HB5038 103RD GENERAL ASSEMBLY

LRB103 37106 MXP 67225 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5038

Introduced 2/8/2024, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

See Index

Amends the State Records Act, the Secretary of State Merit Employment Code, the State Library Act, the Illinois Literacy Act, the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act, the Illinois Vehicle Code, the Uniform Real Property Electronic Recording Act, and the Motor Vehicle Franchise Act. Provides that an appointed Board, Foundation, or Council member who fails to attend in person 2 consecutive Board, Foundation, or Council meetings without an excused absence shall no longer serve as a member. Requires the Secretary of State to fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. Requires the Boards to evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. Provides that if no final action is required under the Open Meetings Act, a member may participate in the meeting by virtual presence. Amends the Court of Claims Act. Provides the court shall hold sessions at such places or remotely as it deems necessary to expedite the business of the court. Allows the court to adopt administrative rules to provide for remote participation and electronic filing in any proceeding and for the conduct of any business of the court. Allows the clerk of the court to administratively determine certain claims against the State if the claim possesses specified characteristics. Provides that one judge may decide on claims made with respect to lapsed appropriations or matters involving the award of emergency funds under the Crime Victims Compensation Act. Provides that all claims filed under the Crime Victims Compensation Act must be filed within 5 years (rather than one year) of the crime on which the claim is based. Makes other changes.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Records Act is amended by changing Sections 22a and 22b as follows:

(5 ILCS 160/22a) (from Ch. 116, par. 43.25a)

Sec. 22a. There is hereby created the State Archives Advisory Board consisting of 12 voting members and 2 nonvoting members.

The voting members shall be appointed by the Secretary of State as follows: A member of the State Records Commission, a member of a Local Records Commission, a member of a local historical society or museum, a university archivist, a person in the field of education specializing in either history or political science, a genealogist, a research or reference librarian, a person who is employed or engaged as an archivist by a business establishment and 4 public members.

The nonvoting members shall be the Director of the State Library and the Executive Director of the Abraham Lincoln Presidential Library and Museum who shall serve ex-officio.

Four of the initial appointees shall serve a 1-year term; four shall serve 2-year terms; and the remaining 4 shall serve 3-year terms. The terms of the initial appointees shall be specified by the Secretary of State at the time of appointments. Subsequent to the initial appointments all members shall hold office for a period of 3 years. Vacancies shall be filled by appointment of the Secretary of State for the unexpired balance of the term. No person shall serve for more than 2 consecutive 3-year terms.

The State Archives Advisory Board shall elect from its own members one chairman and one vice chairman.

The members appointed to the Board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.

An appointed member who fails to attend in person 2 consecutive Board meetings without an excused absence shall no longer serve as a member. If attendance by virtual attendance at a meeting is permitted under Section 22b and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting. The Secretary of State shall fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments.

(Source: P.A. 102-985, eff. 1-1-23.)

(5 ILCS 160/22b) (from Ch. 116, par. 43.25b)

Sec. 22b. The State Archives Advisory Board shall meet at the call of the chairman, but not less than 3 times in each calendar year, and shall make recommendations to the State Archivist on such matters as: general policies regarding the operation of the State archives; budget policies relative to annual appropriations by the General Assembly; and policies for federal funded archives programs.

The Board shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence.

(Source: P.A. 83-523.)

Section 10. The Secretary of State Merit Employment Code is amended by changing Section 8b as follows:

(15 ILCS 310/8b) (from Ch. 124, par. 108b)

Sec. 8b. Meetings. The Merit Commission shall meet periodically in accordance with a schedule established by the chairman and at such other times as necessary, upon a three-day written notice. Three members shall constitute a quorum.

An appointed member who fails to attend in person 2 consecutive Commission meetings without an excused absence shall no longer serve as a member. If attendance by virtual attendance at a meeting is permitted under this Section and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting. The Secretary of State shall fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. The Commission shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence.

(Source: P.A. 89-375, eff. 8-18-95.)

Section 15. The State Library Act is amended by changing Sections 5 and 7.2 as follows:

(15 ILCS 320/5) (from Ch. 128, par. 105)

Sec. 5. State Library Advisory Committee. There is hereby created an Advisory Library Committee whose duty it shall be to make recommendations concerning the policies, services, and management of the State Library. The Advisory Committee shall additionally advise the State Library in the development of State and federal library plans; provide input in addressing policies, issues, and activities for library development and cooperation among different types of libraries; make recommendations concerning the evaluation of statewide services; and address the use of technology to expand access to information for the State's citizens.

