HB1358 EnrolledLRB103 05107 HLH 50121 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.35 as follows:
 
6    (5 ILCS 80/4.35)
7    Sec. 4.35. Acts Act repealed on January 1, 2025. The
8following Acts are Act is repealed on January 1, 2025:
9    The Genetic Counselor Licensing Act.
10    The Illinois Certified Shorthand Reporters Act of 1984.
11(Source: P.A. 98-813, eff. 1-1-15.)
 
12    (5 ILCS 80/4.34 rep.)
13    Section 10. The Regulatory Sunset Act is amended by
14repealing Section 4.34.
 
15    Section 15. The Illinois Administrative Procedure Act is
16amended by changing and renumbering Section 5-45.35, as added
17by Public Act 102-1115, as follows:
 
18    (5 ILCS 100/5-45.44)
19    (Section scheduled to be repealed on January 9, 2024)
20    Sec. 5-45.44 5-45.35. Emergency rulemaking; Hate Crimes

 

 

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1and Bias Incident Prevention and Response Fund and Local
2Chambers of Commerce Recovery Grants. To provide for the
3expeditious and timely implementation of Public Act 102-1115
4this amendatory Act of the 102nd General Assembly, emergency
5rules implementing Section 6z-138 of the State Finance Act may
6be adopted in accordance with Section 5-45 by the Department
7of Human Rights and emergency rules implementing Section
8605-1105 of the Department of Commerce and Economic
9Opportunity Law of the Civil Administrative Code of Illinois
10may be adopted in accordance with Section 5-45 by the
11Department of Commerce and Economic Opportunity. The adoption
12of emergency rules authorized by Section 5-45 and this Section
13is deemed to be necessary for the public interest, safety, and
14welfare.
15    This Section is repealed on March 31, 2024 one year after
16the effective date of this amendatory Act of the 102nd General
17Assembly.
18(Source: P.A. 102-1115, eff. 1-9-23; revised 9-27-23.)
 
19    Section 20. The Election Code is amended by changing
20Section 1-23 as follows:
 
21    (10 ILCS 5/1-23)
22    (Section scheduled to be repealed on June 1, 2024)
23    Sec. 1-23. Ranked-Choice and Voting Systems Task Force.
24    (a) The Ranked-Choice and Voting Systems Task Force is

 

 

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1created. The purpose of the Task Force is to review voting
2systems and the methods of voting, including ranked-choice
3voting, that could be authorized by law. The Task Force shall
4have the following duties:
5        (1) Engage election officials, interested groups, and
6    members of the public for the purpose of assessing the
7    adoption and implementation of ranked-choice voting in
8    presidential primary elections beginning in 2028.
9        (2) Review standards used to certify or approve the
10    use of a voting system, including the standards adopted by
11    the U.S. Election Assistance Commission and the State
12    Board of Elections.
13        (3) Advise whether the voting system used by Illinois
14    election authorities would be able to accommodate
15    alternative methods of voting, including, but not limited
16    to, ranked-choice voting.
17        (4) Make recommendations or suggestions for changes to
18    the Election Code or administrative rules for
19    certification of voting systems in Illinois to accommodate
20    alternative methods of voting, including ranked-choice
21    voting.
22    (b) On or before June 30, 2025 March 1, 2024, the Task
23Force shall publish a final report of its findings and
24recommendations. The report shall, at a minimum, detail
25findings and recommendations related to the duties of the Task
26Force and the following:

 

 

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1        (1) the process used in Illinois to certify voting
2    systems, including which systems can conduct ranked-choice
3    voting; and
4        (2) information about the voting system used by
5    election authorities, including which election authorities
6    rely on legacy hardware and software for voting and which
7    counties and election authorities rely on equipment for
8    voting that has not exceeded its usable life span but
9    require a software upgrade to accommodate ranked-choice
10    voting. In this paragraph, "legacy hardware and software"
11    means equipment that has exceeded its usable life span.
12    (c) The Task Force shall consist of the following members:
13        (1) 4 members, appointed by the Senate President,
14    including 2 members of the Senate and 2 members of the
15    public;
16        (2) 4 members, appointed by the Speaker of the House
17    of Representatives, including 2 members of the House of
18    Representatives and 2 members of the public;
19        (3) 4 members, appointed by the Minority Leader of the
20    Senate, including 2 members of the Senate and 2 members of
21    the public;
22        (4) 4 members, appointed by the Minority Leader of the
23    House of Representatives, including 2 members of the House
24    of Representatives and 2 members of the public;
25        (5) 4 members, appointed by the Governor, including at
26    least 2 members with knowledge and experience

 

 

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1    administering elections.
2    (d) Appointments to the Task Force shall be made within 30
3days after the effective date of this amendatory Act of the
4103rd General Assembly. Members shall serve without
5compensation.
6    (e) The Task Force shall meet at the call of a co-chair at
7least quarterly to fulfill its duties. At the first meeting of
8the Task Force, the Task Force shall elect one co-chair from
9the members appointed by the Senate President and one co-chair
10from the members appointed by the Speaker of the House of
11Representatives.
12    (f) The State Board of Elections shall provide
13administrative support for the Task Force.
14    (g) This Section is repealed, and the Task Force is
15dissolved, on July 1, 2025 June 1, 2024.
16(Source: P.A. 103-467, eff. 8-4-23.)
 
17    Section 25. The Department of Commerce and Economic
18Opportunity Law of the Civil Administrative Code of Illinois
19is amended by changing Section 605-1080 as follows:
 
20    (20 ILCS 605/605-1080)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 605-1080. Personal care products industry supplier
23disparity study.
24    (a) The Department shall compile and publish a disparity

 

 

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1study by December 31, 2022 that: (1) evaluates whether there
2exists intentional discrimination at the supplier or
3distribution level for retailers of beauty products,
4cosmetics, hair care supplies, and personal care products in
5the State of Illinois; and (2) if so, evaluates the impact of
6such discrimination on the State and includes recommendations
7for reducing or eliminating any barriers to entry to those
8wishing to establish businesses at the retail level involving
9such products. The Department shall forward a copy of its
10findings and recommendations to the General Assembly and
11Governor.
12    (b) The Department may compile, collect, or otherwise
13gather data necessary for the administration of this Section
14and to carry out the Department's duty relating to the
15recommendation of policy changes. The Department shall compile
16all of the data into a single report, submit the report to the
17Governor and the General Assembly, and publish the report on
18its website.
19    (c) This Section is repealed on January 1, 2026 2024.
20(Source: P.A. 101-658, eff. 3-23-21; 102-813, eff. 5-13-22.)
 
21    Section 30. The Electric Vehicle Act is amended by
22changing Section 60 as follows:
 
23    (20 ILCS 627/60)
24    (Section scheduled to be repealed on January 1, 2024)

 

 

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1    Sec. 60. Study on loss of infrastructure funds and
2replacement options. The Illinois Department of Transportation
3shall conduct a study to be delivered to the members of the
4Illinois General Assembly and made available to the public no
5later than September 30, 2022. The study shall consider how
6the proliferation of electric vehicles will adversely affect
7resources needed for transportation infrastructure and take
8into consideration any relevant federal actions. The study
9shall identify the potential revenue loss and offer multiple
10options for replacing those lost revenues. The Illinois
11Department of Transportation shall collaborate with
12organizations representing businesses involved in designing
13and building transportation infrastructure, organized labor,
14the general business community, and users of the system. In
15addition, the Illinois Department of Transportation may
16collaborate with other state agencies, including but not
17limited to the Illinois Secretary of State and the Illinois
18Department of Revenue.
19    This Section is repealed on January 1, 2025 2024.
20(Source: P.A. 102-662, eff. 9-15-21; 102-673, eff. 11-30-21.)
 
