| ||||
Public Act 103-0563 | ||||
| ||||
AN ACT concerning State government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Regulatory Sunset Act is amended by | ||||
changing Section 4.35 as follows: | ||||
(5 ILCS 80/4.35) | ||||
Sec. 4.35. Acts Act repealed on January 1, 2025. The | ||||
following Acts are Act is repealed on January 1, 2025: | ||||
The Genetic Counselor Licensing Act. | ||||
The Illinois Certified Shorthand Reporters Act of 1984. | ||||
(Source: P.A. 98-813, eff. 1-1-15 .) | ||||
(5 ILCS 80/4.34 rep.) | ||||
Section 10. The Regulatory Sunset Act is amended by | ||||
repealing Section 4.34. | ||||
Section 15. The Illinois Administrative Procedure Act is | ||||
amended by changing and renumbering Section 5-45.35, as added | ||||
by Public Act 102-1115, as follows: | ||||
(5 ILCS 100/5-45.44) | ||||
(Section scheduled to be repealed on January 9, 2024) | ||||
Sec. 5-45.44 5-45.35 . Emergency rulemaking; Hate Crimes |
and Bias Incident Prevention and Response Fund and Local | ||
Chambers of Commerce Recovery Grants. To provide for the | ||
expeditious and timely implementation of Public Act 102-1115 | ||
this amendatory Act of the 102nd General Assembly , emergency | ||
rules implementing Section 6z-138 of the State Finance Act may | ||
be adopted in accordance with Section 5-45 by the Department | ||
of Human Rights and emergency rules implementing Section | ||
605-1105 of the Department of Commerce and Economic | ||
Opportunity Law of the Civil Administrative Code of Illinois | ||
may be adopted in accordance with Section 5-45 by the | ||
Department of Commerce and Economic Opportunity. The adoption | ||
of emergency rules authorized by Section 5-45 and this Section | ||
is deemed to be necessary for the public interest, safety, and | ||
welfare. | ||
This Section is repealed on March 31, 2024 one year after | ||
the effective date of this amendatory Act of the 102nd General | ||
Assembly . | ||
(Source: P.A. 102-1115, eff. 1-9-23; revised 9-27-23.) | ||
Section 20. The Election Code is amended by changing | ||
Section 1-23 as follows: | ||
(10 ILCS 5/1-23) | ||
(Section scheduled to be repealed on June 1, 2024) | ||
Sec. 1-23. Ranked-Choice and Voting Systems Task Force. | ||
(a) The Ranked-Choice and Voting Systems Task Force is |
created. The purpose of the Task Force is to review voting | ||
systems and the methods of voting, including ranked-choice | ||
voting, that could be authorized by law. The Task Force shall | ||
have the following duties: | ||
(1) Engage election officials, interested groups, and | ||
members of the public for the purpose of assessing the | ||
adoption and implementation of ranked-choice voting in | ||
presidential primary elections beginning in 2028. | ||
(2) Review standards used to certify or approve the | ||
use of a voting system, including the standards adopted by | ||
the U.S. Election Assistance Commission and the State | ||
Board of Elections. | ||
(3) Advise whether the voting system used by Illinois | ||
election authorities would be able to accommodate | ||
alternative methods of voting, including, but not limited | ||
to, ranked-choice voting. | ||
(4) Make recommendations or suggestions for changes to | ||
the Election Code or administrative rules for | ||
certification of voting systems in Illinois to accommodate | ||
alternative methods of voting, including ranked-choice | ||
voting. | ||
(b) On or before June 30, 2025 March 1, 2024 , the Task | ||
Force shall publish a final report of its findings and | ||
recommendations. The report shall, at a minimum, detail | ||
findings and recommendations related to the duties of the Task | ||
Force and the following: |
(1) the process used in Illinois to certify voting | ||
systems, including which systems can conduct ranked-choice | ||
voting; and | ||
(2) information about the voting system used by | ||
election authorities, including which election authorities | ||
rely on legacy hardware and software for voting and which | ||
counties and election authorities rely on equipment for | ||
voting that has not exceeded its usable life span but | ||
require a software upgrade to accommodate ranked-choice | ||
voting. In this paragraph, "legacy hardware and software" | ||
means equipment that has exceeded its usable life span. | ||
(c) The Task Force shall consist of the following members: | ||
(1) 4 members, appointed by the Senate President, | ||
including 2 members of the Senate and 2 members of the | ||
public; | ||
(2) 4 members, appointed by the Speaker of the House | ||
of Representatives, including 2 members of the House of | ||
Representatives and 2 members of the public; | ||
(3) 4 members, appointed by the Minority Leader of the | ||
Senate, including 2 members of the Senate and 2 members of | ||
the public; | ||
(4) 4 members, appointed by the Minority Leader of the | ||
House of Representatives, including 2 members of the House | ||
of Representatives and 2 members of the public; | ||
(5) 4 members, appointed by the Governor, including at | ||
least 2 members with knowledge and experience |
administering elections. | ||
(d) Appointments to the Task Force shall be made within 30 | ||
days after the effective date of this amendatory Act of the | ||
103rd General Assembly. Members shall serve without | ||
compensation. | ||
(e) The Task Force shall meet at the call of a co-chair at | ||
least quarterly to fulfill its duties. At the first meeting of | ||
the Task Force, the Task Force shall elect one co-chair from | ||
the members appointed by the Senate President and one co-chair | ||
from the members appointed by the Speaker of the House of | ||
Representatives. | ||
(f) The State Board of Elections shall provide | ||
administrative support for the Task Force. | ||
(g) This Section is repealed, and the Task Force is | ||
dissolved, on July 1, 2025 June 1, 2024 . | ||
(Source: P.A. 103-467, eff. 8-4-23.) | ||
Section 25. The Department of Commerce and Economic | ||
Opportunity Law of the Civil Administrative Code of Illinois | ||
is amended by changing Section 605-1080 as follows: | ||
(20 ILCS 605/605-1080) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 605-1080. Personal care products industry supplier | ||
disparity study. | ||
(a) The Department shall compile and publish a disparity |
study by December 31, 2022 that: (1) evaluates whether there | ||
exists intentional discrimination at the supplier or | ||
distribution level for retailers of beauty products, | ||
cosmetics, hair care supplies, and personal care products in | ||
the State of Illinois; and (2) if so, evaluates the impact of | ||
such discrimination on the State and includes recommendations | ||
for reducing or eliminating any barriers to entry to those | ||
wishing to establish businesses at the retail level involving | ||
such products. The Department shall forward a copy of its | ||
findings and recommendations to the General Assembly and | ||
Governor. | ||
(b) The Department may compile, collect, or otherwise | ||
gather data necessary for the administration of this Section | ||
and to carry out the Department's duty relating to the | ||
recommendation of policy changes. The Department shall compile | ||
all of the data into a single report, submit the report to the | ||
Governor and the General Assembly, and publish the report on | ||
its website. | ||
(c) This Section is repealed on January 1, 2026 2024 . | ||
(Source: P.A. 101-658, eff. 3-23-21; 102-813, eff. 5-13-22.) | ||
Section 30. The Electric Vehicle Act is amended by | ||
changing Section 60 as follows: | ||
(20 ILCS 627/60) | ||
(Section scheduled to be repealed on January 1, 2024) |
Sec. 60. Study on loss of infrastructure funds and | ||
replacement options. The Illinois Department of Transportation | ||
shall conduct a study to be delivered to the members of the | ||
Illinois General Assembly and made available to the public no | ||
later than September 30, 2022. The study shall consider how | ||
the proliferation of electric vehicles will adversely affect | ||
resources needed for transportation infrastructure and take | ||
into consideration any relevant federal actions. The study | ||
shall identify the potential revenue loss and offer multiple | ||
options for replacing those lost revenues. The Illinois | ||
Department of Transportation shall collaborate with | ||
organizations representing businesses involved in designing | ||
and building transportation infrastructure, organized labor, | ||
the general business community, and users of the system. In | ||
addition, the Illinois Department of Transportation may | ||
collaborate with other state agencies, including but not | ||
limited to the Illinois Secretary of State and the Illinois | ||
Department of Revenue. | ||
This Section is repealed on January 1, 2025 2024 . | ||
(Source: P.A. 102-662, eff. 9-15-21; 102-673, eff. 11-30-21.) | ||
Section 35. The Department of Transportation Law of the | ||
