Amends the Revised Uniform Unclaimed Property Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 765 ILCS 1026/15-101 Adds reference to: New Act 5 ILCS 175/5-115 5 ILCS 175/5-120 5 ILCS 175/5-125 5 ILCS 175/10-130 755 ILCS 5/1-2.18 755 ILCS 5/1-2.25 new 755 ILCS 5/1-2.26 new 755 ILCS 5/6-5 755 ILCS 5/6-6 755 ILCS 5/8-1 755 ILCS 5/8-2 Replaces everything after the enacting clause. Creates the Electronic Wills and Remote Witnesses Act. Provides that an electronic will shall be executed by the testator or by some person in the testator's presence and at the testator's direction, and attested to in the testator's presence by 2 or more credible witnesses. Provides for the revocation of an electronic will. Provides that an electronic will is a digital asset and any person or business in possession of an electronic will is a custodian. Provides for certified copies. Provides that a person may witness any document, other than a will, using audio-video communication between the individual's signing the document and the witness. Provides for remote attestation for a will. Provides methods for determining a signer's or testator's identity. Provides for the verification of an electronic will when a petition to have an electronic will admitted to probate is filed. Provides for: admission of a paper copy of an electronic will; admission of a will attested to by a witness who is physically present; admission of a will attested to by a remote witness; and admission of a will signed under the Electronic Commerce Security Act. Provides that nothing prohibits any party from introducing evidence of fraud, forgery, compulsion, or other improper conduct which in the opinion of the court is deemed sufficient to invalidate the will when being admitted. Provides for: formal proof of a will with a remote witness; formal proof of an electronic will; and formal proof of a will witnessed under the Electronic Commerce Security Act. Makes corresponding changes in the Electronic Commerce Security Act and the Probate Act of 1975. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change: In the Electronic Wills and Remote Witnesses Act, provides that, effective March 26, 2020 and ending 30 days after the expiration of the Governor's emergency declaration regarding COVID-19, a notarial act or an act of witnessing may be performed through means of 2-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness, and the notary public. Effective immediately.
Sponsored bills
Amends the School Code. Requires school districts to provide contact information for the National Suicide Prevention Lifeline and for the Crisis Text Line on the back of each student identification card issued by the school district. Provides that if the school district does not issue student identification cards to its students or to all of its students, the school district must publish this information on its website. Effective July 1, 2021.
Amends the Illinois Food, Drug and Cosmetic Act. Provides that a drug is misbranded if it contains gluten but does not provide a warning on its label stating that it contains gluten. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Food, Drug and Cosmetic Act. Provides that an oral drug is misbranded if gluten is included as an inactive ingredient and is not so listed on its label. Provides that the provisions do not apply to pharmacies or pharmacists.
Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that each State building constructed, acquired, or of which more than 50% of the façade is substantially altered shall meet specified standards concerning bird safety. Provides requirements for the Director of Central Management Services in implementing the standards. Specifies that the provisions shall not apply to any acquisition or substantial alteration if the Director, after consideration of multiple options, determines that the use of the required building materials and design features would result in a significant additional cost for the project. Exempts specified buildings from the requirements. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that any construction which may be required as a result of the bird-safe buildings requirements shall be under the authority of the Capital Development Board in consultation with the Department of Central Management Services. Provides that the requirements shall only apply to State buildings under the management or control of the Department, but does not include buildings leased by the Department. Provides that the requirements shall not apply to any project in the design or construction phase as of the effective date of the provisions. Removes the Lincoln Home in Springfield, Illinois, and its related buildings and grounds from the list of entities for which the bird-safe building requirements do not apply. Makes conforming changes.
Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. Once submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days if the original document contains an unlawful restrictive covenant. Provides that the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists and shall record the modification if the State's Attorney finds an unlawful restrictive covenant. Limits liability of the county for unauthorized modifications. Defines terms. Contains other provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: modifies the type of association or cooperative that may execute and file a restrictive covenant modification; provides that, when a parcel of property subject to an unlawful restrictive covenant is in a common interest community association, condominium association, unit owners' association, residential housing cooperative, or master association, only the board, acting through a majority vote, may execute and file a restrictive covenant modification under the Section; provides that removal of an unlawful restrictive covenant will not require approval of the owners or members of such association or cooperative, notwithstanding any provision of the governing documents to the contrary; provides that, if the board receives a written request by an owner or member of the association or cooperative that the board exercise its authority to execute and file a restrictive covenant modification under the Section, the board shall, within 90 days, investigate any claim of an unlawful restrictive covenant and, if determined to be an unlawful restrictive covenant, shall file a restrictive covenant modification as provided under the Section; provides for a cause of action against the association or cooperative by an owner or member for failure to file a restrictive covenant modification after a request to do so and for attorneys' fees and costs if the owner or member prevails; and requires the board to give notice and a copy of the of the restrictive covenant modification to owners and members. Provides that the recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant in an amount not to exceed $10.
