Rep. Elaine Nekritz

Filed: 4/5/2016

 

 


 

 


 
09900HB4658ham001LRB099 18521 HEP 47005 a

1
AMENDMENT TO HOUSE BILL 4658

2    AMENDMENT NO. ______. Amend House Bill 4658 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical

 

 

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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other records
3    prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

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1    plan submitted to a municipality in accordance with a local
2    emergency energy plan ordinance that is adopted under
3    Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by wireless
6    carriers under the Wireless Emergency Telephone Safety
7    Act.
8        (k) Law enforcement officer identification information
9    or driver identification information compiled by a law
10    enforcement agency or the Department of Transportation
11    under Section 11-212 of the Illinois Vehicle Code.
12        (l) Records and information provided to a residential
13    health care facility resident sexual assault and death
14    review team or the Executive Council under the Abuse
15    Prevention Review Team Act.
16        (m) Information provided to the predatory lending
17    database created pursuant to Article 3 of the Residential
18    Real Property Disclosure Act, except to the extent
19    authorized under that Article.
20        (n) Defense budgets and petitions for certification of
21    compensation and expenses for court appointed trial
22    counsel as provided under Sections 10 and 15 of the Capital
23    Crimes Litigation Act. This subsection (n) shall apply
24    until the conclusion of the trial of the case, even if the
25    prosecution chooses not to pursue the death penalty prior
26    to trial or sentencing.

 

 

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1        (o) Information that is prohibited from being
2    disclosed under Section 4 of the Illinois Health and
3    Hazardous Substances Registry Act.
4        (p) Security portions of system safety program plans,
5    investigation reports, surveys, schedules, lists, data, or
6    information compiled, collected, or prepared by or for the
7    Regional Transportation Authority under Section 2.11 of
8    the Regional Transportation Authority Act or the St. Clair
9    County Transit District under the Bi-State Transit Safety
10    Act.
11        (q) Information prohibited from being disclosed by the
12    Personnel Records Review Act.
13        (r) Information prohibited from being disclosed by the
14    Illinois School Student Records Act.
15        (s) Information the disclosure of which is restricted
16    under Section 5-108 of the Public Utilities Act.
17        (t) All identified or deidentified health information
18    in the form of health data or medical records contained in,
19    stored in, submitted to, transferred by, or released from
20    the Illinois Health Information Exchange, and identified
21    or deidentified health information in the form of health
22    data and medical records of the Illinois Health Information
23    Exchange in the possession of the Illinois Health
24    Information Exchange Authority due to its administration
25    of the Illinois Health Information Exchange. The terms
26    "identified" and "deidentified" shall be given the same

 

 

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1    meaning as in the Health Insurance Portability and
2    Accountability and Portability Act of 1996, Public Law
3    104-191, or any subsequent amendments thereto, and any
4    regulations promulgated thereunder.
5        (u) Records and information provided to an independent
6    team of experts under Brian's Law.
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed Carry
14    Licensing Review Board under the Firearm Concealed Carry
15    Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

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1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of an
3    eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) (bb) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
20eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2199-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
22revised 10-14-15.)
 
23    Section 10. The Common Interest Community Association Act
24is amended by changing Section 1-90 as follows:
 

 

 

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1    (765 ILCS 160/1-90)
2    (This Section may contain text from a Public Act with a
3delayed effective date)
4    (Section scheduled to be repealed on July 1, 2021)
5    Sec. 1-90. Compliance with the Condominium and Common
6Interest Community Ombudsperson Act. Every common interest
7community association, except for those exempt from this Act
8under Section 1-75, must comply with the Condominium and
9Community Interest Community Ombudsperson Act and is subject to
10all provisions of the Condominium and Community Interest
11Community Ombudsperson Act. This Section is repealed July 1,
122022 2021.
13(Source: P.A. 98-1135, eff. 7-1-16.)
 