21    Section 35. The Department of Transportation Law of the
22Civil Administrative Code of Illinois is amended by changing
23Section 2705-620 as follows:
 
24    (20 ILCS 2705/2705-620)

 

 

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1    (Section scheduled to be repealed on December 31, 2023)
2    Sec. 2705-620. Bond Reform in the Construction Industry
3Task Force.
4    (a) There is created the Bond Reform in the Construction
5Industry Task Force consisting of the following members:
6        (1) the Governor, or his or her designee;
7        (2) the State Treasurer, or his or her designee;
8        (3) the Director of Insurance, or his or her designee;
9        (4) 2 members appointed by the Speaker of the House of
10    Representatives;
11        (5) 2 members appointed by the Minority Leader of the
12    House of Representatives;
13        (6) 2 members appointed by the President of the
14    Senate;
15        (7) 2 members appointed by the Minority Leader of the
16    Senate; and
17        (8) 7 members representing the construction industry
18    appointed by the Governor.
19    The Department of Transportation shall provide
20administrative support to the Task Force.
21    (b) The Task Force shall study innovative ways to reduce
22the cost of insurance in the private and public construction
23industry while protecting owners from risk of nonperformance.
24The Task Force shall consider options that include, but are
25not limited to, owner-financed insurance instead of
26contractor-financed insurance and alternative ways to manage

 

 

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1risk other than bonds or other insurance products.
2    (c) The Task Force shall report its findings and
3recommendations to the General Assembly no later than July 1,
42024 March 1, 2023.
5    (d) This Section is repealed December 31, 2024 2023.
6(Source: P.A. 102-1065, eff. 6-10-22.)
 
7    Section 40. The Illinois Power Agency Act is amended by
8changing Section 1-130 as follows:
 
9    (20 ILCS 3855/1-130)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 1-130. Home rule preemption.
12    (a) The authorization to impose any new taxes or fees
13specifically related to the generation of electricity by, the
14capacity to generate electricity by, or the emissions into the
15atmosphere by electric generating facilities after the
16effective date of this Act is an exclusive power and function
17of the State. A home rule unit may not levy any new taxes or
18fees specifically related to the generation of electricity by,
19the capacity to generate electricity by, or the emissions into
20the atmosphere by electric generating facilities after the
21effective date of this Act. This Section is a denial and
22limitation on home rule powers and functions under subsection
23(g) of Section 6 of Article VII of the Illinois Constitution.
24    (b) This Section is repealed on January 1, 2025 2024.

 

 

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1(Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21;
2102-1109, eff. 12-21-22.)
 
3    Section 45. The Crime Reduction Task Force Act is amended
4by changing Sections 1-15 and 1-20 as follows:
 
5    (20 ILCS 3926/1-15)
6    (Section scheduled to be repealed on March 1, 2024)
7    Sec. 1-15. Meetings; report.
8    (a) The Task Force shall meet at least 4 times with the
9first meeting occurring within 60 days after the effective
10date of this Act.
11    (b) The Task Force shall review available research and
12best practices and take expert and witness testimony.
13    (c) The Task Force shall produce and submit a report
14detailing the Task Force's findings, recommendations, and
15needed resources to the General Assembly and the Governor on
16or before June 30, 2024 March 1, 2023.
17(Source: P.A. 102-756, eff. 5-10-22.)
 
18    (20 ILCS 3926/1-20)
19    (Section scheduled to be repealed on March 1, 2024)
20    Sec. 1-20. Repeal. This Act is repealed on January 1, 2025
21March 1, 2024.
22(Source: P.A. 102-756, eff. 5-10-22.)
 

 

 

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1    Section 50. The Racial Disproportionality in Child Welfare
2Task Force Act is amended by changing Section 30 as follows:
 
3    (20 ILCS 4105/30)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 30. Repeal. The Task Force is dissolved, and this Act
6is repealed on, June 30, 2024 January 1, 2024.
7(Source: P.A. 102-506, eff. 8-20-21.)
 
8    Section 55. The Blue-Ribbon Commission on Transportation
9Infrastructure Funding and Policy Act is amended by changing
10Sections 25 and 30 as follows:
 
11    (20 ILCS 4116/25)
12    (Section scheduled to be repealed on February 1, 2024)
13    Sec. 25. Report. The Commission shall direct the Illinois
14Department of Transportation to enter into a contract with a
15third party to assist the Commission in producing a document
16that evaluates the topics under this Act and outline formal
17recommendations that can be acted upon by the General
18Assembly. The Commission shall report a summary of its
19activities and produce a final report of the data, findings,
20and recommendations to the General Assembly by July 1, 2025
21January 1, 2024. The final report shall include specific,
22actionable recommendations for legislation and organizational
23adjustments. The final report may include recommendations for

 

 

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1pilot programs to test alternatives. The final report and
2recommendations shall also include any minority and individual
3views of task force members.
4(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23;
5reenacted by P.A. 103-461, eff. 8-4-23.)
 
6    (20 ILCS 4116/30)
7    (Section scheduled to be repealed on February 1, 2024)
8    Sec. 30. Repeal. This Commission is dissolved, and this
9Act is repealed, on August 1, 2025 February 1, 2024.
10(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23;
11reenacted by P.A. 103-461, eff. 8-4-23.)
 
12    Section 60. The Comprehensive Licensing Information to
13Minimize Barriers Task Force Act is amended by changing
14Section 20 as follows:
 
15    (20 ILCS 4121/20)
16    (Section scheduled to be repealed on December 1, 2024)
17    Sec. 20. Report.
18    (a) The Task Force shall conduct an analysis of
19occupational licensing, including, but not limited to,
20processes, procedures, and statutory requirements for
21licensure administered by the Department. The findings of this
22analysis shall be delivered to the General Assembly, the
23Office of Management and Budget, the Department, and the

 

 

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1public in the form of a final report. For the purpose of
2ensuring that historically and economically disadvantaged
3populations are centered in this analysis, the Task Force
4shall identify low-income and middle-income licensed
5occupations in this State and aggregate the information from
6those occupations under the occupations' respective regulatory
7board overseen by the Department to form the basis of the
8report.
9    (b) The report shall contain, to the extent available,
10information collected from sources including, but not limited
11to, the Department, department licensure boards, other State
12boards, relevant departments, or other bodies of the State,
13and supplementary data including, but not limited to, census
14statistics, federal reporting, or published research as
15follows:
16        (1) the number of license applications submitted
17    compared with the number of licenses issued;
18        (2) data concerning the reason why licenses were
19    denied or revoked and a ranking of the most common reasons
20    for denial or revocation;
21        (3) an analysis of the information required of license
22    applicants by the Department compared with the information
23    that the Department is required by statute to verify, to
24    ascertain if applicants are required to submit superfluous
25    information;
26        (4) demographic information for the last 5 years of

 

 

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1    (i) active license holders, (ii) license holders who were
2    disciplined in that period, (iii) license holders whose
3    licenses were revoked in that period, and (iv) license
4    applicants who were not issued licenses;
5        (5) data aggregated from the last 5 years of monthly
6    enforcement reports, including a ranking of the most
7    common reasons for public discipline;
8        (6) the cost of licensure to the individual,
9    including, but not limited to, the fees for initial
10    licensure and renewal, the average cost of training and
11    testing required for initial licensure, and the average
12    cost of meeting continuing education requirements for
13    license renewal;
14        (7) the locations within this State of each program or
15    school that provides the required training and testing
16    needed to obtain or renew a license, and whether the
17    required training and testing can be fulfilled online;
18        (8) the languages in which the required training or
19    testing is offered;
20        (9) the acceptance rates, graduation rates, and
21    dropout rates of the training facilities that provide
22    required training;
23        (10) the percentage of students at each school that
24    offers required training who financed the required
25    training through student loans; and
26        (11) the average annual salary of those in the

 

 

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1    occupation.
2    (c) The final report shall also contain a general
3description of the steps taken by the Task Force to fulfill the
4report criteria and shall include in an appendix of the report
5any results of the Task Force's analysis in the form of graphs,
6charts, or other data visualizations. The Task Force shall
7also exercise due care in the reporting of this information to
8protect sensitive information of personal or proprietary value
9or information that would risk the security of residents of
10this State.
11    (d) The Task Force shall publish the final report by
12December 1, 2024 2023 with recommendations to the General
13Assembly, including recommendations for continued required
14reporting from the Department to better support the General
15Assembly in revoking, modifying, or creating new licensing
16Acts.
17(Source: P.A. 102-1078, eff. 6-10-22.)
 
