Illinois General Assembly - Full Text of HB1358
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1358  103rd General Assembly

HB1358sam001 103RD GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 11/6/2023

 

 


 

 


 
10300HB1358sam001LRB103 05107 AWJ 65229 a

1
AMENDMENT TO HOUSE BILL 1358

2    AMENDMENT NO. ______. Amend House Bill 1358 by replacing
3everything after the enacting clause with the following:
 
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 Acts Act repealed on January 1, 2025.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8following Acts are Act is repealed on January 1, 2025: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.
 

 

 

10300HB1358sam001- 2 -LRB103 05107 AWJ 65229 a

1    Section 15. The Illinois Administrative Procedure Act is
2amended by changing and renumbering Section 5-45.35, as added
3by Public Act 102-1115, as follows:
 
4    (5 ILCS 100/5-45.44)
5    (Section scheduled to be repealed on January 9, 2024)
6    Sec. 5-45.44 5-45.35. Emergency rulemaking; Hate Crimes
7and Bias Incident Prevention and Response Fund and Local
8Chambers of Commerce Recovery Grants. To provide for the
9expeditious and timely implementation of Public Act 102-1115
10this amendatory Act of the 102nd General Assembly, emergency
11rules implementing Section 6z-138 of the State Finance Act may
12be adopted in accordance with Section 5-45 by the Department
13of Human Rights and emergency rules implementing Section
14605-1105 of the Department of Commerce and Economic
15Opportunity Law of the Civil Administrative Code of Illinois
16may be adopted in accordance with Section 5-45 by the
17Department of Commerce and Economic Opportunity. The adoption
18of emergency rules authorized by Section 5-45 and this Section
19is deemed to be necessary for the public interest, safety, and
20welfare.
21    This Section is repealed on March 31, 2024 one year after
22the effective date of this amendatory Act of the 102nd General
23Assembly.
24(Source: P.A. 102-1115, eff. 1-9-23; revised 9-27-23.)
 

 

 

10300HB1358sam001- 3 -LRB103 05107 AWJ 65229 a

1    Section 20. The Election Code is amended by changing
2Section 1-23 as follows:
 
3    (10 ILCS 5/1-23)
4    (Section scheduled to be repealed on June 1, 2024)
5    Sec. 1-23. Ranked-Choice and Voting Systems Task Force.
6    (a) The Ranked-Choice and Voting Systems Task Force is
7created. The purpose of the Task Force is to review voting
8systems and the methods of voting, including ranked-choice
9voting, that could be authorized by law. The Task Force shall
10have the following duties:
11        (1) Engage election officials, interested groups, and
12    members of the public for the purpose of assessing the
13    adoption and implementation of ranked-choice voting in
14    presidential primary elections beginning in 2028.
15        (2) Review standards used to certify or approve the
16    use of a voting system, including the standards adopted by
17    the U.S. Election Assistance Commission and the State
18    Board of Elections.
19        (3) Advise whether the voting system used by Illinois
20    election authorities would be able to accommodate
21    alternative methods of voting, including, but not limited
22    to, ranked-choice voting.
23        (4) Make recommendations or suggestions for changes to
24    the Election Code or administrative rules for
25    certification of voting systems in Illinois to accommodate

 

 

10300HB1358sam001- 4 -LRB103 05107 AWJ 65229 a

1    alternative methods of voting, including ranked-choice
2    voting.
3    (b) On or before June 30, 2025 March 1, 2024, the Task
4Force shall publish a final report of its findings and
5recommendations. The report shall, at a minimum, detail
6findings and recommendations related to the duties of the Task
7Force and the following:
8        (1) the process used in Illinois to certify voting
9    systems, including which systems can conduct ranked-choice
10    voting; and
11        (2) information about the voting system used by
12    election authorities, including which election authorities
13    rely on legacy hardware and software for voting and which
14    counties and election authorities rely on equipment for
15    voting that has not exceeded its usable life span but
16    require a software upgrade to accommodate ranked-choice
17    voting. In this paragraph, "legacy hardware and software"
18    means equipment that has exceeded its usable life span.
19    (c) The Task Force shall consist of the following members:
20        (1) 4 members, appointed by the Senate President,
21    including 2 members of the Senate and 2 members of the
22    public;
23        (2) 4 members, appointed by the Speaker of the House
24    of Representatives, including 2 members of the House of
25    Representatives and 2 members of the public;
26        (3) 4 members, appointed by the Minority Leader of the

 

 

10300HB1358sam001- 5 -LRB103 05107 AWJ 65229 a

1    Senate, including 2 members of the Senate and 2 members of
2    the public;
3        (4) 4 members, appointed by the Minority Leader of the
4    House of Representatives, including 2 members of the House
5    of Representatives and 2 members of the public;
6        (5) 4 members, appointed by the Governor, including at
7    least 2 members with knowledge and experience
8    administering elections.
9    (d) Appointments to the Task Force shall be made within 30
10days after the effective date of this amendatory Act of the
11103rd General Assembly. Members shall serve without
12compensation.
13    (e) The Task Force shall meet at the call of a co-chair at
14least quarterly to fulfill its duties. At the first meeting of
15the Task Force, the Task Force shall elect one co-chair from
16the members appointed by the Senate President and one co-chair
17from the members appointed by the Speaker of the House of
18Representatives.
19    (f) The State Board of Elections shall provide
20administrative support for the Task Force.
21    (g) This Section is repealed, and the Task Force is
22dissolved, on July 1, 2025 June 1, 2024.
23(Source: P.A. 103-467, eff. 8-4-23.)
 
24    Section 25. The Department of Commerce and Economic
25Opportunity Law of the Civil Administrative Code of Illinois

 

 

10300HB1358sam001- 6 -LRB103 05107 AWJ 65229 a

1is amended by changing Section 605-1080 as follows:
 
2    (20 ILCS 605/605-1080)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 605-1080. Personal care products industry supplier
5disparity study.
6    (a) The Department shall compile and publish a disparity
7study by December 31, 2022 that: (1) evaluates whether there
8exists intentional discrimination at the supplier or
9distribution level for retailers of beauty products,
10cosmetics, hair care supplies, and personal care products in
11the State of Illinois; and (2) if so, evaluates the impact of
12such discrimination on the State and includes recommendations
13for reducing or eliminating any barriers to entry to those
14wishing to establish businesses at the retail level involving
15such products. The Department shall forward a copy of its
16findings and recommendations to the General Assembly and
17Governor.
18    (b) The Department may compile, collect, or otherwise
19gather data necessary for the administration of this Section
20and to carry out the Department's duty relating to the
21recommendation of policy changes. The Department shall compile
22all of the data into a single report, submit the report to the
23Governor and the General Assembly, and publish the report on
24its website.
25    (c) This Section is repealed on January 1, 2026 2024.

 

 

10300HB1358sam001- 7 -LRB103 05107 AWJ 65229 a

1(Source: P.A. 101-658, eff. 3-23-21; 102-813, eff. 5-13-22.)
 
2    Section 30. The Electric Vehicle Act is amended by
3changing Section 60 as follows:
 
4    (20 ILCS 627/60)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 60. Study on loss of infrastructure funds and
7replacement options. The Illinois Department of Transportation
8shall conduct a study to be delivered to the members of the
9Illinois General Assembly and made available to the public no
10later than September 30, 2022. The study shall consider how
11the proliferation of electric vehicles will adversely affect
12resources needed for transportation infrastructure and take
13into consideration any relevant federal actions. The study
14shall identify the potential revenue loss and offer multiple
15options for replacing those lost revenues. The Illinois
16Department of Transportation shall collaborate with
17organizations representing businesses involved in designing
18and building transportation infrastructure, organized labor,
19the general business community, and users of the system. In
20addition, the Illinois Department of Transportation may
21collaborate with other state agencies, including but not
22limited to the Illinois Secretary of State and the Illinois
23Department of Revenue.
24    This Section is repealed on January 1, 2025 2024.