Civil Administrative Code of Illinois is amended by changing | ||
Section 2705-620 as follows: | ||
(20 ILCS 2705/2705-620) |
(Section scheduled to be repealed on December 31, 2023) | ||
Sec. 2705-620. Bond Reform in the Construction Industry | ||
Task Force. | ||
(a) There is created the Bond Reform in the Construction | ||
Industry Task Force consisting of the following members: | ||
(1) the Governor, or his or her designee; | ||
(2) the State Treasurer, or his or her designee; | ||
(3) the Director of Insurance, or his or her designee; | ||
(4) 2 members appointed by the Speaker of the House of | ||
Representatives; | ||
(5) 2 members appointed by the Minority Leader of the | ||
House of Representatives; | ||
(6) 2 members appointed by the President of the | ||
Senate; | ||
(7) 2 members appointed by the Minority Leader of the | ||
Senate; and | ||
(8) 7 members representing the construction industry | ||
appointed by the Governor. | ||
The Department of Transportation shall provide | ||
administrative support to the Task Force. | ||
(b) The Task Force shall study innovative ways to reduce | ||
the cost of insurance in the private and public construction | ||
industry while protecting owners from risk of nonperformance. | ||
The Task Force shall consider options that include, but are | ||
not limited to, owner-financed insurance instead of | ||
contractor-financed insurance and alternative ways to manage |
risk other than bonds or other insurance products. | ||
(c) The Task Force shall report its findings and | ||
recommendations to the General Assembly no later than July 1, | ||
2024 March 1, 2023 . | ||
(d) This Section is repealed December 31, 2024 2023 . | ||
(Source: P.A. 102-1065, eff. 6-10-22.) | ||
Section 40. The Illinois Power Agency Act is amended by | ||
changing Section 1-130 as follows: | ||
(20 ILCS 3855/1-130) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 1-130. Home rule preemption. | ||
(a) The authorization to impose any new taxes or fees | ||
specifically related to the generation of electricity by, the | ||
capacity to generate electricity by, or the emissions into the | ||
atmosphere by electric generating facilities after the | ||
effective date of this Act is an exclusive power and function | ||
of the State. A home rule unit may not levy any new taxes or | ||
fees specifically related to the generation of electricity by, | ||
the capacity to generate electricity by, or the emissions into | ||
the atmosphere by electric generating facilities after the | ||
effective date of this Act. This Section is a denial and | ||
limitation on home rule powers and functions under subsection | ||
(g) of Section 6 of Article VII of the Illinois Constitution. | ||
(b) This Section is repealed on January 1, 2025 2024 . |
(Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21; | ||
102-1109, eff. 12-21-22.) | ||
Section 45. The Crime Reduction Task Force Act is amended | ||
by changing Sections 1-15 and 1-20 as follows: | ||
(20 ILCS 3926/1-15) | ||
(Section scheduled to be repealed on March 1, 2024) | ||
Sec. 1-15. Meetings; report. | ||
(a) The Task Force shall meet at least 4 times with the | ||
first meeting occurring within 60 days after the effective | ||
date of this Act. | ||
(b) The Task Force shall review available research and | ||
best practices and take expert and witness testimony. | ||
(c) The Task Force shall produce and submit a report | ||
detailing the Task Force's findings, recommendations, and | ||
needed resources to the General Assembly and the Governor on | ||
or before June 30, 2024 March 1, 2023 . | ||
(Source: P.A. 102-756, eff. 5-10-22.) | ||
(20 ILCS 3926/1-20) | ||
(Section scheduled to be repealed on March 1, 2024) | ||
Sec. 1-20. Repeal. This Act is repealed on January 1, 2025 | ||
March 1, 2024 . | ||
(Source: P.A. 102-756, eff. 5-10-22.) |
Section 50. The Racial Disproportionality in Child Welfare | ||
Task Force Act is amended by changing Section 30 as follows: | ||
(20 ILCS 4105/30) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 30. Repeal. The Task Force is dissolved, and this Act | ||
is repealed on, June 30, 2024 January 1, 2024 . | ||
(Source: P.A. 102-506, eff. 8-20-21.) | ||
Section 55. The Blue-Ribbon Commission on Transportation | ||
Infrastructure Funding and Policy Act is amended by changing | ||
Sections 25 and 30 as follows: | ||
(20 ILCS 4116/25) | ||
(Section scheduled to be repealed on February 1, 2024) | ||
Sec. 25. Report. The Commission shall direct the Illinois | ||
Department of Transportation to enter into a contract with a | ||
third party to assist the Commission in producing a document | ||
that evaluates the topics under this Act and outline formal | ||
recommendations that can be acted upon by the General | ||
Assembly. The Commission shall report a summary of its | ||
activities and produce a final report of the data, findings, | ||
and recommendations to the General Assembly by July 1, 2025 | ||
January 1, 2024 . The final report shall include specific, | ||
actionable recommendations for legislation and organizational | ||
adjustments. The final report may include recommendations for |
pilot programs to test alternatives. The final report and | ||
recommendations shall also include any minority and individual | ||
views of task force members. | ||
(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; | ||
reenacted by P.A. 103-461, eff. 8-4-23.) | ||
(20 ILCS 4116/30) | ||
(Section scheduled to be repealed on February 1, 2024) | ||
Sec. 30. Repeal. This Commission is dissolved, and this | ||
Act is repealed, on August 1, 2025 February 1, 2024 . | ||
(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; | ||
reenacted by P.A. 103-461, eff. 8-4-23.) | ||
Section 60. The Comprehensive Licensing Information to | ||
Minimize Barriers Task Force Act is amended by changing | ||
Section 20 as follows: | ||
(20 ILCS 4121/20) | ||
(Section scheduled to be repealed on December 1, 2024) | ||
Sec. 20. Report. | ||
(a) The Task Force shall conduct an analysis of | ||
occupational licensing, including, but not limited to, | ||
processes, procedures, and statutory requirements for | ||
licensure administered by the Department. The findings of this | ||
analysis shall be delivered to the General Assembly, the | ||
Office of Management and Budget, the Department, and the |
public in the form of a final report. For the purpose of | ||
ensuring that historically and economically disadvantaged | ||
populations are centered in this analysis, the Task Force | ||
shall identify low-income and middle-income licensed | ||
occupations in this State and aggregate the information from | ||
those occupations under the occupations' respective regulatory | ||
board overseen by the Department to form the basis of the | ||
report. | ||
(b) The report shall contain, to the extent available, | ||
information collected from sources including, but not limited | ||
to, the Department, department licensure boards, other State | ||
boards, relevant departments, or other bodies of the State, | ||
and supplementary data including, but not limited to, census | ||
statistics, federal reporting, or published research as | ||
follows: | ||
(1) the number of license applications submitted | ||
compared with the number of licenses issued; | ||
(2) data concerning the reason why licenses were | ||
denied or revoked and a ranking of the most common reasons | ||
for denial or revocation; | ||
(3) an analysis of the information required of license | ||
applicants by the Department compared with the information | ||
that the Department is required by statute to verify, to | ||
ascertain if applicants are required to submit superfluous | ||
information; | ||
(4) demographic information for the last 5 years of |
(i) active license holders, (ii) license holders who were | ||
disciplined in that period, (iii) license holders whose | ||
licenses were revoked in that period, and (iv) license | ||
applicants who were not issued licenses; | ||
(5) data aggregated from the last 5 years of monthly | ||
enforcement reports, including a ranking of the most | ||
common reasons for public discipline; | ||
(6) the cost of licensure to the individual, | ||
including, but not limited to, the fees for initial | ||
licensure and renewal, the average cost of training and | ||
testing required for initial licensure, and the average | ||
cost of meeting continuing education requirements for | ||
license renewal; | ||
(7) the locations within this State of each program or | ||
school that provides the required training and testing | ||
needed to obtain or renew a license, and whether the | ||
required training and testing can be fulfilled online; | ||
(8) the languages in which the required training or | ||
testing is offered; | ||
(9) the acceptance rates, graduation rates, and | ||
dropout rates of the training facilities that provide | ||