The Committee shall consist of 20 persons appointed by the State Librarian. The appointments shall consist of the following:

13 Library professionals broadly representative of Illinois libraries (including academic, public, school, and special libraries), library systems and other consortia; and

7 citizens.

Additional persons may be made ex officio members of the Committee, but without voting powers.

The Director of the State Library shall serve as Secretary of the Committee but may vote only to break tie votes.

The Advisory Committee shall elect its own chairman and vice chairman and committee members shall serve without compensation but may be reimbursed for expenses incurred as members of the committee.

Each committee member shall serve for a term of 3 years, or until his or her successor is appointed, and the State Librarian may stagger the terms. No person shall serve for more than 2 consecutive 3-year terms.

An appointed member who fails to attend in person 2 consecutive Committee meetings without an excused absence shall no longer serve as a member. If attendance by virtual attendance at a meeting is permitted under this Section and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting. The State Librarian shall fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. The Committee shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence.

(Source: P.A. 91-507, eff. 8-13-99.)

(15 ILCS 320/7.2) (from Ch. 128, par. 107.2)

Sec. 7.2. Literacy Advisory Board. There is created a Literacy Advisory Board, consisting of the Secretary of State or his designee as chairperson, 2 members from the Illinois State Library or their designees, 2 members from the Illinois State Board of Education or their designees and 3 Illinois citizens interested in the literacy issue, all appointed by the Secretary of State. The Literacy Advisory Board shall review community and workplace proposals for funding of literacy programs in Illinois submitted through the Office of the Secretary of State and recommend to the Secretary of State those deserving of funding. The Illinois State Library may promulgate rules and regulations to establish standards for literacy program funding criteria.

An appointed member who fails to attend in person 2 consecutive Board meetings without an excused absence shall no longer serve as a member. If attendance by virtual attendance at a meeting is permitted under this Section and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting. The Board shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence.

(Source: P.A. 91-507, eff. 8-13-99.)

Section 20. The Illinois Literacy Act is amended by changing Section 40 as follows:

(15 ILCS 322/40) (from Ch. 128, par. 240)

Sec. 40. Illinois Literacy Foundation.

(a) The Secretary of State is authorized in accordance with Section 10 of the State Agency Entity Creation Act to create a not-for-profit foundation which shall be known as the Illinois Literacy Foundation. The Secretary shall file articles of incorporation and bylaws as required under the General Not For Profit Corporation Act of 1986 to create the Foundation. There shall be not less than 6 nor more than 11 Directors to the Foundation to be appointed by the Secretary of State. The Secretary of State or his or her designee shall serve as an ex officio ex-officio Director of the Foundation. No Director may receive compensation for his or her services to the Foundation. An appointed member who fails to attend in person 2 consecutive Board meetings without an excused absence shall no longer serve as a member. If attendance by virtual attendance at a meeting is permitted under subsection (e) and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting.

(b) The purposes of the Foundation are to promote literacy among the residents of the State of Illinois by supporting literacy programs and enhancing Statewide literacy awareness; to make grants and gifts in aid and support of the goal; and to engage generally in other lawful endeavors consistent with the foregoing purposes. The Foundation shall not exceed the provisions of the General Not For Profit Corporation Act of 1986.

(c) As soon as practicable after the Foundation is created, the Directors shall meet, organize, and designate, by majority vote, a Chairman, Secretary, and any additional officers as may be needed to carry out the activities of the Foundation. The Secretary of State may adopt rules and regulations as deemed necessary to govern Foundation procedures.

(d) The Foundation may accept gifts or grants from the federal government, its agencies or officers, or from any person, firm, or corporation; and may expend receipts on activities that it considers suitable to the performance of its duties under this Section. Funds collected by the Foundation shall be considered private funds and shall be held in an appropriate account outside of the State Treasury. The treasurer of the Foundation shall be custodian of all Foundation funds. The Foundation's accounts and books shall be set up and maintained in a manner approved by the Auditor General and the Foundation and its officers shall be responsible for the approval of recording of receipts, approval of payments, and the proper filing of required reports. The Foundation may be assisted in carrying out its functions by personnel of the Office of the Secretary of State with respect to matters falling within their scope and function. The Foundation shall cooperate fully with the boards, commissions, agencies, departments and institutions of the State. The funds held and made available by the Illinois Literacy Foundation shall be subject to financial and compliance audits by the Auditor General in compliance with the Illinois State Auditing Act.

