103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5038

 

Introduced 2/8/2024, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Records Act, the Secretary of State Merit Employment Code, the State Library Act, the Illinois Literacy Act, the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act, the Illinois Vehicle Code, the Uniform Real Property Electronic Recording Act, and the Motor Vehicle Franchise Act. Provides that an appointed Board, Foundation, or Council member who fails to attend in person 2 consecutive Board, Foundation, or Council meetings without an excused absence shall no longer serve as a member. Requires the Secretary of State to fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. Requires the Boards to evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. Provides that if no final action is required under the Open Meetings Act, a member may participate in the meeting by virtual presence. Amends the Court of Claims Act. Provides the court shall hold sessions at such places or remotely as it deems necessary to expedite the business of the court. Allows the court to adopt administrative rules to provide for remote participation and electronic filing in any proceeding and for the conduct of any business of the court. Allows the clerk of the court to administratively determine certain claims against the State if the claim possesses specified characteristics. Provides that one judge may decide on claims made with respect to lapsed appropriations or matters involving the award of emergency funds under the Crime Victims Compensation Act. Provides that all claims filed under the Crime Victims Compensation Act must be filed within 5 years (rather than one year) of the crime on which the claim is based. Makes other changes.


LRB103 37106 MXP 67225 b

 

 

A BILL FOR

 

HB5038LRB103 37106 MXP 67225 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Records Act is amended by changing
5Sections 22a and 22b as follows:
 
6    (5 ILCS 160/22a)  (from Ch. 116, par. 43.25a)
7    Sec. 22a. There is hereby created the State Archives
8Advisory Board consisting of 12 voting members and 2 nonvoting
9members.
10    The voting members shall be appointed by the Secretary of
11State as follows: A member of the State Records Commission, a
12member of a Local Records Commission, a member of a local
13historical society or museum, a university archivist, a person
14in the field of education specializing in either history or
15political science, a genealogist, a research or reference
16librarian, a person who is employed or engaged as an archivist
17by a business establishment and 4 public members.
18    The nonvoting members shall be the Director of the State
19Library and the Executive Director of the Abraham Lincoln
20Presidential Library and Museum who shall serve ex-officio.
21    Four of the initial appointees shall serve a 1-year term;
22four shall serve 2-year terms; and the remaining 4 shall serve
233-year terms. The terms of the initial appointees shall be

 

 

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1specified by the Secretary of State at the time of
2appointments. Subsequent to the initial appointments all
3members shall hold office for a period of 3 years. Vacancies
4shall be filled by appointment of the Secretary of State for
5the unexpired balance of the term. No person shall serve for
6more than 2 consecutive 3-year terms.
7    The State Archives Advisory Board shall elect from its own
8members one chairman and one vice chairman.
9    The members appointed to the Board shall serve without
10compensation but shall be reimbursed for necessary expenses
11incurred in the performance of their duties.
12    An appointed member who fails to attend in person 2
13consecutive Board meetings without an excused absence shall no
14longer serve as a member. If attendance by virtual attendance
15at a meeting is permitted under Section 22b and an appointed
16member fails to attend either in person or by virtual
17presence, the member shall be deemed to have failed to attend
18that meeting. If attendance by virtual attendance at a meeting
19is not permitted and an appointed member fails to attend in
20person, the member shall be deemed to have failed to attend
21that meeting. The Secretary of State shall fill any vacancy by
22the appointment of a member for the unexpired term of the
23member in the same manner as in the making of original
24appointments.
25(Source: P.A. 102-985, eff. 1-1-23.)
 

 

 

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1    (5 ILCS 160/22b)  (from Ch. 116, par. 43.25b)
2    Sec. 22b. The State Archives Advisory Board shall meet at
3the call of the chairman, but not less than 3 times in each
4calendar year, and shall make recommendations to the State
5Archivist on such matters as: general policies regarding the
6operation of the State archives; budget policies relative to
7annual appropriations by the General Assembly; and policies
8for federal funded archives programs.
9    The Board shall evenly divide its meetings between Chicago
10and Springfield unless good cause exists to meet in one
11location over the other. If no final action is required under
12Section 2.01 of the Open Meetings Act, a member may
13participate in the meeting by virtual presence.
14(Source: P.A. 83-523.)
 
15    Section 10. The Secretary of State Merit Employment Code
16is amended by changing Section 8b as follows:
 
17    (15 ILCS 310/8b)  (from Ch. 124, par. 108b)
18    Sec. 8b. Meetings. The Merit Commission shall meet
19periodically in accordance with a schedule established by the
20chairman and at such other times as necessary, upon a
21three-day written notice. Three members shall constitute a
22quorum.
23    An appointed member who fails to attend in person 2
24consecutive Commission meetings without an excused absence

 

 

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1shall no longer serve as a member. If attendance by virtual
2attendance at a meeting is permitted under this Section and an
3appointed member fails to attend either in person or by
4virtual presence, the member shall be deemed to have failed to
5attend that meeting. If attendance by virtual attendance at a
6meeting is not permitted and an appointed member fails to
7attend in person, the member shall be deemed to have failed to
8attend that meeting. The Secretary of State shall fill any
9vacancy by the appointment of a member for the unexpired term
10of the member in the same manner as in the making of original
11appointments. The Commission shall evenly divide its meetings
12between Chicago and Springfield unless good cause exists to
13meet in one location over the other. If no final action is
14required under Section 2.01 of the Open Meetings Act, a member
15may participate in the meeting by virtual presence.
16(Source: P.A. 89-375, eff. 8-18-95.)
 
