Bill Text: IL HB5038 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the State Records Act, the Secretary of State Merit Employment Code, the State Library Act, the Illinois Literacy Act, the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act, the Illinois Vehicle Code, the Uniform Real Property Electronic Recording Act, and the Motor Vehicle Franchise Act. Provides that an appointed Board, Foundation, or Council member who fails to attend in person 2 consecutive Board, Foundation, or Council meetings without an excused absence shall no longer serve as a member. Requires the Secretary of State to fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. Requires the Boards to evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. Provides that if no final action is required under the Open Meetings Act, a member may participate in the meeting by virtual presence. Amends the Court of Claims Act. Provides the court shall hold sessions at such places or remotely as it deems necessary to expedite the business of the court. Allows the court to adopt administrative rules to provide for remote participation and electronic filing in any proceeding and for the conduct of any business of the court. Allows the clerk of the court to administratively determine certain claims against the State if the claim possesses specified characteristics. Provides that one judge may decide on claims made with respect to lapsed appropriations or matters involving the award of emergency funds under the Crime Victims Compensation Act. Provides that all claims filed under the Crime Victims Compensation Act must be filed within 5 years (rather than one year) of the crime on which the claim is based. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5038 Detail]

Download: Illinois-2023-HB5038-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5038 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
See Index
Amends the State Records Act, the Secretary of State Merit Employment Code, the State Library Act, the Illinois Literacy Act, the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act, the Illinois Vehicle Code, the Uniform Real Property Electronic Recording Act, and the Motor Vehicle Franchise Act. Provides that an appointed Board, Foundation, or Council member who fails to attend in person 2 consecutive Board, Foundation, or Council meetings without an excused absence shall no longer serve as a member. Requires the Secretary of State to fill any vacancy by the appointment of a member for the unexpired term of the member in the same manner as in the making of original appointments. Requires the Boards to evenly divide its meetings between Chicago and Springfield unless good cause exists to meet in one location over the other. Provides that if no final action is required under the Open Meetings Act, a member may participate in the meeting by virtual presence. Amends the Court of Claims Act. Provides the court shall hold sessions at such places or remotely as it deems necessary to expedite the business of the court. Allows the court to adopt administrative rules to provide for remote participation and electronic filing in any proceeding and for the conduct of any business of the court. Allows the clerk of the court to administratively determine certain claims against the State if the claim possesses specified characteristics. Provides that one judge may decide on claims made with respect to lapsed appropriations or matters involving the award of emergency funds under the Crime Victims Compensation Act. Provides that all claims filed under the Crime Victims Compensation Act must be filed within 5 years (rather than one year) of the crime on which the claim is based. Makes other changes.
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A BILL FOR
HB5038 LRB103 37106 MXP 67225 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Records Act is amended by changing
Sections 22a and 22b as follows:
(5 ILCS 160/22a) (from Ch. 116, par. 43.25a)
Sec. 22a. There is hereby created the State Archives
Advisory Board consisting of 12 voting members and 2 nonvoting
members.
The voting members shall be appointed by the Secretary of
State as follows: A member of the State Records Commission, a
member of a Local Records Commission, a member of a local
historical society or museum, a university archivist, a person
in the field of education specializing in either history or
political science, a genealogist, a research or reference
librarian, a person who is employed or engaged as an archivist
by a business establishment and 4 public members.
The nonvoting members shall be the Director of the State
Library and the Executive Director of the Abraham Lincoln
Presidential Library and Museum who shall serve ex-officio.
Four of the initial appointees shall serve a 1-year term;
four shall serve 2-year terms; and the remaining 4 shall serve
3-year terms. The terms of the initial appointees shall be

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specified by the Secretary of State at the time of
appointments. Subsequent to the initial appointments all
members shall hold office for a period of 3 years. Vacancies
shall be filled by appointment of the Secretary of State for
the unexpired balance of the term. No person shall serve for
more than 2 consecutive 3-year terms.
The State Archives Advisory Board shall elect from its own
members one chairman and one vice chairman.
The members appointed to the Board shall serve without
compensation but shall be reimbursed for necessary expenses
incurred in the performance of their duties.
An appointed member who fails to attend in person 2
consecutive Board meetings without an excused absence shall no
longer serve as a member. If attendance by virtual attendance
at a meeting is permitted under Section 22b and an appointed
member fails to attend either in person or by virtual
presence, the member shall be deemed to have failed to attend
that meeting. If attendance by virtual attendance at a meeting
is not permitted and an appointed member fails to attend in
person, the member shall be deemed to have failed to attend
that meeting. The Secretary of State shall fill any vacancy by
the appointment of a member for the unexpired term of the
member in the same manner as in the making of original
appointments.
(Source: P.A. 102-985, eff. 1-1-23.)

