IL
Illinois House Bill HB3320

Illinois 2023-2024 Regular Session

Illinois House Bill HB3320 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3320 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 65 ILCS 5/3.1-35-91 new65 ILCS 5/3.1-35-92 new735 ILCS 5/9-102.5 new 735 ILCS 5/13-106 from Ch. 110, par. 13-106 Amends the Illinois Municipal Code. Provides that a municipal clerk must establish a residential lease depository. Each owner of a single-family house that is rented to a person other than the owner must file a copy of the lease agreement in the depository, and the lease must include all persons who are authorized to reside in the house. Provides that the lease agreements in the depository are not subject to the Freedom of Information Act. Allows the clerk to initiate an eviction action against a person residing at the house if the clerk receives a complaint or other notification that a person not authorized to reside in a house is residing in the house or is notified of a citation against the property or persons residing on the property and any person fails to provide verification that the person is authorized to reside in the house. Provides that a municipal clerk must establish an adverse possession notice depository. Provides that a person who wishes to establish a claim of adverse possession by wrongful ousting for property within the municipality must file a notice of adverse possession with the clerk. Requires a copy of the notice to be provided to the registered owner of the property. Amends the Freedom of Information Act and the Code of Civil Procedure to make conforming changes. Further amends the Code of Civil Procedure. Provides that the right to make an entry or bring a cause of action from a wrongful ouster on land within a municipality shall be deemed to have first accrued at the time of the wrongful ouster or the time a notice of adverse possession is filed with the municipal clerk, whichever is later. Provides that, prior to the initiation of an action for adverse possession for wrongful ousting of property located within a municipality, a person must first obtain a certified copy of the notice filed and attached the certified copy to the pleadings. LRB103 30018 AWJ 56438 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3320 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 65 ILCS 5/3.1-35-91 new65 ILCS 5/3.1-35-92 new735 ILCS 5/9-102.5 new 735 ILCS 5/13-106 from Ch. 110, par. 13-106 5 ILCS 140/7.5 65 ILCS 5/3.1-35-91 new 65 ILCS 5/3.1-35-92 new 735 ILCS 5/9-102.5 new 735 ILCS 5/13-106 from Ch. 110, par. 13-106 Amends the Illinois Municipal Code. Provides that a municipal clerk must establish a residential lease depository. Each owner of a single-family house that is rented to a person other than the owner must file a copy of the lease agreement in the depository, and the lease must include all persons who are authorized to reside in the house. Provides that the lease agreements in the depository are not subject to the Freedom of Information Act. Allows the clerk to initiate an eviction action against a person residing at the house if the clerk receives a complaint or other notification that a person not authorized to reside in a house is residing in the house or is notified of a citation against the property or persons residing on the property and any person fails to provide verification that the person is authorized to reside in the house. Provides that a municipal clerk must establish an adverse possession notice depository. Provides that a person who wishes to establish a claim of adverse possession by wrongful ousting for property within the municipality must file a notice of adverse possession with the clerk. Requires a copy of the notice to be provided to the registered owner of the property. Amends the Freedom of Information Act and the Code of Civil Procedure to make conforming changes. Further amends the Code of Civil Procedure. Provides that the right to make an entry or bring a cause of action from a wrongful ouster on land within a municipality shall be deemed to have first accrued at the time of the wrongful ouster or the time a notice of adverse possession is filed with the municipal clerk, whichever is later. Provides that, prior to the initiation of an action for adverse possession for wrongful ousting of property located within a municipality, a person must first obtain a certified copy of the notice filed and attached the certified copy to the pleadings. LRB103 30018 AWJ 56438 b LRB103 30018 AWJ 56438 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3320 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