required training; | ||
(10) the percentage of students at each school that | ||
offers required training who financed the required | ||
training through student loans; and | ||
(11) the average annual salary of those in the |
occupation. | ||
(c) The final report shall also contain a general | ||
description of the steps taken by the Task Force to fulfill the | ||
report criteria and shall include in an appendix of the report | ||
any results of the Task Force's analysis in the form of graphs, | ||
charts, or other data visualizations. The Task Force shall | ||
also exercise due care in the reporting of this information to | ||
protect sensitive information of personal or proprietary value | ||
or information that would risk the security of residents of | ||
this State. | ||
(d) The Task Force shall publish the final report by | ||
December 1, 2024 2023 with recommendations to the General | ||
Assembly, including recommendations for continued required | ||
reporting from the Department to better support the General | ||
Assembly in revoking, modifying, or creating new licensing | ||
Acts. | ||
(Source: P.A. 102-1078, eff. 6-10-22.) | ||
Section 65. The Money Laundering in Real Estate Task Force | ||
Act is amended by changing Section 5-15 as follows: | ||
(20 ILCS 4123/5-15) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 5-15. Reports. The Task Force shall submit a report | ||
to the Governor and the General Assembly not later than 24 12 | ||
months after the effective date of this Act. The report shall |
include the Task Force's findings and shall summarize the | ||
actions the Task Force has taken and those it intends to take | ||
in response to its obligations under the Act. After it submits | ||
its initial report, the Task Force shall periodically submit | ||
reports to the Governor and the General Assembly as the | ||
chairperson of the Task Force deems necessary to apprise those | ||
officials of any additional findings made or actions taken by | ||
the Task Force. The obligation of the Task Force to submit | ||
periodic reports shall continue for the duration of the Task | ||
Force. | ||
(Source: P.A. 102-1108, eff. 12-21-22.) | ||
Section 70. The Human Trafficking Task Force Act is | ||
amended by changing Section 25 as follows: | ||
(20 ILCS 5086/25) | ||
(Section scheduled to be repealed on July 1, 2024) | ||
Sec. 25. Task force abolished; Act repealed. The Human | ||
Trafficking Task Force is abolished and this Act is repealed | ||
on July 1, 2025 2024 . | ||
(Source: P.A. 102-323, eff. 8-6-21.) | ||
Section 75. The Kidney Disease Prevention and Education | ||
Task Force Act is amended by changing Section 10-15 as | ||
follows: |
(20 ILCS 5160/10-15) | ||
(Section scheduled to be repealed on June 1, 2024) | ||
Sec. 10-15. Repeal. This Act is repealed on June 1, 2026 | ||
2024 . | ||
(Source: P.A. 101-649, eff. 7-7-20; 102-671, eff. 11-30-21.) | ||
Section 80. The Business Enterprise for Minorities, Women, | ||
and Persons with Disabilities Act is amended by changing | ||
Section 9 as follows: | ||
(30 ILCS 575/9) (from Ch. 127, par. 132.609) | ||
(Section scheduled to be repealed on June 30, 2024) | ||
Sec. 9. This Act is repealed June 30, 2029 2024 . | ||
(Source: P.A. 101-170, eff. 1-1-20 .) | ||
Section 83. The Emergency Telephone System Act is amended | ||
by changing Section 3 as follows: | ||
(50 ILCS 750/3) (from Ch. 134, par. 33) | ||
(Text of Section before amendment by P.A. 103-366 ) | ||
(Section scheduled to be repealed on December 31, 2025) | ||
Sec. 3. (a) By July 1, 2017, every local public agency | ||
shall be within the jurisdiction of a 9-1-1 system. | ||
(b) Within 18 months of the awarding of a contract to a | ||
vendor certified under Section 13-900 of the Public Utilities | ||
Act to provide Next Generation 9-1-1 service, every 9-1-1 |
system in Illinois, except in a municipality with a population | ||
over 500,000, shall provide Next Generation 9-1-1 service. A | ||
municipality with a population over 500,000 shall provide Next | ||
Generation 9-1-1 service by January 1, 2026 December 31, 2023 . | ||
(c) Nothing in this Act shall be construed to prohibit or | ||
discourage in any way the formation of multijurisdictional or | ||
regional systems, and any system established pursuant to this | ||
Act may include the territory of more than one public agency or | ||
may include a segment of the territory of a public agency. | ||
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.) | ||
(Text of Section after amendment by P.A. 103-366 ) | ||
(Section scheduled to be repealed on December 31, 2025) | ||
Sec. 3. (a) By July 1, 2017, every local public agency | ||
shall be within the jurisdiction of a 9-1-1 system. | ||
(b) Within 36 months of the awarding of a contract to a | ||
vendor certified under Section 13-900 of the Public Utilities | ||
Act to provide Next Generation 9-1-1 service, every 9-1-1 | ||
system in Illinois, except in a municipality with a population | ||
over 500,000, shall provide Next Generation 9-1-1 service. A | ||
municipality with a population over 500,000 shall provide Next | ||
Generation 9-1-1 service by January 1, 2026 July 1, 2024 . | ||
(c) Nothing in this Act shall be construed to prohibit or | ||
discourage in any way the formation of multijurisdictional or | ||
regional systems, and any system established pursuant to this | ||
Act may include the territory of more than one public agency or |
may include a segment of the territory of a public agency. | ||
(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.) | ||
Section 85. The Counties Code is amended by changing | ||
Sections 3-5010.8, 4-11001.5, 5-41065, and 5-43043 as follows: | ||
(55 ILCS 5/3-5010.8) | ||
(Text of Section before amendment by P.A. 103-400 ) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 3-5010.8. Mechanics lien demand and referral pilot | ||
program. | ||
(a) Legislative findings. The General Assembly finds that | ||
expired mechanics liens on residential property, which cloud | ||
title to property, are a rapidly growing problem throughout | ||
the State. In order to address the increase in expired | ||
mechanics liens and, more specifically, those that have not | ||
been released by the lienholder, a recorder may establish a | ||
process to demand and refer mechanics liens that have been | ||
recorded but not litigated or released in accordance with the | ||
Mechanics Lien Act to an administrative law judge for | ||
resolution or demand that the lienholder commence suit or | ||
forfeit the lien. | ||
(b) Definitions. As used in this Section: | ||
"Demand to Commence Suit" means the written demand | ||
specified in Section 34 of the Mechanics Lien Act. | ||
"Mechanics lien" and "lien" are used interchangeably in |
this Section. | ||
"Notice of Expired Mechanics Lien" means the notice a | ||
recorder gives to a property owner under subsection (d) | ||
informing the property owner of an expired lien. | ||
"Notice of Referral" means the document referring a | ||
mechanics lien to a county's code hearing unit. | ||
"Recording" and "filing" are used interchangeably in this | ||
Section. | ||
"Referral" or "refer" means a recorder's referral of a | ||
mechanics lien to a county's code hearing unit to obtain a | ||
determination as to whether a recorded mechanics lien is | ||
valid. | ||
"Residential property" means real property improved with | ||
not less than one nor more than 4 residential dwelling units; a | ||
residential condominium unit, including, but not limited to, | ||
the common elements allocated to the exclusive use of the | ||
condominium unit that form an integral part of the condominium | ||
unit and any parking unit or units specified by the | ||
declaration to be allocated to a specific residential | ||
condominium unit; or a single tract of agriculture real estate | ||
consisting of 40 acres or less that is improved with a | ||
single-family residence. If a declaration of condominium | ||
ownership provides for individually owned and transferable | ||
parking units, "residential property" does not include the | ||
parking unit of a specified residential condominium unit | ||
unless the parking unit is included in the legal description |
of the property against which the mechanics lien is recorded. | ||
(c) Establishment of a mechanics lien demand and referral | ||
process. After a public hearing, a recorder in a county with a | ||
code hearing unit may adopt rules establishing a mechanics | ||
lien demand and referral process for residential property. A | ||
recorder shall provide public notice 90 days before the public | ||
hearing. The notice shall include a statement of the | ||
recorder's intent to create a mechanics lien demand and | ||
referral process and shall be published in a newspaper of | ||
general circulation in the county and, if feasible, be posted | ||
on the recorder's website and at the recorder's office or | ||
