Bill Amendment: IL SB0854 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2023-12-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0854 Detail]
Download: Illinois-2023-SB0854-Senate_Amendment_001.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2023-12-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0854 Detail]
Download: Illinois-2023-SB0854-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 854 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 854 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Sections 4.34 and 4.35 as follows:
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6 | (5 ILCS 80/4.34) | ||||||
7 | Sec. 4.34. Acts and Section repealed on January 1, 2024. | ||||||
8 | The following Acts and Section of an Act are repealed on | ||||||
9 | January 1, 2024: | ||||||
10 | The Crematory Regulation Act. | ||||||
11 | The Electrologist Licensing Act. | ||||||
12 | The Illinois Certified Shorthand Reporters Act of | ||||||
13 | 1984. | ||||||
14 | The Illinois Occupational Therapy Practice Act. | ||||||
15 | The Illinois Public Accounting Act. | ||||||
16 | The Private Detective, Private Alarm, Private |
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1 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
2 | The Registered Surgical Assistant and Registered | ||||||
3 | Surgical Technologist Title Protection Act. | ||||||
4 | Section 2.5 of the Illinois Plumbing License Law. | ||||||
5 | The Veterinary Medicine and Surgery Practice Act of | ||||||
6 | 2004. | ||||||
7 | (Source: P.A. 102-291, eff. 8-6-21.)
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8 | (5 ILCS 80/4.35) | ||||||
9 | Sec. 4.35. Acts Act repealed on January 1, 2025. The | ||||||
10 | following Acts are Act is repealed on January 1, 2025: | ||||||
11 | The Genetic Counselor Licensing Act. | ||||||
12 | The Illinois Certified Shorthand Reporters Act of 1984. | ||||||
13 | (Source: P.A. 98-813, eff. 1-1-15 .)
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14 | Section 10. The Illinois Administrative Procedure Act is | ||||||
15 | amended by changing and renumbering Section 5-45.35, as added | ||||||
16 | by Public Act 102-1108, Section 5-45.35, as added by Public | ||||||
17 | Act 102-1115, and Section 5-45.35, as added by Public Act | ||||||
18 | 102-1125,:
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19 | (5 ILCS 100/5-45.36) | ||||||
20 | (Section scheduled to be repealed on December 21, 2023) | ||||||
21 | Sec. 5-45.36 5-45.35 . Emergency rulemaking; Refugee | ||||||
22 | Resettlement Program. To ensure the availability of refugee | ||||||
23 | resettlement program services in the case of an imminent, |
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1 | large-scale refugee resettlement event, emergency rules may be | ||||||
2 | adopted in accordance with Section 5-45 by the Department of | ||||||
3 | Human Services. The adoption of emergency rules authorized by | ||||||
4 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
5 | public interest, safety, and welfare. | ||||||
6 | This Section is repealed on December 31, 2025 one year | ||||||
7 | after the effective date of this amendatory Act of the 102nd | ||||||
8 | General Assembly . | ||||||
9 | (Source: P.A. 102-1108, eff. 12-21-22; revised 3-13-23.)
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10 | (5 ILCS 100/5-45.41) | ||||||
11 | (Section scheduled to be repealed on February 3, 2024) | ||||||
12 | Sec. 5-45.41 5-45.35 . Emergency rulemaking. To provide for | ||||||
13 | the expeditious and timely implementation of the Invest in | ||||||
14 | Illinois Act, emergency rules implementing the Invest in | ||||||
15 | Illinois Act may be adopted in accordance with Section 5-45 by | ||||||
16 | the Department of Commerce and Economic Opportunity. The | ||||||
17 | adoption of emergency rules authorized by Section 5-45 and | ||||||
18 | this Section is deemed to be necessary for the public | ||||||
19 | interest, safety, and welfare. | ||||||
20 | This Section is repealed on February 3, 2025 one year | ||||||
21 | after the effective date of this amendatory Act of the 102nd | ||||||
22 | General Assembly . | ||||||
23 | (Source: P.A. 102-1125, eff. 2-3-23; revised 3-13-23.)
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24 | (5 ILCS 100/5-45.44) |
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1 | (Section scheduled to be repealed on January 9, 2024) | ||||||
2 | Sec. 5-45.44 5-45.35 . Emergency rulemaking; Hate Crimes | ||||||
3 | and Bias Incident Prevention and Response Fund and Local | ||||||
4 | Chambers of Commerce Recovery Grants. To provide for the | ||||||
5 | expeditious and timely implementation of Public Act 102-1115 | ||||||
6 | this amendatory Act of the 102nd General Assembly , emergency | ||||||
7 | rules implementing Section 6z-138 of the State Finance Act may | ||||||
8 | be adopted in accordance with Section 5-45 by the Department | ||||||
9 | of Human Rights and emergency rules implementing Section | ||||||
10 | 605-1105 of the Department of Commerce and Economic | ||||||
11 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
12 | may be adopted in accordance with Section 5-45 by the | ||||||
13 | Department of Commerce and Economic Opportunity. The adoption | ||||||
14 | of emergency rules authorized by Section 5-45 and this Section | ||||||
15 | is deemed to be necessary for the public interest, safety, and | ||||||
16 | welfare. | ||||||
17 | This Section is repealed on January 9, 2025 one year after | ||||||
18 | the effective date of this amendatory Act of the 102nd General | ||||||
19 | Assembly . | ||||||
20 | (Source: P.A. 102-1115, eff. 1-9-23; revised 9-27-23.)
