Full Text of HB1358 103rd General Assembly
HB1358enr 103RD GENERAL ASSEMBLY | | | HB1358 Enrolled | | LRB103 05107 HLH 50121 b |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.35 as follows: | 6 | | (5 ILCS 80/4.35) | 7 | | Sec. 4.35. Acts Act repealed on January 1, 2025. The | 8 | | following Acts are Act is repealed on January 1, 2025: | 9 | | The Genetic Counselor Licensing Act. | 10 | | The Illinois Certified Shorthand Reporters Act of 1984. | 11 | | (Source: P.A. 98-813, eff. 1-1-15 .) | 12 | | (5 ILCS 80/4.34 rep.) | 13 | | Section 10. The Regulatory Sunset Act is amended by | 14 | | repealing Section 4.34. | 15 | | Section 15. The Illinois Administrative Procedure Act is | 16 | | amended by changing and renumbering Section 5-45.35, as added | 17 | | by Public Act 102-1115, as follows: | 18 | | (5 ILCS 100/5-45.44) | 19 | | (Section scheduled to be repealed on January 9, 2024) | 20 | | Sec. 5-45.44 5-45.35 . Emergency rulemaking; Hate Crimes |
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| 1 | | and Bias Incident Prevention and Response Fund and Local | 2 | | Chambers of Commerce Recovery Grants. To provide for the | 3 | | expeditious and timely implementation of Public Act 102-1115 | 4 | | this amendatory Act of the 102nd General Assembly , emergency | 5 | | rules implementing Section 6z-138 of the State Finance Act may | 6 | | be adopted in accordance with Section 5-45 by the Department | 7 | | of Human Rights and emergency rules implementing Section | 8 | | 605-1105 of the Department of Commerce and Economic | 9 | | Opportunity Law of the Civil Administrative Code of Illinois | 10 | | may be adopted in accordance with Section 5-45 by the | 11 | | Department of Commerce and Economic Opportunity. The adoption | 12 | | of emergency rules authorized by Section 5-45 and this Section | 13 | | is deemed to be necessary for the public interest, safety, and | 14 | | welfare. | 15 | | This Section is repealed on March 31, 2024 one year after | 16 | | the effective date of this amendatory Act of the 102nd General | 17 | | Assembly . | 18 | | (Source: P.A. 102-1115, eff. 1-9-23; revised 9-27-23.) | 19 | | Section 20. The Election Code is amended by changing | 20 | | Section 1-23 as follows: | 21 | | (10 ILCS 5/1-23) | 22 | | (Section scheduled to be repealed on June 1, 2024) | 23 | | Sec. 1-23. Ranked-Choice and Voting Systems Task Force. | 24 | | (a) The Ranked-Choice and Voting Systems Task Force is |
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| 1 | | created. The purpose of the Task Force is to review voting | 2 | | systems and the methods of voting, including ranked-choice | 3 | | voting, that could be authorized by law. The Task Force shall | 4 | | have the following duties: | 5 | | (1) Engage election officials, interested groups, and | 6 | | members of the public for the purpose of assessing the | 7 | | adoption and implementation of ranked-choice voting in | 8 | | presidential primary elections beginning in 2028. | 9 | | (2) Review standards used to certify or approve the | 10 | | use of a voting system, including the standards adopted by | 11 | | the U.S. Election Assistance Commission and the State | 12 | | Board of Elections. | 13 | | (3) Advise whether the voting system used by Illinois | 14 | | election authorities would be able to accommodate | 15 | | alternative methods of voting, including, but not limited | 16 | | to, ranked-choice voting. | 17 | | (4) Make recommendations or suggestions for changes to | 18 | | the Election Code or administrative rules for | 19 | | certification of voting systems in Illinois to accommodate | 20 | | alternative methods of voting, including ranked-choice | 21 | | voting. | 22 | | (b) On or before June 30, 2025 March 1, 2024 , the Task | 23 | | Force shall publish a final report of its findings and | 24 | | recommendations. The report shall, at a minimum, detail | 25 | | findings and recommendations related to the duties of the Task | 26 | | Force and the following: |
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| 1 | | (1) the process used in Illinois to certify voting | 2 | | systems, including which systems can conduct ranked-choice | 3 | | voting; and | 4 | | (2) information about the voting system used by | 5 | | election authorities, including which election authorities | 6 | | rely on legacy hardware and software for voting and which | 7 | | counties and election authorities rely on equipment for | 8 | | voting that has not exceeded its usable life span but | 9 | | require a software upgrade to accommodate ranked-choice | 10 | | voting. In this paragraph, "legacy hardware and software" | 11 | | means equipment that has exceeded its usable life span. | 12 | | (c) The Task Force shall consist of the following members: | 13 | | (1) 4 members, appointed by the Senate President, | 14 | | including 2 members of the Senate and 2 members of the | 15 | | public; | 16 | | (2) 4 members, appointed by the Speaker of the House | 17 | | of Representatives, including 2 members of the House of | 18 | | Representatives and 2 members of the public; | 19 | | (3) 4 members, appointed by the Minority Leader of the | 20 | | Senate, including 2 members of the Senate and 2 members of | 21 | | the public; | 22 | | (4) 4 members, appointed by the Minority Leader of the | 23 | | House of Representatives, including 2 members of the House | 24 | | of Representatives and 2 members of the public; | 25 | | (5) 4 members, appointed by the Governor, including at | 26 | | least 2 members with knowledge and experience |
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| 1 | | administering elections. | 2 | | (d) Appointments to the Task Force shall be made within 30 | 3 | | days after the effective date of this amendatory Act of the | 4 | | 103rd General Assembly. Members shall serve without | 5 | | compensation. | 6 | | (e) The Task Force shall meet at the call of a co-chair at | 7 | | least quarterly to fulfill its duties. At the first meeting of | 8 | | the Task Force, the Task Force shall elect one co-chair from | 9 | | the members appointed by the Senate President and one co-chair | 10 | | from the members appointed by the Speaker of the House of | 11 | | Representatives. | 12 | | (f) The State Board of Elections shall provide | 13 | | administrative support for the Task Force. | 14 | | (g) This Section is repealed, and the Task Force is | 15 | | dissolved, on July 1, 2025 June 1, 2024 . | 16 | | (Source: P.A. 103-467, eff. 8-4-23.) | 17 | | Section 25. The Department of Commerce and Economic | 18 | | Opportunity Law of the Civil Administrative Code of Illinois | 19 | | is amended by changing Section 605-1080 as follows: | 20 | | (20 ILCS 605/605-1080) | 21 | | (Section scheduled to be repealed on January 1, 2024) | 22 | | Sec. 605-1080. Personal care products industry supplier | 23 | | disparity study. | 24 | | (a) The Department shall compile and publish a disparity |
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| 1 | | study by December 31, 2022 that: (1) evaluates whether there | 2 | | exists intentional discrimination at the supplier or | 3 | | distribution level for retailers of beauty products, | 4 | | cosmetics, hair care supplies, and personal care products in | 5 | | the State of Illinois; and (2) if so, evaluates the impact of | 6 | | such discrimination on the State and includes recommendations | 7 | | for reducing or eliminating any barriers to entry to those | 8 | | wishing to establish businesses at the retail level involving | 9 | | such products. The Department shall forward a copy of its | 10 | | findings and recommendations to the General Assembly and | 11 | | Governor. | 12 | | (b) The Department may compile, collect, or otherwise | 13 | | gather data necessary for the administration of this Section | 14 | | and to carry out the Department's duty relating to the | 15 | | recommendation of policy changes. The Department shall compile | 16 | | all of the data into a single report, submit the report to the | 17 | | Governor and the General Assembly, and publish the report on | 18 | | its website. | 19 | | (c) This Section is repealed on January 1, 2026 2024 . | 20 | | (Source: P.A. 101-658, eff. 3-23-21; 102-813, eff. 5-13-22.) | 21 | | Section 30. The Electric Vehicle Act is amended by | 22 | | changing Section 60 as follows: | 23 | | (20 ILCS 627/60) | 24 | | (Section scheduled to be repealed on January 1, 2024) |
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| 1 | | Sec. 60. Study on loss of infrastructure funds and | 2 | | replacement options. The Illinois Department of Transportation | 3 | | shall conduct a study to be delivered to the members of the | 4 | | Illinois General Assembly and made available to the public no | 5 | | later than September 30, 2022. The study shall consider how | 6 | | the proliferation of electric vehicles will adversely affect | 7 | | resources needed for transportation infrastructure and take | 8 | | into consideration any relevant federal actions. The study | 9 | | shall identify the potential revenue loss and offer multiple | 10 | | options for replacing those lost revenues. The Illinois | 11 | | Department of Transportation shall collaborate with | 12 | | organizations representing businesses involved in designing | 13 | | and building transportation infrastructure, organized labor, | 14 | | the general business community, and users of the system. In | 15 | | addition, the Illinois Department of Transportation may | 16 | | collaborate with other state agencies, including but not | 17 | | limited to the Illinois Secretary of State and the Illinois | 18 | | Department of Revenue. | 19 | | This Section is repealed on January 1, 2025 2024 . | 20 | | (Source: P.A. 102-662, eff. 9-15-21; 102-673, eff. 11-30-21.) | 21 | | Section 35. The Department of Transportation Law of the | 22 | | Civil Administrative Code of Illinois is amended by changing | 23 | | Section 2705-620 as follows: | 24 | | (20 ILCS 2705/2705-620) |
