           
   MAY-21-2002  H  RECOMMENDS BE ADOPTED                    HRUL/005-000-000      
   MAY-21-2002  H                             AMENDMENT NO. 02-BEAUBIEN           
   MAY-21-2002  H  RECOMMENDS BE ADOPTED                    HRUL/005-000-000      
   MAY-21-2002  H  SECOND READING-SHORT DEBATE                                    
   MAY-21-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   MAY-22-2002  H                             AMENDMENT NO. 01-BEAUBIEN           
   MAY-22-2002  H                                   ADOPTED                       
   MAY-22-2002  H                             AMENDMENT NO. 02-BEAUBIEN           
   MAY-22-2002  H                                   ADOPTED                       
   MAY-22-2002  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAY-29-2002  H  THIRD READING/SHORT DEBATE/PASSED        114-000-003           
   MAY-29-2002  S  SECRETARYS DESK - CONCURRENCE            01,02                 
   MAY-30-2002  S  FILED WITH SECRETARY                                           
   MAY-30-2002  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/DILLARD         
   MAY-30-2002  S                        MOTION REFERRED TO SRUL                  
   MAY-30-2002  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/DILLARD         
   MAY-30-2002  S                           RULES REFERS TO SJUD                  
   MAY-30-2002  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/DILLARD         
   MAY-30-2002  S             BE APPROVED FOR CONSIDERATION SJUD/009-000-000      
   MAY-31-2002  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/DILLARD         
   MAY-31-2002  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      01,02/056-000-000     
   MAY-31-2002  S  PASSED BOTH HOUSES                                             
   JUN-28-2002  S  SENT TO THE GOVERNOR                                           
   AUG-22-2002  S  GOVERNOR APPROVED                                              
   AUG-22-2002  S                            EFFECTIVE DATE 02-08-22              
   AUG-22-2002  S  PUBLIC ACT.............................. 92-0838               

   END OF INQUIRY 



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