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21 | Section 15. The Election Code is amended by changing | ||||||
22 | Section 1-23 as follows:
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23 | (10 ILCS 5/1-23) | ||||||
24 | (Section scheduled to be repealed on June 1, 2024) |
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1 | Sec. 1-23. Ranked-Choice and Voting Systems Task Force. | ||||||
2 | (a) The Ranked-Choice and Voting Systems Task Force is | ||||||
3 | created. The purpose of the Task Force is to review voting | ||||||
4 | systems and the methods of voting, including ranked-choice | ||||||
5 | voting, that could be authorized by law. The Task Force shall | ||||||
6 | have the following duties: | ||||||
7 | (1) Engage election officials, interested groups, and | ||||||
8 | members of the public for the purpose of assessing the | ||||||
9 | adoption and implementation of ranked-choice voting in | ||||||
10 | presidential primary elections beginning in 2028. | ||||||
11 | (2) Review standards used to certify or approve the | ||||||
12 | use of a voting system, including the standards adopted by | ||||||
13 | the U.S. Election Assistance Commission and the State | ||||||
14 | Board of Elections. | ||||||
15 | (3) Advise whether the voting system used by Illinois | ||||||
16 | election authorities would be able to accommodate | ||||||
17 | alternative methods of voting, including, but not limited | ||||||
18 | to, ranked-choice voting. | ||||||
19 | (4) Make recommendations or suggestions for changes to | ||||||
20 | the Election Code or administrative rules for | ||||||
21 | certification of voting systems in Illinois to accommodate | ||||||
22 | alternative methods of voting, including ranked-choice | ||||||
23 | voting. | ||||||
24 | (b) On or before June 30, 2025 March 1, 2024 , the Task | ||||||
25 | Force shall publish a final report of its findings and | ||||||
26 | recommendations. The report shall, at a minimum, detail |
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1 | findings and recommendations related to the duties of the Task | ||||||
2 | Force and the following: | ||||||
3 | (1) the process used in Illinois to certify voting | ||||||
4 | systems, including which systems can conduct ranked-choice | ||||||
5 | voting; and | ||||||
6 | (2) information about the voting system used by | ||||||
7 | election authorities, including which election authorities | ||||||
8 | rely on legacy hardware and software for voting and which | ||||||
9 | counties and election authorities rely on equipment for | ||||||
10 | voting that has not exceeded its usable life span but | ||||||
11 | require a software upgrade to accommodate ranked-choice | ||||||
12 | voting. In this paragraph, "legacy hardware and software" | ||||||
13 | means equipment that has exceeded its usable life span. | ||||||
14 | (c) The Task Force shall consist of the following members: | ||||||
15 | (1) 4 members, appointed by the Senate President, | ||||||
16 | including 2 members of the Senate and 2 members of the | ||||||
17 | public; | ||||||
18 | (2) 4 members, appointed by the Speaker of the House | ||||||
19 | of Representatives, including 2 members of the House of | ||||||
20 | Representatives and 2 members of the public; | ||||||
21 | (3) 4 members, appointed by the Minority Leader of the | ||||||
22 | Senate, including 2 members of the Senate and 2 members of | ||||||
23 | the public; | ||||||
24 | (4) 4 members, appointed by the Minority Leader of the | ||||||
25 | House of Representatives, including 2 members of the House | ||||||
26 | of Representatives and 2 members of the public; |
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1 | (5) 4 members, appointed by the Governor, including at | ||||||
2 | least 2 members with knowledge and experience | ||||||
3 | administering elections. | ||||||
4 | (d) Appointments to the Task Force shall be made within 30 | ||||||
5 | days after the effective date of this amendatory Act of the | ||||||
6 | 103rd General Assembly. Members shall serve without | ||||||
7 | compensation. | ||||||
8 | (e) The Task Force shall meet at the call of a co-chair at | ||||||
9 | least quarterly to fulfill its duties. At the first meeting of | ||||||
10 | the Task Force, the Task Force shall elect one co-chair from | ||||||
11 | the members appointed by the Senate President and one co-chair | ||||||
12 | from the members appointed by the Speaker of the House of | ||||||
13 | Representatives. | ||||||
14 | (f) The State Board of Elections shall provide | ||||||
15 | administrative support for the Task Force. | ||||||
16 | (g) This Section is repealed, and the Task Force is | ||||||
17 | dissolved, on July 1, 2025 June 1, 2024 . | ||||||
18 | (Source: P.A. 103-467, eff. 8-4-23.)
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19 | Section 20. The Department of Commerce and Economic | ||||||
20 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
21 | is amended by changing Section 605-1080 as follows:
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22 | (20 ILCS 605/605-1080) | ||||||
23 | (Section scheduled to be repealed on January 1, 2024) | ||||||
24 | Sec. 605-1080. Personal care products industry supplier |
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1 | disparity study. | ||||||
2 | (a) The Department shall compile and publish a disparity | ||||||
3 | study by December 31, 2022 that: (1) evaluates whether there | ||||||
4 | exists intentional discrimination at the supplier or | ||||||
5 | distribution level for retailers of beauty products, | ||||||
6 | cosmetics, hair care supplies, and personal care products in | ||||||
7 | the State of Illinois; and (2) if so, evaluates the impact of | ||||||
8 | such discrimination on the State and includes recommendations | ||||||
9 | for reducing or eliminating any barriers to entry to those | ||||||
10 | wishing to establish businesses at the retail level involving | ||||||
11 | such products. The Department shall forward a copy of its | ||||||
12 | findings and recommendations to the General Assembly and | ||||||
13 | Governor. | ||||||
14 | (b) The Department may compile, collect, or otherwise | ||||||
15 | gather data necessary for the administration of this Section | ||||||
16 | and to carry out the Department's duty relating to the | ||||||
17 | recommendation of policy changes. The Department shall compile | ||||||
18 | all of the data into a single report, submit the report to the | ||||||
19 | Governor and the General Assembly, and publish the report on | ||||||
20 | its website. | ||||||
21 | (c) This Section is repealed on January 1, 2026 2024 . | ||||||
22 | (Source: P.A. 101-658, eff. 3-23-21; 102-813, eff. 5-13-22.)
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23 | Section 25. The Electric Vehicle Act is amended by | ||||||
24 | changing Section 60 as follows:
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1 | (20 ILCS 627/60) | ||||||
2 | (Section scheduled to be repealed on January 1, 2024) | ||||||
3 | Sec. 60. Study on loss of infrastructure funds and | ||||||
4 | replacement options. The Illinois Department of Transportation | ||||||
5 | shall conduct a study to be delivered to the members of the | ||||||
6 | Illinois General Assembly and made available to the public no | ||||||
7 | later than September 30, 2022. The study shall consider how | ||||||
8 | the proliferation of electric vehicles will adversely affect | ||||||
9 | resources needed for transportation infrastructure and take | ||||||
10 | into consideration any relevant federal actions. The study | ||||||
11 | shall identify the potential revenue loss and offer multiple | ||||||
12 | options for replacing those lost revenues. The Illinois | ||||||
13 | Department of Transportation shall collaborate with | ||||||
14 | organizations representing businesses involved in designing | ||||||
15 | and building transportation infrastructure, organized labor, | ||||||
16 | the general business community, and users of the system. In | ||||||
17 | addition, the Illinois Department of Transportation may | ||||||
18 | collaborate with other state agencies, including but not | ||||||
19 | limited to the Illinois Secretary of State and the Illinois | ||||||
20 | Department of Revenue. | ||||||
21 | This Section is repealed on January 1, 2025 2024 . | ||||||
22 | (Source: P.A. 102-662, eff. 9-15-21; 102-673, eff. 11-30-21.)
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23 | Section 30. The Department of Transportation Law of the | ||||||
24 | Civil Administrative Code of Illinois is amended by changing | ||||||
25 | Section 2705-620 as follows:
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1 | (20 ILCS 2705/2705-620) | ||||||
2 | (Section scheduled to be repealed on December 31, 2023) | ||||||
3 | Sec. 2705-620. Bond Reform in the Construction Industry | ||||||
4 | Task Force. | ||||||
5 | (a) There is created the Bond Reform in the Construction | ||||||
6 | Industry Task Force consisting of the following members: | ||||||
7 | (1) the Governor, or his or her designee; | ||||||
8 | (2) the State Treasurer, or his or her designee; | ||||||
9 | (3) the Director of Insurance, or his or her designee; | ||||||
10 | (4) 2 members appointed by the Speaker of the House of | ||||||
11 | Representatives; | ||||||
12 | (5) 2 members appointed by the Minority Leader of the | ||||||
13 | House of Representatives; | ||||||
14 | (6) 2 members appointed by the President of the | ||||||
15 | Senate; | ||||||
16 | (7) 2 members appointed by the Minority Leader of the | ||||||
17 | Senate; and | ||||||
18 | (8) 7 members representing the construction industry | ||||||
19 | appointed by the Governor. | ||||||
20 | The Department of Transportation shall provide | ||||||
21 | administrative support to the Task Force. | ||||||
22 | (b) The Task Force shall study innovative ways to reduce | ||||||
23 | the cost of insurance in the private and public construction | ||||||
24 | industry while protecting owners from risk of nonperformance. | ||||||
25 | The Task Force shall consider options that include, but are |
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1 | not limited to, owner-financed insurance instead of | ||||||
2 | contractor-financed insurance and alternative ways to manage | ||||||
3 | risk other than bonds or other insurance products. | ||||||
4 | (c) The Task Force shall report its findings and | ||||||
5 | recommendations to the General Assembly no later than July 1, | ||||||
6 | 2024 March 1, 2023 . | ||||||
7 | (d) This Section is repealed December 31, 2024 2023 . | ||||||
8 | (Source: P.A. 102-1065, eff. 6-10-22.)
