PARTITION OF HEIRS PROPERTY House SponsorsRep. Daniel Didech-Margo McDermed-André Thapedi-Ann M. Williams-Dan Caulkins, Andrew S. Chesney, Jennifer Gong-Gershowitz, Terra Costa Howard, Darren Bailey, Norine K. Hammond, Arthur Turner, Natalie A. Manley and Lindsay Parkhurst Senate Sponsors(Sen. Rachelle Crowe-Linda Holmes) 8/23/2019HousePublic Act . . . . . . . . . 101-0520 New Act735 ILCS 5/17-101from Ch. 110, par. 17-101735 ILCS 5/17-102from Ch. 110, par. 17-102735 ILCS 5/17-105from Ch. 110, par. 17-105735 ILCS 5/17-106from Ch. 110, par. 17-106 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 Committee 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.Senate Floor Amendment No. 2 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. 2/15/2019HouseFiled with the Clerk by Rep. Daniel Didech 2/15/2019HouseFirst Reading 2/15/2019HouseReferred to Rules Committee 2/28/2019HouseAdded Co-Sponsor Rep. Margo McDermed 3/5/2019HouseAssigned to Judiciary - Civil Committee 3/6/2019HouseTo Commercial Law Subcommittee 3/7/2019HouseRemoved Co-Sponsor Rep. Margo McDermed 3/7/2019HouseAdded Chief Co-Sponsor Rep. Margo McDermed 3/7/2019HouseAdded Chief Co-Sponsor Rep. Terra Costa Howard 3/7/2019HouseRemove Chief Co-Sponsor Rep. Terra Costa Howard 3/12/2019HouseAdded Chief Co-Sponsor Rep. Andrew S. Chesney 3/13/2019HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 007-000-000 3/13/2019HouseReported Back To Judiciary - Civil Committee; 3/13/2019HouseRemove Chief Co-Sponsor Rep. Andrew S. Chesney 3/13/2019HouseAdded Chief Co-Sponsor Rep. André Thapedi 3/13/2019HouseAdded Chief Co-Sponsor Rep. Ann M. Williams 3/13/2019HouseAdded Chief Co-Sponsor Rep. Dan Caulkins 3/13/2019HouseAdded Co-Sponsor Rep. Andrew S. Chesney 3/13/2019HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz 3/13/2019HouseAdded Co-Sponsor Rep. Terra Costa Howard 3/20/2019HouseDo Pass / Short Debate Judiciary - Civil Committee; 013-000-000 3/21/2019HousePlaced on Calendar 2nd Reading - Short Debate 3/26/2019HouseSecond Reading - Short Debate 3/26/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate 3/29/2019HouseAdded Co-Sponsor Rep. Darren Bailey 3/29/2019HouseThird Reading - Short Debate - Passed 095-000-000 4/3/2019SenateArrive in Senate 4/3/2019SenatePlaced on Calendar Order of First Reading 4/3/2019SenateChief Senate Sponsor Sen. Rachelle Crowe 4/3/2019SenateFirst Reading 4/3/2019SenateReferred to Assignments 4/30/2019SenateAssigned to Judiciary 5/1/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Rachelle Crowe 5/1/2019SenateSenate Committee Amendment No. 1 Referred to Assignments 5/2/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary 5/7/2019SenateSenate Committee Amendment No. 1 Adopted 5/8/2019SenateDo Pass as Amended Judiciary; 010-000-000 5/8/2019SenatePlaced on Calendar Order of 2nd Reading May 9, 2019 5/9/2019SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Rachelle Crowe 5/9/2019SenateSenate Floor Amendment No. 2 Referred to Assignments 5/14/2019SenateSenate Floor Amendment No. 2 Be Approved for Consideration Assignments 5/15/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes 5/15/2019SenateSecond Reading 5/15/2019SenateSenate Floor Amendment No. 2 Adopted; Crowe 5/15/2019SenatePlaced on Calendar Order of 3rd Reading May 16, 2019 5/22/2019SenateThird Reading - Passed; 058-000-000 5/22/2019HouseArrived in House 5/22/2019HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2 5/23/2019HouseAdded Co-Sponsor Rep. Norine K. Hammond 5/23/2019HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Daniel Didech 5/23/2019HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Daniel Didech 5/23/2019HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee 5/23/2019HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee 5/23/2019HouseAdded Co-Sponsor Rep. Arthur Turner 5/23/2019HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee 5/23/2019HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Civil Committee 5/24/2019HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 013-000-000 5/24/2019HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 013-000-000 5/24/2019HouseAdded Co-Sponsor Rep. Natalie A. Manley 5/24/2019HouseAdded Co-Sponsor Rep. Lindsay Parkhurst 5/30/2019HouseSenate Committee Amendment No. 1 House Concurs 116-000-000 5/30/2019HouseSenate Floor Amendment No. 2 House Concurs 116-000-000 5/30/2019HouseHouse Concurs 5/30/2019HousePassed Both Houses 6/28/2019HouseSent to the Governor 8/23/2019HouseGovernor Approved 8/23/2019HouseEffective Date August 23, 2019 8/23/2019HousePublic Act . . . . . . . . . 101-0520