14    Section 15. The Condominium Property Act is amended by
15changing Section 35 as follows:
 
16    (765 ILCS 605/35)
17    (This Section may contain text from a Public Act with a
18delayed effective date)
19    (Section scheduled to be repealed on July 1, 2021)
20    Sec. 35. Compliance with the Condominium and Common
21Interest Community Ombudsperson Act. Every unit owners'
22association must comply with the Condominium and Common
23Interest Community Ombudsperson Act and is subject to all
24provisions of the Condominium and Common Interest Community

 

 

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1Ombudsperson Act. This Section is repealed July 1, 2022 2021.
2(Source: P.A. 98-1135, eff. 7-1-16.)
 
3    Section 20. The Condominium and Common Interest Community
4Ombudsperson Act is amended by changing the title of the Act
5and Sections 15, 20, 25, 30, 35, 40, 45, 50, 60, 70, and 999 as
6follows:
 
7    (765 ILCS 615/Act title)
8An Act concerning condominium and common interest
9community property.
 
10    (765 ILCS 615/15)
11    (This Section may contain text from a Public Act with a
12delayed effective date)
13    (Section scheduled to be repealed on July 1, 2021)
14    Sec. 15. Definitions. As used in this Act:
15    "Association" means a condominium association or common
16interest community association as defined in this Act.
17    "Board of managers" or "board of directors" means:
18        (1) a common interest community association's board of
19    managers or board of directors, whichever is applicable; or
20        (2) a condominium association's board of managers or
21    board of or directors, whichever is applicable.
22    "Common interest community" means a property governed by
23the Common Interest Community Association Act.

 

 

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1    "Common interest community association" has the meaning
2ascribed to it in Section 1-5 of the Common Interest Community
3Association Act.
4    "Condominium" means a property governed by the Condominium
5Property Act.
6    "Condominium association" means an association in which
7membership is a condition of ownership or shareholder interest
8of a unit in a condominium, cooperative, townhouse, villa, or
9other residential unit which is part of a residential
10development plan and that is authorized to impose an
11assessment, rents, or other costs that may become a lien on the
12unit or lot, and includes a unit owners' association as defined
13in subsection (o) of Section 2 of the Condominium Property Act
14or and a master association as defined in subsection (u) of
15Section 2 of the Condominium Property Act.
16    "Declaration" has the meaning ascribed to it in:
17        (1) Section 1-5 of the Common Interest Community
18    Association Act; or
19        (2) Section 2 of the Condominium Property Act.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Director" means the Director of the Division of Real
23Estate Professional Regulation.
24    "Division" means the Division of Real Estate Professional
25Regulation within the Department of Financial and Professional
26Regulation.

 

 

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1    "Office" means the Office of the Condominium and Common
2Interest Community Ombudsperson established under Section 20
3of this Act.
4    "Ombudsperson" means the Condominium and Common Interest
5Community Ombudsperson named employed under Section 20 of this
6Act.
7    "Person" includes a natural person, firm, association,
8organization, partnership, business trust, corporation,
9limited liability company, or public entity.
10    "Secretary" means the Secretary of the Department of
11Financial and Professional Regulation.
12    "Unit" means a part of the condominium property or common
13interest community property designed and intended for any type
14of independent use.
15    "Unit owner" has the meaning ascribed to it in:
16        (1) subsection (g) of Section 2 of the Condominium
17    Property Act; or
18        (2) Section 1-5 of the Common Interest Community
19    Association Act.
20(Source: P.A. 98-1135, eff. 7-1-16.)
 
21    (765 ILCS 615/20)
22    (This Section may contain text from a Public Act with a
23delayed effective date)
24    (Section scheduled to be repealed on July 1, 2021)
25    Sec. 20. Office of the Condominium and Common Interest

 

 

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1Community Ombudsperson.
2    (a) There is created in the Division of Real Estate
3Professional Regulation within the Department of Financial and
4Professional Regulation, under the supervision and control of
5the Secretary, the Office of the Condominium and Common
6Interest Community Ombudsperson.
7    (b) The Department shall name employ an Ombudsperson and
8other persons as necessary to discharge the requirements of
9this Act. The Ombudsperson shall have the powers delegated to
10him or her by the Department, in addition to the powers set
11forth in this Act.
12    (c) Neither the Ombudsperson nor the Department shall have
13any authority to consider matters that may constitute grounds
14for charges or complaints under the Illinois Human Rights Act
15or that are properly brought before the Department of Human
16Rights or the Illinois Human Rights Commission.
17    (d) (c) Information and advice provided by the Ombudsperson
18has no binding legal effect and is not subject to the
19rulemaking provisions of the Illinois Administrative Procedure
20Act.
21(Source: P.A. 98-1135, eff. 7-1-16.)
 
