Text of IL HB 1083 (2025)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1083 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 750 ILCS 65/1 from Ch. 40, par. 1001 750 ILCS 65/2 from Ch. 40, par. 1002 750 ILCS 65/5 from Ch. 40, par. 1005 750 ILCS 65/9 from Ch. 40, par. 1009 750 ILCS 65/10 from Ch. 40, par. 1010 750 ILCS 65/11 from Ch. 40, par. 1011 750 ILCS 65/12 from Ch. 40, par. 1012 750 ILCS 65/13 from Ch. 40, par. 1013 750 ILCS 65/14 from Ch. 40, par. 1014 750 ILCS 65/15 from Ch. 40, par. 1015 750 ILCS 65/16 from Ch. 40, par. 1016 750 ILCS 65/17 from Ch. 40, par. 1017 750 ILCS 65/22 from Ch. 40, par. 1022 750 ILCS 75/10 765 ILCS 5/19 from Ch. 30, par. 18 765 ILCS 5/27 from Ch. 30, par. 26 765 ILCS 1005/1 from Ch. 76, par. 1 765 ILCS 1005/1c from Ch. 76, par. 1c Amends the Illinois Religious Freedom Protection and Civil Unions Act, the Conveyances Act, the Joint Tenancy Act, and the Rights of Married Persons Act. Inserts gender neutral descriptions showing marital status. LRB104 06306 JRC 16341 b A BILL FOR HB1083LRB104 06306 JRC 16341 b 1 AN ACT concerning property. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Rights of Married Persons Act is amended by 5changing Sections 1, 2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 6and 22 as follows: 7 (750 ILCS 65/1) (from Ch. 40, par. 1001) 8 Sec. 1. Rights to sue and be sued. A married person may, in 9all cases, sue and be sued without joining his or her spouse as 10if unmarried. Either spouse A husband or wife may sue the other 11for a tort committed during the marriage. No finding by any 12court under Section 401 of the Illinois Marriage and 13Dissolution of Marriage Act shall be admissible or be used as 14prima facie evidence of a tort in any civil action brought 15under this Act. An attachment or judgment in an action may be 16enforced by or against a married person as if unmarried. 17(Source: P.A. 87-286.) 18 (750 ILCS 65/2) (from Ch. 40, par. 1002) 19 Sec. 2. Defending in own right or for other. If a married 20couple husband and wife are sued together, either may defend 21for his or her own right and, if either neglects to defend, the 22other may defend for both. HB1083- 2 -LRB104 06306 JRC 16341 b 1(Source: P.A. 87-286.) 2 (750 ILCS 65/5) (from Ch. 40, par. 1005) 3 Sec. 5. Neither spouse in a marriage husband or wife shall 4be liable for the debts or liabilities of the other incurred 5before marriage, and (except as herein otherwise provided) 6they shall not be liable for the separate debts of each other, 7nor shall the wages, earnings or property of either, nor the 8rent or income of such property, be liable for the separate 9debts of the other. 10(Source: R.S. 1874, p. 576.) 11 (750 ILCS 65/9) (from Ch. 40, par. 1009) 12 Sec. 9. Property. A married person may own in his or her 13own right real and personal property obtained by descent, 14gift, or purchase and may manage, sell, and convey that 15property to the same extent and in the same manner as an 16unmarried person. When the spouses husband and wife live 17together, however, no transfer or conveyance of goods and 18chattels between the spouses husband and wife shall be valid 19as against the rights and interests of any third person unless 20the transfer or conveyance is in writing and filed in the same 21manner as security interests are required to be filed by the 22laws of this State in cases where the possession of the 23property is to remain with the person giving the security. 24(Source: P.A. 87-286.) HB1083- 3 -LRB104 06306 JRC 16341 b 1 (750 ILCS 65/10) (from Ch. 40, par. 1010) 2 Sec. 10. Should either spouse the husband or wife 3unlawfully obtain or retain possession or control of property 4belonging to the other, either before or after marriage, the 5owner of the property may maintain an action therefor, or for 6any right growing out of the same, in the same manner and to 7the same extent as if they were unmarried. 8(Source: R.S. 1874, p. 576.) 9 (750 ILCS 65/11) (from Ch. 40, par. 1011) 10 Sec. 11. In case one spouse the husband or wife abandons 11the other and leaves the state, and is absent therefrom for one 12year, without providing for the maintenance and support of his 13or her family, or is imprisoned in the penitentiary, the 14circuit court in the county where the abandoned spouse or the 15spouse who is the husband or wife so abandoned or, not 16confined, resides, may, on application by petition, setting 17forth fully the facts, if the court is satisfied of the 18necessity by the evidence, authorize him or her to manage, 19control, sell or incumber the property of the other, as shall 20be necessary, in the judgment of the court, for the support and 21maintenance of the family, and for the purpose of paying debts 22of the other, or debts contracted for the support of the 23family. Notice of such proceedings shall be given as in other 24civil actions, and anything done under or by virtue of the HB1083- 4 -LRB104 06306 JRC 16341 b 1order or judgment of the court, shall be valid to the same 2extent as if the same were done by the party owning the 3property. 4(Source: P.A. 84-1308.) 5 (750 ILCS 65/12) (from Ch. 40, par. 1012) 6 Sec. 12. All contracts, sales or incumbrances made by one 7spouse to a marriage either the husband or wife, by virtue of 8the power contemplated in the preceding section, shall be 9binding on both, and during such absence or confinement, the 10person acting under such power may sue and be sued thereon; and 11for all acts done the property of both shall be liable, and 12execution may be levied or attachment issued accordingly. No 13suit or proceeding shall abate, or be in anywise affected, by 14the return or release of the person absent or confined, but he 15or she shall be permitted to prosecute or defend jointly with 16the other. 17(Source: R.S. 1874, p. 576.) 18 (750 ILCS 65/13) (from Ch. 40, par. 1013) 19 Sec. 13. The spouse husband or wife affected by the 20proceedings contemplated in the 2 preceding sections may have 21the order or judgment of the court set aside or annulled, by 22filing a petition therefor and serving a notice on the person 23in whose favor the same was granted, as in other civil actions. 24But the setting aside of such judgment or order shall in nowise HB1083- 5 -LRB104 06306 JRC 16341 b 1affect any act done thereunder. 2(Source: P.A. 84-1308.) 3 (750 ILCS 65/14) (from Ch. 40, par. 1014) 4 Sec. 14. Either spouse A husband or wife may constitute 5the other as his or her attorney in fact, to control and 6dispose of his or her property for their mutual benefit or 7otherwise, and may revoke the same to the same extent and in 8the same manner as other persons. 9(Source: R.S. 1874, p. 576.) 10 (750 ILCS 65/15) (from Ch. 40, par. 1015) 11 Sec. 15. (a)(1) The expenses of the family and of the 12education of the children shall be chargeable upon the 13property of both spouses husband and wife, or of either of 14them, in favor of creditors therefor, and in relation thereto 15they may be sued jointly or separately. 