(e) The Foundation shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence.

(Source: P.A. 87-1249.)

Section 25. The Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act is amended by changing Section 4 as follows:

(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)

(Section scheduled to be repealed on January 1, 2025)

Sec. 4. There is hereby created an Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Council, which shall exercise its powers, duties and responsibilities. There shall be 11 members of the Council consisting of the Secretary of State or his designee, the Director of the Illinois State Police, the State's Attorney of Cook County, the Superintendent of the Chicago Police Department, and the following 7 additional members, each of whom shall be appointed by the Secretary of State: a state's attorney of a county other than Cook, a chief executive law enforcement official from a jurisdiction other than the City of Chicago, 5 representatives of insurers authorized to write motor vehicle insurance in this State, all of whom shall be domiciled in this State.

The Director shall be the Chairman of the Council. All members of the Council appointed by the Secretary shall serve at the discretion of the Secretary for a term not to exceed 4 years. The Council shall meet at least quarterly. An appointed member who fails to attend in person 2 consecutive Council meetings without an excused absence shall no longer serve as a member. If attendance by virtual attendance at a meeting is permitted under this Section and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting. The Secretary of State shall fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. The Council shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence.

(Source: P.A. 102-538, eff. 8-20-21; 102-904, eff. 1-1-23.)

Section 30. The Illinois Vehicle Code is amended by changing Sections 5-102.7 and 6-902 as follows:

(625 ILCS 5/5-102.7)

Sec. 5-102.7. Dealer Recovery Trust Fund.

(a) The General Assembly finds that motor vehicle dealers that go out of business without fulfilling agreements to pay off the balance of their customers' liens on traded-in vehicles cause financial harm to those customers by leaving those customers liable for multiple vehicle loans and cause harm to the integrity of the motor vehicle retailing industry. It is the intent of the General Assembly to protect vehicle purchasers by creating a Dealer Recovery Trust Fund to reimburse these consumers.

(b) The Dealer Recovery Trust Fund shall be used solely for the limited purpose of helping victims of dealership closings. Any interest accrued by moneys in the Fund shall be deposited and become part of the Dealer Recovery Trust Fund and its purpose. The sole beneficiaries of the Dealer Recovery Trust Fund are victims of dealership closings.

(c) Except where the context otherwise requires, the following words and phrases, when used in this Section, have the meanings ascribed to them in this subsection (c):

"Applicant" means a person who applies for reimbursement from the Dealer Recovery Trust Fund Board.

"Board" means the Dealer Recovery Trust Fund Board created under this Section.

"Dealer" means a new vehicle dealer licensed under Section 5-101, a used vehicle dealer licensed under Section 5-102, or a Buy Here, Pay Here used vehicle dealer licensed under 5-102.8, excepting a dealer who primarily sells mobile homes, recreational vehicles, or trailers.

"Fund" means the Dealer Recovery Trust Fund created under this Section.

"Fund Administrator" means the private entity, which shall be appointed by the Board, that administers the Dealer Recovery Trust Fund.

(d) Beginning October 1, 2011, each application or renewal for a new vehicle dealer's license and each application or renewal for a Buy Here, Pay Here used vehicle dealer licensed under 5-102.8 or a used vehicle dealer's license shall be accompanied by the applicable Annual Dealer Recovery Fund Fee under Section 5-101 or 5-102 of this Code. The fee shall be in addition to any other fees imposed under this Article, shall be submitted at the same time an application or renewal for a new vehicle dealer's license, used vehicle dealer's license, or Buy Here, Pay Here used vehicle dealer is submitted, and shall be made payable to and remitted directly to the Dealer Recovery Trust Fund, a trust fund outside of the State Treasury which is hereby created. In addition, the Dealer Recovery Trust Fund may accept any federal, State, or private moneys for deposit into the Fund.

(e) The Fund Administrator shall maintain a list of all dealers who have paid the fee under subsection (d) of this Section for the current year, which shall be available to the Secretary of State and the Board. The Secretary of State shall revoke the dealer license of any dealer who does not pay the fee imposed under subsection (d) of this Section. The Secretary of State and the Fund Administrator may enter into information sharing agreements as needed to implement this Section.