17    Section 15. The State Library Act is amended by changing
18Sections 5 and 7.2 as follows:
 
19    (15 ILCS 320/5)  (from Ch. 128, par. 105)
20    Sec. 5. State Library Advisory Committee. There is hereby
21created an Advisory Library Committee whose duty it shall be
22to make recommendations concerning the policies, services, and
23management of the State Library. The Advisory Committee shall
24additionally advise the State Library in the development of

 

 

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1State and federal library plans; provide input in addressing
2policies, issues, and activities for library development and
3cooperation among different types of libraries; make
4recommendations concerning the evaluation of statewide
5services; and address the use of technology to expand access
6to information for the State's citizens.
7    The Committee shall consist of 20 persons appointed by the
8State Librarian. The appointments shall consist of the
9following:
10    13 Library professionals broadly representative of
11Illinois libraries (including academic, public, school, and
12special libraries), library systems and other consortia; and
13    7 citizens.
14    Additional persons may be made ex officio members of the
15Committee, but without voting powers.
16    The Director of the State Library shall serve as Secretary
17of the Committee but may vote only to break tie votes.
18    The Advisory Committee shall elect its own chairman and
19vice chairman and committee members shall serve without
20compensation but may be reimbursed for expenses incurred as
21members of the committee.
22    Each committee member shall serve for a term of 3 years, or
23until his or her successor is appointed, and the State
24Librarian may stagger the terms. No person shall serve for
25more than 2 consecutive 3-year terms.
26    An appointed member who fails to attend in person 2

 

 

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1consecutive Committee meetings without an excused absence
2shall no longer serve as a member. If attendance by virtual
3attendance at a meeting is permitted under this Section and an
4appointed member fails to attend either in person or by
5virtual presence, the member shall be deemed to have failed to
6attend that meeting. If attendance by virtual attendance at a
7meeting is not permitted and an appointed member fails to
8attend in person, the member shall be deemed to have failed to
9attend that meeting. The State Librarian shall fill any
10vacancy by the appointment of a member for the unexpired term
11of the member in the same manner as in the making of original
12appointments. The Committee shall evenly divide its meetings
13between Chicago and Springfield unless good cause exists to
14meet in one location over the other. If no final action is
15required under Section 2.01 of the Open Meetings Act, a member
16may participate in the meeting by virtual presence.
17(Source: P.A. 91-507, eff. 8-13-99.)
 
18    (15 ILCS 320/7.2)  (from Ch. 128, par. 107.2)
19    Sec. 7.2. Literacy Advisory Board. There is created a
20Literacy Advisory Board, consisting of the Secretary of State
21or his designee as chairperson, 2 members from the Illinois
22State Library or their designees, 2 members from the Illinois
23State Board of Education or their designees and 3 Illinois
24citizens interested in the literacy issue, all appointed by
25the Secretary of State. The Literacy Advisory Board shall

 

 

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1review community and workplace proposals for funding of
2literacy programs in Illinois submitted through the Office of
3the Secretary of State and recommend to the Secretary of State
4those deserving of funding. The Illinois State Library may
5promulgate rules and regulations to establish standards for
6literacy program funding criteria.
7    An appointed member who fails to attend in person 2
8consecutive Board meetings without an excused absence shall no
9longer serve as a member. If attendance by virtual attendance
10at a meeting is permitted under this Section and an appointed
11member fails to attend either in person or by virtual
12presence, the member shall be deemed to have failed to attend
13that meeting. If attendance by virtual attendance at a meeting
14is not permitted and an appointed member fails to attend in
15person, the member shall be deemed to have failed to attend
16that meeting. The Board shall evenly divide its meetings
17between Chicago and Springfield unless good cause exists to
18meet in one location over the other. If no final action is
19required under Section 2.01 of the Open Meetings Act, a member
20may participate in the meeting by virtual presence.
21(Source: P.A. 91-507, eff. 8-13-99.)
 
22    Section 20. The Illinois Literacy Act is amended by
23changing Section 40 as follows:
 
24    (15 ILCS 322/40)  (from Ch. 128, par. 240)

 

 

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1    Sec. 40. Illinois Literacy Foundation.
2    (a) The Secretary of State is authorized in accordance
3with Section 10 of the State Agency Entity Creation Act to
4create a not-for-profit foundation which shall be known as the
5Illinois Literacy Foundation. The Secretary shall file
6articles of incorporation and bylaws as required under the
7General Not For Profit Corporation Act of 1986 to create the
8Foundation. There shall be not less than 6 nor more than 11
9Directors to the Foundation to be appointed by the Secretary
10of State. The Secretary of State or his or her designee shall
11serve as an ex officio ex-officio Director of the Foundation.
12No Director may receive compensation for his or her services
13to the Foundation. An appointed member who fails to attend in
14person 2 consecutive Board meetings without an excused absence
15shall no longer serve as a member. If attendance by virtual
16attendance at a meeting is permitted under subsection (e) and
17an appointed member fails to attend either in person or by
18virtual presence, the member shall be deemed to have failed to
19attend that meeting. If attendance by virtual attendance at a
20meeting is not permitted and an appointed member fails to
21attend in person, the member shall be deemed to have failed to
22attend that meeting.
23    (b) The purposes of the Foundation are to promote literacy
24among the residents of the State of Illinois by supporting
25literacy programs and enhancing Statewide literacy awareness;
26to make grants and gifts in aid and support of the goal; and to

 

 

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1engage generally in other lawful endeavors consistent with the
2foregoing purposes. The Foundation shall not exceed the
3provisions of the General Not For Profit Corporation Act of
41986.
5    (c) As soon as practicable after the Foundation is
6created, the Directors shall meet, organize, and designate, by
7majority vote, a Chairman, Secretary, and any additional
8officers as may be needed to carry out the activities of the
9Foundation. The Secretary of State may adopt rules and
10regulations as deemed necessary to govern Foundation
11procedures.
12    (d) The Foundation may accept gifts or grants from the
13federal government, its agencies or officers, or from any
14person, firm, or corporation; and may expend receipts on
15activities that it considers suitable to the performance of
16its duties under this Section. Funds collected by the
17Foundation shall be considered private funds and shall be held
18in an appropriate account outside of the State Treasury. The
19treasurer of the Foundation shall be custodian of all
20Foundation funds. The Foundation's accounts and books shall be
21set up and maintained in a manner approved by the Auditor
22General and the Foundation and its officers shall be
23responsible for the approval of recording of receipts,
24approval of payments, and the proper filing of required
25reports. The Foundation may be assisted in carrying out its
26functions by personnel of the Office of the Secretary of State

