More than 200 new laws, covering everything from local library boards to
murder, go into effect on January 1.
Among the
more notable measures are bills that would give citizens greater access to
government information through the Internet, encourage the use of alternative
energy sources, reduce regulations for home-based food businesses and allow
motorcyclists to proceed through a red light if the tripping device fails to
turn the light green after a reasonable time.
As is the case nearly
every year, many of the new laws are aimed at closing loopholes needed to crack
down on criminal offenders. These include:
- “Andrea’s Law,” which will better
track persons convicted of murder once they have been released from prison
(HB 263/Public Act 97-0154);
- Tougher penalties for child
pornography (HB 3283/Public Act 97-0157);
- More tools to prosecute persons
who attempt to lure children for sexual purposes (SB 1038/Public Act
97-0160);
- A prohibition against shining a
laser light into a cockpit when a plane is taking off or landing (HB
167/Public Act 97-0153); and
- New penalties for selling
manufactured substances know as synthetic cannabinoids, that produce a
“high” similar to marijuana (HB
2595/Public Act 97-0193)
The
legislation (HB 2860/Public Act 97-0627) allowing motorcyclists to proceed
through a red light when it fails to trip, was not without controversy. Gov.
Pat Quinn sought to change the measure, but his amendatory veto was overridden
during the fall session by strong bipartisan majorities.

Home-based
or “cottage” food makers will face less regulation under SB 840/Public Act
97-0393, as long as they produce only food products that are not potentially
hazardous.
Citizens
will be able to access Hospital Report Cards from the state Department of
Public Health Web site under HB 1562/Public Act 97-0171, as well as access
information about income, sales, property and business taxes imposed across the
state through the Department of Revenue’s Web site under SB 43/Public Act
97-0353.
A number of
measures are aimed at encouraging alternative energy and energy conservation.
Two of these include HB 3139/Public Act 97-0134, which allows the state’s
transportation department to issue permits to those wishing to grow switchgrass
on state right-of-ways, and HB 991/ Public Act 97-0105, which seeks to promote
rain water conservation, composting and wind energy.
The new
laws going into effect Jan. 1 include:
9-1-1 Surcharge (SB 2063/PA
97-0463): Establishes a mechanism to collect the 9-1-1
surcharge on pre-paid cell phones, thus requiring merchants to collect the
surcharge at the point of sale.
Abuse Coverage (HB
3358/PA 97-0343): Extends a mandate under the Illinois
Insurance Code to the state group health insurance plan, county governments,
school districts, and cities regarding victims of physical or sexual abuse, to
ensure all insurance plans have similar provisions to cover abuse victims.
Academic Watch (HB 1415/PA
97-0370): Allows local school boards to, if
federal grants are available, opt in to a full-year pilot plan if a school is
on academic watch status for more than 2 years.
Schools that opt in must increase their school calendar by 35 days, and
requires students attend a minimum of 215 days. This pilot program affects only
schools in Sen. James Meeks' district.
Acid Attack (HB 2193/PA 97-0565): Prohibits the possession and carrying of certain caustic
substances regulated under the Federal Caustic Poison Act that are required to
bear the warning “causes severe burns," and which are capable of causing
serious injury. The legislation is a response to several high-profile acid
attacks where the victims were severely disfigured.
Adult
Therapy Requests (HB 785/PA 97-0165): Attempts to provide short-term crisis counseling for
adults under guardianship to address cases where the guardian is abusive or
neglectful. Authorizes any adult to request and receive counseling services or
psychotherapy, even if the adult is under guardianship. Establishes that the
adult’s guardian will not be informed of counseling or psychotherapy unless the
counselor or therapist believes such disclosure is necessary. States that if
the counselor or therapist intends to disclose the counseling or psychotherapy,
the adult must be informed.
Aggravated Battery
(SB 2004/PA 97-0313): States that the assault or battery of a
process server or special court appointed process server while in the performance of his or her
duties is enhanced to an aggravated assault (Class 4 felony) or an aggravated
battery (Class 3 felony).
Aggravated Intimidation (SB 1739/PA
97-0162): Establishes that a person has committed
aggravated intimidation if they knew their victim was a civilian reporting
information about a forcible felony to a law enforcement agency, and the
offense was committed for that reason.
Aldermen Change (SB 1686/PA
97-0146):
Streamlines public notice requirements and reduces publication rates for units
of local government. Allows any municipality that has a population change that
would require an increase or decrease in the number of aldermen to adopt an
ordinance or resolution maintaining the current number of aldermen.
Andrea’s Law (HB 263/PA
97-0154): Creates a First Degree Murderer Database for
people convicted of first degree murder who have been released from a penal
institution or other facility. Places them on the existing Sex Offender
Registry or the amended Murderer and Violent Offender Against Youth Registry.