22    (765 ILCS 615/25)
23    (This Section may contain text from a Public Act with a
24delayed effective date)
25    (Section scheduled to be repealed on July 1, 2021)

 

 

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1    Sec. 25. Training and education. On or before July 1, 2017
22018, the Ombudsperson shall offer training, outreach, and
3educational materials, and may arrange for the offering of
4courses to unit owners, associations, boards of managers, and
5boards of directors in subjects relevant to: (i) the operation
6and management of condominiums and common interest
7communities; and (ii) the Condominium Property Act and the
8Common Interest Community Association Act.
9(Source: P.A. 98-1135, eff. 7-1-16.)
 
10    (765 ILCS 615/30)
11    (This Section may contain text from a Public Act with a
12delayed effective date)
13    (Section scheduled to be repealed on July 1, 2021)
14    Sec. 30. Website; toll-free number.
15    (a) The Office shall maintain on the Department's website
16the following information:
17        (1) the text of this Act, the Condominium Property Act,
18    the Common Community Interest Community Association Act,
19    and any other statute, administrative rule, or regulation
20    that the Ombudsperson determines is relevant to the
21    operation and management of a condominium association or
22    common interest community association;
23        (2) information concerning non-judicial nonjudicial
24    resolution of disputes that may arise within a condominium
25    or common interest community, including, but not limited

 

 

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1    to, alternative dispute resolution programs and contacts
2    for locally-available dispute resolution programs;
3        (3) a description of the services provided by the
4    Ombudsperson and information on how to contact the
5    Ombudsperson for assistance; and
6        (4) any other information that the Ombudsperson
7    determines is useful to unit owners, associations, boards
8    of managers, and boards of directors.
9    (b) The Office may make available during regular business
10hours a statewide toll-free telephone number to provide
11information and resources on matters relating to condominium
12property and common interest community property The Office
13shall make the information described in subsection (a) of this
14Section available in printed form.
15(Source: P.A. 98-1135, eff. 7-1-16.)
 
16    (765 ILCS 615/35)
17    (This Section may contain text from a Public Act with a
18delayed effective date)
19    (Section scheduled to be repealed on July 1, 2021)
20    Sec. 35. Written policy for resolving complaints.
21    (a) Each association, except for those outlined in
22subsection (d) Section (b) of this Section, shall adopt a
23written policy for resolving complaints made by unit owners.
24The association shall make the policy available to all unit
25owners upon request. The policy must include:

 

 

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1        (1) a sample form on which a unit owner may make a
2    complaint to the association;
3        (2) a description of the process by which complaints
4    shall be delivered to the association;
5        (3) the association's timeline and manner of making
6    final determinations in response to a unit owner's
7    complaint; and
8        (4) a requirement that the final determination made by
9    the association in response to a unit owner's complaint be:
10            (i) made in writing;
11            (ii) made within 180 days a reasonable time after
12        the association received the unit owner's original
13        complaint; and
14            (iii) marked clearly and conspicuously as "final".
15    (b) Common interest community associations exempt from the
16Common Interest Community Association Act are not required to
17have a written policy for resolving complaints.
18    (c) No later than January 1, 2019 180 days after the
19effective date of this Act, associations existing on the
20effective date of this Act, except for those identified in
21subsection (b) of this Section, must establish and adopt the
22policy required under this Section.
23    (d) Associations first created after January 1, 2019 the
24effective date of this Act, except for those identified in
25subsection (b) of this Section, must establish and adopt the
26policy required under this Section within 180 days following

 

 

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1creation of the association at the time of initial registration
2as required by Section 65 of this Act.
3    (e) A unit owner may not bring a request for assistance
4under Section 40 of this Act for an association's lack of or
5inadequacy of a written policy to resolve complaints, but may
6notify the Department in writing of the association's lack of
7or inadequacy of a written policy. An association that fails to
8comply with this Section is subject to subsection (g) of
9Section 65 of this Act.
10(Source: P.A. 98-1135, eff. 7-1-16.)
 