(f) The Fund shall be audited annually by an independent auditor who is a certified public accountant and who has been selected by the Board. The independent auditor shall compile an annual report, which shall be filed with the Board and shall be a public record. The auditor shall be paid by the Fund, pursuant to an order of the Board.

(g) The Fund shall be maintained by the Fund Administrator, who shall keep current records of the amounts deposited into the Fund and the amounts paid out of the Fund pursuant to an order of the Board. These records shall be made available to all members of the Board upon reasonable request during normal business hours. The Fund Administrator shall report the balance in the Fund to the Board monthly, by the 15th day of each month. For purposes of determining the amount available to pay claims under this Section at any meeting of the Board, the Board shall use the Fund Administrator's most recent monthly report. The Fund Administrator shall purchase liability insurance to cover management of the Fund at a cost not to exceed 2% of the balance in the Fund as of January 15th of that year.

(h) In any year for which the balance in the Fund as of August 31st is greater than $3,500,000, the Fund Administrator shall notify the Secretary of State and the Secretary of State shall suspend collection of the fee for the following year for any dealer who has not had a claim paid from the Fund, has not had his or her license suspended or revoked, and has not been assessed any civil penalties under this Code during the 3 previous years.

(i) Moneys in the Dealer Recovery Trust Fund may be paid from the Fund only as directed by a written order of the Board and used only for the following purposes:

(i) to pay claims under a written order of the Board as provided in this Section; or

(ii) to reimburse the Fund Administrator for its expenses related to the administration of the Fund, provided that the reimbursement to the Fund Administrator in any year shall not exceed 2% of the balance in the Fund as of January 15th of that year.

(j) The Dealer Recovery Trust Fund Board is hereby created. The Board shall consist of the Secretary of State, or his or her designee, who shall serve as chair, the Attorney General, or his or her designee, who shall serve as secretary, and one person alternatively representing new and independent Illinois automobile dealers, selected collectively by the Attorney General, or his or her designee, and the Secretary of State, or his or her designee. The Secretary of State may propose procedures and employ personnel as necessary to implement this Section. The Board shall meet quarterly, and as needed, as directed by the chair. An appointed member who fails to attend in person 2 consecutive Board meetings without an excused absence shall no longer serve as a member. If attendance by virtual attendance at a meeting is permitted under this Section and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting. The Attorney General or the Secretary of State shall fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. The Board shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence. The Board may not pay out any claims before the balance deposited into the Fund exceeds $500,000. Board meetings shall be open to the public. The Board has the authority to take any action by at least a two-thirds majority vote.

(k) The following persons may apply to the Board for reimbursement from the Dealer Recovery Trust Fund:

(i) A retail customer who, on or after October 1, 2011, purchases a vehicle from a dealer who subsequently files for bankruptcy or whose vehicle dealer's license is subsequently revoked by the Secretary of State or otherwise terminated and, as part of the purchase transaction, trades in a vehicle with an outstanding lien to the dealer if lien satisfaction was a condition of the purchase agreement and the retail customer determines that the lien has not been satisfied;

(ii) A retail customer who, on or after October 1, 2011, purchases a vehicle with an undisclosed lien from a dealer who subsequently files for bankruptcy or whose vehicle dealer's license is subsequently revoked by the Secretary of State or otherwise terminated;

(iii) A dealer who, on or after October 1, 2011, purchases a vehicle with an undisclosed lien from another dealer who subsequently files for bankruptcy or whose vehicle dealer's license is subsequently revoked by the Secretary of State or otherwise terminated.

(l) To be considered by the Board, an applicant must submit his or her claim to the Board within 2 years after the date of the transaction that gave rise to the claim.

(m) At each meeting of the Board, it shall consider all claims that are properly submitted to it on forms prescribed by the Secretary of State at least 30 days before the date of the Board's meeting. Before the Board may consider a claim against a dealer, it must make a written determination that the dealer has filed for bankruptcy under the provisions of 11 U.S.C. Chapter 7; that the Secretary of State has revoked his or her dealer's license; or that the license has been otherwise terminated. Once the Board has made this determination, it may consider the applicant's claim against the dealer. If a two-thirds majority of the Board determines that the dealer has committed a violation under subsection (k), it shall grant the applicant's claim. Except as otherwise provided in this Section, the maximum amount of any award for a claim under paragraph (i) of subsection (k) of this Section shall be equal to the amount of the unpaid balance of the lien that the dealer agreed to pay off on behalf of the applicant as shown on the bill of sale or the retail installment sales contract. The maximum amount of any claim under paragraph (ii) or (iii) of subsection (k) of this Section shall be equal to the amount of the undisclosed lien. However, no award for a claim under subsection (k) of this Section shall exceed $35,000.

