Illinois General Assembly - Bill Status for SB1780
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 Bill Status of SB1780  102nd General Assembly


Short Description:  PARTITION OF HEIRS PROPERTY

Senate Sponsors
Sen. Omar Aquino - Don Harmon, Scott M. Bennett, Neil Anderson, Dave Syverson, Robert Peters, Mattie Hunter, Emil Jones, III, Patricia Van Pelt, Napoleon Harris, III, Christopher Belt, Iris Y. Martinez, Steven M. Landek and Jacqueline Y. Collins

House Sponsors
(Rep. Curtis J. Tarver, II - Arthur Turner - Jehan Gordon-Booth - Debbie Meyers-Martin, Kathleen Willis, Sonya M. Harper, Jennifer Gong-Gershowitz, Bob Morgan, Lamont J. Robinson, Jr., La Shawn K. Ford, Camille Y. Lilly, Theresa Mah, Delia C. Ramirez, Justin Slaughter, Anne Stava-Murray, Celina Villanueva, Mark L. Walker, Emanuel Chris Welch, Kambium Buckner, Carol Ammons, Kelly M. Cassidy, Marcus C. Evans, Jr., Sara Feigenholtz, LaToya Greenwood, Will Guzzardi, Gregory Harris, Rita Mayfield, André Thapedi, Robyn Gabel, Barbara Hernandez, Aaron M. Ortiz, Yehiel M. Kalish, Nicholas K. Smith and Jawaharial Williams)

Last Action
DateChamber Action
  8/23/2019SenatePublic Act . . . . . . . . . 101-0565

Statutes Amended In Order of Appearance
New Act
735 ILCS 5/17-101from Ch. 110, par. 17-101
735 ILCS 5/17-102from Ch. 110, par. 17-102
735 ILCS 5/17-105from Ch. 110, par. 17-105
735 ILCS 5/17-106from Ch. 110, par. 17-106


Synopsis As Introduced
Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately.

Senate Floor Amendment No. 1
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.

House Committee Amendment No. 1
Deletes reference to:
New Act
735 ILCS 5/17-101from Ch. 110, par. 17-101
735 ILCS 5/17-102from Ch. 110, par. 17-102
735 ILCS 5/17-105from Ch. 110, par. 17-105
735 ILCS 5/17-106from Ch. 110, par. 17-106
Adds reference to:
775 ILCS 5/3-102.5 new

Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation to refuse to, due to the fact of an arrest, juvenile record, or criminal history record information ordered expunged, sealed, or impounded: sell or rent or otherwise make unavailable or deny a housing accommodation or dwelling to any buyer or renter; or alter the terms, conditions, or privileges of the sale or rental of a housing accommodation or dwelling or the provision of services or facilities in connection with such housing accommodation. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Effective immediately.

House Floor Amendment No. 3
Adds reference to:
775 ILCS 5/1-103from Ch. 68, par. 1-103
775 ILCS 5/2-103from Ch. 68, par. 2-103
775 ILCS 5/3-102from Ch. 68, par. 3-102
775 ILCS 5/3-106from Ch. 68, par. 3-106

Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction, because of an arrest record to: refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction with a person; represent a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction, that indicates any preference, limitation, or discrimination based on an arrest record, or any intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of an arrest record in a real estate transaction is intended. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Makes conforming changes. Effective January 1, 2020.