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9 | Section 35. The Illinois Power Agency Act is amended by | ||||||
10 | changing Section 1-130 as follows:
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11 | (20 ILCS 3855/1-130) | ||||||
12 | (Section scheduled to be repealed on January 1, 2024) | ||||||
13 | Sec. 1-130. Home rule preemption. | ||||||
14 | (a) The authorization to impose any new taxes or fees | ||||||
15 | specifically related to the generation of electricity by, the | ||||||
16 | capacity to generate electricity by, or the emissions into the | ||||||
17 | atmosphere by electric generating facilities after the | ||||||
18 | effective date of this Act is an exclusive power and function | ||||||
19 | of the State. A home rule unit may not levy any new taxes or | ||||||
20 | fees specifically related to the generation of electricity by, | ||||||
21 | the capacity to generate electricity by, or the emissions into | ||||||
22 | the atmosphere by electric generating facilities after the | ||||||
23 | effective date of this Act. This Section is a denial and | ||||||
24 | limitation on home rule powers and functions under subsection |
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1 | (g) of Section 6 of Article VII of the Illinois Constitution. | ||||||
2 | (b) This Section is repealed on January 1, 2025 2024 . | ||||||
3 | (Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21; | ||||||
4 | 102-1109, eff. 12-21-22.)
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5 | Section 40. The Crime Reduction Task Force Act is amended | ||||||
6 | by changing Sections 1-15 and 1-20 as follows:
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7 | (20 ILCS 3926/1-15) | ||||||
8 | (Section scheduled to be repealed on March 1, 2024) | ||||||
9 | Sec. 1-15. Meetings; report. | ||||||
10 | (a) The Task Force shall meet at least 4 times with the | ||||||
11 | first meeting occurring within 60 days after the effective | ||||||
12 | date of this Act. | ||||||
13 | (b) The Task Force shall review available research and | ||||||
14 | best practices and take expert and witness testimony. | ||||||
15 | (c) The Task Force shall produce and submit a report | ||||||
16 | detailing the Task Force's findings, recommendations, and | ||||||
17 | needed resources to the General Assembly and the Governor on | ||||||
18 | or before June 30, 2024 March 1, 2023 . | ||||||
19 | (Source: P.A. 102-756, eff. 5-10-22.)
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20 | (20 ILCS 3926/1-20) | ||||||
21 | (Section scheduled to be repealed on March 1, 2024) | ||||||
22 | Sec. 1-20. Repeal. This Act is repealed on January 1, 2025 | ||||||
23 | March 1, 2024 . |
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1 | (Source: P.A. 102-756, eff. 5-10-22.)
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2 | Section 45. The Racial Disproportionality in Child Welfare | ||||||
3 | Task Force Act is amended by changing Section 30 as follows:
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4 | (20 ILCS 4105/30) | ||||||
5 | (Section scheduled to be repealed on January 1, 2024) | ||||||
6 | Sec. 30. Repeal. The Task Force is dissolved, and this Act | ||||||
7 | is repealed on, June 30, 2024 January 1, 2024 . | ||||||
8 | (Source: P.A. 102-506, eff. 8-20-21.)
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9 | Section 50. The Blue-Ribbon Commission on Transportation | ||||||
10 | Infrastructure Funding and Policy Act is amended by changing | ||||||
11 | Sections 25 and 30:
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12 | (20 ILCS 4116/25) | ||||||
13 | (Section scheduled to be repealed on February 1, 2024) | ||||||
14 | Sec. 25. Report. The Commission shall direct the Illinois | ||||||
15 | Department of Transportation to enter into a contract with a | ||||||
16 | third party to assist the Commission in producing a document | ||||||
17 | that evaluates the topics under this Act and outline formal | ||||||
18 | recommendations that can be acted upon by the General | ||||||
19 | Assembly. The Commission shall report a summary of its | ||||||
20 | activities and produce a final report of the data, findings, | ||||||
21 | and recommendations to the General Assembly by July 1, 2025 | ||||||
22 | January 1, 2024 . The final report shall include specific, |
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1 | actionable recommendations for legislation and organizational | ||||||
2 | adjustments. The final report may include recommendations for | ||||||
3 | pilot programs to test alternatives. The final report and | ||||||
4 | recommendations shall also include any minority and individual | ||||||
5 | views of task force members. | ||||||
6 | (Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; | ||||||
7 | reenacted by P.A. 103-461, eff. 8-4-23.)
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8 | (20 ILCS 4116/30) | ||||||
9 | (Section scheduled to be repealed on February 1, 2024) | ||||||
10 | Sec. 30. Repeal. This Commission is dissolved, and this | ||||||
11 | Act is repealed, on August 1, 2025 February 1, 2024 . | ||||||
12 | (Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; | ||||||
13 | reenacted by P.A. 103-461, eff. 8-4-23.)
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14 | Section 55. The Comprehensive Licensing Information to | ||||||
15 | Minimize Barriers Task Force Act is amended by changing | ||||||
16 | Section 20 as follows:
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17 | (20 ILCS 4121/20) | ||||||
18 | (Section scheduled to be repealed on December 1, 2024) | ||||||
19 | Sec. 20. Report. | ||||||
20 | (a) The Task Force shall conduct an analysis of | ||||||
21 | occupational licensing, including, but not limited to, | ||||||
22 | processes, procedures, and statutory requirements for | ||||||
23 | licensure administered by the Department. The findings of this |
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1 | analysis shall be delivered to the General Assembly, the | ||||||
2 | Office of Management and Budget, the Department, and the | ||||||
3 | public in the form of a final report. For the purpose of | ||||||
4 | ensuring that historically and economically disadvantaged | ||||||
5 | populations are centered in this analysis, the Task Force | ||||||
6 | shall identify low-income and middle-income licensed | ||||||
7 | occupations in this State and aggregate the information from | ||||||
8 | those occupations under the occupations' respective regulatory | ||||||
9 | board overseen by the Department to form the basis of the | ||||||
10 | report. | ||||||
11 | (b) The report shall contain, to the extent available, | ||||||
12 | information collected from sources including, but not limited | ||||||
13 | to, the Department, department licensure boards, other State | ||||||
14 | boards, relevant departments, or other bodies of the State, | ||||||
15 | and supplementary data including, but not limited to, census | ||||||
16 | statistics, federal reporting, or published research as | ||||||
17 | follows: | ||||||
18 | (1) the number of license applications submitted | ||||||
19 | compared with the number of licenses issued; | ||||||
20 | (2) data concerning the reason why licenses were | ||||||
21 | denied or revoked and a ranking of the most common reasons | ||||||
22 | for denial or revocation; | ||||||
23 | (3) an analysis of the information required of license | ||||||
24 | applicants by the Department compared with the information | ||||||
25 | that the Department is required by statute to verify, to | ||||||
26 | ascertain if applicants are required to submit superfluous |
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1 | information; | ||||||
2 | (4) demographic information for the last 5 years of | ||||||
3 | (i) active license holders, (ii) license holders who were | ||||||
4 | disciplined in that period, (iii) license holders whose | ||||||
5 | licenses were revoked in that period, and (iv) license | ||||||
6 | applicants who were not issued licenses; | ||||||
7 | (5) data aggregated from the last 5 years of monthly | ||||||
8 | enforcement reports, including a ranking of the most | ||||||
9 | common reasons for public discipline; | ||||||
10 | (6) the cost of licensure to the individual, | ||||||
11 | including, but not limited to, the fees for initial | ||||||
12 | licensure and renewal, the average cost of training and | ||||||
13 | testing required for initial licensure, and the average | ||||||
14 | cost of meeting continuing education requirements for | ||||||
15 | license renewal; | ||||||
16 | (7) the locations within this State of each program or | ||||||
17 | school that provides the required training and testing | ||||||
18 | needed to obtain or renew a license, and whether the | ||||||
19 | required training and testing can be fulfilled online; | ||||||
20 | (8) the languages in which the required training or | ||||||
21 | testing is offered; | ||||||
22 | (9) the acceptance rates, graduation rates, and | ||||||
23 | dropout rates of the training facilities that provide | ||||||
24 | required training; | ||||||
25 | (10) the percentage of students at each school that | ||||||
26 | offers required training who financed the required |
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1 | training through student loans; and | ||||||
2 | (11) the average annual salary of those in the | ||||||
3 | occupation. | ||||||
4 | (c) The final report shall also contain a general | ||||||
5 | description of the steps taken by the Task Force to fulfill the | ||||||
6 | report criteria and shall include in an appendix of the report | ||||||
7 | any results of the Task Force's analysis in the form of graphs, | ||||||
8 | charts, or other data visualizations. The Task Force shall | ||||||
9 | also exercise due care in the reporting of this information to | ||||||
10 | protect sensitive information of personal or proprietary value | ||||||
11 | or information that would risk the security of residents of | ||||||
12 | this State. | ||||||
13 | (d) The Task Force shall publish the final report by | ||||||
14 | December 1, 2024 2023 with recommendations to the General | ||||||
15 | Assembly, including recommendations for continued required | ||||||
16 | reporting from the Department to better support the General | ||||||
17 | Assembly in revoking, modifying, or creating new licensing | ||||||
18 | Acts. | ||||||
19 | (Source: P.A. 102-1078, eff. 6-10-22.)