33 5 ILCS 140/7.5 65 ILCS 5/3.1-35-91 new65 ILCS 5/3.1-35-92 new735 ILCS 5/9-102.5 new 735 ILCS 5/13-106 from Ch. 110, par. 13-106 5 ILCS 140/7.5 65 ILCS 5/3.1-35-91 new 65 ILCS 5/3.1-35-92 new 735 ILCS 5/9-102.5 new 735 ILCS 5/13-106 from Ch. 110, par. 13-106
44 5 ILCS 140/7.5
55 65 ILCS 5/3.1-35-91 new
66 65 ILCS 5/3.1-35-92 new
77 735 ILCS 5/9-102.5 new
88 735 ILCS 5/13-106 from Ch. 110, par. 13-106
99 Amends the Illinois Municipal Code. Provides that a municipal clerk must establish a residential lease depository. Each owner of a single-family house that is rented to a person other than the owner must file a copy of the lease agreement in the depository, and the lease must include all persons who are authorized to reside in the house. Provides that the lease agreements in the depository are not subject to the Freedom of Information Act. Allows the clerk to initiate an eviction action against a person residing at the house if the clerk receives a complaint or other notification that a person not authorized to reside in a house is residing in the house or is notified of a citation against the property or persons residing on the property and any person fails to provide verification that the person is authorized to reside in the house. Provides that a municipal clerk must establish an adverse possession notice depository. Provides that a person who wishes to establish a claim of adverse possession by wrongful ousting for property within the municipality must file a notice of adverse possession with the clerk. Requires a copy of the notice to be provided to the registered owner of the property. Amends the Freedom of Information Act and the Code of Civil Procedure to make conforming changes. Further amends the Code of Civil Procedure. Provides that the right to make an entry or bring a cause of action from a wrongful ouster on land within a municipality shall be deemed to have first accrued at the time of the wrongful ouster or the time a notice of adverse possession is filed with the municipal clerk, whichever is later. Provides that, prior to the initiation of an action for adverse possession for wrongful ousting of property located within a municipality, a person must first obtain a certified copy of the notice filed and attached the certified copy to the pleadings.
1010 LRB103 30018 AWJ 56438 b LRB103 30018 AWJ 56438 b
1111 LRB103 30018 AWJ 56438 b
1212 A BILL FOR
1313 HB3320LRB103 30018 AWJ 56438 b HB3320 LRB103 30018 AWJ 56438 b
1414 HB3320 LRB103 30018 AWJ 56438 b
1515 1 AN ACT concerning civil law.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Freedom of Information Act is amended by
1919 5 changing Section 7.5 as follows:
2020 6 (5 ILCS 140/7.5)
2121 7 Sec. 7.5. Statutory exemptions. To the extent provided for
2222 8 by the statutes referenced below, the following shall be
2323 9 exempt from inspection and copying:
2424 10 (a) All information determined to be confidential
2525 11 under Section 4002 of the Technology Advancement and
2626 12 Development Act.
2727 13 (b) Library circulation and order records identifying
2828 14 library users with specific materials under the Library
2929 15 Records Confidentiality Act.
3030 16 (c) Applications, related documents, and medical
3131 17 records received by the Experimental Organ Transplantation
3232 18 Procedures Board and any and all documents or other
3333 19 records prepared by the Experimental Organ Transplantation
3434 20 Procedures Board or its staff relating to applications it
3535 21 has received.