 

 

10300HB1358sam001- 8 -LRB103 05107 AWJ 65229 a

1(Source: P.A. 102-662, eff. 9-15-21; 102-673, eff. 11-30-21.)
 
2    Section 35. The Department of Transportation Law of the
3Civil Administrative Code of Illinois is amended by changing
4Section 2705-620 as follows:
 
5    (20 ILCS 2705/2705-620)
6    (Section scheduled to be repealed on December 31, 2023)
7    Sec. 2705-620. Bond Reform in the Construction Industry
8Task Force.
9    (a) There is created the Bond Reform in the Construction
10Industry Task Force consisting of the following members:
11        (1) the Governor, or his or her designee;
12        (2) the State Treasurer, or his or her designee;
13        (3) the Director of Insurance, or his or her designee;
14        (4) 2 members appointed by the Speaker of the House of
15    Representatives;
16        (5) 2 members appointed by the Minority Leader of the
17    House of Representatives;
18        (6) 2 members appointed by the President of the
19    Senate;
20        (7) 2 members appointed by the Minority Leader of the
21    Senate; and
22        (8) 7 members representing the construction industry
23    appointed by the Governor.
24    The Department of Transportation shall provide

 

 

10300HB1358sam001- 9 -LRB103 05107 AWJ 65229 a

1administrative support to the Task Force.
2    (b) The Task Force shall study innovative ways to reduce
3the cost of insurance in the private and public construction
4industry while protecting owners from risk of nonperformance.
5The Task Force shall consider options that include, but are
6not limited to, owner-financed insurance instead of
7contractor-financed insurance and alternative ways to manage
8risk other than bonds or other insurance products.
9    (c) The Task Force shall report its findings and
10recommendations to the General Assembly no later than July 1,
112024 March 1, 2023.
12    (d) This Section is repealed December 31, 2024 2023.
13(Source: P.A. 102-1065, eff. 6-10-22.)
 
14    Section 40. The Illinois Power Agency Act is amended by
15changing Section 1-130 as follows:
 
16    (20 ILCS 3855/1-130)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 1-130. Home rule preemption.
19    (a) The authorization to impose any new taxes or fees
20specifically related to the generation of electricity by, the
21capacity to generate electricity by, or the emissions into the
22atmosphere by electric generating facilities after the
23effective date of this Act is an exclusive power and function
24of the State. A home rule unit may not levy any new taxes or

 

 

10300HB1358sam001- 10 -LRB103 05107 AWJ 65229 a

1fees specifically related to the generation of electricity by,
2the capacity to generate electricity by, or the emissions into
3the atmosphere by electric generating facilities after the
4effective date of this Act. This Section is a denial and
5limitation on home rule powers and functions under subsection
6(g) of Section 6 of Article VII of the Illinois Constitution.
7    (b) This Section is repealed on January 1, 2025 2024.
8(Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21;
9102-1109, eff. 12-21-22.)
 
10    Section 45. The Crime Reduction Task Force Act is amended
11by changing Sections 1-15 and 1-20 as follows:
 
12    (20 ILCS 3926/1-15)
13    (Section scheduled to be repealed on March 1, 2024)
14    Sec. 1-15. Meetings; report.
15    (a) The Task Force shall meet at least 4 times with the
16first meeting occurring within 60 days after the effective
17date of this Act.
18    (b) The Task Force shall review available research and
19best practices and take expert and witness testimony.
20    (c) The Task Force shall produce and submit a report
21detailing the Task Force's findings, recommendations, and
22needed resources to the General Assembly and the Governor on
23or before June 30, 2024 March 1, 2023.
24(Source: P.A. 102-756, eff. 5-10-22.)
 

 

 

10300HB1358sam001- 11 -LRB103 05107 AWJ 65229 a

1    (20 ILCS 3926/1-20)
2    (Section scheduled to be repealed on March 1, 2024)
3    Sec. 1-20. Repeal. This Act is repealed on January 1, 2025
4March 1, 2024.
5(Source: P.A. 102-756, eff. 5-10-22.)
 
6    Section 50. The Racial Disproportionality in Child Welfare
7Task Force Act is amended by changing Section 30 as follows:
 
8    (20 ILCS 4105/30)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 30. Repeal. The Task Force is dissolved, and this Act
11is repealed on, June 30, 2024 January 1, 2024.
12(Source: P.A. 102-506, eff. 8-20-21.)
 
13    Section 55. The Blue-Ribbon Commission on Transportation
14Infrastructure Funding and Policy Act is amended by changing
15Sections 25 and 30 as follows:
 
16    (20 ILCS 4116/25)
17    (Section scheduled to be repealed on February 1, 2024)
18    Sec. 25. Report. The Commission shall direct the Illinois
19Department of Transportation to enter into a contract with a
20third party to assist the Commission in producing a document
21that evaluates the topics under this Act and outline formal

 

 

10300HB1358sam001- 12 -LRB103 05107 AWJ 65229 a

1recommendations that can be acted upon by the General
2Assembly. The Commission shall report a summary of its
3activities and produce a final report of the data, findings,
4and recommendations to the General Assembly by July 1, 2025
5January 1, 2024. The final report shall include specific,
6actionable recommendations for legislation and organizational
7adjustments. The final report may include recommendations for
8pilot programs to test alternatives. The final report and
9recommendations shall also include any minority and individual
10views of task force members.
11(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23;
12reenacted by P.A. 103-461, eff. 8-4-23.)
 
13    (20 ILCS 4116/30)
14    (Section scheduled to be repealed on February 1, 2024)
15    Sec. 30. Repeal. This Commission is dissolved, and this
16Act is repealed, on August 1, 2025 February 1, 2024.
17(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23;
18reenacted by P.A. 103-461, eff. 8-4-23.)
 
19    Section 60. The Comprehensive Licensing Information to
20Minimize Barriers Task Force Act is amended by changing
21Section 20 as follows:
 
22    (20 ILCS 4121/20)
23    (Section scheduled to be repealed on December 1, 2024)

 

 

10300HB1358sam001- 13 -LRB103 05107 AWJ 65229 a

1    Sec. 20. Report.
2    (a) The Task Force shall conduct an analysis of
3occupational licensing, including, but not limited to,
4processes, procedures, and statutory requirements for
5licensure administered by the Department. The findings of this
6analysis shall be delivered to the General Assembly, the
7Office of Management and Budget, the Department, and the
8public in the form of a final report. For the purpose of
9ensuring that historically and economically disadvantaged
10populations are centered in this analysis, the Task Force
11shall identify low-income and middle-income licensed
12occupations in this State and aggregate the information from
13those occupations under the occupations' respective regulatory
14board overseen by the Department to form the basis of the
15report.
16    (b) The report shall contain, to the extent available,
17information collected from sources including, but not limited
18to, the Department, department licensure boards, other State
19boards, relevant departments, or other bodies of the State,
20and supplementary data including, but not limited to, census
21statistics, federal reporting, or published research as
22follows:
23        (1) the number of license applications submitted
24    compared with the number of licenses issued;
25        (2) data concerning the reason why licenses were
26    denied or revoked and a ranking of the most common reasons

 

 

