Illinois 93rd Regular Session Status: Enacted

SB 2274 — CD OF CIV PRO-PARTITION

Last action — Public Act . . . . . . . . . 93-0925

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 22, 2004. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Code of Civil Procedure. Adds other forms of co-ownership to the types of holdings in which a person having an interest may petition the court to compel a partition of the premises or part of the premises. Provides that ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface. Provides that ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate. Removes the current commissioners and allows the court to appoint a disinterested commissioner and surveyor to assist in the division of a premises. Allows the court (instead of the commissioners) to set off the homestead, if any party to the action is entitled to an estate of the homestead in the premises. Removes language concerning the sale of a premises not susceptible to division and the valuation of a premises. Makes other changes. Repeals the Oil and Gas Recovery Act. Effective immediately.

Bill Text

What changed in the latest version

4 added · 4 removed

Plain-language change summary

The latest version of Bill SB 2274 includes some new lines that replace previous content. These changes reflect updates or clarifications in the language used in the bill. This matters because clearer language can help ensure that the bill is better understood and more effectively implemented, which can lead to better outcomes for the intended purposes of the legislation.

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Previous
Latest
SB2274 Engrossed LRB093 14937 LCB 40505 b AN ACT concerning property.
SB2274 Enrolled LRB093 14937 LCB 40505 b AN ACT concerning property.
Nothing in this amendatory Act of the 92nd General Assembly shall be construed as allowing an owner of a mineral interest in coal to mine and remove the coal by the SB2274 Engrossed - 2 - LRB093 14937 LCB 40505 b surface method of mining without first obtaining the consent of all of the owners of the surface to the mining and removal of coal by the surface method of mining.
Nothing in this amendatory Act of the 92nd General Assembly shall be construed as allowing an owner of a mineral interest in coal to mine and remove the coal by the SB2274 Enrolled - 2 - LRB093 14937 LCB 40505 b surface method of mining without first obtaining the consent of all of the owners of the surface to the mining and removal of coal by the surface method of mining.
SB2274 Engrossed - 3 - LRB093 14937 LCB 40505 b (Source:
SB2274 Enrolled - 3 - LRB093 14937 LCB 40505 b (Source:
82-280.) SB2274 Engrossed - 4 - LRB093 14937 LCB 40505 b (735 ILCS 5/17-107 rep.) (735 ILCS 5/17-108 rep.) (735 ILCS 5/17-109 rep.) (from Ch.
82-280.) SB2274 Enrolled - 4 - LRB093 14937 LCB 40505 b (735 ILCS 5/17-107 rep.) (735 ILCS 5/17-108 rep.) (735 ILCS 5/17-109 rep.) (from Ch.
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Action History

  1. Public Act . . . . . . . . . 93-0925

  2. Effective Date August 12, 2004

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 118-000-000

  7. Committee/3rd Reading Deadline Extended-Rule 9(b) May 31, 2004

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. Second Reading - Short Debate

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass / Short Debate Judiciary I - Civil Law Committee; 013-000-000

  12. Motion to Suspend Rule 25 - Prevailed

  13. Assigned to Judiciary I - Civil Law Committee

  14. Referred to Rules Committee

  15. First Reading

  16. Chief House Sponsor Rep. John E. Bradley

  17. Placed on Calendar Order of First Reading

  18. Arrived in House

  19. Third Reading - Passed; 051-000-000

  20. Added as Co-Sponsor Sen. Mattie Hunter

  21. Placed on Calendar Order of 3rd Reading February 25, 2004

  22. Senate Floor Amendment No. 1 Adopted; Righter

  23. Second Reading

  24. Senate Floor Amendment No. 1 Be Adopted Judiciary; 010-000-000

  25. Senate Floor Amendment No. 1 Rules Refers to Judiciary

  26. Senate Floor Amendment No. 1 Referred to Rules

  27. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter

  28. Placed on Calendar Order of 2nd Reading February 5, 2004

  29. Do Pass Judiciary; 009-000-000

  30. Assigned to Judiciary

  31. Referred to Rules

  32. First Reading

  33. Filed with Secretary by Sen. Dale A. Righter

Sponsors

  • Dale A. Righter · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Dale A. Righter

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 118 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 106000
Democrat 9000
Republican 3000
Total 118000
% of votes cast 100%0%0%0%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Lindner — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
McAuliffe — Yea
Hultgren — Yea
Nekritz — Yea
Jefferson — Yea
Pankau — Yea
Kurtz — Yea
Lang — Yea
Leitch — Yea
Mathias — Yea
Bailey — Yea
McCarthy — Yea
McKeon — Yea
Lyons, Eileen — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Lyons, Joseph — Yea
Millner — Yea
Phelps — Yea
Scully — Yea
Slone — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Capparelli — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hamos — Yea
Hassert — Yea
Krause — Yea
Madigan — Yea
Howard — Yea
Moffitt — Yea
Molaro — Yea
Morrow — Yea
Watson — Yea
Mulligan — Yea
Jones — Yea
Munson — Yea
Myers — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Osmond — Yea
Osterman — Yea
Tenhouse — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Parke — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 51 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 43008
Republican 1000
Democrat 7000
Total 51008
% of votes cast 86%0%0%14%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Shadid — Yea
Soden — Not Voting
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Crotty — Yea
DeLeo — Yea
Geo-Karis — Yea
Halvorson — Yea
Lauzen — Yea
Sieben — Yea
Munoz — Yea
Silverstein — Yea
Brady — Yea
Sullivan, D. — Yea
Trotter — Yea
Sullivan, J. — Yea
Petka — Yea
Viverito — Yea
Jacobs — Yea
Jones, J. — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Clayborne — Yea
Haine — Yea
Hendon — Yea
Demuzio — Yea
Link — Yea
Luechtefeld — Not Voting
Meeks — Not Voting
Obama — Not Voting
Schoenberg — Yea
Winkel — Yea
Wojcik — Yea
Cronin — Not Voting
Dillard — Yea
Forby — Yea
Garrett — Yea
Peterson — Yea
Radogno — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Not Voting
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2274 do?
Amends the Code of Civil Procedure. Adds other forms of co-ownership to the types of holdings in which a person having an interest may petition the court to compel a partition of the premises or part of the premises. Provides that ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface. Provides that ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate. Removes the current commissioners and allows the court to appoint a disinterested commissioner and surveyor to assist in the division of a premises. Allows the court (instead of the commissioners) to set off the homestead, if any party to the action is entitled to an estate of the homestead in the premises. Removes language concerning the sale of a premises not susceptible to division and the valuation of a premises. Makes other changes. Repeals the Oil and Gas Recovery Act. Effective immediately.
Who sponsors SB 2274?
SB 2274 is sponsored by Dale A. Righter.
What is the current status of SB 2274?
This bill has been enacted into law. Introduced January 22, 2004. Enacted.
Where can I track SB 2274?
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