3636 22 (d) Information and records held by the Department of
3737 23 Public Health and its authorized representatives relating
3838
3939
4040
4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3320 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
4242 5 ILCS 140/7.5 65 ILCS 5/3.1-35-91 new65 ILCS 5/3.1-35-92 new735 ILCS 5/9-102.5 new 735 ILCS 5/13-106 from Ch. 110, par. 13-106 5 ILCS 140/7.5 65 ILCS 5/3.1-35-91 new 65 ILCS 5/3.1-35-92 new 735 ILCS 5/9-102.5 new 735 ILCS 5/13-106 from Ch. 110, par. 13-106
4343 5 ILCS 140/7.5
4444 65 ILCS 5/3.1-35-91 new
4545 65 ILCS 5/3.1-35-92 new
4646 735 ILCS 5/9-102.5 new
4747 735 ILCS 5/13-106 from Ch. 110, par. 13-106
4848 Amends the Illinois Municipal Code. Provides that a municipal clerk must establish a residential lease depository. Each owner of a single-family house that is rented to a person other than the owner must file a copy of the lease agreement in the depository, and the lease must include all persons who are authorized to reside in the house. Provides that the lease agreements in the depository are not subject to the Freedom of Information Act. Allows the clerk to initiate an eviction action against a person residing at the house if the clerk receives a complaint or other notification that a person not authorized to reside in a house is residing in the house or is notified of a citation against the property or persons residing on the property and any person fails to provide verification that the person is authorized to reside in the house. Provides that a municipal clerk must establish an adverse possession notice depository. Provides that a person who wishes to establish a claim of adverse possession by wrongful ousting for property within the municipality must file a notice of adverse possession with the clerk. Requires a copy of the notice to be provided to the registered owner of the property. Amends the Freedom of Information Act and the Code of Civil Procedure to make conforming changes. Further amends the Code of Civil Procedure. Provides that the right to make an entry or bring a cause of action from a wrongful ouster on land within a municipality shall be deemed to have first accrued at the time of the wrongful ouster or the time a notice of adverse possession is filed with the municipal clerk, whichever is later. Provides that, prior to the initiation of an action for adverse possession for wrongful ousting of property located within a municipality, a person must first obtain a certified copy of the notice filed and attached the certified copy to the pleadings.
4949 LRB103 30018 AWJ 56438 b LRB103 30018 AWJ 56438 b
5050 LRB103 30018 AWJ 56438 b
5151 A BILL FOR
5252
5353
5454
5555
5656
5757 5 ILCS 140/7.5
5858 65 ILCS 5/3.1-35-91 new
5959 65 ILCS 5/3.1-35-92 new
6060 735 ILCS 5/9-102.5 new
6161 735 ILCS 5/13-106 from Ch. 110, par. 13-106
6262
6363
6464
6565 LRB103 30018 AWJ 56438 b
6666
6767
6868
6969
7070
7171
7272
7373
7474
7575 HB3320 LRB103 30018 AWJ 56438 b
7676
7777
7878 HB3320- 2 -LRB103 30018 AWJ 56438 b HB3320 - 2 - LRB103 30018 AWJ 56438 b
7979 HB3320 - 2 - LRB103 30018 AWJ 56438 b
8080 1 to known or suspected cases of sexually transmissible
8181 2 disease or any information the disclosure of which is
8282 3 restricted under the Illinois Sexually Transmissible
8383 4 Disease Control Act.
8484 5 (e) Information the disclosure of which is exempted
8585 6 under Section 30 of the Radon Industry Licensing Act.
8686 7 (f) Firm performance evaluations under Section 55 of
8787 8 the Architectural, Engineering, and Land Surveying
8888 9 Qualifications Based Selection Act.
8989 10 (g) Information the disclosure of which is restricted
9090 11 and exempted under Section 50 of the Illinois Prepaid
9191 12 Tuition Act.
9292 13 (h) Information the disclosure of which is exempted
9393 14 under the State Officials and Employees Ethics Act, and
9494 15 records of any lawfully created State or local inspector
9595 16 general's office that would be exempt if created or
9696 17 obtained by an Executive Inspector General's office under
9797 18 that Act.
9898 19 (i) Information contained in a local emergency energy
9999 20 plan submitted to a municipality in accordance with a
100100 21 local emergency energy plan ordinance that is adopted
101101 22 under Section 11-21.5-5 of the Illinois Municipal Code.
102102 23 (j) Information and data concerning the distribution
103103 24 of surcharge moneys collected and remitted by carriers
104104 25 under the Emergency Telephone System Act.
105105 26 (k) Law enforcement officer identification information
106106
107107
108108
109109
110110
111111 HB3320 - 2 - LRB103 30018 AWJ 56438 b
112112
113113
114114 HB3320- 3 -LRB103 30018 AWJ 56438 b HB3320 - 3 - LRB103 30018 AWJ 56438 b
115115 HB3320 - 3 - LRB103 30018 AWJ 56438 b
116116 1 or driver identification information compiled by a law
117117 2 enforcement agency or the Department of Transportation
118118 3 under Section 11-212 of the Illinois Vehicle Code.