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(5 ILCS 160/22b) (from Ch. 116, par. 43.25b)
Sec. 22b. The State Archives Advisory Board shall meet at
the call of the chairman, but not less than 3 times in each
calendar year, and shall make recommendations to the State
Archivist on such matters as: general policies regarding the
operation of the State archives; budget policies relative to
annual appropriations by the General Assembly; and policies
for federal funded archives programs.
The Board shall evenly divide its meetings between Chicago
and Springfield unless good cause exists to meet in one
location over the other. If no final action is required under
Section 2.01 of the Open Meetings Act, a member may
participate in the meeting by virtual presence.
(Source: P.A. 83-523.)
Section 10. The Secretary of State Merit Employment Code
is amended by changing Section 8b as follows:
(15 ILCS 310/8b) (from Ch. 124, par. 108b)
Sec. 8b. Meetings. The Merit Commission shall meet
periodically in accordance with a schedule established by the
chairman and at such other times as necessary, upon a
three-day written notice. Three members shall constitute a
quorum.
An appointed member who fails to attend in person 2
consecutive Commission meetings without an excused absence

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shall no longer serve as a member. If attendance by virtual
attendance at a meeting is permitted under this Section and an
appointed member fails to attend either in person or by
virtual presence, the member shall be deemed to have failed to
attend that meeting. If attendance by virtual attendance at a
meeting is not permitted and an appointed member fails to
attend in person, the member shall be deemed to have failed to
attend that meeting. The Secretary of State shall fill any
vacancy by the appointment of a member for the unexpired term
of the member in the same manner as in the making of original
appointments. The Commission shall evenly divide its meetings
between Chicago and Springfield unless good cause exists to
meet in one location over the other. If no final action is
required under Section 2.01 of the Open Meetings Act, a member
may participate in the meeting by virtual presence.
(Source: P.A. 89-375, eff. 8-18-95.)
Section 15. The State Library Act is amended by changing
Sections 5 and 7.2 as follows:
(15 ILCS 320/5) (from Ch. 128, par. 105)
Sec. 5. State Library Advisory Committee. There is hereby
created an Advisory Library Committee whose duty it shall be
to make recommendations concerning the policies, services, and
management of the State Library. The Advisory Committee shall
additionally advise the State Library in the development of

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State and federal library plans; provide input in addressing
policies, issues, and activities for library development and
cooperation among different types of libraries; make
recommendations concerning the evaluation of statewide
services; and address the use of technology to expand access
to information for the State's citizens.
The Committee shall consist of 20 persons appointed by the
State Librarian. The appointments shall consist of the
following:
13 Library professionals broadly representative of
Illinois libraries (including academic, public, school, and
special libraries), library systems and other consortia; and
7 citizens.
Additional persons may be made ex officio members of the
Committee, but without voting powers.
The Director of the State Library shall serve as Secretary
of the Committee but may vote only to break tie votes.
The Advisory Committee shall elect its own chairman and
vice chairman and committee members shall serve without
compensation but may be reimbursed for expenses incurred as
members of the committee.
Each committee member shall serve for a term of 3 years, or
until his or her successor is appointed, and the State
Librarian may stagger the terms. No person shall serve for
more than 2 consecutive 3-year terms.
An appointed member who fails to attend in person 2

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consecutive Committee meetings without an excused absence
shall no longer serve as a member. If attendance by virtual
attendance at a meeting is permitted under this Section and an
appointed member fails to attend either in person or by
virtual presence, the member shall be deemed to have failed to
attend that meeting. If attendance by virtual attendance at a
meeting is not permitted and an appointed member fails to
attend in person, the member shall be deemed to have failed to
attend that meeting. The State Librarian shall fill any
vacancy by the appointment of a member for the unexpired term
of the member in the same manner as in the making of original
appointments. The Committee shall evenly divide its meetings
between Chicago and Springfield unless good cause exists to
meet in one location over the other. If no final action is
required under Section 2.01 of the Open Meetings Act, a member
may participate in the meeting by virtual presence.
(Source: P.A. 91-507, eff. 8-13-99.)
(15 ILCS 320/7.2) (from Ch. 128, par. 107.2)
Sec. 7.2. Literacy Advisory Board. There is created a
Literacy Advisory Board, consisting of the Secretary of State
or his designee as chairperson, 2 members from the Illinois
State Library or their designees, 2 members from the Illinois
State Board of Education or their designees and 3 Illinois
citizens interested in the literacy issue, all appointed by
the Secretary of State. The Literacy Advisory Board shall

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review community and workplace proposals for funding of
literacy programs in Illinois submitted through the Office of
the Secretary of State and recommend to the Secretary of State
those deserving of funding. The Illinois State Library may
promulgate rules and regulations to establish standards for
literacy program funding criteria.
An appointed member who fails to attend in person 2
consecutive Board meetings without an excused absence shall no
longer serve as a member. If attendance by virtual attendance
at a meeting is permitted under this Section and an appointed
member fails to attend either in person or by virtual
presence, the member shall be deemed to have failed to attend
that meeting. If attendance by virtual attendance at a meeting
is not permitted and an appointed member fails to attend in
person, the member shall be deemed to have failed to attend
that meeting. The Board shall evenly divide its meetings
between Chicago and Springfield unless good cause exists to
meet in one location over the other. If no final action is
required under Section 2.01 of the Open Meetings Act, a member
may participate in the meeting by virtual presence.
(Source: P.A. 91-507, eff. 8-13-99.)
Section 20. The Illinois Literacy Act is amended by
changing Section 40 as follows:
(15 ILCS 322/40) (from Ch. 128, par. 240)