10300HB1358sam001- 14 -LRB103 05107 AWJ 65229 a

1    for denial or revocation;
2        (3) an analysis of the information required of license
3    applicants by the Department compared with the information
4    that the Department is required by statute to verify, to
5    ascertain if applicants are required to submit superfluous
6    information;
7        (4) demographic information for the last 5 years of
8    (i) active license holders, (ii) license holders who were
9    disciplined in that period, (iii) license holders whose
10    licenses were revoked in that period, and (iv) license
11    applicants who were not issued licenses;
12        (5) data aggregated from the last 5 years of monthly
13    enforcement reports, including a ranking of the most
14    common reasons for public discipline;
15        (6) the cost of licensure to the individual,
16    including, but not limited to, the fees for initial
17    licensure and renewal, the average cost of training and
18    testing required for initial licensure, and the average
19    cost of meeting continuing education requirements for
20    license renewal;
21        (7) the locations within this State of each program or
22    school that provides the required training and testing
23    needed to obtain or renew a license, and whether the
24    required training and testing can be fulfilled online;
25        (8) the languages in which the required training or
26    testing is offered;

 

 

10300HB1358sam001- 15 -LRB103 05107 AWJ 65229 a

1        (9) the acceptance rates, graduation rates, and
2    dropout rates of the training facilities that provide
3    required training;
4        (10) the percentage of students at each school that
5    offers required training who financed the required
6    training through student loans; and
7        (11) the average annual salary of those in the
8    occupation.
9    (c) The final report shall also contain a general
10description of the steps taken by the Task Force to fulfill the
11report criteria and shall include in an appendix of the report
12any results of the Task Force's analysis in the form of graphs,
13charts, or other data visualizations. The Task Force shall
14also exercise due care in the reporting of this information to
15protect sensitive information of personal or proprietary value
16or information that would risk the security of residents of
17this State.
18    (d) The Task Force shall publish the final report by
19December 1, 2024 2023 with recommendations to the General
20Assembly, including recommendations for continued required
21reporting from the Department to better support the General
22Assembly in revoking, modifying, or creating new licensing
23Acts.
24(Source: P.A. 102-1078, eff. 6-10-22.)
 
25    Section 65. The Money Laundering in Real Estate Task Force

 

 

10300HB1358sam001- 16 -LRB103 05107 AWJ 65229 a

1Act is amended by changing Section 5-15 as follows:
 
2    (20 ILCS 4123/5-15)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 5-15. Reports. The Task Force shall submit a report
5to the Governor and the General Assembly not later than 24 12
6months after the effective date of this Act. The report shall
7include the Task Force's findings and shall summarize the
8actions the Task Force has taken and those it intends to take
9in response to its obligations under the Act. After it submits
10its initial report, the Task Force shall periodically submit
11reports to the Governor and the General Assembly as the
12chairperson of the Task Force deems necessary to apprise those
13officials of any additional findings made or actions taken by
14the Task Force. The obligation of the Task Force to submit
15periodic reports shall continue for the duration of the Task
16Force.
17(Source: P.A. 102-1108, eff. 12-21-22.)
 
18    Section 70. The Human Trafficking Task Force Act is
19amended by changing Section 25 as follows:
 
20    (20 ILCS 5086/25)
21    (Section scheduled to be repealed on July 1, 2024)
22    Sec. 25. Task force abolished; Act repealed. The Human
23Trafficking Task Force is abolished and this Act is repealed

 

 

10300HB1358sam001- 17 -LRB103 05107 AWJ 65229 a

1on July 1, 2025 2024.
2(Source: P.A. 102-323, eff. 8-6-21.)
 
3    Section 75. The Kidney Disease Prevention and Education
4Task Force Act is amended by changing Section 10-15 as
5follows:
 
6    (20 ILCS 5160/10-15)
7    (Section scheduled to be repealed on June 1, 2024)
8    Sec. 10-15. Repeal. This Act is repealed on June 1, 2026
92024.
10(Source: P.A. 101-649, eff. 7-7-20; 102-671, eff. 11-30-21.)
 
11    Section 80. The Business Enterprise for Minorities, Women,
12and Persons with Disabilities Act is amended by changing
13Section 9 as follows:
 
14    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)
15    (Section scheduled to be repealed on June 30, 2024)
16    Sec. 9. This Act is repealed June 30, 2029 2024.
17(Source: P.A. 101-170, eff. 1-1-20.)
 
18    Section 85. The Counties Code is amended by changing
19Sections 3-5010.8, 4-11001.5, 5-41065, and 5-43043 as follows:
 
20    (55 ILCS 5/3-5010.8)

 

 

10300HB1358sam001- 18 -LRB103 05107 AWJ 65229 a

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

 

 

10300HB1358sam001- 19 -LRB103 05107 AWJ 65229 a

1Section.
2    "Referral" or "refer" means a recorder's referral of a
3mechanics lien to a county's code hearing unit to obtain a
4determination as to whether a recorded mechanics lien is
5valid.
6    "Residential property" means real property improved with
7not less than one nor more than 4 residential dwelling units; a
8residential condominium unit, including, but not limited to,
9the common elements allocated to the exclusive use of the
10condominium unit that form an integral part of the condominium
11unit and any parking unit or units specified by the
12declaration to be allocated to a specific residential
13condominium unit; or a single tract of agriculture real estate
14consisting of 40 acres or less that is improved with a
15single-family residence. If a declaration of condominium
16ownership provides for individually owned and transferable
17parking units, "residential property" does not include the
18parking unit of a specified residential condominium unit
19unless the parking unit is included in the legal description
20of the property against which the mechanics lien is recorded.
21    (c) Establishment of a mechanics lien demand and referral
22process. After a public hearing, a recorder in a county with a
23code hearing unit may adopt rules establishing a mechanics
24lien demand and referral process for residential property. A
25recorder shall provide public notice 90 days before the public
26hearing. The notice shall include a statement of the

 

 

10300HB1358sam001- 20 -LRB103 05107 AWJ 65229 a

1recorder's intent to create a mechanics lien demand and
2referral process and shall be published in a newspaper of
3general circulation in the county and, if feasible, be posted
4on the recorder's website and at the recorder's office or
5offices.
6    (d) Notice of Expired Lien. If a recorder determines,
7after review by legal staff or counsel, that a mechanics lien
8recorded in the grantor's index or the grantee's index is an
9expired lien, the recorder shall serve a Notice of Expired
10Lien by certified mail to the last known address of the owner.
11The owner or legal representative of the owner of the
12residential property shall confirm in writing his or her
13belief that the lien is not involved in pending litigation
14and, if there is no pending litigation, as verified and
15confirmed by county court records, the owner may request that
16the recorder proceed with a referral or serve a Demand to
17Commence Suit.
18    For the purposes of this Section, a recorder shall
19determine if a lien is an expired lien. A lien is expired if a
20suit to enforce the lien has not been commenced or a
21counterclaim has not been filed by the lienholder within 2
22years after the completion date of the contract as specified
23in the recorded mechanics lien. The 2-year period shall be
24increased to the extent that an automatic stay under Section
25362(a) of the United States Bankruptcy Code stays a suit or
26counterclaim to foreclose the lien. If a work completion date

 

 