(n) If the balance in the Fund at the time of any Board meeting is less than the amount of the total amount of all claims awarded at that meeting, then all awards made at that meeting shall be reduced, pro rata, so that the amount of claims does not exceed the balance in the Fund. Before it reviews new claims, the Board shall issue written orders to pay the remaining portion of any claims that were so reduced, provided that the balance in the Fund is sufficient to pay those claims.

(o) Whenever the balance of the Fund falls below $500,000, the Board may charge dealers an additional assessment of up to $50 to bring the balance to at least $500,000. Not more than one additional assessment may be made against a dealer in any 12-month period.

(p) If the total amount of claims awarded against any dealer exceeds 33% of the balance in the Fund, the Board may permanently reduce the amount of those claims, pro rata, so that those claims do not exceed 33% of the balance in the Fund.

(q) The Board shall issue a written order directing the Fund Administrator to pay an applicant's claim to a secured party where the Board has received a signed agreement between the applicant and the secured party holding the lien. The agreement must (i) state that the applicant and the secured party agree to accept payment from the Fund to the secured party as settlement in full of all claims against the dealer; and (ii) release the lien and the title, if applicable, to the vehicle that was the subject of the claim. The written order shall state the amount of the claim and the name and address of the secured party to whom the claim shall be paid. The Fund Administrator shall pay the claim within 30 days after it receives the Board's order.

(r) No dealer or principal associated with a dealer's license is eligible for licensure, renewal or relicensure until the full amount of reimbursement for an unpaid claim, plus interest as determined by the Board, is paid to the Fund. Nothing in this Section shall limit the authority of the Secretary of State to suspend, revoke, or levy civil penalties against a dealer, nor shall full repayment of the amount owed to the Fund nullify or modify the effect of any action by the Secretary.

(s) Nothing in this Section shall limit the right of any person to seek relief though civil action against any other person as an alternative to seeking reimbursement from the Fund.

(Source: P.A. 101-505, eff. 1-1-20.)

(625 ILCS 5/6-902) (from Ch. 95 1/2, par. 6-902)

Sec. 6-902. Driver's License Medical Advisory Board; membership; terms; compensation; meetings.

(a) There is established within the Office of the Secretary of State a Driver's License Medical Advisory Board consisting of at least 9 members appointed by the Secretary. Members' terms of service shall be set by the Secretary at his or her discretion. The members of the Board shall receive compensation from the Secretary at a rate per day designated by the Secretary for each day required for transacting business of the Board and shall be reimbursed for expenses reasonably incurred in the performance of their duties. The Secretary may also call in allied medical personnel to advise and consult with the Board. The Secretary shall select one of the members to act as Chairperson.

(b) The Board, or any of its subdivisions, shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other may meet at any place within the State and shall meet at the call of the Secretary as frequently as he or she deems necessary in order to properly discharge the functions prescribed by this Act. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence. A member who fails to attend in person 2 consecutive Board meetings without an excused absence shall no longer serve as a member. The Secretary of State shall fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. If attendance by virtual attendance at a meeting is permitted under this subsection and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting.

(Source: P.A. 87-1249.)

Section 35. The Court of Claims Act is amended by changing Sections 6, 10, 13, 16, 21, and 22 as follows:

(705 ILCS 505/6) (from Ch. 37, par. 439.6)

Sec. 6. The court shall hold sessions at such places or remotely as it deems necessary to expedite the business of the court. The court may adopt administrative rules to provide for remote participation and electronic filing in any proceeding and for the conduct of any business of the court.

(Source: P.A. 90-492, eff. 8-17-97.)

(705 ILCS 505/10) (from Ch. 37, par. 439.10)

Sec. 10. (a) The judges, commissioners and the clerk of the court may administer oaths and affirmations, take acknowledgments of instruments in writing, and give certificates of them.

(b) The clerk of the court is authorized to administratively determine certain claims against the State if the claim possesses all of the following characteristics:

(1) The claim does not arise under an appropriation for the current fiscal year.

(2) The State agency concerned concurs in the claim.

(3) The amount claimed does not exceed $2,500.

(4) The claim has been approved by the Attorney General as one that, in view of the purposes of this Act, should be paid.