119119 4 (l) Records and information provided to a residential
120120 5 health care facility resident sexual assault and death
121121 6 review team or the Executive Council under the Abuse
122122 7 Prevention Review Team Act.
123123 8 (m) Information provided to the predatory lending
124124 9 database created pursuant to Article 3 of the Residential
125125 10 Real Property Disclosure Act, except to the extent
126126 11 authorized under that Article.
127127 12 (n) Defense budgets and petitions for certification of
128128 13 compensation and expenses for court appointed trial
129129 14 counsel as provided under Sections 10 and 15 of the
130130 15 Capital Crimes Litigation Act. This subsection (n) shall
131131 16 apply until the conclusion of the trial of the case, even
132132 17 if the prosecution chooses not to pursue the death penalty
133133 18 prior to trial or sentencing.
134134 19 (o) Information that is prohibited from being
135135 20 disclosed under Section 4 of the Illinois Health and
136136 21 Hazardous Substances Registry Act.
137137 22 (p) Security portions of system safety program plans,
138138 23 investigation reports, surveys, schedules, lists, data, or
139139 24 information compiled, collected, or prepared by or for the
140140 25 Department of Transportation under Sections 2705-300 and
141141 26 2705-616 of the Department of Transportation Law of the
142142
143143
144144
145145
146146
147147 HB3320 - 3 - LRB103 30018 AWJ 56438 b
148148
149149
150150 HB3320- 4 -LRB103 30018 AWJ 56438 b HB3320 - 4 - LRB103 30018 AWJ 56438 b
151151 HB3320 - 4 - LRB103 30018 AWJ 56438 b
152152 1 Civil Administrative Code of Illinois, the Regional
153153 2 Transportation Authority under Section 2.11 of the
154154 3 Regional Transportation Authority Act, or the St. Clair
155155 4 County Transit District under the Bi-State Transit Safety
156156 5 Act.
157157 6 (q) Information prohibited from being disclosed by the
158158 7 Personnel Record Review Act.
159159 8 (r) Information prohibited from being disclosed by the
160160 9 Illinois School Student Records Act.
161161 10 (s) Information the disclosure of which is restricted
162162 11 under Section 5-108 of the Public Utilities Act.
163163 12 (t) All identified or deidentified health information
164164 13 in the form of health data or medical records contained
165165 14 in, stored in, submitted to, transferred by, or released
166166 15 from the Illinois Health Information Exchange, and
167167 16 identified or deidentified health information in the form
168168 17 of health data and medical records of the Illinois Health
169169 18 Information Exchange in the possession of the Illinois
170170 19 Health Information Exchange Office due to its
171171 20 administration of the Illinois Health Information
172172 21 Exchange. The terms "identified" and "deidentified" shall
173173 22 be given the same meaning as in the Health Insurance
174174 23 Portability and Accountability Act of 1996, Public Law
175175 24 104-191, or any subsequent amendments thereto, and any
176176 25 regulations promulgated thereunder.
177177 26 (u) Records and information provided to an independent
178178
179179
180180
181181
182182
183183 HB3320 - 4 - LRB103 30018 AWJ 56438 b
184184
185185
186186 HB3320- 5 -LRB103 30018 AWJ 56438 b HB3320 - 5 - LRB103 30018 AWJ 56438 b
187187 HB3320 - 5 - LRB103 30018 AWJ 56438 b
188188 1 team of experts under the Developmental Disability and
189189 2 Mental Health Safety Act (also known as Brian's Law).
190190 3 (v) Names and information of people who have applied
191191 4 for or received Firearm Owner's Identification Cards under
192192 5 the Firearm Owners Identification Card Act or applied for
193193 6 or received a concealed carry license under the Firearm
194194 7 Concealed Carry Act, unless otherwise authorized by the
195195 8 Firearm Concealed Carry Act; and databases under the
196196 9 Firearm Concealed Carry Act, records of the Concealed
197197 10 Carry Licensing Review Board under the Firearm Concealed
198198 11 Carry Act, and law enforcement agency objections under the
199199 12 Firearm Concealed Carry Act.