Amends the Statute on Statutes. Makes a technical change in a Section regarding the application of the Act. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 70/1 Adds reference to: 5 ILCS 312/1-104 from Ch. 102, par. 201-104 5 ILCS 312/1-106 new 5 ILCS 312/2-101 from Ch. 102, par. 202-101 5 ILCS 312/2-101.5 new 5 ILCS 312/2-102 from Ch. 102, par. 202-102 5 ILCS 312/2-102.5 5 ILCS 312/2-102.6 new 5 ILCS 312/2-102.7 new 5 ILCS 312/2-103 from Ch. 102, par. 202-103 5 ILCS 312/2-104 from Ch. 102, par. 202-104 5 ILCS 312/2-105 from Ch. 102, par. 202-105 5 ILCS 312/2-107 5 ILCS 312/3-101 from Ch. 102, par. 203-101 5 ILCS 312/3-101.5 new 5 ILCS 312/3-103 from Ch. 102, par. 203-103 5 ILCS 312/3-104 from Ch. 102, par. 203-104 5 ILCS 312/3-105 from Ch. 102, par. 203-105 5 ILCS 312/3-106 from Ch. 102, par. 203-106 5 ILCS 312/3-107 new 5 ILCS 312/4-101 from Ch. 102, par. 204-101 5 ILCS 312/5-101 from Ch. 102, par. 205-101 5 ILCS 312/5-102 from Ch. 102, par. 205-102 5 ILCS 312/6-102 from Ch. 102, par. 206-102 5 ILCS 312/6-102.5 new 5 ILCS 312/6-104 from Ch. 102, par. 206-104 5 ILCS 312/Art. VI-A heading new 5 ILCS 312/6A-101 new 5 ILCS 312/6A-102 new 5 ILCS 312/6A-103 new 5 ILCS 312/6A-104 new 5 ILCS 312/6A-105 new 5 ILCS 312/6A-106 new 5 ILCS 312/7-106 from Ch. 102, par. 207-106 5 ILCS 312/7-107 from Ch. 102, par. 207-107 5 ILCS 312/7-108 from Ch. 102, par. 207-108 5 ILCS 312/7-110 new 5 ILCS 312/2-106 rep. 30 ILCS 105/5.938 new 55 ILCS 5/4-4001 from Ch. 34, par. 4-4001 765 ILCS 33/2 765 ILCS 33/3.5 new Replaces everything after the enacting clause. Amends the Illinois Notary Public Act. Provides requirements concerning electronic notarization and electronic notaries public. Amends the Uniform Real Property Electronic Recording Act. Provides that a paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy satisfies specified recording requirements. Provides further requirements concerning the certification of electronic documents by notaries public. Defines terms. Makes conforming changes. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Office of the Secretary of State files with the Index Department of the Office of the Secretary of State a notice that the Office of the Secretary of State has adopted the rules necessary for implementation; except that, the changes made to specified provisions of the Illinois Notary Public Act take effect July 1, 2022. House Committee Amendment No. 1 Provides that moneys in the Electronic Notarization Fund during the preceding calendar year, shall be distributed, subject to appropriation, to the Secretary of State to fund the Department of Index's implementation and maintenance (rather than implementation only) of the electronic notarization commissions. Provides that an electronic notary public may perform an electronic notarial act for a remotely located individual outside of the United States if the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States or involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States. Modifies the audio-video communication requirements by which a remote notarial action must be performed. Provides for the transmission of a signed and notarized document by overnight mail. Provides that upon written request of a third party, a notary public may supply a copy of a line item representing the requested transaction after personally identifying information has been redacted. Provides for a specified provision to be effective July 1, 2022. Makes other changes. House Committee Amendment No. 2 Provides that any commissioned notary public may perform any notarial act remotely after first determining, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein. Specifies factors to establish that a notary public has satisfactory evidence that a person is the person whose true signature is on a document.