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Sec. 40. Illinois Literacy Foundation.
(a) The Secretary of State is authorized in accordance
with Section 10 of the State Agency Entity Creation Act to
create a not-for-profit foundation which shall be known as the
Illinois Literacy Foundation. The Secretary shall file
articles of incorporation and bylaws as required under the
General Not For Profit Corporation Act of 1986 to create the
Foundation. There shall be not less than 6 nor more than 11
Directors to the Foundation to be appointed by the Secretary
of State. The Secretary of State or his or her designee shall
serve as an ex officio ex-officio Director of the Foundation.
No Director may receive compensation for his or her services
to the Foundation. An appointed member who fails to attend in
person 2 consecutive Board meetings without an excused absence
shall no longer serve as a member. If attendance by virtual
attendance at a meeting is permitted under subsection (e) and
an appointed member fails to attend either in person or by
virtual presence, the member shall be deemed to have failed to
attend that meeting. If attendance by virtual attendance at a
meeting is not permitted and an appointed member fails to
attend in person, the member shall be deemed to have failed to
attend that meeting.
(b) The purposes of the Foundation are to promote literacy
among the residents of the State of Illinois by supporting
literacy programs and enhancing Statewide literacy awareness;
to make grants and gifts in aid and support of the goal; and to

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engage generally in other lawful endeavors consistent with the
foregoing purposes. The Foundation shall not exceed the
provisions of the General Not For Profit Corporation Act of
1986.
(c) As soon as practicable after the Foundation is
created, the Directors shall meet, organize, and designate, by
majority vote, a Chairman, Secretary, and any additional
officers as may be needed to carry out the activities of the
Foundation. The Secretary of State may adopt rules and
regulations as deemed necessary to govern Foundation
procedures.
(d) The Foundation may accept gifts or grants from the
federal government, its agencies or officers, or from any
person, firm, or corporation; and may expend receipts on
activities that it considers suitable to the performance of
its duties under this Section. Funds collected by the
Foundation shall be considered private funds and shall be held
in an appropriate account outside of the State Treasury. The
treasurer of the Foundation shall be custodian of all
Foundation funds. The Foundation's accounts and books shall be
set up and maintained in a manner approved by the Auditor
General and the Foundation and its officers shall be
responsible for the approval of recording of receipts,
approval of payments, and the proper filing of required
reports. The Foundation may be assisted in carrying out its
functions by personnel of the Office of the Secretary of State

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with respect to matters falling within their scope and
function. The Foundation shall cooperate fully with the
boards, commissions, agencies, departments and institutions of
the State. The funds held and made available by the Illinois
Literacy Foundation shall be subject to financial and
compliance audits by the Auditor General in compliance with
the Illinois State Auditing Act.
(e) The Foundation shall evenly divide its meetings
between Chicago and Springfield unless good cause exists to
meet in one location over the other. If no final action is
required under Section 2.01 of the Open Meetings Act, a member
may participate in the meeting by virtual presence.
(Source: P.A. 87-1249.)
Section 25. The Illinois Vehicle Hijacking and Motor
Vehicle Theft Prevention and Insurance Verification Act is
amended by changing Section 4 as follows:
(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
(Section scheduled to be repealed on January 1, 2025)
Sec. 4. There is hereby created an Illinois Vehicle
Hijacking and Motor Vehicle Theft Prevention and Insurance
Verification Council, which shall exercise its powers, duties
and responsibilities. There shall be 11 members of the Council
consisting of the Secretary of State or his designee, the
Director of the Illinois State Police, the State's Attorney of

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Cook County, the Superintendent of the Chicago Police
Department, and the following 7 additional members, each of
whom shall be appointed by the Secretary of State: a state's
attorney of a county other than Cook, a chief executive law
enforcement official from a jurisdiction other than the City
of Chicago, 5 representatives of insurers authorized to write
motor vehicle insurance in this State, all of whom shall be
domiciled in this State.
The Director shall be the Chairman of the Council. All
members of the Council appointed by the Secretary shall serve
at the discretion of the Secretary for a term not to exceed 4
years. The Council shall meet at least quarterly. An appointed
member who fails to attend in person 2 consecutive Council
meetings without an excused absence shall no longer serve as a
member. If attendance by virtual attendance at a meeting is
permitted under this Section and an appointed member fails to
attend either in person or by virtual presence, the member
shall be deemed to have failed to attend that meeting. If
attendance by virtual attendance at a meeting is not permitted
and an appointed member fails to attend in person, the member
shall be deemed to have failed to attend that meeting. The
Secretary of State shall fill any vacancy by the appointment
of a member for the unexpired term of the member in the same
manner as in the making of original appointments. The Council
shall evenly divide its meetings between Chicago and
Springfield unless good cause exists to meet in one location

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over the other. If no final action is required under Section
2.01 of the Open Meetings Act, a member may participate in the
meeting by virtual presence.
(Source: P.A. 102-538, eff. 8-20-21; 102-904, eff. 1-1-23.)
Section 30. The Illinois Vehicle Code is amended by
changing Sections 5-102.7 and 6-902 as follows:
(625 ILCS 5/5-102.7)
Sec. 5-102.7. Dealer Recovery Trust Fund.
(a) The General Assembly finds that motor vehicle dealers
that go out of business without fulfilling agreements to pay
off the balance of their customers' liens on traded-in
vehicles cause financial harm to those customers by leaving
those customers liable for multiple vehicle loans and cause
harm to the integrity of the motor vehicle retailing industry.
It is the intent of the General Assembly to protect vehicle
purchasers by creating a Dealer Recovery Trust Fund to
reimburse these consumers.
(b) The Dealer Recovery Trust Fund shall be used solely
for the limited purpose of helping victims of dealership
closings. Any interest accrued by moneys in the Fund shall be
deposited and become part of the Dealer Recovery Trust Fund
and its purpose. The sole beneficiaries of the Dealer Recovery
Trust Fund are victims of dealership closings.
(c) Except where the context otherwise requires, the

