Bill Text: IL HB3320 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that a municipal clerk must establish a residential lease depository. Each owner of a single-family house that is rented to a person other than the owner must file a copy of the lease agreement in the depository, and the lease must include all persons who are authorized to reside in the house. Provides that the lease agreements in the depository are not subject to the Freedom of Information Act. Allows the clerk to initiate an eviction action against a person residing at the house if the clerk receives a complaint or other notification that a person not authorized to reside in a house is residing in the house or is notified of a citation against the property or persons residing on the property and any person fails to provide verification that the person is authorized to reside in the house. Provides that a municipal clerk must establish an adverse possession notice depository. Provides that a person who wishes to establish a claim of adverse possession by wrongful ousting for property within the municipality must file a notice of adverse possession with the clerk. Requires a copy of the notice to be provided to the registered owner of the property. Amends the Freedom of Information Act and the Code of Civil Procedure to make conforming changes. Further amends the Code of Civil Procedure. Provides that the right to make an entry or bring a cause of action from a wrongful ouster on land within a municipality shall be deemed to have first accrued at the time of the wrongful ouster or the time a notice of adverse possession is filed with the municipal clerk, whichever is later. Provides that, prior to the initiation of an action for adverse possession for wrongful ousting of property located within a municipality, a person must first obtain a certified copy of the notice filed and attached the certified copy to the pleadings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB3320 Detail]

Download: Illinois-2023-HB3320-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3320 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
65 ILCS 5/3.1-35-91 new
65 ILCS 5/3.1-35-92 new
735 ILCS 5/9-102.5 new
735 ILCS 5/13-106 from Ch. 110, par. 13-106
Amends the Illinois Municipal Code. Provides that a municipal clerk must establish a residential lease depository. Each owner of a single-family house that is rented to a person other than the owner must file a copy of the lease agreement in the depository, and the lease must include all persons who are authorized to reside in the house. Provides that the lease agreements in the depository are not subject to the Freedom of Information Act. Allows the clerk to initiate an eviction action against a person residing at the house if the clerk receives a complaint or other notification that a person not authorized to reside in a house is residing in the house or is notified of a citation against the property or persons residing on the property and any person fails to provide verification that the person is authorized to reside in the house. Provides that a municipal clerk must establish an adverse possession notice depository. Provides that a person who wishes to establish a claim of adverse possession by wrongful ousting for property within the municipality must file a notice of adverse possession with the clerk. Requires a copy of the notice to be provided to the registered owner of the property. Amends the Freedom of Information Act and the Code of Civil Procedure to make conforming changes. Further amends the Code of Civil Procedure. Provides that the right to make an entry or bring a cause of action from a wrongful ouster on land within a municipality shall be deemed to have first accrued at the time of the wrongful ouster or the time a notice of adverse possession is filed with the municipal clerk, whichever is later. Provides that, prior to the initiation of an action for adverse possession for wrongful ousting of property located within a municipality, a person must first obtain a certified copy of the notice filed and attached the certified copy to the pleadings.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

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to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

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or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the

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Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent

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team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated

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decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.

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(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of

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Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.

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(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois Department
of State Police in an affidavit or application for an
assault weapon endorsement, assault weapon attachment
endorsement, .50 caliber rifle endorsement, or .50 caliber
cartridge endorsement under the Firearm Owners
Identification Card Act.
(iii) Documents submitted to the municipal clerk under

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Section 3.1-35-91 of the Illinois Municipal Code.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
2-13-23.)
Section 10. The Illinois Municipal Code is amended by
adding Sections 3.1-35-91 and 3.1-35-92 as follows:
(65 ILCS 5/3.1-35-91 new)
Sec. 3.1-35-91. Residential lease depository; eviction of
unauthorized resident.
(a) As used in this Section, "house" means a single-family
house.
(b) A municipal clerk must establish a residential lease
depository. Each owner of a house that is rented to a person
other than the owner must file a copy of the lease agreement in
the depository, and the lease must include all persons who are
authorized to reside in the house. The lease agreements in the
depository are not subject to the Freedom of Information Act.