Anti-Epileptic Drug Notification (SB
670/PA 97-0456): Requires pharmacists to provide written
notification to a patient when dispensing a prescription in which they have
substituted a generic anti-epileptic for a brand name anti-epileptic drug.
Antique Vehicles (HB 3256/PA
97-0412): Creates a new
"expanded-use" category of antique vehicles (vehicles more than 25
years old). While regular antique
vehicles are generally limited to driving to and from car shows when using
state highways, the expanded-use vehicles have unrestricted use of the highways
from April 1 through Oct. 31. The owner must pay appropriate registration and
renewal fees and also pay the $45 per year fee for expanded-use antique vehicle
registration.
Background Information Sharing (HB
1240/PA 97-0248): Requires criminal background
information on an employee that has been obtained by a school district within
the last year to be shared, upon request, with any other school district.
Banking and Estate Clean-Up (HB
1651/PA 97-0492): Makes numerous clean-up changes and
clarifications to a current law related to banking and real estate.
Bilingual Education
Reporting (HB 3109/PA 97-0305): Requires the Advisory Council on Bilingual Education to
submit a one-time report to the State Superintendant, Governor, and the General
Assembly about the regulations controlling bilingual education in Illinois.
Brand Name Prescriptions (SB 2046/PA 97-0426):
Authorizes HFS to reimburse the dispensing of a 90 day supply of a brand
name drug when it is a cost effective, non-narcotic maintenance medication.
This bill will also authorize the 90 day supply for brand name drugs.
Brush Clearing (SB 41/PA 97-0417):
Allows a township to authorize without a referendum the use of road
funds to finance the collection, transport, and disposal of brush and leaves
within the unincorporated areas of the township.
Bus Drivers (HB 147/PA 97-0466):
States that a non-CDL holder school bus driver will be subject to
reasonable suspicion drug and alcohol testing that’s in conformance with
federal regulations, except the results of the tests must be reported in a
manner approved by the Secretary of State instead of on federal forms. Aligns
the drug testing standard with that of the federal government because the state
standards were more rigid than the federal standards creating a significant
risk of false positive tests.
Cancer Insurance Coverage (HB
1191/PA 0091): Mandates that routine patient
medical care must be provided to patients participating in qualified clinical
cancer trials, if the patient’s policy would cover that routine medical care if
they were not enrolled in the clinical trial.
CDL Licensing (HB 1295/PA 97-0208): Brings Illinois into compliance with
a federal law that requires Commercial Driver’s License (CDL) holders who must
comply with the physical qualifications requirements of the Federal Motor
Carrier Safety Administration to provide a current original copy of their
medical examiner’s certificates to the State driver’s licensing agency before a
CDL is issued, renewed, upgraded or transferred.
Charter Schools (HB 2401/PA
97-0151): Requires that with regards to the
five “re-enrolling drop-out” charter schools and the 15-maximum “campuses” in Chicago, a collective
bargaining contract be entered into between each individual, re-enrolling
charter school campus in order to unionize the teachers within that charter
school.
Chicago Educational Facility
Planning Commission (SB 620/PA 97-0473): Creates the Chicago Educational Facility Planning
Commission and gives the commission the authority to approve standards for the
capacity and utilization of Chicago Public Schools, approve standards for basic
performance measures, approve school actions that are required to be included
in the master plan, approve the 5-year Capital Improvement plan and budget,
participate in the selection of contractors, and certify whether or not certain
requirements have been met.
Child Abuse Reporting
(HB 2093/PA 97-0254)/(SB 1950): Changes legislation
to reflect the current criminal penalty for making a false report of child
abuse to DCFS, and updates the required posted warning to reflect that a false
report is a Class 4 felony violation.
Child Luring (SB 1038/PA 97-0160):
Requires all child abductors convicted of child luring to undergo a sex
offender evaluation prior to sentencing. Increases the penalty to a class 2
felony for a second offense when a person has a prior conviction of a sex
offense as defined in the Sex Offender Registration Act or any substantially
similar federal, Uniform Code of Military Justice, sister state or foreign
government offense. Adds language to make it harder for an offender to claim a
lawful intent (of trying to lure a minor) if they do not have express
permission of a parent.
Child Passenger Safety (HB 1222/PA
97-0026): Requires that after satisfactory
completion of a child passenger safety instructional course the technician who
conducted the course must issue a letter of completion on a form that has been
verified by IDOT. This will help the judges more easily identify the letter’s
purpose.
Child Pornography (HB
3283/PA 97-0157): Enhances the penalty for filming,
videotaping, or creating a moving image of child pornography, or possessing
such items.
Closed Meetings (HB 1277/PA
97-0318): Creates an exemption in the Open
Meetings Act to allow public bodies to hold closed meetings with auditors or
financial committees, if the meeting was called to discuss suspected or
potential fraud, or internal control weaknesses.