16 (2) No creditor, who has a claim against a spouse or former 17spouse for an expense incurred by that spouse or former spouse 18which is not a family expense, shall maintain an action 19against the other spouse or former spouse for that expense 20except: 21 (A) an expense for which the other spouse or former 22 spouse agreed, in writing, to be liable; or 23 (B) an expense for goods or merchandise purchased by 24 or in the possession of the other spouse or former spouse, HB1083- 6 -LRB104 06306 JRC 16341 b 1 or for services ordered by the other spouse or former 2 spouse. 3 (3) Any creditor who maintains an action in violation of 4this subsection (a) for an expense other than a family expense 5against a spouse or former spouse other than the spouse or 6former spouse who incurred the expense, shall be liable to the 7other spouse or former spouse for his or her costs, expenses 8and attorney's fees incurred in defending the action. 9 (4) No creditor shall, with respect to any claim against a 10spouse or former spouse for which the creditor is prohibited 11under this subsection (a) from maintaining an action against 12the other spouse or former spouse, engage in any collection 13efforts against the other spouse or former spouse, including, 14but not limited to, informal or formal collection attempts, 15referral of the claim to a collector or collection agency for 16collection from the other spouse or former spouse, or making 17any representation to a credit reporting agency that the other 18spouse or former spouse is any way liable for payment of the 19claim. 20 (b) (Blank). 21 (c) (Blank). 22(Source: P.A. 101-13, eff. 6-12-19.) 23 (750 ILCS 65/16) (from Ch. 40, par. 1016) 24 Sec. 16. Neither spouse the husband nor wife can remove 25the other or their children from their homestead without the HB1083- 7 -LRB104 06306 JRC 16341 b 1consent of the other, unless the owner of the property shall, 2in good faith, provide another homestead suitable to the 3condition in life of the family; and if one spouse abandons the 4other, the abandoned spouse he abandons her, she is entitled 5to the custody of their minor children, unless a court of 6competent jurisdiction, upon application for that purpose, 7shall otherwise direct. 8(Source: R.S. 1874, p. 576.) 9 (750 ILCS 65/17) (from Ch. 40, par. 1017) 10 Sec. 17. When one spouse the husband or wife is under legal 11disability and therefore incapable of executing a deed or 12mortgage, and relinquishing or conveying his or her right to 13homestead in the real property of the other, such other person 14may present his or her petition to the circuit court in the 15county where the petitioner resides, or where the real estate 16to be affected is situated, setting forth the facts, and 17particularly describing the real estate sought to be conveyed 18or mortgaged, and asking for an order authorizing the 19petitioner, or some other person, to execute a deed or 20mortgage for the person who is under legal disability, and 21thereby relinquish his or her right of homestead in the real 22estate. 23(Source: P.A. 83-706.) 24 (750 ILCS 65/22) (from Ch. 40, par. 1022) HB1083- 8 -LRB104 06306 JRC 16341 b 1 Sec. 22. Nothing in this Act abolishes or prevents the 2creation and enjoyment of the estate of tenancy by the 3entirety with respect to any devise, conveyance, assignment, 4or other transfer of property, including a beneficial interest 5in a land trust, maintained or intended for maintenance as a 6homestead by both spouses married to each other together 7during marriage husband and wife during coverture made or 8executed on or after October 1, 1990. 9 This amendatory Act of 1995 is declarative of existing 10law. 11(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95.) 12 Section 10. The Illinois Religious Freedom Protection and 13Civil Union Act is amended by changing Section 10 as follows: 14 (750 ILCS 75/10) 15 Sec. 10. Definitions. As used in this Act: 16 "Certificate" means a document that certifies that the 17persons named on the certificate have established a civil 18union in this State in compliance with this Act. 19 "Civil union" means a legal relationship between 2 20persons, of either the same or opposite sex, established 21pursuant to this Act. 22 "Department" means the Department of Public Health. 23 "Officiant" means the person authorized to certify a civil 24union in accordance with Section 40. HB1083- 9 -LRB104 06306 JRC 16341 b 1 "Party to a civil union" means a person who has 2established a civil union pursuant to this Act. "Party to a 3civil union" means, and shall be included in, any definition 4or use of the terms "spouse", "family", "immediate family", 5"dependent", "next of kin", "marriage", "married", "married to 6each other", "husband", "wife", "bride", "groom", "wedlock", 7and other terms that refer to or denote the spousal 8relationship, as those terms are used throughout the law, 9regardless of whether the parties to a civil union are of the 10same sex or different sexes. 11(Source: P.A. 96-1513, eff. 6-1-11.) 12 Section 15. The Conveyances Act is amended by changing 13Sections 19 and 27 as follows: 14 (765 ILCS 5/19) (from Ch. 30, par. 18) 15 Sec. 19. The acknowledgment or proof of any deed, 16mortgage, conveyance, power of attorney, or other writing of 17or relating to the sale, conveyance, or other disposition of 18lands or real estate, or any interest therein, by a married 19person woman, may be made and certified the same as if that 20person was unmarried she were a feme sole, and shall have the 21same effect. 22(Source: P.A. 77-435.) 23 (765 ILCS 5/27) (from Ch. 30, par. 26) HB1083- 10 -LRB104 06306 JRC 16341 b 1 Sec. 27. No deed or other instrument shall be construed as 2releasing or waiving the right of homestead, unless the same 3shall contain a clause expressly releasing or waiving such 4right. And no release or waiver of the right of homestead by 5one spouse the husband or wife shall bind the other spouse 6unless such other spouse joins in such release or waiver. 7(Source: P.A. 80-346.) 8 Section 20. The Joint Tenancy Act is amended by changing 9Sections 1 and 1c as follows: 10 (765 ILCS 1005/1) (from Ch. 76, par. 1) 11 Sec. 1. No estate in joint tenancy in any lands, tenements 12or hereditaments, or in any parts thereof or interest therein, 13shall be held or claimed under any grant, legacy or conveyance 14whatsoever heretofore or hereafter made, other than to 15executors and trustees, unless the premises therein mentioned 16shall expressly be thereby declared to pass not in tenancy in 17common but in joint tenancy; and every such estate other than 18to executors and trustees (unless otherwise expressly declared 19as aforesaid, or unless, as to a devise or conveyance of 20homestead property, expressly declared to pass to individuals 21married to each other a husband and wife as tenants by the 22entirety in the manner provided by Section 1c), shall be 23deemed to be in tenancy in common and all conveyances 24heretofore made, or which hereafter may be made, wherein the HB1083- 11 -LRB104 06306 JRC 16341 b 1premises therein mentioned were or shall be expressly declared 2to pass not in tenancy in common but in joint tenancy, are 3hereby declared to have created an estate in joint tenancy 4with the accompanying right of survivorship the same as it 5existed prior to the passage of "An Act to amend Section 1 of 6an Act entitled: 'An Act to revise the law in relation to joint 7rights and obligations,' approved February 25, 1874, in force 8July 1, 1874," approved June 26, 1917. 