 

 

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1with respect to matters falling within their scope and
2function. The Foundation shall cooperate fully with the
3boards, commissions, agencies, departments and institutions of
4the State. The funds held and made available by the Illinois
5Literacy Foundation shall be subject to financial and
6compliance audits by the Auditor General in compliance with
7the Illinois State Auditing Act.
8    (e) The Foundation shall evenly divide its meetings
9between Chicago and Springfield unless good cause exists to
10meet in one location over the other. If no final action is
11required under Section 2.01 of the Open Meetings Act, a member
12may participate in the meeting by virtual presence.
13(Source: P.A. 87-1249.)
 
14    Section 25. The Illinois Vehicle Hijacking and Motor
15Vehicle Theft Prevention and Insurance Verification Act is
16amended by changing Section 4 as follows:
 
17    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 4. There is hereby created an Illinois Vehicle
20Hijacking and Motor Vehicle Theft Prevention and Insurance
21Verification Council, which shall exercise its powers, duties
22and responsibilities. There shall be 11 members of the Council
23consisting of the Secretary of State or his designee, the
24Director of the Illinois State Police, the State's Attorney of

 

 

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1Cook County, the Superintendent of the Chicago Police
2Department, and the following 7 additional members, each of
3whom shall be appointed by the Secretary of State: a state's
4attorney of a county other than Cook, a chief executive law
5enforcement official from a jurisdiction other than the City
6of Chicago, 5 representatives of insurers authorized to write
7motor vehicle insurance in this State, all of whom shall be
8domiciled in this State.
9    The Director shall be the Chairman of the Council. All
10members of the Council appointed by the Secretary shall serve
11at the discretion of the Secretary for a term not to exceed 4
12years. The Council shall meet at least quarterly. An appointed
13member who fails to attend in person 2 consecutive Council
14meetings without an excused absence shall no longer serve as a
15member. If attendance by virtual attendance at a meeting is
16permitted under this Section and an appointed member fails to
17attend either in person or by virtual presence, the member
18shall be deemed to have failed to attend that meeting. If
19attendance by virtual attendance at a meeting is not permitted
20and an appointed member fails to attend in person, the member
21shall be deemed to have failed to attend that meeting. The
22Secretary of State shall fill any vacancy by the appointment
23of a member for the unexpired term of the member in the same
24manner as in the making of original appointments. The Council
25shall evenly divide its meetings between Chicago and
26Springfield unless good cause exists to meet in one location

 

 

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1over the other. If no final action is required under Section
22.01 of the Open Meetings Act, a member may participate in the
3meeting by virtual presence.
4(Source: P.A. 102-538, eff. 8-20-21; 102-904, eff. 1-1-23.)
 
5    Section 30. The Illinois Vehicle Code is amended by
6changing Sections 5-102.7 and 6-902 as follows:
 
7    (625 ILCS 5/5-102.7)
8    Sec. 5-102.7. Dealer Recovery Trust Fund.
9    (a) The General Assembly finds that motor vehicle dealers
10that go out of business without fulfilling agreements to pay
11off the balance of their customers' liens on traded-in
12vehicles cause financial harm to those customers by leaving
13those customers liable for multiple vehicle loans and cause
14harm to the integrity of the motor vehicle retailing industry.
15It is the intent of the General Assembly to protect vehicle
16purchasers by creating a Dealer Recovery Trust Fund to
17reimburse these consumers.
18    (b) The Dealer Recovery Trust Fund shall be used solely
19for the limited purpose of helping victims of dealership
20closings. Any interest accrued by moneys in the Fund shall be
21deposited and become part of the Dealer Recovery Trust Fund
22and its purpose. The sole beneficiaries of the Dealer Recovery
23Trust Fund are victims of dealership closings.
24    (c) Except where the context otherwise requires, the

 

 

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1following words and phrases, when used in this Section, have
2the meanings ascribed to them in this subsection (c):
3    "Applicant" means a person who applies for reimbursement
4from the Dealer Recovery Trust Fund Board.
5    "Board" means the Dealer Recovery Trust Fund Board created
6under this Section.
7    "Dealer" means a new vehicle dealer licensed under Section
85-101, a used vehicle dealer licensed under Section 5-102, or
9a Buy Here, Pay Here used vehicle dealer licensed under
105-102.8, excepting a dealer who primarily sells mobile homes,
11recreational vehicles, or trailers.
12    "Fund" means the Dealer Recovery Trust Fund created under
13this Section.
14    "Fund Administrator" means the private entity, which shall
15be appointed by the Board, that administers the Dealer
16Recovery Trust Fund.
17    (d) Beginning October 1, 2011, each application or renewal
18for a new vehicle dealer's license and each application or
19renewal for a Buy Here, Pay Here used vehicle dealer licensed
20under 5-102.8 or a used vehicle dealer's license shall be
21accompanied by the applicable Annual Dealer Recovery Fund Fee
22under Section 5-101 or 5-102 of this Code. The fee shall be in
23addition to any other fees imposed under this Article, shall
24be submitted at the same time an application or renewal for a
25new vehicle dealer's license, used vehicle dealer's license,
26or Buy Here, Pay Here used vehicle dealer is submitted, and

 

 