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20 | Section 60. The Money Laundering in Real Estate Task Force | ||||||
21 | Act is amended by changing Section 5-15 as follows:
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22 | (20 ILCS 4123/5-15) | ||||||
23 | (Section scheduled to be repealed on January 1, 2026) | ||||||
24 | Sec. 5-15. Reports. The Task Force shall submit a report |
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1 | to the Governor and the General Assembly not later than 24 12 | ||||||
2 | months after the effective date of this Act. The report shall | ||||||
3 | include the Task Force's findings and shall summarize the | ||||||
4 | actions the Task Force has taken and those it intends to take | ||||||
5 | in response to its obligations under the Act. After it submits | ||||||
6 | its initial report, the Task Force shall periodically submit | ||||||
7 | reports to the Governor and the General Assembly as the | ||||||
8 | chairperson of the Task Force deems necessary to apprise those | ||||||
9 | officials of any additional findings made or actions taken by | ||||||
10 | the Task Force. The obligation of the Task Force to submit | ||||||
11 | periodic reports shall continue for the duration of the Task | ||||||
12 | Force. | ||||||
13 | (Source: P.A. 102-1108, eff. 12-21-22.)
| ||||||
14 | Section 65. The Human Trafficking Task Force Act is | ||||||
15 | amended by changing Section 25 as follows:
| ||||||
16 | (20 ILCS 5086/25) | ||||||
17 | (Section scheduled to be repealed on July 1, 2024) | ||||||
18 | Sec. 25. Task force abolished; Act repealed. The Human | ||||||
19 | Trafficking Task Force is abolished and this Act is repealed | ||||||
20 | on July 1, 2025 2024 . | ||||||
21 | (Source: P.A. 102-323, eff. 8-6-21.)
| ||||||
22 | Section 70. The Kidney Disease Prevention and Education | ||||||
23 | Task Force Act is amended by changing Section 10-15 as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (20 ILCS 5160/10-15) | ||||||
3 | (Section scheduled to be repealed on June 1, 2024) | ||||||
4 | Sec. 10-15. Repeal. This Act is repealed on June 1, 2026 | ||||||
5 | 2024 . | ||||||
6 | (Source: P.A. 101-649, eff. 7-7-20; 102-671, eff. 11-30-21.)
| ||||||
7 | Section 75. The Business Enterprise for Minorities, Women, | ||||||
8 | and Persons with Disabilities Act is amended by changing | ||||||
9 | Section 9 as follows:
| ||||||
10 | (30 ILCS 575/9) (from Ch. 127, par. 132.609) | ||||||
11 | (Section scheduled to be repealed on June 30, 2024) | ||||||
12 | Sec. 9. This Act is repealed June 30, 2029 2024 . | ||||||
13 | (Source: P.A. 101-170, eff. 1-1-20 .)
| ||||||
14 | Section 80. The Counties Code is amended by changing | ||||||
15 | Sections 3-5010.8, 4-11001.5, 5-41065, and 5-43043 as follows:
| ||||||
16 | (55 ILCS 5/3-5010.8) | ||||||
17 | (Section scheduled to be repealed on January 1, 2024) | ||||||
18 | Sec. 3-5010.8. Mechanics lien demand and referral pilot | ||||||
19 | program. | ||||||
20 | (a) Legislative findings. The General Assembly finds that | ||||||
21 | expired mechanics liens on residential property, which cloud |
| |||||||
| |||||||
1 | title to property, are a rapidly growing problem throughout | ||||||
2 | the State. In order to address the increase in expired | ||||||
3 | mechanics liens and, more specifically, those that have not | ||||||
4 | been released by the lienholder, a recorder may establish a | ||||||
5 | process to demand and refer mechanics liens that have been | ||||||
6 | recorded but not litigated or released in accordance with the | ||||||
7 | Mechanics Lien Act to an administrative law judge for | ||||||
8 | resolution or demand that the lienholder commence suit or | ||||||
9 | forfeit the lien. | ||||||
10 | (b) Definitions. As used in this Section: | ||||||
11 | "Demand to Commence Suit" means the written demand | ||||||
12 | specified in Section 34 of the Mechanics Lien Act. | ||||||
13 | "Mechanics lien" and "lien" are used interchangeably in | ||||||
14 | this Section. | ||||||
15 | "Notice of Expired Mechanics Lien" means the notice a | ||||||
16 | recorder gives to a property owner under subsection (d) | ||||||
17 | informing the property owner of an expired lien. | ||||||
18 | "Notice of Referral" means the document referring a | ||||||
19 | mechanics lien to a county's code hearing unit. | ||||||
20 | "Recording" and "filing" are used interchangeably in this | ||||||
21 | Section. | ||||||
22 | "Referral" or "refer" means a recorder's referral of a | ||||||
23 | mechanics lien to a county's code hearing unit to obtain a | ||||||
24 | determination as to whether a recorded mechanics lien is | ||||||
25 | valid. | ||||||
26 | "Residential property" means real property improved with |
| |||||||
| |||||||
1 | not less than one nor more than 4 residential dwelling units; a | ||||||
2 | residential condominium unit, including, but not limited to, | ||||||
3 | the common elements allocated to the exclusive use of the | ||||||
4 | condominium unit that form an integral part of the condominium | ||||||
5 | unit and any parking unit or units specified by the | ||||||
6 | declaration to be allocated to a specific residential | ||||||
7 | condominium unit; or a single tract of agriculture real estate | ||||||
8 | consisting of 40 acres or less that is improved with a | ||||||
9 | single-family residence. If a declaration of condominium | ||||||
10 | ownership provides for individually owned and transferable | ||||||
11 | parking units, "residential property" does not include the | ||||||
12 | parking unit of a specified residential condominium unit | ||||||
13 | unless the parking unit is included in the legal description | ||||||
14 | of the property against which the mechanics lien is recorded. | ||||||
15 | (c) Establishment of a mechanics lien demand and referral | ||||||
16 | process. After a public hearing, a recorder in a county with a | ||||||
17 | code hearing unit may adopt rules establishing a mechanics | ||||||
18 | lien demand and referral process for residential property. A | ||||||
19 | recorder shall provide public notice 90 days before the public | ||||||
20 | hearing. The notice shall include a statement of the | ||||||
21 | recorder's intent to create a mechanics lien demand and | ||||||
22 | referral process and shall be published in a newspaper of | ||||||
23 | general circulation in the county and, if feasible, be posted | ||||||
24 | on the recorder's website and at the recorder's office or | ||||||
25 | offices. | ||||||
26 | (d) Notice of Expired Lien. If a recorder determines, |
| |||||||
| |||||||
1 | after review by legal staff or counsel, that a mechanics lien | ||||||
2 | recorded in the grantor's index or the grantee's index is an | ||||||
3 | expired lien, the recorder shall serve a Notice of Expired | ||||||
4 | Lien by certified mail to the last known address of the owner. | ||||||
5 | The owner or legal representative of the owner of the | ||||||
6 | residential property shall confirm in writing his or her | ||||||
7 | belief that the lien is not involved in pending litigation | ||||||
8 | and, if there is no pending litigation, as verified and | ||||||