9(Source: P.A. 86-966.) 10 (765 ILCS 1005/1c) (from Ch. 76, par. 1c) 11 Sec. 1c. Whenever a devise, conveyance, assignment, or 12other transfer of property, including a beneficial interest in 13a land trust, maintained or intended for maintenance as a 14homestead shall be made by both spouses during marriage or a 15civil union husband and wife together during coverture shall 16be made and the instrument of devise, conveyance, assignment, 17or transfer expressly declares that the devise or conveyance 18is made to tenants by the entirety, or if the beneficial 19interest in a land trust is to be held as tenants by the 20entirety, the estate created shall be deemed to be in tenancy 21by the entirety. Where the homestead is held in the name or 22names of a trustee or trustees of a revocable inter vivos trust 23or of revocable inter vivos trusts made by the settlors of such 24trust or trusts who are married to each other or in a civil 25union husband and wife, and the spouses husband and wife are HB1083- 12 -LRB104 06306 JRC 16341 b 1the primary beneficiaries of one or both of the trusts so 2created, and the deed or deeds conveying title to the 3homestead to the trustee or trustees of the trust or trusts 4specifically state that the interests of both spouses the 5husband and wife to the homestead property are to be held as 6tenants by the entirety, the estate created shall be deemed to 7be a tenancy by the entirety. Subject to the provisions of 8paragraph (d) of Section 2 and unless otherwise assented to in 9writing by both tenants by the entirety, the estate in tenancy 10by the entirety so created shall exist only if, and as long as, 11the tenants are and remain married to each other, and upon the 12death of either such tenant the survivor shall retain the 13entire estate; provided that, upon a judgment of dissolution 14of marriage or of declaration of invalidity of marriage, the 15estate shall, by operation of law, become a tenancy in common 16until and unless the court directs otherwise; provided further 17that the estate shall, by operation of law, become a joint 18tenancy upon the creation and maintenance by both spouses 19together of other property as a homestead. A devise, 20conveyance, assignment, or other transfer to 2 grantees who 21are not in fact married to each other or in a civil union 22husband and wife that purports to create an estate by the 23entirety shall be construed as having created an estate in 24joint tenancy. An estate in tenancy by the entirety may be 25created notwithstanding the fact that a grantor is or the 26grantors are also named as a grantee or the grantees in a deed. HB1083- 13 -LRB104 06306 JRC 16341 b 1No deed, contract for deed, mortgage, or lease of homestead 2property held in tenancy by the entirety shall be effective 3unless signed by both tenants. This Section shall not apply to 4nor operate to change the effect of any devise or conveyance. 5 This amendatory Act of the 104th General Assembly and the 6This amendatory Act of 1995 are is declarative of existing 7law. 8(Source: P.A. 96-1145, eff. 1-1-11.)

HB1083 EnrolledLRB104 06306 JRC 16341 b 1 AN ACT concerning property. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Downstate Forest Preserve District Act is 5amended by changing Sections 3a, 3c, 3d, and 12 as follows: 6 (70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305) 7 Sec. 3a. Except as otherwise provided in this Section, and 8except as provided in Section 3c, 3d, and 3.5, the affairs of 9the district shall be managed by a board of commissioners 10consisting of 5 commissioners, who shall be appointed by the 11presiding officer of the county board of the county in which 12such forest preserve district is situated, with the advice and 13consent of such county board. The first appointment shall be 14made within 90 days and not sooner than 60 days after such 15forest preserve district has been organized as provided 16herein. Each member of such board so appointed shall be a legal 17voter in such district. The first commissioners shall be 18appointed to hold office for terms of one, 2, 3, 4, and 5 19years, and until June 30 thereafter, respectively, as 20determined and fixed by lot. Thereafter, successor 21commissioners shall be appointed in the same manner no later 22than the first day of the month in which the term of a 23commissioner expires. Except as provided in Section 3c and 3d, HB1083 Enrolled- 2 -LRB104 06306 JRC 16341 b 1a vacancy occurring otherwise than by expiration of term shall 2be filled for the unexpired term by appointment of a 3commissioner by the county board chairman with the advice and 4consent of the members of the county board. In the one district 5in existence on July 1, 1977, that is managed by an appointed 6board of commissioners, the incumbent 5 commissioners shall 7complete their respective terms as originally prescribed in 8this Act. However, upon the expiration of the terms of 2 of the 9incumbent commissioners on January 1, 1978, they or their 10successors shall be appointed to hold office for terms of 3 and 115 years, and until June 30 thereafter, respectively, as 12determined and fixed by lot. Furthermore, upon the expiration 13of the terms of the remaining incumbent commissioners on 14January 1, 1980, they or their successors shall be appointed 15to hold office for terms of 2, 4, and 5 years, and until June 1630 thereafter, respectively, as determined and fixed by lot. 17Thereafter, each successor commissioner shall be appointed for 18a term of 5 years. Each member of the board before entering 19upon the duties of the his office shall take the oath 20prescribed by the constitution. From the time of the 21appointment of the first board of commissioners, such forest 22preserve district shall be construed in all courts to be a body 23corporate and politic by the name and style determined as 24aforesaid and by such name may sue and be sued, contract and be 25contracted with, acquire and hold real and personal estate 26necessary for its corporate purposes and adopt a seal and HB1083 Enrolled- 3 -LRB104 06306 JRC 16341 b 1alter the same at its pleasure. 