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| 1 | | (Section scheduled to be repealed on December 31, 2023) | 2 | | Sec. 2705-620. Bond Reform in the Construction Industry | 3 | | Task Force. | 4 | | (a) There is created the Bond Reform in the Construction | 5 | | Industry Task Force consisting of the following members: | 6 | | (1) the Governor, or his or her designee; | 7 | | (2) the State Treasurer, or his or her designee; | 8 | | (3) the Director of Insurance, or his or her designee; | 9 | | (4) 2 members appointed by the Speaker of the House of | 10 | | Representatives; | 11 | | (5) 2 members appointed by the Minority Leader of the | 12 | | House of Representatives; | 13 | | (6) 2 members appointed by the President of the | 14 | | Senate; | 15 | | (7) 2 members appointed by the Minority Leader of the | 16 | | Senate; and | 17 | | (8) 7 members representing the construction industry | 18 | | appointed by the Governor. | 19 | | The Department of Transportation shall provide | 20 | | administrative support to the Task Force. | 21 | | (b) The Task Force shall study innovative ways to reduce | 22 | | the cost of insurance in the private and public construction | 23 | | industry while protecting owners from risk of nonperformance. | 24 | | The Task Force shall consider options that include, but are | 25 | | not limited to, owner-financed insurance instead of | 26 | | contractor-financed insurance and alternative ways to manage |
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| 1 | | risk other than bonds or other insurance products. | 2 | | (c) The Task Force shall report its findings and | 3 | | recommendations to the General Assembly no later than July 1, | 4 | | 2024 March 1, 2023 . | 5 | | (d) This Section is repealed December 31, 2024 2023 . | 6 | | (Source: P.A. 102-1065, eff. 6-10-22.) | 7 | | Section 40. The Illinois Power Agency Act is amended by | 8 | | changing Section 1-130 as follows: | 9 | | (20 ILCS 3855/1-130) | 10 | | (Section scheduled to be repealed on January 1, 2024) | 11 | | Sec. 1-130. Home rule preemption. | 12 | | (a) The authorization to impose any new taxes or fees | 13 | | specifically related to the generation of electricity by, the | 14 | | capacity to generate electricity by, or the emissions into the | 15 | | atmosphere by electric generating facilities after the | 16 | | effective date of this Act is an exclusive power and function | 17 | | of the State. A home rule unit may not levy any new taxes or | 18 | | fees specifically related to the generation of electricity by, | 19 | | the capacity to generate electricity by, or the emissions into | 20 | | the atmosphere by electric generating facilities after the | 21 | | effective date of this Act. This Section is a denial and | 22 | | limitation on home rule powers and functions under subsection | 23 | | (g) of Section 6 of Article VII of the Illinois Constitution. | 24 | | (b) This Section is repealed on January 1, 2025 2024 . |
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| 1 | | (Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21; | 2 | | 102-1109, eff. 12-21-22.) | 3 | | Section 45. The Crime Reduction Task Force Act is amended | 4 | | by changing Sections 1-15 and 1-20 as follows: | 5 | | (20 ILCS 3926/1-15) | 6 | | (Section scheduled to be repealed on March 1, 2024) | 7 | | Sec. 1-15. Meetings; report. | 8 | | (a) The Task Force shall meet at least 4 times with the | 9 | | first meeting occurring within 60 days after the effective | 10 | | date of this Act. | 11 | | (b) The Task Force shall review available research and | 12 | | best practices and take expert and witness testimony. | 13 | | (c) The Task Force shall produce and submit a report | 14 | | detailing the Task Force's findings, recommendations, and | 15 | | needed resources to the General Assembly and the Governor on | 16 | | or before June 30, 2024 March 1, 2023 . | 17 | | (Source: P.A. 102-756, eff. 5-10-22.) | 18 | | (20 ILCS 3926/1-20) | 19 | | (Section scheduled to be repealed on March 1, 2024) | 20 | | Sec. 1-20. Repeal. This Act is repealed on January 1, 2025 | 21 | | March 1, 2024 . | 22 | | (Source: P.A. 102-756, eff. 5-10-22.) |
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| 1 | | Section 50. The Racial Disproportionality in Child Welfare | 2 | | Task Force Act is amended by changing Section 30 as follows: | 3 | | (20 ILCS 4105/30) | 4 | | (Section scheduled to be repealed on January 1, 2024) | 5 | | Sec. 30. Repeal. The Task Force is dissolved, and this Act | 6 | | is repealed on, June 30, 2024 January 1, 2024 . | 7 | | (Source: P.A. 102-506, eff. 8-20-21.) | 8 | | Section 55. The Blue-Ribbon Commission on Transportation | 9 | | Infrastructure Funding and Policy Act is amended by changing | 10 | | Sections 25 and 30 as follows: | 11 | | (20 ILCS 4116/25) | 12 | | (Section scheduled to be repealed on February 1, 2024) | 13 | | Sec. 25. Report. The Commission shall direct the Illinois | 14 | | Department of Transportation to enter into a contract with a | 15 | | third party to assist the Commission in producing a document | 16 | | that evaluates the topics under this Act and outline formal | 17 | | recommendations that can be acted upon by the General | 18 | | Assembly. The Commission shall report a summary of its | 19 | | activities and produce a final report of the data, findings, | 20 | | and recommendations to the General Assembly by July 1, 2025 | 21 | | January 1, 2024 . The final report shall include specific, | 22 | | actionable recommendations for legislation and organizational | 23 | | adjustments. The final report may include recommendations for |
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| 1 | | pilot programs to test alternatives. The final report and | 2 | | recommendations shall also include any minority and individual | 3 | | views of task force members. | 4 | | (Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; | 5 | | reenacted by P.A. 103-461, eff. 8-4-23.) | 6 | | (20 ILCS 4116/30) | 7 | | (Section scheduled to be repealed on February 1, 2024) | 8 | | Sec. 30. Repeal. This Commission is dissolved, and this | 9 | | Act is repealed, on August 1, 2025 February 1, 2024 . | 10 | | (Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; | 11 | | reenacted by P.A. 103-461, eff. 8-4-23.) | 12 | | Section 60. The Comprehensive Licensing Information to | 13 | | Minimize Barriers Task Force Act is amended by changing | 14 | | Section 20 as follows: | 15 | | (20 ILCS 4121/20) | 16 | | (Section scheduled to be repealed on December 1, 2024) | 17 | | Sec. 20. Report. | 18 | | (a) The Task Force shall conduct an analysis of | 19 | | occupational licensing, including, but not limited to, | 20 | | processes, procedures, and statutory requirements for | 21 | | licensure administered by the Department. The findings of this | 22 | | analysis shall be delivered to the General Assembly, the | 23 | | Office of Management and Budget, the Department, and the |
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| 1 | | public in the form of a final report. For the purpose of | 2 | | ensuring that historically and economically disadvantaged | 3 | | populations are centered in this analysis, the Task Force | 4 | | shall identify low-income and middle-income licensed | 5 | | occupations in this State and aggregate the information from | 6 | | those occupations under the occupations' respective regulatory | 7 | | board overseen by the Department to form the basis of the | 8 | | report. | 9 | | (b) The report shall contain, to the extent available, | 10 | | information collected from sources including, but not limited | 11 | | to, the Department, department licensure boards, other State | 12 | | boards, relevant departments, or other bodies of the State, | 13 | | and supplementary data including, but not limited to, census | 14 | | statistics, federal reporting, or published research as | 15 | | follows: | 16 | | (1) the number of license applications submitted | 17 | | compared with the number of licenses issued; | 18 | | (2) data concerning the reason why licenses were | 19 | | denied or revoked and a ranking of the most common reasons | 20 | | for denial or revocation; | 21 | | (3) an analysis of the information required of license | 22 | | applicants by the Department compared with the information | 23 | | that the Department is required by statute to verify, to | 24 | | ascertain if applicants are required to submit superfluous | 25 | | information; | 26 | | (4) demographic information for the last 5 years of |
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| 1 | | (i) active license holders, (ii) license holders who were | 2 | | disciplined in that period, (iii) license holders whose | 3 | | licenses were revoked in that period, and (iv) license | 4 | | applicants who were not issued licenses; | 5 | | (5) data aggregated from the last 5 years of monthly | 6 | | enforcement reports, including a ranking of the most | 7 | | common reasons for public discipline; | 8 | | (6) the cost of licensure to the individual, | 9 | | including, but not limited to, the fees for initial | 10 | | licensure and renewal, the average cost of training and | 11 | | testing required for initial licensure, and the average | 12 | | cost of meeting continuing education requirements for | 13 | | license renewal; | 14 | | (7) the locations within this State of each program or | 15 | | school that provides the required training and testing | 16 | | needed to obtain or renew a license, and whether the | 17 | | required training and testing can be fulfilled online; | 18 | | (8) the languages in which the required training or | 19 | | testing is offered; | 20 | | (9) the acceptance rates, graduation rates, and | 21 | | dropout rates of the training facilities that provide | 22 | | required training; | 23 | | (10) the percentage of students at each school that | 24 | | offers required training who financed the required | 25 | | training through student loans; and | 26 | | (11) the average annual salary of those in the |