10300HB1358sam001- 21 -LRB103 05107 AWJ 65229 a

1is not specified in the recorded lien, then the work
2completion date is the date of recording of the mechanics
3lien.
4    (e) Demand to Commence Suit. Upon receipt of an owner's
5confirmation that the lien is not involved in pending
6litigation and a request for the recorder to serve a Demand to
7Commence Suit, the recorder shall serve a Demand to Commence
8Suit on the lienholder of the expired lien as provided in
9Section 34 of the Mechanics Lien Act. A recorder may request
10that the Secretary of State assist in providing registered
11agent information or obtain information from the Secretary of
12State's registered business database when the recorder seeks
13to serve a Demand to Commence suit on the lienholder. Upon
14request, the Secretary of State, or his or her designee, shall
15provide the last known address or registered agent information
16for a lienholder who is incorporated or doing business in the
17State. The recorder must record a copy of the Demand to
18Commence suit in the grantor's index or the grantee's index
19identifying the mechanics lien and include the corresponding
20document number and the date of demand. The recorder may, at
21his or her discretion, notify the Secretary of State regarding
22a Demand to Commence suit determined to involve a company,
23corporation, or business registered with that office.
24    When the lienholder commences a suit or files an answer
25within 30 days or the lienholder records a release of lien with
26the county recorder as required by subsection (a) of Section

 

 

10300HB1358sam001- 22 -LRB103 05107 AWJ 65229 a

134 of the Mechanics Lien Act, then the demand and referral
2process is completed for the recorder for that property. If
3service under this Section is responded to consistent with
4Section 34 of the Mechanics Lien Act, the recorder may not
5proceed under subsection (f). If no response is received
6consistent with Section 34 of the Mechanics Lien Act, the
7recorder may proceed under subsection (f).
8    (f) Referral. Upon receipt of an owner's confirmation that
9the lien is not involved in pending litigation and a request
10for the recorder to proceed with a referral, the recorder
11shall: (i) file the Notice of Referral with the county's code
12hearing unit; (ii) identify and notify the lienholder by
13telephone, if available, of the referral and send a copy of the
14Notice of Referral by certified mail to the lienholder using
15information included in the recorded mechanics lien or the
16last known address or registered agent received from the
17Secretary of State or obtained from the Secretary of State's
18registered business database; (iii) send a copy of the Notice
19of Referral by mail to the physical address of the property
20owner associated with the lien; and (iv) record a copy of the
21Notice of Referral in the grantor's index or the grantee's
22index identifying the mechanics lien and include the
23corresponding document number. The Notice of Referral shall
24clearly identify the person, persons, or entity believed to be
25the owner, assignee, successor, or beneficiary of the lien.
26The recorder may, at his or her discretion, notify the

 

 

10300HB1358sam001- 23 -LRB103 05107 AWJ 65229 a

1Secretary of State regarding a referral determined to involve
2a company, corporation, or business registered with that
3office.
4    No earlier than 30 business days after the date the
5lienholder is required to respond to a Demand to Commence Suit
6under Section 34 of the Mechanics Lien Act, the code hearing
7unit shall schedule a hearing to occur at least 30 days after
8sending notice of the date of hearing. Notice of the hearing
9shall be provided by the county recorder, by and through his or
10her representative, to the filer, or the party represented by
11the filer, of the expired lien, the legal representative of
12the recorder of deeds who referred the case, and the last owner
13of record, as identified in the Notice of Referral.
14    If the recorder shows by clear and convincing evidence
15that the lien in question is an expired lien, the
16administrative law judge shall rule the lien is forfeited
17under Section 34.5 of the Mechanics Lien Act and that the lien
18no longer affects the chain of title of the property in any
19way. The judgment shall be forwarded to all parties identified
20in this subsection. Upon receiving judgment of a forfeited
21lien, the recorder shall, within 5 business days, record a
22copy of the judgment in the grantor's index or the grantee's
23index.
24    If the administrative law judge finds the lien is not
25expired, the recorder shall, no later than 5 business days
26after receiving notice of the decision of the administrative

 

 

10300HB1358sam001- 24 -LRB103 05107 AWJ 65229 a

1law judge, record a copy of the judgment in the grantor's index
2or the grantee's index.
3    A decision by an administrative law judge is reviewable
4under the Administrative Review Law, and nothing in this
5Section precludes a property owner or lienholder from
6proceeding with a civil action to resolve questions concerning
7a mechanics lien.
8    A lienholder or property owner may remove the action from
9the code hearing unit to the circuit court as provided in
10subsection (i).
11    (g) Final administrative decision. The recorder's decision
12to refer a mechanics lien or serve a Demand to Commence Suit is
13a final administrative decision that is subject to review
14under the Administrative Review Law by the circuit court of
15the county where the real property is located. The standard of
16review by the circuit court shall be consistent with the
17Administrative Review Law.
18    (h) Liability. A recorder and his or her employees or
19agents are not subject to personal liability by reason of any
20error or omission in the performance of any duty under this
21Section, except in the case of willful or wanton conduct. The
22recorder and his or her employees or agents are not liable for
23the decision to refer a lien or serve a Demand to Commence
24Suit, or failure to refer or serve a Demand to Commence Suit,
25of a lien under this Section.
26    (i) Private actions; use of demand and referral process.

 

 

10300HB1358sam001- 25 -LRB103 05107 AWJ 65229 a

1Nothing in this Section precludes a private right of action by
2any party with an interest in the property affected by the
3mechanics lien or a decision by the code hearing unit. Nothing
4in this Section requires a person or entity who may have a
5mechanics lien recorded against his or her property to use the
6mechanics lien demand and referral process created by this
7Section.
8    A lienholder or property owner may remove a matter in the
9referral process to the circuit court at any time prior to the
10final decision of the administrative law judge by delivering a
11certified notice of the suit filed in the circuit court to the
12administrative law judge. Upon receipt of the certified
13notice, the administrative law judge shall dismiss the matter
14without prejudice. If the matter is dismissed due to removal,
15then the demand and referral process is completed for the
16recorder for that property. If the circuit court dismisses the
17removed matter without deciding on whether the lien is expired
18and without prejudice, the recorder may reinstitute the demand
19and referral process under subsection (d).
20    (j) Repeal. This Section is repealed on January 1, 2026
212024.
22(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
 
23    (Text of Section after amendment by P.A. 103-400)
24    (Section scheduled to be repealed on January 1, 2024)
25    Sec. 3-5010.8. Mechanics lien demand and referral pilot

 

 

10300HB1358sam001- 26 -LRB103 05107 AWJ 65229 a

1program.
2    (a) Legislative findings. The General Assembly finds that
3expired mechanics liens on residential property, which cloud
4title to property, are a rapidly growing problem throughout
5the State. In order to address the increase in expired
6mechanics liens and, more specifically, those that have not
7been released by the lienholder, a recorder may establish a
8process to demand and refer mechanics liens that have been
9recorded but not litigated or released in accordance with the
10Mechanics Lien Act to an administrative law judge for
11resolution or demand that the lienholder commence suit or
12forfeit the lien.
13    (b) Definitions. As used in this Section:
14    "Demand to Commence Suit" means the written demand
15specified in Section 34 of the Mechanics Lien Act.
16    "Mechanics lien" and "lien" are used interchangeably in
17this Section.
18    "Notice of Expired Mechanics Lien" means the notice a
19recorder gives to a property owner under subsection (d)
20informing the property owner of an expired lien.
21    "Notice of Referral" means the document referring a
22mechanics lien to a county's code hearing unit.
23    "Recording" and "filing" are used interchangeably in this
24Section.
25    "Referral" or "refer" means a recorder's referral of a
26mechanics lien to a county's code hearing unit to obtain a

 

 