Amends the Illinois Vehicle Code. Defines "uniform invoice". Authorizes the Secretary of State to use commercially available title history services. Makes changes concerning odometer disclosure requirements. Provides that the Secretary is authorized to issue a certificate of title in the name of the dealership if the surrendered certificate of title has no additional space to assign the certificate of title. Makes changes concerning requirements for a licensed seller who sells, transfers, or wholesales a vehicle out of State. Provides that a good faith purchaser of a vehicle for value takes free of any undisclosed liens unless the purchaser has notice of such liens. Provides that the Secretary may remove a franchise affiliate's lien. Provides that a registration permit for 90 (instead of 30) days may be provided for a fee of $13. Makes electric motorcycles subject to additional fees for electric vehicles and allows vanity and personalized plates to be issued to owners of electric vehicles. Provides that certain military plates may be (i) transferred, upon death of the owner, to the surviving spouse; and (ii) reclassified without a replacement fee. In the Chapter concerning the licensing of vehicle dealers, makes changes to the definition of "established place of business". Provides that applicants for certain licenses shall disclose specified information related to persons liable for the performance of the dealership. Prohibits a licensee with a surrendered or revoked license from being named on an application for a subsequent license and from working for another licensee in a recordkeeping, management, or financial position. Prohibits a licensee from permitting an individual who is not an agent of the licensee to purchase a vehicle at an auction. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the contents of the introduced bill and makes the following changes: Provides that, beginning with the 2023 registration year, upon the request of the vehicle owner, an electric vehicle owner may register an electric vehicle with any qualifying registration, and an additional $100 surcharge shall be collected in addition to the applicable registration fee. Provides that the $100 additional fee is to identify the vehicle as an electric vehicle. Provides that the $100 additional fee is an annual, flat fee that shall be based on an applicant's new or existing registration year for the vehicle's corresponding weight category. Provides that a designation as an electric vehicle shall not alter a vehicle's registration. Provides that $1 of the additional fees shall be deposited into the Secretary of State Special Services Fund and the remainder of the additional fees shall be deposited into the Road Fund. Provides that the Secretary shall adopt any rules necessary to implement the new provisions. Senate Committee Amendment No. 2 Removes language providing that a purchaser of a vehicle who obtains a security interest in a vehicle in good faith for value takes free of any undisclosed liens unless the purchaser has notice of such liens and that, upon the perfection of the security interest, the Secretary of State shall invalidate the undisclosed lienholder's interest in the vehicle subject to an investigation by the Secretary of State Department of Police. Removes language allowing only a licensed dealer to use the reassignment portion included on a certificate of title to reassign a vehicle to another licensed dealer. Makes conforming changes and corrects typographical errors. Senate Floor Amendment No. 3 Adds reference to: 625 ILCS 5/3-100.2 Provides that, no later than July 1, 2022 (instead of July 1, 2021), the Secretary of State shall implement, manage, and administer an electronic lien and title system and establish by administrative rule the standards and procedures relating to the management and implementation of the system.
Amends the Illinois Municipal Code. Provides that a municipality reporting Tax Increment Financing information shall additionally report to the Comptroller: (1) the number of jobs, aspirational or otherwise, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement to date for that reporting period; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. In provisions requiring a municipality to report an analysis prepared by a financial advisor or underwriter, provides that the advisor or underwriter shall be chosen by the municipality and that analysis shall additionally include actual debt service. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that the municipality may chose the financial advisor or underwriter who shall prepare an analysis required to be submitted to the Comptroller and taxing districts relating to setting forth the: (i) nature and term of obligation; (ii) projected debt service including required reserves and debt coverage; and (iii) actual debt service (currently, only (i) and (ii) are required). Requires, for Fiscal Year 2022 and each fiscal year thereafter, the following additional items to be included in the report required to be submitted before the annual meeting of the Joint Review Board to the Comptroller and taxing districts: (1) the number of jobs, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development to date for that reporting period under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of the approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. Stated rates of return required to be reported in item (5) shall be independently verified by a third party chosen by the municipality. Makes other changes. Effective immediately.
Amends the School Code. Provides that if, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of a school district, but will be living within the district within 6 months (instead of within 60 days), the dependent must be allowed to enroll and must not be charged tuition. Provides that United States military personnel shall provide proof within 6 months (instead of within 60 days) after the time of enrollment that the dependent will be living within the district. Effective immediately.
Amends the Sales Finance Agency Act to provide that a sales finance agency shall not finance, enter into a retail installment contract, or make a loan for the purchase of a canine or feline. Provides that if a sales finance agency violates the provisions, the financing, retail installment contract, or loan shall be null and void and the sales finance agency shall have no right to collect, receive, or retain any principal, interest, or charges related to the loan, retail installment contract, or financing.