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| 1 | | occupation. | 2 | | (c) The final report shall also contain a general | 3 | | description of the steps taken by the Task Force to fulfill the | 4 | | report criteria and shall include in an appendix of the report | 5 | | any results of the Task Force's analysis in the form of graphs, | 6 | | charts, or other data visualizations. The Task Force shall | 7 | | also exercise due care in the reporting of this information to | 8 | | protect sensitive information of personal or proprietary value | 9 | | or information that would risk the security of residents of | 10 | | this State. | 11 | | (d) The Task Force shall publish the final report by | 12 | | December 1, 2024 2023 with recommendations to the General | 13 | | Assembly, including recommendations for continued required | 14 | | reporting from the Department to better support the General | 15 | | Assembly in revoking, modifying, or creating new licensing | 16 | | Acts. | 17 | | (Source: P.A. 102-1078, eff. 6-10-22.) | 18 | | Section 65. The Money Laundering in Real Estate Task Force | 19 | | Act is amended by changing Section 5-15 as follows: | 20 | | (20 ILCS 4123/5-15) | 21 | | (Section scheduled to be repealed on January 1, 2026) | 22 | | Sec. 5-15. Reports. The Task Force shall submit a report | 23 | | to the Governor and the General Assembly not later than 24 12 | 24 | | months after the effective date of this Act. The report shall |
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| 1 | | include the Task Force's findings and shall summarize the | 2 | | actions the Task Force has taken and those it intends to take | 3 | | in response to its obligations under the Act. After it submits | 4 | | its initial report, the Task Force shall periodically submit | 5 | | reports to the Governor and the General Assembly as the | 6 | | chairperson of the Task Force deems necessary to apprise those | 7 | | officials of any additional findings made or actions taken by | 8 | | the Task Force. The obligation of the Task Force to submit | 9 | | periodic reports shall continue for the duration of the Task | 10 | | Force. | 11 | | (Source: P.A. 102-1108, eff. 12-21-22.) | 12 | | Section 70. The Human Trafficking Task Force Act is | 13 | | amended by changing Section 25 as follows: | 14 | | (20 ILCS 5086/25) | 15 | | (Section scheduled to be repealed on July 1, 2024) | 16 | | Sec. 25. Task force abolished; Act repealed. The Human | 17 | | Trafficking Task Force is abolished and this Act is repealed | 18 | | on July 1, 2025 2024 . | 19 | | (Source: P.A. 102-323, eff. 8-6-21.) | 20 | | Section 75. The Kidney Disease Prevention and Education | 21 | | Task Force Act is amended by changing Section 10-15 as | 22 | | follows: |
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| 1 | | (20 ILCS 5160/10-15) | 2 | | (Section scheduled to be repealed on June 1, 2024) | 3 | | Sec. 10-15. Repeal. This Act is repealed on June 1, 2026 | 4 | | 2024 . | 5 | | (Source: P.A. 101-649, eff. 7-7-20; 102-671, eff. 11-30-21.) | 6 | | Section 80. The Business Enterprise for Minorities, Women, | 7 | | and Persons with Disabilities Act is amended by changing | 8 | | Section 9 as follows: | 9 | | (30 ILCS 575/9) (from Ch. 127, par. 132.609) | 10 | | (Section scheduled to be repealed on June 30, 2024) | 11 | | Sec. 9. This Act is repealed June 30, 2029 2024 . | 12 | | (Source: P.A. 101-170, eff. 1-1-20 .) | 13 | | Section 83. The Emergency Telephone System Act is amended | 14 | | by changing Section 3 as follows: | 15 | | (50 ILCS 750/3) (from Ch. 134, par. 33) | 16 | | (Text of Section before amendment by P.A. 103-366 ) | 17 | | (Section scheduled to be repealed on December 31, 2025) | 18 | | Sec. 3. (a) By July 1, 2017, every local public agency | 19 | | shall be within the jurisdiction of a 9-1-1 system. | 20 | | (b) Within 18 months of the awarding of a contract to a | 21 | | vendor certified under Section 13-900 of the Public Utilities | 22 | | Act to provide Next Generation 9-1-1 service, every 9-1-1 |
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| 1 | | system in Illinois, except in a municipality with a population | 2 | | over 500,000, shall provide Next Generation 9-1-1 service. A | 3 | | municipality with a population over 500,000 shall provide Next | 4 | | Generation 9-1-1 service by January 1, 2026 December 31, 2023 . | 5 | | (c) Nothing in this Act shall be construed to prohibit or | 6 | | discourage in any way the formation of multijurisdictional or | 7 | | regional systems, and any system established pursuant to this | 8 | | Act may include the territory of more than one public agency or | 9 | | may include a segment of the territory of a public agency. | 10 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.) | 11 | | (Text of Section after amendment by P.A. 103-366 ) | 12 | | (Section scheduled to be repealed on December 31, 2025) | 13 | | Sec. 3. (a) By July 1, 2017, every local public agency | 14 | | shall be within the jurisdiction of a 9-1-1 system. | 15 | | (b) Within 36 months of the awarding of a contract to a | 16 | | vendor certified under Section 13-900 of the Public Utilities | 17 | | Act to provide Next Generation 9-1-1 service, every 9-1-1 | 18 | | system in Illinois, except in a municipality with a population | 19 | | over 500,000, shall provide Next Generation 9-1-1 service. A | 20 | | municipality with a population over 500,000 shall provide Next | 21 | | Generation 9-1-1 service by January 1, 2026 July 1, 2024 . | 22 | | (c) Nothing in this Act shall be construed to prohibit or | 23 | | discourage in any way the formation of multijurisdictional or | 24 | | regional systems, and any system established pursuant to this | 25 | | Act may include the territory of more than one public agency or |
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| 1 | | may include a segment of the territory of a public agency. | 2 | | (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.) | 3 | | Section 85. The Counties Code is amended by changing | 4 | | Sections 3-5010.8, 4-11001.5, 5-41065, and 5-43043 as follows: | 5 | | (55 ILCS 5/3-5010.8) | 6 | | (Text of Section before amendment by P.A. 103-400 ) | 7 | | (Section scheduled to be repealed on January 1, 2024) | 8 | | Sec. 3-5010.8. Mechanics lien demand and referral pilot | 9 | | program. | 10 | | (a) Legislative findings. The General Assembly finds that | 11 | | expired mechanics liens on residential property, which cloud | 12 | | title to property, are a rapidly growing problem throughout | 13 | | the State. In order to address the increase in expired | 14 | | mechanics liens and, more specifically, those that have not | 15 | | been released by the lienholder, a recorder may establish a | 16 | | process to demand and refer mechanics liens that have been | 17 | | recorded but not litigated or released in accordance with the | 18 | | Mechanics Lien Act to an administrative law judge for | 19 | | resolution or demand that the lienholder commence suit or | 20 | | forfeit the lien. | 21 | | (b) Definitions. As used in this Section: | 22 | | "Demand to Commence Suit" means the written demand | 23 | | specified in Section 34 of the Mechanics Lien Act. | 24 | | "Mechanics lien" and "lien" are used interchangeably in |
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| 1 | | this Section. | 2 | | "Notice of Expired Mechanics Lien" means the notice a | 3 | | recorder gives to a property owner under subsection (d) | 4 | | informing the property owner of an expired lien. | 5 | | "Notice of Referral" means the document referring a | 6 | | mechanics lien to a county's code hearing unit. | 7 | | "Recording" and "filing" are used interchangeably in this | 8 | | Section. | 9 | | "Referral" or "refer" means a recorder's referral of a | 10 | | mechanics lien to a county's code hearing unit to obtain a | 11 | | determination as to whether a recorded mechanics lien is | 12 | | valid. | 13 | | "Residential property" means real property improved with | 14 | | not less than one nor more than 4 residential dwelling units; a | 15 | | residential condominium unit, including, but not limited to, | 16 | | the common elements allocated to the exclusive use of the | 17 | | condominium unit that form an integral part of the condominium | 18 | | unit and any parking unit or units specified by the | 19 | | declaration to be allocated to a specific residential | 20 | | condominium unit; or a single tract of agriculture real estate | 21 | | consisting of 40 acres or less that is improved with a | 22 | | single-family residence. If a declaration of condominium | 23 | | ownership provides for individually owned and transferable | 24 | | parking units, "residential property" does not include the | 25 | | parking unit of a specified residential condominium unit | 26 | | unless the parking unit is included in the legal description |
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| 1 | | of the property against which the mechanics lien is recorded. | 2 | | (c) Establishment of a mechanics lien demand and referral | 3 | | process. After a public hearing, a recorder in a county with a | 4 | | code hearing unit may adopt rules establishing a mechanics | 5 | | lien demand and referral process for residential property. A | 6 | | recorder shall provide public notice 90 days before the public | 7 | | hearing. The notice shall include a statement of the | 8 | | recorder's intent to create a mechanics lien demand and | 9 | | referral process and shall be published in a newspaper of | 10 | | general circulation in the county and, if feasible, be posted | 11 | | on the recorder's website and at the recorder's office or | 12 | | offices. | 13 | | (d) Notice of Expired Lien. If a recorder determines, | 14 | | after review by legal staff or counsel, that a mechanics lien | 15 | | recorded in the grantor's index or the grantee's index is an | 16 | | expired lien, the recorder shall serve a Notice of Expired | 17 | | Lien by certified mail to the last known address of the owner. | 18 | | The owner or legal representative of the owner of the | 19 | | residential property shall confirm in writing his or her | 20 | | belief that the lien is not involved in pending litigation | 21 | | and, if there is no pending litigation, as verified and | 22 | | confirmed by county court records, the owner may request that | 23 | | the recorder proceed with a referral or serve a Demand to | 24 | | Commence Suit. | 25 | | For the purposes of this Section, a recorder shall | 26 | | determine if a lien is an expired lien. A lien is expired if a |