College Technology Entrepreneur
Centers (HB 1876/PA 97-0196): Authorizes the board of trustees of
each public university and community college in Illinois to create a technology entrepreneur
center, which will provide goods and personnel to innovators who possess an
innovative concept that has not yet been offered for sale. The goal is to help
them develop their concept to the point where it can become a business venture.
College Student Data (SB 122/PA 97-0588):
Requires all public institutions of higher education to track the status
of students who are the first in their family to attend an institution of
higher education.
Comptroller (HB 1527/PA
97-0269): Allows the Comptroller to enter into
reciprocal offset agreements with the federal government. These agreements would
require the Comptroller to reduce State payments to those owing federal nontax
debts and remit the amount to the Treasury.
Condo Association Court Cost Recovery (SB
1972/PA 97-0535): Allows a condo association to recover court
costs incurred by the association during an action to enforce collection,
rather than the association's costs of collection.
Conservation District (SB 1436/PA
97-0601): Amends the Illinois Municipal Code to include
areas owned by a conservation district under the definition of a
"conservation area." At issue is a municipality trying to annex
property located across a conservation district
Contract Disclosure (HB 1444/PA
97-0490): Allows, for purposes of disclosure of
financial interests by bidders on state contracts, privately held entities
that have more than 100 shareholders and are exempt from Federal 10k reporting, to submit the information that they
are required to report under federal regulations and list the names of any
person or entity holding any ownership share greater than 5 percent. This bill
would allow more companies to provide financial interest statements in this
way, as opposed to submitting firm ownership and conflict information with each
and every bid they submit.
Controlled Substances (HB 2917/PA
97-0334): Makes various changes to clean-up
the Illinois Controlled Substances Act and to bring it into compliance with
federal standards including updating or deleting certain definitions; allowing
authorized prescribers to issue electronic prescriptions if done in accordance
with federal rules; outlining fines for crimes relating to controlled
substances; providing for data collection; and more.
Consumer Loan Affiliates (SB 674/PA
97-0420): Defines payday loan “affiliates” as any
person or entity that directly or indirectly controls, is controlled by, or
shares control with another person or entity. States that a person or entity
who has control over another is the person or entity who has an ownership
interest of 25 percent or more in the other.
Co-Payment Scale (SB 1236/PA 97-0422): Bases child-care copayments for families who receive child
care services or public assistance on family size and income, not on the number
of children in care or the amount of services used. Also sets a sliding scale for co-payments,
reflecting a lower percentage of income for the poorest families, and with a co-payment
that gradually increase as family income increases.
Copyright Restrictions (SB 2040/PA
97-0538): Prohibits the unlawful use of sound
recordings, except when accompanying a motion picture or other audiovisual
work, that were initially recorded before February 15, 1972. Anything after
that date is protected by Federal copyright law and preempts state law.
Correctional Facilities (HB 2590/PA
97-0380): Prohibits any unit of local government
or a county sheriff (formerly only the
state) from contracting with a private entity to operate a correctional
facility.
Cottage Food Deregulation (SB 840/PA
97-0393): Allows for deregulation at the local
level of cottage food operations, so only "State-certified local public
health departments" would be permitted to regulate cottage food operation.
Cottage food operations are those where a person produces or packages
non-potentially hazardous food in a home kitchen.
Credit Unions (HB
3050/PA 97-0133): Requires that if a credit union
requests a hearing in response to a fine, the Secretary of IDFPR must schedule
a hearing within 30 days of the request or the fine will be stayed until the
final administrative order is entered.
Currency Exchange (HB 159/PA 97-0315): Requires a currency exchange
to give the Secretary at IDFPR 30 days notice before the business can begin
offering approved additional services. Also increases a number of fees paid by
community and ambulatory currency exchanges. Makes technical and administrative
changes relating to cease-and-desist orders and confidentiality.
Damaged Road Cost Recovery (HB
1541/PA 97-0373): Gives units of local government the
same authority that State agencies have to seek recovery for the repair or
replacement costs for damaged or
destroyed roadway property.
Debt Collection (HB 1513/PA
97-0120): Allows
employers to deduct wages without the employee’s consent in order to collect a
debt owed to a municipality or to recoup excess money that was paid by a
municipality in error.
Death Reporting (HB 1259/PA
97-0111): Requires the electronic reporting
system for death registrations to transfer information to DHFS at least once
every 3 months for the purpose of updating the Medicaid recipient roster.
Diabetes Education Programs (HB
2249/PA 97-0281): Includes in diabetes coverage,
education programs that allow a patient to maintain A1c levels, so that people
can make the appropriate lifestyle and medical choices needed to help control
their diabetes. A1c provides an average of blood sugar control over a six to 12
week period, and is used in conjunction with home blood sugar monitoring.
Disability Definition (HB 3010/PA
97-0410): Includes mental, psychological, or
developmental disabilities, including autism spectrum disorder, in the portion
of the Human Rights Act that prohibits discrimination in public accommodations.