18    Section 65. The Money Laundering in Real Estate Task Force
19Act is amended by changing Section 5-15 as follows:
 
20    (20 ILCS 4123/5-15)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 5-15. Reports. The Task Force shall submit a report
23to the Governor and the General Assembly not later than 24 12
24months after the effective date of this Act. The report shall

 

 

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1include the Task Force's findings and shall summarize the
2actions the Task Force has taken and those it intends to take
3in response to its obligations under the Act. After it submits
4its initial report, the Task Force shall periodically submit
5reports to the Governor and the General Assembly as the
6chairperson of the Task Force deems necessary to apprise those
7officials of any additional findings made or actions taken by
8the Task Force. The obligation of the Task Force to submit
9periodic reports shall continue for the duration of the Task
10Force.
11(Source: P.A. 102-1108, eff. 12-21-22.)
 
12    Section 70. The Human Trafficking Task Force Act is
13amended by changing Section 25 as follows:
 
14    (20 ILCS 5086/25)
15    (Section scheduled to be repealed on July 1, 2024)
16    Sec. 25. Task force abolished; Act repealed. The Human
17Trafficking Task Force is abolished and this Act is repealed
18on July 1, 2025 2024.
19(Source: P.A. 102-323, eff. 8-6-21.)
 
20    Section 75. The Kidney Disease Prevention and Education
21Task Force Act is amended by changing Section 10-15 as
22follows:
 

 

 

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1    (20 ILCS 5160/10-15)
2    (Section scheduled to be repealed on June 1, 2024)
3    Sec. 10-15. Repeal. This Act is repealed on June 1, 2026
42024.
5(Source: P.A. 101-649, eff. 7-7-20; 102-671, eff. 11-30-21.)
 
6    Section 80. The Business Enterprise for Minorities, Women,
7and Persons with Disabilities Act is amended by changing
8Section 9 as follows:
 
9    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)
10    (Section scheduled to be repealed on June 30, 2024)
11    Sec. 9. This Act is repealed June 30, 2029 2024.
12(Source: P.A. 101-170, eff. 1-1-20.)
 
13    Section 83. The Emergency Telephone System Act is amended
14by changing Section 3 as follows:
 
15    (50 ILCS 750/3)  (from Ch. 134, par. 33)
16    (Text of Section before amendment by P.A. 103-366)
17    (Section scheduled to be repealed on December 31, 2025)
18    Sec. 3. (a) By July 1, 2017, every local public agency
19shall be within the jurisdiction of a 9-1-1 system.
20    (b) Within 18 months of the awarding of a contract to a
21vendor certified under Section 13-900 of the Public Utilities
22Act to provide Next Generation 9-1-1 service, every 9-1-1

 

 

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1system in Illinois, except in a municipality with a population
2over 500,000, shall provide Next Generation 9-1-1 service. A
3municipality with a population over 500,000 shall provide Next
4Generation 9-1-1 service by January 1, 2026 December 31, 2023.
5    (c) Nothing in this Act shall be construed to prohibit or
6discourage in any way the formation of multijurisdictional or
7regional systems, and any system established pursuant to this
8Act may include the territory of more than one public agency or
9may include a segment of the territory of a public agency.
10(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
 
11    (Text of Section after amendment by P.A. 103-366)
12    (Section scheduled to be repealed on December 31, 2025)
13    Sec. 3. (a) By July 1, 2017, every local public agency
14shall be within the jurisdiction of a 9-1-1 system.
15    (b) Within 36 months of the awarding of a contract to a
16vendor certified under Section 13-900 of the Public Utilities
17Act to provide Next Generation 9-1-1 service, every 9-1-1
18system in Illinois, except in a municipality with a population
19over 500,000, shall provide Next Generation 9-1-1 service. A
20municipality with a population over 500,000 shall provide Next
21Generation 9-1-1 service by January 1, 2026 July 1, 2024.
22    (c) Nothing in this Act shall be construed to prohibit or
23discourage in any way the formation of multijurisdictional or
24regional systems, and any system established pursuant to this
25Act may include the territory of more than one public agency or

 

 

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1may include a segment of the territory of a public agency.
2(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)
 
3    Section 85. The Counties Code is amended by changing
4Sections 3-5010.8, 4-11001.5, 5-41065, and 5-43043 as follows:
 
5    (55 ILCS 5/3-5010.8)
6    (Text of Section before amendment by P.A. 103-400)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 3-5010.8. Mechanics lien demand and referral pilot
9program.
10    (a) Legislative findings. The General Assembly finds that
11expired mechanics liens on residential property, which cloud
12title to property, are a rapidly growing problem throughout
13the State. In order to address the increase in expired
14mechanics liens and, more specifically, those that have not
15been released by the lienholder, a recorder may establish a
16process to demand and refer mechanics liens that have been
17recorded but not litigated or released in accordance with the
18Mechanics Lien Act to an administrative law judge for
19resolution or demand that the lienholder commence suit or
20forfeit the lien.
21    (b) Definitions. As used in this Section:
22    "Demand to Commence Suit" means the written demand
23specified in Section 34 of the Mechanics Lien Act.
24    "Mechanics lien" and "lien" are used interchangeably in

 

 

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1this Section.
2    "Notice of Expired Mechanics Lien" means the notice a
3recorder gives to a property owner under subsection (d)
4informing the property owner of an expired lien.
5    "Notice of Referral" means the document referring a
6mechanics lien to a county's code hearing unit.
7    "Recording" and "filing" are used interchangeably in this
8Section.
9    "Referral" or "refer" means a recorder's referral of a
10mechanics lien to a county's code hearing unit to obtain a
11determination as to whether a recorded mechanics lien is
12valid.
13    "Residential property" means real property improved with
14not less than one nor more than 4 residential dwelling units; a
15residential condominium unit, including, but not limited to,
16the common elements allocated to the exclusive use of the
17condominium unit that form an integral part of the condominium
18unit and any parking unit or units specified by the
19declaration to be allocated to a specific residential
20condominium unit; or a single tract of agriculture real estate
21consisting of 40 acres or less that is improved with a
22single-family residence. If a declaration of condominium
23ownership provides for individually owned and transferable
24parking units, "residential property" does not include the
25parking unit of a specified residential condominium unit
26unless the parking unit is included in the legal description

 

 