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following words and phrases, when used in this Section, have
the meanings ascribed to them in this subsection (c):
"Applicant" means a person who applies for reimbursement
from the Dealer Recovery Trust Fund Board.
"Board" means the Dealer Recovery Trust Fund Board created
under this Section.
"Dealer" means a new vehicle dealer licensed under Section
5-101, a used vehicle dealer licensed under Section 5-102, or
a Buy Here, Pay Here used vehicle dealer licensed under
5-102.8, excepting a dealer who primarily sells mobile homes,
recreational vehicles, or trailers.
"Fund" means the Dealer Recovery Trust Fund created under
this Section.
"Fund Administrator" means the private entity, which shall
be appointed by the Board, that administers the Dealer
Recovery Trust Fund.
(d) Beginning October 1, 2011, each application or renewal
for a new vehicle dealer's license and each application or
renewal for a Buy Here, Pay Here used vehicle dealer licensed
under 5-102.8 or a used vehicle dealer's license shall be
accompanied by the applicable Annual Dealer Recovery Fund Fee
under Section 5-101 or 5-102 of this Code. The fee shall be in
addition to any other fees imposed under this Article, shall
be submitted at the same time an application or renewal for a
new vehicle dealer's license, used vehicle dealer's license,
or Buy Here, Pay Here used vehicle dealer is submitted, and

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shall be made payable to and remitted directly to the Dealer
Recovery Trust Fund, a trust fund outside of the State
Treasury which is hereby created. In addition, the Dealer
Recovery Trust Fund may accept any federal, State, or private
moneys for deposit into the Fund.
(e) The Fund Administrator shall maintain a list of all
dealers who have paid the fee under subsection (d) of this
Section for the current year, which shall be available to the
Secretary of State and the Board. The Secretary of State shall
revoke the dealer license of any dealer who does not pay the
fee imposed under subsection (d) of this Section. The
Secretary of State and the Fund Administrator may enter into
information sharing agreements as needed to implement this
Section.
(f) The Fund shall be audited annually by an independent
auditor who is a certified public accountant and who has been
selected by the Board. The independent auditor shall compile
an annual report, which shall be filed with the Board and shall
be a public record. The auditor shall be paid by the Fund,
pursuant to an order of the Board.
(g) The Fund shall be maintained by the Fund
Administrator, who shall keep current records of the amounts
deposited into the Fund and the amounts paid out of the Fund
pursuant to an order of the Board. These records shall be made
available to all members of the Board upon reasonable request
during normal business hours. The Fund Administrator shall

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report the balance in the Fund to the Board monthly, by the
15th day of each month. For purposes of determining the amount
available to pay claims under this Section at any meeting of
the Board, the Board shall use the Fund Administrator's most
recent monthly report. The Fund Administrator shall purchase
liability insurance to cover management of the Fund at a cost
not to exceed 2% of the balance in the Fund as of January 15th
of that year.
(h) In any year for which the balance in the Fund as of
August 31st is greater than $3,500,000, the Fund Administrator
shall notify the Secretary of State and the Secretary of State
shall suspend collection of the fee for the following year for
any dealer who has not had a claim paid from the Fund, has not
had his or her license suspended or revoked, and has not been
assessed any civil penalties under this Code during the 3
previous years.
(i) Moneys in the Dealer Recovery Trust Fund may be paid
from the Fund only as directed by a written order of the Board
and used only for the following purposes:
(i) to pay claims under a written order of the Board as
provided in this Section; or
(ii) to reimburse the Fund Administrator for its
expenses related to the administration of the Fund,
provided that the reimbursement to the Fund Administrator
in any year shall not exceed 2% of the balance in the Fund
as of January 15th of that year.

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(j) The Dealer Recovery Trust Fund Board is hereby
created. The Board shall consist of the Secretary of State, or
his or her designee, who shall serve as chair, the Attorney
General, or his or her designee, who shall serve as secretary,
and one person alternatively representing new and independent
Illinois automobile dealers, selected collectively by the
Attorney General, or his or her designee, and the Secretary of
State, or his or her designee. The Secretary of State may
propose procedures and employ personnel as necessary to
implement this Section. The Board shall meet quarterly, and as
needed, as directed by the chair. An appointed member who
fails to attend in person 2 consecutive Board meetings without
an excused absence shall no longer serve as a member. If
attendance by virtual attendance at a meeting is permitted
under this Section and an appointed member fails to attend
either in person or by virtual presence, the member shall be
deemed to have failed to attend that meeting. If attendance by
virtual attendance at a meeting is not permitted and an
appointed member fails to attend in person, the member shall
be deemed to have failed to attend that meeting. The Attorney
General or the Secretary of State shall fill any vacancy by the
appointment of a member for the unexpired term of the member in
the same manner as in the making of original appointments. The
Board shall evenly divide its meetings between Chicago and
Springfield unless good cause exists to meet in one location
over the other. If no final action is required under Section

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2.01 of the Open Meetings Act, a member may participate in the
meeting by virtual presence. The Board may not pay out any
claims before the balance deposited into the Fund exceeds
$500,000. Board meetings shall be open to the public. The
Board has the authority to take any action by at least a
two-thirds majority vote.
(k) The following persons may apply to the Board for
reimbursement from the Dealer Recovery Trust Fund:
(i) A retail customer who, on or after October 1,
2011, purchases a vehicle from a dealer who subsequently
files for bankruptcy or whose vehicle dealer's license is
subsequently revoked by the Secretary of State or
otherwise terminated and, as part of the purchase
transaction, trades in a vehicle with an outstanding lien
to the dealer if lien satisfaction was a condition of the
purchase agreement and the retail customer determines that
the lien has not been satisfied;
(ii) A retail customer who, on or after October 1,
2011, purchases a vehicle with an undisclosed lien from a
dealer who subsequently files for bankruptcy or whose
vehicle dealer's license is subsequently revoked by the
Secretary of State or otherwise terminated;
(iii) A dealer who, on or after October 1, 2011,
purchases a vehicle with an undisclosed lien from another
dealer who subsequently files for bankruptcy or whose
vehicle dealer's license is subsequently revoked by the