9 | confirmed by county court records, the owner may request that | ||||||
10 | the recorder proceed with a referral or serve a Demand to | ||||||
11 | Commence Suit. | ||||||
12 | For the purposes of this Section, a recorder shall | ||||||
13 | determine if a lien is an expired lien. A lien is expired if a | ||||||
14 | suit to enforce the lien has not been commenced or a | ||||||
15 | counterclaim has not been filed by the lienholder within 2 | ||||||
16 | years after the completion date of the contract as specified | ||||||
17 | in the recorded mechanics lien. The 2-year period shall be | ||||||
18 | increased to the extent that an automatic stay under Section | ||||||
19 | 362(a) of the United States Bankruptcy Code stays a suit or | ||||||
20 | counterclaim to foreclose the lien. If a work completion date | ||||||
21 | is not specified in the recorded lien, then the work | ||||||
22 | completion date is the date of recording of the mechanics | ||||||
23 | lien. | ||||||
24 | (e) Demand to Commence Suit. Upon receipt of an owner's | ||||||
25 | confirmation that the lien is not involved in pending | ||||||
26 | litigation and a request for the recorder to serve a Demand to |
| |||||||
| |||||||
1 | Commence Suit, the recorder shall serve a Demand to Commence | ||||||
2 | Suit on the lienholder of the expired lien as provided in | ||||||
3 | Section 34 of the Mechanics Lien Act. A recorder may request | ||||||
4 | that the Secretary of State assist in providing registered | ||||||
5 | agent information or obtain information from the Secretary of | ||||||
6 | State's registered business database when the recorder seeks | ||||||
7 | to serve a Demand to Commence suit on the lienholder. Upon | ||||||
8 | request, the Secretary of State, or his or her designee, shall | ||||||
9 | provide the last known address or registered agent information | ||||||
10 | for a lienholder who is incorporated or doing business in the | ||||||
11 | State. The recorder must record a copy of the Demand to | ||||||
12 | Commence suit in the grantor's index or the grantee's index | ||||||
13 | identifying the mechanics lien and include the corresponding | ||||||
14 | document number and the date of demand. The recorder may, at | ||||||
15 | his or her discretion, notify the Secretary of State regarding | ||||||
16 | a Demand to Commence suit determined to involve a company, | ||||||
17 | corporation, or business registered with that office. | ||||||
18 | When the lienholder commences a suit or files an answer | ||||||
19 | within 30 days or the lienholder records a release of lien with | ||||||
20 | the county recorder as required by subsection (a) of Section | ||||||
21 | 34 of the Mechanics Lien Act, then the demand and referral | ||||||
22 | process is completed for the recorder for that property. If | ||||||
23 | service under this Section is responded to consistent with | ||||||
24 | Section 34 of the Mechanics Lien Act, the recorder may not | ||||||
25 | proceed under subsection (f). If no response is received | ||||||
26 | consistent with Section 34 of the Mechanics Lien Act, the |
| |||||||
| |||||||
1 | recorder may proceed under subsection (f). | ||||||
2 | (f) Referral. Upon receipt of an owner's confirmation that | ||||||
3 | the lien is not involved in pending litigation and a request | ||||||
4 | for the recorder to proceed with a referral, the recorder | ||||||
5 | shall: (i) file the Notice of Referral with the county's code | ||||||
6 | hearing unit; (ii) identify and notify the lienholder by | ||||||
7 | telephone, if available, of the referral and send a copy of the | ||||||
8 | Notice of Referral by certified mail to the lienholder using | ||||||
9 | information included in the recorded mechanics lien or the | ||||||
10 | last known address or registered agent received from the | ||||||
11 | Secretary of State or obtained from the Secretary of State's | ||||||
12 | registered business database; (iii) send a copy of the Notice | ||||||
13 | of Referral by mail to the physical address of the property | ||||||
14 | owner associated with the lien; and (iv) record a copy of the | ||||||
15 | Notice of Referral in the grantor's index or the grantee's | ||||||
16 | index identifying the mechanics lien and include the | ||||||
17 | corresponding document number. The Notice of Referral shall | ||||||
18 | clearly identify the person, persons, or entity believed to be | ||||||
19 | the owner, assignee, successor, or beneficiary of the lien. | ||||||
20 | The recorder may, at his or her discretion, notify the | ||||||
21 | Secretary of State regarding a referral determined to involve | ||||||
22 | a company, corporation, or business registered with that | ||||||
23 | office. | ||||||
24 | No earlier than 30 business days after the date the | ||||||
25 | lienholder is required to respond to a Demand to Commence Suit | ||||||
26 | under Section 34 of the Mechanics Lien Act, the code hearing |
| |||||||
| |||||||
1 | unit shall schedule a hearing to occur at least 30 days after | ||||||
2 | sending notice of the date of hearing. Notice of the hearing | ||||||
3 | shall be provided by the county recorder, by and through his or | ||||||
4 | her representative, to the filer, or the party represented by | ||||||
5 | the filer, of the expired lien, the legal representative of | ||||||
6 | the recorder of deeds who referred the case, and the last owner | ||||||
7 | of record, as identified in the Notice of Referral. | ||||||
8 | If the recorder shows by clear and convincing evidence | ||||||
9 | that the lien in question is an expired lien, the | ||||||
10 | administrative law judge shall rule the lien is forfeited | ||||||
11 | under Section 34.5 of the Mechanics Lien Act and that the lien | ||||||
12 | no longer affects the chain of title of the property in any | ||||||
13 | way. The judgment shall be forwarded to all parties identified | ||||||
14 | in this subsection. Upon receiving judgment of a forfeited | ||||||
15 | lien, the recorder shall, within 5 business days, record a | ||||||
16 | copy of the judgment in the grantor's index or the grantee's | ||||||
17 | index. | ||||||
18 | If the administrative law judge finds the lien is not | ||||||
19 | expired, the recorder shall, no later than 5 business days | ||||||
20 | after receiving notice of the decision of the administrative | ||||||
21 | law judge, record a copy of the judgment in the grantor's index | ||||||
22 | or the grantee's index. | ||||||
23 | A decision by an administrative law judge is reviewable | ||||||
24 | under the Administrative Review Law, and nothing in this | ||||||
25 | Section precludes a property owner or lienholder from | ||||||
26 | proceeding with a civil action to resolve questions concerning |
| |||||||
| |||||||
1 | a mechanics lien. | ||||||
2 | A lienholder or property owner may remove the action from | ||||||
3 | the code hearing unit to the circuit court as provided in | ||||||
4 | subsection (i). | ||||||
5 | (g) Final administrative decision. The recorder's decision | ||||||
6 | to refer a mechanics lien or serve a Demand to Commence Suit is | ||||||