11    (765 ILCS 615/40)
12    (This Section may contain text from a Public Act with a
13delayed effective date)
14    (Section scheduled to be repealed on July 1, 2021)
15    Sec. 40. Dispute resolution Requests for assistance.
16    (a) Beginning on July 1, 2020, and subject to appropriation
172019, unit owners meeting the requirements of this Section may
18make a written request, as outlined in subsection (f) of this
19Section, to the Ombudsperson for assistance in resolving a
20dispute between a unit owner and an association that involves a
21violation of the Condominium Property Act or the Common
22Interest Community Association Property Act.
23    (b) The Ombudsperson shall not accept requests for
24resolutions of disputes with community association managers,
25supervising community association managers, or community

 

 

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1association management firms, as defined in the Community
2Association Manager Licensing and Disciplinary Act.
3    (c) The Ombudsperson shall not accept requests for
4resolutions of disputes for which there is a pending complaint
5filed in any court or administrative tribunal in any
6jurisdiction or for which arbitration or alternative dispute
7resolution is scheduled to occur or has previously occurred.
8    (d) The assistance described in subsection (a) of this
9Section is available only to unit owners. In order for a unit
10owner to receive the assistance from the Ombudsperson described
11in subsection (a) of this Section, the unit owner must:
12        (1) owe no outstanding assessments, fees, or funds to
13    the association, unless the assessments, fees, or funds are
14    central to the dispute;
15        (2) allege a dispute that was initiated, or initially
16    occurred, within the past 2 calendar years preceding of the
17    date of the request;
18        (3) have made a written complaint pursuant to the unit
19    owner's association's complaint policy, as outlined in
20    Section 35, which alleged alleges violations of the
21    Condominium Property Act or the Common Interest Community
22    Association Act;
23        (4) have received a final and adverse decision from the
24    association and attach a copy of the association's final
25    adverse decision marked "final" to the request to the
26    Ombudsperson; and

 

 

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1        (5) have filed the request within 30 days after the
2    receipt of the association's final adverse decision.
3    (e) A unit owner who has not received a response, marked
4"final", to his or her complaint from the association within a
5reasonable time may request assistance from the Ombudsperson
6pursuant to subsection (a) of this Section if the unit owner
7meets the requirements of items (1), (2), and (3) of subsection
8(d) of this Section. A unit owner may not request assistance
9from the Ombudsperson until at least 90 days after the initial
10written complaint was submitted to the association. The
11Ombudsperson may decline a unit owner's request for assistance
12on the basis that a reasonable time has not yet passed.
13    (f) The request for assistance shall be in writing, on
14forms provided electronically by the Office, and include the
15following:
16        (1) the name, address, and contact information of the
17    unit owner;
18        (2) the name, address, and contact information of the
19    association;
20        (3) the applicable association governing documents
21    unless the absence of governing documents is central to the
22    dispute;
23        (4) the date of the final adverse decision by the
24    association;
25        (5) a copy of the association's written complaint
26    policy required under Section 35 of this Act;

 

 

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1        (6) a copy of the unit owner's complaint to the
2    association with a specific reference to the alleged
3    violations of the Condominium Property Act or the Common
4    Interest Community Association Act;
5        (7) documentation verifying the unit owner's ownership
6    of a unit, such as a copy of a recorded deed or other
7    document conferring title; and
8        (8) a copy of the association's adverse decision marked
9    "final", if applicable.
10    (g) On receipt of a unit owner's request for assistance
11that the Department determines meets the requirements of this
12Section, the Ombudsperson shall, within the limits of the
13available resources, confer with the interested parties and
14assist in efforts to resolve the dispute by mutual agreement of
15the parties.
16    (h) The Ombudsperson shall assist only opposing parties who
17mutually agree to participate in dispute resolution.
18    (i) A unit owner is limited to one request for assistance
19per dispute. The meaning of dispute is to be broadly
20interpreted by the Department.
21    (j) The Department has the authority to determine whether
22or not a final decision is adverse under paragraph (4) of
23subsection (d) of this Section.
24    (k) The Department shall, on or before July 1, 2020,
25establish rules describing the time limit, method, and manner
26for dispute resolution.