2 In case the boundaries of a district are co-extensive with 3the boundaries of any county, city, village, incorporated town 4or sanitary district, the corporate authorities of such county 5(until the commissioners elected under Section 3c and 3d take 6office), city, village, incorporated town or sanitary district 7shall have and exercise the powers and privileges and perform 8the duties and functions of the commissioners provided for in 9this Act and in that case no commissioner shall be appointed 10for that district. The corporate authorities, other than 11members of a county board in counties under township 12organization having a population of less than 3,000,000 and 13members of a county board in a county not under township 14organization who were elected prior to July 1, 1965, shall act 15without any other pay than that already provided by law. The 16members of a county board of a county under township 17organization and members of a county board of a county not 18under township organization who were elected prior to July 1, 191965, who also act as commissioners of a forest preserve 20district in counties having a population of less than 213,000,000 may receive for their services as commissioners of a 22forest preserve district a per diem fee to be fixed by such 23board, but not to exceed $36 per day, which shall be in full 24for all services rendered on such day, or an annual salary to 25be fixed by such board, but not to exceed $3,000, plus mileage 26expenses at a rate not more than the amount allowed for members HB1083 Enrolled- 4 -LRB104 06306 JRC 16341 b 1of the county board of such county, as fixed by the board, for 2each mile necessarily traveled in attending meetings of the 3board of such district, plus any expense incurred while, or in 4connection with, carrying out the business of such district 5outside the boundaries of such district, payable from the 6forest preserve district treasury. The president of the Board 7of Commissioners of the Forest Preserve District in counties 8of less than 3 million may receive in lieu of a per diem fee an 9annual salary to be fixed by such board. No Forest Preserve 10Commissioner shall file for a per diem payment for services 11rendered on the same day for which the commissioner he filed 12for a per diem payment as a county supervisor. When the county 13board also acts as such commissioners, a member of the county 14board of a county under township organization and a member of 15the county board of a county not under township organization, 16who is elected prior to July 1, 1965 may, with the permission 17of the county board, work alone as such a commissioner and be 18paid in the usual manner. 19 Unless otherwise qualified, the term "board", when used in 20this Act, means the board of commissioners of any forest 21preserve district, or the corporate authorities of any county, 22city, village, incorporated town, or sanitary district, when 23acting as the governing body of a forest preserve district. 24(Source: P.A. 96-239, eff. 8-11-09.) 25 (70 ILCS 805/3c) HB1083 Enrolled- 5 -LRB104 06306 JRC 16341 b 1 Sec. 3c. Elected board of commissioners in certain 2counties. If the boundaries of a district are co-extensive 3with the boundaries of a county having a population of more 4than 800,000 but less than 3,000,000, all commissioners of the 5forest preserve district shall be elected from the number of 6districts as determined by the forest preserve district board 7of commissioners. Such a forest preserve district is a 8separate and distinct legal entity, and its board members are 9elected separate and apart from the elected county 10commissioners. Upon its formation, or as a result of decennial 11reapportionment, such a forest preserve district shall adopt a 12district map determining the boundary lines of each district. 13That map shall be adjusted and reapportioned subject to the 14same decennial reapportionment process stated in Section 3c-1. 15No more than one commissioner shall be elected from each 16district. At their first meeting after election in 2022 and at 17their first meeting after election next following each 18subsequent decennial reapportionment of the county under 19Section 3c-1, the elected commissioners shall publicly, by 20lot, divide themselves into 2 groups, as equal in size as 21possible. Commissioners from the first group shall serve for 22terms of 2, 4, and 4 years, and commissioners from the second 23group shall serve terms of 4, 4, and 2 years. The president of 24the board of commissioners of the forest preserve district 25shall be elected by the voters of the county, rather than by 26the commissioners. The president shall be a resident of the HB1083 Enrolled- 6 -LRB104 06306 JRC 16341 b 1county and shall be elected throughout the county for a 4-year 2term without having been first elected as commissioner of the 3forest preserve district. Each commissioner shall be a 4resident of the forest preserve board district from which the 5commissioner he or she was elected not later than the date of 6the commencement of the term of office. The term of office for 7the president and commissioners elected under this Section 8shall commence on the first Monday of the month following the 9month of election. Neither a commissioner nor the president of 10the board of commissioners of that forest preserve district 11shall serve simultaneously as member or chairman of the county 12board. No person shall seek election to both the forest 13preserve commission and the county board at the same election, 14nor shall they be eligible to hold both offices at the same 15time. The president, with the advice and consent of the board 16of commissioners shall appoint a secretary, treasurer, and 17such other officers as deemed necessary by the board of 18commissioners, which officers need not be members of the board 19of commissioners. The president shall have the powers and 20duties as specified in Section 12 of this Act. 21 Candidates for president and commissioner shall be 22candidates of established political parties. 23 If a vacancy in the office of president or commissioner 24occurs, other than by expiration of the president's or 25commissioner's term, the forest preserve district board of 26commissioners shall declare that a vacancy exists and HB1083 Enrolled- 7 -LRB104 06306 JRC 16341 b 1notification of the vacancy shall be given to the county 2central committee of each established political party within 3 3business days after the occurrence of the vacancy. If the 4vacancy occurs in the office of forest preserve district 5commissioner, the president of the board of commissioners 6shall, within 60 days after the date of the vacancy, with the 7advice and consent of other commissioners then serving, 8appoint a person to serve for the remainder of the unexpired 9term. The appointee shall be affiliated with the same 10political party as the commissioner in whose office the 11vacancy occurred and be a resident of such district. If a 12vacancy in the office of president occurs, other than by 13expiration of the president's term, the remaining members of 14the board of commissioners shall, within 60 days after the 15vacancy, appoint one of the commissioners to serve as 16president for the remainder of the unexpired term. In that 17case, the office of the commissioner who is appointed to serve 18as president shall be deemed vacant and shall be filled within 1960 days by appointment of the president with the advice and 20consent of the other forest preserve district commissioners. 