10300HB1358sam001- 27 -LRB103 05107 AWJ 65229 a

1determination as to whether a recorded mechanics lien is
2valid.
3    "Residential property" means real property improved with
4not less than one nor more than 4 residential dwelling units; a
5residential condominium unit, including, but not limited to,
6the common elements allocated to the exclusive use of the
7condominium unit that form an integral part of the condominium
8unit and any parking unit or units specified by the
9declaration to be allocated to a specific residential
10condominium unit; or a single tract of agriculture real estate
11consisting of 40 acres or less that is improved with a
12single-family residence. If a declaration of condominium
13ownership provides for individually owned and transferable
14parking units, "residential property" does not include the
15parking unit of a specified residential condominium unit
16unless the parking unit is included in the legal description
17of the property against which the mechanics lien is recorded.
18    (c) Establishment of a mechanics lien demand and referral
19process. After a public hearing, a recorder in a county with a
20code hearing unit may adopt rules establishing a mechanics
21lien demand and referral process for residential property. A
22recorder shall provide public notice 90 days before the public
23hearing. The notice shall include a statement of the
24recorder's intent to create a mechanics lien demand and
25referral process and shall be published in a newspaper of
26general circulation in the county and, if feasible, be posted

 

 

10300HB1358sam001- 28 -LRB103 05107 AWJ 65229 a

1on the recorder's website and at the recorder's office or
2offices.
3    (d) Notice of Expired Lien. If a recorder determines,
4after review by legal staff or counsel, that a mechanics lien
5recorded in the grantor's index or the grantee's index is an
6expired lien, the recorder shall serve a Notice of Expired
7Lien by certified mail to the last known address of the owner.
8The owner or legal representative of the owner of the
9residential property shall confirm in writing the owner's or
10legal representative's belief that the lien is not involved in
11pending litigation and, if there is no pending litigation, as
12verified and confirmed by county court records, the owner may
13request that the recorder proceed with a referral or serve a
14Demand to Commence Suit.
15    For the purposes of this Section, a recorder shall
16determine if a lien is an expired lien. A lien is expired if a
17suit to enforce the lien has not been commenced or a
18counterclaim has not been filed by the lienholder within 2
19years after the completion date of the contract as specified
20in the recorded mechanics lien. The 2-year period shall be
21increased to the extent that an automatic stay under Section
22362(a) of the United States Bankruptcy Code stays a suit or
23counterclaim to foreclose the lien. If a work completion date
24is not specified in the recorded lien, then the work
25completion date is the date of recording of the mechanics
26lien.

 

 

10300HB1358sam001- 29 -LRB103 05107 AWJ 65229 a

1    (e) Demand to Commence Suit. Upon receipt of an owner's
2confirmation that the lien is not involved in pending
3litigation and a request for the recorder to serve a Demand to
4Commence Suit, the recorder shall serve a Demand to Commence
5Suit on the lienholder of the expired lien as provided in
6Section 34 of the Mechanics Lien Act. A recorder may request
7that the Secretary of State assist in providing registered
8agent information or obtain information from the Secretary of
9State's registered business database when the recorder seeks
10to serve a Demand to Commence suit on the lienholder. Upon
11request, the Secretary of State, or the Secretary of State's
12designee, shall provide the last known address or registered
13agent information for a lienholder who is incorporated or
14doing business in the State. The recorder must record a copy of
15the Demand to Commence suit in the grantor's index or the
16grantee's index identifying the mechanics lien and include the
17corresponding document number and the date of demand. The
18recorder may, at the recorder's discretion, notify the
19Secretary of State regarding a Demand to Commence suit
20determined to involve a company, corporation, or business
21registered with that office.
22    When the lienholder commences a suit or files an answer
23within 30 days or the lienholder records a release of lien with
24the county recorder as required by subsection (a) of Section
2534 of the Mechanics Lien Act, then the demand and referral
26process is completed for the recorder for that property. If

 

 

10300HB1358sam001- 30 -LRB103 05107 AWJ 65229 a

1service under this Section is responded to consistent with
2Section 34 of the Mechanics Lien Act, the recorder may not
3proceed under subsection (f). If no response is received
4consistent with Section 34 of the Mechanics Lien Act, the
5recorder may proceed under subsection (f).
6    (f) Referral. Upon receipt of an owner's confirmation that
7the lien is not involved in pending litigation and a request
8for the recorder to proceed with a referral, the recorder
9shall: (i) file the Notice of Referral with the county's code
10hearing unit; (ii) identify and notify the lienholder by
11telephone, if available, of the referral and send a copy of the
12Notice of Referral by certified mail to the lienholder using
13information included in the recorded mechanics lien or the
14last known address or registered agent received from the
15Secretary of State or obtained from the Secretary of State's
16registered business database; (iii) send a copy of the Notice
17of Referral by mail to the physical address of the property
18owner associated with the lien; and (iv) record a copy of the
19Notice of Referral in the grantor's index or the grantee's
20index identifying the mechanics lien and include the
21corresponding document number. The Notice of Referral shall
22clearly identify the person, persons, or entity believed to be
23the owner, assignee, successor, or beneficiary of the lien.
24The recorder may, at the recorder's discretion, notify the
25Secretary of State regarding a referral determined to involve
26a company, corporation, or business registered with that

 

 

10300HB1358sam001- 31 -LRB103 05107 AWJ 65229 a

1office.
2    No earlier than 30 business days after the date the
3lienholder is required to respond to a Demand to Commence Suit
4under Section 34 of the Mechanics Lien Act, the code hearing
5unit shall schedule a hearing to occur at least 30 days after
6sending notice of the date of hearing. Notice of the hearing
7shall be provided by the county recorder, by and through the
8recorder's representative, to the filer, or the party
9represented by the filer, of the expired lien, the legal
10representative of the recorder of deeds who referred the case,
11and the last owner of record, as identified in the Notice of
12Referral.
13    If the recorder shows by clear and convincing evidence
14that the lien in question is an expired lien, the
15administrative law judge shall rule the lien is forfeited
16under Section 34.5 of the Mechanics Lien Act and that the lien
17no longer affects the chain of title of the property in any
18way. The judgment shall be forwarded to all parties identified
19in this subsection. Upon receiving judgment of a forfeited
20lien, the recorder shall, within 5 business days, record a
21copy of the judgment in the grantor's index or the grantee's
22index.
23    If the administrative law judge finds the lien is not
24expired, the recorder shall, no later than 5 business days
25after receiving notice of the decision of the administrative
26law judge, record a copy of the judgment in the grantor's index

 

 

10300HB1358sam001- 32 -LRB103 05107 AWJ 65229 a

1or the grantee's index.
2    A decision by an administrative law judge is reviewable
3under the Administrative Review Law, and nothing in this
4Section precludes a property owner or lienholder from
5proceeding with a civil action to resolve questions concerning
6a mechanics lien.
7    A lienholder or property owner may remove the action from
8the code hearing unit to the circuit court as provided in
9subsection (i).
10    (g) Final administrative decision. The recorder's decision
11to refer a mechanics lien or serve a Demand to Commence Suit is
12a final administrative decision that is subject to review
13under the Administrative Review Law by the circuit court of
14the county where the real property is located. The standard of
15review by the circuit court shall be consistent with the
16Administrative Review Law.
17    (h) Liability. A recorder and the recorder's employees or
18agents are not subject to personal liability by reason of any
19error or omission in the performance of any duty under this
20Section, except in the case of willful or wanton conduct. The
21recorder and the recorder's employees or agents are not liable
22for the decision to refer a lien or serve a Demand to Commence
23Suit, or failure to refer or serve a Demand to Commence Suit,
24of a lien under this Section.
25    (i) Private actions; use of demand and referral process.
26Nothing in this Section precludes a private right of action by

 

 

10300HB1358sam001- 33 -LRB103 05107 AWJ 65229 a

1any party with an interest in the property affected by the
2mechanics lien or a decision by the code hearing unit. Nothing
3in this Section requires a person or entity who may have a
4mechanics lien recorded against the person's or entity's
5property to use the mechanics lien demand and referral process
6created by this Section.
7    A lienholder or property owner may remove a matter in the
8referral process to the circuit court at any time prior to the
9final decision of the administrative law judge by delivering a
10certified notice of the suit filed in the circuit court to the
11administrative law judge. Upon receipt of the certified
12notice, the administrative law judge shall dismiss the matter
13without prejudice. If the matter is dismissed due to removal,
14then the demand and referral process is completed for the
15recorder for that property. If the circuit court dismisses the
16removed matter without deciding on whether the lien is expired
17and without prejudice, the recorder may reinstitute the demand
18and referral process under subsection (d).
19    (j) Repeal. This Section is repealed on January 1, 2026
202024.
21(Source: P.A. 102-671, eff. 11-30-21; 103-400, eff. 1-1-24.)
 