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Secretary of State or otherwise terminated.
(l) To be considered by the Board, an applicant must
submit his or her claim to the Board within 2 years after the
date of the transaction that gave rise to the claim.
(m) At each meeting of the Board, it shall consider all
claims that are properly submitted to it on forms prescribed
by the Secretary of State at least 30 days before the date of
the Board's meeting. Before the Board may consider a claim
against a dealer, it must make a written determination that
the dealer has filed for bankruptcy under the provisions of 11
U.S.C. Chapter 7; that the Secretary of State has revoked his
or her dealer's license; or that the license has been
otherwise terminated. Once the Board has made this
determination, it may consider the applicant's claim against
the dealer. If a two-thirds majority of the Board determines
that the dealer has committed a violation under subsection
(k), it shall grant the applicant's claim. Except as otherwise
provided in this Section, the maximum amount of any award for a
claim under paragraph (i) of subsection (k) of this Section
shall be equal to the amount of the unpaid balance of the lien
that the dealer agreed to pay off on behalf of the applicant as
shown on the bill of sale or the retail installment sales
contract. The maximum amount of any claim under paragraph (ii)
or (iii) of subsection (k) of this Section shall be equal to
the amount of the undisclosed lien. However, no award for a
claim under subsection (k) of this Section shall exceed

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$35,000.
(n) If the balance in the Fund at the time of any Board
meeting is less than the amount of the total amount of all
claims awarded at that meeting, then all awards made at that
meeting shall be reduced, pro rata, so that the amount of
claims does not exceed the balance in the Fund. Before it
reviews new claims, the Board shall issue written orders to
pay the remaining portion of any claims that were so reduced,
provided that the balance in the Fund is sufficient to pay
those claims.
(o) Whenever the balance of the Fund falls below $500,000,
the Board may charge dealers an additional assessment of up to
$50 to bring the balance to at least $500,000. Not more than
one additional assessment may be made against a dealer in any
12-month period.
(p) If the total amount of claims awarded against any
dealer exceeds 33% of the balance in the Fund, the Board may
permanently reduce the amount of those claims, pro rata, so
that those claims do not exceed 33% of the balance in the Fund.
(q) The Board shall issue a written order directing the
Fund Administrator to pay an applicant's claim to a secured
party where the Board has received a signed agreement between
the applicant and the secured party holding the lien. The
agreement must (i) state that the applicant and the secured
party agree to accept payment from the Fund to the secured
party as settlement in full of all claims against the dealer;

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and (ii) release the lien and the title, if applicable, to the
vehicle that was the subject of the claim. The written order
shall state the amount of the claim and the name and address of
the secured party to whom the claim shall be paid. The Fund
Administrator shall pay the claim within 30 days after it
receives the Board's order.
(r) No dealer or principal associated with a dealer's
license is eligible for licensure, renewal or relicensure
until the full amount of reimbursement for an unpaid claim,
plus interest as determined by the Board, is paid to the Fund.
Nothing in this Section shall limit the authority of the
Secretary of State to suspend, revoke, or levy civil penalties
against a dealer, nor shall full repayment of the amount owed
to the Fund nullify or modify the effect of any action by the
Secretary.
(s) Nothing in this Section shall limit the right of any
person to seek relief though civil action against any other
person as an alternative to seeking reimbursement from the
Fund.
(Source: P.A. 101-505, eff. 1-1-20.)
(625 ILCS 5/6-902) (from Ch. 95 1/2, par. 6-902)
Sec. 6-902. Driver's License Medical Advisory Board;
membership; terms; compensation; meetings.
(a) There is established within the Office of the
Secretary of State a Driver's License Medical Advisory Board

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consisting of at least 9 members appointed by the Secretary.
Members' terms of service shall be set by the Secretary at his
or her discretion. The members of the Board shall receive
compensation from the Secretary at a rate per day designated
by the Secretary for each day required for transacting
business of the Board and shall be reimbursed for expenses
reasonably incurred in the performance of their duties. The
Secretary may also call in allied medical personnel to advise
and consult with the Board. The Secretary shall select one of
the members to act as Chairperson.
(b) The Board, or any of its subdivisions, shall evenly
divide its meetings between Chicago and Springfield unless
good cause exists to meet in one location over the other may
meet at any place within the State and shall meet at the call
of the Secretary as frequently as he or she deems necessary in
order to properly discharge the functions prescribed by this
Act. If no final action is required under Section 2.01 of the
Open Meetings Act, a member may participate in the meeting by
virtual presence. A member who fails to attend in person 2
consecutive Board meetings without an excused absence shall no
longer serve as a member. The Secretary of State shall fill any
vacancy by the appointment of a member for the unexpired term
of the member in the same manner as in the making of original
appointments. If attendance by virtual attendance at a meeting
is permitted under this subsection and an appointed member
fails to attend either in person or by virtual presence, the