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(c) If the clerk (i) receives a complaint or other
notification that a person not authorized to reside in a house
or is notified of citations issued on the property indicating
that is residing in the house or (ii) is notified of a citation
against the property or persons residing on the property, the
clerk may require any person residing at the house to verify
that the person has authorization to reside at the house. A
person may verify to the clerk that the person is authorized to
reside at the house by the person's name being on a lease in
the lease depository, by showing ownership, or by showing a
recent local tax bill or utility bill at the address with the
person's name on it. If the person failed to provide proof of
authorization to reside at that house within 30 days after the
date of the request by the clerk, the clerk may initiate an
eviction action against the person as provided in Article IX
of the Code of Civil Procedure.
An action may only be commenced by the clerk under this
subsection if the municipality has a crime-free housing
program.
(65 ILCS 5/3.1-35-92 new)
Sec. 3.1-35-92. Adverse possession notice depository. A
municipal clerk must establish an adverse possession notice
depository. A person who wishes to establish a claim of
adverse possession by wrongful ousting for property within the
municipality must file a notice of adverse possession with the

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clerk. Upon filing, the municipal clerk must send a copy of the
notice to the registered owner of the property.
Section 15. The Code of Civil Procedure is amended by
changing Section 13-106 and by adding Section 9-102.5 as
follows:
(735 ILCS 5/9-102.5 new)
Sec. 9-102.5. Eviction by the municipal clerk.
Notwithstanding any other provision of law, the municipal
clerk may initiate an eviction action for the benefit of the
property owner of a single-family house as provided in Section
3.1-35-91 of the Illinois Municipal Code. The procedures for
an eviction action under this Article for a municipal clerk
are the same as those requirements for a person entitled to the
possession of the house.
(735 ILCS 5/13-106) (from Ch. 110, par. 13-106)
Sec. 13-106. Accrual of right of entry or to bring action.
The right to make an entry or bring an action to recover land
shall be deemed to have first accrued at the times
respectively hereinafter provided:
(a) When any person is wrongfully ousted from possession,
his or her right of entry or of action shall be deemed to have
accrued at the time of such wrongful ouster; except, if the
land is within a municipality, his or her right of entry or of

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action shall be deemed to have accrued at the time of the
wrongful ouster or the time a notice of adverse possession is
filed with the municipal clerk under Section 3.1-35-92 of the
Illinois Municipal code, whichever is later. Prior to the
initiation of an action for adverse possession for wrongful
ousting of property located within a municipality under this
Article, a person must first obtain a certified copy of the
notice filed under Section 3.1-35-92 of the Illinois Municipal
Code and attach the certified copy to the pleadings.
(b) When he or she claims as heir or legatee of an owner in
possession who died, his or her right shall be deemed to have
accrued at the time of such death, unless there is an estate
intervening after the death of such ancestor or testator; in
which case his or her right shall be deemed to accrue when such
intermediate estate expires, or when it would have expired by
its own limitations.
(c) When there is such an intermediate estate, and in all
other cases when the party claims by force of any remainder or
reversion, his or her right, so far as it is affected by the
limitation herein prescribed, shall be deemed to accrue when
the intermediate or precedent estate would have expired by its
own limitation, notwithstanding any forfeiture thereof for
which he or she might have entered at an earlier time.
(d) Paragraph (c) of this Section shall not prevent a
person from entering when entitled to do so by reason of any
forfeiture or breach of condition; but if he or she claims

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under such a title, his or her right shall be deemed to have
accrued when the forfeiture was incurred or the condition was
broken.
(e) In all cases not otherwise specially provided for, the
right shall be deemed to have accrued when the claimant, or the
person under whom he or she claims, first became entitled to
the possession of the premises under the title upon which the
entry or the action is founded.
(Source: P.A. 84-549.)