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IL HB0029

Bill

Status

Introduced

1/9/2025

Primary Sponsor

Daniel Didech

Click for details

Origin

House of Representatives

104th General Assembly

AI Summary

  • Creates the Uniform Special Deposits Act to govern special deposit accounts held by banks for the benefit of two or more beneficiaries, where funds are subject to contingencies before payment is required

  • Requires special deposits to serve a permissible purpose such as holding escrow funds, tenant security deposits, settlement funds, earnest money, or compensation under court judgments from creation until termination

  • Banks are obligated to pay beneficiaries when contingencies are met and sufficient collected funds exist in the deposit; if funds are insufficient, beneficiaries may elect to receive available funds or a pro rata share

  • Protects special deposits from creditor process (garnishment, liens, etc.) against the bank, except when the bank becomes obligated to pay a specific depositor or beneficiary

  • Courts may only enjoin bank payments from special deposits if payment would constitute or facilitate material fraud; banks have no fiduciary duty but must comply with account agreements, and deposits automatically terminate after five years unless otherwise specified

Legislative Description

UNIFORM SPECIAL DEPOSITS ACT

Last Action

Rule 19(a) / Re-referred to Rules Committee

3/21/2025

Committee Referrals

Rules3/21/2025
Judiciary - Civil2/4/2025
Rules1/9/2025

Full Bill Text

No bill text available