90th General Assembly
Status of HB2152
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FEIGENHOLTZ-LANG.

(CULLERTON)

   735 ILCS 5/12-112         from Ch. 110, par. 12-112                         
   750 ILCS 5/505            from Ch. 40, par. 505                             
   750 ILCS 45/15            from Ch. 40, par. 2515                            

        Amends the Illinois Marriage and Dissolution of Marriage Act  and      
   the Illinois Parentage Act of 1984  to  provide  that  the  court  may      
   pierce  the  ownership  veil  of  an  entity  to  discover assets of a      
   non-custodial parent held in the name of that entity  if  there  is  a      
   financial  unity of interest between the two.  Provides that the court      
   may order discovery of the assets and compel the  application  of  any      
   discovered  assets  toward  payment on the judgment for support if the      
   non-custodial parent and the entity maintain records together, fail to      
   maintain an arms length relationship between themselves with regard to      
   any assets, or the non-custodial parent transfers assets to the entity      
   with the intent to perpetrate a fraud on the custodial parent.  Amends      
   the Code of Civil Procedure in  provisions  regarding  enforcement  of      
   judgments  to  provide for enforcement against assets discovered under      
   this procedure.                                                             
          STATE MANDATES FISCAL NOTE                                           
          HB2152 fails to create a State Mandate.                              
          JUDICIAL NOTE                                                        
          Impact on the need to increase the number of judges in the           
          State cannot be determined.                                          
          FISCAL NOTE (Office of Ill. Courts)                                  
          Fiscal impact on the Judicial Branch cannot be determined.           
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that assets discovered  under  the  procedure  described      
   shall  be  subject  to  attachment  or  other  provisional  remedy  in      
   accordance  with  the  procedure  prescribed  by  the  Code  of  Civil      
   Procedure.                                                                  
        SENATE AMENDMENT NO. 1.                                                
        Provides that the court may not authorize attachment of  property      
   or  any other provisional remedy under provisions of the Code of Civil      
   Procedure regarding what is liable to enforcement unless the court has      
   obtained jurisdiction over the entity holding title to the property by      
   proper service on that entity. With respect to assets which  are  real      
   property,  no  order  entered  under provisions regarding piercing the      
   ownership veil to enforce a support order shall affect the  rights  of      
   bona  fide  purchasers,  mortgagees, judgment creditors, or other lien      
   holders who acquire their interests in the property prior to the  time      
   a  notice  of lis pendens pursuant to the Code of Civil Procedure or a      
   copy of the order is placed of record in the office of the recorder of      
   deeds for the county in which the real property is located.                 
   97-03-10  H  FIRST READING                                                  
   97-03-10  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-03-11  H       ASSIGNED TO COMMITTEE               REVENUE               
   97-03-12  H       RE-ASSIGNED TO COMMITTEE            JUD-CIVIL LAW         
   97-03-20  H  ADDED AS A JOINT SPONSOR                 LANG                  
   97-03-21  H  DO PASS/SHORT DEBATE                     011-000-000   HJUA    
   97-03-21  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-03-21  H                     FISCAL NOTE REQUESTED CROSS                 
   97-03-21  H                   JUDICIAL NOTE REQUESTED CROSS                 
   97-03-21  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-11  H  STATE MANDATES FISCAL NOTE FILED                               
   97-04-11  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-14  H                         FISCAL NOTE FILED                       
   97-04-14  H                       JUDICIAL NOTE FILED                       
   97-04-14  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-16  H  SECOND READING-SHORT DEBATE                                    
   97-04-16  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-18  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   97-04-18  H                             AMENDMENT NO. 01-FEIGENHOLTZ        
   97-04-18  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-18  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-19  H                             AMENDMENT NO. 01-FEIGENHOLTZ        
   97-04-19  H                                BE ADOPTED HRUL                  
   97-04-19  H                             AMENDMENT NO. 01-FEIGENHOLTZ        
   97-04-19  H                                   ADOPTED                       
   97-04-19  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-24  H  THIRD READING/SHORT DEBATE/PASSED        114-000-000           
   97-04-25  S  ARRIVE IN SENATE                                               
   97-04-25  S  PLACED CALENDAR ORDER OF FIRST READING   97-04-29              
   97-04-29  S  CHIEF SPONSOR                            CULLERTON             
   97-04-29  S  FIRST READING                                                  
   97-04-29  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-04-30  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   97-05-07  S       DO PASS                             009-000-000   SJUD    
   97-05-07  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-05-08              
   97-05-08  S  FILED WITH SECRETARY                                           
   97-05-08  S                             AMENDMENT NO. 01-CULLERTON          
   97-05-08  S                     AMENDMENT REFERRED TO SRUL                  
   97-05-08  S                             AMENDMENT NO. 01-CULLERTON          
   97-05-08  S                           RULES REFERS TO SJUD                  
   97-05-09  S  SECOND READING                                                 
   97-05-09  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-12              
   97-05-16  S                             AMENDMENT NO. 01-CULLERTON          
   97-05-16  S             BE APPROVED FOR CONSIDERATION SJUD/007-000-000      
   97-05-16  S  RECALLED TO SECOND READING                                     
   97-05-16  S                             AMENDMENT NO. 01-CULLERTON          
   97-05-16  S                                   ADOPTED                       
   97-05-16  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-16              
   97-05-16  S  THIRD READING - PASSED                   057-000-000           
   97-05-16  H  ARRIVE IN HOUSE                                                
   97-05-16  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   97-05-19  H  MOTION FILED CONCUR                      01/FEIGENHOLTZ        
   97-05-19  H  REFERRED TO RULES COMMITTEE/RULE 75(A)   01                    
   97-05-19  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   97-05-21  H             BE APPROVED FOR CONSIDERATION 01/HRUL               
   97-05-21  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01                    
   97-05-22  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      01/117-001-000        
   97-05-22  H  PASSED BOTH HOUSES                                             
   97-06-20  H  SENT TO THE GOVERNOR                                           
   97-08-17  H  GOVERNOR APPROVED                                              
   97-08-17  H                            EFFECTIVE DATE 98-01-01              
   97-08-17  H  PUBLIC ACT.............................. 90-0476               

   END OF INQUIRY 



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