Actions 
DateChamber Action
  2/15/2019SenateFiled with Secretary by Sen. Rachelle Crowe
  2/15/2019SenateFirst Reading
  2/15/2019SenateReferred to Assignments
  2/19/2019SenateAdded as Chief Co-Sponsor Sen. Chuck Weaver
  2/27/2019SenateAssigned to Judiciary
  3/7/2019SenateAdded as Co-Sponsor Sen. Scott M. Bennett
  3/12/2019SenatePostponed - Judiciary
  3/14/2019SenateAdded as Co-Sponsor Sen. Paul Schimpf
  3/20/2019SenateDo Pass Judiciary; 008-000-000
  3/20/2019SenatePlaced on Calendar Order of 2nd Reading March 21, 2019
  3/26/2019SenateAdded as Co-Sponsor Sen. Neil Anderson
  4/2/2019SenateAdded as Co-Sponsor Sen. Dave Syverson
  4/5/2019SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Rachelle Crowe
  4/5/2019SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/9/2019SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/9/2019SenateSecond Reading
  4/9/2019SenatePlaced on Calendar Order of 3rd Reading April 10, 2019
  4/9/2019SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 008-000-000
  4/10/2019SenateRecalled to Second Reading
  4/10/2019SenateSenate Floor Amendment No. 1 Adopted; Crowe
  4/10/2019SenatePlaced on Calendar Order of 3rd Reading
  4/10/2019SenateThird Reading - Passed; 053-000-000
  4/11/2019HouseArrived in House
  4/11/2019HouseChief House Sponsor Rep. Daniel Didech
  4/11/2019HouseFirst Reading
  4/11/2019HouseReferred to Rules Committee
  4/30/2019HouseAssigned to Executive Committee
  5/10/2019HouseRule 19(a) / Re-referred to Rules Committee
  5/20/2019HouseAlternate Chief Sponsor Changed to Rep. Curtis J. Tarver, II
  5/20/2019HouseAssigned to Judiciary - Civil Committee
  5/20/2019HouseFinal Action Deadline Extended-9(b) May 31, 2019
  5/20/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Curtis J. Tarver, II
  5/20/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/20/2019HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  5/21/2019HouseMotion Filed to Suspend Rule 21 Judiciary - Civil Committee; Rep. Natalie A. Manley
  5/21/2019HouseMotion to Suspend Rule 21 - Prevailed
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Kathleen Willis
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Jennifer Gong-Gershowitz
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Bob Morgan
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Lamont J. Robinson, Jr.
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. La Shawn K. Ford
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Theresa Mah
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Delia C. Ramirez
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Anne Stava-Murray
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Celina Villanueva
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Mark L. Walker
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Kambium Buckner
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. LaToya Greenwood
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Gregory Harris
  5/21/2019HouseAdded Alternate Chief Co-Sponsor Rep. Arthur Turner
  5/21/2019HouseAdded Alternate Chief Co-Sponsor Rep. Jehan Gordon-Booth
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. André Thapedi
  5/22/2019HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Curtis J. Tarver, II
  5/22/2019HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/22/2019HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  5/22/2019HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 008-005-000
  5/22/2019HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  5/22/2019HousePlaced on Calendar 2nd Reading - Short Debate
  5/22/2019HouseSecond Reading - Short Debate
  5/22/2019HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2019HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/23/2019HouseAdded Alternate Chief Co-Sponsor Rep. Debbie Meyers-Martin
  5/23/2019HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Curtis J. Tarver, II
  5/23/2019HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Aaron M. Ortiz
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Yehiel M. Kalish
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Nicholas K. Smith
  5/26/2019HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000
  5/28/2019SenateAdded as Co-Sponsor Sen. Robert Peters
  5/28/2019HouseHouse Floor Amendment No. 3 Adopted
  5/28/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2019HouseThird Reading - Short Debate - Passed 082-032-000
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Jawaharial Williams
  5/29/2019SenateSecretary's Desk - Concurrence House Amendment(s) 1, 3
  5/29/2019SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 3 - May 30, 2019
  5/29/2019SenateChief Sponsor Changed to Sen. Omar Aquino
  5/29/2019SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Omar Aquino
  5/29/2019SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/29/2019SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Omar Aquino
  5/29/2019SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  5/29/2019SenateAdded as Co-Sponsor Sen. Mattie Hunter
  5/29/2019SenateSponsor Removed Sen. Chuck Weaver
  5/29/2019SenateAdded as Co-Sponsor Sen. Emil Jones, III
  5/29/2019SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  5/29/2019SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/29/2019SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Judiciary
  5/29/2019SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  5/30/2019SenateAdded as Co-Sponsor Sen. Christopher Belt
  5/30/2019SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  5/30/2019SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  5/30/2019SenateSponsor Removed Sen. Paul Schimpf
  5/30/2019SenateAdded as Co-Sponsor Sen. Steven M. Landek
  5/30/2019SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
  5/30/2019SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
  5/31/2019SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  5/31/2019SenateHouse Committee Amendment No. 1 Senate Concurs 041-012-003
  5/31/2019SenateHouse Floor Amendment No. 3 Senate Concurs 041-012-003
  5/31/2019SenateSenate Concurs
  5/31/2019SenatePassed Both Houses
  6/28/2019SenateSent to the Governor
  8/23/2019SenateGovernor Approved
  8/23/2019SenateEffective Date January 1, 2020
  8/23/2019SenatePublic Act . . . . . . . . . 101-0565

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