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1shall be made payable to and remitted directly to the Dealer
2Recovery Trust Fund, a trust fund outside of the State
3Treasury which is hereby created. In addition, the Dealer
4Recovery Trust Fund may accept any federal, State, or private
5moneys for deposit into the Fund.
6    (e) The Fund Administrator shall maintain a list of all
7dealers who have paid the fee under subsection (d) of this
8Section for the current year, which shall be available to the
9Secretary of State and the Board. The Secretary of State shall
10revoke the dealer license of any dealer who does not pay the
11fee imposed under subsection (d) of this Section. The
12Secretary of State and the Fund Administrator may enter into
13information sharing agreements as needed to implement this
14Section.
15    (f) The Fund shall be audited annually by an independent
16auditor who is a certified public accountant and who has been
17selected by the Board. The independent auditor shall compile
18an annual report, which shall be filed with the Board and shall
19be a public record. The auditor shall be paid by the Fund,
20pursuant to an order of the Board.
21    (g) The Fund shall be maintained by the Fund
22Administrator, who shall keep current records of the amounts
23deposited into the Fund and the amounts paid out of the Fund
24pursuant to an order of the Board. These records shall be made
25available to all members of the Board upon reasonable request
26during normal business hours. The Fund Administrator shall

 

 

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1report the balance in the Fund to the Board monthly, by the
215th day of each month. For purposes of determining the amount
3available to pay claims under this Section at any meeting of
4the Board, the Board shall use the Fund Administrator's most
5recent monthly report. The Fund Administrator shall purchase
6liability insurance to cover management of the Fund at a cost
7not to exceed 2% of the balance in the Fund as of January 15th
8of that year.
9    (h) In any year for which the balance in the Fund as of
10August 31st is greater than $3,500,000, the Fund Administrator
11shall notify the Secretary of State and the Secretary of State
12shall suspend collection of the fee for the following year for
13any dealer who has not had a claim paid from the Fund, has not
14had his or her license suspended or revoked, and has not been
15assessed any civil penalties under this Code during the 3
16previous years.
17    (i) Moneys in the Dealer Recovery Trust Fund may be paid
18from the Fund only as directed by a written order of the Board
19and used only for the following purposes:
20        (i) to pay claims under a written order of the Board as
21    provided in this Section; or
22        (ii) to reimburse the Fund Administrator for its
23    expenses related to the administration of the Fund,
24    provided that the reimbursement to the Fund Administrator
25    in any year shall not exceed 2% of the balance in the Fund
26    as of January 15th of that year.

 

 

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1    (j) The Dealer Recovery Trust Fund Board is hereby
2created. The Board shall consist of the Secretary of State, or
3his or her designee, who shall serve as chair, the Attorney
4General, or his or her designee, who shall serve as secretary,
5and one person alternatively representing new and independent
6Illinois automobile dealers, selected collectively by the
7Attorney General, or his or her designee, and the Secretary of
8State, or his or her designee. The Secretary of State may
9propose procedures and employ personnel as necessary to
10implement this Section. The Board shall meet quarterly, and as
11needed, as directed by the chair. An appointed member who
12fails to attend in person 2 consecutive Board meetings without
13an excused absence shall no longer serve as a member. If
14attendance by virtual attendance at a meeting is permitted
15under this Section and an appointed member fails to attend
16either in person or by virtual presence, the member shall be
17deemed to have failed to attend that meeting. If attendance by
18virtual attendance at a meeting is not permitted and an
19appointed member fails to attend in person, the member shall
20be deemed to have failed to attend that meeting. The Attorney
21General or the Secretary of State shall fill any vacancy by the
22appointment of a member for the unexpired term of the member in
23the same manner as in the making of original appointments. The
24Board shall evenly divide its meetings between Chicago and
25Springfield unless good cause exists to meet in one location
26over the other. If no final action is required under Section

 

 

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12.01 of the Open Meetings Act, a member may participate in the
2meeting by virtual presence. The Board may not pay out any
3claims before the balance deposited into the Fund exceeds
4$500,000. Board meetings shall be open to the public. The
5Board has the authority to take any action by at least a
6two-thirds majority vote.
7    (k) The following persons may apply to the Board for
8reimbursement from the Dealer Recovery Trust Fund:
9        (i) A retail customer who, on or after October 1,
10    2011, purchases a vehicle from a dealer who subsequently
11    files for bankruptcy or whose vehicle dealer's license is
12    subsequently revoked by the Secretary of State or
13    otherwise terminated and, as part of the purchase
14    transaction, trades in a vehicle with an outstanding lien
15    to the dealer if lien satisfaction was a condition of the
16    purchase agreement and the retail customer determines that
17    the lien has not been satisfied;
18        (ii) A retail customer who, on or after October 1,
19    2011, purchases a vehicle with an undisclosed lien from a
20    dealer who subsequently files for bankruptcy or whose
21    vehicle dealer's license is subsequently revoked by the
22    Secretary of State or otherwise terminated;
23        (iii) A dealer who, on or after October 1, 2011,
24    purchases a vehicle with an undisclosed lien from another
25    dealer who subsequently files for bankruptcy or whose
26    vehicle dealer's license is subsequently revoked by the

 

 