Divorce Concessions (SB 1824/PA
97-0608): Allows
people in divorce situations to use life insurance as a security for child
support and maintenance obligations.
DNA Submission (HB 3238/PA 97-0383): Expands the list of those required to submit to DNA testing
to include (1) a person required by an order of the court to submit a DNA
specimen; (2) any person arrested for any of the following
offenses, after a determination by a judge or a grand jury that probable cause exists for the arrest: first degree murder,
home invasion, predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault; and (3) any person required
to register as a sex offender under the Sex Offender Registration Act,
regardless of the date of conviction.
DPH
Reporting (SB 1805/PA 97-0049): Requires DPH’s yearly report containing information about
certain Multidrug Resistant Organism infections to be substantially similar to
the CDC’s surveillance system, which is more specific and thus more helpful and
informative than the current reporting system.
Drug Dealers ER Fines (HB 1258/PA
97-0434): Establishes that people found guilty
of manufacturing or delivering drugs that precipitated an emergency response
will be liable for the expense of the emergency response, and must also pay
additional new fines.
Dry-Cleaning Facility (HB 1953/PA
97-0377): Requires an active dry-cleaning facility
that has previously received or is currently receiving reimbursement of
remedial action benefits under the Act to maintain continuous financial
assurance for environmental liability coverage in the amount of $500,000.
Dry-Cleaner Licensing (HB 2777/PA
97-0332): Allows dry-cleaning license fees to
be paid by credit card or business check, and reduces the fees for late payment
of license fees.
Duck Hunting (HB
3019/PA 97-0132): Requires that in Alexander, Union,
Williamson, and Jackson
counties, consent of adjacent landowners must be received before a commercial
duck hunting area is allowed to place a duck blind within 100 yards of a
landowner’s property line.
Educational
Environment No-Contact (HB 192/PA 97-0294): Amends laws relating to “No Contact” orders
and domestic violence restrictions to address situations where a petitioner and
a respondent attend the same elementary, middle or high school. Establishes
that when considering these types of cases the court must consider the severity
of the crime, the ability to transfer the respondent to another school or
program and the logistics associated with this potential transfer. Allows the
court to order the respondent to change schools, change his or her program, or
have his or her movements restricted.
Educational Training (SB 1578/PA
97-0525): Adds educational support personnel to those
who can attend teacher's workshops, or institutes (professional
development/training days). States that the support personnel may be
exempt from a workshop if it isn’t relevant to the work they do and it is not
related to the health and safety of students. For Cook County
only, when referring to the 4 days that may be used for teacher in-service
workshops or professional development, adds that 2 days may be used as a
teacher's and educational support personnel workshop, when approved by the
Regional Superintendent.
Electronic Records and Fees (HB
1470/PA 97-0403): Requires DHFS to provide an
electronic submission process for assessment reports for long term care
facilities. Requires a separate submission be completed for each of these
facilities operated by a long term care provider. HFS is required to prepare an
assessment bill that states the amount due and payable each month to be
submitted electronically to each long term care facility. Payments must contain a copy of the bill sent
to the facility. A 25 percent fee is established for long term care facilities
that fail to file their bills with payment, unless that fee is waived by HFS.
Prohibits a fee being charged if HFS does not provide a process for electronic
submission of the data. The electronic
submission system and penalties must be implemented by July 1, 2013.
Emergency
Lights (SB 956/PA 97-0039): Allows a blue oscillating, rotating, or flashing light to be
used when parked or stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle accident.
Emergency Medical Services (HB
1610/PA 97-0082): Allows EmSeeQ devices, which are
worn by people with a propensity to wander (such as those who have
developmental disabilities and other disorders, including Alzheimer's and
autism) to access 9-1-1 systems. Requires that the devices be controlled by
trained personnel at a service center to prevent false activation and repeated
calls to 9-1-1. The device must be capable of two-way communication, or capable
of sending a pre-recorded message explaining the nature of the emergency.
Engineering Diversity (HB 1256/PA 97-0288): Creates the
Diversity in Engineering scholarship program to promote representation of
minority groups in the field of civil engineering.
Equal Pay Act (SB 115/PA
97-0512): Provides for civil penalties of up
to $5,000 when an employer interferes with an employee’s attempt to exercise a
right granted to them by the Equal Pay Act.
Eviction (HB 1209/PA 97-0247): Allows a landlord to request rent be paid for the period of
time pending an eviction, if the eviction has been put on hold by a judge.
Expelled Students (HB 2086/PA
97-0495): States that an expelled or suspended
student may immediately be transferred to an alternative program unless there
is a threat to the safety of students or staff in the alternative program. A
pupil must not be denied transfer because of the expulsion. Additionally, provides that enrollment in a
charter Alternative Learning Opportunity school must be available to any pupil
who has been expelled or suspended for more than 20 days. Changes the district
policy choice to state that the student must complete the entire term of
suspension/expulsion in a Regional
Safe School
or an ALOP before being admitted into the school district.