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member shall be deemed to have failed to attend that meeting.
If attendance by virtual attendance at a meeting is not
permitted and an appointed member fails to attend in person,
the member shall be deemed to have failed to attend that
meeting.
(Source: P.A. 87-1249.)
Section 35. The Court of Claims Act is amended by changing
Sections 6, 10, 13, 16, 21, and 22 as follows:
(705 ILCS 505/6) (from Ch. 37, par. 439.6)
Sec. 6. The court shall hold sessions at such places or
remotely as it deems necessary to expedite the business of the
court. The court may adopt administrative rules to provide for
remote participation and electronic filing in any proceeding
and for the conduct of any business of the court.
(Source: P.A. 90-492, eff. 8-17-97.)
(705 ILCS 505/10) (from Ch. 37, par. 439.10)
Sec. 10. (a) The judges, commissioners and the clerk of
the court may administer oaths and affirmations, take
acknowledgments of instruments in writing, and give
certificates of them.
(b) The clerk of the court is authorized to
administratively determine certain claims against the State if
the claim possesses all of the following characteristics:

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(1) The claim does not arise under an appropriation
for the current fiscal year.
(2) The State agency concerned concurs in the claim.
(3) The amount claimed does not exceed $2,500.
(4) The claim has been approved by the Attorney
General as one that, in view of the purposes of this Act,
should be paid.
The State agency concerned shall prepare the record of the
claim consisting of all papers, stipulations, and evidential
documents required by the rules of the court and file the same
with the clerk. The clerk shall consider the claim informally
upon the record submitted. If the clerk determines that the
claim should be entered as an approved claim and an award made,
the clerk shall so order and shall file a statement with the
court. If the clerk finds that the record is inadequate, or
that the claim should not be paid, the clerk shall reject the
claim. The rejection of a claim under this Section does not bar
its resubmission under the regular procedure.
(c) The judges, commissioners, and the clerk of the court
may conduct any activity of the court remotely.
(d) The Court of Claims may adopt administrative rules to
implement this Section.
(Source: Laws 1945, p. 660.)
(705 ILCS 505/13) (from Ch. 37, par. 439.13)
Sec. 13. Evidence. Any judge or commissioner of the court

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may sit at any place within the State to take evidence in any
case in the court. Any judge or commissioner may take evidence
remotely.
(Source: Laws 1945, p. 660.)
(705 ILCS 505/16) (from Ch. 37, par. 439.16)
Sec. 16. Concurrence of judges. Concurrence of 4 judges is
necessary to the decision of any case; provided, however, the
court in its discretion may assign any case to a commissioner
for hearing and final decision, subject to whatever right of
review the court by rule may choose to exercise. In matters
involving claims made with respect to lapsed appropriations or
the award of emergency funds under the Crime Victims
Compensation Act, the decision of only one judge is necessary
to award emergency funds.
(Source: P.A. 92-286, eff. 1-1-02.)
(705 ILCS 505/21) (from Ch. 37, par. 439.21)
Sec. 21. The court is authorized to impose, by uniform
rules, a fee of $15 for the filing of a petition in any case in
which the award sought is more than $50 and less than $1,000
and $35 in any case in which the award sought is $1,000 or
more; and to charge and collect for copies of opinions or other
documents filed in the Court of Claims such fees as may be
prescribed by the rules of the Court. All fees and charges so
collected shall be forthwith paid into the State Treasury.

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The court may determine the form and manner of all filing
fees and other charges due the court by administrative rule.
A petitioner who is a prisoner in an Illinois Department
of Corrections facility who files a pleading, motion, or other
filing that purports to be a legal document against the State,
the Illinois Department of Corrections, the Prisoner Review
Board, or any of their officers or employees in which the court
makes a specific finding that it is frivolous shall pay all
filing fees and court costs in the manner provided in Article
XXII of the Code of Civil Procedure.
In claims based upon lapsed appropriations or lost warrant
or in claims filed under the Line of Duty Compensation Act, the
Illinois National Guardsman's Compensation Act, or the Crime
Victims Compensation Act or in claims filed by medical vendors
for medical services rendered by the claimant to persons
eligible for Medical Assistance under programs administered by
the Department of Healthcare and Family Services, no filing
fee shall be required.
(Source: P.A. 95-331, eff. 8-21-07.)
(705 ILCS 505/22) (from Ch. 37, par. 439.22)
Sec. 22. Every claim cognizable by the court and not
otherwise sooner barred by law shall be forever barred from
prosecution therein unless it is filed with the clerk of the
court within the time set forth as follows:
(a) All claims arising out of a contract must be filed

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within 5 years after it first accrues, saving to minors,
and persons under legal disability at the time the claim
accrues, in which cases the claim must be filed within 5
years from the time the disability ceases.
(b) All claims cognizable against the State by vendors
of goods or services under the Illinois Public Aid Code
must be filed within one year after the accrual of the
cause of action, as provided in Section 11-13 of that
Code.
(c) All claims arising under paragraph (c) of Section
8 of this Act must be automatically heard by the court
within 120 days after the person asserting such claim is
either issued a certificate of innocence from the circuit
court as provided in Section 2-702 of the Code of Civil
Procedure, or is granted a pardon by the Governor,
whichever occurs later, without the person asserting the
claim being required to file a petition under Section 11
of this Act, except as otherwise provided by the Crime
Victims Compensation Act. Any claims filed by the claimant
under paragraph (c) of Section 8 of this Act must be filed
within 2 years after the person asserting such claim is
either issued a certificate of innocence as provided in
Section 2-702 of the Code of Civil Procedure, or is
granted a pardon by the Governor, whichever occurs later.
(d) All claims arising under paragraph (f) of Section
8 of this Act must be filed within the time set forth in