The State agency concerned shall prepare the record of the claim consisting of all papers, stipulations, and evidential documents required by the rules of the court and file the same with the clerk. The clerk shall consider the claim informally upon the record submitted. If the clerk determines that the claim should be entered as an approved claim and an award made, the clerk shall so order and shall file a statement with the court. If the clerk finds that the record is inadequate, or that the claim should not be paid, the clerk shall reject the claim. The rejection of a claim under this Section does not bar its resubmission under the regular procedure.

(c) The judges, commissioners, and the clerk of the court may conduct any activity of the court remotely.

(d) The Court of Claims may adopt administrative rules to implement this Section.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/13) (from Ch. 37, par. 439.13)

Sec. 13. Evidence. Any judge or commissioner of the court may sit at any place within the State to take evidence in any case in the court. Any judge or commissioner may take evidence remotely.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/16) (from Ch. 37, par. 439.16)

Sec. 16. Concurrence of judges. Concurrence of 4 judges is necessary to the decision of any case; provided, however, the court in its discretion may assign any case to a commissioner for hearing and final decision, subject to whatever right of review the court by rule may choose to exercise. In matters involving claims made with respect to lapsed appropriations or the award of emergency funds under the Crime Victims Compensation Act, the decision of only one judge is necessary to award emergency funds.

(Source: P.A. 92-286, eff. 1-1-02.)

(705 ILCS 505/21) (from Ch. 37, par. 439.21)

Sec. 21. The court is authorized to impose, by uniform rules, a fee of $15 for the filing of a petition in any case in which the award sought is more than $50 and less than $1,000 and $35 in any case in which the award sought is $1,000 or more; and to charge and collect for copies of opinions or other documents filed in the Court of Claims such fees as may be prescribed by the rules of the Court. All fees and charges so collected shall be forthwith paid into the State Treasury.

The court may determine the form and manner of all filing fees and other charges due the court by administrative rule.

A petitioner who is a prisoner in an Illinois Department of Corrections facility who files a pleading, motion, or other filing that purports to be a legal document against the State, the Illinois Department of Corrections, the Prisoner Review Board, or any of their officers or employees in which the court makes a specific finding that it is frivolous shall pay all filing fees and court costs in the manner provided in Article XXII of the Code of Civil Procedure.

In claims based upon lapsed appropriations or lost warrant or in claims filed under the Line of Duty Compensation Act, the Illinois National Guardsman's Compensation Act, or the Crime Victims Compensation Act or in claims filed by medical vendors for medical services rendered by the claimant to persons eligible for Medical Assistance under programs administered by the Department of Healthcare and Family Services, no filing fee shall be required.

(Source: P.A. 95-331, eff. 8-21-07.)

(705 ILCS 505/22) (from Ch. 37, par. 439.22)

Sec. 22. Every claim cognizable by the court and not otherwise sooner barred by law shall be forever barred from prosecution therein unless it is filed with the clerk of the court within the time set forth as follows:

(a) All claims arising out of a contract must be filed within 5 years after it first accrues, saving to minors, and persons under legal disability at the time the claim accrues, in which cases the claim must be filed within 5 years from the time the disability ceases.

(b) All claims cognizable against the State by vendors of goods or services under the Illinois Public Aid Code must be filed within one year after the accrual of the cause of action, as provided in Section 11-13 of that Code.

(c) All claims arising under paragraph (c) of Section 8 of this Act must be automatically heard by the court within 120 days after the person asserting such claim is either issued a certificate of innocence from the circuit court as provided in Section 2-702 of the Code of Civil Procedure, or is granted a pardon by the Governor, whichever occurs later, without the person asserting the claim being required to file a petition under Section 11 of this Act, except as otherwise provided by the Crime Victims Compensation Act. Any claims filed by the claimant under paragraph (c) of Section 8 of this Act must be filed within 2 years after the person asserting such claim is either issued a certificate of innocence as provided in Section 2-702 of the Code of Civil Procedure, or is granted a pardon by the Governor, whichever occurs later.

(d) All claims arising under paragraph (f) of Section 8 of this Act must be filed within the time set forth in Section 3 of the Line of Duty Compensation Act.

(e) All claims arising under paragraph (h) of Section 8 of this Act must be filed within one year of the date of the death of the guardsman or militiaman as provided in Section 3 of the Illinois National Guardsman's Compensation Act.

(f) All claims arising under paragraph (g) of Section 8 of this Act must be filed within 5 years one year of the crime on which a claim is based as provided in Section 6.1 of the Crime Victims Compensation Act.