offices. | ||
(d) Notice of Expired Lien. If a recorder determines, | ||
after review by legal staff or counsel, that a mechanics lien | ||
recorded in the grantor's index or the grantee's index is an | ||
expired lien, the recorder shall serve a Notice of Expired | ||
Lien by certified mail to the last known address of the owner. | ||
The owner or legal representative of the owner of the | ||
residential property shall confirm in writing his or her | ||
belief that the lien is not involved in pending litigation | ||
and, if there is no pending litigation, as verified and | ||
confirmed by county court records, the owner may request that | ||
the recorder proceed with a referral or serve a Demand to | ||
Commence Suit. | ||
For the purposes of this Section, a recorder shall | ||
determine if a lien is an expired lien. A lien is expired if a |
suit to enforce the lien has not been commenced or a | ||
counterclaim has not been filed by the lienholder within 2 | ||
years after the completion date of the contract as specified | ||
in the recorded mechanics lien. The 2-year period shall be | ||
increased to the extent that an automatic stay under Section | ||
362(a) of the United States Bankruptcy Code stays a suit or | ||
counterclaim to foreclose the lien. If a work completion date | ||
is not specified in the recorded lien, then the work | ||
completion date is the date of recording of the mechanics | ||
lien. | ||
(e) Demand to Commence Suit. Upon receipt of an owner's | ||
confirmation that the lien is not involved in pending | ||
litigation and a request for the recorder to serve a Demand to | ||
Commence Suit, the recorder shall serve a Demand to Commence | ||
Suit on the lienholder of the expired lien as provided in | ||
Section 34 of the Mechanics Lien Act. A recorder may request | ||
that the Secretary of State assist in providing registered | ||
agent information or obtain information from the Secretary of | ||
State's registered business database when the recorder seeks | ||
to serve a Demand to Commence suit on the lienholder. Upon | ||
request, the Secretary of State, or his or her designee, shall | ||
provide the last known address or registered agent information | ||
for a lienholder who is incorporated or doing business in the | ||
State. The recorder must record a copy of the Demand to | ||
Commence suit in the grantor's index or the grantee's index | ||
identifying the mechanics lien and include the corresponding |
document number and the date of demand. The recorder may, at | ||
his or her discretion, notify the Secretary of State regarding | ||
a Demand to Commence suit determined to involve a company, | ||
corporation, or business registered with that office. | ||
When the lienholder commences a suit or files an answer | ||
within 30 days or the lienholder records a release of lien with | ||
the county recorder as required by subsection (a) of Section | ||
34 of the Mechanics Lien Act, then the demand and referral | ||
process is completed for the recorder for that property. If | ||
service under this Section is responded to consistent with | ||
Section 34 of the Mechanics Lien Act, the recorder may not | ||
proceed under subsection (f). If no response is received | ||
consistent with Section 34 of the Mechanics Lien Act, the | ||
recorder may proceed under subsection (f). | ||
(f) Referral. Upon receipt of an owner's confirmation that | ||
the lien is not involved in pending litigation and a request | ||
for the recorder to proceed with a referral, the recorder | ||
shall: (i) file the Notice of Referral with the county's code | ||
hearing unit; (ii) identify and notify the lienholder by | ||
telephone, if available, of the referral and send a copy of the | ||
Notice of Referral by certified mail to the lienholder using | ||
information included in the recorded mechanics lien or the | ||
last known address or registered agent received from the | ||
Secretary of State or obtained from the Secretary of State's | ||
registered business database; (iii) send a copy of the Notice | ||
of Referral by mail to the physical address of the property |
owner associated with the lien; and (iv) record a copy of the | ||
Notice of Referral in the grantor's index or the grantee's | ||
index identifying the mechanics lien and include the | ||
corresponding document number. The Notice of Referral shall | ||
clearly identify the person, persons, or entity believed to be | ||
the owner, assignee, successor, or beneficiary of the lien. | ||
The recorder may, at his or her discretion, notify the | ||
Secretary of State regarding a referral determined to involve | ||
a company, corporation, or business registered with that | ||
office. | ||
No earlier than 30 business days after the date the | ||
lienholder is required to respond to a Demand to Commence Suit | ||
under Section 34 of the Mechanics Lien Act, the code hearing | ||
unit shall schedule a hearing to occur at least 30 days after | ||
sending notice of the date of hearing. Notice of the hearing | ||
shall be provided by the county recorder, by and through his or | ||
her representative, to the filer, or the party represented by | ||
the filer, of the expired lien, the legal representative of | ||
the recorder of deeds who referred the case, and the last owner | ||
of record, as identified in the Notice of Referral. | ||
If the recorder shows by clear and convincing evidence | ||
that the lien in question is an expired lien, the | ||
administrative law judge shall rule the lien is forfeited | ||
under Section 34.5 of the Mechanics Lien Act and that the lien | ||
no longer affects the chain of title of the property in any | ||
way. The judgment shall be forwarded to all parties identified |
in this subsection. Upon receiving judgment of a forfeited | ||
lien, the recorder shall, within 5 business days, record a | ||
copy of the judgment in the grantor's index or the grantee's | ||
index. | ||
If the administrative law judge finds the lien is not | ||
expired, the recorder shall, no later than 5 business days | ||
after receiving notice of the decision of the administrative | ||
law judge, record a copy of the judgment in the grantor's index | ||
or the grantee's index. | ||
A decision by an administrative law judge is reviewable | ||
under the Administrative Review Law, and nothing in this | ||
Section precludes a property owner or lienholder from | ||
proceeding with a civil action to resolve questions concerning | ||
a mechanics lien. | ||
A lienholder or property owner may remove the action from | ||
the code hearing unit to the circuit court as provided in | ||
subsection (i). | ||
(g) Final administrative decision. The recorder's decision | ||
to refer a mechanics lien or serve a Demand to Commence Suit is | ||
a final administrative decision that is subject to review | ||
under the Administrative Review Law by the circuit court of | ||
the county where the real property is located. The standard of | ||
review by the circuit court shall be consistent with the | ||
Administrative Review Law. | ||
(h) Liability. A recorder and his or her employees or | ||
agents are not subject to personal liability by reason of any |
error or omission in the performance of any duty under this | ||
Section, except in the case of willful or wanton conduct. The | ||
recorder and his or her employees or agents are not liable for | ||
the decision to refer a lien or serve a Demand to Commence | ||
Suit, or failure to refer or serve a Demand to Commence Suit, | ||
of a lien under this Section. | ||
(i) Private actions; use of demand and referral process. | ||
Nothing in this Section precludes a private right of action by | ||
any party with an interest in the property affected by the | ||
mechanics lien or a decision by the code hearing unit. Nothing | ||
in this Section requires a person or entity who may have a | ||
mechanics lien recorded against his or her property to use the | ||
mechanics lien demand and referral process created by this | ||
Section. | ||
A lienholder or property owner may remove a matter in the | ||
referral process to the circuit court at any time prior to the | ||
final decision of the administrative law judge by delivering a | ||
certified notice of the suit filed in the circuit court to the | ||
administrative law judge. Upon receipt of the certified | ||
notice, the administrative law judge shall dismiss the matter | ||
without prejudice. If the matter is dismissed due to removal, | ||
then the demand and referral process is completed for the | ||
recorder for that property. If the circuit court dismisses the | ||
removed matter without deciding on whether the lien is expired | ||
and without prejudice, the recorder may reinstitute the demand | ||
and referral process under subsection (d). |
(j) Repeal. This Section is repealed on January 1, 2026 | ||
2024 . | ||
(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.) | ||