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| 1 | | suit to enforce the lien has not been commenced or a | 2 | | counterclaim has not been filed by the lienholder within 2 | 3 | | years after the completion date of the contract as specified | 4 | | in the recorded mechanics lien. The 2-year period shall be | 5 | | increased to the extent that an automatic stay under Section | 6 | | 362(a) of the United States Bankruptcy Code stays a suit or | 7 | | counterclaim to foreclose the lien. If a work completion date | 8 | | is not specified in the recorded lien, then the work | 9 | | completion date is the date of recording of the mechanics | 10 | | lien. | 11 | | (e) Demand to Commence Suit. Upon receipt of an owner's | 12 | | confirmation that the lien is not involved in pending | 13 | | litigation and a request for the recorder to serve a Demand to | 14 | | Commence Suit, the recorder shall serve a Demand to Commence | 15 | | Suit on the lienholder of the expired lien as provided in | 16 | | Section 34 of the Mechanics Lien Act. A recorder may request | 17 | | that the Secretary of State assist in providing registered | 18 | | agent information or obtain information from the Secretary of | 19 | | State's registered business database when the recorder seeks | 20 | | to serve a Demand to Commence suit on the lienholder. Upon | 21 | | request, the Secretary of State, or his or her designee, shall | 22 | | provide the last known address or registered agent information | 23 | | for a lienholder who is incorporated or doing business in the | 24 | | State. The recorder must record a copy of the Demand to | 25 | | Commence suit in the grantor's index or the grantee's index | 26 | | identifying the mechanics lien and include the corresponding |
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| 1 | | document number and the date of demand. The recorder may, at | 2 | | his or her discretion, notify the Secretary of State regarding | 3 | | a Demand to Commence suit determined to involve a company, | 4 | | corporation, or business registered with that office. | 5 | | When the lienholder commences a suit or files an answer | 6 | | within 30 days or the lienholder records a release of lien with | 7 | | the county recorder as required by subsection (a) of Section | 8 | | 34 of the Mechanics Lien Act, then the demand and referral | 9 | | process is completed for the recorder for that property. If | 10 | | service under this Section is responded to consistent with | 11 | | Section 34 of the Mechanics Lien Act, the recorder may not | 12 | | proceed under subsection (f). If no response is received | 13 | | consistent with Section 34 of the Mechanics Lien Act, the | 14 | | recorder may proceed under subsection (f). | 15 | | (f) Referral. Upon receipt of an owner's confirmation that | 16 | | the lien is not involved in pending litigation and a request | 17 | | for the recorder to proceed with a referral, the recorder | 18 | | shall: (i) file the Notice of Referral with the county's code | 19 | | hearing unit; (ii) identify and notify the lienholder by | 20 | | telephone, if available, of the referral and send a copy of the | 21 | | Notice of Referral by certified mail to the lienholder using | 22 | | information included in the recorded mechanics lien or the | 23 | | last known address or registered agent received from the | 24 | | Secretary of State or obtained from the Secretary of State's | 25 | | registered business database; (iii) send a copy of the Notice | 26 | | of Referral by mail to the physical address of the property |
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| 1 | | owner associated with the lien; and (iv) record a copy of the | 2 | | Notice of Referral in the grantor's index or the grantee's | 3 | | index identifying the mechanics lien and include the | 4 | | corresponding document number. The Notice of Referral shall | 5 | | clearly identify the person, persons, or entity believed to be | 6 | | the owner, assignee, successor, or beneficiary of the lien. | 7 | | The recorder may, at his or her discretion, notify the | 8 | | Secretary of State regarding a referral determined to involve | 9 | | a company, corporation, or business registered with that | 10 | | office. | 11 | | No earlier than 30 business days after the date the | 12 | | lienholder is required to respond to a Demand to Commence Suit | 13 | | under Section 34 of the Mechanics Lien Act, the code hearing | 14 | | unit shall schedule a hearing to occur at least 30 days after | 15 | | sending notice of the date of hearing. Notice of the hearing | 16 | | shall be provided by the county recorder, by and through his or | 17 | | her representative, to the filer, or the party represented by | 18 | | the filer, of the expired lien, the legal representative of | 19 | | the recorder of deeds who referred the case, and the last owner | 20 | | of record, as identified in the Notice of Referral. | 21 | | If the recorder shows by clear and convincing evidence | 22 | | that the lien in question is an expired lien, the | 23 | | administrative law judge shall rule the lien is forfeited | 24 | | under Section 34.5 of the Mechanics Lien Act and that the lien | 25 | | no longer affects the chain of title of the property in any | 26 | | way. The judgment shall be forwarded to all parties identified |
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| 1 | | in this subsection. Upon receiving judgment of a forfeited | 2 | | lien, the recorder shall, within 5 business days, record a | 3 | | copy of the judgment in the grantor's index or the grantee's | 4 | | index. | 5 | | If the administrative law judge finds the lien is not | 6 | | expired, the recorder shall, no later than 5 business days | 7 | | after receiving notice of the decision of the administrative | 8 | | law judge, record a copy of the judgment in the grantor's index | 9 | | or the grantee's index. | 10 | | A decision by an administrative law judge is reviewable | 11 | | under the Administrative Review Law, and nothing in this | 12 | | Section precludes a property owner or lienholder from | 13 | | proceeding with a civil action to resolve questions concerning | 14 | | a mechanics lien. | 15 | | A lienholder or property owner may remove the action from | 16 | | the code hearing unit to the circuit court as provided in | 17 | | subsection (i). | 18 | | (g) Final administrative decision. The recorder's decision | 19 | | to refer a mechanics lien or serve a Demand to Commence Suit is | 20 | | a final administrative decision that is subject to review | 21 | | under the Administrative Review Law by the circuit court of | 22 | | the county where the real property is located. The standard of | 23 | | review by the circuit court shall be consistent with the | 24 | | Administrative Review Law. | 25 | | (h) Liability. A recorder and his or her employees or | 26 | | agents are not subject to personal liability by reason of any |
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| 1 | | error or omission in the performance of any duty under this | 2 | | Section, except in the case of willful or wanton conduct. The | 3 | | recorder and his or her employees or agents are not liable for | 4 | | the decision to refer a lien or serve a Demand to Commence | 5 | | Suit, or failure to refer or serve a Demand to Commence Suit, | 6 | | of a lien under this Section. | 7 | | (i) Private actions; use of demand and referral process. | 8 | | Nothing in this Section precludes a private right of action by | 9 | | any party with an interest in the property affected by the | 10 | | mechanics lien or a decision by the code hearing unit. Nothing | 11 | | in this Section requires a person or entity who may have a | 12 | | mechanics lien recorded against his or her property to use the | 13 | | mechanics lien demand and referral process created by this | 14 | | Section. | 15 | | A lienholder or property owner may remove a matter in the | 16 | | referral process to the circuit court at any time prior to the | 17 | | final decision of the administrative law judge by delivering a | 18 | | certified notice of the suit filed in the circuit court to the | 19 | | administrative law judge. Upon receipt of the certified | 20 | | notice, the administrative law judge shall dismiss the matter | 21 | | without prejudice. If the matter is dismissed due to removal, | 22 | | then the demand and referral process is completed for the | 23 | | recorder for that property. If the circuit court dismisses the | 24 | | removed matter without deciding on whether the lien is expired | 25 | | and without prejudice, the recorder may reinstitute the demand | 26 | | and referral process under subsection (d). |