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1of the property against which the mechanics lien is recorded.
2    (c) Establishment of a mechanics lien demand and referral
3process. After a public hearing, a recorder in a county with a
4code hearing unit may adopt rules establishing a mechanics
5lien demand and referral process for residential property. A
6recorder shall provide public notice 90 days before the public
7hearing. The notice shall include a statement of the
8recorder's intent to create a mechanics lien demand and
9referral process and shall be published in a newspaper of
10general circulation in the county and, if feasible, be posted
11on the recorder's website and at the recorder's office or
12offices.
13    (d) Notice of Expired Lien. If a recorder determines,
14after review by legal staff or counsel, that a mechanics lien
15recorded in the grantor's index or the grantee's index is an
16expired lien, the recorder shall serve a Notice of Expired
17Lien by certified mail to the last known address of the owner.
18The owner or legal representative of the owner of the
19residential property shall confirm in writing his or her
20belief that the lien is not involved in pending litigation
21and, if there is no pending litigation, as verified and
22confirmed by county court records, the owner may request that
23the recorder proceed with a referral or serve a Demand to
24Commence Suit.
25    For the purposes of this Section, a recorder shall
26determine if a lien is an expired lien. A lien is expired if a

 

 

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1suit to enforce the lien has not been commenced or a
2counterclaim has not been filed by the lienholder within 2
3years after the completion date of the contract as specified
4in the recorded mechanics lien. The 2-year period shall be
5increased to the extent that an automatic stay under Section
6362(a) of the United States Bankruptcy Code stays a suit or
7counterclaim to foreclose the lien. If a work completion date
8is not specified in the recorded lien, then the work
9completion date is the date of recording of the mechanics
10lien.
11    (e) Demand to Commence Suit. Upon receipt of an owner's
12confirmation that the lien is not involved in pending
13litigation and a request for the recorder to serve a Demand to
14Commence Suit, the recorder shall serve a Demand to Commence
15Suit on the lienholder of the expired lien as provided in
16Section 34 of the Mechanics Lien Act. A recorder may request
17that the Secretary of State assist in providing registered
18agent information or obtain information from the Secretary of
19State's registered business database when the recorder seeks
20to serve a Demand to Commence suit on the lienholder. Upon
21request, the Secretary of State, or his or her designee, shall
22provide the last known address or registered agent information
23for a lienholder who is incorporated or doing business in the
24State. The recorder must record a copy of the Demand to
25Commence suit in the grantor's index or the grantee's index
26identifying the mechanics lien and include the corresponding

 

 

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1document number and the date of demand. The recorder may, at
2his or her discretion, notify the Secretary of State regarding
3a Demand to Commence suit determined to involve a company,
4corporation, or business registered with that office.
5    When the lienholder commences a suit or files an answer
6within 30 days or the lienholder records a release of lien with
7the county recorder as required by subsection (a) of Section
834 of the Mechanics Lien Act, then the demand and referral
9process is completed for the recorder for that property. If
10service under this Section is responded to consistent with
11Section 34 of the Mechanics Lien Act, the recorder may not
12proceed under subsection (f). If no response is received
13consistent with Section 34 of the Mechanics Lien Act, the
14recorder may proceed under subsection (f).
15    (f) Referral. Upon receipt of an owner's confirmation that
16the lien is not involved in pending litigation and a request
17for the recorder to proceed with a referral, the recorder
18shall: (i) file the Notice of Referral with the county's code
19hearing unit; (ii) identify and notify the lienholder by
20telephone, if available, of the referral and send a copy of the
21Notice of Referral by certified mail to the lienholder using
22information included in the recorded mechanics lien or the
23last known address or registered agent received from the
24Secretary of State or obtained from the Secretary of State's
25registered business database; (iii) send a copy of the Notice
26of Referral by mail to the physical address of the property

 

 

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1owner associated with the lien; and (iv) record a copy of the
2Notice of Referral in the grantor's index or the grantee's
3index identifying the mechanics lien and include the
4corresponding document number. The Notice of Referral shall
5clearly identify the person, persons, or entity believed to be
6the owner, assignee, successor, or beneficiary of the lien.
7The recorder may, at his or her discretion, notify the
8Secretary of State regarding a referral determined to involve
9a company, corporation, or business registered with that
10office.
11    No earlier than 30 business days after the date the
12lienholder is required to respond to a Demand to Commence Suit
13under Section 34 of the Mechanics Lien Act, the code hearing
14unit shall schedule a hearing to occur at least 30 days after
15sending notice of the date of hearing. Notice of the hearing
16shall be provided by the county recorder, by and through his or
17her representative, to the filer, or the party represented by
18the filer, of the expired lien, the legal representative of
19the recorder of deeds who referred the case, and the last owner
20of record, as identified in the Notice of Referral.
21    If the recorder shows by clear and convincing evidence
22that the lien in question is an expired lien, the
23administrative law judge shall rule the lien is forfeited
24under Section 34.5 of the Mechanics Lien Act and that the lien
25no longer affects the chain of title of the property in any
26way. The judgment shall be forwarded to all parties identified

 

 

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1in this subsection. Upon receiving judgment of a forfeited
2lien, the recorder shall, within 5 business days, record a
3copy of the judgment in the grantor's index or the grantee's
4index.
5    If the administrative law judge finds the lien is not
6expired, the recorder shall, no later than 5 business days
7after receiving notice of the decision of the administrative
8law judge, record a copy of the judgment in the grantor's index
9or the grantee's index.
10    A decision by an administrative law judge is reviewable
11under the Administrative Review Law, and nothing in this
12Section precludes a property owner or lienholder from
13proceeding with a civil action to resolve questions concerning
14a mechanics lien.
15    A lienholder or property owner may remove the action from
16the code hearing unit to the circuit court as provided in
17subsection (i).
18    (g) Final administrative decision. The recorder's decision
19to refer a mechanics lien or serve a Demand to Commence Suit is
20a final administrative decision that is subject to review
21under the Administrative Review Law by the circuit court of
22the county where the real property is located. The standard of
23review by the circuit court shall be consistent with the
24Administrative Review Law.
25    (h) Liability. A recorder and his or her employees or
26agents are not subject to personal liability by reason of any

 

 

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1error or omission in the performance of any duty under this
2Section, except in the case of willful or wanton conduct. The
3recorder and his or her employees or agents are not liable for
4the decision to refer a lien or serve a Demand to Commence
5Suit, or failure to refer or serve a Demand to Commence Suit,
6of a lien under this Section.
7    (i) Private actions; use of demand and referral process.
8Nothing in this Section precludes a private right of action by
9any party with an interest in the property affected by the
10mechanics lien or a decision by the code hearing unit. Nothing
11in this Section requires a person or entity who may have a
12mechanics lien recorded against his or her property to use the
13mechanics lien demand and referral process created by this
14Section.
15    A lienholder or property owner may remove a matter in the
16referral process to the circuit court at any time prior to the
17final decision of the administrative law judge by delivering a
18certified notice of the suit filed in the circuit court to the
19administrative law judge. Upon receipt of the certified
20notice, the administrative law judge shall dismiss the matter
21without prejudice. If the matter is dismissed due to removal,
22then the demand and referral process is completed for the
23recorder for that property. If the circuit court dismisses the
24removed matter without deciding on whether the lien is expired
25and without prejudice, the recorder may reinstitute the demand
26and referral process under subsection (d).