(Text of Section after amendment by P.A. 103-400 ) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 3-5010.8. Mechanics lien demand and referral pilot | ||
program. | ||
(a) Legislative findings. The General Assembly finds that | ||
expired mechanics liens on residential property, which cloud | ||
title to property, are a rapidly growing problem throughout | ||
the State. In order to address the increase in expired | ||
mechanics liens and, more specifically, those that have not | ||
been released by the lienholder, a recorder may establish a | ||
process to demand and refer mechanics liens that have been | ||
recorded but not litigated or released in accordance with the | ||
Mechanics Lien Act to an administrative law judge for | ||
resolution or demand that the lienholder commence suit or | ||
forfeit the lien. | ||
(b) Definitions. As used in this Section: | ||
"Demand to Commence Suit" means the written demand | ||
specified in Section 34 of the Mechanics Lien Act. | ||
"Mechanics lien" and "lien" are used interchangeably in | ||
this Section. | ||
"Notice of Expired Mechanics Lien" means the notice a | ||
recorder gives to a property owner under subsection (d) |
informing the property owner of an expired lien. | ||
"Notice of Referral" means the document referring a | ||
mechanics lien to a county's code hearing unit. | ||
"Recording" and "filing" are used interchangeably in this | ||
Section. | ||
"Referral" or "refer" means a recorder's referral of a | ||
mechanics lien to a county's code hearing unit to obtain a | ||
determination as to whether a recorded mechanics lien is | ||
valid. | ||
"Residential property" means real property improved with | ||
not less than one nor more than 4 residential dwelling units; a | ||
residential condominium unit, including, but not limited to, | ||
the common elements allocated to the exclusive use of the | ||
condominium unit that form an integral part of the condominium | ||
unit and any parking unit or units specified by the | ||
declaration to be allocated to a specific residential | ||
condominium unit; or a single tract of agriculture real estate | ||
consisting of 40 acres or less that is improved with a | ||
single-family residence. If a declaration of condominium | ||
ownership provides for individually owned and transferable | ||
parking units, "residential property" does not include the | ||
parking unit of a specified residential condominium unit | ||
unless the parking unit is included in the legal description | ||
of the property against which the mechanics lien is recorded. | ||
(c) Establishment of a mechanics lien demand and referral | ||
process. After a public hearing, a recorder in a county with a |
code hearing unit may adopt rules establishing a mechanics | ||
lien demand and referral process for residential property. A | ||
recorder shall provide public notice 90 days before the public | ||
hearing. The notice shall include a statement of the | ||
recorder's intent to create a mechanics lien demand and | ||
referral process and shall be published in a newspaper of | ||
general circulation in the county and, if feasible, be posted | ||
on the recorder's website and at the recorder's office or | ||
offices. | ||
(d) Notice of Expired Lien. If a recorder determines, | ||
after review by legal staff or counsel, that a mechanics lien | ||
recorded in the grantor's index or the grantee's index is an | ||
expired lien, the recorder shall serve a Notice of Expired | ||
Lien by certified mail to the last known address of the owner. | ||
The owner or legal representative of the owner of the | ||
residential property shall confirm in writing the owner's or | ||
legal representative's belief that the lien is not involved in | ||
pending litigation and, if there is no pending litigation, as | ||
verified and confirmed by county court records, the owner may | ||
request that the recorder proceed with a referral or serve a | ||
Demand to Commence Suit. | ||
For the purposes of this Section, a recorder shall | ||
determine if a lien is an expired lien. A lien is expired if a | ||
suit to enforce the lien has not been commenced or a | ||
counterclaim has not been filed by the lienholder within 2 | ||
years after the completion date of the contract as specified |
in the recorded mechanics lien. The 2-year period shall be | ||
increased to the extent that an automatic stay under Section | ||
362(a) of the United States Bankruptcy Code stays a suit or | ||
counterclaim to foreclose the lien. If a work completion date | ||
is not specified in the recorded lien, then the work | ||
completion date is the date of recording of the mechanics | ||
lien. | ||
(e) Demand to Commence Suit. Upon receipt of an owner's | ||
confirmation that the lien is not involved in pending | ||
litigation and a request for the recorder to serve a Demand to | ||
Commence Suit, the recorder shall serve a Demand to Commence | ||
Suit on the lienholder of the expired lien as provided in | ||
Section 34 of the Mechanics Lien Act. A recorder may request | ||
that the Secretary of State assist in providing registered | ||
agent information or obtain information from the Secretary of | ||
State's registered business database when the recorder seeks | ||
to serve a Demand to Commence suit on the lienholder. Upon | ||
request, the Secretary of State, or the Secretary of State's | ||
designee, shall provide the last known address or registered | ||
agent information for a lienholder who is incorporated or | ||
doing business in the State. The recorder must record a copy of | ||
the Demand to Commence suit in the grantor's index or the | ||
grantee's index identifying the mechanics lien and include the | ||
corresponding document number and the date of demand. The | ||
recorder may, at the recorder's discretion, notify the | ||
Secretary of State regarding a Demand to Commence suit |
determined to involve a company, corporation, or business | ||
registered with that office. | ||
When the lienholder commences a suit or files an answer | ||
within 30 days or the lienholder records a release of lien with | ||
the county recorder as required by subsection (a) of Section | ||
34 of the Mechanics Lien Act, then the demand and referral | ||
process is completed for the recorder for that property. If | ||
service under this Section is responded to consistent with | ||
Section 34 of the Mechanics Lien Act, the recorder may not | ||
proceed under subsection (f). If no response is received | ||
consistent with Section 34 of the Mechanics Lien Act, the | ||
recorder may proceed under subsection (f). | ||
(f) Referral. Upon receipt of an owner's confirmation that | ||
the lien is not involved in pending litigation and a request | ||
for the recorder to proceed with a referral, the recorder | ||
shall: (i) file the Notice of Referral with the county's code | ||
hearing unit; (ii) identify and notify the lienholder by | ||
telephone, if available, of the referral and send a copy of the | ||
Notice of Referral by certified mail to the lienholder using | ||
information included in the recorded mechanics lien or the | ||
last known address or registered agent received from the | ||
Secretary of State or obtained from the Secretary of State's | ||
registered business database; (iii) send a copy of the Notice | ||
of Referral by mail to the physical address of the property | ||
owner associated with the lien; and (iv) record a copy of the | ||
Notice of Referral in the grantor's index or the grantee's |
index identifying the mechanics lien and include the | ||
corresponding document number. The Notice of Referral shall | ||
clearly identify the person, persons, or entity believed to be | ||
the owner, assignee, successor, or beneficiary of the lien. | ||
The recorder may, at the recorder's discretion, notify the | ||
Secretary of State regarding a referral determined to involve | ||
a company, corporation, or business registered with that | ||
office. | ||
No earlier than 30 business days after the date the | ||
lienholder is required to respond to a Demand to Commence Suit | ||
under Section 34 of the Mechanics Lien Act, the code hearing | ||
unit shall schedule a hearing to occur at least 30 days after | ||
sending notice of the date of hearing. Notice of the hearing | ||
shall be provided by the county recorder, by and through the | ||
recorder's representative, to the filer, or the party | ||
represented by the filer, of the expired lien, the legal | ||
representative of the recorder of deeds who referred the case, | ||
and the last owner of record, as identified in the Notice of | ||
Referral. | ||
If the recorder shows by clear and convincing evidence | ||
that the lien in question is an expired lien, the | ||
administrative law judge shall rule the lien is forfeited | ||
under Section 34.5 of the Mechanics Lien Act and that the lien | ||