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| 1 | | (j) Repeal. This Section is repealed on January 1, 2026 | 2 | | 2024 . | 3 | | (Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.) | 4 | | (Text of Section after amendment by P.A. 103-400 ) | 5 | | (Section scheduled to be repealed on January 1, 2024) | 6 | | Sec. 3-5010.8. Mechanics lien demand and referral pilot | 7 | | program. | 8 | | (a) Legislative findings. The General Assembly finds that | 9 | | expired mechanics liens on residential property, which cloud | 10 | | title to property, are a rapidly growing problem throughout | 11 | | the State. In order to address the increase in expired | 12 | | mechanics liens and, more specifically, those that have not | 13 | | been released by the lienholder, a recorder may establish a | 14 | | process to demand and refer mechanics liens that have been | 15 | | recorded but not litigated or released in accordance with the | 16 | | Mechanics Lien Act to an administrative law judge for | 17 | | resolution or demand that the lienholder commence suit or | 18 | | forfeit the lien. | 19 | | (b) Definitions. As used in this Section: | 20 | | "Demand to Commence Suit" means the written demand | 21 | | specified in Section 34 of the Mechanics Lien Act. | 22 | | "Mechanics lien" and "lien" are used interchangeably in | 23 | | this Section. | 24 | | "Notice of Expired Mechanics Lien" means the notice a | 25 | | recorder gives to a property owner under subsection (d) |
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| 1 | | informing the property owner of an expired lien. | 2 | | "Notice of Referral" means the document referring a | 3 | | mechanics lien to a county's code hearing unit. | 4 | | "Recording" and "filing" are used interchangeably in this | 5 | | Section. | 6 | | "Referral" or "refer" means a recorder's referral of a | 7 | | mechanics lien to a county's code hearing unit to obtain a | 8 | | determination as to whether a recorded mechanics lien is | 9 | | valid. | 10 | | "Residential property" means real property improved with | 11 | | not less than one nor more than 4 residential dwelling units; a | 12 | | residential condominium unit, including, but not limited to, | 13 | | the common elements allocated to the exclusive use of the | 14 | | condominium unit that form an integral part of the condominium | 15 | | unit and any parking unit or units specified by the | 16 | | declaration to be allocated to a specific residential | 17 | | condominium unit; or a single tract of agriculture real estate | 18 | | consisting of 40 acres or less that is improved with a | 19 | | single-family residence. If a declaration of condominium | 20 | | ownership provides for individually owned and transferable | 21 | | parking units, "residential property" does not include the | 22 | | parking unit of a specified residential condominium unit | 23 | | unless the parking unit is included in the legal description | 24 | | of the property against which the mechanics lien is recorded. | 25 | | (c) Establishment of a mechanics lien demand and referral | 26 | | process. After a public hearing, a recorder in a county with a |
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| 1 | | code hearing unit may adopt rules establishing a mechanics | 2 | | lien demand and referral process for residential property. A | 3 | | recorder shall provide public notice 90 days before the public | 4 | | hearing. The notice shall include a statement of the | 5 | | recorder's intent to create a mechanics lien demand and | 6 | | referral process and shall be published in a newspaper of | 7 | | general circulation in the county and, if feasible, be posted | 8 | | on the recorder's website and at the recorder's office or | 9 | | offices. | 10 | | (d) Notice of Expired Lien. If a recorder determines, | 11 | | after review by legal staff or counsel, that a mechanics lien | 12 | | recorded in the grantor's index or the grantee's index is an | 13 | | expired lien, the recorder shall serve a Notice of Expired | 14 | | Lien by certified mail to the last known address of the owner. | 15 | | The owner or legal representative of the owner of the | 16 | | residential property shall confirm in writing the owner's or | 17 | | legal representative's belief that the lien is not involved in | 18 | | pending litigation and, if there is no pending litigation, as | 19 | | verified and confirmed by county court records, the owner may | 20 | | request that the recorder proceed with a referral or serve a | 21 | | Demand to Commence Suit. | 22 | | For the purposes of this Section, a recorder shall | 23 | | determine if a lien is an expired lien. A lien is expired if a | 24 | | suit to enforce the lien has not been commenced or a | 25 | | counterclaim has not been filed by the lienholder within 2 | 26 | | years after the completion date of the contract as specified |
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| 1 | | in the recorded mechanics lien. The 2-year period shall be | 2 | | increased to the extent that an automatic stay under Section | 3 | | 362(a) of the United States Bankruptcy Code stays a suit or | 4 | | counterclaim to foreclose the lien. If a work completion date | 5 | | is not specified in the recorded lien, then the work | 6 | | completion date is the date of recording of the mechanics | 7 | | lien. | 8 | | (e) Demand to Commence Suit. Upon receipt of an owner's | 9 | | confirmation that the lien is not involved in pending | 10 | | litigation and a request for the recorder to serve a Demand to | 11 | | Commence Suit, the recorder shall serve a Demand to Commence | 12 | | Suit on the lienholder of the expired lien as provided in | 13 | | Section 34 of the Mechanics Lien Act. A recorder may request | 14 | | that the Secretary of State assist in providing registered | 15 | | agent information or obtain information from the Secretary of | 16 | | State's registered business database when the recorder seeks | 17 | | to serve a Demand to Commence suit on the lienholder. Upon | 18 | | request, the Secretary of State, or the Secretary of State's | 19 | | designee, shall provide the last known address or registered | 20 | | agent information for a lienholder who is incorporated or | 21 | | doing business in the State. The recorder must record a copy of | 22 | | the Demand to Commence suit in the grantor's index or the | 23 | | grantee's index identifying the mechanics lien and include the | 24 | | corresponding document number and the date of demand. The | 25 | | recorder may, at the recorder's discretion, notify the | 26 | | Secretary of State regarding a Demand to Commence suit |
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| 1 | | determined to involve a company, corporation, or business | 2 | | registered with that office. | 3 | | When the lienholder commences a suit or files an answer | 4 | | within 30 days or the lienholder records a release of lien with | 5 | | the county recorder as required by subsection (a) of Section | 6 | | 34 of the Mechanics Lien Act, then the demand and referral | 7 | | process is completed for the recorder for that property. If | 8 | | service under this Section is responded to consistent with | 9 | | Section 34 of the Mechanics Lien Act, the recorder may not | 10 | | proceed under subsection (f). If no response is received | 11 | | consistent with Section 34 of the Mechanics Lien Act, the | 12 | | recorder may proceed under subsection (f). | 13 | | (f) Referral. Upon receipt of an owner's confirmation that | 14 | | the lien is not involved in pending litigation and a request | 15 | | for the recorder to proceed with a referral, the recorder | 16 | | shall: (i) file the Notice of Referral with the county's code | 17 | | hearing unit; (ii) identify and notify the lienholder by | 18 | | telephone, if available, of the referral and send a copy of the | 19 | | Notice of Referral by certified mail to the lienholder using | 20 | | information included in the recorded mechanics lien or the | 21 | | last known address or registered agent received from the | 22 | | Secretary of State or obtained from the Secretary of State's | 23 | | registered business database; (iii) send a copy of the Notice | 24 | | of Referral by mail to the physical address of the property | 25 | | owner associated with the lien; and (iv) record a copy of the | 26 | | Notice of Referral in the grantor's index or the grantee's |
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| 1 | | index identifying the mechanics lien and include the | 2 | | corresponding document number. The Notice of Referral shall | 3 | | clearly identify the person, persons, or entity believed to be | 4 | | the owner, assignee, successor, or beneficiary of the lien. | 5 | | The recorder may, at the recorder's discretion, notify the | 6 | | Secretary of State regarding a referral determined to involve | 7 | | a company, corporation, or business registered with that | 8 | | office. | 9 | | No earlier than 30 business days after the date the | 10 | | lienholder is required to respond to a Demand to Commence Suit | 11 | | under Section 34 of the Mechanics Lien Act, the code hearing | 12 | | unit shall schedule a hearing to occur at least 30 days after | 13 | | sending notice of the date of hearing. Notice of the hearing | 14 | | shall be provided by the county recorder, by and through the | 15 | | recorder's representative, to the filer, or the party | 16 | | represented by the filer, of the expired lien, the legal | 17 | | representative of the recorder of deeds who referred the case, | 18 | | and the last owner of record, as identified in the Notice of | 19 | | Referral. | 20 | | If the recorder shows by clear and convincing evidence | 21 | | that the lien in question is an expired lien, the | 22 | | administrative law judge shall rule the lien is forfeited | 23 | | under Section 34.5 of the Mechanics Lien Act and that the lien | 24 | | no longer affects the chain of title of the property in any | 25 | | way. The judgment shall be forwarded to all parties identified | 26 | | in this subsection. Upon receiving judgment of a forfeited |
