103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3320

 

Introduced 2/17/2023, 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.


LRB103 30018 AWJ 56438 b

 

 

A BILL FOR

 

HB3320LRB103 30018 AWJ 56438 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

HB3320- 2 -LRB103 30018 AWJ 56438 b

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

 

 

HB3320- 3 -LRB103 30018 AWJ 56438 b

1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

HB3320- 4 -LRB103 30018 AWJ 56438 b

1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act.
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) All identified or deidentified health information
13    in the form of health data or medical records contained
14    in, stored in, submitted to, transferred by, or released
15    from the Illinois Health Information Exchange, and
16    identified or deidentified health information in the form
17    of health data and medical records of the Illinois Health
18    Information Exchange in the possession of the Illinois
19    Health Information Exchange Office due to its
20    administration of the Illinois Health Information
21    Exchange. The terms "identified" and "deidentified" shall
22    be given the same meaning as in the Health Insurance
23    Portability and Accountability Act of 1996, Public Law
24    104-191, or any subsequent amendments thereto, and any
25    regulations promulgated thereunder.
26        (u) Records and information provided to an independent

 

 

HB3320- 5 -LRB103 30018 AWJ 56438 b

1    team of experts under the Developmental Disability and
2    Mental Health Safety Act (also known as Brian's Law).
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed
10    Carry Licensing Review Board under the Firearm Concealed
11    Carry Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (v-5) Records of the Firearm Owner's Identification
14    Card Review Board that are exempted from disclosure under
15    Section 10 of the Firearm Owners Identification Card Act.
16        (w) Personally identifiable information which is
17    exempted from disclosure under subsection (g) of Section
18    19.1 of the Toll Highway Act.
19        (x) Information which is exempted from disclosure
20    under Section 5-1014.3 of the Counties Code or Section
21    8-11-21 of the Illinois Municipal Code.
22        (y) Confidential information under the Adult
23    Protective Services Act and its predecessor enabling
24    statute, the Elder Abuse and Neglect Act, including
25    information about the identity and administrative finding
26    against any caregiver of a verified and substantiated

 

 

HB3320- 6 -LRB103 30018 AWJ 56438 b

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

 

 

HB3320- 7 -LRB103 30018 AWJ 56438 b

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

 

 

HB3320- 8 -LRB103 30018 AWJ 56438 b

1    Public Health and its authorized representatives collected
2    under the Reproductive Health Act.
3        (rr) Information that is exempt from disclosure under
4    the Cannabis Regulation and Tax Act.
5        (ss) Data reported by an employer to the Department of
6    Human Rights pursuant to Section 2-108 of the Illinois
7    Human Rights Act.
8        (tt) Recordings made under the Children's Advocacy
9    Center Act, except to the extent authorized under that
10    Act.
11        (uu) Information that is exempt from disclosure under
12    Section 50 of the Sexual Assault Evidence Submission Act.
13        (vv) Information that is exempt from disclosure under
14    subsections (f) and (j) of Section 5-36 of the Illinois
15    Public Aid Code.
16        (ww) Information that is exempt from disclosure under
17    Section 16.8 of the State Treasurer Act.
18        (xx) Information that is exempt from disclosure or
19    information that shall not be made public under the
20    Illinois Insurance Code.
21        (yy) Information prohibited from being disclosed under
22    the Illinois Educational Labor Relations Act.
23        (zz) Information prohibited from being disclosed under
24    the Illinois Public Labor Relations Act.
25        (aaa) Information prohibited from being disclosed
26    under Section 1-167 of the Illinois Pension Code.

 

 

HB3320- 9 -LRB103 30018 AWJ 56438 b

1        (bbb) Information that is prohibited from disclosure
2    by the Illinois Police Training Act and the Illinois State
3    Police Act.
4        (ccc) Records exempt from disclosure under Section
5    2605-304 of the Illinois State Police Law of the Civil
6    Administrative Code of Illinois.
7        (ddd) Information prohibited from being disclosed
8    under Section 35 of the Address Confidentiality for
9    Victims of Domestic Violence, Sexual Assault, Human
10    Trafficking, or Stalking Act.
11        (eee) Information prohibited from being disclosed
12    under subsection (b) of Section 75 of the Domestic
13    Violence Fatality Review Act.
14        (fff) Images from cameras under the Expressway Camera
15    Act. This subsection (fff) is inoperative on and after
16    July 1, 2023.
17        (ggg) Information prohibited from disclosure under
18    paragraph (3) of subsection (a) of Section 14 of the Nurse
19    Agency Licensing Act.
20        (hhh) Information submitted to the Illinois Department
21    of State Police in an affidavit or application for an
22    assault weapon endorsement, assault weapon attachment
23    endorsement, .50 caliber rifle endorsement, or .50 caliber
24    cartridge endorsement under the Firearm Owners
25    Identification Card Act.
26        (iii) Documents submitted to the municipal clerk under

 

 

HB3320- 10 -LRB103 30018 AWJ 56438 b

1    Section 3.1-35-91 of the Illinois Municipal Code.
2(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
3101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
41-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
5eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
6101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
71-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
8eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
9102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
107-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
112-13-23.)
 