no longer affects the chain of title of the property in any | ||
way. The judgment shall be forwarded to all parties identified | ||
in this subsection. Upon receiving judgment of a forfeited |
lien, the recorder shall, within 5 business days, record a | ||
copy of the judgment in the grantor's index or the grantee's | ||
index. | ||
If the administrative law judge finds the lien is not | ||
expired, the recorder shall, no later than 5 business days | ||
after receiving notice of the decision of the administrative | ||
law judge, record a copy of the judgment in the grantor's index | ||
or the grantee's index. | ||
A decision by an administrative law judge is reviewable | ||
under the Administrative Review Law, and nothing in this | ||
Section precludes a property owner or lienholder from | ||
proceeding with a civil action to resolve questions concerning | ||
a mechanics lien. | ||
A lienholder or property owner may remove the action from | ||
the code hearing unit to the circuit court as provided in | ||
subsection (i). | ||
(g) Final administrative decision. The recorder's decision | ||
to refer a mechanics lien or serve a Demand to Commence Suit is | ||
a final administrative decision that is subject to review | ||
under the Administrative Review Law by the circuit court of | ||
the county where the real property is located. The standard of | ||
review by the circuit court shall be consistent with the | ||
Administrative Review Law. | ||
(h) Liability. A recorder and the recorder's employees or | ||
agents are not subject to personal liability by reason of any | ||
error or omission in the performance of any duty under this |
Section, except in the case of willful or wanton conduct. The | ||
recorder and the recorder's employees or agents are not liable | ||
for the decision to refer a lien or serve a Demand to Commence | ||
Suit, or failure to refer or serve a Demand to Commence Suit, | ||
of a lien under this Section. | ||
(i) Private actions; use of demand and referral process. | ||
Nothing in this Section precludes a private right of action by | ||
any party with an interest in the property affected by the | ||
mechanics lien or a decision by the code hearing unit. Nothing | ||
in this Section requires a person or entity who may have a | ||
mechanics lien recorded against the person's or entity's | ||
property to use the mechanics lien demand and referral process | ||
created by this Section. | ||
A lienholder or property owner may remove a matter in the | ||
referral process to the circuit court at any time prior to the | ||
final decision of the administrative law judge by delivering a | ||
certified notice of the suit filed in the circuit court to the | ||
administrative law judge. Upon receipt of the certified | ||
notice, the administrative law judge shall dismiss the matter | ||
without prejudice. If the matter is dismissed due to removal, | ||
then the demand and referral process is completed for the | ||
recorder for that property. If the circuit court dismisses the | ||
removed matter without deciding on whether the lien is expired | ||
and without prejudice, the recorder may reinstitute the demand | ||
and referral process under subsection (d). | ||
(j) Repeal. This Section is repealed on January 1, 2026 |
2024 . | ||
(Source: P.A. 102-671, eff. 11-30-21; 103-400, eff. 1-1-24.) | ||
(55 ILCS 5/4-11001.5) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 4-11001.5. Lake County Children's Advocacy Center | ||
Pilot Program. | ||
(a) The Lake County Children's Advocacy Center Pilot | ||
Program is established. Under the Pilot Program, any grand | ||
juror or petit juror in Lake County may elect to have his or | ||
her juror fees earned under Section 4-11001 of this Code to be | ||
donated to the Lake County Children's Advocacy Center, a | ||
division of the Lake County State's Attorney's office. | ||
(b) On or before January 1, 2017, the Lake County board | ||
shall adopt, by ordinance or resolution, rules and policies | ||
governing and effectuating the ability of jurors to donate | ||
their juror fees to the Lake County Children's Advocacy Center | ||
beginning January 1, 2017 and ending December 31, 2018. At a | ||
minimum, the rules and policies must provide: | ||
(1) for a form that a juror may fill out to elect to | ||
donate his or her juror fees. The form must contain a | ||
statement, in at least 14-point bold type, that donation | ||
of juror fees is optional; | ||
(2) that all monies donated by jurors shall be | ||
transferred by the county to the Lake County Children's | ||
Advocacy Center at the same time a juror is paid under |
Section 4-11001 of this Code who did not elect to donate | ||
his or her juror fees; and | ||
(3) that all juror fees donated under this Section | ||
shall be used exclusively for the operation of Lake County | ||
Children's Advocacy Center. | ||
The Lake County board shall adopt an ordinance or | ||
resolution reestablishing the rules and policies previously | ||
adopted under this subsection allowing a juror to donate his | ||
or her juror fees to the Lake County Children's Advocacy | ||
Center through December 31, 2021. | ||
(c) The following information shall be reported to the | ||
General Assembly and the Governor by the Lake County board | ||
after each calendar year of the Pilot Program on or before | ||
March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021: | ||
(1) the number of grand and petit jurors who earned | ||
fees under Section 4-11001 of this Code during the | ||
previous calendar year; | ||
(2) the number of grand and petit jurors who donated | ||
fees under this Section during the previous calendar year; | ||
(3) the amount of donated fees under this Section | ||
during the previous calendar year; | ||
(4) how the monies donated in the previous calendar | ||
year were used by the Lake County Children's Advocacy | ||
Center; and | ||
(5) how much cost there was incurred by Lake County | ||
and the Lake County State's Attorney's office in the |
previous calendar year in implementing the Pilot Program. | ||
(d) This Section is repealed on January 1, 2026 2024 . | ||
(Source: P.A. 101-612, eff. 12-20-19; 102-671, eff. 11-30-21.) | ||
(55 ILCS 5/5-41065) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 5-41065. Mechanics lien demand and referral | ||
adjudication. | ||
(a) Notwithstanding any other provision in this Division, | ||
a county's code hearing unit must adjudicate an expired | ||
mechanics lien referred to the unit under Section 3-5010.8. | ||
(b) If a county does not have an administrative law judge | ||
in its code hearing unit who is familiar with the areas of law | ||
relating to mechanics liens, one may be appointed no later | ||
than 3 months after the effective date of this amendatory Act | ||
of the 100th General Assembly to adjudicate all referrals | ||
concerning mechanics liens under Section 3-5010.8. | ||
(c) If an administrative law judge familiar with the areas | ||
of law relating to mechanics liens has not been appointed as | ||
provided subsection (b) when a mechanics lien is referred | ||
under Section 3-5010.8 to the code hearing unit, the case | ||
shall be removed to the proper circuit court with | ||
jurisdiction. | ||
(d) This Section is repealed on January 1, 2026 2024 . | ||
(Source: P.A. 102-671, eff. 11-30-21.) |
(55 ILCS 5/5-43043) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 5-43043. Mechanics lien demand and referral | ||
adjudication. | ||
(a) Notwithstanding any other provision in this Division, | ||
a county's code hearing unit must adjudicate an expired | ||
mechanics lien referred to the unit under Section 3-5010.8. | ||
(b) If a county does not have an administrative law judge | ||
in its code hearing unit who is familiar with the areas of law | ||
relating to mechanics liens, one may be appointed no later | ||
than 3 months after the effective date of this amendatory Act | ||
of the 100th General Assembly to adjudicate all referrals | ||
concerning mechanics liens under Section 3-5010.8. | ||
(c) If an administrative law judge familiar with the areas | ||
of law relating to mechanics liens has not been appointed as | ||
provided subsection (b) when a mechanics lien is referred | ||
under Section 3-5010.8 to the code hearing unit, the case | ||
shall be removed to the proper circuit court with | ||
jurisdiction. | ||
(d) This Section is repealed on January 1, 2026 2024 . | ||
(Source: P.A. 102-671, eff. 11-30-21.) | ||
Section 90. The Emergency Medical Services (EMS) Systems | ||
Act is amended by changing Section 3.22 as follows: | ||
(210 ILCS 50/3.22) |
Sec. 3.22. EMT Training, Recruitment, and Retention Task | ||
Force. | ||
(a) The EMT Training, Recruitment, and Retention Task | ||
Force is created to address the following: | ||
(1) the impact that the EMT and Paramedic shortage is | ||
having on this State's EMS System and health care system; | ||