(g) All claims arising from the Comptroller's refusal to issue a replacement warrant pursuant to Section 10.10 of the State Comptroller Act must be filed within 5 years after the date of the Comptroller's refusal.

(h) All other claims must be filed within 2 years after it first accrues, saving to minors, and persons under legal disability at the time the claim accrues, in which case the claim must be filed within 2 years from the time the disability ceases.

(i) The changes made by Public Act 86-458 apply to all warrants issued within the 5-year period preceding August 31, 1989 (the effective date of Public Act 86-458). The changes made to this Section by Public Act 100-1124 apply to claims pending on November 27, 2018 (the effective date of Public Act 100-1124) and to claims filed thereafter.

(j) All time limitations established under this Act and the rules promulgated under this Act shall be binding and jurisdictional, except upon extension authorized by law or rule and granted pursuant to a motion timely filed.

(Source: P.A. 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

Section 40. The Uniform Real Property Electronic Recording Act is amended by changing Section 5 as follows:

(765 ILCS 33/5)

Sec. 5. Administration and standards.

(a) To adopt standards to implement this Act, there is established, within the Office of the Secretary of State, the Illinois Electronic Recording Commission consisting of 17 commissioners as follows:

(1) The Secretary of State or the Secretary's designee shall be a permanent commissioner.

(2) The Secretary of State shall appoint the following additional 16 commissioners:

(A) Three who are from the land title profession.

(B) Three who are from lending institutions.

(C) One who is an attorney.

(D) Seven who are county recorders, no more than 4 of whom are from one political party, representative of counties of varying size, geography, population, and resources.

(E) Two who are licensed real estate brokers or managing brokers under the Real Estate License Act of 2000.

(3) On August 27, 2007 (the effective date of this Act), the Secretary of State or the Secretary's designee shall become the Acting Chairperson of the Commission. The Secretary shall appoint the initial commissioners within 60 days and hold the first meeting of the Commission within 120 days, notifying commissioners of the time and place of the first meeting with at least 14 days' notice. At its first meeting the Commission shall adopt, by a majority vote, such rules and structure that it deems necessary to govern its operations, including the title, responsibilities, and election of officers. Once adopted, the rules and structure may be altered or amended by the Commission by majority vote. Upon the election of officers and adoption of rules or bylaws, the duties of the Acting Chairperson shall cease.

(4) The Commission shall meet at least once every year within the State of Illinois. The time and place of meetings to be determined by the Chairperson and approved by a majority of the Commission.

(5) Nine commissioners shall constitute a quorum.

(6) Commissioners shall receive no compensation for their services but may be reimbursed for reasonable expenses at current rates in effect at the Office of the Secretary of State, directly related to their duties as commissioners and participation at Commission meetings or while on business or at meetings which have been authorized by the Commission.

(7) Appointed commissioners shall serve terms of 3 years, which shall expire on December 1st. Five of the initially appointed commissioners, including at least 2 county recorders, shall serve terms of one year, 5 of the initially appointed commissioners, including at least 2 county recorders, shall serve terms of 2 years, and 4 of the initially appointed commissioners shall serve terms of 3 years, to be determined by lot. Of the commissioners appointed under subparagraph (E) of paragraph (2) of this subsection, one of the initially appointed commissioners shall serve a term of 2 years and one of the initially appointed commissioners shall serve a term of 3 years, to be determined by lot. The calculation of the terms in office of the initially appointed commissioners shall begin on the first December 1st after the commissioners have served at least 6 months in office.

(8) The Chairperson shall declare a commissioner's office vacant immediately after receipt of a written resignation, death, a recorder commissioner no longer holding the public office, or under other circumstances specified within the rules adopted by the Commission, which shall also by rule specify how and by what deadlines a replacement is to be appointed.

(9) An appointed commissioner who fails to attend in person 2 consecutive Commission meetings without an excused absence shall no longer serve as a commissioner. If attendance by virtual attendance at a meeting is permitted under this Section and an appointed commissioner fails to attend either in person or by virtual presence, the commissioner shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed commissioner fails to attend in person, the commissioner shall be deemed to have failed to attend that meeting. The Secretary of State shall fill any vacancy by the appointment of a commissioner for the unexpired term of the member in the same manner as in the making of original appointments.

(10) The Commission shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other.