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Section 3 of the Line of Duty Compensation Act.
(e) All claims arising under paragraph (h) of Section
8 of this Act must be filed within one year of the date of
the death of the guardsman or militiaman as provided in
Section 3 of the Illinois National Guardsman's
Compensation Act.
(f) All claims arising under paragraph (g) of Section
8 of this Act must be filed within 5 years one year of the
crime on which a claim is based as provided in Section 6.1
of the Crime Victims Compensation Act.
(g) All claims arising from the Comptroller's refusal
to issue a replacement warrant pursuant to Section 10.10
of the State Comptroller Act must be filed within 5 years
after the date of the Comptroller's refusal.
(h) All other claims must be filed within 2 years
after it first accrues, saving to minors, and persons
under legal disability at the time the claim accrues, in
which case the claim must be filed within 2 years from the
time the disability ceases.
(i) The changes made by Public Act 86-458 apply to all
warrants issued within the 5-year period preceding August
31, 1989 (the effective date of Public Act 86-458). The
changes made to this Section by Public Act 100-1124 apply
to claims pending on November 27, 2018 (the effective date
of Public Act 100-1124) and to claims filed thereafter.
(j) All time limitations established under this Act

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and the rules promulgated under this Act shall be binding
and jurisdictional, except upon extension authorized by
law or rule and granted pursuant to a motion timely filed.
(Source: P.A. 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 40. The Uniform Real Property Electronic Recording
Act is amended by changing Section 5 as follows:
(765 ILCS 33/5)
Sec. 5. Administration and standards.
(a) To adopt standards to implement this Act, there is
established, within the Office of the Secretary of State, the
Illinois Electronic Recording Commission consisting of 17
commissioners as follows:
(1) The Secretary of State or the Secretary's designee
shall be a permanent commissioner.
(2) The Secretary of State shall appoint the following
additional 16 commissioners:
(A) Three who are from the land title profession.
(B) Three who are from lending institutions.
(C) One who is an attorney.
(D) Seven who are county recorders, no more than 4
of whom are from one political party, representative
of counties of varying size, geography, population,
and resources.
(E) Two who are licensed real estate brokers or

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managing brokers under the Real Estate License Act of
2000.
(3) On August 27, 2007 (the effective date of this
Act), the Secretary of State or the Secretary's designee
shall become the Acting Chairperson of the Commission. The
Secretary shall appoint the initial commissioners within
60 days and hold the first meeting of the Commission
within 120 days, notifying commissioners of the time and
place of the first meeting with at least 14 days' notice.
At its first meeting the Commission shall adopt, by a
majority vote, such rules and structure that it deems
necessary to govern its operations, including the title,
responsibilities, and election of officers. Once adopted,
the rules and structure may be altered or amended by the
Commission by majority vote. Upon the election of officers
and adoption of rules or bylaws, the duties of the Acting
Chairperson shall cease.
(4) The Commission shall meet at least once every year
within the State of Illinois. The time and place of
meetings to be determined by the Chairperson and approved
by a majority of the Commission.
(5) Nine commissioners shall constitute a quorum.
(6) Commissioners shall receive no compensation for
their services but may be reimbursed for reasonable
expenses at current rates in effect at the Office of the
Secretary of State, directly related to their duties as

HB5038 - 30 - LRB103 37106 MXP 67225 b
commissioners and participation at Commission meetings or
while on business or at meetings which have been
authorized by the Commission.
(7) Appointed commissioners shall serve terms of 3
years, which shall expire on December 1st. Five of the
initially appointed commissioners, including at least 2
county recorders, shall serve terms of one year, 5 of the
initially appointed commissioners, including at least 2
county recorders, shall serve terms of 2 years, and 4 of
the initially appointed commissioners shall serve terms of
3 years, to be determined by lot. Of the commissioners
appointed under subparagraph (E) of paragraph (2) of this
subsection, one of the initially appointed commissioners
shall serve a term of 2 years and one of the initially
appointed commissioners shall serve a term of 3 years, to
be determined by lot. The calculation of the terms in
office of the initially appointed commissioners shall
begin on the first December 1st after the commissioners
have served at least 6 months in office.
(8) The Chairperson shall declare a commissioner's
office vacant immediately after receipt of a written
resignation, death, a recorder commissioner no longer
holding the public office, or under other circumstances
specified within the rules adopted by the Commission,
which shall also by rule specify how and by what deadlines
a replacement is to be appointed.

HB5038 - 31 - LRB103 37106 MXP 67225 b
(9) An appointed commissioner who fails to attend in
person 2 consecutive Commission meetings without an
excused absence shall no longer serve as a commissioner.
If attendance by virtual attendance at a meeting is
permitted under this Section and an appointed commissioner
fails to attend either in person or by virtual presence,
the commissioner shall be deemed to have failed to attend
that meeting. If attendance by virtual attendance at a
meeting is not permitted and an appointed commissioner
fails to attend in person, the commissioner shall be
deemed to have failed to attend that meeting. The
Secretary of State shall fill any vacancy by the
appointment of a commissioner for the unexpired term of
the member in the same manner as in the making of original
appointments.
(10) The Commission shall evenly divide its meetings
between Chicago and Springfield unless good cause exists
to meet in one location over the other.
(11) If no final action is required under Section 2.01
of the Open Meetings Act, a commissioner may participate
in the meeting by virtual presence.
(b) (Blank).
(c) The Commission shall adopt and transmit to the
Secretary of State standards to implement this Act and shall
be the exclusive entity to set standards for counties to
engage in electronic recording in the State of Illinois.