21The commissioner who is appointed to fill a vacancy in the 22office of president shall be affiliated with the same 23political party as the person who occupied the office of 24president prior to the vacancy. A person appointed to fill a 25vacancy in the office of president or commissioner shall 26establish the appointee's his or her party affiliation by the HB1083 Enrolled- 8 -LRB104 06306 JRC 16341 b 1appointee's his or her record of voting in primary elections 2or by holding or having held an office in an established 3political party organization before the appointment. If the 4appointee has not voted in a party primary election or is not 5holding or has not held an office in an established political 6party organization before the appointment, the appointee shall 7establish the appointee's his or her political party 8affiliation by the appointee's his or her record of 9participating in an established political party's nomination 10or election caucus. If, however, more than 28 months remain in 11the unexpired term of a commissioner or the president, the 12appointment shall be until the next general election, at which 13time the vacated office of commissioner or president shall be 14filled by election for the remainder of the term. 15Notwithstanding any law to the contrary, if a vacancy occurs 16after the last day provided in Section 7-12 of the Election 17Code for filing nomination papers for the office of president 18of a forest preserve district where that office is elected as 19provided for in this Section, or as set forth in Section 7-61 20of the Election Code, a vacancy in nomination shall be filled 21by the passage of a resolution by the nominating committee of 22the affected political party within the time periods specified 23in the Election Code. The nominating committee shall consist 24of the chairman of the county central committee and the 25township chairmen of the affected political party. All other 26vacancies in nomination shall be filled in accordance with the HB1083 Enrolled- 9 -LRB104 06306 JRC 16341 b 1provisions of the Election Code. 2 The president and commissioners elected under this Section 3may be reimbursed for their reasonable expenses actually 4incurred in performing their official duties under this Act in 5accordance with the provisions of Section 3a. The 6reimbursement paid under this Section shall be paid by the 7forest preserve district. 8 Compensation for the president and the forest preserve 9commissioners elected under this Section shall be established 10by the board of commissioners of the forest preserve district. 11 This Section does not apply to a forest preserve district 12created under Section 18.5 of the Conservation District Act. 13(Source: P.A. 102-668, eff. 11-15-21; 103-600, eff. 7-1-24.) 14 (70 ILCS 805/3d) 15 Sec. 3d. Elected board of commissioners in certain other 16counties. If the boundaries of a district are co-extensive 17with the boundaries of a county having a population of more 18than 200,000 but less than 800,000, bordering the State of 19Wisconsin but not adjoining any county with a population of 20over 2,000,000, all commissioners of the forest preserve 21district shall be elected at large by the voters of the county, 22beginning with the general election held in 2010 and each 23succeeding general election. Nomination of candidates for the 24office of commissioner at the initial and each succeeding 25election shall be made by petition signed in the aggregate for HB1083 Enrolled- 10 -LRB104 06306 JRC 16341 b 1each candidate by not less than 100 qualified voters of the 2forest preserve district. Seven commissioners shall be 3elected, with candidates receiving the highest, 4second-highest, and third-highest number of votes being 5elected for 6-year terms. Candidates receiving the 6fourth-highest and fifth-highest number of votes shall be 7elected for 4-year terms. Candidates receiving the 8sixth-highest and seventh-highest number of votes shall be 9elected for 2-year terms. Thereafter, each commissioner shall 10be elected for a 6-year term. 11 After each general election, the forest preserve district 12commissioners shall elect a president from among their members 13for a 2-year term. 14 Each commissioner shall be a resident of the county from 15which the commissioner he or she was elected no later than the 16date of the commencement of the term of office. The term of 17office for the president and commissioners elected under this 18Section shall commence on the first Monday of the month 19following the month of election. 20 Neither a commissioner nor the president of the board of 21commissioners shall serve simultaneously in any other elective 22or appointive office in the county. The president, with the 23advice and consent of the board of commissioners, shall 24appoint a secretary, treasurer, and any other officer deemed 25necessary by the board of commissioners. The officers need not 26be members of the board of commissioners. The president shall HB1083 Enrolled- 11 -LRB104 06306 JRC 16341 b 1have the powers and duties as set forth in Section 12 of this 2Act. 3 Candidates for commissioner shall not be candidates of 4established political parties, but shall be non-partisan. 5 If a vacancy in the office of president or commissioner 6occurs, other than by expiration of the president's or a 7commissioner's term, the forest preserve district board of 8commissioners shall declare that a vacancy exists, and the 9board of commissioners shall, within 60 days after the date of 10the vacancy, upon the majority vote of the commissioners then 11serving, elect a person to serve for the remainder of the 12unexpired term. If, however, more than 28 months remain in the 13unexpired term of a commissioner, at the time of appointment, 14the appointment shall be until the next general election, at 15which time the vacated office of commissioner shall be filled 16by election for the remainder of the term. All other vacancies 17in nomination shall be filled in accordance with the 18provisions of the Election Code. 19 The president and commissioners elected under this Section 20shall serve without compensation. The president and 21commissioners may be reimbursed for their reasonable expenses 22actually incurred in performing their official duties under 23this Act in accordance with the provisions of Section 3a. The 24cost of reimbursement under this Section shall be paid by the 25forest preserve district. 