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| 1 | | lien, the recorder shall, within 5 business days, record a | 2 | | copy of the judgment in the grantor's index or the grantee's | 3 | | index. | 4 | | If the administrative law judge finds the lien is not | 5 | | expired, the recorder shall, no later than 5 business days | 6 | | after receiving notice of the decision of the administrative | 7 | | law judge, record a copy of the judgment in the grantor's index | 8 | | or the grantee's index. | 9 | | A decision by an administrative law judge is reviewable | 10 | | under the Administrative Review Law, and nothing in this | 11 | | Section precludes a property owner or lienholder from | 12 | | proceeding with a civil action to resolve questions concerning | 13 | | a mechanics lien. | 14 | | A lienholder or property owner may remove the action from | 15 | | the code hearing unit to the circuit court as provided in | 16 | | subsection (i). | 17 | | (g) Final administrative decision. The recorder's decision | 18 | | to refer a mechanics lien or serve a Demand to Commence Suit is | 19 | | a final administrative decision that is subject to review | 20 | | under the Administrative Review Law by the circuit court of | 21 | | the county where the real property is located. The standard of | 22 | | review by the circuit court shall be consistent with the | 23 | | Administrative Review Law. | 24 | | (h) Liability. A recorder and the recorder's employees or | 25 | | agents are not subject to personal liability by reason of any | 26 | | error or omission in the performance of any duty under this |
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| 1 | | Section, except in the case of willful or wanton conduct. The | 2 | | recorder and the recorder's employees or agents are not liable | 3 | | for the decision to refer a lien or serve a Demand to Commence | 4 | | Suit, or failure to refer or serve a Demand to Commence Suit, | 5 | | of a lien under this Section. | 6 | | (i) Private actions; use of demand and referral process. | 7 | | Nothing in this Section precludes a private right of action by | 8 | | any party with an interest in the property affected by the | 9 | | mechanics lien or a decision by the code hearing unit. Nothing | 10 | | in this Section requires a person or entity who may have a | 11 | | mechanics lien recorded against the person's or entity's | 12 | | property to use the mechanics lien demand and referral process | 13 | | created by this Section. | 14 | | A lienholder or property owner may remove a matter in the | 15 | | referral process to the circuit court at any time prior to the | 16 | | final decision of the administrative law judge by delivering a | 17 | | certified notice of the suit filed in the circuit court to the | 18 | | administrative law judge. Upon receipt of the certified | 19 | | notice, the administrative law judge shall dismiss the matter | 20 | | without prejudice. If the matter is dismissed due to removal, | 21 | | then the demand and referral process is completed for the | 22 | | recorder for that property. If the circuit court dismisses the | 23 | | removed matter without deciding on whether the lien is expired | 24 | | and without prejudice, the recorder may reinstitute the demand | 25 | | and referral process under subsection (d). | 26 | | (j) Repeal. This Section is repealed on January 1, 2026 |
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| 1 | | 2024 . | 2 | | (Source: P.A. 102-671, eff. 11-30-21; 103-400, eff. 1-1-24.) | 3 | | (55 ILCS 5/4-11001.5) | 4 | | (Section scheduled to be repealed on January 1, 2024) | 5 | | Sec. 4-11001.5. Lake County Children's Advocacy Center | 6 | | Pilot Program. | 7 | | (a) The Lake County Children's Advocacy Center Pilot | 8 | | Program is established. Under the Pilot Program, any grand | 9 | | juror or petit juror in Lake County may elect to have his or | 10 | | her juror fees earned under Section 4-11001 of this Code to be | 11 | | donated to the Lake County Children's Advocacy Center, a | 12 | | division of the Lake County State's Attorney's office. | 13 | | (b) On or before January 1, 2017, the Lake County board | 14 | | shall adopt, by ordinance or resolution, rules and policies | 15 | | governing and effectuating the ability of jurors to donate | 16 | | their juror fees to the Lake County Children's Advocacy Center | 17 | | beginning January 1, 2017 and ending December 31, 2018. At a | 18 | | minimum, the rules and policies must provide: | 19 | | (1) for a form that a juror may fill out to elect to | 20 | | donate his or her juror fees. The form must contain a | 21 | | statement, in at least 14-point bold type, that donation | 22 | | of juror fees is optional; | 23 | | (2) that all monies donated by jurors shall be | 24 | | transferred by the county to the Lake County Children's | 25 | | Advocacy Center at the same time a juror is paid under |
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| 1 | | Section 4-11001 of this Code who did not elect to donate | 2 | | his or her juror fees; and | 3 | | (3) that all juror fees donated under this Section | 4 | | shall be used exclusively for the operation of Lake County | 5 | | Children's Advocacy Center. | 6 | | The Lake County board shall adopt an ordinance or | 7 | | resolution reestablishing the rules and policies previously | 8 | | adopted under this subsection allowing a juror to donate his | 9 | | or her juror fees to the Lake County Children's Advocacy | 10 | | Center through December 31, 2021. | 11 | | (c) The following information shall be reported to the | 12 | | General Assembly and the Governor by the Lake County board | 13 | | after each calendar year of the Pilot Program on or before | 14 | | March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021: | 15 | | (1) the number of grand and petit jurors who earned | 16 | | fees under Section 4-11001 of this Code during the | 17 | | previous calendar year; | 18 | | (2) the number of grand and petit jurors who donated | 19 | | fees under this Section during the previous calendar year; | 20 | | (3) the amount of donated fees under this Section | 21 | | during the previous calendar year; | 22 | | (4) how the monies donated in the previous calendar | 23 | | year were used by the Lake County Children's Advocacy | 24 | | Center; and | 25 | | (5) how much cost there was incurred by Lake County | 26 | | and the Lake County State's Attorney's office in the |
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| 1 | | previous calendar year in implementing the Pilot Program. | 2 | | (d) This Section is repealed on January 1, 2026 2024 . | 3 | | (Source: P.A. 101-612, eff. 12-20-19; 102-671, eff. 11-30-21.) | 4 | | (55 ILCS 5/5-41065) | 5 | | (Section scheduled to be repealed on January 1, 2024) | 6 | | Sec. 5-41065. Mechanics lien demand and referral | 7 | | adjudication. | 8 | | (a) Notwithstanding any other provision in this Division, | 9 | | a county's code hearing unit must adjudicate an expired | 10 | | mechanics lien referred to the unit under Section 3-5010.8. | 11 | | (b) If a county does not have an administrative law judge | 12 | | in its code hearing unit who is familiar with the areas of law | 13 | | relating to mechanics liens, one may be appointed no later | 14 | | than 3 months after the effective date of this amendatory Act | 15 | | of the 100th General Assembly to adjudicate all referrals | 16 | | concerning mechanics liens under Section 3-5010.8. | 17 | | (c) If an administrative law judge familiar with the areas | 18 | | of law relating to mechanics liens has not been appointed as | 19 | | provided subsection (b) when a mechanics lien is referred | 20 | | under Section 3-5010.8 to the code hearing unit, the case | 21 | | shall be removed to the proper circuit court with | 22 | | jurisdiction. | 23 | | (d) This Section is repealed on January 1, 2026 2024 . | 24 | | (Source: P.A. 102-671, eff. 11-30-21.) |
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| 1 | | (55 ILCS 5/5-43043) | 2 | | (Section scheduled to be repealed on January 1, 2024) | 3 | | Sec. 5-43043. Mechanics lien demand and referral | 4 | | adjudication. | 5 | | (a) Notwithstanding any other provision in this Division, | 6 | | a county's code hearing unit must adjudicate an expired | 7 | | mechanics lien referred to the unit under Section 3-5010.8. | 8 | | (b) If a county does not have an administrative law judge | 9 | | in its code hearing unit who is familiar with the areas of law | 10 | | relating to mechanics liens, one may be appointed no later | 11 | | than 3 months after the effective date of this amendatory Act | 12 | | of the 100th General Assembly to adjudicate all referrals | 13 | | concerning mechanics liens under Section 3-5010.8. | 14 | | (c) If an administrative law judge familiar with the areas | 15 | | of law relating to mechanics liens has not been appointed as | 16 | | provided subsection (b) when a mechanics lien is referred | 17 | | under Section 3-5010.8 to the code hearing unit, the case | 18 | | shall be removed to the proper circuit court with | 19 | | jurisdiction. | 20 | | (d) This Section is repealed on January 1, 2026 2024 . | 21 | | (Source: P.A. 102-671, eff. 11-30-21.) | 22 | | Section 90. The Emergency Medical Services (EMS) Systems | 23 | | Act is amended by changing Section 3.22 as follows: | 24 | | (210 ILCS 50/3.22) |
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| 1 | | Sec. 3.22. EMT Training, Recruitment, and Retention Task | 2 | | Force. | 3 | | (a) The EMT Training, Recruitment, and Retention Task | 4 | | Force is created to address the following: | 5 | | (1) the impact that the EMT and Paramedic shortage is | 6 | | having on this State's EMS System and health care system; | 7 | | (2) barriers to the training, recruitment, and | 8 | | retention of Emergency Medical Technicians throughout this | 9 | | State; | 10 | | (3) steps that the State of Illinois can take, | 11 | | including coordination and identification of State and | 12 | | federal funding sources, to assist Illinois high schools, | 13 | | community colleges, and ground ambulance providers to | 14 | | train, recruit, and retain emergency medical technicians; | 15 | | (4) the examination of current testing mechanisms for | 16 | | EMRs, EMTs, and Paramedics and the utilization of the | 17 | | National Registry of Emergency Medical Technicians, | 18 | | including current pass rates by licensure level, national | 19 | | utilization, and test preparation strategies; | 20 | | (5) how apprenticeship programs, local, regional, and | 21 | | statewide, can be utilized to recruit and retain EMRs, | 22 | | EMTs, and Paramedics; | 23 | | (6) how ground ambulance reimbursement affects the | 24 | | recruitment and retention of EMTs and Paramedics; and | 25 | | (7) all other areas that the Task Force deems | 26 | | necessary to examine and assist in the recruitment and |