 

 

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1    (j) Repeal. This Section is repealed on January 1, 2026
22024.
3(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
 
4    (Text of Section after amendment by P.A. 103-400)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 3-5010.8. Mechanics lien demand and referral pilot
7program.
8    (a) Legislative findings. The General Assembly finds that
9expired mechanics liens on residential property, which cloud
10title to property, are a rapidly growing problem throughout
11the State. In order to address the increase in expired
12mechanics liens and, more specifically, those that have not
13been released by the lienholder, a recorder may establish a
14process to demand and refer mechanics liens that have been
15recorded but not litigated or released in accordance with the
16Mechanics Lien Act to an administrative law judge for
17resolution or demand that the lienholder commence suit or
18forfeit the lien.
19    (b) Definitions. As used in this Section:
20    "Demand to Commence Suit" means the written demand
21specified in Section 34 of the Mechanics Lien Act.
22    "Mechanics lien" and "lien" are used interchangeably in
23this Section.
24    "Notice of Expired Mechanics Lien" means the notice a
25recorder gives to a property owner under subsection (d)

 

 

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1informing the property owner of an expired lien.
2    "Notice of Referral" means the document referring a
3mechanics lien to a county's code hearing unit.
4    "Recording" and "filing" are used interchangeably in this
5Section.
6    "Referral" or "refer" means a recorder's referral of a
7mechanics lien to a county's code hearing unit to obtain a
8determination as to whether a recorded mechanics lien is
9valid.
10    "Residential property" means real property improved with
11not less than one nor more than 4 residential dwelling units; a
12residential condominium unit, including, but not limited to,
13the common elements allocated to the exclusive use of the
14condominium unit that form an integral part of the condominium
15unit and any parking unit or units specified by the
16declaration to be allocated to a specific residential
17condominium unit; or a single tract of agriculture real estate
18consisting of 40 acres or less that is improved with a
19single-family residence. If a declaration of condominium
20ownership provides for individually owned and transferable
21parking units, "residential property" does not include the
22parking unit of a specified residential condominium unit
23unless the parking unit is included in the legal description
24of the property against which the mechanics lien is recorded.
25    (c) Establishment of a mechanics lien demand and referral
26process. After a public hearing, a recorder in a county with a

 

 

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1code hearing unit may adopt rules establishing a mechanics
2lien demand and referral process for residential property. A
3recorder shall provide public notice 90 days before the public
4hearing. The notice shall include a statement of the
5recorder's intent to create a mechanics lien demand and
6referral process and shall be published in a newspaper of
7general circulation in the county and, if feasible, be posted
8on the recorder's website and at the recorder's office or
9offices.
10    (d) Notice of Expired Lien. If a recorder determines,
11after review by legal staff or counsel, that a mechanics lien
12recorded in the grantor's index or the grantee's index is an
13expired lien, the recorder shall serve a Notice of Expired
14Lien by certified mail to the last known address of the owner.
15The owner or legal representative of the owner of the
16residential property shall confirm in writing the owner's or
17legal representative's belief that the lien is not involved in
18pending litigation and, if there is no pending litigation, as
19verified and confirmed by county court records, the owner may
20request that the recorder proceed with a referral or serve a
21Demand to Commence Suit.
22    For the purposes of this Section, a recorder shall
23determine if a lien is an expired lien. A lien is expired if a
24suit to enforce the lien has not been commenced or a
25counterclaim has not been filed by the lienholder within 2
26years after the completion date of the contract as specified

 

 

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1in the recorded mechanics lien. The 2-year period shall be
2increased to the extent that an automatic stay under Section
3362(a) of the United States Bankruptcy Code stays a suit or
4counterclaim to foreclose the lien. If a work completion date
5is not specified in the recorded lien, then the work
6completion date is the date of recording of the mechanics
7lien.
8    (e) Demand to Commence Suit. Upon receipt of an owner's
9confirmation that the lien is not involved in pending
10litigation and a request for the recorder to serve a Demand to
11Commence Suit, the recorder shall serve a Demand to Commence
12Suit on the lienholder of the expired lien as provided in
13Section 34 of the Mechanics Lien Act. A recorder may request
14that the Secretary of State assist in providing registered
15agent information or obtain information from the Secretary of
16State's registered business database when the recorder seeks
17to serve a Demand to Commence suit on the lienholder. Upon
18request, the Secretary of State, or the Secretary of State's
19designee, shall provide the last known address or registered
20agent information for a lienholder who is incorporated or
21doing business in the State. The recorder must record a copy of
22the Demand to Commence suit in the grantor's index or the
23grantee's index identifying the mechanics lien and include the
24corresponding document number and the date of demand. The
25recorder may, at the recorder's discretion, notify the
26Secretary of State regarding a Demand to Commence suit

 

 

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1determined to involve a company, corporation, or business
2registered with that office.
3    When the lienholder commences a suit or files an answer
4within 30 days or the lienholder records a release of lien with
5the county recorder as required by subsection (a) of Section
634 of the Mechanics Lien Act, then the demand and referral
7process is completed for the recorder for that property. If
8service under this Section is responded to consistent with
9Section 34 of the Mechanics Lien Act, the recorder may not
10proceed under subsection (f). If no response is received
11consistent with Section 34 of the Mechanics Lien Act, the
12recorder may proceed under subsection (f).
13    (f) Referral. Upon receipt of an owner's confirmation that
14the lien is not involved in pending litigation and a request
15for the recorder to proceed with a referral, the recorder
16shall: (i) file the Notice of Referral with the county's code
17hearing unit; (ii) identify and notify the lienholder by
18telephone, if available, of the referral and send a copy of the
19Notice of Referral by certified mail to the lienholder using
20information included in the recorded mechanics lien or the
21last known address or registered agent received from the
22Secretary of State or obtained from the Secretary of State's
23registered business database; (iii) send a copy of the Notice
24of Referral by mail to the physical address of the property
25owner associated with the lien; and (iv) record a copy of the
26Notice of Referral in the grantor's index or the grantee's

 

 

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1index identifying the mechanics lien and include the
2corresponding document number. The Notice of Referral shall
3clearly identify the person, persons, or entity believed to be
4the owner, assignee, successor, or beneficiary of the lien.
5The recorder may, at the recorder's discretion, notify the
6Secretary of State regarding a referral determined to involve
7a company, corporation, or business registered with that
8office.
9    No earlier than 30 business days after the date the
10lienholder is required to respond to a Demand to Commence Suit
11under Section 34 of the Mechanics Lien Act, the code hearing
12unit shall schedule a hearing to occur at least 30 days after
13sending notice of the date of hearing. Notice of the hearing
14shall be provided by the county recorder, by and through the
15recorder's representative, to the filer, or the party
16represented by the filer, of the expired lien, the legal
17representative of the recorder of deeds who referred the case,
18and the last owner of record, as identified in the Notice of
19Referral.
20    If the recorder shows by clear and convincing evidence
21that the lien in question is an expired lien, the
22administrative law judge shall rule the lien is forfeited
23under Section 34.5 of the Mechanics Lien Act and that the lien
24no longer affects the chain of title of the property in any
25way. The judgment shall be forwarded to all parties identified
26in this subsection. Upon receiving judgment of a forfeited

 

 

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1lien, the recorder shall, within 5 business days, record a
2copy of the judgment in the grantor's index or the grantee's
3index.
4    If the administrative law judge finds the lien is not
5expired, the recorder shall, no later than 5 business days
6after receiving notice of the decision of the administrative
7law judge, record a copy of the judgment in the grantor's index
8or the grantee's index.
9    A decision by an administrative law judge is reviewable
10under the Administrative Review Law, and nothing in this
11Section precludes a property owner or lienholder from
12proceeding with a civil action to resolve questions concerning
13a mechanics lien.
14    A lienholder or property owner may remove the action from
15the code hearing unit to the circuit court as provided in
16subsection (i).
17    (g) Final administrative decision. The recorder's decision
18to refer a mechanics lien or serve a Demand to Commence Suit is
19a final administrative decision that is subject to review
20under the Administrative Review Law by the circuit court of
21the county where the real property is located. The standard of
22review by the circuit court shall be consistent with the
23Administrative Review Law.
24    (h) Liability. A recorder and the recorder's employees or
25agents are not subject to personal liability by reason of any
26error or omission in the performance of any duty under this