7 | a final administrative decision that is subject to review | ||||||
8 | under the Administrative Review Law by the circuit court of | ||||||
9 | the county where the real property is located. The standard of | ||||||
10 | review by the circuit court shall be consistent with the | ||||||
11 | Administrative Review Law. | ||||||
12 | (h) Liability. A recorder and his or her employees or | ||||||
13 | agents are not subject to personal liability by reason of any | ||||||
14 | error or omission in the performance of any duty under this | ||||||
15 | Section, except in the case of willful or wanton conduct. The | ||||||
16 | recorder and his or her employees or agents are not liable for | ||||||
17 | the decision to refer a lien or serve a Demand to Commence | ||||||
18 | Suit, or failure to refer or serve a Demand to Commence Suit, | ||||||
19 | of a lien under this Section. | ||||||
20 | (i) Private actions; use of demand and referral process. | ||||||
21 | Nothing in this Section precludes a private right of action by | ||||||
22 | any party with an interest in the property affected by the | ||||||
23 | mechanics lien or a decision by the code hearing unit. Nothing | ||||||
24 | in this Section requires a person or entity who may have a | ||||||
25 | mechanics lien recorded against his or her property to use the | ||||||
26 | mechanics lien demand and referral process created by this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | A lienholder or property owner may remove a matter in the | ||||||
3 | referral process to the circuit court at any time prior to the | ||||||
4 | final decision of the administrative law judge by delivering a | ||||||
5 | certified notice of the suit filed in the circuit court to the | ||||||
6 | administrative law judge. Upon receipt of the certified | ||||||
7 | notice, the administrative law judge shall dismiss the matter | ||||||
8 | without prejudice. If the matter is dismissed due to removal, | ||||||
9 | then the demand and referral process is completed for the | ||||||
10 | recorder for that property. If the circuit court dismisses the | ||||||
11 | removed matter without deciding on whether the lien is expired | ||||||
12 | and without prejudice, the recorder may reinstitute the demand | ||||||
13 | and referral process under subsection (d). | ||||||
14 | (j) Repeal. This Section is repealed on January 1, 2026 | ||||||
15 | 2024 . | ||||||
16 | (Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
| ||||||
17 | (55 ILCS 5/4-11001.5) | ||||||
18 | (Section scheduled to be repealed on January 1, 2024) | ||||||
19 | Sec. 4-11001.5. Lake County Children's Advocacy Center | ||||||
20 | Pilot Program. | ||||||
21 | (a) The Lake County Children's Advocacy Center Pilot | ||||||
22 | Program is established. Under the Pilot Program, any grand | ||||||
23 | juror or petit juror in Lake County may elect to have his or | ||||||
24 | her juror fees earned under Section 4-11001 of this Code to be | ||||||
25 | donated to the Lake County Children's Advocacy Center, a |
| |||||||
| |||||||
1 | division of the Lake County State's Attorney's office. | ||||||
2 | (b) On or before January 1, 2017, the Lake County board | ||||||
3 | shall adopt, by ordinance or resolution, rules and policies | ||||||
4 | governing and effectuating the ability of jurors to donate | ||||||
5 | their juror fees to the Lake County Children's Advocacy Center | ||||||
6 | beginning January 1, 2017 and ending December 31, 2018. At a | ||||||
7 | minimum, the rules and policies must provide: | ||||||
8 | (1) for a form that a juror may fill out to elect to | ||||||
9 | donate his or her juror fees. The form must contain a | ||||||
10 | statement, in at least 14-point bold type, that donation | ||||||
11 | of juror fees is optional; | ||||||
12 | (2) that all monies donated by jurors shall be | ||||||
13 | transferred by the county to the Lake County Children's | ||||||
14 | Advocacy Center at the same time a juror is paid under | ||||||
15 | Section 4-11001 of this Code who did not elect to donate | ||||||
16 | his or her juror fees; and | ||||||
17 | (3) that all juror fees donated under this Section | ||||||
18 | shall be used exclusively for the operation of Lake County | ||||||
19 | Children's Advocacy Center. | ||||||
20 | The Lake County board shall adopt an ordinance or | ||||||
21 | resolution reestablishing the rules and policies previously | ||||||
22 | adopted under this subsection allowing a juror to donate his | ||||||
23 | or her juror fees to the Lake County Children's Advocacy | ||||||
24 | Center through December 31, 2021. | ||||||
25 | (c) The following information shall be reported to the | ||||||
26 | General Assembly and the Governor by the Lake County board |
| |||||||
| |||||||
1 | after each calendar year of the Pilot Program on or before | ||||||
2 | March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021: | ||||||
3 | (1) the number of grand and petit jurors who earned | ||||||
4 | fees under Section 4-11001 of this Code during the | ||||||
5 | previous calendar year; | ||||||
6 | (2) the number of grand and petit jurors who donated | ||||||
7 | fees under this Section during the previous calendar year; | ||||||
8 | (3) the amount of donated fees under this Section | ||||||
9 | during the previous calendar year; | ||||||
10 | (4) how the monies donated in the previous calendar | ||||||
11 | year were used by the Lake County Children's Advocacy | ||||||
12 | Center; and | ||||||
13 | (5) how much cost there was incurred by Lake County | ||||||
14 | and the Lake County State's Attorney's office in the | ||||||
15 | previous calendar year in implementing the Pilot Program. | ||||||
16 | (d) This Section is repealed on January 1, 2026 2024 . | ||||||
17 | (Source: P.A. 101-612, eff. 12-20-19; 102-671, eff. 11-30-21.)
| ||||||
18 | (55 ILCS 5/5-41065) | ||||||
19 | (Section scheduled to be repealed on January 1, 2024) | ||||||
20 | Sec. 5-41065. Mechanics lien demand and referral | ||||||
21 | adjudication. | ||||||
22 | (a) Notwithstanding any other provision in this Division, | ||||||
23 | a county's code hearing unit must adjudicate an expired | ||||||
24 | mechanics lien referred to the unit under Section 3-5010.8. | ||||||
25 | (b) If a county does not have an administrative law judge |
| |||||||
| |||||||
1 | in its code hearing unit who is familiar with the areas of law | ||||||
2 | relating to mechanics liens, one may be appointed no later | ||||||
3 | than 3 months after the effective date of this amendatory Act | ||||||
4 | of the 100th General Assembly to adjudicate all referrals | ||||||
5 | concerning mechanics liens under Section 3-5010.8. | ||||||
6 | (c) If an administrative law judge familiar with the areas | ||||||
7 | of law relating to mechanics liens has not been appointed as | ||||||
8 | provided subsection (b) when a mechanics lien is referred | ||||||
9 | under Section 3-5010.8 to the code hearing unit, the case | ||||||
10 | shall be removed to the proper circuit court with | ||||||
11 | jurisdiction. | ||||||
12 | (d) This Section is repealed on January 1, 2026 2024 . | ||||||
13 | (Source: P.A. 102-671, eff. 11-30-21.)
| ||||||
14 | (55 ILCS 5/5-43043) | ||||||
15 | (Section scheduled to be repealed on January 1, 2024) | ||||||
16 | Sec. 5-43043. Mechanics lien demand and referral | ||||||
17 | adjudication. | ||||||
18 | (a) Notwithstanding any other provision in this Division, | ||||||
19 | a county's code hearing unit must adjudicate an expired | ||||||
20 | mechanics lien referred to the unit under Section 3-5010.8. | ||||||
21 | (b) If a county does not have an administrative law judge | ||||||
22 | in its code hearing unit who is familiar with the areas of law | ||||||
23 | relating to mechanics liens, one may be appointed no later | ||||||
24 | than 3 months after the effective date of this amendatory Act | ||||||
25 | of the 100th General Assembly to adjudicate all referrals |
| |||||||
| |||||||
1 | concerning mechanics liens under Section 3-5010.8. | ||||||
2 | (c) If an administrative law judge familiar with the areas | ||||||
3 | of law relating to mechanics liens has not been appointed as | ||||||
4 | provided subsection (b) when a mechanics lien is referred | ||||||
5 | under Section 3-5010.8 to the code hearing unit, the case | ||||||
6 | shall be removed to the proper circuit court with | ||||||
7 | jurisdiction. | ||||||
8 | (d) This Section is repealed on January 1, 2026 2024 . | ||||||
9 | (Source: P.A. 102-671, eff. 11-30-21.)
| ||||||
10 | Section 83. The Illinois Vehicle Code is amended by | ||||||
11 | changing Section 3-692 as follows:
| ||||||
12 | (625 ILCS 5/3-692) | ||||||
13 | (Section scheduled to be repealed on January 1, 2024) | ||||||
14 | Sec. 3-692. Soil and Water Conservation District Plates. | ||||||
15 | (a) In addition to any other special license plate, the | ||||||
16 | Secretary, upon receipt of all applicable fees and | ||||||
17 | applications made in the form prescribed by the Secretary of | ||||||
18 | State, may issue Soil and Water Conservation District license | ||||||
19 | plates. The special Soil and Water Conservation District plate | ||||||
20 | issued under this Section shall be affixed only to passenger | ||||||
21 | vehicles of the first division and motor vehicles of the | ||||||
22 | second division weighing not more than 8,000 pounds. Plates | ||||||
23 | issued under this Section shall expire according to the | ||||||
24 | staggered multi-year procedure established by Section 3-414.1 |
| |||||||
| |||||||
1 | of this Code. | ||||||
2 | (b) The design, color, and format of the plates shall be | ||||||
3 | wholly within the discretion of the Secretary of State. | ||||||
4 | Appropriate documentation, as determined by the Secretary, | ||||||
5 | must accompany each application. The Secretary, in his or her | ||||||
6 | discretion, shall approve and prescribe stickers or decals as | ||||||
7 | provided under Section 3-412. | ||||||
8 | (c) An applicant for the special plate shall be charged a | ||||||
9 | $40 fee for original issuance in addition to the appropriate | ||||||
10 | registration fee. Of this fee, $25 shall be deposited into the | ||||||
11 | Soil and Water Conservation District Fund and $15 shall be | ||||||
12 | deposited into the Secretary of State Special License Plate | ||||||
13 | Fund, to be used by the Secretary to help defray the | ||||||
14 | administrative processing costs. For each registration renewal | ||||||
15 | period, a $27 fee, in addition to the appropriate registration | ||||||
16 | fee, shall be charged. Of this fee, $25 shall be deposited into | ||||||
17 | the Soil and Water Conservation District Fund and $2 shall be | ||||||
18 | deposited into the Secretary of State Special License Plate | ||||||
19 | Fund. | ||||||
20 | (d) The Soil and Water Conservation District Fund is | ||||||
21 | created as a special fund in the State treasury. All money in | ||||||
22 | the Soil and Water Conservation District Fund shall be paid, | ||||||
23 | subject to appropriation by the General Assembly and | ||||||
24 | distribution by the Secretary, as grants to Illinois soil and | ||||||
25 | water conservation districts for projects that conserve and | ||||||
26 | restore soil and water in Illinois. All interest earned on |
| |||||||
| |||||||
1 | moneys in the Fund shall be deposited into the Fund. The Fund | ||||||
2 | shall not be subject to administrative charges or chargebacks, | ||||||
3 | such as but not limited to those authorized under Section 8h of | ||||||
4 | the State Finance Act. | ||||||
5 | (e) Notwithstanding any other provision of law, on July 1, | ||||||
6 | 2023, or as soon thereafter as practical, the State | ||||||
7 | Comptroller shall direct and the State Treasurer shall | ||||||
8 | transfer the remaining balance from the Soil and Water | ||||||
9 | Conservation District Fund into the Partners for Conservation | ||||||
10 | Fund. Upon completion of the transfers, the Soil and Water | ||||||
11 | Conservation District Fund is dissolved, and any future | ||||||
12 | deposits due to that Fund and any outstanding obligations or | ||||||
13 | liabilities of that Fund shall pass to the Partners for | ||||||
14 | Conservation Fund. | ||||||
15 | (f) This Section is repealed on January 1, 2025 2024 . | ||||||
16 | (Source: P.A. 103-8, eff. 6-7-23.)
| ||||||
17 | Section 85. The Illinois Controlled Substances Act is | ||||||
18 | amended by changing Section 311.6 as follows:
| ||||||
19 | (720 ILCS 570/311.6) | ||||||
20 | (Text of Section before amendment by P.A. 103-425 ) | ||||||
21 | (This Section may contain text from a Public Act with a | ||||||
22 | delayed effective date ) | ||||||
23 | Sec. 311.6. Opioid prescriptions. | ||||||
24 | (a) Notwithstanding any other provision of law, a |
| |||||||
| |||||||
1 | prescription for a substance classified in Schedule II, III, | ||||||
2 | IV, or V must be sent electronically, in accordance with | ||||||
3 | Section 316. Prescriptions sent in accordance with this | ||||||
4 | subsection (a) must be accepted by the dispenser in electronic | ||||||
5 | format. | ||||||
6 | (b) Notwithstanding any other provision of this Section or | ||||||
7 | any other provision of law, a prescriber shall not be required | ||||||
8 | to issue prescriptions electronically if he or she certifies | ||||||
9 | to the Department of Financial and Professional Regulation | ||||||
10 | that he or she will not issue more than 25 prescriptions during | ||||||
11 | a 12-month period. Prescriptions in both oral and written form | ||||||
12 | for controlled substances shall be included in determining | ||||||
13 | whether the prescriber will reach the limit of 25 | ||||||
14 | prescriptions. | ||||||
15 | (c) The Department of Financial and Professional | ||||||
16 | Regulation shall adopt rules for the administration of this | ||||||
17 | Section. These rules shall provide for the implementation of | ||||||
18 | any such exemption to the requirements under this Section that | ||||||
19 | the Department of Financial and Professional Regulation may | ||||||
20 | deem appropriate, including the exemption provided for in | ||||||
21 | subsection (b). | ||||||
22 | (Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. | ||||||
23 | 102-1109 for effective date of P.A. 102-490).)
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24 | (Text of Section after amendment by P.A. 103-425 ) | ||||||
25 | (This Section may contain text from a Public Act with a |
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1 | delayed effective date ) | ||||||
2 | Sec. 311.6. Opioid prescriptions. | ||||||
3 | (a) Notwithstanding any other provision of law, a | ||||||
4 | prescription for a substance classified in Schedule II, III, | ||||||
5 | IV, or V must be sent electronically, in accordance with | ||||||
6 | Section 316. Prescriptions sent in accordance with this | ||||||
7 | subsection (a) must be accepted by the dispenser in electronic | ||||||
8 | format. | ||||||
9 | (b) Beginning on the effective date of this amendatory Act | ||||||
10 | of the 103rd General Assembly until December 31, 2028, | ||||||
11 | notwithstanding any other provision of this Section or any | ||||||
12 | other provision of law, a prescriber shall not be required to | ||||||
13 | issue prescriptions electronically if he or she certifies to | ||||||
14 | the Department of Financial and Professional Regulation that | ||||||
15 | he or she will not issue more than 150 prescriptions during a | ||||||
16 | 12-month period. Prescriptions in both oral and written form | ||||||
17 | for controlled substances shall be included in determining | ||||||
18 | whether the prescriber will reach the limit of 150 | ||||||
19 | prescriptions. Beginning January 1, 2029, notwithstanding any | ||||||
20 | other provision of this Section or any other provision of law, | ||||||
21 | a prescriber shall not be required to issue prescriptions | ||||||
22 | electronically if he or she certifies to the Department of | ||||||
23 | Financial and Professional Regulation that he or she will not | ||||||
24 | issue more than 50 prescriptions during a 12-month period. | ||||||
25 | Prescriptions in both oral and written form for controlled | ||||||
26 | substances shall be included in determining whether the |
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1 | prescriber will reach the limit of 50 prescriptions. | ||||||
2 | (b-5) Notwithstanding any other provision of this Section | ||||||
3 | or any other provision of law, a prescriber shall not be | ||||||
4 | required to issue prescriptions electronically under the | ||||||
5 | following circumstances: | ||||||
6 | (1) prior to January 1, 2026, the prescriber | ||||||
7 | demonstrates financial difficulties in buying or managing | ||||||
8 | an electronic prescription option, whether it is an | ||||||
9 | electronic health record or some other electronic | ||||||
10 | prescribing product; | ||||||
11 | (2) on and after January 1, 2026, the prescriber | ||||||
12 | provides proof of a waiver from the Centers for Medicare | ||||||
13 | and Medicaid Services for the Electronic Prescribing for | ||||||
14 | Controlled Substances Program due to demonstrated economic | ||||||
15 | hardship for the previous compliance year; | ||||||
16 | (3) there is a temporary technological or electrical | ||||||
17 | failure that prevents an electronic prescription from | ||||||
18 | being issued; | ||||||
19 | (4) the prescription is for a drug that the | ||||||
20 | practitioner reasonably determines would be impractical | ||||||
21 | for the patient to obtain in a timely manner if prescribed | ||||||
22 | by an electronic data transmission prescription and the | ||||||
23 | delay would adversely impact the patient's medical | ||||||
24 | condition; | ||||||
25 | (5) the prescription is for an individual who: | ||||||
26 | (A) resides in a nursing or assisted living |
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1 | facility; | ||||||
2 | (B) is receiving hospice or palliative care; | ||||||
3 | (C) is receiving care at an outpatient renal | ||||||
4 | dialysis facility and the prescription is related to | ||||||
5 | the care provided; | ||||||
6 | (D) is receiving care through the United States | ||||||
7 | Department of Veterans Affairs; or | ||||||
8 | (E) is incarcerated in a state, detained, or | ||||||
9 | confined in a correctional facility; | ||||||
10 | (6) the prescription prescribes a drug under a | ||||||
11 | research protocol; | ||||||
12 | (7) the prescription is a non-patient specific | ||||||
13 | prescription dispensed under a standing order, approved | ||||||
14 | protocol for drug therapy, collaborative drug management, | ||||||
15 | or comprehensive medication management, or in response to | ||||||
16 | a public health emergency or other circumstance in which | ||||||
17 | the practitioner may issue a non-patient specific | ||||||
18 | prescription; | ||||||
19 | (8) the prescription is issued when the prescriber and | ||||||
20 | dispenser are the same entity; or | ||||||
21 | (9) the prescription is issued for a compound | ||||||
22 | prescription containing 2 or more compounds ; or . | ||||||
23 | (10) the prescription is issued by a licensed | ||||||
24 | veterinarian within 2 years after the effective date of | ||||||
25 | this amendatory Act of the 103rd General Assembly. | ||||||
26 | (c) The Department of Financial and Professional |
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1 | Regulation may adopt rules for the administration of this | ||||||
2 | Section to the requirements under this Section that the | ||||||
3 | Department of Financial and Professional Regulation may deem | ||||||
4 | appropriate. | ||||||
5 | (d) Any prescriber who makes a good faith effort to | ||||||
6 | prescribe electronically, but for reasons not within the | ||||||
7 | prescriber's control is unable to prescribe electronically, | ||||||
8 | may be exempt from any disciplinary action. | ||||||
9 | (e) Any pharmacist who dispenses in good faith based upon | ||||||
10 | a valid prescription that is not prescribed electronically may | ||||||
11 | be exempt from any disciplinary action. A pharmacist is not | ||||||
12 | required to ensure or responsible for ensuring the | ||||||
13 | prescriber's compliance under subsection (b), nor may any | ||||||
14 | other entity or organization require a pharmacist to ensure | ||||||
15 | the prescriber's compliance with that subsection. | ||||||
16 | (f) It shall be a violation of this Section for any | ||||||
17 | prescriber or dispenser to adopt a policy contrary to this | ||||||
18 | Section. | ||||||
19 | (Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. | ||||||
20 | 102-1109 for effective date of P.A. 102-490); 103-425, eff. | ||||||
21 | 1-1-24.)
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22 | Section 90. The Common Interest Community Association Act | ||||||
23 | is amended by changing Section 1-90 as follows:
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24 | (765 ILCS 160/1-90) |
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1 | (Section scheduled to be repealed on January 1, 2024) | ||||||
2 | Sec. 1-90. Compliance with the Condominium and Common | ||||||
3 | Interest Community Ombudsperson Act. Every common interest | ||||||
4 | community association, except for those exempt from this Act | ||||||
5 | under Section 1-75, must comply with the Condominium and | ||||||
6 | Common Interest Community Ombudsperson Act and is subject to | ||||||
7 | all provisions of the Condominium and Common Interest | ||||||
8 | Community Ombudsperson Act. This Section is repealed January | ||||||
9 | 1, 2026 2024 . | ||||||
10 | (Source: P.A. 102-921, eff. 5-27-22.)
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11 | Section 95. The Condominium Property Act is amended by | ||||||
12 | changing Section 35 as follows:
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13 | (765 ILCS 605/35) | ||||||
14 | (Section scheduled to be repealed on January 1, 2024) | ||||||
15 | Sec. 35. Compliance with the Condominium and Common | ||||||
16 | Interest Community Ombudsperson Act. Every unit owners' | ||||||
17 | association must comply with the Condominium and Common | ||||||
18 | Interest Community Ombudsperson Act and is subject to all | ||||||
19 | provisions of the Condominium and Common Interest Community | ||||||
20 | Ombudsperson Act. This Section is repealed January 1, 2026 | ||||||
21 | 2024 . | ||||||
22 | (Source: P.A. 102-921, eff. 5-27-22.)
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23 | Section 100. The Condominium and Common Interest Community |
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1 | Ombudsperson Act is amended by changing Section 70 as follows:
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2 | (765 ILCS 615/70) | ||||||
3 | (Section scheduled to be repealed on January 1, 2024) | ||||||
4 | Sec. 70. Repeal. This Act is repealed on January 1, 2026 | ||||||
5 | 2024 . | ||||||
6 | (Source: P.A. 102-921, eff. 5-27-22.)
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7 | Section 900. "An Act concerning education", approved | ||||||
8 | August 11, 2023, Public Act 103-542, is amended by adding | ||||||
9 | Section 99 as follows:
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10 | (P.A. 103-542, Sec. 99 new) | ||||||
11 | Section 99. Effective date. This Act takes effect on July | ||||||
12 | 1, 2024.
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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.
|