26 This Section does not apply to a forest preserve district HB1083 Enrolled- 12 -LRB104 06306 JRC 16341 b 1created under Section 18.5 of the Conservation District Act. 2(Source: P.A. 96-239, eff. 8-11-09.) 3 (70 ILCS 805/12) (from Ch. 96 1/2, par. 6322) 4 Sec. 12. The president of the board of any district 5organized hereunder, shall preside at all meetings of the 6board, be the executive officer of the district, and be a 7member of the board. The president He shall sign all 8ordinances, resolutions and other papers necessary to be 9signed and shall execute all contracts entered into by the 10district and perform other duties as may be prescribed by 11ordinance. The president He may veto any ordinance and any 12orders, resolutions and actions, or any items therein 13contained, of the board which provide for the purchase of real 14estate, or for the construction of improvements within the 15preserves of the district. Such veto shall be filed with the 16secretary of the board within 5 days after the passage of the 17ordinance, order, resolution or action and when so vetoed the 18ordinance, order, resolution or action or any item therein 19contained is not effective unless it is again passed by 20two-thirds vote of all the members of the board. The president 21may vote in the same manner as the other members of the board. 22In the temporary absence or inability of the president, the 23members of the board may elect from their own number a 24president, pro tem. 25 The "Yeas" and "Nays" shall be taken, and entered on the HB1083 Enrolled- 13 -LRB104 06306 JRC 16341 b 1journal of the board's proceedings, upon the passage of all 2ordinances and all proposals to create any liability, or for 3the expenditure or appropriation of money. The concurrence of 4a majority of all the members elected or appointed to the board 5is necessary to the passage of any such ordinance or proposal. 6In all other cases the "Yeas" and "Nays" shall be taken at the 7request of any member of the board and shall be entered on the 8journal of the board's proceedings. 9(Source: P.A. 91-933, eff. 12-30-00.) 10 Section 10. The Rights of Married Persons Act is amended 11by changing Sections 1, 2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 1217, and 22 as follows: 13 (750 ILCS 65/1) (from Ch. 40, par. 1001) 14 Sec. 1. Rights to sue and be sued. A married person may, in 15all cases, sue and be sued without joining the married 16person's his or her spouse as if unmarried. Either spouse A 17husband or wife may sue the other for a tort committed during 18the marriage. No finding by any court under Section 401 of the 19Illinois Marriage and Dissolution of Marriage Act shall be 20admissible or be used as prima facie evidence of a tort in any 21civil action brought under this Act. An attachment or judgment 22in an action may be enforced by or against a married person as 23if unmarried. 24(Source: P.A. 87-286.) HB1083 Enrolled- 14 -LRB104 06306 JRC 16341 b 1 (750 ILCS 65/2) (from Ch. 40, par. 1002) 2 Sec. 2. Defending in own right or for other. If a married 3couple husband and wife are sued together, either may defend 4individually for his or her own right and, if either neglects 5to defend, the other may defend for both. 6(Source: P.A. 87-286.) 7 (750 ILCS 65/5) (from Ch. 40, par. 1005) 8 Sec. 5. Neither spouse in a marriage husband or wife shall 9be liable for the debts or liabilities of the other incurred 10before marriage, and (except as herein otherwise provided) 11they shall not be liable for the separate debts of each other, 12nor shall the wages, earnings or property of either, nor the 13rent or income of such property, be liable for the separate 14debts of the other. 15(Source: R.S. 1874, p. 576.) 16 (750 ILCS 65/9) (from Ch. 40, par. 1009) 17 Sec. 9. Property. A married person may own in the married 18person's his or her own right real and personal property 19obtained by descent, gift, or purchase and may manage, sell, 20and convey that property to the same extent and in the same 21manner as an unmarried person. When the spouses husband and 22wife live together, however, no transfer or conveyance of 23goods and chattels between the spouses husband and wife shall HB1083 Enrolled- 15 -LRB104 06306 JRC 16341 b 1be valid as against the rights and interests of any third 2person unless the transfer or conveyance is in writing and 3filed in the same manner as security interests are required to 4be filed by the laws of this State in cases where the 5possession of the property is to remain with the person giving 6the security. 7(Source: P.A. 87-286.) 8 (750 ILCS 65/10) (from Ch. 40, par. 1010) 9 Sec. 10. Should either spouse the husband or wife 10unlawfully obtain or retain possession or control of property 11belonging to the other, either before or after marriage, the 12owner of the property may maintain an action therefor, or for 13any right growing out of the same, in the same manner and to 14the same extent as if they were unmarried. 15(Source: R.S. 1874, p. 576.) 16 (750 ILCS 65/11) (from Ch. 40, par. 1011) 17 Sec. 11. In case one spouse the husband or wife abandons 18the other and leaves the state, and is absent therefrom for one 19year, without providing for the maintenance and support of the 20absent spouse's his or her family, or is imprisoned in the 21penitentiary, the circuit court in the county where the 22abandoned spouse or the spouse who is the husband or wife so 23abandoned or, not confined, resides, may, on application by 24petition, setting forth fully the facts, if the court is HB1083 Enrolled- 16 -LRB104 06306 JRC 16341 b 1satisfied of the necessity by the evidence, authorize the 2abandoned spouse him or her to manage, control, sell or 3incumber the property of the other, as shall be necessary, in 4the judgment of the court, for the support and maintenance of 5the family, and for the purpose of paying debts of the other, 6or debts contracted for the support of the family. Notice of 7such proceedings shall be given as in other civil actions, and 8anything done under or by virtue of the order or judgment of 9the court, shall be valid to the same extent as if the same 10were done by the party owning the property. 11(Source: P.A. 84-1308.) 12 (750 ILCS 65/12) (from Ch. 40, par. 1012) 13 Sec. 12. All contracts, sales or incumbrances made by one 14spouse to a marriage either the husband or wife, by virtue of 15the power contemplated in the preceding section, shall be 16binding on both, and during such absence or confinement, the 17person acting under such power may sue and be sued thereon; and 18for all acts done the property of both shall be liable, and 19execution may be levied or attachment issued accordingly. No 20suit or proceeding shall abate, or be in anywise affected, by 21the return or release of the person absent or confined, but the 22person he or she shall be permitted to prosecute or defend 23jointly with the other. 