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1    Secretary of State or otherwise terminated.
2    (l) To be considered by the Board, an applicant must
3submit his or her claim to the Board within 2 years after the
4date of the transaction that gave rise to the claim.
5    (m) At each meeting of the Board, it shall consider all
6claims that are properly submitted to it on forms prescribed
7by the Secretary of State at least 30 days before the date of
8the Board's meeting. Before the Board may consider a claim
9against a dealer, it must make a written determination that
10the dealer has filed for bankruptcy under the provisions of 11
11U.S.C. Chapter 7; that the Secretary of State has revoked his
12or her dealer's license; or that the license has been
13otherwise terminated. Once the Board has made this
14determination, it may consider the applicant's claim against
15the dealer. If a two-thirds majority of the Board determines
16that the dealer has committed a violation under subsection
17(k), it shall grant the applicant's claim. Except as otherwise
18provided in this Section, the maximum amount of any award for a
19claim under paragraph (i) of subsection (k) of this Section
20shall be equal to the amount of the unpaid balance of the lien
21that the dealer agreed to pay off on behalf of the applicant as
22shown on the bill of sale or the retail installment sales
23contract. The maximum amount of any claim under paragraph (ii)
24or (iii) of subsection (k) of this Section shall be equal to
25the amount of the undisclosed lien. However, no award for a
26claim under subsection (k) of this Section shall exceed

 

 

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1$35,000.
2    (n) If the balance in the Fund at the time of any Board
3meeting is less than the amount of the total amount of all
4claims awarded at that meeting, then all awards made at that
5meeting shall be reduced, pro rata, so that the amount of
6claims does not exceed the balance in the Fund. Before it
7reviews new claims, the Board shall issue written orders to
8pay the remaining portion of any claims that were so reduced,
9provided that the balance in the Fund is sufficient to pay
10those claims.
11    (o) Whenever the balance of the Fund falls below $500,000,
12the Board may charge dealers an additional assessment of up to
13$50 to bring the balance to at least $500,000. Not more than
14one additional assessment may be made against a dealer in any
1512-month period.
16    (p) If the total amount of claims awarded against any
17dealer exceeds 33% of the balance in the Fund, the Board may
18permanently reduce the amount of those claims, pro rata, so
19that those claims do not exceed 33% of the balance in the Fund.
20    (q) The Board shall issue a written order directing the
21Fund Administrator to pay an applicant's claim to a secured
22party where the Board has received a signed agreement between
23the applicant and the secured party holding the lien. The
24agreement must (i) state that the applicant and the secured
25party agree to accept payment from the Fund to the secured
26party as settlement in full of all claims against the dealer;

 

 

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1and (ii) release the lien and the title, if applicable, to the
2vehicle that was the subject of the claim. The written order
3shall state the amount of the claim and the name and address of
4the secured party to whom the claim shall be paid. The Fund
5Administrator shall pay the claim within 30 days after it
6receives the Board's order.
7    (r) No dealer or principal associated with a dealer's
8license is eligible for licensure, renewal or relicensure
9until the full amount of reimbursement for an unpaid claim,
10plus interest as determined by the Board, is paid to the Fund.
11Nothing in this Section shall limit the authority of the
12Secretary of State to suspend, revoke, or levy civil penalties
13against a dealer, nor shall full repayment of the amount owed
14to the Fund nullify or modify the effect of any action by the
15Secretary.
16    (s) Nothing in this Section shall limit the right of any
17person to seek relief though civil action against any other
18person as an alternative to seeking reimbursement from the
19Fund.
20(Source: P.A. 101-505, eff. 1-1-20.)
 
21    (625 ILCS 5/6-902)  (from Ch. 95 1/2, par. 6-902)
22    Sec. 6-902. Driver's License Medical Advisory Board;
23membership; terms; compensation; meetings.
24    (a) There is established within the Office of the
25Secretary of State a Driver's License Medical Advisory Board

 

 

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1consisting of at least 9 members appointed by the Secretary.
2Members' terms of service shall be set by the Secretary at his
3or her discretion. The members of the Board shall receive
4compensation from the Secretary at a rate per day designated
5by the Secretary for each day required for transacting
6business of the Board and shall be reimbursed for expenses
7reasonably incurred in the performance of their duties. The
8Secretary may also call in allied medical personnel to advise
9and consult with the Board. The Secretary shall select one of
10the members to act as Chairperson.
11    (b) The Board, or any of its subdivisions, shall evenly
12divide its meetings between Chicago and Springfield unless
13good cause exists to meet in one location over the other may
14meet at any place within the State and shall meet at the call
15of the Secretary as frequently as he or she deems necessary in
16order to properly discharge the functions prescribed by this
17Act. If no final action is required under Section 2.01 of the
18Open Meetings Act, a member may participate in the meeting by
19virtual presence. A member who fails to attend in person 2
20consecutive Board meetings without an excused absence shall no
21longer serve as a member. The Secretary of State shall fill any
22vacancy by the appointment of a member for the unexpired term
23of the member in the same manner as in the making of original
24appointments. If attendance by virtual attendance at a meeting
25is permitted under this subsection and an appointed member
26fails to attend either in person or by virtual presence, the

 

 

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1member shall be deemed to have failed to attend that meeting.
2If attendance by virtual attendance at a meeting is not
3permitted and an appointed member fails to attend in person,
4the member shall be deemed to have failed to attend that
5meeting.
6(Source: P.A. 87-1249.)
 
7    Section 35. The Court of Claims Act is amended by changing
8Sections 6, 10, 13, 16, 21, and 22 as follows:
 
9    (705 ILCS 505/6)  (from Ch. 37, par. 439.6)
10    Sec. 6. The court shall hold sessions at such places or
11remotely as it deems necessary to expedite the business of the
12court. The court may adopt administrative rules to provide for
13remote participation and electronic filing in any proceeding
14and for the conduct of any business of the court.
15(Source: P.A. 90-492, eff. 8-17-97.)
 