False Representation (SB 64/PA
97-219): Prohibits knowingly and falsely representing
oneself to be another person in order to intimidate, threaten, injure, defraud,
or obtain a benefit from another. Prohibits a person from claiming to represent
a person or organization in order to obtain a benefit, or to injure or defraud
another person.
Financial Crime Penalty (SB 1699/PA
97-0147): Increases the penalties of the financial
crimes statute to create parity with the penalty provisions for the same dollar
amounts contained in the general theft statute, so that a financial crime which
exceeds $500,000 but does not exceed $1,000,000, is now a Class 1
non-probationable felony.
Financial Exploitation
(HB 1689/PA 97-0482): Creates stricter laws against
financial exploitation of an elderly person or person with a disability, by
lowering the property value threshold that constitutes a Class 1 or 2 felony
for the offense of financial exploitation.
Provides that payment of restitution is not limited to five years for
this offense as it is with other crimes.
Fire Safety (HB 1359/PA 97-0488): Allows the fire chief or other
officer of a fire protection district to prohibit open burning on an emergency
basis when wind, weather, or another factors create a risk of a fire spreading. (HB 1095/PA 97-0554): Prohibits the use of a rebuilt flame
safeguard control in forced air heating equipment in any non-residential
structure, excluding production agriculture structures. Allows for rebuilt flame safeguard controls
to be used if labeled and listed by a nationally recognized testing agency
First Aid Kits (HB 1573/PA
97-0374): Requires all classes of railroads to
have first aid kits available when transporting railroad employees.
FOID Relinquishment (HB 1272/PA
97-0401): Requires that when a person awaiting
trial is required as a condition of bail to relinquish his or her FOID card to
the circuit court clerk, the circuit court clerk must mail the confiscated FOID
card to ISP.
FOID Revocation (HB
3365/PA 97-0158): Provides that a person convicted of
domestic battery is not eligible to obtain or keep a FOID Card. People who have
an order of protection issued against them must also surrender their FOID Card
for the duration of the order.
Forgery Terminology (SB 2027/PA
97-0231): Adds the
act of making "a false document" and “to make it false” to the
prohibited conduct currently included under a forgery offense.
Gang Prevention (HB 3033/PA 97-0435): Establishes a statewide criminal street gang prevention and
intervention grant program to be operated by the Dept. of Juvenile Justice with
federal dollars. Requires the Criminal Justice Information Authority to help
local governments in obtaining grant money from the federal government.
General Theft Offenses
(SB 1228/PA 97-0597): Combines many specialized theft offenses into
general theft offenses, removes unconstitutional provisions in the theft
statute, consolidates various offenses scattered throughout the code, adds “mental
state” where missing from certain offenses, and provides for penalty
consistency. Part of the CLEAR Commission Criminal Code rewrite.
Governor’s Budget Relief (SB 1968/PA
97-0613): Places an immediate effective date on the
portion of SB 335 relating to interfund transfers, which will give the Governor
17 months to repay interfund transfers for Medicaid bills. This equals about $1 billion in budget relief
for the Governor.
Green Energy (HB 991/PA
97-0105): Expands the Homeowners’ Solar Rights
Act to include wind and rain water collection and composting systems in the
association’s energy policy statement.
Gold Star Families (HB 2875/PA
97-0302): States that the natural mother,
father or spouse of an Illinois veteran, who was killed in the line of duty, is
entitled to admission to Illinois veterans homes if there are vacant beds.
Good Samaritan (SB 1372/PA 97-0183):
Provides immunity for people (not corporations) who donate medical
equipment or supplies (not medication) to a veterinarian school or licensed
veterinarian for use by the veterinarian school or by the veterinarian in that
person’s veterinary practice.
Gubernatorial Appointees (SB 265/PA 97-0257): Requires that the Governor’s
appointment for probation services must be based on a recommendation from the
Illinois Probation and Court Services Association, and reduces the Sex Offender
Management Board from 24 to 20 members.
Gun
Possession (HB 3431/PA 97-0347): Eliminates delivery as an element of possession
of a stolen firearm and aggravated possession of a stolen firearm. Adds the
element of delivery
in the statute concerning unlawful sale of firearms, and changes the name of
that offense to unlawful sale or delivery
of firearms. Changes a reference from “more than 31 firearms” to “31 or more
firearms,” and establishes that the higher-level Class X offense applies to the
unlawful possession of “more than 31 firearms.”
Gun Running (SB 2064/PA 97-0540): Provides that when a
court finds that a vehicle was used in a violation relating to gun running,
which is a felony offense, the Secretary of State may suspend registration for
a period of up to 90 days. Eliminates the ability to revoke the registration.