22    (55 ILCS 5/4-11001.5)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 4-11001.5. Lake County Children's Advocacy Center
25Pilot Program.

 

 

10300HB1358sam001- 34 -LRB103 05107 AWJ 65229 a

1    (a) The Lake County Children's Advocacy Center Pilot
2Program is established. Under the Pilot Program, any grand
3juror or petit juror in Lake County may elect to have his or
4her juror fees earned under Section 4-11001 of this Code to be
5donated to the Lake County Children's Advocacy Center, a
6division of the Lake County State's Attorney's office.
7    (b) On or before January 1, 2017, the Lake County board
8shall adopt, by ordinance or resolution, rules and policies
9governing and effectuating the ability of jurors to donate
10their juror fees to the Lake County Children's Advocacy Center
11beginning January 1, 2017 and ending December 31, 2018. At a
12minimum, the rules and policies must provide:
13        (1) for a form that a juror may fill out to elect to
14    donate his or her juror fees. The form must contain a
15    statement, in at least 14-point bold type, that donation
16    of juror fees is optional;
17        (2) that all monies donated by jurors shall be
18    transferred by the county to the Lake County Children's
19    Advocacy Center at the same time a juror is paid under
20    Section 4-11001 of this Code who did not elect to donate
21    his or her juror fees; and
22        (3) that all juror fees donated under this Section
23    shall be used exclusively for the operation of Lake County
24    Children's Advocacy Center.
25    The Lake County board shall adopt an ordinance or
26resolution reestablishing the rules and policies previously

 

 

10300HB1358sam001- 35 -LRB103 05107 AWJ 65229 a

1adopted under this subsection allowing a juror to donate his
2or her juror fees to the Lake County Children's Advocacy
3Center through December 31, 2021.
4    (c) The following information shall be reported to the
5General Assembly and the Governor by the Lake County board
6after each calendar year of the Pilot Program on or before
7March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021:
8        (1) the number of grand and petit jurors who earned
9    fees under Section 4-11001 of this Code during the
10    previous calendar year;
11        (2) the number of grand and petit jurors who donated
12    fees under this Section during the previous calendar year;
13        (3) the amount of donated fees under this Section
14    during the previous calendar year;
15        (4) how the monies donated in the previous calendar
16    year were used by the Lake County Children's Advocacy
17    Center; and
18        (5) how much cost there was incurred by Lake County
19    and the Lake County State's Attorney's office in the
20    previous calendar year in implementing the Pilot Program.
21    (d) This Section is repealed on January 1, 2026 2024.
22(Source: P.A. 101-612, eff. 12-20-19; 102-671, eff. 11-30-21.)
 
23    (55 ILCS 5/5-41065)
24    (Section scheduled to be repealed on January 1, 2024)
25    Sec. 5-41065. Mechanics lien demand and referral

 

 

10300HB1358sam001- 36 -LRB103 05107 AWJ 65229 a

1adjudication.
2    (a) Notwithstanding any other provision in this Division,
3a county's code hearing unit must adjudicate an expired
4mechanics lien referred to the unit under Section 3-5010.8.
5    (b) If a county does not have an administrative law judge
6in its code hearing unit who is familiar with the areas of law
7relating to mechanics liens, one may be appointed no later
8than 3 months after the effective date of this amendatory Act
9of the 100th General Assembly to adjudicate all referrals
10concerning mechanics liens under Section 3-5010.8.
11    (c) If an administrative law judge familiar with the areas
12of law relating to mechanics liens has not been appointed as
13provided subsection (b) when a mechanics lien is referred
14under Section 3-5010.8 to the code hearing unit, the case
15shall be removed to the proper circuit court with
16jurisdiction.
17    (d) This Section is repealed on January 1, 2026 2024.
18(Source: P.A. 102-671, eff. 11-30-21.)
 
19    (55 ILCS 5/5-43043)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 5-43043. Mechanics lien demand and referral
22adjudication.
23    (a) Notwithstanding any other provision in this Division,
24a county's code hearing unit must adjudicate an expired
25mechanics lien referred to the unit under Section 3-5010.8.

 

 

10300HB1358sam001- 37 -LRB103 05107 AWJ 65229 a

1    (b) If a county does not have an administrative law judge
2in its code hearing unit who is familiar with the areas of law
3relating to mechanics liens, one may be appointed no later
4than 3 months after the effective date of this amendatory Act
5of the 100th General Assembly to adjudicate all referrals
6concerning mechanics liens under Section 3-5010.8.
7    (c) If an administrative law judge familiar with the areas
8of law relating to mechanics liens has not been appointed as
9provided subsection (b) when a mechanics lien is referred
10under Section 3-5010.8 to the code hearing unit, the case
11shall be removed to the proper circuit court with
12jurisdiction.
13    (d) This Section is repealed on January 1, 2026 2024.
14(Source: P.A. 102-671, eff. 11-30-21.)
 
15    Section 90. The Emergency Medical Services (EMS) Systems
16Act is amended by changing Section 3.22 as follows:
 
17    (210 ILCS 50/3.22)
18    Sec. 3.22. EMT Training, Recruitment, and Retention Task
19Force.
20    (a) The EMT Training, Recruitment, and Retention Task
21Force is created to address the following:
22        (1) the impact that the EMT and Paramedic shortage is
23    having on this State's EMS System and health care system;
24        (2) barriers to the training, recruitment, and

 

 

10300HB1358sam001- 38 -LRB103 05107 AWJ 65229 a

1    retention of Emergency Medical Technicians throughout this
2    State;
3        (3) steps that the State of Illinois can take,
4    including coordination and identification of State and
5    federal funding sources, to assist Illinois high schools,
6    community colleges, and ground ambulance providers to
7    train, recruit, and retain emergency medical technicians;
8        (4) the examination of current testing mechanisms for
9    EMRs, EMTs, and Paramedics and the utilization of the
10    National Registry of Emergency Medical Technicians,
11    including current pass rates by licensure level, national
12    utilization, and test preparation strategies;
13        (5) how apprenticeship programs, local, regional, and
14    statewide, can be utilized to recruit and retain EMRs,
15    EMTs, and Paramedics;
16        (6) how ground ambulance reimbursement affects the
17    recruitment and retention of EMTs and Paramedics; and
18        (7) all other areas that the Task Force deems
19    necessary to examine and assist in the recruitment and
20    retention of EMTs and Paramedics.
21    (b) The Task Force shall be comprised of the following
22members:
23        (1) one member of the Illinois General Assembly,
24    appointed by the President of the Senate, who shall serve
25    as co-chair;
26        (2) one member of the Illinois General Assembly,

 

 

10300HB1358sam001- 39 -LRB103 05107 AWJ 65229 a

1    appointed by the Speaker of the House of Representatives;
2        (3) one member of the Illinois General Assembly,
3    appointed by the Senate Minority Leader;
4        (4) one member of the Illinois General Assembly,
5    appointed by the House Minority Leader, who shall serve as
6    co-chair;
7        (5) 9 members representing private ground ambulance
8    providers throughout this State representing for-profit
9    and non-profit rural and urban ground ambulance providers,
10    appointed by the President of the Senate;
11        (6) 3 members representing hospitals, appointed by the
12    Speaker of the House of Representatives, with one member
13    representing safety-net safety net hospitals and one
14    member representing rural hospitals;
15        (7) 3 members representing a statewide association of
16    nursing homes, appointed by the President of the Senate;
17        (8) one member representing the State Board of
18    Education, appointed by the House Minority Leader;
19        (9) 2 EMS Medical Directors from a Regional EMS
20    Medical Directors Committee, appointed by the Governor;
21    and
22        (10) one member representing the Illinois Community
23    College Systems, appointed by the Minority Leader of the
24    Senate.
25    (c) Members of the Task Force shall serve without
26compensation.