(2) barriers to the training, recruitment, and | ||
retention of Emergency Medical Technicians throughout this | ||
State; | ||
(3) steps that the State of Illinois can take, | ||
including coordination and identification of State and | ||
federal funding sources, to assist Illinois high schools, | ||
community colleges, and ground ambulance providers to | ||
train, recruit, and retain emergency medical technicians; | ||
(4) the examination of current testing mechanisms for | ||
EMRs, EMTs, and Paramedics and the utilization of the | ||
National Registry of Emergency Medical Technicians, | ||
including current pass rates by licensure level, national | ||
utilization, and test preparation strategies; | ||
(5) how apprenticeship programs, local, regional, and | ||
statewide, can be utilized to recruit and retain EMRs, | ||
EMTs, and Paramedics; | ||
(6) how ground ambulance reimbursement affects the | ||
recruitment and retention of EMTs and Paramedics; and | ||
(7) all other areas that the Task Force deems | ||
necessary to examine and assist in the recruitment and |
retention of EMTs and Paramedics. | ||
(b) The Task Force shall be comprised of the following | ||
members: | ||
(1) one member of the Illinois General Assembly, | ||
appointed by the President of the Senate, who shall serve | ||
as co-chair; | ||
(2) one member of the Illinois General Assembly, | ||
appointed by the Speaker of the House of Representatives; | ||
(3) one member of the Illinois General Assembly, | ||
appointed by the Senate Minority Leader; | ||
(4) one member of the Illinois General Assembly, | ||
appointed by the House Minority Leader, who shall serve as | ||
co-chair; | ||
(5) 9 members representing private ground ambulance | ||
providers throughout this State representing for-profit | ||
and non-profit rural and urban ground ambulance providers, | ||
appointed by the President of the Senate; | ||
(6) 3 members representing hospitals, appointed by the | ||
Speaker of the House of Representatives, with one member | ||
representing safety-net safety net hospitals and one | ||
member representing rural hospitals; | ||
(7) 3 members representing a statewide association of | ||
nursing homes, appointed by the President of the Senate; | ||
(8) one member representing the State Board of | ||
Education, appointed by the House Minority Leader; | ||
(9) 2 EMS Medical Directors from a Regional EMS |
Medical Directors Committee, appointed by the Governor; | ||
and | ||
(10) one member representing the Illinois Community | ||
College Systems, appointed by the Minority Leader of the | ||
Senate. | ||
(c) Members of the Task Force shall serve without | ||
compensation. | ||
(d) The Task Force shall convene at the call of the | ||
co-chairs and shall hold at least 6 meetings. | ||
(e) The Task Force shall submit its final report to the | ||
General Assembly and the Governor no later than September 1, | ||
2024 January 1, 2024 , and upon the submission of its final | ||
report, the Task Force shall be dissolved. | ||
(Source: P.A. 103-547, eff. 8-11-23; revised 10-25-23.) | ||
Section 95. The Environmental Protection Act is amended by | ||
changing Section 9.18 as follows: | ||
(415 ILCS 5/9.18) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 9.18. Commission on market-based carbon pricing | ||
solutions. | ||
(a) In the United States, state-based market policies to | ||
reduce greenhouse gases have been in operation since 2009. | ||
More than a quarter of the US population lives in a state with | ||
carbon pricing and these states represent one-third of the |
United States' gross domestic product. Market-based policies | ||
have proved effective at reducing emissions in states across | ||
the United States, and around the world. Additionally, | ||
well-designed carbon pricing incentivizes energy efficiency | ||
and drives investments in low-carbon solutions and | ||
technologies, such as renewables, hydrogen, biofuels, and | ||
carbon capture, use, and storage. Illinois must assess | ||
available suites of programs and policies to support a rapid, | ||
economy-wide decarbonization and spur the development of a | ||
clean energy economy in the State, while maintaining Illinois' | ||
competitive advantage. | ||
(b) The Governor is hereby authorized to create a carbon | ||
pricing commission to study the short-term and long-term | ||
impacts of joining, implementing, or designing a sector-based, | ||
statewide, or regional carbon pricing program. The commission | ||
shall analyze and compare the relative cost of, and greenhouse | ||
gas reductions from, various carbon pricing programs available | ||
to Illinois and the Midwest, including, but not limited to: | ||
the Regional Greenhouse Gas Initiative (RGGI), the | ||
Transportation and Climate Initiative (TCI), California's | ||
cap-and-trade program, California's low carbon fuel standard, | ||
Washington State's cap-and-invest program, the Oregon Clean | ||
Fuels Program, and other relevant market-based programs. At | ||
the conclusion of the study, no later than December 31, 2022, | ||
the commission shall issue a public report containing its | ||
findings. |
(c) This Section is repealed on January 1, 2025 2024 . | ||
(Source: P.A. 102-662, eff. 9-15-21.) | ||
Section 100. The Illinois Vehicle Code is amended by | ||
changing Section 3-692 as follows: | ||
(625 ILCS 5/3-692) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 3-692. Soil and Water Conservation District Plates. | ||
(a) In addition to any other special license plate, the | ||
Secretary, upon receipt of all applicable fees and | ||
applications made in the form prescribed by the Secretary of | ||
State, may issue Soil and Water Conservation District license | ||
plates. The special Soil and Water Conservation District plate | ||
issued under this Section shall be affixed only to passenger | ||
vehicles of the first division and motor vehicles of the | ||
second division weighing not more than 8,000 pounds. Plates | ||
issued under this Section shall expire according to the | ||
staggered multi-year procedure established by Section 3-414.1 | ||
of this Code. | ||
(b) The design, color, and format of the plates shall be | ||
wholly within the discretion of the Secretary of State. | ||
Appropriate documentation, as determined by the Secretary, | ||
must accompany each application. The Secretary, in his or her | ||
discretion, shall approve and prescribe stickers or decals as | ||
provided under Section 3-412. |
(c) An applicant for the special plate shall be charged a | ||
$40 fee for original issuance in addition to the appropriate | ||
registration fee. Of this fee, $25 shall be deposited into the | ||
Soil and Water Conservation District Fund and $15 shall be | ||
deposited into the Secretary of State Special License Plate | ||
Fund, to be used by the Secretary to help defray the | ||
administrative processing costs. For each registration renewal | ||
period, a $27 fee, in addition to the appropriate registration | ||
fee, shall be charged. Of this fee, $25 shall be deposited into | ||
the Soil and Water Conservation District Fund and $2 shall be | ||
deposited into the Secretary of State Special License Plate | ||
Fund. | ||
(d) The Soil and Water Conservation District Fund is | ||
created as a special fund in the State treasury. All money in | ||
the Soil and Water Conservation District Fund shall be paid, | ||
subject to appropriation by the General Assembly and | ||
distribution by the Secretary, as grants to Illinois soil and | ||
water conservation districts for projects that conserve and | ||
restore soil and water in Illinois. All interest earned on | ||
moneys in the Fund shall be deposited into the Fund. The Fund | ||
shall not be subject to administrative charges or chargebacks, | ||
such as but not limited to those authorized under Section 8h of | ||
the State Finance Act. | ||
(e) Notwithstanding any other provision of law, on July 1, | ||
2023, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Soil and Water | ||
Conservation District Fund into the Partners for Conservation | ||
Fund. Upon completion of the transfers, the Soil and Water | ||
Conservation District Fund is dissolved, and any future | ||
deposits due to that Fund and any outstanding obligations or | ||
liabilities of that Fund shall pass to the Partners for | ||
Conservation Fund. | ||
(f) This Section is repealed on January 1, 2025 2024 . | ||
(Source: P.A. 103-8, eff. 6-7-23.) | ||
Section 105. The Illinois Controlled Substances Act is | ||
amended by changing Section 311.6 as follows: | ||
(720 ILCS 570/311.6) | ||
(Text of Section before amendment by P.A. 103-425 ) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 311.6. Opioid prescriptions. | ||
(a) Notwithstanding any other provision of law, a | ||
prescription for a substance classified in Schedule II, III, | ||
IV, or V must be sent electronically, in accordance with | ||
