Sen. A. J. Wilhelmi

Mourns the death of Matthew Edward Ryan of Joliet.

Amends the Criminal Code of 1961. Makes a technical change in a Section concerning justification in the use of force against another person in defense of a dwelling.

Amends the Counties Code. Makes a technical change in a Section concerning the short title.

Amends the Title Insurance Act. In the provision concerning definitions, makes changes to the definition of "title insurance agent". Provides that a title insurance agent shall not act as an escrow agent in a real property transaction unless the title insurance agent, title insurance company, or another authorized title insurance agent has committed for the issuance of title insurance and the title insurance agent is authorized to act as an escrow agent on behalf of the title insurance company. Provides that closing protection letters shall indemnify the parties in a real property transaction against actual loss, not to exceed the amount of the settlement funds deposited with the escrow agent, when the loss arises out of certain circumstances. Sets forth the circumstances under which indemnification under a closing protection letter may include limitations on the liability of the title insurance. Provides that a title insurance company shall be liable for the acts or omissions of its title insurance agent as an escrow agent if the title insurance company has authorized the title insurance agent and only to the extent of the liability undertaken by the title insurance company in the agency agreement or closing protection letter. Makes other changes.

Amends the Public Utilities Act. Provides that all third-party sales representatives engaged in the marketing of retail electricity supply, including exclusive and non-exclusive agents, must, prior to the customer signing a contract, disclose in writing that they are not employed by the electric utility operating in the applicable service territory and, if applicable, that they are compensated in whole or part on a commission basis. Provides that for telephonic solicitations, the disclosure may initially be made verbally prior to the customer signing a contract, with a follow-up written disclosure required prior to any customer contract being finalized. Includes the Illinois Power Agency and its employees from being exempt as being licensed agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties and changes the requirements of parties already subject to licensure. Provides that any person or entity required to be licensed under specified provisions must, among other requirements, disclose in plain language in writing to all customers, prior to the customer signing a contract, the total anticipated remuneration to be paid to it by any third party over the period of the proposed underlying customer contract. Removes provisions requiring agents, brokers, and consultants to file copies of their verified financial statements with the Commission on an annual basis. Makes changes concerning disciplinary actions against agents, brokers, and consultants. Effective immediately.

Creates the Common Interest Community Association Act. Defines terms. Provides that the Act applies to common interest community associations and that a community instrument that is inconsistent with the Act is void as against public policy. Provides principles for the interpretation of community instruments. Provides that an initial declaration limiting ownership, rental, or occupancy of a unit to a person 55 years of age or older shall be valid and not a violation of the Illinois Human Rights Act. Provides for the election of a board, meetings, board functions, and finances of a common interest community association. Provides that an association may utilize a management company, but if that company serves more than one association it shall maintain separate accounts for each association. Provides remedies in an action brought by a unit owner against a board or board members to enforce the Act. Provides that notwithstanding any bylaws, rules, or other instruments of a common interest community association, a board may not prohibit the display of the American flag or a military flag, or both, on limited common areas or on an owner's unit. Creates the Service Member Residential Property Act. Defines terms. Provides that the Act applies to a lease of residential premises by a service member or a service member's dependents. Provides that an applicable lease may be terminated by a service member or the member's dependents after his or her entry into military service. Provides for the manner of lease termination and for arrearages, obligations, and liabilities. Provides that a violation of the Act constitutes a civil rights violation under the Illinois Human Rights Act. Provides that remedies under the Act are in addition to and do not preclude any remedy for wrongful conversion. Amends the Condominium Property Act. Provides that the Act does not apply to a common interest community association that is governed by the Common Interest Community Association Act. Amends the Illinois Human Rights Act by adding a violation of the Service Member Residential Property Act, in addition to 9 other Acts, as a civil rights violation under the Act.

Amends the Electricity Infrastructure Maintenance Fee Law and the Illinois Municipal Code. Authorizes municipalities that impose certain taxes or fees on or collected by public utilities to conduct audits of those utilities to determine the accuracy of the taxes or fees paid to the municipality. Sets forth procedures under which a municipality may collect information from a public utility that is necessary to perform an audit. Sets forth procedures concerning the audit findings, liability for errors, penalties, confidentiality, and exemptions. Amends the Local Government Taxpayers' Bill of Rights Act. Limits the authority of municipalities (including home rule municipalities) to impose penalties with respect to certain taxes imposed under the Illinois Municipal Code or with respect to the municipal electricity infrastructure maintenance fee. Effective immediately.

Amends the Probate Act of 1975. In provisions setting forth circumstances under which the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor, adds language permitting a petition if the parent or parents voluntarily relinquished physical custody of the minor, revises language permitting a petition if the parent or parents consent to the appointment, and makes other changes. Provides that upon the filing of a petition by a minor's living, adoptive, or adjudicated parent whose parental rights have not been terminated, the court shall discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the guardian's appointment unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor. Sets forth factors to be considered by the court in determining the minor's best interests. Repeals provisions concerning the parental right to custody.

Creates the Transfer Fee Covenant Act. States legislative findings and declares that transfer fee covenants violate the public policy of favoring the transferability of real property free of unreasonable restraints. Defines transfer, transfer fee, and transfer fee covenant. Provides that a transfer fee covenant or a lien to secure the payment of a transfer fee that is recorded after the effective date is void, unenforceable, and does not run with the title to the real property. Provides that it cannot be presumed that the provisions of this Act mean that a transfer fee covenant or lien recorded before the effective date is valid and enforceable.

Amends the Illinois Dental Practice Act. Provides that all information gathered by the Department during any investigation, including information subpoenaed under the Act and the investigative file, shall be kept for the confidential use of the Secretary, the dental coordinator, the Board's attorneys, the dental investigative staff, authorized clerical staff, and persons employed by contract to advise the dental coordinator or the Department as provided in the Act and shall be afforded the same status as is provided information concerning medical studies in specified provisions of the Code of Civil Procedure, except that the Department may disclose information and documents to a federal, State, or local law enforcement agency pursuant to a subpoena in an ongoing criminal investigation. Provides that any information or documents disclosed by the Department to a federal, State, or local law enforcement agency may only be used by that agency for the investigation and prosecution of a criminal offense. Provides that the provision applies only to causes of action accruing on or after the effective date of the amendatory Act. Effective immediately.