 

 

10300HB1358sam001- 40 -LRB103 05107 AWJ 65229 a

1    (d) The Task Force shall convene at the call of the
2co-chairs and shall hold at least 6 meetings.
3    (e) The Task Force shall submit its final report to the
4General Assembly and the Governor no later than September 1,
52024 January 1, 2024, and upon the submission of its final
6report, the Task Force shall be dissolved.
7(Source: P.A. 103-547, eff. 8-11-23; revised 10-25-23.)
 
8    Section 95. The Environmental Protection Act is amended by
9changing Section 9.18 as follows:
 
10    (415 ILCS 5/9.18)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 9.18. Commission on market-based carbon pricing
13solutions.
14    (a) In the United States, state-based market policies to
15reduce greenhouse gases have been in operation since 2009.
16More than a quarter of the US population lives in a state with
17carbon pricing and these states represent one-third of the
18United States' gross domestic product. Market-based policies
19have proved effective at reducing emissions in states across
20the United States, and around the world. Additionally,
21well-designed carbon pricing incentivizes energy efficiency
22and drives investments in low-carbon solutions and
23technologies, such as renewables, hydrogen, biofuels, and
24carbon capture, use, and storage. Illinois must assess

 

 

10300HB1358sam001- 41 -LRB103 05107 AWJ 65229 a

1available suites of programs and policies to support a rapid,
2economy-wide decarbonization and spur the development of a
3clean energy economy in the State, while maintaining Illinois'
4competitive advantage.
5    (b) The Governor is hereby authorized to create a carbon
6pricing commission to study the short-term and long-term
7impacts of joining, implementing, or designing a sector-based,
8statewide, or regional carbon pricing program. The commission
9shall analyze and compare the relative cost of, and greenhouse
10gas reductions from, various carbon pricing programs available
11to Illinois and the Midwest, including, but not limited to:
12the Regional Greenhouse Gas Initiative (RGGI), the
13Transportation and Climate Initiative (TCI), California's
14cap-and-trade program, California's low carbon fuel standard,
15Washington State's cap-and-invest program, the Oregon Clean
16Fuels Program, and other relevant market-based programs. At
17the conclusion of the study, no later than December 31, 2022,
18the commission shall issue a public report containing its
19findings.
20    (c) This Section is repealed on January 1, 2025 2024.
21(Source: P.A. 102-662, eff. 9-15-21.)
 
22    Section 100. The Illinois Vehicle Code is amended by
23changing Section 3-692 as follows:
 
24    (625 ILCS 5/3-692)

 

 

10300HB1358sam001- 42 -LRB103 05107 AWJ 65229 a

1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 3-692. Soil and Water Conservation District Plates.
3    (a) In addition to any other special license plate, the
4Secretary, upon receipt of all applicable fees and
5applications made in the form prescribed by the Secretary of
6State, may issue Soil and Water Conservation District license
7plates. The special Soil and Water Conservation District plate
8issued under this Section shall be affixed only to passenger
9vehicles of the first division and motor vehicles of the
10second division weighing not more than 8,000 pounds. Plates
11issued under this Section shall expire according to the
12staggered multi-year procedure established by Section 3-414.1
13of this Code.
14    (b) The design, color, and format of the plates shall be
15wholly within the discretion of the Secretary of State.
16Appropriate documentation, as determined by the Secretary,
17must accompany each application. The Secretary, in his or her
18discretion, shall approve and prescribe stickers or decals as
19provided under Section 3-412.
20    (c) An applicant for the special plate shall be charged a
21$40 fee for original issuance in addition to the appropriate
22registration fee. Of this fee, $25 shall be deposited into the
23Soil and Water Conservation District Fund and $15 shall be
24deposited into the Secretary of State Special License Plate
25Fund, to be used by the Secretary to help defray the
26administrative processing costs. For each registration renewal

 

 

10300HB1358sam001- 43 -LRB103 05107 AWJ 65229 a

1period, a $27 fee, in addition to the appropriate registration
2fee, shall be charged. Of this fee, $25 shall be deposited into
3the Soil and Water Conservation District Fund and $2 shall be
4deposited into the Secretary of State Special License Plate
5Fund.
6    (d) The Soil and Water Conservation District Fund is
7created as a special fund in the State treasury. All money in
8the Soil and Water Conservation District Fund shall be paid,
9subject to appropriation by the General Assembly and
10distribution by the Secretary, as grants to Illinois soil and
11water conservation districts for projects that conserve and
12restore soil and water in Illinois. All interest earned on
13moneys in the Fund shall be deposited into the Fund. The Fund
14shall not be subject to administrative charges or chargebacks,
15such as but not limited to those authorized under Section 8h of
16the State Finance Act.
17    (e) Notwithstanding any other provision of law, on July 1,
182023, or as soon thereafter as practical, the State
19Comptroller shall direct and the State Treasurer shall
20transfer the remaining balance from the Soil and Water
21Conservation District Fund into the Partners for Conservation
22Fund. Upon completion of the transfers, the Soil and Water
23Conservation District Fund is dissolved, and any future
24deposits due to that Fund and any outstanding obligations or
25liabilities of that Fund shall pass to the Partners for
26Conservation Fund.

 

 

10300HB1358sam001- 44 -LRB103 05107 AWJ 65229 a

1    (f) This Section is repealed on January 1, 2025 2024.
2(Source: P.A. 103-8, eff. 6-7-23.)
 
3    Section 105. The Illinois Controlled Substances Act is
4amended by changing Section 311.6 as follows:
 
5    (720 ILCS 570/311.6)
6    (Text of Section before amendment by P.A. 103-425)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 311.6. Opioid prescriptions.
10    (a) Notwithstanding any other provision of law, a
11prescription for a substance classified in Schedule II, III,
12IV, or V must be sent electronically, in accordance with
13Section 316. Prescriptions sent in accordance with this
14subsection (a) must be accepted by the dispenser in electronic
15format.
16    (b) Notwithstanding any other provision of this Section or
17any other provision of law, a prescriber shall not be required
18to issue prescriptions electronically if he or she certifies
19to the Department of Financial and Professional Regulation
20that he or she will not issue more than 25 prescriptions during
21a 12-month period. Prescriptions in both oral and written form
22for controlled substances shall be included in determining
23whether the prescriber will reach the limit of 25
24prescriptions.