24(Source: R.S. 1874, p. 576.) HB1083 Enrolled- 17 -LRB104 06306 JRC 16341 b 1 (750 ILCS 65/13) (from Ch. 40, par. 1013) 2 Sec. 13. The spouse husband or wife affected by the 3proceedings contemplated in the 2 preceding sections may have 4the order or judgment of the court set aside or annulled, by 5filing a petition therefor and serving a notice on the person 6in whose favor the same was granted, as in other civil actions. 7But the setting aside of such judgment or order shall in nowise 8affect any act done thereunder. 9(Source: P.A. 84-1308.) 10 (750 ILCS 65/14) (from Ch. 40, par. 1014) 11 Sec. 14. Either spouse A husband or wife may constitute 12the other spouse's his or her attorney in fact, to control and 13dispose of his or her property for their mutual benefit or 14otherwise, and may revoke the same to the same extent and in 15the same manner as other persons. 16(Source: R.S. 1874, p. 576.) 17 (750 ILCS 65/15) (from Ch. 40, par. 1015) 18 Sec. 15. (a)(1) The expenses of the family and of the 19education of the children shall be chargeable upon the 20property of both spouses husband and wife, or of either of 21them, in favor of creditors therefor, and in relation thereto 22they may be sued jointly or separately. 23 (2) No creditor, who has a claim against a spouse or former 24spouse for an expense incurred by that spouse or former spouse HB1083 Enrolled- 18 -LRB104 06306 JRC 16341 b 1which is not a family expense, shall maintain an action 2against the other spouse or former spouse for that expense 3except: 4 (A) an expense for which the other spouse or former 5 spouse agreed, in writing, to be liable; or 6 (B) an expense for goods or merchandise purchased by 7 or in the possession of the other spouse or former spouse, 8 or for services ordered by the other spouse or former 9 spouse. 10 (3) Any creditor who maintains an action in violation of 11this subsection (a) for an expense other than a family expense 12against a spouse or former spouse other than the spouse or 13former spouse who incurred the expense, shall be liable to the 14other spouse or former spouse for the other spouse's his or her 15costs, expenses and attorney's fees incurred in defending the 16action. 17 (4) No creditor shall, with respect to any claim against a 18spouse or former spouse for which the creditor is prohibited 19under this subsection (a) from maintaining an action against 20the other spouse or former spouse, engage in any collection 21efforts against the other spouse or former spouse, including, 22but not limited to, informal or formal collection attempts, 23referral of the claim to a collector or collection agency for 24collection from the other spouse or former spouse, or making 25any representation to a credit reporting agency that the other 26spouse or former spouse is any way liable for payment of the HB1083 Enrolled- 19 -LRB104 06306 JRC 16341 b 1claim. 2 (b) (Blank). 3 (c) (Blank). 4(Source: P.A. 101-13, eff. 6-12-19.) 5 (750 ILCS 65/16) (from Ch. 40, par. 1016) 6 Sec. 16. Neither spouse the husband nor wife can remove 7the other or their children from their homestead without the 8consent of the other, unless the owner of the property shall, 9in good faith, provide another homestead suitable to the 10condition in life of the family; and if one spouse abandons the 11other, the abandoned spouse he abandons her, she is entitled 12to the custody of their minor children, unless a court of 13competent jurisdiction, upon application for that purpose, 14shall otherwise direct. 15(Source: R.S. 1874, p. 576.) 16 (750 ILCS 65/17) (from Ch. 40, par. 1017) 17 Sec. 17. When one spouse the husband or wife is under legal 18disability and therefore incapable of executing a deed or 19mortgage, and relinquishing or conveying the incapable 20spouse's his or her right to homestead in the real property of 21the other, such other person may present the other person's 22his or her petition to the circuit court in the county where 23the petitioner resides, or where the real estate to be 24affected is situated, setting forth the facts, and HB1083 Enrolled- 20 -LRB104 06306 JRC 16341 b 1particularly describing the real estate sought to be conveyed 2or mortgaged, and asking for an order authorizing the 3petitioner, or some other person, to execute a deed or 4mortgage for the person who is under legal disability, and 5thereby relinquish the incapable person's his or her right of 6homestead in the real estate. 7(Source: P.A. 83-706.) 8 (750 ILCS 65/22) (from Ch. 40, par. 1022) 9 Sec. 22. Nothing in this Act abolishes or prevents the 10creation and enjoyment of the estate of tenancy by the 11entirety with respect to any devise, conveyance, assignment, 12or other transfer of property, including a beneficial interest 13in a land trust, maintained or intended for maintenance as a 14homestead by both spouses married to each other together 15during marriage husband and wife during coverture made or 16executed on or after October 1, 1990. 17 This amendatory Act of 1995 is declarative of existing 18law. 19(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95.) 20 Section 15. The Illinois Religious Freedom Protection and 21Civil Union Act is amended by changing Section 10 as follows: 22 (750 ILCS 75/10) 23 Sec. 10. Definitions. As used in this Act: HB1083 Enrolled- 21 -LRB104 06306 JRC 16341 b 1 "Certificate" means a document that certifies that the 2persons named on the certificate have established a civil 3union in this State in compliance with this Act. 4 "Civil union" means a legal relationship between 2 5persons, of either the same or opposite sex, established 6pursuant to this Act. 7 "Department" means the Department of Public Health. 8 "Officiant" means the person authorized to certify a civil 9union in accordance with Section 40. 10 "Party to a civil union" means a person who has 11established a civil union pursuant to this Act. "Party to a 12civil union" means, and shall be included in, any definition 13or use of the terms "spouse", "family", "immediate family", 14"dependent", "next of kin", "marriage", "married", "married to 15each other", "husband", "wife", "bride", "groom", "wedlock", 16and other terms that refer to or denote the spousal 17relationship, as those terms are used throughout the law, 18regardless of whether the parties to a civil union are of the 19same sex or different sexes. 20(Source: P.A. 96-1513, eff. 6-1-11.) 21 Section 20. The Conveyances Act is amended by changing 22Sections 10, 19, and 27 as follows: 23 (765 ILCS 5/10) (from Ch. 30, par. 9) 24 Sec. 10. Quitclaim deeds may be, in substance, in the HB1083 Enrolled- 22 -LRB104 06306 JRC 16341 b 1following form: 2 The grantor (here insert grantor's name or names and place 3of residence), for the consideration of (here insert 4consideration), convey and quit claim to (here insert 5grantee's name or names) all interest in the following 6described real estate (here insert description), situated in 7the County of ...., in the State of Illinois. 