Harry “Babe” Woodyard Natural Area
(SB 154/PA 97-0177): Designates the official name of the Harry
“Babe” Woodyard State Natural Area in Vermillion County
to be a state natural area.
Hate Crimes (SB 1708/PA 97-0161):
If an offender receives probation or conditional discharge following a
conviction for a hate crime where the offender caused criminal damage to
religious property, the offender must enroll in an educational program
discouraging hate crimes.
Healthcare Information (HB 1562/PA
97-0171): Requires the Illinois Department of
Public Health to make the Hospital Report Card Act available on its Web site.
States that links to the Consumer Guide to Health Care and the Hospital Report
Card Act on DPH’s Web site must include a brief description of the information
available in both. Requires, if relevant, DPH to reference the Web pages of the
Consumer Guide to Health Care and the Hospital Report Card Act when it creates
new or updates existing consumer fact sheets or materials for the purpose of
educating the Illinois
health care consumer.
Higher Ed Programs (SB 1883/PA
97-0610): Requires each State university to
annually report to the Illinois Board of Higher Education (IBHE) on the
programs of instruction, research, or public service that have been terminated,
dissolved, reduced, or consolidated by the university, as well as all
aforementioned programs that exhibit a trend of low performance in enrollments,
degree completions, and high expense per degree. IBHE will compile an annual report to be
submitted to the General Assembly that contains information on new programs
created, existing programs that have been closed or consolidated, and programs
that exhibit low performance or productivity. (HB 1079): Increases the
dollar value for the listing of equipment that public universities must provide
to CMS, from $500 to $1,000. Also
requires each state university to report annually to the IHBE the following:
programs of instruction that have been terminated, dissolved, reduced, or
consolidated; all programs of instruction, research, or public service
that exhibit a trend of low performance in enrollments and degree completions
and high expense per degree; tuition increases for the upcoming academic year;
and any cost-saving measures undertaken during the previous fiscal year.
IBHE will compile an annual report that will contain this information and
provide it to the General Assembly.
HIV/AIDS Registry (HB 299/PA
97-0550): Requires information concerning cases in the
HIV/AIDS Registry to include all CD4 and HIV viral load test results, and
states that hospitals and laboratories may only be required to report all CD4
and HIV viral load test results for tests performed on or after 90 days if
DPH provides an electronic method to report results, and only
if hospitals or labs have electronic records to identify HIV patients.
Hospitals and labs will continue to report through current administrative
rules until electronic lab reporting is established.
Homicide Training Waiver (HB 1069/PA
97-0553): States that the Illinois Law
Enforcement Training and Standards Board and Director of State Police must
develop a waiver process for homicide investigation training and certification.
The waiver will be based on an officer's prior training and experience in
homicide investigations.
Horse Liens (HB 3012/PA
97-0569): Provides for a lien for stable
owners for the boarding and stabling of a horse and allows the sale of the
horse at public or private sale in order to satisfy the lien. This establishes
a mechanism for stable keepers—who are experiencing an increased number of
abandoned horses—to have the ability to sell these abandoned horses and recoup
their costs.
Human Rights Procedures (HB 178/PA
97-0022): States that when reviewing human
rights cases (other than those involving real estate transactions) a fact
finding conference must occur unless 1) the Director rules within a year of the
charge being filed that there is no substantial evidence of a civil rights
violation 2) the charge is dismissed for lack of jurisdiction or 3) the parties
voluntarily agree to waive a fact finding conference. This is a “cost cutting” measure advanced by
the Dept. of Human Rights.
Human
Trafficking (SB 1037/PA 97-0267): Allows a victim of human trafficking to file a motion
requesting that a court vacate past convictions for misdemeanor and first-time
felony prostitution charges.
Hunting Fees for
Terminally Ill Individuals (HB 2861/PA 97-0215): Waives hunting fees for terminally ill individuals and
allows terminally ill youth to hunt outside of an established season if
approved by the Director of DNR.
ID Card Religious Objections (HB
1484/PA 97-0371): Provides for Illinois Identification
Cards or Illinois Disabled Person Identification Cards to be issued without
photographs if the applicant has a religious objection.
ID Theft Protection (SB 151/PA
97-0388): Prohibits the use, possession, or
transfer of a radio frequency identification device (RFID) capable of
obtaining or processing personal identifying information from a credit or debit
card to use the new chip technology for an illegal purpose.
Identity Protection
(HB 3513/PA 97-0139): States that an individual’s social
security number may not be printed on a wristband or on the outside of any file
associated with the products or services of the person.
Impoundment (HB 1220/PA 97-0109): Allows a municipality to impose a reasonable fee for
impoundment of a vehicle to cover administrative and processing costs for the
investigation, arrest, and detention of an offender or the removal,
impoundment, storage, and release of a vehicle.