200200 13 (v-5) Records of the Firearm Owner's Identification
201201 14 Card Review Board that are exempted from disclosure under
202202 15 Section 10 of the Firearm Owners Identification Card Act.
203203 16 (w) Personally identifiable information which is
204204 17 exempted from disclosure under subsection (g) of Section
205205 18 19.1 of the Toll Highway Act.
206206 19 (x) Information which is exempted from disclosure
207207 20 under Section 5-1014.3 of the Counties Code or Section
208208 21 8-11-21 of the Illinois Municipal Code.
209209 22 (y) Confidential information under the Adult
210210 23 Protective Services Act and its predecessor enabling
211211 24 statute, the Elder Abuse and Neglect Act, including
212212 25 information about the identity and administrative finding
213213 26 against any caregiver of a verified and substantiated
214214
215215
216216
217217
218218
219219 HB3320 - 5 - LRB103 30018 AWJ 56438 b
220220
221221
222222 HB3320- 6 -LRB103 30018 AWJ 56438 b HB3320 - 6 - LRB103 30018 AWJ 56438 b
223223 HB3320 - 6 - LRB103 30018 AWJ 56438 b
224224 1 decision of abuse, neglect, or financial exploitation of
225225 2 an eligible adult maintained in the Registry established
226226 3 under Section 7.5 of the Adult Protective Services Act.
227227 4 (z) Records and information provided to a fatality
228228 5 review team or the Illinois Fatality Review Team Advisory
229229 6 Council under Section 15 of the Adult Protective Services
230230 7 Act.
231231 8 (aa) Information which is exempted from disclosure
232232 9 under Section 2.37 of the Wildlife Code.
233233 10 (bb) Information which is or was prohibited from
234234 11 disclosure by the Juvenile Court Act of 1987.
235235 12 (cc) Recordings made under the Law Enforcement
236236 13 Officer-Worn Body Camera Act, except to the extent
237237 14 authorized under that Act.
238238 15 (dd) Information that is prohibited from being
239239 16 disclosed under Section 45 of the Condominium and Common
240240 17 Interest Community Ombudsperson Act.
241241 18 (ee) Information that is exempted from disclosure
242242 19 under Section 30.1 of the Pharmacy Practice Act.
243243 20 (ff) Information that is exempted from disclosure
244244 21 under the Revised Uniform Unclaimed Property Act.
245245 22 (gg) Information that is prohibited from being
246246 23 disclosed under Section 7-603.5 of the Illinois Vehicle
247247 24 Code.
248248 25 (hh) Records that are exempt from disclosure under
249249 26 Section 1A-16.7 of the Election Code.
250250
251251
252252
253253
254254
255255 HB3320 - 6 - LRB103 30018 AWJ 56438 b
256256
257257
258258 HB3320- 7 -LRB103 30018 AWJ 56438 b HB3320 - 7 - LRB103 30018 AWJ 56438 b
259259 HB3320 - 7 - LRB103 30018 AWJ 56438 b
260260 1 (ii) Information which is exempted from disclosure
261261 2 under Section 2505-800 of the Department of Revenue Law of
262262 3 the Civil Administrative Code of Illinois.
263263 4 (jj) Information and reports that are required to be
264264 5 submitted to the Department of Labor by registering day
265265 6 and temporary labor service agencies but are exempt from
266266 7 disclosure under subsection (a-1) of Section 45 of the Day
267267 8 and Temporary Labor Services Act.
268268 9 (kk) Information prohibited from disclosure under the
269269 10 Seizure and Forfeiture Reporting Act.
270270 11 (ll) Information the disclosure of which is restricted
271271 12 and exempted under Section 5-30.8 of the Illinois Public
272272 13 Aid Code.