 

 

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1    (l) (Blank) A request under the Freedom of Information Act
2for information does not constitute a request for assistance
3under this Section.
4(Source: P.A. 98-1135, eff. 7-1-16.)
 
5    (765 ILCS 615/45)
6    (This Section may contain text from a Public Act with a
7delayed effective date)
8    (Section scheduled to be repealed on July 1, 2021)
9    Sec. 45. Confidentiality.
10    (a) All information collected by the Department in the
11course of addressing a request for assistance or for any other
12purpose pursuant to this Act Section 40 shall be maintained for
13the confidential use of the Department and shall not be
14disclosed. The Department shall not disclose the information to
15anyone other than law enforcement officials or regulatory
16agencies that have an appropriate regulatory interest as
17determined by the Secretary. Information and documents
18disclosed to a federal, State, county, or local law enforcement
19agency shall not be disclosed by that agency for any purpose to
20any other agency or person.
21    (b) A request for information made to the Department, or
22the Ombudsperson, under this Act does not constitute a request
23under the Freedom of Information Act.
24(Source: P.A. 98-1135, eff. 7-1-16.)
 

 

 

09900HB4658ham001- 20 -LRB099 18521 HEP 47005 a

1    (765 ILCS 615/50)
2    (This Section may contain text from a Public Act with a
3delayed effective date)
4    (Section scheduled to be repealed on July 1, 2021)
5    Sec. 50. Reports.
6    (a) The Department shall submit an annual written report on
7the activities of the Office to the General Assembly. The
8Department shall submit the first report no later than July 1,
92018. Beginning in 2019, the Department shall submit the
10report , no later than October 1 of each year, with the initial
11report being due October 1, 2020. The report shall include all
12of the following:
13        (1) annual workload and performance data, including
14    (i) the number of requests for information; (ii) training,
15    education, or other information provided; (iii) assistance
16    received, the manner in which education and training was
17    conducted; requests were or were not resolved and (iv) the
18    staff time required to provide the training, education, or
19    other information resolve the requests. For each category
20    of data, the report shall provide subtotals based on the
21    type of question or dispute involved in the request; and
22        (2) where relevant information is available, analysis
23    of the most common and serious types of concerns disputes
24    within condominiums and common interest communities, along
25    with any recommendations for statutory reform to reduce the
26    frequency or severity of those disputes.

 

 

09900HB4658ham001- 21 -LRB099 18521 HEP 47005 a

1(Source: P.A. 98-1135, eff. 7-1-16.)
 
2    (765 ILCS 615/60)
3    (This Section may contain text from a Public Act with a
4delayed effective date)
5    (Section scheduled to be repealed on July 1, 2021)
6    Sec. 60. Rules. The Department may, from time to time,
7adopt such rules as are necessary for the administration and
8enforcement of any provision of this Act. Any rule adopted
9under this Act is subject to the rulemaking provisions of the
10Illinois Administrative Procedure Act.
11(Source: P.A. 98-1135, eff. 7-1-16.)
 
12    (765 ILCS 615/70)
13    (This Section may contain text from a Public Act with a
14delayed effective date)
15    (Section scheduled to be repealed on July 1, 2021)
16    Sec. 70. Repeal. This Act is repealed on July 1, 2022 2021.
17(Source: P.A. 98-1135, eff. 7-1-16.)
 
18    (765 ILCS 615/999)
19    (This Section may contain text from a Public Act with a
20delayed effective date)
21    (Section scheduled to be repealed on July 1, 2021)
22    Sec. 999. Effective date. This Act takes effect January 1,
232017 July 1, 2016.

 

 

09900HB4658ham001- 22 -LRB099 18521 HEP 47005 a

1(Source: P.A. 98-1135, eff. 7-1-16.)
 
2    (765 ILCS 615/55 rep.)
3    Section 25. The Condominium and Common Interest Community
4Ombudsperson Act is amended by repealing Section 55.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".