 

 

HB1358 Enrolled- 34 -LRB103 05107 HLH 50121 b

1Section, except in the case of willful or wanton conduct. The
2recorder and the recorder's employees or agents are not liable
3for the decision to refer a lien or serve a Demand to Commence
4Suit, or failure to refer or serve a Demand to Commence Suit,
5of a lien under this Section.
6    (i) Private actions; use of demand and referral process.
7Nothing in this Section precludes a private right of action by
8any party with an interest in the property affected by the
9mechanics lien or a decision by the code hearing unit. Nothing
10in this Section requires a person or entity who may have a
11mechanics lien recorded against the person's or entity's
12property to use the mechanics lien demand and referral process
13created by this Section.
14    A lienholder or property owner may remove a matter in the
15referral process to the circuit court at any time prior to the
16final decision of the administrative law judge by delivering a
17certified notice of the suit filed in the circuit court to the
18administrative law judge. Upon receipt of the certified
19notice, the administrative law judge shall dismiss the matter
20without prejudice. If the matter is dismissed due to removal,
21then the demand and referral process is completed for the
22recorder for that property. If the circuit court dismisses the
23removed matter without deciding on whether the lien is expired
24and without prejudice, the recorder may reinstitute the demand
25and referral process under subsection (d).
26    (j) Repeal. This Section is repealed on January 1, 2026

 

 

HB1358 Enrolled- 35 -LRB103 05107 HLH 50121 b

12024.
2(Source: P.A. 102-671, eff. 11-30-21; 103-400, eff. 1-1-24.)
 
3    (55 ILCS 5/4-11001.5)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 4-11001.5. Lake County Children's Advocacy Center
6Pilot Program.
7    (a) The Lake County Children's Advocacy Center Pilot
8Program is established. Under the Pilot Program, any grand
9juror or petit juror in Lake County may elect to have his or
10her juror fees earned under Section 4-11001 of this Code to be
11donated to the Lake County Children's Advocacy Center, a
12division of the Lake County State's Attorney's office.
13    (b) On or before January 1, 2017, the Lake County board
14shall adopt, by ordinance or resolution, rules and policies
15governing and effectuating the ability of jurors to donate
16their juror fees to the Lake County Children's Advocacy Center
17beginning January 1, 2017 and ending December 31, 2018. At a
18minimum, the rules and policies must provide:
19        (1) for a form that a juror may fill out to elect to
20    donate his or her juror fees. The form must contain a
21    statement, in at least 14-point bold type, that donation
22    of juror fees is optional;
23        (2) that all monies donated by jurors shall be
24    transferred by the county to the Lake County Children's
25    Advocacy Center at the same time a juror is paid under

 

 

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1    Section 4-11001 of this Code who did not elect to donate
2    his or her juror fees; and
3        (3) that all juror fees donated under this Section
4    shall be used exclusively for the operation of Lake County
5    Children's Advocacy Center.
6    The Lake County board shall adopt an ordinance or
7resolution reestablishing the rules and policies previously
8adopted under this subsection allowing a juror to donate his
9or her juror fees to the Lake County Children's Advocacy
10Center through December 31, 2021.
11    (c) The following information shall be reported to the
12General Assembly and the Governor by the Lake County board
13after each calendar year of the Pilot Program on or before
14March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021:
15        (1) the number of grand and petit jurors who earned
16    fees under Section 4-11001 of this Code during the
17    previous calendar year;
18        (2) the number of grand and petit jurors who donated
19    fees under this Section during the previous calendar year;
20        (3) the amount of donated fees under this Section
21    during the previous calendar year;
22        (4) how the monies donated in the previous calendar
23    year were used by the Lake County Children's Advocacy
24    Center; and
25        (5) how much cost there was incurred by Lake County
26    and the Lake County State's Attorney's office in the

 

 

HB1358 Enrolled- 37 -LRB103 05107 HLH 50121 b

1    previous calendar year in implementing the Pilot Program.
2    (d) This Section is repealed on January 1, 2026 2024.
3(Source: P.A. 101-612, eff. 12-20-19; 102-671, eff. 11-30-21.)
 
4    (55 ILCS 5/5-41065)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 5-41065. Mechanics lien demand and referral
7adjudication.
8    (a) Notwithstanding any other provision in this Division,
9a county's code hearing unit must adjudicate an expired
10mechanics lien referred to the unit under Section 3-5010.8.
11    (b) If a county does not have an administrative law judge
12in its code hearing unit who is familiar with the areas of law
13relating to mechanics liens, one may be appointed no later
14than 3 months after the effective date of this amendatory Act
15of the 100th General Assembly to adjudicate all referrals
16concerning mechanics liens under Section 3-5010.8.
17    (c) If an administrative law judge familiar with the areas
18of law relating to mechanics liens has not been appointed as
19provided subsection (b) when a mechanics lien is referred
20under Section 3-5010.8 to the code hearing unit, the case
21shall be removed to the proper circuit court with
22jurisdiction.
23    (d) This Section is repealed on January 1, 2026 2024.
24(Source: P.A. 102-671, eff. 11-30-21.)
 

 

 

HB1358 Enrolled- 38 -LRB103 05107 HLH 50121 b

1    (55 ILCS 5/5-43043)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 5-43043. Mechanics lien demand and referral
4adjudication.
5    (a) Notwithstanding any other provision in this Division,
6a county's code hearing unit must adjudicate an expired
7mechanics lien referred to the unit under Section 3-5010.8.
8    (b) If a county does not have an administrative law judge
9in its code hearing unit who is familiar with the areas of law
10relating to mechanics liens, one may be appointed no later
11than 3 months after the effective date of this amendatory Act
12of the 100th General Assembly to adjudicate all referrals
13concerning mechanics liens under Section 3-5010.8.
14    (c) If an administrative law judge familiar with the areas
15of law relating to mechanics liens has not been appointed as
16provided subsection (b) when a mechanics lien is referred
17under Section 3-5010.8 to the code hearing unit, the case
18shall be removed to the proper circuit court with
19jurisdiction.
20    (d) This Section is repealed on January 1, 2026 2024.
21(Source: P.A. 102-671, eff. 11-30-21.)
 
22    Section 90. The Emergency Medical Services (EMS) Systems
23Act is amended by changing Section 3.22 as follows:
 
24    (210 ILCS 50/3.22)

 

 

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1    Sec. 3.22. EMT Training, Recruitment, and Retention Task
2Force.
3    (a) The EMT Training, Recruitment, and Retention Task
4Force is created to address the following:
5        (1) the impact that the EMT and Paramedic shortage is
6    having on this State's EMS System and health care system;
7        (2) barriers to the training, recruitment, and
8    retention of Emergency Medical Technicians throughout this
9    State;
10        (3) steps that the State of Illinois can take,
11    including coordination and identification of State and
12    federal funding sources, to assist Illinois high schools,
13    community colleges, and ground ambulance providers to
14    train, recruit, and retain emergency medical technicians;
15        (4) the examination of current testing mechanisms for
16    EMRs, EMTs, and Paramedics and the utilization of the
17    National Registry of Emergency Medical Technicians,
18    including current pass rates by licensure level, national
19    utilization, and test preparation strategies;
20        (5) how apprenticeship programs, local, regional, and
21    statewide, can be utilized to recruit and retain EMRs,
22    EMTs, and Paramedics;
23        (6) how ground ambulance reimbursement affects the
24    recruitment and retention of EMTs and Paramedics; and
25        (7) all other areas that the Task Force deems
26    necessary to examine and assist in the recruitment and