IMRF Pension Reform (SB 1831/PA
97-0609): Makes changes in "final rate of
earnings" under IMRF to establish that the final 3 months to final
24 months shall not exceed 125% for the highest earnings of any other month
in the final earnings period. Requires "Pension Impact Notes" to be
sent from IMRF to an IMRF employer that grants greater then a 12% earnings
adjustment to a manager, executive or officer. Requires the IMRF
"pension impact note" to state in writing the effect that the
increase in salary has on pension benefits. Requires the IMRF employer to
sign the pension impact statement acknowledging they understand the effects of
the increase, and pay any costs associated with the pension impact note.
Establishes Internet posting requirements for IMRF employees’ salaries over
$75,000 and $100,000 a year. Provides that new hires (on or after January 1,
2012), who retire from a pension system, but who return to work for that system
on a contractual basis, will have their pension suspended for the duration of
the contract. Makes many other changes to pension provisions.
IMRF Pensions (HB 1471/PA
97-0319): Requires that the Illinois Municipal
Retirement Fund calculation for the present value of a reserve annuity account
for salary and service must provide a more accurate cost for each employer when
an IMRF employee has worked under two or more IMRF employers.
Infant-care Education Requirements
(HB 2099/PA 97-0083): Requires all employees of licensed
child care facilities who care for newborns and infants to complete training
every 3 years on sudden unexpected infant death (SUID), sudden infant death
syndrome (SIDS) and on the safe sleep recommendations of the American Academy
of Pediatrics.
Infectious Disease Control (HB
1096/PA 97-0107): Requires nursing homes to designate
a person as an “Infection Prevention and Control Professional” to develop and
carry out policies to control the spread of infections and communicable
diseases. Also requires that this person
receive the appropriate training to carry out these duties.
Inmate Medical Fees (HB 1929/PA
97-0562): Requires inmates to pay a $5 co-pay
(formerly $2) to DOC for each non-emergency medical and dental visit.
Insurance Arbitration (SB 152/PA
97-0513): Requires mandatory arbitration
insurers to arbitrate and settle disputes made for physical damage to a vehicle
under $2,500.
Insurance Contracts (HB 3034/PA 97-0235): Allows a person
who has entered into a written contract with a contractor to be paid from a
property and casualty insurance policy, to cancel the contract prior to
midnight of the fifth business day after the insured has received written
notice from the insurer that any part of the claim or contract is not a covered
loss under the insurance policy. If the insurance settlement of a claim
is less than the amount claimed or if the claim is denied, the insurance
company must provide to the insured a reasonable written explanation of the
lower offer or denial within 30 days after the investigation of liability is
completed. Within 10 days after a contract has been cancelled, the
contractor must reimburse the insured for any payments or deposits made by the
insured and any note or other evidence of indebtedness.
Insurance Expense Reporting (SB
1553/PA 97-0524): Changes the insurance company administrative
expense reporting requirement to the Illinois Dept. of Insurance from annually,
to every 6 months. The bill specifies the 6 month reporting period to be
October and April.
Insurance Late Fee
Increases (HB 1129/PA 97-0486): Replaces provisions concerning the filing of annual
statements and penalties for filing late or false statements of the Dental
Services Plan Act and Health Maintenance Organization Act with provisions currently
in the Insurance code, which outlines more costly penalties.
Insurance
Recoupment (HB 1193/PA 97-0556): Sets the health care provider payment recoupment time limit
for insurance companies at 18 months from the original payment to the provider.
Interest Calculation Formula (SB
1133/PA 97-0421): Establishes a formula for interest
calculation on payday loans during the initial payment period. Specifically,
states that when the first installment period is longer than the others, the
amount of the finance charges applicable to the extra days cannot exceed $15.50
per $100 of the original principal balance divided by the number of days in a
regularly scheduled installment period and multiplied by the number of extra
days. Also clarifies that the term “consecutive days” does not include the date
on which a consumer makes the final installment payment.
Internet Threat
Penalties (HB 3281/PA 97-0340): Allows a school board to suspend or
expel a student who has made an explicit threat on an Internet Web site against
a school employee, student, or any school personnel.
Investment Workforce Board (SB
2123/PA 97-0356): Establishes that the Investment Workforce
Board is subject to the Illinois Procurement Code, and requires the Board to
submit all agendas and meeting minutes to the Department of Commerce and Economic
Opportunity (DCEO). Also requires the submission of all line-item budgets for
local workforce investment areas and a list of all contracts and values for
workforce development training and service providers, all of which will be
posted on DCEO’s Web site.
ISP Fund Creation (HB 1316/PA
97-0116): Creates the Illinois State Police
Projects Trust Fund, the Homeland Security Emergency Preparedness Fund, and the
State Police Motor Vehicle Theft Prevention Trust Fund, which is necessary to
bring ISP into compliance with federal grant guidelines and make ISP eligible
for future grants.
