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91_SB0561ham001
LRB9103080DJcdam
1 AMENDMENT TO SENATE BILL 561
2 AMENDMENT NO. . Amend Senate Bill 561 as follows:
3 on page 1, by replacing lines 1 and 2 with the following:
4 "AN ACT concerning estates, amending named Acts."; and
5 after line 4, by inserting the following:
6 "Section 3. The Probate Act of 1975 is amended by
7 changing Sections 13-3 and 13-4 as follows:
8 (755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3)
9 Sec. 13-3. Compensation of public administrator.
10 (a) In counties having a population in excess of
11 1,000,000 The public administrator shall pay all the fees
12 collected by the office into the county treasury. Each year,
13 the county board shall appropriate an amount to be paid to
14 the public administrator as compensation for the public
15 administrator's performance of his or her duties and such
16 compensation shall be paid at a minimum level of $20,000
17 annually. That amount shall be paid from the fees collected
18 by the office of the public administrator. The county board
19 in such counties shall fix the amount for the public
20 administrator's compensation and necessary clerk hire,
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1 assistants, and office expense in the annual county budget
2 and appropriation ordinances, which shall be paid from the
3 county treasury. In such counties All fees of the office of
4 public administrator are subject to audit the same as are
5 fees of other county officers.
6 (b) On or before December 31 of each year, the public
7 administrator shall file with the clerk of the circuit court
8 in the county having jurisdiction, and with the Office of the
9 Comptroller of the State of Illinois, an annual report of all
10 moneys received and disbursed by the public administrator
11 under this Section. In counties having a population of
12 1,000,000 or less the public administrator may receive all
13 the fees of his office and shall bear the expenses connected
14 with the operation of such office.
15 (Source: P.A. 89-135, eff. 7-14-95.)
16 (755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4)
17 Sec. 13-4. Powers and duties of public administrator.)
18 (a) When a person dies owning any real or personal estate in
19 this State and there is no person in this State having a
20 prior right to administer his estate, the public
21 administrator of the county of which the decedent was a
22 resident, or of the county in which his estate is situated,
23 if the decedent was a nonresident of this State, may take
24 such measures as he deems proper to protect and secure the
25 estate from waste, loss or embezzlement until letters of
26 office on the estate are issued to the person entitled
27 thereto or until a demand for the removal of the personal
28 estate from this State is made by a nonresident
29 representative pursuant to the authority granted by this Act.
30 When letters of office are issued to the public
31 administrator, he has the same powers and duties as other
32 representatives of decedents' estates appointed under this
33 Act until he is discharged or his authority is sooner
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1 terminated by order of court. Whenever a public administrator
2 authorizes the sale of property by public auction, all bids
3 on the property must be sealed when submitted.
4 (b) In counties having a population in excess of
5 1,000,000 inhabitants, A public administrator shall deposit
6 his files of cases in which he receives a discharge with the
7 clerk of the court of the county in which he served or is
8 serving as such public administrator.
9 (Source: P.A. 80-808.)".