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| 1 | | retention of EMTs and Paramedics. | 2 | | (b) The Task Force shall be comprised of the following | 3 | | members: | 4 | | (1) one member of the Illinois General Assembly, | 5 | | appointed by the President of the Senate, who shall serve | 6 | | as co-chair; | 7 | | (2) one member of the Illinois General Assembly, | 8 | | appointed by the Speaker of the House of Representatives; | 9 | | (3) one member of the Illinois General Assembly, | 10 | | appointed by the Senate Minority Leader; | 11 | | (4) one member of the Illinois General Assembly, | 12 | | appointed by the House Minority Leader, who shall serve as | 13 | | co-chair; | 14 | | (5) 9 members representing private ground ambulance | 15 | | providers throughout this State representing for-profit | 16 | | and non-profit rural and urban ground ambulance providers, | 17 | | appointed by the President of the Senate; | 18 | | (6) 3 members representing hospitals, appointed by the | 19 | | Speaker of the House of Representatives, with one member | 20 | | representing safety-net safety net hospitals and one | 21 | | member representing rural hospitals; | 22 | | (7) 3 members representing a statewide association of | 23 | | nursing homes, appointed by the President of the Senate; | 24 | | (8) one member representing the State Board of | 25 | | Education, appointed by the House Minority Leader; | 26 | | (9) 2 EMS Medical Directors from a Regional EMS |
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| 1 | | Medical Directors Committee, appointed by the Governor; | 2 | | and | 3 | | (10) one member representing the Illinois Community | 4 | | College Systems, appointed by the Minority Leader of the | 5 | | Senate. | 6 | | (c) Members of the Task Force shall serve without | 7 | | compensation. | 8 | | (d) The Task Force shall convene at the call of the | 9 | | co-chairs and shall hold at least 6 meetings. | 10 | | (e) The Task Force shall submit its final report to the | 11 | | General Assembly and the Governor no later than September 1, | 12 | | 2024 January 1, 2024 , and upon the submission of its final | 13 | | report, the Task Force shall be dissolved. | 14 | | (Source: P.A. 103-547, eff. 8-11-23; revised 10-25-23.) | 15 | | Section 95. The Environmental Protection Act is amended by | 16 | | changing Section 9.18 as follows: | 17 | | (415 ILCS 5/9.18) | 18 | | (Section scheduled to be repealed on January 1, 2024) | 19 | | Sec. 9.18. Commission on market-based carbon pricing | 20 | | solutions. | 21 | | (a) In the United States, state-based market policies to | 22 | | reduce greenhouse gases have been in operation since 2009. | 23 | | More than a quarter of the US population lives in a state with | 24 | | carbon pricing and these states represent one-third of the |
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| 1 | | United States' gross domestic product. Market-based policies | 2 | | have proved effective at reducing emissions in states across | 3 | | the United States, and around the world. Additionally, | 4 | | well-designed carbon pricing incentivizes energy efficiency | 5 | | and drives investments in low-carbon solutions and | 6 | | technologies, such as renewables, hydrogen, biofuels, and | 7 | | carbon capture, use, and storage. Illinois must assess | 8 | | available suites of programs and policies to support a rapid, | 9 | | economy-wide decarbonization and spur the development of a | 10 | | clean energy economy in the State, while maintaining Illinois' | 11 | | competitive advantage. | 12 | | (b) The Governor is hereby authorized to create a carbon | 13 | | pricing commission to study the short-term and long-term | 14 | | impacts of joining, implementing, or designing a sector-based, | 15 | | statewide, or regional carbon pricing program. The commission | 16 | | shall analyze and compare the relative cost of, and greenhouse | 17 | | gas reductions from, various carbon pricing programs available | 18 | | to Illinois and the Midwest, including, but not limited to: | 19 | | the Regional Greenhouse Gas Initiative (RGGI), the | 20 | | Transportation and Climate Initiative (TCI), California's | 21 | | cap-and-trade program, California's low carbon fuel standard, | 22 | | Washington State's cap-and-invest program, the Oregon Clean | 23 | | Fuels Program, and other relevant market-based programs. At | 24 | | the conclusion of the study, no later than December 31, 2022, | 25 | | the commission shall issue a public report containing its | 26 | | findings. |
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| 1 | | (c) This Section is repealed on January 1, 2025 2024 . | 2 | | (Source: P.A. 102-662, eff. 9-15-21.) | 3 | | Section 100. The Illinois Vehicle Code is amended by | 4 | | changing Section 3-692 as follows: | 5 | | (625 ILCS 5/3-692) | 6 | | (Section scheduled to be repealed on January 1, 2024) | 7 | | Sec. 3-692. Soil and Water Conservation District Plates. | 8 | | (a) In addition to any other special license plate, the | 9 | | Secretary, upon receipt of all applicable fees and | 10 | | applications made in the form prescribed by the Secretary of | 11 | | State, may issue Soil and Water Conservation District license | 12 | | plates. The special Soil and Water Conservation District plate | 13 | | issued under this Section shall be affixed only to passenger | 14 | | vehicles of the first division and motor vehicles of the | 15 | | second division weighing not more than 8,000 pounds. Plates | 16 | | issued under this Section shall expire according to the | 17 | | staggered multi-year procedure established by Section 3-414.1 | 18 | | of this Code. | 19 | | (b) The design, color, and format of the plates shall be | 20 | | wholly within the discretion of the Secretary of State. | 21 | | Appropriate documentation, as determined by the Secretary, | 22 | | must accompany each application. The Secretary, in his or her | 23 | | discretion, shall approve and prescribe stickers or decals as | 24 | | provided under Section 3-412. |
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| 1 | | (c) An applicant for the special plate shall be charged a | 2 | | $40 fee for original issuance in addition to the appropriate | 3 | | registration fee. Of this fee, $25 shall be deposited into the | 4 | | Soil and Water Conservation District Fund and $15 shall be | 5 | | deposited into the Secretary of State Special License Plate | 6 | | Fund, to be used by the Secretary to help defray the | 7 | | administrative processing costs. For each registration renewal | 8 | | period, a $27 fee, in addition to the appropriate registration | 9 | | fee, shall be charged. Of this fee, $25 shall be deposited into | 10 | | the Soil and Water Conservation District Fund and $2 shall be | 11 | | deposited into the Secretary of State Special License Plate | 12 | | Fund. | 13 | | (d) The Soil and Water Conservation District Fund is | 14 | | created as a special fund in the State treasury. All money in | 15 | | the Soil and Water Conservation District Fund shall be paid, | 16 | | subject to appropriation by the General Assembly and | 17 | | distribution by the Secretary, as grants to Illinois soil and | 18 | | water conservation districts for projects that conserve and | 19 | | restore soil and water in Illinois. All interest earned on | 20 | | moneys in the Fund shall be deposited into the Fund. The Fund | 21 | | shall not be subject to administrative charges or chargebacks, | 22 | | such as but not limited to those authorized under Section 8h of | 23 | | the State Finance Act. | 24 | | (e) Notwithstanding any other provision of law, on July 1, | 25 | | 2023, or as soon thereafter as practical, the State | 26 | | Comptroller shall direct and the State Treasurer shall |
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| 1 | | transfer the remaining balance from the Soil and Water | 2 | | Conservation District Fund into the Partners for Conservation | 3 | | Fund. Upon completion of the transfers, the Soil and Water | 4 | | Conservation District Fund is dissolved, and any future | 5 | | deposits due to that Fund and any outstanding obligations or | 6 | | liabilities of that Fund shall pass to the Partners for | 7 | | Conservation Fund. | 8 | | (f) This Section is repealed on January 1, 2025 2024 . | 9 | | (Source: P.A. 103-8, eff. 6-7-23.) | 10 | | Section 105. The Illinois Controlled Substances Act is | 11 | | amended by changing Section 311.6 as follows: | 12 | | (720 ILCS 570/311.6) | 13 | | (Text of Section before amendment by P.A. 103-425 ) | 14 | | (This Section may contain text from a Public Act with a | 15 | | delayed effective date ) | 16 | | Sec. 311.6. Opioid prescriptions. | 17 | | (a) Notwithstanding any other provision of law, a | 18 | | prescription for a substance classified in Schedule II, III, | 19 | | IV, or V must be sent electronically, in accordance with | 20 | | Section 316. Prescriptions sent in accordance with this | 21 | | subsection (a) must be accepted by the dispenser in electronic | 22 | | format. | 23 | | (b) Notwithstanding any other provision of this Section or | 24 | | any other provision of law, a prescriber shall not be required |
