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Public Act 103-0563 |
HB1358 Enrolled | LRB103 05107 HLH 50121 b |
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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 Acts Act repealed on January 1, 2025.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following Acts are Act is repealed on January 1, 2025: |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(Section scheduled to be repealed on January 9, 2024) |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 |
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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This Section is repealed on March 31, 2024 one year after |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(Section scheduled to be repealed on June 1, 2024) |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 |
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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: |
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(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 |
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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 |
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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) |
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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) |
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(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 |
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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 . |
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(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.) |
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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 |
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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 |
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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 |
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(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 |
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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 |
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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: |
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(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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |