SB0854sam001 103RD GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 10/23/2023

10300SB0854sam001 LRB103 03313 AWJ 64888 a

AMENDMENT TO SENATE BILL 854

AMENDMENT NO. ______. Amend Senate Bill 854 by replacing everything after the enacting clause with the following:

"Section 5. The Regulatory Sunset Act is amended by changing Sections 4.34 and 4.35 as follows:

(5 ILCS 80/4.34)

Sec. 4.34. Acts and Section repealed on January 1, 2024. The following Acts and Section of an Act are repealed on January 1, 2024:

The Crematory Regulation Act.

The Electrologist Licensing Act.

The Illinois Certified Shorthand Reporters Act of 1984.

The Illinois Occupational Therapy Practice Act.

The Illinois Public Accounting Act.

The Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

The Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act.

Section 2.5 of the Illinois Plumbing License Law.

The Veterinary Medicine and Surgery Practice Act of 2004.

(Source: P.A. 102-291, eff. 8-6-21.)

(5 ILCS 80/4.35)

Sec. 4.35. Acts Act repealed on January 1, 2025. The following Acts are Act is repealed on January 1, 2025:

The Genetic Counselor Licensing Act.

The Illinois Certified Shorthand Reporters Act of 1984.

(Source: P.A. 98-813, eff. 1-1-15.)

Section 10. The Illinois Administrative Procedure Act is amended by changing and renumbering Section 5-45.35, as added by Public Act 102-1108, Section 5-45.35, as added by Public Act 102-1115, and Section 5-45.35, as added by Public Act 102-1125,:

(5 ILCS 100/5-45.36)

(Section scheduled to be repealed on December 21, 2023)

Sec. 5-45.36 5-45.35. Emergency rulemaking; Refugee Resettlement Program. To ensure the availability of refugee resettlement program services in the case of an imminent, large-scale refugee resettlement event, emergency rules may be adopted in accordance with Section 5-45 by the Department of Human Services. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on December 31, 2025 one year after the effective date of this amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-1108, eff. 12-21-22; revised 3-13-23.)

(5 ILCS 100/5-45.41)

(Section scheduled to be repealed on February 3, 2024)

Sec. 5-45.41 5-45.35. Emergency rulemaking. To provide for the expeditious and timely implementation of the Invest in Illinois Act, emergency rules implementing the Invest in Illinois Act may be adopted in accordance with Section 5-45 by the Department of Commerce and Economic Opportunity. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on February 3, 2025 one year after the effective date of this amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-1125, eff. 2-3-23; revised 3-13-23.)

(5 ILCS 100/5-45.44)

(Section scheduled to be repealed on January 9, 2024)

Sec. 5-45.44 5-45.35. Emergency rulemaking; Hate Crimes and Bias Incident Prevention and Response Fund and Local Chambers of Commerce Recovery Grants. To provide for the expeditious and timely implementation of Public Act 102-1115 this amendatory Act of the 102nd General Assembly, emergency rules implementing Section 6z-138 of the State Finance Act may be adopted in accordance with Section 5-45 by the Department of Human Rights and emergency rules implementing Section 605-1105 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois may be adopted in accordance with Section 5-45 by the Department of Commerce and Economic Opportunity. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on January 9, 2025 one year after the effective date of this amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-1115, eff. 1-9-23; revised 9-27-23.)

Section 15. The Election Code is amended by changing Section 1-23 as follows:

(10 ILCS 5/1-23)

(Section scheduled to be repealed on June 1, 2024)

Sec. 1-23. Ranked-Choice and Voting Systems Task Force.

(a) The Ranked-Choice and Voting Systems Task Force is created. The purpose of the Task Force is to review voting systems and the methods of voting, including ranked-choice voting, that could be authorized by law. The Task Force shall have the following duties:

(1) Engage election officials, interested groups, and members of the public for the purpose of assessing the adoption and implementation of ranked-choice voting in presidential primary elections beginning in 2028.

(2) Review standards used to certify or approve the use of a voting system, including the standards adopted by the U.S. Election Assistance Commission and the State Board of Elections.

(3) Advise whether the voting system used by Illinois election authorities would be able to accommodate alternative methods of voting, including, but not limited to, ranked-choice voting.

(4) Make recommendations or suggestions for changes to the Election Code or administrative rules for certification of voting systems in Illinois to accommodate alternative methods of voting, including ranked-choice voting.

(b) On or before June 30, 2025 March 1, 2024, the Task Force shall publish a final report of its findings and recommendations. The report shall, at a minimum, detail findings and recommendations related to the duties of the Task Force and the following:

(1) the process used in Illinois to certify voting systems, including which systems can conduct ranked-choice voting; and

(2) information about the voting system used by election authorities, including which election authorities rely on legacy hardware and software for voting and which counties and election authorities rely on equipment for voting that has not exceeded its usable life span but require a software upgrade to accommodate ranked-choice voting. In this paragraph, "legacy hardware and software" means equipment that has exceeded its usable life span.

(c) The Task Force shall consist of the following members:

(1) 4 members, appointed by the Senate President, including 2 members of the Senate and 2 members of the public;

(2) 4 members, appointed by the Speaker of the House of Representatives, including 2 members of the House of Representatives and 2 members of the public;

(3) 4 members, appointed by the Minority Leader of the Senate, including 2 members of the Senate and 2 members of the public;

(4) 4 members, appointed by the Minority Leader of the House of Representatives, including 2 members of the House of Representatives and 2 members of the public;

(5) 4 members, appointed by the Governor, including at least 2 members with knowledge and experience administering elections.

(d) Appointments to the Task Force shall be made within 30 days after the effective date of this amendatory Act of the 103rd General Assembly. Members shall serve without compensation.

(e) The Task Force shall meet at the call of a co-chair at least quarterly to fulfill its duties. At the first meeting of the Task Force, the Task Force shall elect one co-chair from the members appointed by the Senate President and one co-chair from the members appointed by the Speaker of the House of Representatives.

(f) The State Board of Elections shall provide administrative support for the Task Force.

(g) This Section is repealed, and the Task Force is dissolved, on July 1, 2025 June 1, 2024.

(Source: P.A. 103-467, eff. 8-4-23.)

Section 20. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Section 605-1080 as follows:

(20 ILCS 605/605-1080)

(Section scheduled to be repealed on January 1, 2024)

Sec. 605-1080. Personal care products industry supplier disparity study.

(a) The Department shall compile and publish a disparity study by December 31, 2022 that: (1) evaluates whether there exists intentional discrimination at the supplier or distribution level for retailers of beauty products, cosmetics, hair care supplies, and personal care products in the State of Illinois; and (2) if so, evaluates the impact of such discrimination on the State and includes recommendations for reducing or eliminating any barriers to entry to those wishing to establish businesses at the retail level involving such products. The Department shall forward a copy of its findings and recommendations to the General Assembly and Governor.

(b) The Department may compile, collect, or otherwise gather data necessary for the administration of this Section and to carry out the Department's duty relating to the recommendation of policy changes. The Department shall compile all of the data into a single report, submit the report to the Governor and the General Assembly, and publish the report on its website.

(c) This Section is repealed on January 1, 2026 2024.

(Source: P.A. 101-658, eff. 3-23-21; 102-813, eff. 5-13-22.)

Section 25. The Electric Vehicle Act is amended by changing Section 60 as follows:

(20 ILCS 627/60)

(Section scheduled to be repealed on January 1, 2024)

Sec. 60. Study on loss of infrastructure funds and replacement options. The Illinois Department of Transportation shall conduct a study to be delivered to the members of the Illinois General Assembly and made available to the public no later than September 30, 2022. The study shall consider how the proliferation of electric vehicles will adversely affect resources needed for transportation infrastructure and take into consideration any relevant federal actions. The study shall identify the potential revenue loss and offer multiple options for replacing those lost revenues. The Illinois Department of Transportation shall collaborate with organizations representing businesses involved in designing and building transportation infrastructure, organized labor, the general business community, and users of the system. In addition, the Illinois Department of Transportation may collaborate with other state agencies, including but not limited to the Illinois Secretary of State and the Illinois Department of Revenue.

This Section is repealed on January 1, 2025 2024.

(Source: P.A. 102-662, eff. 9-15-21; 102-673, eff. 11-30-21.)

Section 30. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Section 2705-620 as follows:

(20 ILCS 2705/2705-620)

(Section scheduled to be repealed on December 31, 2023)

Sec. 2705-620. Bond Reform in the Construction Industry Task Force.

(a) There is created the Bond Reform in the Construction Industry Task Force consisting of the following members:

(1) the Governor, or his or her designee;

(2) the State Treasurer, or his or her designee;

(3) the Director of Insurance, or his or her designee;

(4) 2 members appointed by the Speaker of the House of Representatives;

(5) 2 members appointed by the Minority Leader of the House of Representatives;

(6) 2 members appointed by the President of the Senate;

(7) 2 members appointed by the Minority Leader of the Senate; and

(8) 7 members representing the construction industry appointed by the Governor.

The Department of Transportation shall provide administrative support to the Task Force.

(b) The Task Force shall study innovative ways to reduce the cost of insurance in the private and public construction industry while protecting owners from risk of nonperformance. The Task Force shall consider options that include, but are not limited to, owner-financed insurance instead of contractor-financed insurance and alternative ways to manage risk other than bonds or other insurance products.

(c) The Task Force shall report its findings and recommendations to the General Assembly no later than July 1, 2024 March 1, 2023.

(d) This Section is repealed December 31, 2024 2023.

(Source: P.A. 102-1065, eff. 6-10-22.)

Section 35. The Illinois Power Agency Act is amended by changing Section 1-130 as follows:

(20 ILCS 3855/1-130)

(Section scheduled to be repealed on January 1, 2024)

Sec. 1-130. Home rule preemption.

(a) The authorization to impose any new taxes or fees specifically related to the generation of electricity by, the capacity to generate electricity by, or the emissions into the atmosphere by electric generating facilities after the effective date of this Act is an exclusive power and function of the State. A home rule unit may not levy any new taxes or fees specifically related to the generation of electricity by, the capacity to generate electricity by, or the emissions into the atmosphere by electric generating facilities after the effective date of this Act. This Section is a denial and limitation on home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(b) This Section is repealed on January 1, 2025 2024.

(Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21; 102-1109, eff. 12-21-22.)

Section 40. The Crime Reduction Task Force Act is amended by changing Sections 1-15 and 1-20 as follows:

(20 ILCS 3926/1-15)

(Section scheduled to be repealed on March 1, 2024)

Sec. 1-15. Meetings; report.

(a) The Task Force shall meet at least 4 times with the first meeting occurring within 60 days after the effective date of this Act.

(b) The Task Force shall review available research and best practices and take expert and witness testimony.

(c) The Task Force shall produce and submit a report detailing the Task Force's findings, recommendations, and needed resources to the General Assembly and the Governor on or before June 30, 2024 March 1, 2023.

(Source: P.A. 102-756, eff. 5-10-22.)

(20 ILCS 3926/1-20)

(Section scheduled to be repealed on March 1, 2024)

Sec. 1-20. Repeal. This Act is repealed on January 1, 2025 March 1, 2024.

(Source: P.A. 102-756, eff. 5-10-22.)

Section 45. The Racial Disproportionality in Child Welfare Task Force Act is amended by changing Section 30 as follows:

(20 ILCS 4105/30)

(Section scheduled to be repealed on January 1, 2024)

Sec. 30. Repeal. The Task Force is dissolved, and this Act is repealed on, June 30, 2024 January 1, 2024.

(Source: P.A. 102-506, eff. 8-20-21.)

Section 50. The Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act is amended by changing Sections 25 and 30:

(20 ILCS 4116/25)

(Section scheduled to be repealed on February 1, 2024)

Sec. 25. Report. The Commission shall direct the Illinois Department of Transportation to enter into a contract with a third party to assist the Commission in producing a document that evaluates the topics under this Act and outline formal recommendations that can be acted upon by the General Assembly. The Commission shall report a summary of its activities and produce a final report of the data, findings, and recommendations to the General Assembly by July 1, 2025 January 1, 2024. The final report shall include specific, actionable recommendations for legislation and organizational adjustments. The final report may include recommendations for pilot programs to test alternatives. The final report and recommendations shall also include any minority and individual views of task force members.

(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; reenacted by P.A. 103-461, eff. 8-4-23.)

(20 ILCS 4116/30)

(Section scheduled to be repealed on February 1, 2024)

Sec. 30. Repeal. This Commission is dissolved, and this Act is repealed, on August 1, 2025 February 1, 2024.

(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; reenacted by P.A. 103-461, eff. 8-4-23.)

Section 55. The Comprehensive Licensing Information to Minimize Barriers Task Force Act is amended by changing Section 20 as follows:

(20 ILCS 4121/20)

(Section scheduled to be repealed on December 1, 2024)

Sec. 20. Report.

(a) The Task Force shall conduct an analysis of occupational licensing, including, but not limited to, processes, procedures, and statutory requirements for licensure administered by the Department. The findings of this analysis shall be delivered to the General Assembly, the Office of Management and Budget, the Department, and the public in the form of a final report. For the purpose of ensuring that historically and economically disadvantaged populations are centered in this analysis, the Task Force shall identify low-income and middle-income licensed occupations in this State and aggregate the information from those occupations under the occupations' respective regulatory board overseen by the Department to form the basis of the report.

(b) The report shall contain, to the extent available, information collected from sources including, but not limited to, the Department, department licensure boards, other State boards, relevant departments, or other bodies of the State, and supplementary data including, but not limited to, census statistics, federal reporting, or published research as follows:

(1) the number of license applications submitted compared with the number of licenses issued;

(2) data concerning the reason why licenses were denied or revoked and a ranking of the most common reasons for denial or revocation;

(3) an analysis of the information required of license applicants by the Department compared with the information that the Department is required by statute to verify, to ascertain if applicants are required to submit superfluous information;

(4) demographic information for the last 5 years of (i) active license holders, (ii) license holders who were disciplined in that period, (iii) license holders whose licenses were revoked in that period, and (iv) license applicants who were not issued licenses;

(5) data aggregated from the last 5 years of monthly enforcement reports, including a ranking of the most common reasons for public discipline;

(6) the cost of licensure to the individual, including, but not limited to, the fees for initial licensure and renewal, the average cost of training and testing required for initial licensure, and the average cost of meeting continuing education requirements for license renewal;

(7) the locations within this State of each program or school that provides the required training and testing needed to obtain or renew a license, and whether the required training and testing can be fulfilled online;

(8) the languages in which the required training or testing is offered;

(9) the acceptance rates, graduation rates, and dropout rates of the training facilities that provide required training;

(10) the percentage of students at each school that offers required training who financed the required training through student loans; and

(11) the average annual salary of those in the occupation.

(c) The final report shall also contain a general description of the steps taken by the Task Force to fulfill the report criteria and shall include in an appendix of the report any results of the Task Force's analysis in the form of graphs, charts, or other data visualizations. The Task Force shall also exercise due care in the reporting of this information to protect sensitive information of personal or proprietary value or information that would risk the security of residents of this State.

(d) The Task Force shall publish the final report by December 1, 2024 2023 with recommendations to the General Assembly, including recommendations for continued required reporting from the Department to better support the General Assembly in revoking, modifying, or creating new licensing Acts.

(Source: P.A. 102-1078, eff. 6-10-22.)

Section 60. The Money Laundering in Real Estate Task Force Act is amended by changing Section 5-15 as follows:

(20 ILCS 4123/5-15)

(Section scheduled to be repealed on January 1, 2026)

Sec. 5-15. Reports. The Task Force shall submit a report to the Governor and the General Assembly not later than 24 12 months after the effective date of this Act. The report shall include the Task Force's findings and shall summarize the actions the Task Force has taken and those it intends to take in response to its obligations under the Act. After it submits its initial report, the Task Force shall periodically submit reports to the Governor and the General Assembly as the chairperson of the Task Force deems necessary to apprise those officials of any additional findings made or actions taken by the Task Force. The obligation of the Task Force to submit periodic reports shall continue for the duration of the Task Force.

(Source: P.A. 102-1108, eff. 12-21-22.)

Section 65. The Human Trafficking Task Force Act is amended by changing Section 25 as follows:

(20 ILCS 5086/25)

(Section scheduled to be repealed on July 1, 2024)

Sec. 25. Task force abolished; Act repealed. The Human Trafficking Task Force is abolished and this Act is repealed on July 1, 2025 2024.

(Source: P.A. 102-323, eff. 8-6-21.)

Section 70. The Kidney Disease Prevention and Education Task Force Act is amended by changing Section 10-15 as follows:

(20 ILCS 5160/10-15)

(Section scheduled to be repealed on June 1, 2024)

Sec. 10-15. Repeal. This Act is repealed on June 1, 2026 2024.

(Source: P.A. 101-649, eff. 7-7-20; 102-671, eff. 11-30-21.)

Section 75. The Business Enterprise for Minorities, Women, and Persons with Disabilities Act is amended by changing Section 9 as follows:

(30 ILCS 575/9) (from Ch. 127, par. 132.609)

(Section scheduled to be repealed on June 30, 2024)

Sec. 9. This Act is repealed June 30, 2029 2024.

(Source: P.A. 101-170, eff. 1-1-20.)

Section 80. The Counties Code is amended by changing Sections 3-5010.8, 4-11001.5, 5-41065, and 5-43043 as follows:

(55 ILCS 5/3-5010.8)

(Section scheduled to be repealed on January 1, 2024)

Sec. 3-5010.8. Mechanics lien demand and referral pilot program.

(a) Legislative findings. The General Assembly finds that expired mechanics liens on residential property, which cloud title to property, are a rapidly growing problem throughout the State. In order to address the increase in expired mechanics liens and, more specifically, those that have not been released by the lienholder, a recorder may establish a process to demand and refer mechanics liens that have been recorded but not litigated or released in accordance with the Mechanics Lien Act to an administrative law judge for resolution or demand that the lienholder commence suit or forfeit the lien.

(b) Definitions. As used in this Section:

"Demand to Commence Suit" means the written demand specified in Section 34 of the Mechanics Lien Act.

"Mechanics lien" and "lien" are used interchangeably in this Section.

"Notice of Expired Mechanics Lien" means the notice a recorder gives to a property owner under subsection (d) informing the property owner of an expired lien.

"Notice of Referral" means the document referring a mechanics lien to a county's code hearing unit.

"Recording" and "filing" are used interchangeably in this Section.

"Referral" or "refer" means a recorder's referral of a mechanics lien to a county's code hearing unit to obtain a determination as to whether a recorded mechanics lien is valid.

"Residential property" means real property improved with not less than one nor more than 4 residential dwelling units; a residential condominium unit, including, but not limited to, the common elements allocated to the exclusive use of the condominium unit that form an integral part of the condominium unit and any parking unit or units specified by the declaration to be allocated to a specific residential condominium unit; or a single tract of agriculture real estate consisting of 40 acres or less that is improved with a single-family residence. If a declaration of condominium ownership provides for individually owned and transferable parking units, "residential property" does not include the parking unit of a specified residential condominium unit unless the parking unit is included in the legal description of the property against which the mechanics lien is recorded.

(c) Establishment of a mechanics lien demand and referral process. After a public hearing, a recorder in a county with a code hearing unit may adopt rules establishing a mechanics lien demand and referral process for residential property. A recorder shall provide public notice 90 days before the public hearing. The notice shall include a statement of the recorder's intent to create a mechanics lien demand and referral process and shall be published in a newspaper of general circulation in the county and, if feasible, be posted on the recorder's website and at the recorder's office or offices.

(d) Notice of Expired Lien. If a recorder determines, after review by legal staff or counsel, that a mechanics lien recorded in the grantor's index or the grantee's index is an expired lien, the recorder shall serve a Notice of Expired Lien by certified mail to the last known address of the owner. The owner or legal representative of the owner of the residential property shall confirm in writing his or her belief that the lien is not involved in pending litigation and, if there is no pending litigation, as verified and confirmed by county court records, the owner may request that the recorder proceed with a referral or serve a Demand to Commence Suit.

For the purposes of this Section, a recorder shall determine if a lien is an expired lien. A lien is expired if a suit to enforce the lien has not been commenced or a counterclaim has not been filed by the lienholder within 2 years after the completion date of the contract as specified in the recorded mechanics lien. The 2-year period shall be increased to the extent that an automatic stay under Section 362(a) of the United States Bankruptcy Code stays a suit or counterclaim to foreclose the lien. If a work completion date is not specified in the recorded lien, then the work completion date is the date of recording of the mechanics lien.

(e) Demand to Commence Suit. Upon receipt of an owner's confirmation that the lien is not involved in pending litigation and a request for the recorder to serve a Demand to Commence Suit, the recorder shall serve a Demand to Commence Suit on the lienholder of the expired lien as provided in Section 34 of the Mechanics Lien Act. A recorder may request that the Secretary of State assist in providing registered agent information or obtain information from the Secretary of State's registered business database when the recorder seeks to serve a Demand to Commence suit on the lienholder. Upon request, the Secretary of State, or his or her designee, shall provide the last known address or registered agent information for a lienholder who is incorporated or doing business in the State. The recorder must record a copy of the Demand to Commence suit in the grantor's index or the grantee's index identifying the mechanics lien and include the corresponding document number and the date of demand. The recorder may, at his or her discretion, notify the Secretary of State regarding a Demand to Commence suit determined to involve a company, corporation, or business registered with that office.

When the lienholder commences a suit or files an answer within 30 days or the lienholder records a release of lien with the county recorder as required by subsection (a) of Section 34 of the Mechanics Lien Act, then the demand and referral process is completed for the recorder for that property. If service under this Section is responded to consistent with Section 34 of the Mechanics Lien Act, the recorder may not proceed under subsection (f). If no response is received consistent with Section 34 of the Mechanics Lien Act, the recorder may proceed under subsection (f).

(f) Referral. Upon receipt of an owner's confirmation that the lien is not involved in pending litigation and a request for the recorder to proceed with a referral, the recorder shall: (i) file the Notice of Referral with the county's code hearing unit; (ii) identify and notify the lienholder by telephone, if available, of the referral and send a copy of the Notice of Referral by certified mail to the lienholder using information included in the recorded mechanics lien or the last known address or registered agent received from the Secretary of State or obtained from the Secretary of State's registered business database; (iii) send a copy of the Notice of Referral by mail to the physical address of the property owner associated with the lien; and (iv) record a copy of the Notice of Referral in the grantor's index or the grantee's index identifying the mechanics lien and include the corresponding document number. The Notice of Referral shall clearly identify the person, persons, or entity believed to be the owner, assignee, successor, or beneficiary of the lien. The recorder may, at his or her discretion, notify the Secretary of State regarding a referral determined to involve a company, corporation, or business registered with that office.

No earlier than 30 business days after the date the lienholder is required to respond to a Demand to Commence Suit under Section 34 of the Mechanics Lien Act, the code hearing unit shall schedule a hearing to occur at least 30 days after sending notice of the date of hearing. Notice of the hearing shall be provided by the county recorder, by and through his or her representative, to the filer, or the party represented by the filer, of the expired lien, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the Notice of Referral.

If the recorder shows by clear and convincing evidence that the lien in question is an expired lien, the administrative law judge shall rule the lien is forfeited under Section 34.5 of the Mechanics Lien Act and that the lien no longer affects the chain of title of the property in any way. The judgment shall be forwarded to all parties identified in this subsection. Upon receiving judgment of a forfeited lien, the recorder shall, within 5 business days, record a copy of the judgment in the grantor's index or the grantee's index.

If the administrative law judge finds the lien is not expired, the recorder shall, no later than 5 business days after receiving notice of the decision of the administrative law judge, record a copy of the judgment in the grantor's index or the grantee's index.

A decision by an administrative law judge is reviewable under the Administrative Review Law, and nothing in this Section precludes a property owner or lienholder from proceeding with a civil action to resolve questions concerning a mechanics lien.

A lienholder or property owner may remove the action from the code hearing unit to the circuit court as provided in subsection (i).

(g) Final administrative decision. The recorder's decision to refer a mechanics lien or serve a Demand to Commence Suit is a final administrative decision that is subject to review under the Administrative Review Law by the circuit court of the county where the real property is located. The standard of review by the circuit court shall be consistent with the Administrative Review Law.

(h) Liability. A recorder and his or her employees or agents are not subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in the case of willful or wanton conduct. The recorder and his or her employees or agents are not liable for the decision to refer a lien or serve a Demand to Commence Suit, or failure to refer or serve a Demand to Commence Suit, of a lien under this Section.

(i) Private actions; use of demand and referral process. Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the mechanics lien or a decision by the code hearing unit. Nothing in this Section requires a person or entity who may have a mechanics lien recorded against his or her property to use the mechanics lien demand and referral process created by this Section.

A lienholder or property owner may remove a matter in the referral process to the circuit court at any time prior to the final decision of the administrative law judge by delivering a certified notice of the suit filed in the circuit court to the administrative law judge. Upon receipt of the certified notice, the administrative law judge shall dismiss the matter without prejudice. If the matter is dismissed due to removal, then the demand and referral process is completed for the recorder for that property. If the circuit court dismisses the removed matter without deciding on whether the lien is expired and without prejudice, the recorder may reinstitute the demand and referral process under subsection (d).

(j) Repeal. This Section is repealed on January 1, 2026 2024.

(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)

(55 ILCS 5/4-11001.5)

(Section scheduled to be repealed on January 1, 2024)

Sec. 4-11001.5. Lake County Children's Advocacy Center Pilot Program.

(a) The Lake County Children's Advocacy Center Pilot Program is established. Under the Pilot Program, any grand juror or petit juror in Lake County may elect to have his or her juror fees earned under Section 4-11001 of this Code to be donated to the Lake County Children's Advocacy Center, a division of the Lake County State's Attorney's office.

(b) On or before January 1, 2017, the Lake County board shall adopt, by ordinance or resolution, rules and policies governing and effectuating the ability of jurors to donate their juror fees to the Lake County Children's Advocacy Center beginning January 1, 2017 and ending December 31, 2018. At a minimum, the rules and policies must provide:

(1) for a form that a juror may fill out to elect to donate his or her juror fees. The form must contain a statement, in at least 14-point bold type, that donation of juror fees is optional;

(2) that all monies donated by jurors shall be transferred by the county to the Lake County Children's Advocacy Center at the same time a juror is paid under Section 4-11001 of this Code who did not elect to donate his or her juror fees; and

(3) that all juror fees donated under this Section shall be used exclusively for the operation of Lake County Children's Advocacy Center.

The Lake County board shall adopt an ordinance or resolution reestablishing the rules and policies previously adopted under this subsection allowing a juror to donate his or her juror fees to the Lake County Children's Advocacy Center through December 31, 2021.

(c) The following information shall be reported to the General Assembly and the Governor by the Lake County board after each calendar year of the Pilot Program on or before March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021:

(1) the number of grand and petit jurors who earned fees under Section 4-11001 of this Code during the previous calendar year;

(2) the number of grand and petit jurors who donated fees under this Section during the previous calendar year;

(3) the amount of donated fees under this Section during the previous calendar year;

(4) how the monies donated in the previous calendar year were used by the Lake County Children's Advocacy Center; and

(5) how much cost there was incurred by Lake County and the Lake County State's Attorney's office in the previous calendar year in implementing the Pilot Program.

(d) This Section is repealed on January 1, 2026 2024.

(Source: P.A. 101-612, eff. 12-20-19; 102-671, eff. 11-30-21.)

(55 ILCS 5/5-41065)

(Section scheduled to be repealed on January 1, 2024)

Sec. 5-41065. Mechanics lien demand and referral adjudication.

(a) Notwithstanding any other provision in this Division, a county's code hearing unit must adjudicate an expired mechanics lien referred to the unit under Section 3-5010.8.

(b) If a county does not have an administrative law judge in its code hearing unit who is familiar with the areas of law relating to mechanics liens, one may be appointed no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly to adjudicate all referrals concerning mechanics liens under Section 3-5010.8.

(c) If an administrative law judge familiar with the areas of law relating to mechanics liens has not been appointed as provided subsection (b) when a mechanics lien is referred under Section 3-5010.8 to the code hearing unit, the case shall be removed to the proper circuit court with jurisdiction.

(d) This Section is repealed on January 1, 2026 2024.

(Source: P.A. 102-671, eff. 11-30-21.)

(55 ILCS 5/5-43043)

(Section scheduled to be repealed on January 1, 2024)

Sec. 5-43043. Mechanics lien demand and referral adjudication.

(a) Notwithstanding any other provision in this Division, a county's code hearing unit must adjudicate an expired mechanics lien referred to the unit under Section 3-5010.8.

(b) If a county does not have an administrative law judge in its code hearing unit who is familiar with the areas of law relating to mechanics liens, one may be appointed no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly to adjudicate all referrals concerning mechanics liens under Section 3-5010.8.

(c) If an administrative law judge familiar with the areas of law relating to mechanics liens has not been appointed as provided subsection (b) when a mechanics lien is referred under Section 3-5010.8 to the code hearing unit, the case shall be removed to the proper circuit court with jurisdiction.

(d) This Section is repealed on January 1, 2026 2024.

(Source: P.A. 102-671, eff. 11-30-21.)

Section 83. The Illinois Vehicle Code is amended by changing Section 3-692 as follows:

(625 ILCS 5/3-692)

(Section scheduled to be repealed on January 1, 2024)

Sec. 3-692. Soil and Water Conservation District Plates.

(a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Soil and Water Conservation District license plates. The special Soil and Water Conservation District plate issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code.

(b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, must accompany each application. The Secretary, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412.

(c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Soil and Water Conservation District Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Soil and Water Conservation District Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.

(d) The Soil and Water Conservation District Fund is created as a special fund in the State treasury. All money in the Soil and Water Conservation District Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to Illinois soil and water conservation districts for projects that conserve and restore soil and water in Illinois. All interest earned on moneys in the Fund shall be deposited into the Fund. The Fund shall not be subject to administrative charges or chargebacks, such as but not limited to those authorized under Section 8h of the State Finance Act.

(e) Notwithstanding any other provision of law, on July 1, 2023, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Soil and Water Conservation District Fund into the Partners for Conservation Fund. Upon completion of the transfers, the Soil and Water Conservation District Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Partners for Conservation Fund.

(f) This Section is repealed on January 1, 2025 2024.

(Source: P.A. 103-8, eff. 6-7-23.)

Section 85. The Illinois Controlled Substances Act is amended by changing Section 311.6 as follows:

(720 ILCS 570/311.6)

(Text of Section before amendment by P.A. 103-425)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 311.6. Opioid prescriptions.

(a) Notwithstanding any other provision of law, a prescription for a substance classified in Schedule II, III, IV, or V must be sent electronically, in accordance with Section 316. Prescriptions sent in accordance with this subsection (a) must be accepted by the dispenser in electronic format.

(b) Notwithstanding any other provision of this Section or any other provision of law, a prescriber shall not be required to issue prescriptions electronically if he or she certifies to the Department of Financial and Professional Regulation that he or she will not issue more than 25 prescriptions during a 12-month period. Prescriptions in both oral and written form for controlled substances shall be included in determining whether the prescriber will reach the limit of 25 prescriptions.

(c) The Department of Financial and Professional Regulation shall adopt rules for the administration of this Section. These rules shall provide for the implementation of any such exemption to the requirements under this Section that the Department of Financial and Professional Regulation may deem appropriate, including the exemption provided for in subsection (b).

(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. 102-1109 for effective date of P.A. 102-490).)

(Text of Section after amendment by P.A. 103-425)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 311.6. Opioid prescriptions.

(a) Notwithstanding any other provision of law, a prescription for a substance classified in Schedule II, III, IV, or V must be sent electronically, in accordance with Section 316. Prescriptions sent in accordance with this subsection (a) must be accepted by the dispenser in electronic format.

(b) Beginning on the effective date of this amendatory Act of the 103rd General Assembly until December 31, 2028, notwithstanding any other provision of this Section or any other provision of law, a prescriber shall not be required to issue prescriptions electronically if he or she certifies to the Department of Financial and Professional Regulation that he or she will not issue more than 150 prescriptions during a 12-month period. Prescriptions in both oral and written form for controlled substances shall be included in determining whether the prescriber will reach the limit of 150 prescriptions. Beginning January 1, 2029, notwithstanding any other provision of this Section or any other provision of law, a prescriber shall not be required to issue prescriptions electronically if he or she certifies to the Department of Financial and Professional Regulation that he or she will not issue more than 50 prescriptions during a 12-month period. Prescriptions in both oral and written form for controlled substances shall be included in determining whether the prescriber will reach the limit of 50 prescriptions.

(b-5) Notwithstanding any other provision of this Section or any other provision of law, a prescriber shall not be required to issue prescriptions electronically under the following circumstances:

(1) prior to January 1, 2026, the prescriber demonstrates financial difficulties in buying or managing an electronic prescription option, whether it is an electronic health record or some other electronic prescribing product;

(2) on and after January 1, 2026, the prescriber provides proof of a waiver from the Centers for Medicare and Medicaid Services for the Electronic Prescribing for Controlled Substances Program due to demonstrated economic hardship for the previous compliance year;

(3) there is a temporary technological or electrical failure that prevents an electronic prescription from being issued;

(4) the prescription is for a drug that the practitioner reasonably determines would be impractical for the patient to obtain in a timely manner if prescribed by an electronic data transmission prescription and the delay would adversely impact the patient's medical condition;

(5) the prescription is for an individual who:

(A) resides in a nursing or assisted living facility;

(B) is receiving hospice or palliative care;

(C) is receiving care at an outpatient renal dialysis facility and the prescription is related to the care provided;

(D) is receiving care through the United States Department of Veterans Affairs; or

(E) is incarcerated in a state, detained, or confined in a correctional facility;

(6) the prescription prescribes a drug under a research protocol;

(7) the prescription is a non-patient specific prescription dispensed under a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, or in response to a public health emergency or other circumstance in which the practitioner may issue a non-patient specific prescription;

(8) the prescription is issued when the prescriber and dispenser are the same entity; or

(9) the prescription is issued for a compound prescription containing 2 or more compounds; or .

(10) the prescription is issued by a licensed veterinarian within 2 years after the effective date of this amendatory Act of the 103rd General Assembly.

(c) The Department of Financial and Professional Regulation may adopt rules for the administration of this Section to the requirements under this Section that the Department of Financial and Professional Regulation may deem appropriate.

(d) Any prescriber who makes a good faith effort to prescribe electronically, but for reasons not within the prescriber's control is unable to prescribe electronically, may be exempt from any disciplinary action.

(e) Any pharmacist who dispenses in good faith based upon a valid prescription that is not prescribed electronically may be exempt from any disciplinary action. A pharmacist is not required to ensure or responsible for ensuring the prescriber's compliance under subsection (b), nor may any other entity or organization require a pharmacist to ensure the prescriber's compliance with that subsection.

(f) It shall be a violation of this Section for any prescriber or dispenser to adopt a policy contrary to this Section.

(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. 102-1109 for effective date of P.A. 102-490); 103-425, eff. 1-1-24.)

Section 90. The Common Interest Community Association Act is amended by changing Section 1-90 as follows:

(765 ILCS 160/1-90)

(Section scheduled to be repealed on January 1, 2024)

Sec. 1-90. Compliance with the Condominium and Common Interest Community Ombudsperson Act. Every common interest community association, except for those exempt from this Act under Section 1-75, must comply with the Condominium and Common Interest Community Ombudsperson Act and is subject to all provisions of the Condominium and Common Interest Community Ombudsperson Act. This Section is repealed January 1, 2026 2024.

(Source: P.A. 102-921, eff. 5-27-22.)

Section 95. The Condominium Property Act is amended by changing Section 35 as follows:

(765 ILCS 605/35)

(Section scheduled to be repealed on January 1, 2024)

Sec. 35. Compliance with the Condominium and Common Interest Community Ombudsperson Act. Every unit owners' association must comply with the Condominium and Common Interest Community Ombudsperson Act and is subject to all provisions of the Condominium and Common Interest Community Ombudsperson Act. This Section is repealed January 1, 2026 2024.

(Source: P.A. 102-921, eff. 5-27-22.)

Section 100. The Condominium and Common Interest Community Ombudsperson Act is amended by changing Section 70 as follows:

(765 ILCS 615/70)

(Section scheduled to be repealed on January 1, 2024)

Sec. 70. Repeal. This Act is repealed on January 1, 2026 2024.

(Source: P.A. 102-921, eff. 5-27-22.)

Section 900. "An Act concerning education", approved August 11, 2023, Public Act 103-542, is amended by adding Section 99 as follows:

(P.A. 103-542, Sec. 99 new)

Section 99. Effective date. This Act takes effect on July 1, 2024.

Section 950. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 999. Effective date. This Act takes effect upon becoming law.".