8 Dated (insert date). 9(signature of grantor or grantors) 10 The names of the parties shall be typed or printed below 11the signatures. Such form shall have a blank space of 3 1/2 12inches by 3 1/2 inches for use by the recorder. However, the 13failure to comply with the requirement that the names of the 14parties be typed or printed below the signatures and that the 15form have a blank space of 3 1/2 inches by 3 1/2 inches for use 16by the recorder shall not affect the validity and effect of 17such form. 18 Every deed in substance in the form described in this 19Section, when otherwise duly executed, shall be deemed and 20held a good and sufficient conveyance, release and quit claim 21to the grantee, his heirs and assigns, in fee of all the then 22existing legal or equitable rights of the grantor, in the 23premises therein described, but shall not extend to after 24acquired title unless words are added expressing such 25intention. HB1083 Enrolled- 23 -LRB104 06306 JRC 16341 b 1 Notwithstanding any provision of law to the contrary, the 2recording of a quitclaim deed is exempt from all recording 3fees if executed for the sole purpose of reflecting a legal 4name change, and the grantor and grantee are the same 5individual or individuals. 6(Source: P.A. 91-357, eff. 7-29-99.) 7 (765 ILCS 5/19) (from Ch. 30, par. 18) 8 Sec. 19. The acknowledgment or proof of any deed, 9mortgage, conveyance, power of attorney, or other writing of 10or relating to the sale, conveyance, or other disposition of 11lands or real estate, or any interest therein, by a married 12person woman, may be made and certified the same as if that 13person was unmarried she were a feme sole, and shall have the 14same effect. 15(Source: P.A. 77-435.) 16 (765 ILCS 5/27) (from Ch. 30, par. 26) 17 Sec. 27. No deed or other instrument shall be construed as 18releasing or waiving the right of homestead, unless the same 19shall contain a clause expressly releasing or waiving such 20right. And no release or waiver of the right of homestead by 21one spouse the husband or wife shall bind the other spouse 22unless such other spouse joins in such release or waiver. 23(Source: P.A. 80-346.) HB1083 Enrolled- 24 -LRB104 06306 JRC 16341 b 1 Section 25. The Joint Tenancy Act is amended by changing 2Sections 1 and 1c as follows: 3 (765 ILCS 1005/1) (from Ch. 76, par. 1) 4 Sec. 1. No estate in joint tenancy in any lands, tenements 5or hereditaments, or in any parts thereof or interest therein, 6shall be held or claimed under any grant, legacy or conveyance 7whatsoever heretofore or hereafter made, other than to 8executors and trustees, unless the premises therein mentioned 9shall expressly be thereby declared to pass not in tenancy in 10common but in joint tenancy; and every such estate other than 11to executors and trustees (unless otherwise expressly declared 12as aforesaid, or unless, as to a devise or conveyance of 13homestead property, expressly declared to pass to individuals 14married to each other a husband and wife as tenants by the 15entirety in the manner provided by Section 1c), shall be 16deemed to be in tenancy in common and all conveyances 17heretofore made, or which hereafter may be made, wherein the 18premises therein mentioned were or shall be expressly declared 19to pass not in tenancy in common but in joint tenancy, are 20hereby declared to have created an estate in joint tenancy 21with the accompanying right of survivorship the same as it 22existed prior to the passage of "An Act to amend Section 1 of 23an Act entitled: 'An Act to revise the law in relation to joint 24rights and obligations,' approved February 25, 1874, in force 25July 1, 1874," approved June 26, 1917. HB1083 Enrolled- 25 -LRB104 06306 JRC 16341 b 1(Source: P.A. 86-966.) 2 (765 ILCS 1005/1c) (from Ch. 76, par. 1c) 3 Sec. 1c. Whenever a devise, conveyance, assignment, or 4other transfer of property, including a beneficial interest in 5a land trust, maintained or intended for maintenance as a 6homestead is made by both spouses during marriage or a civil 7union husband and wife together during coverture shall be made 8and the instrument of devise, conveyance, assignment, or 9transfer expressly declares that the devise or conveyance is 10made to tenants by the entirety, or if the beneficial interest 11in a land trust is to be held as tenants by the entirety, the 12estate created shall be deemed to be in tenancy by the 13entirety. Where the homestead is held in the name or names of a 14trustee or trustees of a revocable inter vivos trust or of 15revocable inter vivos trusts made by the settlors of such 16trust or trusts who are married to each other or in a civil 17union husband and wife, and the spouses husband and wife are 18the primary beneficiaries of one or both of the trusts so 19created, and the deed or deeds conveying title to the 20homestead to the trustee or trustees of the trust or trusts 21specifically state that the interests of both spouses the 22husband and wife to the homestead property are to be held as 23tenants by the entirety, the estate created shall be deemed to 24be a tenancy by the entirety. Subject to the provisions of 25paragraph (d) of Section 2 and unless otherwise assented to in HB1083 Enrolled- 26 -LRB104 06306 JRC 16341 b 1writing by both tenants by the entirety, the estate in tenancy 2by the entirety so created shall exist only if, and as long as, 3the tenants are and remain married to each other, and upon the 4death of either such tenant the survivor shall retain the 5entire estate; provided that, upon a judgment of dissolution 6of marriage or of declaration of invalidity of marriage, the 7estate shall, by operation of law, become a tenancy in common 8until and unless the court directs otherwise; provided further 9that the estate shall, by operation of law, become a joint 10tenancy upon the creation and maintenance by both spouses 11together of other property as a homestead. A devise, 12conveyance, assignment, or other transfer to 2 grantees who 13are not in fact married to each other or in a civil union 14husband and wife that purports to create an estate by the 15entirety shall be construed as having created an estate in 16joint tenancy. An estate in tenancy by the entirety may be 17created notwithstanding the fact that a grantor is or the 18grantors are also named as a grantee or the grantees in a deed. 19No deed, contract for deed, mortgage, or lease of homestead 20property held in tenancy by the entirety shall be effective 21unless signed by both tenants. This Section shall not apply to 22nor operate to change the effect of any devise or conveyance. 23 Except for the changes made to Section 10 of the 24Conveyances Act, this amendatory Act of the 104th General 25Assembly and the This amendatory Act of 1995 are is 26declarative of existing law. HB1083 Enrolled- 27 -LRB104 06306 JRC 16341 b 1(Source: P.A. 96-1145, eff. 1-1-11.)