HB5038 - 32 - LRB103 37106 MXP 67225 b
(d) To keep the standards and practices of county
recorders in this State in harmony with the standards and
practices of recording offices in other jurisdictions that
enact substantially this Act and to keep the technology used
by county recorders in this State compatible with technology
used by recording offices in other jurisdictions that enact
substantially this Act, the Commission, so far as is
consistent with the purposes, policies, and provisions of this
Act, in adopting, amending, and repealing standards shall
consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national
standard-setting bodies, such as the Property Records
Industry Association;
(3) the views of interested persons and governmental
officials and entities;
(4) the needs of counties of varying size, population,
and resources; and
(5) standards requiring adequate information security
protection to ensure that electronic documents are
accurate, authentic, adequately preserved, and resistant
to tampering.
(e) The Commission shall review the statutes related to
real property and the statutes related to recording real
property documents and shall recommend to the General Assembly
any changes in the statutes that the Commission deems

HB5038 - 33 - LRB103 37106 MXP 67225 b
necessary or advisable.
(f) Funding. The Secretary of State may accept for the
Commission, for any of its purposes and functions, donations,
gifts, grants, and appropriations of money, equipment,
supplies, materials, and services from the federal government,
the State or any of its departments or agencies, a county or
municipality, or from any institution, person, firm, or
corporation. The Commission may authorize a fee payable by
counties engaged in electronic recording to fund its expenses.
Any fee shall be proportional based on county population or
number of documents recorded annually. On approval by a county
recorder of the form and amount, a county board may authorize
payment of any fee out of the special fund it has created to
fund document storage and electronic retrieval, as authorized
in Section 3-5018 of the Counties Code. Any funds received by
the Office of the Secretary of State for the Commission shall
be used entirely for expenses approved by and for the use of
the Commission.
(g) The Secretary of State shall provide administrative
support to the Commission, including the preparation of the
agenda and minutes for Commission meetings, distribution of
notices and proposed rules to commissioners, payment of bills
and reimbursement for expenses of commissioners.
(h) Standards and rules adopted by the Commission shall be
delivered to the Secretary of State. Within 60 days, the
Secretary shall either promulgate by rule the standards

HB5038 - 34 - LRB103 37106 MXP 67225 b
adopted, amended, or repealed or return them to the
Commission, with findings, for changes. The Commission may
override the Secretary by a three-fifths vote, in which case
the Secretary shall publish the Commission's standards.
(Source: P.A. 99-662, eff. 1-1-17; 100-201, eff. 8-18-17.)
Section 45. The Motor Vehicle Franchise Act is amended by
changing Section 16 as follows:
(815 ILCS 710/16)
Sec. 16. Motor Vehicle Review Board; Appointment. The
Secretary of State shall, within 6 months of the effective
date of this Act, establish a Motor Vehicle Review Board. The
Motor Vehicle Review Board shall be composed of 7 members
appointed by the Secretary of State. The members shall
represent the public interest at large and shall not have
engaged in the sale, manufacture, or distribution of motor
vehicles at retail in this State. Each member of the Board
shall receive compensation as provided in the regulations for
performance of the duties of the office, and in addition,
shall be paid all travel and other necessary expenses incurred
while performing official duties. Terms of office of the
members shall be for 3 years, except that, of the members first
appointed to take office after the effective date of this
amendatory Act of 1995, 2 shall be appointed for a 3-year term,
and one shall be appointed for a 2-year term. Of the members

HB5038 - 35 - LRB103 37106 MXP 67225 b
first appointed under this amendatory Act of 1996, one shall
be appointed to a 3-year term, and one shall be appointed to a
2-year term. Of the members first appointed to take office
after the effective date of this amendatory Act of the 91st
General Assembly, one shall be appointed to a 3-year term and
one shall be appointed to a 2-year term. Thereafter, each
member shall be appointed for a 3-year term. As terms of
appointment expire, members shall serve until their respective
successors are appointed and qualified. No more than 4 members
of the Board may be of the same political party. A member who
tenders a written resignation shall serve only until the
resignation is accepted by the Chairperson. A member who fails
to attend in person 2 3 consecutive Board meetings without an
excused absence shall no longer serve as a member. If
attendance by virtual attendance at a meeting is permitted
under this Section and an appointed member fails to attend
either in person or by virtual presence, the member shall be
deemed to have failed to attend that meeting. If attendance by
virtual attendance at a meeting is not permitted and an
appointed member fails to attend in person, the member shall
be deemed to have failed to attend that meeting. The Secretary
of State shall fill any vacancy by the appointment of a member
for the unexpired term of the member in the same manner as in
the making of original appointments. Annually, the Board shall
organize by selecting a Chairperson from one of the 7 members
from the public at large. The Board shall evenly divide its

HB5038 - 36 - LRB103 37106 MXP 67225 b
meetings between Chicago and Springfield unless good cause
exists to meet in one location over the other. If no final
action is required under Section 2.01 of the Open Meetings
Act, a member may participate in the meeting by virtual
presence.
(Source: P.A. 91-798, eff. 7-9-00.)
HB5038 - 37 - LRB103 37106 MXP 67225 b
INDEX
Statutes amended in order of appearance