16    (705 ILCS 505/10)  (from Ch. 37, par. 439.10)
17    Sec. 10. (a) The judges, commissioners and the clerk of
18the court may administer oaths and affirmations, take
19acknowledgments of instruments in writing, and give
20certificates of them.
21    (b) The clerk of the court is authorized to
22administratively determine certain claims against the State if
23the claim possesses all of the following characteristics:

 

 

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1        (1) The claim does not arise under an appropriation
2    for the current fiscal year.
3        (2) The State agency concerned concurs in the claim.
4        (3) The amount claimed does not exceed $2,500.
5        (4) The claim has been approved by the Attorney
6    General as one that, in view of the purposes of this Act,
7    should be paid.
8    The State agency concerned shall prepare the record of the
9claim consisting of all papers, stipulations, and evidential
10documents required by the rules of the court and file the same
11with the clerk. The clerk shall consider the claim informally
12upon the record submitted. If the clerk determines that the
13claim should be entered as an approved claim and an award made,
14the clerk shall so order and shall file a statement with the
15court. If the clerk finds that the record is inadequate, or
16that the claim should not be paid, the clerk shall reject the
17claim. The rejection of a claim under this Section does not bar
18its resubmission under the regular procedure.
19    (c) The judges, commissioners, and the clerk of the court
20may conduct any activity of the court remotely.
21    (d) The Court of Claims may adopt administrative rules to
22implement this Section.
23(Source: Laws 1945, p. 660.)
 
24    (705 ILCS 505/13)  (from Ch. 37, par. 439.13)
25    Sec. 13. Evidence. Any judge or commissioner of the court

 

 

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1may sit at any place within the State to take evidence in any
2case in the court. Any judge or commissioner may take evidence
3remotely.
4(Source: Laws 1945, p. 660.)
 
5    (705 ILCS 505/16)  (from Ch. 37, par. 439.16)
6    Sec. 16. Concurrence of judges. Concurrence of 4 judges is
7necessary to the decision of any case; provided, however, the
8court in its discretion may assign any case to a commissioner
9for hearing and final decision, subject to whatever right of
10review the court by rule may choose to exercise. In matters
11involving claims made with respect to lapsed appropriations or
12the award of emergency funds under the Crime Victims
13Compensation Act, the decision of only one judge is necessary
14to award emergency funds.
15(Source: P.A. 92-286, eff. 1-1-02.)
 
16    (705 ILCS 505/21)  (from Ch. 37, par. 439.21)
17    Sec. 21. The court is authorized to impose, by uniform
18rules, a fee of $15 for the filing of a petition in any case in
19which the award sought is more than $50 and less than $1,000
20and $35 in any case in which the award sought is $1,000 or
21more; and to charge and collect for copies of opinions or other
22documents filed in the Court of Claims such fees as may be
23prescribed by the rules of the Court. All fees and charges so
24collected shall be forthwith paid into the State Treasury.

 

 

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1    The court may determine the form and manner of all filing
2fees and other charges due the court by administrative rule.
3    A petitioner who is a prisoner in an Illinois Department
4of Corrections facility who files a pleading, motion, or other
5filing that purports to be a legal document against the State,
6the Illinois Department of Corrections, the Prisoner Review
7Board, or any of their officers or employees in which the court
8makes a specific finding that it is frivolous shall pay all
9filing fees and court costs in the manner provided in Article
10XXII of the Code of Civil Procedure.
11    In claims based upon lapsed appropriations or lost warrant
12or in claims filed under the Line of Duty Compensation Act, the
13Illinois National Guardsman's Compensation Act, or the Crime
14Victims Compensation Act or in claims filed by medical vendors
15for medical services rendered by the claimant to persons
16eligible for Medical Assistance under programs administered by
17the Department of Healthcare and Family Services, no filing
18fee shall be required.
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)
21    Sec. 22. Every claim cognizable by the court and not
22otherwise sooner barred by law shall be forever barred from
23prosecution therein unless it is filed with the clerk of the
24court within the time set forth as follows:
25        (a) All claims arising out of a contract must be filed

 

 

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1    within 5 years after it first accrues, saving to minors,
2    and persons under legal disability at the time the claim
3    accrues, in which cases the claim must be filed within 5
4    years from the time the disability ceases.
5        (b) All claims cognizable against the State by vendors
6    of goods or services under the Illinois Public Aid Code
7    must be filed within one year after the accrual of the
8    cause of action, as provided in Section 11-13 of that
9    Code.
10        (c) All claims arising under paragraph (c) of Section
11    8 of this Act must be automatically heard by the court
12    within 120 days after the person asserting such claim is
13    either issued a certificate of innocence from the circuit
14    court as provided in Section 2-702 of the Code of Civil
15    Procedure, or is granted a pardon by the Governor,
16    whichever occurs later, without the person asserting the
17    claim being required to file a petition under Section 11
18    of this Act, except as otherwise provided by the Crime
19    Victims Compensation Act. Any claims filed by the claimant
20    under paragraph (c) of Section 8 of this Act must be filed
21    within 2 years after the person asserting such claim is
22    either issued a certificate of innocence as provided in
23    Section 2-702 of the Code of Civil Procedure, or is
24    granted a pardon by the Governor, whichever occurs later.
25        (d) All claims arising under paragraph (f) of Section
26    8 of this Act must be filed within the time set forth in

 

 

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1    Section 3 of the Line of Duty Compensation Act.
2        (e) All claims arising under paragraph (h) of Section
3    8 of this Act must be filed within one year of the date of
4    the death of the guardsman or militiaman as provided in
5    Section 3 of the Illinois National Guardsman's
6    Compensation Act.
7        (f) All claims arising under paragraph (g) of Section
8    8 of this Act must be filed within 5 years one year of the
9    crime on which a claim is based as provided in Section 6.1
10    of the Crime Victims Compensation Act.
11        (g) All claims arising from the Comptroller's refusal
12    to issue a replacement warrant pursuant to Section 10.10
13    of the State Comptroller Act must be filed within 5 years
14    after the date of the Comptroller's refusal.
15        (h) All other claims must be filed within 2 years
16    after it first accrues, saving to minors, and persons
17    under legal disability at the time the claim accrues, in
18    which case the claim must be filed within 2 years from the
19    time the disability ceases.
20        (i) The changes made by Public Act 86-458 apply to all
21    warrants issued within the 5-year period preceding August
22    31, 1989 (the effective date of Public Act 86-458). The
23    changes made to this Section by Public Act 100-1124 apply
24    to claims pending on November 27, 2018 (the effective date
25    of Public Act 100-1124) and to claims filed thereafter.
26        (j) All time limitations established under this Act