273273 14 (mm) Records that are exempt from disclosure under
274274 15 Section 4.2 of the Crime Victims Compensation Act.
275275 16 (nn) Information that is exempt from disclosure under
276276 17 Section 70 of the Higher Education Student Assistance Act.
277277 18 (oo) Communications, notes, records, and reports
278278 19 arising out of a peer support counseling session
279279 20 prohibited from disclosure under the First Responders
280280 21 Suicide Prevention Act.
281281 22 (pp) Names and all identifying information relating to
282282 23 an employee of an emergency services provider or law
283283 24 enforcement agency under the First Responders Suicide
284284 25 Prevention Act.
285285 26 (qq) Information and records held by the Department of
286286
287287
288288
289289
290290
291291 HB3320 - 7 - LRB103 30018 AWJ 56438 b
292292
293293
294294 HB3320- 8 -LRB103 30018 AWJ 56438 b HB3320 - 8 - LRB103 30018 AWJ 56438 b
295295 HB3320 - 8 - LRB103 30018 AWJ 56438 b
296296 1 Public Health and its authorized representatives collected
297297 2 under the Reproductive Health Act.
298298 3 (rr) Information that is exempt from disclosure under
299299 4 the Cannabis Regulation and Tax Act.
300300 5 (ss) Data reported by an employer to the Department of
301301 6 Human Rights pursuant to Section 2-108 of the Illinois
302302 7 Human Rights Act.
303303 8 (tt) Recordings made under the Children's Advocacy
304304 9 Center Act, except to the extent authorized under that
305305 10 Act.
306306 11 (uu) Information that is exempt from disclosure under
307307 12 Section 50 of the Sexual Assault Evidence Submission Act.
308308 13 (vv) Information that is exempt from disclosure under
309309 14 subsections (f) and (j) of Section 5-36 of the Illinois
310310 15 Public Aid Code.
311311 16 (ww) Information that is exempt from disclosure under
312312 17 Section 16.8 of the State Treasurer Act.
313313 18 (xx) Information that is exempt from disclosure or
314314 19 information that shall not be made public under the
315315 20 Illinois Insurance Code.
316316 21 (yy) Information prohibited from being disclosed under
317317 22 the Illinois Educational Labor Relations Act.
318318 23 (zz) Information prohibited from being disclosed under
319319 24 the Illinois Public Labor Relations Act.
320320 25 (aaa) Information prohibited from being disclosed
321321 26 under Section 1-167 of the Illinois Pension Code.
322322
323323
324324
325325
326326
327327 HB3320 - 8 - LRB103 30018 AWJ 56438 b
328328
329329
330330 HB3320- 9 -LRB103 30018 AWJ 56438 b HB3320 - 9 - LRB103 30018 AWJ 56438 b
331331 HB3320 - 9 - LRB103 30018 AWJ 56438 b
332332 1 (bbb) Information that is prohibited from disclosure
333333 2 by the Illinois Police Training Act and the Illinois State
334334 3 Police Act.
335335 4 (ccc) Records exempt from disclosure under Section
336336 5 2605-304 of the Illinois State Police Law of the Civil
337337 6 Administrative Code of Illinois.
338338 7 (ddd) Information prohibited from being disclosed
339339 8 under Section 35 of the Address Confidentiality for
340340 9 Victims of Domestic Violence, Sexual Assault, Human
341341 10 Trafficking, or Stalking Act.
342342 11 (eee) Information prohibited from being disclosed
343343 12 under subsection (b) of Section 75 of the Domestic
344344 13 Violence Fatality Review Act.
345345 14 (fff) Images from cameras under the Expressway Camera
346346 15 Act. This subsection (fff) is inoperative on and after
347347 16 July 1, 2023.
348348 17 (ggg) Information prohibited from disclosure under
349349 18 paragraph (3) of subsection (a) of Section 14 of the Nurse
350350 19 Agency Licensing Act.