 

 

10300HB1358sam001- 45 -LRB103 05107 AWJ 65229 a

1    (c) The Department of Financial and Professional
2Regulation shall adopt rules for the administration of this
3Section. These rules shall provide for the implementation of
4any such exemption to the requirements under this Section that
5the Department of Financial and Professional Regulation may
6deem appropriate, including the exemption provided for in
7subsection (b).
8(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
9102-1109 for effective date of P.A. 102-490).)
 
10    (Text of Section after amendment by P.A. 103-425)
11    (This Section may contain text from a Public Act with a
12delayed effective date)
13    Sec. 311.6. Opioid prescriptions.
14    (a) Notwithstanding any other provision of law, a
15prescription for a substance classified in Schedule II, III,
16IV, or V must be sent electronically, in accordance with
17Section 316. Prescriptions sent in accordance with this
18subsection (a) must be accepted by the dispenser in electronic
19format.
20    (b) Beginning on the effective date of this amendatory Act
21of the 103rd General Assembly until December 31, 2028,
22notwithstanding any other provision of this Section or any
23other provision of law, a prescriber shall not be required to
24issue prescriptions electronically if he or she certifies to
25the Department of Financial and Professional Regulation that

 

 

10300HB1358sam001- 46 -LRB103 05107 AWJ 65229 a

1he or she will not issue more than 150 prescriptions during a
212-month period. Prescriptions in both oral and written form
3for controlled substances shall be included in determining
4whether the prescriber will reach the limit of 150
5prescriptions. Beginning January 1, 2029, notwithstanding any
6other provision of this Section or any other provision of law,
7a prescriber shall not be required to issue prescriptions
8electronically if he or she certifies to the Department of
9Financial and Professional Regulation that he or she will not
10issue more than 50 prescriptions during a 12-month period.
11Prescriptions in both oral and written form for controlled
12substances shall be included in determining whether the
13prescriber will reach the limit of 50 prescriptions.
14    (b-5) Notwithstanding any other provision of this Section
15or any other provision of law, a prescriber shall not be
16required to issue prescriptions electronically under the
17following circumstances:
18        (1) prior to January 1, 2026, the prescriber
19    demonstrates financial difficulties in buying or managing
20    an electronic prescription option, whether it is an
21    electronic health record or some other electronic
22    prescribing product;
23        (2) on and after January 1, 2026, the prescriber
24    provides proof of a waiver from the Centers for Medicare
25    and Medicaid Services for the Electronic Prescribing for
26    Controlled Substances Program due to demonstrated economic

 

 

10300HB1358sam001- 47 -LRB103 05107 AWJ 65229 a

1    hardship for the previous compliance year;
2        (3) there is a temporary technological or electrical
3    failure that prevents an electronic prescription from
4    being issued;
5        (4) the prescription is for a drug that the
6    practitioner reasonably determines would be impractical
7    for the patient to obtain in a timely manner if prescribed
8    by an electronic data transmission prescription and the
9    delay would adversely impact the patient's medical
10    condition;
11        (5) the prescription is for an individual who:
12            (A) resides in a nursing or assisted living
13        facility;
14            (B) is receiving hospice or palliative care;
15            (C) is receiving care at an outpatient renal
16        dialysis facility and the prescription is related to
17        the care provided;
18            (D) is receiving care through the United States
19        Department of Veterans Affairs; or
20            (E) is incarcerated in a state, detained, or
21        confined in a correctional facility;
22        (6) the prescription prescribes a drug under a
23    research protocol;
24        (7) the prescription is a non-patient specific
25    prescription dispensed under a standing order, approved
26    protocol for drug therapy, collaborative drug management,

 

 

10300HB1358sam001- 48 -LRB103 05107 AWJ 65229 a

1    or comprehensive medication management, or in response to
2    a public health emergency or other circumstance in which
3    the practitioner may issue a non-patient specific
4    prescription;
5        (8) the prescription is issued when the prescriber and
6    dispenser are the same entity; or
7        (9) the prescription is issued for a compound
8    prescription containing 2 or more compounds; or .
9        (10) the prescription is issued by a licensed
10    veterinarian within 2 years after the effective date of
11    this amendatory Act of the 103rd General Assembly.
12    (c) The Department of Financial and Professional
13Regulation may adopt rules for the administration of this
14Section to the requirements under this Section that the
15Department of Financial and Professional Regulation may deem
16appropriate.
17    (d) Any prescriber who makes a good faith effort to
18prescribe electronically, but for reasons not within the
19prescriber's control is unable to prescribe electronically,
20may be exempt from any disciplinary action.
21    (e) Any pharmacist who dispenses in good faith based upon
22a valid prescription that is not prescribed electronically may
23be exempt from any disciplinary action. A pharmacist is not
24required to ensure or responsible for ensuring the
25prescriber's compliance under subsection (b), nor may any
26other entity or organization require a pharmacist to ensure

 

 

10300HB1358sam001- 49 -LRB103 05107 AWJ 65229 a

1the prescriber's compliance with that subsection.
2    (f) It shall be a violation of this Section for any
3prescriber or dispenser to adopt a policy contrary to this
4Section.
5(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
6102-1109 for effective date of P.A. 102-490); 103-425, eff.
71-1-24.)
 
8    Section 110. The Common Interest Community Association Act
9is amended by changing Section 1-90 as follows:
 
10    (765 ILCS 160/1-90)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 1-90. Compliance with the Condominium and Common
13Interest Community Ombudsperson Act. Every common interest
14community association, except for those exempt from this Act
15under Section 1-75, must comply with the Condominium and
16Common Interest Community Ombudsperson Act and is subject to
17all provisions of the Condominium and Common Interest
18Community Ombudsperson Act. This Section is repealed January
191, 2026 2024.
20(Source: P.A. 102-921, eff. 5-27-22.)
 
21    Section 115. The Condominium Property Act is amended by
22changing Section 35 as follows:
 

 

 

10300HB1358sam001- 50 -LRB103 05107 AWJ 65229 a

1    (765 ILCS 605/35)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 35. Compliance with the Condominium and Common
4Interest Community Ombudsperson Act. Every unit owners'
5association must comply with the Condominium and Common
6Interest Community Ombudsperson Act and is subject to all
7provisions of the Condominium and Common Interest Community
8Ombudsperson Act. This Section is repealed January 1, 2026
92024.
10(Source: P.A. 102-921, eff. 5-27-22.)
 
11    Section 120. The Condominium and Common Interest Community
12Ombudsperson Act is amended by changing Section 70 as follows:
 
13    (765 ILCS 615/70)
14    (Section scheduled to be repealed on January 1, 2024)
15    Sec. 70. Repeal. This Act is repealed on January 1, 2026
162024.
17(Source: P.A. 102-921, eff. 5-27-22.)
 
18    Section 900. "An Act concerning housing", approved June
1930, 2023, Public Act 103-215, is amended by adding Section 99
20as follows:
 
21    (P.A. 103-215, Sec. 99 new)
22    Sec. 99. Effective date. This Act takes effect April 30,

 

 

10300HB1358sam001- 51 -LRB103 05107 AWJ 65229 a

12024.
 
2    Section 905. "An Act concerning education", approved
3August 11, 2023, Public Act 103-542, is amended by adding
4Section 99 as follows:
 
5    (P.A. 103-542, Sec. 99 new)
6    Section 99. Effective date. This Act takes effect on July
71, 2024.
 
8    Section 950. No acceleration or delay. Where this Act
9makes changes in a statute that is represented in this Act by
10text that is not yet or no longer in effect (for example, a
11Section represented by multiple versions), the use of that
12text does not accelerate or delay the taking effect of (i) the
13changes made by this Act or (ii) provisions derived from any
14other Public Act.
 
15    Section 999. Effective date. This Act takes effect upon
16becoming law.".