12    Section 10. The Illinois Municipal Code is amended by
13adding Sections 3.1-35-91 and 3.1-35-92 as follows:
 
14    (65 ILCS 5/3.1-35-91 new)
15    Sec. 3.1-35-91. Residential lease depository; eviction of
16unauthorized resident.
17    (a) As used in this Section, "house" means a single-family
18house.
19    (b) A municipal clerk must establish a residential lease
20depository. Each owner of a house that is rented to a person
21other than the owner must file a copy of the lease agreement in
22the depository, and the lease must include all persons who are
23authorized to reside in the house. The lease agreements in the
24depository are not subject to the Freedom of Information Act.

 

 

HB3320- 11 -LRB103 30018 AWJ 56438 b

1    (c) If the clerk (i) receives a complaint or other
2notification that a person not authorized to reside in a house
3or is notified of citations issued on the property indicating
4that is residing in the house or (ii) is notified of a citation
5against the property or persons residing on the property, the
6clerk may require any person residing at the house to verify
7that the person has authorization to reside at the house. A
8person may verify to the clerk that the person is authorized to
9reside at the house by the person's name being on a lease in
10the lease depository, by showing ownership, or by showing a
11recent local tax bill or utility bill at the address with the
12person's name on it. If the person failed to provide proof of
13authorization to reside at that house within 30 days after the
14date of the request by the clerk, the clerk may initiate an
15eviction action against the person as provided in Article IX
16of the Code of Civil Procedure.
17    An action may only be commenced by the clerk under this
18subsection if the municipality has a crime-free housing
19program.
 
20    (65 ILCS 5/3.1-35-92 new)
21    Sec. 3.1-35-92. Adverse possession notice depository. A
22municipal clerk must establish an adverse possession notice
23depository. A person who wishes to establish a claim of
24adverse possession by wrongful ousting for property within the
25municipality must file a notice of adverse possession with the

 

 

HB3320- 12 -LRB103 30018 AWJ 56438 b

1clerk. Upon filing, the municipal clerk must send a copy of the
2notice to the registered owner of the property.
 
3    Section 15. The Code of Civil Procedure is amended by
4changing Section 13-106 and by adding Section 9-102.5 as
5follows:
 
6    (735 ILCS 5/9-102.5 new)
7    Sec. 9-102.5. Eviction by the municipal clerk.
8Notwithstanding any other provision of law, the municipal
9clerk may initiate an eviction action for the benefit of the
10property owner of a single-family house as provided in Section
113.1-35-91 of the Illinois Municipal Code. The procedures for
12an eviction action under this Article for a municipal clerk
13are the same as those requirements for a person entitled to the
14possession of the house.
 
15    (735 ILCS 5/13-106)  (from Ch. 110, par. 13-106)
16    Sec. 13-106. Accrual of right of entry or to bring action.
17The right to make an entry or bring an action to recover land
18shall be deemed to have first accrued at the times
19respectively hereinafter provided:
20    (a) When any person is wrongfully ousted from possession,
21his or her right of entry or of action shall be deemed to have
22accrued at the time of such wrongful ouster; except, if the
23land is within a municipality, his or her right of entry or of

 

 

HB3320- 13 -LRB103 30018 AWJ 56438 b

1action shall be deemed to have accrued at the time of the
2wrongful ouster or the time a notice of adverse possession is
3filed with the municipal clerk under Section 3.1-35-92 of the
4Illinois Municipal code, whichever is later. Prior to the
5initiation of an action for adverse possession for wrongful
6ousting of property located within a municipality under this
7Article, a person must first obtain a certified copy of the
8notice filed under Section 3.1-35-92 of the Illinois Municipal
9Code and attach the certified copy to the pleadings.
10    (b) When he or she claims as heir or legatee of an owner in
11possession who died, his or her right shall be deemed to have
12accrued at the time of such death, unless there is an estate
13intervening after the death of such ancestor or testator; in
14which case his or her right shall be deemed to accrue when such
15intermediate estate expires, or when it would have expired by
16its own limitations.
17    (c) When there is such an intermediate estate, and in all
18other cases when the party claims by force of any remainder or
19reversion, his or her right, so far as it is affected by the
20limitation herein prescribed, shall be deemed to accrue when
21the intermediate or precedent estate would have expired by its
22own limitation, notwithstanding any forfeiture thereof for
23which he or she might have entered at an earlier time.
24    (d) Paragraph (c) of this Section shall not prevent a
25person from entering when entitled to do so by reason of any
26forfeiture or breach of condition; but if he or she claims

 

 

HB3320- 14 -LRB103 30018 AWJ 56438 b

1under such a title, his or her right shall be deemed to have
2accrued when the forfeiture was incurred or the condition was
3broken.
4    (e) In all cases not otherwise specially provided for, the
5right shall be deemed to have accrued when the claimant, or the
6person under whom he or she claims, first became entitled to
7the possession of the premises under the title upon which the
8entry or the action is founded.
9(Source: P.A. 84-549.)