351351 20 (hhh) Information submitted to the Illinois Department
352352 21 of State Police in an affidavit or application for an
353353 22 assault weapon endorsement, assault weapon attachment
354354 23 endorsement, .50 caliber rifle endorsement, or .50 caliber
355355 24 cartridge endorsement under the Firearm Owners
356356 25 Identification Card Act.
357357 26 (iii) Documents submitted to the municipal clerk under
358358
359359
360360
361361
362362
363363 HB3320 - 9 - LRB103 30018 AWJ 56438 b
364364
365365
366366 HB3320- 10 -LRB103 30018 AWJ 56438 b HB3320 - 10 - LRB103 30018 AWJ 56438 b
367367 HB3320 - 10 - LRB103 30018 AWJ 56438 b
368368 1 Section 3.1-35-91 of the Illinois Municipal Code.
369369 2 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
370370 3 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
371371 4 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
372372 5 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
373373 6 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
374374 7 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
375375 8 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
376376 9 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
377377 10 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
378378 11 2-13-23.)
379379 12 Section 10. The Illinois Municipal Code is amended by
380380 13 adding Sections 3.1-35-91 and 3.1-35-92 as follows:
381381 14 (65 ILCS 5/3.1-35-91 new)
382382 15 Sec. 3.1-35-91. Residential lease depository; eviction of
383383 16 unauthorized resident.
384384 17 (a) As used in this Section, "house" means a single-family
385385 18 house.
386386 19 (b) A municipal clerk must establish a residential lease
387387 20 depository. Each owner of a house that is rented to a person
388388 21 other than the owner must file a copy of the lease agreement in
389389 22 the depository, and the lease must include all persons who are
390390 23 authorized to reside in the house. The lease agreements in the
391391 24 depository are not subject to the Freedom of Information Act.
392392
393393
394394
395395
396396
397397 HB3320 - 10 - LRB103 30018 AWJ 56438 b
398398
399399
400400 HB3320- 11 -LRB103 30018 AWJ 56438 b HB3320 - 11 - LRB103 30018 AWJ 56438 b
401401 HB3320 - 11 - LRB103 30018 AWJ 56438 b
402402 1 (c) If the clerk (i) receives a complaint or other
403403 2 notification that a person not authorized to reside in a house
404404 3 or is notified of citations issued on the property indicating
405405 4 that is residing in the house or (ii) is notified of a citation
406406 5 against the property or persons residing on the property, the
407407 6 clerk may require any person residing at the house to verify
408408 7 that the person has authorization to reside at the house. A
409409 8 person may verify to the clerk that the person is authorized to
410410 9 reside at the house by the person's name being on a lease in
411411 10 the lease depository, by showing ownership, or by showing a
412412 11 recent local tax bill or utility bill at the address with the
413413 12 person's name on it. If the person failed to provide proof of
414414 13 authorization to reside at that house within 30 days after the
415415 14 date of the request by the clerk, the clerk may initiate an
416416 15 eviction action against the person as provided in Article IX
417417 16 of the Code of Civil Procedure.
418418 17 An action may only be commenced by the clerk under this
419419 18 subsection if the municipality has a crime-free housing
420420 19 program.
421421 20 (65 ILCS 5/3.1-35-92 new)
422422 21 Sec. 3.1-35-92. Adverse possession notice depository. A
423423 22 municipal clerk must establish an adverse possession notice
424424 23 depository. A person who wishes to establish a claim of
425425 24 adverse possession by wrongful ousting for property within the
426426 25 municipality must file a notice of adverse possession with the
427427
428428
429429
430430
431431
432432 HB3320 - 11 - LRB103 30018 AWJ 56438 b
433433
434434
435435 HB3320- 12 -LRB103 30018 AWJ 56438 b HB3320 - 12 - LRB103 30018 AWJ 56438 b
436436 HB3320 - 12 - LRB103 30018 AWJ 56438 b
437437 1 clerk. Upon filing, the municipal clerk must send a copy of the
438438 2 notice to the registered owner of the property.
