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 Provides that the Illinois Certified Shorthand Reporters Act of 1984 is repealed on January 1, 2025 (rather than January 1, 2024).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
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Public Act 103-0563
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HB1358 Enrolled | LRB103 05107 HLH 50121 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by |
changing Section 4.35 as follows:
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(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 .)
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(5 ILCS 80/4.34 rep.) |
Section 10. The Regulatory Sunset Act is amended by |
repealing Section 4.34.
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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:
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(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.)
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Section 20. The Election Code is amended by changing |
Section 1-23 as follows:
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(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.)
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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:
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(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.)
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Section 30. The Electric Vehicle Act is amended by |
changing Section 60 as follows:
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(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.)
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Section 35. The Department of Transportation Law of the |
Civil Administrative Code of Illinois is amended by changing |
Section 2705-620 as follows:
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(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.)
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Section 40. The Illinois Power Agency Act is amended by |
changing Section 1-130 as follows:
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(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.)
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Section 45. The Crime Reduction Task Force Act is amended |
by changing Sections 1-15 and 1-20 as follows:
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(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.)
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(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:
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(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.)
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Section 55. The Blue-Ribbon Commission on Transportation |
Infrastructure Funding and Policy Act is amended by changing |
Sections 25 and 30 as follows:
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(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.)
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(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.)
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Section 60. The Comprehensive Licensing Information to |
Minimize Barriers Task Force Act is amended by changing |
Section 20 as follows:
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(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.)
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Section 65. The Money Laundering in Real Estate Task Force |
Act is amended by changing Section 5-15 as follows:
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(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.)
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Section 70. The Human Trafficking Task Force Act is |
amended by changing Section 25 as follows:
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(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.)
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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.)
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Section 80. The Business Enterprise for Minorities, Women, |
and Persons with Disabilities Act is amended by changing |
Section 9 as follows:
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(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 .)
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Section 83. The Emergency Telephone System Act is amended |
by changing Section 3 as follows:
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(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.)
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(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.)
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Section 85. The Counties Code is amended by changing |
Sections 3-5010.8, 4-11001.5, 5-41065, and 5-43043 as follows:
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(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 |
|
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.
|