(11) If no final action is required under Section 2.01 of the Open Meetings Act, a commissioner may participate in the meeting by virtual presence.

(b) (Blank).

(c) The Commission shall adopt and transmit to the Secretary of State standards to implement this Act and shall be the exclusive entity to set standards for counties to engage in electronic recording in the State of Illinois.

(d) To keep the standards and practices of county recorders in this State in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this Act and to keep the technology used by county recorders in this State compatible with technology used by recording offices in other jurisdictions that enact substantially this Act, the Commission, so far as is consistent with the purposes, policies, and provisions of this Act, in adopting, amending, and repealing standards shall consider:

(1) standards and practices of other jurisdictions;

(2) the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;

(3) the views of interested persons and governmental officials and entities;

(4) the needs of counties of varying size, population, and resources; and

(5) standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.

(e) The Commission shall review the statutes related to real property and the statutes related to recording real property documents and shall recommend to the General Assembly any changes in the statutes that the Commission deems necessary or advisable.

(f) Funding. The Secretary of State may accept for the Commission, for any of its purposes and functions, donations, gifts, grants, and appropriations of money, equipment, supplies, materials, and services from the federal government, the State or any of its departments or agencies, a county or municipality, or from any institution, person, firm, or corporation. The Commission may authorize a fee payable by counties engaged in electronic recording to fund its expenses. Any fee shall be proportional based on county population or number of documents recorded annually. On approval by a county recorder of the form and amount, a county board may authorize payment of any fee out of the special fund it has created to fund document storage and electronic retrieval, as authorized in Section 3-5018 of the Counties Code. Any funds received by the Office of the Secretary of State for the Commission shall be used entirely for expenses approved by and for the use of the Commission.

(g) The Secretary of State shall provide administrative support to the Commission, including the preparation of the agenda and minutes for Commission meetings, distribution of notices and proposed rules to commissioners, payment of bills and reimbursement for expenses of commissioners.

(h) Standards and rules adopted by the Commission shall be delivered to the Secretary of State. Within 60 days, the Secretary shall either promulgate by rule the standards adopted, amended, or repealed or return them to the Commission, with findings, for changes. The Commission may override the Secretary by a three-fifths vote, in which case the Secretary shall publish the Commission's standards.

(Source: P.A. 99-662, eff. 1-1-17; 100-201, eff. 8-18-17.)

Section 45. The Motor Vehicle Franchise Act is amended by changing Section 16 as follows:

(815 ILCS 710/16)

Sec. 16. Motor Vehicle Review Board; Appointment. The Secretary of State shall, within 6 months of the effective date of this Act, establish a Motor Vehicle Review Board. The Motor Vehicle Review Board shall be composed of 7 members appointed by the Secretary of State. The members shall represent the public interest at large and shall not have engaged in the sale, manufacture, or distribution of motor vehicles at retail in this State. Each member of the Board shall receive compensation as provided in the regulations for performance of the duties of the office, and in addition, shall be paid all travel and other necessary expenses incurred while performing official duties. Terms of office of the members shall be for 3 years, except that, of the members first appointed to take office after the effective date of this amendatory Act of 1995, 2 shall be appointed for a 3-year term, and one shall be appointed for a 2-year term. Of the members first appointed under this amendatory Act of 1996, one shall be appointed to a 3-year term, and one shall be appointed to a 2-year term. Of the members first appointed to take office after the effective date of this amendatory Act of the 91st General Assembly, one shall be appointed to a 3-year term and one shall be appointed to a 2-year term. Thereafter, each member shall be appointed for a 3-year term. As terms of appointment expire, members shall serve until their respective successors are appointed and qualified. No more than 4 members of the Board may be of the same political party. A member who tenders a written resignation shall serve only until the resignation is accepted by the Chairperson. A member who fails to attend in person 2 3 consecutive Board meetings without an excused absence shall no longer serve as a member. If attendance by virtual attendance at a meeting is permitted under this Section and an appointed member fails to attend either in person or by virtual presence, the member shall be deemed to have failed to attend that meeting. If attendance by virtual attendance at a meeting is not permitted and an appointed member fails to attend in person, the member shall be deemed to have failed to attend that meeting. The Secretary of State shall fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. Annually, the Board shall organize by selecting a Chairperson from one of the 7 members from the public at large. The Board shall evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. If no final action is required under Section 2.01 of the Open Meetings Act, a member may participate in the meeting by virtual presence.

(Source: P.A. 91-798, eff. 7-9-00.)