439439 3 Section 15. The Code of Civil Procedure is amended by
440440 4 changing Section 13-106 and by adding Section 9-102.5 as
441441 5 follows:
442442 6 (735 ILCS 5/9-102.5 new)
443443 7 Sec. 9-102.5. Eviction by the municipal clerk.
444444 8 Notwithstanding any other provision of law, the municipal
445445 9 clerk may initiate an eviction action for the benefit of the
446446 10 property owner of a single-family house as provided in Section
447447 11 3.1-35-91 of the Illinois Municipal Code. The procedures for
448448 12 an eviction action under this Article for a municipal clerk
449449 13 are the same as those requirements for a person entitled to the
450450 14 possession of the house.
451451 15 (735 ILCS 5/13-106) (from Ch. 110, par. 13-106)
452452 16 Sec. 13-106. Accrual of right of entry or to bring action.
453453 17 The right to make an entry or bring an action to recover land
454454 18 shall be deemed to have first accrued at the times
455455 19 respectively hereinafter provided:
456456 20 (a) When any person is wrongfully ousted from possession,
457457 21 his or her right of entry or of action shall be deemed to have
458458 22 accrued at the time of such wrongful ouster; except, if the
459459 23 land is within a municipality, his or her right of entry or of
460460
461461
462462
463463
464464
465465 HB3320 - 12 - LRB103 30018 AWJ 56438 b
466466
467467
468468 HB3320- 13 -LRB103 30018 AWJ 56438 b HB3320 - 13 - LRB103 30018 AWJ 56438 b
469469 HB3320 - 13 - LRB103 30018 AWJ 56438 b
470470 1 action shall be deemed to have accrued at the time of the
471471 2 wrongful ouster or the time a notice of adverse possession is
472472 3 filed with the municipal clerk under Section 3.1-35-92 of the
473473 4 Illinois Municipal code, whichever is later. Prior to the
474474 5 initiation of an action for adverse possession for wrongful
475475 6 ousting of property located within a municipality under this
476476 7 Article, a person must first obtain a certified copy of the
477477 8 notice filed under Section 3.1-35-92 of the Illinois Municipal
478478 9 Code and attach the certified copy to the pleadings.
479479 10 (b) When he or she claims as heir or legatee of an owner in
480480 11 possession who died, his or her right shall be deemed to have
481481 12 accrued at the time of such death, unless there is an estate
482482 13 intervening after the death of such ancestor or testator; in
483483 14 which case his or her right shall be deemed to accrue when such
484484 15 intermediate estate expires, or when it would have expired by
485485 16 its own limitations.
486486 17 (c) When there is such an intermediate estate, and in all
487487 18 other cases when the party claims by force of any remainder or
488488 19 reversion, his or her right, so far as it is affected by the
489489 20 limitation herein prescribed, shall be deemed to accrue when
490490 21 the intermediate or precedent estate would have expired by its
491491 22 own limitation, notwithstanding any forfeiture thereof for
492492 23 which he or she might have entered at an earlier time.
493493 24 (d) Paragraph (c) of this Section shall not prevent a
494494 25 person from entering when entitled to do so by reason of any
495495 26 forfeiture or breach of condition; but if he or she claims
496496
497497
498498
499499
500500
501501 HB3320 - 13 - LRB103 30018 AWJ 56438 b
502502
503503
504504 HB3320- 14 -LRB103 30018 AWJ 56438 b HB3320 - 14 - LRB103 30018 AWJ 56438 b
505505 HB3320 - 14 - LRB103 30018 AWJ 56438 b
506506 1 under such a title, his or her right shall be deemed to have
507507 2 accrued when the forfeiture was incurred or the condition was
508508 3 broken.
509509 4 (e) In all cases not otherwise specially provided for, the
510510 5 right shall be deemed to have accrued when the claimant, or the
511511 6 person under whom he or she claims, first became entitled to
512512 7 the possession of the premises under the title upon which the
513513 8 entry or the action is founded.
514514 9 (Source: P.A. 84-549.)
515515
516516
517517
518518
519519
520520 HB3320 - 14 - LRB103 30018 AWJ 56438 b