Sen. Dale Fowler

Amends the Property Tax Code. Provides that provisions concerning delinquencies by lessees of property owned by a taxing district apply in all counties with a population of fewer than 3,000,000 inhabitants (currently, counties with more than 800,000 but less than 1,000,000 inhabitants). Provides that those provisions apply if the taxes remain unpaid 60 days after the final (currently, second) installment due date. Effective immediately.

Creates the Disposition of Big Box Property Act. Defines "big box property" as property located in the State consisting of one or more property identification numbers under common ownership that contains at least one building of 30,000 square feet or more. Provides that the owner of a big box property shall provide written notice of listing the property or entering into a contract for sale of the property to the corporate authorities of the municipality in which the property is located within 7 days of the property first being listed for sale or under contract for sale. Provides that the notice of the contract for sale shall include the identity of the purchaser, the terms of the sale, and the intended use of the property after the transfer. Provides that the municipality has the right to purchase the big box property within 60 days of receipt of the notice, on the same terms as contained in the listing or offered to any purchaser. Provides that the municipality may require the purchaser of any big box property to maintain the current use or similar commercial operations of the building, and if the purchaser fails to do so, the municipality may exercise the authority to purchase the property at the same purchase price as paid by the purchaser. Provides that the municipality in which the big box property is located may impose a fine not to exceed $750 per day on the owner of a big box property who is in violation of the Act.

Amends the Hotel Operators' Occupation Tax Act. Provides that the tax shall not apply to gross rental receipts received from the renting, leasing or letting of rooms to an entity that is organized and operated exclusively by an organization chartered by the United States Congress for the purpose of providing disaster relief and that possesses an active Exemption Identification Number issued by the Department of Revenue if the renting, leasing, or letting of the rooms is in furtherance of the purposes for which the exempt organization is organized. Effective immediately.

Amends the State Finance Act. Provides that, beginning fiscal year 2024, no road fund money shall be appropriated to the Illinois State Police, except money appropriated each fiscal year to implement and fulfill the requirements of the Motor Carrier Safety Assistance Program, not to exceed the annual allocation plus 25% from the Federal Motor Carrier Safety Administration. Amends the Illinois Hazardous Materials Transportation Act to provide that the Illinois State Police (instead of the Department of Transportation) shall administer the Act. Amends the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Illinois State Police (instead of the Department of Transportation in conjunction with the Illinois State Police) shall administer the Law. Effective July 1, 2023.

Amends the Criminal Code of 2012. Provides that when "another" or "another person" is used in the identity theft and aggravated identity theft statute it includes, but is not limited to, an individual, whether living or deceased or real or fictitious. Provides that it also includes any entity, firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation, or other private or public entity.

Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for the dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care.

Amends the Township Code. Provides that, except as otherwise required by a contract existing on the effective date of the amendatory Act or by federal law, a township board may not provide group life, health, accident, hospital, or dental insurance or any combination of those types of insurance to the spouse of an employee or official or provide those types of insurances after the employee's employment ends or official's term of office expires. Makes conforming changes.

Amends the Freedom of Information Act. Provides that a public body shall include in its list of records available under the Act the identification and a plain-text description of each of the types or categories of information of each field of each database of the public body. Provides that the public body shall provide a sufficient description of the structures of all databases under the control of the public body to allow a requester to request the public body to perform specific database queries.

Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State Records Commission or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State Records Commission or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Acts when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State Records Commission or Local Records Commission, with the intent to defraud a party, public officer, or entity commits a Class 4 felony.

Amends the Illinois Income Tax Act. Creates an income tax credit for any taxpayers that hire a new employee for a position as a driver for which a commercial driver's license is required and any individual taxpayers who are employed as a driver in a position in which a commercial driver's license is required. Effective immediately.