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| 1 | | to issue prescriptions electronically if he or she certifies | 2 | | to the Department of Financial and Professional Regulation | 3 | | that he or she will not issue more than 25 prescriptions during | 4 | | a 12-month period. Prescriptions in both oral and written form | 5 | | for controlled substances shall be included in determining | 6 | | whether the prescriber will reach the limit of 25 | 7 | | prescriptions. | 8 | | (c) The Department of Financial and Professional | 9 | | Regulation shall adopt rules for the administration of this | 10 | | Section. These rules shall provide for the implementation of | 11 | | any such exemption to the requirements under this Section that | 12 | | the Department of Financial and Professional Regulation may | 13 | | deem appropriate, including the exemption provided for in | 14 | | subsection (b). | 15 | | (Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. | 16 | | 102-1109 for effective date of P.A. 102-490).) | 17 | | (Text of Section after amendment by P.A. 103-425 ) | 18 | | (This Section may contain text from a Public Act with a | 19 | | delayed effective date ) | 20 | | Sec. 311.6. Opioid prescriptions. | 21 | | (a) Notwithstanding any other provision of law, a | 22 | | prescription for a substance classified in Schedule II, III, | 23 | | IV, or V must be sent electronically, in accordance with | 24 | | Section 316. Prescriptions sent in accordance with this | 25 | | subsection (a) must be accepted by the dispenser in electronic |
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| 1 | | format. | 2 | | (b) Beginning on the effective date of this amendatory Act | 3 | | of the 103rd General Assembly until December 31, 2028, | 4 | | notwithstanding any other provision of this Section or any | 5 | | other provision of law, a prescriber shall not be required to | 6 | | issue prescriptions electronically if he or she certifies to | 7 | | the Department of Financial and Professional Regulation that | 8 | | he or she will not issue more than 150 prescriptions during a | 9 | | 12-month period. Prescriptions in both oral and written form | 10 | | for controlled substances shall be included in determining | 11 | | whether the prescriber will reach the limit of 150 | 12 | | prescriptions. Beginning January 1, 2029, notwithstanding any | 13 | | other provision of this Section or any other provision of law, | 14 | | a prescriber shall not be required to issue prescriptions | 15 | | electronically if he or she certifies to the Department of | 16 | | Financial and Professional Regulation that he or she will not | 17 | | issue more than 50 prescriptions during a 12-month period. | 18 | | Prescriptions in both oral and written form for controlled | 19 | | substances shall be included in determining whether the | 20 | | prescriber will reach the limit of 50 prescriptions. | 21 | | (b-5) Notwithstanding any other provision of this Section | 22 | | or any other provision of law, a prescriber shall not be | 23 | | required to issue prescriptions electronically under the | 24 | | following circumstances: | 25 | | (1) prior to January 1, 2026, the prescriber | 26 | | demonstrates financial difficulties in buying or managing |
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| 1 | | an electronic prescription option, whether it is an | 2 | | electronic health record or some other electronic | 3 | | prescribing product; | 4 | | (2) on and after January 1, 2026, the prescriber | 5 | | provides proof of a waiver from the Centers for Medicare | 6 | | and Medicaid Services for the Electronic Prescribing for | 7 | | Controlled Substances Program due to demonstrated economic | 8 | | hardship for the previous compliance year; | 9 | | (3) there is a temporary technological or electrical | 10 | | failure that prevents an electronic prescription from | 11 | | being issued; | 12 | | (4) the prescription is for a drug that the | 13 | | practitioner reasonably determines would be impractical | 14 | | for the patient to obtain in a timely manner if prescribed | 15 | | by an electronic data transmission prescription and the | 16 | | delay would adversely impact the patient's medical | 17 | | condition; | 18 | | (5) the prescription is for an individual who: | 19 | | (A) resides in a nursing or assisted living | 20 | | facility; | 21 | | (B) is receiving hospice or palliative care; | 22 | | (C) is receiving care at an outpatient renal | 23 | | dialysis facility and the prescription is related to | 24 | | the care provided; | 25 | | (D) is receiving care through the United States | 26 | | Department of Veterans Affairs; or |
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| 1 | | (E) is incarcerated in a state, detained, or | 2 | | confined in a correctional facility; | 3 | | (6) the prescription prescribes a drug under a | 4 | | research protocol; | 5 | | (7) the prescription is a non-patient specific | 6 | | prescription dispensed under a standing order, approved | 7 | | protocol for drug therapy, collaborative drug management, | 8 | | or comprehensive medication management, or in response to | 9 | | a public health emergency or other circumstance in which | 10 | | the practitioner may issue a non-patient specific | 11 | | prescription; | 12 | | (8) the prescription is issued when the prescriber and | 13 | | dispenser are the same entity; or | 14 | | (9) the prescription is issued for a compound | 15 | | prescription containing 2 or more compounds ; or . | 16 | | (10) the prescription is issued by a licensed | 17 | | veterinarian within 2 years after the effective date of | 18 | | this amendatory Act of the 103rd General Assembly. | 19 | | (c) The Department of Financial and Professional | 20 | | Regulation may adopt rules for the administration of this | 21 | | Section to the requirements under this Section that the | 22 | | Department of Financial and Professional Regulation may deem | 23 | | appropriate. | 24 | | (d) Any prescriber who makes a good faith effort to | 25 | | prescribe electronically, but for reasons not within the | 26 | | prescriber's control is unable to prescribe electronically, |
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| 1 | | may be exempt from any disciplinary action. | 2 | | (e) Any pharmacist who dispenses in good faith based upon | 3 | | a valid prescription that is not prescribed electronically may | 4 | | be exempt from any disciplinary action. A pharmacist is not | 5 | | required to ensure or responsible for ensuring the | 6 | | prescriber's compliance under subsection (b), nor may any | 7 | | other entity or organization require a pharmacist to ensure | 8 | | the prescriber's compliance with that subsection. | 9 | | (f) It shall be a violation of this Section for any | 10 | | prescriber or dispenser to adopt a policy contrary to this | 11 | | Section. | 12 | | (Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. | 13 | | 102-1109 for effective date of P.A. 102-490); 103-425, eff. | 14 | | 1-1-24.) | 15 | | Section 110. The Common Interest Community Association Act | 16 | | is amended by changing Section 1-90 as follows: | 17 | | (765 ILCS 160/1-90) | 18 | | (Section scheduled to be repealed on January 1, 2024) | 19 | | Sec. 1-90. Compliance with the Condominium and Common | 20 | | Interest Community Ombudsperson Act. Every common interest | 21 | | community association, except for those exempt from this Act | 22 | | under Section 1-75, must comply with the Condominium and | 23 | | Common Interest Community Ombudsperson Act and is subject to | 24 | | all provisions of the Condominium and Common Interest |
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| 1 | | Community Ombudsperson Act. This Section is repealed January | 2 | | 1, 2026 2024 . | 3 | | (Source: P.A. 102-921, eff. 5-27-22.) | 4 | | Section 115. The Condominium Property Act is amended by | 5 | | changing Section 35 as follows: | 6 | | (765 ILCS 605/35) | 7 | | (Section scheduled to be repealed on January 1, 2024) | 8 | | Sec. 35. Compliance with the Condominium and Common | 9 | | Interest Community Ombudsperson Act. Every unit owners' | 10 | | association must comply with the Condominium and Common | 11 | | Interest Community Ombudsperson Act and is subject to all | 12 | | provisions of the Condominium and Common Interest Community | 13 | | Ombudsperson Act. This Section is repealed January 1, 2026 | 14 | | 2024 . | 15 | | (Source: P.A. 102-921, eff. 5-27-22.) | 16 | | Section 120. The Condominium and Common Interest Community | 17 | | Ombudsperson Act is amended by changing Section 70 as follows: | 18 | | (765 ILCS 615/70) | 19 | | (Section scheduled to be repealed on January 1, 2024) | 20 | | Sec. 70. Repeal. This Act is repealed on January 1, 2026 | 21 | | 2024 . | 22 | | (Source: P.A. 102-921, eff. 5-27-22.) |
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| 1 | | Section 900. "An Act concerning housing", approved June | 2 | | 30, 2023, Public Act 103-215, is amended by adding Section 99 | 3 | | as follows: | 4 | | (P.A. 103-215, Sec. 99 new) | 5 | | Sec. 99. Effective date. This Act takes effect April 30, | 6 | | 2024. | 7 | | Section 905. "An Act concerning education", approved | 8 | | August 11, 2023, Public Act 103-542, is amended by adding | 9 | | Section 99 as follows: | 10 | | (P.A. 103-542, Sec. 99 new) | 11 | | Section 99. Effective date. This Act takes effect on July | 12 | | 1, 2024. | 13 | | Section 950. No acceleration or delay. Where this Act | 14 | | makes changes in a statute that is represented in this Act by | 15 | | text that is not yet or no longer in effect (for example, a | 16 | | Section represented by multiple versions), the use of that | 17 | | text does not accelerate or delay the taking effect of (i) the | 18 | | changes made by this Act or (ii) provisions derived from any | 19 | | other Public Act. | 20 | | Section 999. Effective date. This Act takes effect upon | 21 | | becoming law. |
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