 

 

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1    and the rules promulgated under this Act shall be binding
2    and jurisdictional, except upon extension authorized by
3    law or rule and granted pursuant to a motion timely filed.
4(Source: P.A. 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
5    Section 40. The Uniform Real Property Electronic Recording
6Act is amended by changing Section 5 as follows:
 
7    (765 ILCS 33/5)
8    Sec. 5. Administration and standards.
9    (a) To adopt standards to implement this Act, there is
10established, within the Office of the Secretary of State, the
11Illinois Electronic Recording Commission consisting of 17
12commissioners as follows:
13        (1) The Secretary of State or the Secretary's designee
14    shall be a permanent commissioner.
15        (2) The Secretary of State shall appoint the following
16    additional 16 commissioners:
17            (A) Three who are from the land title profession.
18            (B) Three who are from lending institutions.
19            (C) One who is an attorney.
20            (D) Seven who are county recorders, no more than 4
21        of whom are from one political party, representative
22        of counties of varying size, geography, population,
23        and resources.
24            (E) Two who are licensed real estate brokers or

 

 

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1        managing brokers under the Real Estate License Act of
2        2000.
3        (3) On August 27, 2007 (the effective date of this
4    Act), the Secretary of State or the Secretary's designee
5    shall become the Acting Chairperson of the Commission. The
6    Secretary shall appoint the initial commissioners within
7    60 days and hold the first meeting of the Commission
8    within 120 days, notifying commissioners of the time and
9    place of the first meeting with at least 14 days' notice.
10    At its first meeting the Commission shall adopt, by a
11    majority vote, such rules and structure that it deems
12    necessary to govern its operations, including the title,
13    responsibilities, and election of officers. Once adopted,
14    the rules and structure may be altered or amended by the
15    Commission by majority vote. Upon the election of officers
16    and adoption of rules or bylaws, the duties of the Acting
17    Chairperson shall cease.
18        (4) The Commission shall meet at least once every year
19    within the State of Illinois. The time and place of
20    meetings to be determined by the Chairperson and approved
21    by a majority of the Commission.
22        (5) Nine commissioners shall constitute a quorum.
23        (6) Commissioners shall receive no compensation for
24    their services but may be reimbursed for reasonable
25    expenses at current rates in effect at the Office of the
26    Secretary of State, directly related to their duties as

 

 

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1    commissioners and participation at Commission meetings or
2    while on business or at meetings which have been
3    authorized by the Commission.
4        (7) Appointed commissioners shall serve terms of 3
5    years, which shall expire on December 1st. Five of the
6    initially appointed commissioners, including at least 2
7    county recorders, shall serve terms of one year, 5 of the
8    initially appointed commissioners, including at least 2
9    county recorders, shall serve terms of 2 years, and 4 of
10    the initially appointed commissioners shall serve terms of
11    3 years, to be determined by lot. Of the commissioners
12    appointed under subparagraph (E) of paragraph (2) of this
13    subsection, one of the initially appointed commissioners
14    shall serve a term of 2 years and one of the initially
15    appointed commissioners shall serve a term of 3 years, to
16    be determined by lot. The calculation of the terms in
17    office of the initially appointed commissioners shall
18    begin on the first December 1st after the commissioners
19    have served at least 6 months in office.
20        (8) The Chairperson shall declare a commissioner's
21    office vacant immediately after receipt of a written
22    resignation, death, a recorder commissioner no longer
23    holding the public office, or under other circumstances
24    specified within the rules adopted by the Commission,
25    which shall also by rule specify how and by what deadlines
26    a replacement is to be appointed.

 

 

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1        (9) An appointed commissioner who fails to attend in
2    person 2 consecutive Commission meetings without an
3    excused absence shall no longer serve as a commissioner.
4    If attendance by virtual attendance at a meeting is
5    permitted under this Section and an appointed commissioner
6    fails to attend either in person or by virtual presence,
7    the commissioner shall be deemed to have failed to attend
8    that meeting. If attendance by virtual attendance at a
9    meeting is not permitted and an appointed commissioner
10    fails to attend in person, the commissioner shall be
11    deemed to have failed to attend that meeting. The
12    Secretary of State shall fill any vacancy by the
13    appointment of a commissioner for the unexpired term of
14    the member in the same manner as in the making of original
15    appointments.
16        (10) The Commission shall evenly divide its meetings
17    between Chicago and Springfield unless good cause exists
18    to meet in one location over the other.
19        (11) If no final action is required under Section 2.01
20    of the Open Meetings Act, a commissioner may participate
21    in the meeting by virtual presence.
22    (b) (Blank).
23    (c) The Commission shall adopt and transmit to the
24Secretary of State standards to implement this Act and shall
25be the exclusive entity to set standards for counties to
26engage in electronic recording in the State of Illinois.

