Bill Text: IL HB1358 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Amends the Regulatory Sunset Act. Provides that the Illinois Certified Shorthand Reporters Act of 1984 is repealed on January 1, 2025 (rather than January 1, 2024). Amends the Illinois Administrative Procedure Act, Election Code, Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, Electric Vehicle Act, Department of Transportation Law of the Civil Administrative Code of Illinois, Illinois Power Agency Act, Racial Disproportionality in Child Welfare Task Force Act, Crime Reduction Task Force Act, Comprehensive Licensing Information to Minimize Barriers Task Force Act, Money Laundering in Real Estate Task Force Act, Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act, Human Trafficking Task Force Act, Kidney Disease Prevention and Education Task Force Act, Business Enterprise for Minorities, Women, and Persons with Disabilities Act, Counties Code, Emergency Medical Services (EMS) Systems Act, Environmental Protection Act, Illinois Vehicle Code, Common Interest Community Association Act, Condominium Property Act, and the Condominium and Common Interest Community Ombudsperson Act. Extends various repeal dates and other dates. Changes the effective date of Public Act 103-215 to April 30, 2024 (rather than January 1, 2024). Changes the effective date of Public Act 103-542 to July 1, 2024 (rather than January 1, 2024). Amends the Illinois Controlled Substances Act. Provides that a prescriber shall not be required to issue prescriptions electronically if the prescription is issued by a licensed veterinarian within 2 years after the effective date of the amendatory Act. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2023-11-17 - Public Act . . . . . . . . . 103-0563 [HB1358 Detail]

Download: Illinois-2023-HB1358-Chaptered.html

Public Act 103-0563
HB1358 EnrolledLRB103 05107 HLH 50121 b
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 Acts Act repealed on January 1, 2025.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following Acts are Act is repealed on January 1, 2025: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.
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