 

 

HB1358 Enrolled- 40 -LRB103 05107 HLH 50121 b

1    retention of EMTs and Paramedics.
2    (b) The Task Force shall be comprised of the following
3members:
4        (1) one member of the Illinois General Assembly,
5    appointed by the President of the Senate, who shall serve
6    as co-chair;
7        (2) one member of the Illinois General Assembly,
8    appointed by the Speaker of the House of Representatives;
9        (3) one member of the Illinois General Assembly,
10    appointed by the Senate Minority Leader;
11        (4) one member of the Illinois General Assembly,
12    appointed by the House Minority Leader, who shall serve as
13    co-chair;
14        (5) 9 members representing private ground ambulance
15    providers throughout this State representing for-profit
16    and non-profit rural and urban ground ambulance providers,
17    appointed by the President of the Senate;
18        (6) 3 members representing hospitals, appointed by the
19    Speaker of the House of Representatives, with one member
20    representing safety-net safety net hospitals and one
21    member representing rural hospitals;
22        (7) 3 members representing a statewide association of
23    nursing homes, appointed by the President of the Senate;
24        (8) one member representing the State Board of
25    Education, appointed by the House Minority Leader;
26        (9) 2 EMS Medical Directors from a Regional EMS

 

 

HB1358 Enrolled- 41 -LRB103 05107 HLH 50121 b

1    Medical Directors Committee, appointed by the Governor;
2    and
3        (10) one member representing the Illinois Community
4    College Systems, appointed by the Minority Leader of the
5    Senate.
6    (c) Members of the Task Force shall serve without
7compensation.
8    (d) The Task Force shall convene at the call of the
9co-chairs and shall hold at least 6 meetings.
10    (e) The Task Force shall submit its final report to the
11General Assembly and the Governor no later than September 1,
122024 January 1, 2024, and upon the submission of its final
13report, the Task Force shall be dissolved.
14(Source: P.A. 103-547, eff. 8-11-23; revised 10-25-23.)
 
15    Section 95. The Environmental Protection Act is amended by
16changing Section 9.18 as follows:
 
17    (415 ILCS 5/9.18)
18    (Section scheduled to be repealed on January 1, 2024)
19    Sec. 9.18. Commission on market-based carbon pricing
20solutions.
21    (a) In the United States, state-based market policies to
22reduce greenhouse gases have been in operation since 2009.
23More than a quarter of the US population lives in a state with
24carbon pricing and these states represent one-third of the

 

 

HB1358 Enrolled- 42 -LRB103 05107 HLH 50121 b

1United States' gross domestic product. Market-based policies
2have proved effective at reducing emissions in states across
3the United States, and around the world. Additionally,
4well-designed carbon pricing incentivizes energy efficiency
5and drives investments in low-carbon solutions and
6technologies, such as renewables, hydrogen, biofuels, and
7carbon capture, use, and storage. Illinois must assess
8available suites of programs and policies to support a rapid,
9economy-wide decarbonization and spur the development of a
10clean energy economy in the State, while maintaining Illinois'
11competitive advantage.
12    (b) The Governor is hereby authorized to create a carbon
13pricing commission to study the short-term and long-term
14impacts of joining, implementing, or designing a sector-based,
15statewide, or regional carbon pricing program. The commission
16shall analyze and compare the relative cost of, and greenhouse
17gas reductions from, various carbon pricing programs available
18to Illinois and the Midwest, including, but not limited to:
19the Regional Greenhouse Gas Initiative (RGGI), the
20Transportation and Climate Initiative (TCI), California's
21cap-and-trade program, California's low carbon fuel standard,
22Washington State's cap-and-invest program, the Oregon Clean
23Fuels Program, and other relevant market-based programs. At
24the conclusion of the study, no later than December 31, 2022,
25the commission shall issue a public report containing its
26findings.

 

 

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1    (c) This Section is repealed on January 1, 2025 2024.
2(Source: P.A. 102-662, eff. 9-15-21.)
 
3    Section 100. The Illinois Vehicle Code is amended by
4changing Section 3-692 as follows:
 
5    (625 ILCS 5/3-692)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 3-692. Soil and Water Conservation District Plates.
8    (a) In addition to any other special license plate, the
9Secretary, upon receipt of all applicable fees and
10applications made in the form prescribed by the Secretary of
11State, may issue Soil and Water Conservation District license
12plates. The special Soil and Water Conservation District plate
13issued under this Section shall be affixed only to passenger
14vehicles of the first division and motor vehicles of the
15second division weighing not more than 8,000 pounds. Plates
16issued under this Section shall expire according to the
17staggered multi-year procedure established by Section 3-414.1
18of this Code.
19    (b) The design, color, and format of the plates shall be
20wholly within the discretion of the Secretary of State.
21Appropriate documentation, as determined by the Secretary,
22must accompany each application. The Secretary, in his or her
23discretion, shall approve and prescribe stickers or decals as
24provided under Section 3-412.

 

 

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1    (c) An applicant for the special plate shall be charged a
2$40 fee for original issuance in addition to the appropriate
3registration fee. Of this fee, $25 shall be deposited into the
4Soil and Water Conservation District Fund and $15 shall be
5deposited into the Secretary of State Special License Plate
6Fund, to be used by the Secretary to help defray the
7administrative processing costs. For each registration renewal
8period, a $27 fee, in addition to the appropriate registration
9fee, shall be charged. Of this fee, $25 shall be deposited into
10the Soil and Water Conservation District Fund and $2 shall be
11deposited into the Secretary of State Special License Plate
12Fund.
13    (d) The Soil and Water Conservation District Fund is
14created as a special fund in the State treasury. All money in
15the Soil and Water Conservation District Fund shall be paid,
16subject to appropriation by the General Assembly and
17distribution by the Secretary, as grants to Illinois soil and
18water conservation districts for projects that conserve and
19restore soil and water in Illinois. All interest earned on
20moneys in the Fund shall be deposited into the Fund. The Fund
21shall not be subject to administrative charges or chargebacks,
22such as but not limited to those authorized under Section 8h of
23the State Finance Act.
24    (e) Notwithstanding any other provision of law, on July 1,
252023, or as soon thereafter as practical, the State
26Comptroller shall direct and the State Treasurer shall

 

 

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1transfer the remaining balance from the Soil and Water
2Conservation District Fund into the Partners for Conservation
3Fund. Upon completion of the transfers, the Soil and Water
4Conservation District Fund is dissolved, and any future
5deposits due to that Fund and any outstanding obligations or
6liabilities of that Fund shall pass to the Partners for
7Conservation Fund.
8    (f) This Section is repealed on January 1, 2025 2024.
9(Source: P.A. 103-8, eff. 6-7-23.)
 
10    Section 105. The Illinois Controlled Substances Act is
11amended by changing Section 311.6 as follows:
 
12    (720 ILCS 570/311.6)
13    (Text of Section before amendment by P.A. 103-425)
14    (This Section may contain text from a Public Act with a
15delayed effective date)
16    Sec. 311.6. Opioid prescriptions.
17    (a) Notwithstanding any other provision of law, a
18prescription for a substance classified in Schedule II, III,
19IV, or V must be sent electronically, in accordance with
20Section 316. Prescriptions sent in accordance with this
21subsection (a) must be accepted by the dispenser in electronic
22format.
23    (b) Notwithstanding any other provision of this Section or
24any other provision of law, a prescriber shall not be required

 

 

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1to issue prescriptions electronically if he or she certifies
2to the Department of Financial and Professional Regulation
3that he or she will not issue more than 25 prescriptions during
4a 12-month period. Prescriptions in both oral and written form
5for controlled substances shall be included in determining
6whether the prescriber will reach the limit of 25
7prescriptions.
8    (c) The Department of Financial and Professional
9Regulation shall adopt rules for the administration of this
10Section. These rules shall provide for the implementation of
11any such exemption to the requirements under this Section that
12the Department of Financial and Professional Regulation may
13deem appropriate, including the exemption provided for in
14subsection (b).
15(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
16102-1109 for effective date of P.A. 102-490).)
 
17    (Text of Section after amendment by P.A. 103-425)
18    (This Section may contain text from a Public Act with a
19delayed effective date)
20    Sec. 311.6. Opioid prescriptions.
21    (a) Notwithstanding any other provision of law, a
22prescription for a substance classified in Schedule II, III,
23IV, or V must be sent electronically, in accordance with
24Section 316. Prescriptions sent in accordance with this
25subsection (a) must be accepted by the dispenser in electronic

 

 

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1format.
2    (b) Beginning on the effective date of this amendatory Act
3of the 103rd General Assembly until December 31, 2028,
4notwithstanding any other provision of this Section or any
5other provision of law, a prescriber shall not be required to
6issue prescriptions electronically if he or she certifies to
7the Department of Financial and Professional Regulation that
8he or she will not issue more than 150 prescriptions during a
912-month period. Prescriptions in both oral and written form
10for controlled substances shall be included in determining
11whether the prescriber will reach the limit of 150
12prescriptions. Beginning January 1, 2029, notwithstanding any
13other provision of this Section or any other provision of law,
14a prescriber shall not be required to issue prescriptions
15electronically if he or she certifies to the Department of
16Financial and Professional Regulation that he or she will not
17issue more than 50 prescriptions during a 12-month period.
18Prescriptions in both oral and written form for controlled
19substances shall be included in determining whether the
20prescriber will reach the limit of 50 prescriptions.
21    (b-5) Notwithstanding any other provision of this Section
22or any other provision of law, a prescriber shall not be
23required to issue prescriptions electronically under the
24following circumstances:
25        (1) prior to January 1, 2026, the prescriber
26    demonstrates financial difficulties in buying or managing

 

 

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1    an electronic prescription option, whether it is an
2    electronic health record or some other electronic
3    prescribing product;
4        (2) on and after January 1, 2026, the prescriber
5    provides proof of a waiver from the Centers for Medicare
6    and Medicaid Services for the Electronic Prescribing for
7    Controlled Substances Program due to demonstrated economic
8    hardship for the previous compliance year;
9        (3) there is a temporary technological or electrical
10    failure that prevents an electronic prescription from
11    being issued;
12        (4) the prescription is for a drug that the
13    practitioner reasonably determines would be impractical
14    for the patient to obtain in a timely manner if prescribed
15    by an electronic data transmission prescription and the
16    delay would adversely impact the patient's medical
17    condition;
18        (5) the prescription is for an individual who:
19            (A) resides in a nursing or assisted living
20        facility;
21            (B) is receiving hospice or palliative care;
22            (C) is receiving care at an outpatient renal
23        dialysis facility and the prescription is related to
24        the care provided;
25            (D) is receiving care through the United States
26        Department of Veterans Affairs; or

 

 

HB1358 Enrolled- 49 -LRB103 05107 HLH 50121 b

1            (E) is incarcerated in a state, detained, or
2        confined in a correctional facility;
3        (6) the prescription prescribes a drug under a
4    research protocol;
5        (7) the prescription is a non-patient specific
6    prescription dispensed under a standing order, approved
7    protocol for drug therapy, collaborative drug management,
8    or comprehensive medication management, or in response to
9    a public health emergency or other circumstance in which
10    the practitioner may issue a non-patient specific
11    prescription;
12        (8) the prescription is issued when the prescriber and
13    dispenser are the same entity; or
14        (9) the prescription is issued for a compound
15    prescription containing 2 or more compounds; or .
16        (10) the prescription is issued by a licensed
17    veterinarian within 2 years after the effective date of
18    this amendatory Act of the 103rd General Assembly.
19    (c) The Department of Financial and Professional
20Regulation may adopt rules for the administration of this
21Section to the requirements under this Section that the
22Department of Financial and Professional Regulation may deem
23appropriate.
24    (d) Any prescriber who makes a good faith effort to
25prescribe electronically, but for reasons not within the
26prescriber's control is unable to prescribe electronically,

 

 

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1may be exempt from any disciplinary action.
2    (e) Any pharmacist who dispenses in good faith based upon
3a valid prescription that is not prescribed electronically may
4be exempt from any disciplinary action. A pharmacist is not
5required to ensure or responsible for ensuring the
6prescriber's compliance under subsection (b), nor may any
7other entity or organization require a pharmacist to ensure
8the prescriber's compliance with that subsection.
9    (f) It shall be a violation of this Section for any
10prescriber or dispenser to adopt a policy contrary to this
11Section.
12(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
13102-1109 for effective date of P.A. 102-490); 103-425, eff.
141-1-24.)
 
15    Section 110. The Common Interest Community Association Act
16is amended by changing Section 1-90 as follows:
 
17    (765 ILCS 160/1-90)
18    (Section scheduled to be repealed on January 1, 2024)
19    Sec. 1-90. Compliance with the Condominium and Common
20Interest Community Ombudsperson Act. Every common interest
21community association, except for those exempt from this Act
22under Section 1-75, must comply with the Condominium and
23Common Interest Community Ombudsperson Act and is subject to
24all provisions of the Condominium and Common Interest

 

 

HB1358 Enrolled- 51 -LRB103 05107 HLH 50121 b

1Community Ombudsperson Act. This Section is repealed January
21, 2026 2024.
3(Source: P.A. 102-921, eff. 5-27-22.)
 
4    Section 115. The Condominium Property Act is amended by
5changing Section 35 as follows:
 
6    (765 ILCS 605/35)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 35. Compliance with the Condominium and Common
9Interest Community Ombudsperson Act. Every unit owners'
10association must comply with the Condominium and Common
11Interest Community Ombudsperson Act and is subject to all
12provisions of the Condominium and Common Interest Community
13Ombudsperson Act. This Section is repealed January 1, 2026
142024.
15(Source: P.A. 102-921, eff. 5-27-22.)
 
16    Section 120. The Condominium and Common Interest Community
17Ombudsperson Act is amended by changing Section 70 as follows:
 
18    (765 ILCS 615/70)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 70. Repeal. This Act is repealed on January 1, 2026
212024.
22(Source: P.A. 102-921, eff. 5-27-22.)
 

 

 

HB1358 Enrolled- 52 -LRB103 05107 HLH 50121 b

1    Section 900. "An Act concerning housing", approved June
230, 2023, Public Act 103-215, is amended by adding Section 99
3as follows:
 
4    (P.A. 103-215, Sec. 99 new)
5    Sec. 99. Effective date. This Act takes effect April 30,
62024.
 
7    Section 905. "An Act concerning education", approved
8August 11, 2023, Public Act 103-542, is amended by adding
9Section 99 as follows:
 
10    (P.A. 103-542, Sec. 99 new)
11    Section 99. Effective date. This Act takes effect on July
121, 2024.
 
13    Section 950. No acceleration or delay. Where this Act
14makes changes in a statute that is represented in this Act by
15text that is not yet or no longer in effect (for example, a
16Section represented by multiple versions), the use of that
17text does not accelerate or delay the taking effect of (i) the
18changes made by this Act or (ii) provisions derived from any
19other Public Act.
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.