 

 

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1    (d) To keep the standards and practices of county
2recorders in this State in harmony with the standards and
3practices of recording offices in other jurisdictions that
4enact substantially this Act and to keep the technology used
5by county recorders in this State compatible with technology
6used by recording offices in other jurisdictions that enact
7substantially this Act, the Commission, so far as is
8consistent with the purposes, policies, and provisions of this
9Act, in adopting, amending, and repealing standards shall
10consider:
11        (1) standards and practices of other jurisdictions;
12        (2) the most recent standards promulgated by national
13    standard-setting bodies, such as the Property Records
14    Industry Association;
15        (3) the views of interested persons and governmental
16    officials and entities;
17        (4) the needs of counties of varying size, population,
18    and resources; and
19        (5) standards requiring adequate information security
20    protection to ensure that electronic documents are
21    accurate, authentic, adequately preserved, and resistant
22    to tampering.
23    (e) The Commission shall review the statutes related to
24real property and the statutes related to recording real
25property documents and shall recommend to the General Assembly
26any changes in the statutes that the Commission deems

 

 

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1necessary or advisable.
2    (f) Funding. The Secretary of State may accept for the
3Commission, for any of its purposes and functions, donations,
4gifts, grants, and appropriations of money, equipment,
5supplies, materials, and services from the federal government,
6the State or any of its departments or agencies, a county or
7municipality, or from any institution, person, firm, or
8corporation. The Commission may authorize a fee payable by
9counties engaged in electronic recording to fund its expenses.
10Any fee shall be proportional based on county population or
11number of documents recorded annually. On approval by a county
12recorder of the form and amount, a county board may authorize
13payment of any fee out of the special fund it has created to
14fund document storage and electronic retrieval, as authorized
15in Section 3-5018 of the Counties Code. Any funds received by
16the Office of the Secretary of State for the Commission shall
17be used entirely for expenses approved by and for the use of
18the Commission.
19    (g) The Secretary of State shall provide administrative
20support to the Commission, including the preparation of the
21agenda and minutes for Commission meetings, distribution of
22notices and proposed rules to commissioners, payment of bills
23and reimbursement for expenses of commissioners.
24    (h) Standards and rules adopted by the Commission shall be
25delivered to the Secretary of State. Within 60 days, the
26Secretary shall either promulgate by rule the standards

 

 

HB5038- 34 -LRB103 37106 MXP 67225 b

1adopted, amended, or repealed or return them to the
2Commission, with findings, for changes. The Commission may
3override the Secretary by a three-fifths vote, in which case
4the Secretary shall publish the Commission's standards.
5(Source: P.A. 99-662, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
6    Section 45. The Motor Vehicle Franchise Act is amended by
7changing Section 16 as follows:
 
8    (815 ILCS 710/16)
9    Sec. 16. Motor Vehicle Review Board; Appointment. The
10Secretary of State shall, within 6 months of the effective
11date of this Act, establish a Motor Vehicle Review Board. The
12Motor Vehicle Review Board shall be composed of 7 members
13appointed by the Secretary of State. The members shall
14represent the public interest at large and shall not have
15engaged in the sale, manufacture, or distribution of motor
16vehicles at retail in this State. Each member of the Board
17shall receive compensation as provided in the regulations for
18performance of the duties of the office, and in addition,
19shall be paid all travel and other necessary expenses incurred
20while performing official duties. Terms of office of the
21members shall be for 3 years, except that, of the members first
22appointed to take office after the effective date of this
23amendatory Act of 1995, 2 shall be appointed for a 3-year term,
24and one shall be appointed for a 2-year term. Of the members

 

 

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1first appointed under this amendatory Act of 1996, one shall
2be appointed to a 3-year term, and one shall be appointed to a
32-year term. Of the members first appointed to take office
4after the effective date of this amendatory Act of the 91st
5General Assembly, one shall be appointed to a 3-year term and
6one shall be appointed to a 2-year term. Thereafter, each
7member shall be appointed for a 3-year term. As terms of
8appointment expire, members shall serve until their respective
9successors are appointed and qualified. No more than 4 members
10of the Board may be of the same political party. A member who
11tenders a written resignation shall serve only until the
12resignation is accepted by the Chairperson. A member who fails
13to attend in person 2 3 consecutive Board meetings without an
14excused absence shall no longer serve as a member. If
15attendance by virtual attendance at a meeting is permitted
16under this Section and an appointed member fails to attend
17either in person or by virtual presence, the member shall be
18deemed to have failed to attend that meeting. If attendance by
19virtual attendance at a meeting is not permitted and an
20appointed member fails to attend in person, the member shall
21be deemed to have failed to attend that meeting. The Secretary
22of State shall fill any vacancy by the appointment of a member
23for the unexpired term of the member in the same manner as in
24the making of original appointments. Annually, the Board shall
25organize by selecting a Chairperson from one of the 7 members
26from the public at large. The Board shall evenly divide its

 

 

HB5038- 36 -LRB103 37106 MXP 67225 b

1meetings between Chicago and Springfield unless good cause
2exists to meet in one location over the other. If no final
3action is required under Section 2.01 of the Open Meetings
4Act, a member may participate in the meeting by virtual
5presence.
6(Source: P.A. 91-798, eff. 7-9-00.)

 

 

HB5038- 37 -LRB103 37106 MXP 67225 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 160/22afrom Ch. 116, par. 43.25a
4    5 ILCS 160/22bfrom Ch. 116, par. 43.25b
5    15 ILCS 310/8bfrom Ch. 124, par. 108b
6    15 ILCS 320/5from Ch. 128, par. 105
7    15 ILCS 320/7.2from Ch. 128, par. 107.2
8    15 ILCS 322/40from Ch. 128, par. 240
9    20 ILCS 4005/4from Ch. 95 1/2, par. 1304
10    625 ILCS 5/5-102.7
11    625 ILCS 5/6-902from Ch. 95 1/2, par. 6-902
12    705 ILCS 505/6from Ch. 37, par. 439.6
13    705 ILCS 505/10from Ch. 37, par. 439.10
14    705 ILCS 505/13from Ch. 37, par. 439.13
15    705 ILCS 505/16from Ch. 37, par. 439.16
16    705 ILCS 505/21from Ch. 37, par. 439.21
17    705 ILCS 505/22from Ch. 37, par. 439.22
18    765 ILCS 33/5
19    815 ILCS 710/16