Fabio
93 lines
6.3 KiB
Markdown
93 lines
6.3 KiB
Markdown
---
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type: "Bill"
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title: "CD OF CIV PRO-PARTITION"
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description: "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."
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jurisdiction: "us/states/il"
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legislature: "Illinois General Assembly"
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session: "93rd"
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identifier: "SB 2274"
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citation: "Illinois SB 2274 (93rd)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: []
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version_count: 3
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action_count: 33
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vote_count: 2
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first_action: "2004-01-22"
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last_action: "2004-08-12"
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source: "openstates"
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source_identifier: "ocd-bill/6ed49505-b7aa-484c-a5b4-e7b03a5b9e1b"
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source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=2274&GAID=3&DocTypeID=SB&LegId=8204&SessionID=3&GA=93"
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source_hash: "b360fa64106e519b7af3b290a34c244ebde1c02ff4ca830965bc5fb0202ba3f6"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-il"]
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---
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# Illinois SB 2274 (93rd) — CD OF CIV PRO-PARTITION
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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.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09300SB2274&GA=93&SessionId=3&DocTypeId=SB&LegID=8204&DocNum=2274&GAID=3&Session=&print=true)
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2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09300SB2274eng&GA=93&SessionId=3&DocTypeId=SB&LegID=8204&DocNum=2274&GAID=3&Session=&print=true)
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3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09300SB2274enr&GA=93&SessionId=3&DocTypeId=SB&LegID=8204&DocNum=2274&GAID=3&Session=&print=true)
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## Votes
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- Third Reading — **51–0** (pass) · upper
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- Third Reading — **118–0** (pass) · lower
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## Sponsors
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- Dale A. Righter — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2004-01-22** Filed with Secretary by Sen. Dale A. Righter `filing`
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- **2004-01-22** First Reading `reading-1`
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- **2004-01-22** Referred to Rules `referral-committee`
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- **2004-01-29** Assigned to Judiciary `referral-committee`
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- **2004-02-04** Do Pass Judiciary; 009-000-000 `committee-passage`
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- **2004-02-04** Placed on Calendar Order of 2nd Reading February 5, 2004
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- **2004-02-05** Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter `amendment-introduction`
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- **2004-02-05** Senate Floor Amendment No. 1 Referred to Rules `referral-committee`
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- **2004-02-09** Senate Floor Amendment No. 1 Rules Refers to Judiciary
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- **2004-02-10** Senate Floor Amendment No. 1 Be Adopted Judiciary; 010-000-000 `committee-passage-favorable`
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- **2004-02-24** Second Reading `reading-2`
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- **2004-02-24** Senate Floor Amendment No. 1 Adopted; Righter `amendment-passage`
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- **2004-02-24** Placed on Calendar Order of 3rd Reading February 25, 2004
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- **2004-03-02** Added as Co-Sponsor Sen. Mattie Hunter
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- **2004-03-02** Third Reading - Passed; 051-000-000 `reading-3, passage`
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- **2004-03-02** Arrived in House `introduction`
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- **2004-03-02** Placed on Calendar Order of First Reading `reading-1`
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- **2004-03-30** Chief House Sponsor Rep. John E. Bradley
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- **2004-03-30** First Reading `reading-1`
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- **2004-03-30** Referred to Rules Committee `referral-committee`
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- **2004-05-04** Assigned to Judiciary I - Civil Law Committee `referral-committee`
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- **2004-05-04** Motion to Suspend Rule 25 - Prevailed
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- **2004-05-06** Do Pass / Short Debate Judiciary I - Civil Law Committee; 013-000-000 `committee-passage`
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- **2004-05-06** Placed on Calendar 2nd Reading - Short Debate
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- **2004-05-13** Second Reading - Short Debate `reading-2`
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- **2004-05-13** Placed on Calendar Order of 3rd Reading - Short Debate
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- **2004-05-14** Committee/3rd Reading Deadline Extended-Rule 9(b) May 31, 2004
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- **2004-05-18** Third Reading - Short Debate - Passed 118-000-000 `reading-3, passage`
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- **2004-05-18** Passed Both Houses
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- **2004-06-16** Sent to the Governor `executive-receipt`
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- **2004-08-12** Governor Approved `executive-signature`
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- **2004-08-12** Effective Date August 12, 2004
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- **2004-08-12** Public Act . . . . . . . . . 93-0925 `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/6ed49505-b7aa-484c-a5b4-e7b03a5b9e1b`. Confidence: reported (aggregated from official Illinois legislature records).
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