IllinoisHB1083104th General Assembly (2025–2026)HouseWALLET

PROPERTY-GENDER NEUTRAL

Sponsored By: Daniel Didech (Democratic)

Became Law

judiciary - civilassignmentsjudiciary

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 3 benefits, 0 costs, 5 mixed.

Stronger protections from a spouse’s debts

If you are married, you can sue or be sued without joining your spouse. Either spouse can sue the other for a tort. If you are both sued, each spouse may defend their own rights, and one may defend for both. You are not liable for your spouse’s separate or pre‑marriage debts, and your wages and property are protected. A creditor cannot sue you for your spouse’s non‑family debts unless you agreed in writing, or the goods or services were bought by or are held by the other spouse. If a creditor breaks this rule, you can recover your costs and attorney’s fees and block them from reporting you as liable.

Court help if your spouse disappears

If your spouse abandons you, leaves the State for one year without support, or is imprisoned, the court can help. After a petition and notice, the court may let you manage, sell, or encumber your spouse’s property. You can use it to support your family or pay that spouse’s debts. The court needs evidence that this is necessary.

Home title protections and name-change fee break

Your homestead rights are not waived unless the deed clearly says so, and one spouse’s waiver does not bind the other without their signature. Joint tenancy or tenancy by the entirety exists only if the document says it; deeds, mortgages, and leases of homestead held by the entirety must be signed by both spouses. If you are married, you may acknowledge deeds and other real‑estate papers as if unmarried. Recording a quitclaim deed costs nothing when it only updates your legal name and the grantor and grantee are the same person.

Pay caps and expense rules for commissioners

In counties under 3,000,000 people, county board members who serve as commissioners can be paid up to $36 per day or up to $3,000 a year, plus mileage at the county board rate. The president may take a salary instead of per diem. No commissioner may claim per diem for a day also filed as a county supervisor. In elected boards under Sections 3c and 3d, the president and commissioners serve without pay. The district reimburses reasonable, actual expenses under Section 3a.

Appointed five-member forest preserve boards

A five‑person board runs the forest preserve district. The county board chair appoints commissioners with county board approval. First appointments happen 60 to 90 days after the district forms. Initial terms are staggered from 1 to 5 years; later terms are five years. If a seat opens mid‑term, the chair appoints a replacement with board approval to serve the rest of the term.

Checks on land deals and spending votes

The board president leads meetings, votes, signs laws, and executes contracts. The president can veto any measure to buy land or build in the preserves; the veto must be filed within 5 days and can be overridden by a two‑thirds vote of all members. For any measure that spends money or creates liability, the board must record Yeas and Nays, and passage needs a majority of all members.

Elected forest preserve leaders in large counties

In counties with more than 800,000 but fewer than 3,000,000 people, forest preserve commissioners are elected by district. The board president is elected countywide for a 4‑year term and must live in the county. Commissioners must live in their district by the time the term starts; terms begin the first Monday after the election month. If the president or a commissioner leaves office, the board must fill the seat within 60 days; if more than 28 months remain, voters choose a replacement at the next general election. A commissioner or the president cannot also serve on the county board.

Nonpartisan at-large boards in border counties

In counties with more than 200,000 but fewer than 800,000 people that border Wisconsin and do not touch a county over 2,000,000, all commissioners are elected at large. Seven commissioners serve; at the first election the top three get 6‑year terms, the next two get 4‑year terms, and the last two get 2‑year terms. After each general election, commissioners choose a president for a 2‑year term. Candidates run without party labels and need petitions signed by at least 100 voters. Vacancies must be filled within 60 days; if more than 28 months remain, voters fill the rest at the next general election. Commissioners and the president may not hold any other office in the same county at the same time.

Sponsors & Cosponsors

Sponsor

  • Daniel Didech

    Democratic • House

Cosponsors

  • Graciela Guzmán

    Democratic • Senate

  • Katie Stuart

    Democratic • House

  • Laura Faver Dias

    Democratic • House

  • Laura Fine

    Democratic • Senate

  • Lilian Jiménez

    Democratic • House

  • Maura Hirschauer

    Democratic • House

  • Sara Feigenholtz

    Democratic • Senate

  • Suzanne M. Ness

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 143 • No: 71

Senate vote 5/21/2025

Third Reading - Passed;

Yes: 39 • No: 18

Senate vote 5/8/2025

Do Pass Judiciary;

Yes: 5 • No: 3

House vote 4/10/2025

Third Reading - Short Debate - Passed

Yes: 74 • No: 38

House vote 3/19/2025

House Floor Amendment No. 3 Recommends Be Adopted Judiciary - Civil Committee;

Yes: 13 • No: 7

House vote 3/5/2025

Do Pass as Amended / Short Debate Judiciary - Civil Committee;

Yes: 12 • No: 5

Actions Timeline

  1. Public Act . . . . . . . . . 104-0040

    8/1/2025House
  2. Effective Date January 1, 2026

    8/1/2025House
  3. Governor Approved

    8/1/2025House
  4. Sent to the Governor

    6/17/2025House
  5. Passed Both Houses

    5/21/2025House
  6. Third Reading - Passed; 039-018-000

    5/21/2025Senate
  7. Added as Alternate Co-Sponsor Sen. Graciela Guzmán

    5/14/2025Senate
  8. Placed on Calendar Order of 3rd Reading May 15, 2025

    5/14/2025Senate
  9. Second Reading

    5/14/2025Senate
  10. Placed on Calendar Order of 2nd Reading May 13, 2025

    5/8/2025Senate
  11. Do Pass Judiciary; 005-003-000

    5/8/2025Senate
  12. Added as Alternate Chief Co-Sponsor Sen. Laura Fine

    5/7/2025Senate
  13. Assigned to Judiciary

    4/29/2025Senate
  14. Referred to Assignments

    4/23/2025Senate
  15. First Reading

    4/23/2025Senate
  16. Chief Senate Sponsor Sen. Sara Feigenholtz

    4/23/2025Senate
  17. Placed on Calendar Order of First Reading April 29, 2025

    4/14/2025Senate
  18. Arrive in Senate

    4/14/2025Senate
  19. Added Co-Sponsor Rep. Suzanne M. Ness

    4/10/2025House
  20. Added Co-Sponsor Rep. Lilian Jiménez

    4/10/2025House
  21. Added Co-Sponsor Rep. Laura Faver Dias

    4/10/2025House
  22. Added Co-Sponsor Rep. Maura Hirschauer

    4/10/2025House
  23. Third Reading - Short Debate - Passed 074-038-000

    4/10/2025House
  24. Placed on Calendar Order of 3rd Reading - Short Debate

    3/20/2025House
  25. House Floor Amendment No. 3 Adopted

    3/20/2025House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • House Amendment 3

  • Introduced

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