+ − Summary
+ − Full Texts (3)
+ − Actions (49)
- Governor Approved
- Effective Date August 23, 2019
- Public Act . . . . . . . . . 101-0520
- Sent to the Governor
- Senate Committee Amendment No. 1 House Concurs 116-000-000
- Senate Floor Amendment No. 2 House Concurs 116-000-000
- House Concurs
- Passed Both Houses
- Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 013-000-000
- Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 013-000-000
- Senate Committee Amendment No. 1 Motion Filed Concur Rep. Daniel Didech
- Senate Floor Amendment No. 2 Motion Filed Concur Rep. Daniel Didech
- Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
- Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
- Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee
- Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Civil Committee
- Arrived in House
- Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2
- Third Reading - Passed; 058-000-000
- Second Reading
- Senate Floor Amendment No. 2 Adopted; Crowe
- Placed on Calendar Order of 3rd Reading May 16, 2019
- Senate Floor Amendment No. 2 Be Approved for Consideration Assignments
- Senate Floor Amendment No. 2 Filed with Secretary by Sen. Rachelle Crowe
- Senate Floor Amendment No. 2 Referred to Assignments
- Do Pass as Amended Judiciary; 010-000-000
- Placed on Calendar Order of 2nd Reading May 9, 2019
- Senate Committee Amendment No. 1 Adopted
- Senate Committee Amendment No. 1 Assignments Refers to Judiciary
- Senate Committee Amendment No. 1 Filed with Secretary by Sen. Rachelle Crowe
- Senate Committee Amendment No. 1 Referred to Assignments
- Assigned to Judiciary
- Arrive in Senate
- Placed on Calendar Order of First Reading
- Chief Senate Sponsor Sen. Rachelle Crowe
- First Reading
- Referred to Assignments
- Third Reading - Short Debate - Passed 095-000-000
- Second Reading - Short Debate
- Placed on Calendar Order of 3rd Reading - Short Debate
- Placed on Calendar 2nd Reading - Short Debate
- Do Pass / Short Debate Judiciary - Civil Committee; 013-000-000
- Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 007-000-000
- Reported Back To Judiciary - Civil Committee;
- To Commercial Law Subcommittee
- Assigned to Judiciary - Civil Committee
- Filed with the Clerk by Rep. Daniel Didech
- First Reading
- Referred to Rules Committee
+ − Adopted Amendments (2)
Senate Amendment 002
Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out (rather than brought) pursuant to a provision regarding cotenant buyout, a party of the property representing the combined interests of those cotenants as determined by the court.
Senate Amendment 001
Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the definition of "heirs property" and "partition by sale". Defines "fair market value". Provides that if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties of the fair market value of the property. Provides that if an appraisal is conducted, not later than 10 days after the appraisal is filed, the court shall order the plaintiff to send notice (rather than the court shall send notice) to each party with a known address. Provides that after a hearing to determine the fair market value of the property, the court shall order the plaintiff to send notice to all of the parties of the value and a cotenant's buyout rights (rather than the court shall send notice to the parties of the value). Provides that after the determination of the value, the court shall order the plaintiff to send notice (rather than the court shall send notice) to the parties that any cotenant may buy all the interests of the cotenants that requested partition by sale. Provides that after the expiration period, if no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall order the plaintiff to send notice (rather than the court shall send notice) to all the parties of that fact and resolve the partition. Provides that cotenants must pay their apportioned price to the clerk of court or as otherwise ordered by the court (rather than into the court). Provides that if one or more, but not all, of the electing cotenants fail to pay their apportioned price on time, the court shall order the plaintiff to give notice (rather than the court shall give notice) to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. Provides that the court, in determining whether partition in kind would result in manifest prejudice to the cotenants as a group, shall consider the tax consequences. Provides that if the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not brought, a party of the property representing the combined interests of those cotenants as determined by the court. Provides that the court shall apportion the costs of the proceedings for the partition of heirs property among the parties in interest in the action, as the court deems just and equitable. Effective immediately.
+ − Proposed Amendments (2)
+ − Statutes Amended (5)
- New Act
- 735 ILCS 5/17-101 - from Ch. 110, par. 17-101
- 735 ILCS 5/17-102 - from Ch. 110, par. 17-102
- 735 ILCS 5/17-105 - from Ch. 110, par. 17-105
- 735 ILCS 5/17-106 - from Ch. 110, par. 17-106