Section 316. Prescriptions sent in accordance with this | ||
subsection (a) must be accepted by the dispenser in electronic | ||
format. | ||
(b) Notwithstanding any other provision of this Section or | ||
any other provision of law, a prescriber shall not be required |
to issue prescriptions electronically if he or she certifies | ||
to the Department of Financial and Professional Regulation | ||
that he or she will not issue more than 25 prescriptions during | ||
a 12-month period. Prescriptions in both oral and written form | ||
for controlled substances shall be included in determining | ||
whether the prescriber will reach the limit of 25 | ||
prescriptions. | ||
(c) The Department of Financial and Professional | ||
Regulation shall adopt rules for the administration of this | ||
Section. These rules shall provide for the implementation of | ||
any such exemption to the requirements under this Section that | ||
the Department of Financial and Professional Regulation may | ||
deem appropriate, including the exemption provided for in | ||
subsection (b). | ||
(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. | ||
102-1109 for effective date of P.A. 102-490).) | ||
(Text of Section after amendment by P.A. 103-425 ) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 311.6. Opioid prescriptions. | ||
(a) Notwithstanding any other provision of law, a | ||
prescription for a substance classified in Schedule II, III, | ||
IV, or V must be sent electronically, in accordance with | ||
Section 316. Prescriptions sent in accordance with this | ||
subsection (a) must be accepted by the dispenser in electronic |
format. | ||
(b) Beginning on the effective date of this amendatory Act | ||
of the 103rd General Assembly until December 31, 2028, | ||
notwithstanding any other provision of this Section or any | ||
other provision of law, a prescriber shall not be required to | ||
issue prescriptions electronically if he or she certifies to | ||
the Department of Financial and Professional Regulation that | ||
he or she will not issue more than 150 prescriptions during a | ||
12-month period. Prescriptions in both oral and written form | ||
for controlled substances shall be included in determining | ||
whether the prescriber will reach the limit of 150 | ||
prescriptions. Beginning January 1, 2029, notwithstanding any | ||
other provision of this Section or any other provision of law, | ||
a prescriber shall not be required to issue prescriptions | ||
electronically if he or she certifies to the Department of | ||
Financial and Professional Regulation that he or she will not | ||
issue more than 50 prescriptions during a 12-month period. | ||
Prescriptions in both oral and written form for controlled | ||
substances shall be included in determining whether the | ||
prescriber will reach the limit of 50 prescriptions. | ||
(b-5) Notwithstanding any other provision of this Section | ||
or any other provision of law, a prescriber shall not be | ||
required to issue prescriptions electronically under the | ||
following circumstances: | ||
(1) prior to January 1, 2026, the prescriber | ||
demonstrates financial difficulties in buying or managing |
an electronic prescription option, whether it is an | ||
electronic health record or some other electronic | ||
prescribing product; | ||
(2) on and after January 1, 2026, the prescriber | ||
provides proof of a waiver from the Centers for Medicare | ||
and Medicaid Services for the Electronic Prescribing for | ||
Controlled Substances Program due to demonstrated economic | ||
hardship for the previous compliance year; | ||
(3) there is a temporary technological or electrical | ||
failure that prevents an electronic prescription from | ||
being issued; | ||
(4) the prescription is for a drug that the | ||
practitioner reasonably determines would be impractical | ||
for the patient to obtain in a timely manner if prescribed | ||
by an electronic data transmission prescription and the | ||
delay would adversely impact the patient's medical | ||
condition; | ||
(5) the prescription is for an individual who: | ||
(A) resides in a nursing or assisted living | ||
facility; | ||
(B) is receiving hospice or palliative care; | ||
(C) is receiving care at an outpatient renal | ||
dialysis facility and the prescription is related to | ||
the care provided; | ||
(D) is receiving care through the United States | ||
Department of Veterans Affairs; or |
(E) is incarcerated in a state, detained, or | ||
confined in a correctional facility; | ||
(6) the prescription prescribes a drug under a | ||
research protocol; | ||
(7) the prescription is a non-patient specific | ||
prescription dispensed under a standing order, approved | ||
protocol for drug therapy, collaborative drug management, | ||
or comprehensive medication management, or in response to | ||
a public health emergency or other circumstance in which | ||
the practitioner may issue a non-patient specific | ||
prescription; | ||
(8) the prescription is issued when the prescriber and | ||
dispenser are the same entity; or | ||
(9) the prescription is issued for a compound | ||
prescription containing 2 or more compounds ; or . | ||
(10) the prescription is issued by a licensed | ||
veterinarian within 2 years after the effective date of | ||
this amendatory Act of the 103rd General Assembly. | ||
(c) The Department of Financial and Professional | ||
Regulation may adopt rules for the administration of this | ||
Section to the requirements under this Section that the | ||
Department of Financial and Professional Regulation may deem | ||
appropriate. | ||
(d) Any prescriber who makes a good faith effort to | ||
prescribe electronically, but for reasons not within the | ||
prescriber's control is unable to prescribe electronically, |
may be exempt from any disciplinary action. | ||
(e) Any pharmacist who dispenses in good faith based upon | ||
a valid prescription that is not prescribed electronically may | ||
be exempt from any disciplinary action. A pharmacist is not | ||
required to ensure or responsible for ensuring the | ||
prescriber's compliance under subsection (b), nor may any | ||
other entity or organization require a pharmacist to ensure | ||
the prescriber's compliance with that subsection. | ||
(f) It shall be a violation of this Section for any | ||
prescriber or dispenser to adopt a policy contrary to this | ||
Section. | ||
(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. | ||
102-1109 for effective date of P.A. 102-490); 103-425, eff. | ||
1-1-24.) | ||
Section 110. The Common Interest Community Association Act | ||
is amended by changing Section 1-90 as follows: | ||
(765 ILCS 160/1-90) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 1-90. Compliance with the Condominium and Common | ||
Interest Community Ombudsperson Act. Every common interest | ||
community association, except for those exempt from this Act | ||
under Section 1-75, must comply with the Condominium and | ||
Common Interest Community Ombudsperson Act and is subject to | ||
all provisions of the Condominium and Common Interest |
Community Ombudsperson Act. This Section is repealed January | ||
1, 2026 2024 . | ||
(Source: P.A. 102-921, eff. 5-27-22.) | ||
Section 115. The Condominium Property Act is amended by | ||
changing Section 35 as follows: | ||
(765 ILCS 605/35) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 35. Compliance with the Condominium and Common | ||
Interest Community Ombudsperson Act. Every unit owners' | ||
association must comply with the Condominium and Common | ||
Interest Community Ombudsperson Act and is subject to all | ||
provisions of the Condominium and Common Interest Community | ||
Ombudsperson Act. This Section is repealed January 1, 2026 | ||
2024 . | ||
(Source: P.A. 102-921, eff. 5-27-22.) | ||
Section 120. The Condominium and Common Interest Community | ||
Ombudsperson Act is amended by changing Section 70 as follows: | ||
(765 ILCS 615/70) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 70. Repeal. This Act is repealed on January 1, 2026 | ||
2024 . | ||
(Source: P.A. 102-921, eff. 5-27-22.) |
Section 900. "An Act concerning housing", approved June | ||
30, 2023, Public Act 103-215, is amended by adding Section 99 | ||
as follows: | ||
(P.A. 103-215, Sec. 99 new) | ||
Sec. 99. Effective date. This Act takes effect April 30, | ||
2024. | ||
Section 905. "An Act concerning education", approved | ||
August 11, 2023, Public Act 103-542, is amended by adding | ||
Section 99 as follows: | ||
(P.A. 103-542, Sec. 99 new) | ||
Section 99. Effective date. This Act takes effect on July | ||
1, 2024. | ||
Section 950. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by | ||
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that | ||
text does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act. | ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law. |