Law
Enforcement Training Board Replacement (HB 1949/PA 97-0327): Establishes that the Clerk of
the Circuit Court of Cook County
will replace the Executive Director of the Illinois Board of Higher Education
on the Illinois Law Enforcement Training Standards Board.
Judgment
Enforcement (HB 3478/PA 97-0350): Advances clean-up language that is intended to help
keep a judgment alive in cases where the debtor has deliberately taken actions
to prevent the creditor from having the judgment enforced.
Jury Duty (HB 1317/PA 97-0436): Exempts people who have a total and permanent disability
from serving on jury duty.
Jury Selection (HB
2066/PA 97-0034): Includes claimants for unemployment
insurance in the lists used to create jury selection pools.
Juvenile Justice (HB 83/PA
97-0362): Stipulates that committing a minor
to the Department of Juvenile Justice must be the least restrictive option.
This can only be done after efforts have been made unsuccessfully to locate
less restrictive alternatives to secure confinement.
Juvenile Sex Offender Study (SB
2151/PA 97-0163): Provides that the Illinois Juvenile
Justice Commission study and make recommendations to the Governor and General
Assembly to ensure the effective treatment and supervision of adjudicated
delinquent juvenile sex offenders. The study must also consider the
appropriateness and feasibility of restricting juveniles adjudicated as sex
offenders from certain locations, such as parks and schools.
Land Surveyor Qualifications (SB 2236/PA 97-0543):
Changes qualification for licensure and examinations for land surveyors
and land surveyors in training. Applicants for the examination for land
surveyor-in-training must have a baccalaureate degree in land surveying from an
accredited college or university program; or a baccalaureate degree in a
related science, with at least 24 semester hours of land surveying courses from
the approved curriculum of an accredited institution.
Landlord Lock Change Requirements
(HB 1233/PA 97-0470): Requires a landlord in Cook County
to change or re-key locks after a dwelling unit has been vacated and before a
new tenant moves in. If a landlord does not change or re-key the lock and a
theft occurs at that dwelling unit that is attributable to the landlord's
failure to change or re-key the locks, the landlord is liable for any damages
from the theft. Some exemptions.
Large Truck Speed Limit (SB 1913/PA
97-0202): Extends the uniform speed limit that
currently exists for Interstate highways to include four-lane divided highways.
Provides that outside the counties of Cook, DuPage, Kane, Lake, McHenry and
Will, the speed limit for trucks is uniform with cars, or 65 mph, on four lane
divided highways.
Laser
Airplane Prohibition (HB 167/PA 97-0153): Prohibits discharging a laser into
the cockpit of an aircraft that is taking off, landing, or in flight.
Lead Warning Statements
(SB 1943/PA 97-0612): Makes changes to
definitions and amends the warning statements relating to lead paint in order
to further clarify and improve the related safety provisions.
Library
Boards (HB 179/PA 97-0101): Amends the Local Library Act to remove a reference to a report
that is no longer published. Also allows a library board to require the
treasurer to purchase insurance coverage, instead of the current practice of
requiring the treasurer to purchase a personal bond, which requires the
submission of a great deal of personal information. Changes the reporting
deadline for a library board’s financial report from 30 days after the fiscal
year’s end, to 60 days.
License Expiration
Deferment (HB 3331/PA 97-0079): Allows the Secretary of State to
defer the expiration of the driver’s license for a member of the Armed Forces
on active duty outside the State, or their spouse or child, for up to 120 days,
currently only 90, after the licensee’s return to Illinois.
Marriage Dissolution
(SB 1753/PA 97-0047): Provides that professional personnel who are
consulted by the court regarding custody and visitation cases are subject to
subpoena relating to the case. The court will allocate the costs and fees of
the consultants between the parties based upon the financial ability of each
party and other relevant criteria.
Medical Malpractice (HB 1476/PA 97-0449): Allows the public to request the status of
a specific complaint or report under review by the medical disciplinary board.
Requires IDFPR to contact the complainant 14 days before any hearing relating
to the accused. Requires health
care facilities to report to DPH within 20 days any actions that have resulted
in patient death or serious disability, and allows DPH to investigate further
if necessary.
Mental Health and Substance Abuse
Services (HB 2982/PA 97-0381): Requires DHS to establish Regional
Integrated Behavioral Health Networks to establish improved access to mental
health and substance abuse services throughout Illinois by convening all
relevant health, mental health, substance abuse and other community entities.
Mental Health Court (SB 1837/PA 97-0440): Directs the mental
health court in Kane
County to demonstrate the
effectiveness of its alternative treatment program in reducing the number of
mentally ill people admitted into the correctional system. The court is to
cooperate with mental health service providers and have one or more
institutions of higher education publish peer-reviewed studies of the outcomes
generated by the mental health court.
Mental Health Records (HB 2362/PA 97-0566): Allows mental health records to be disclosed to court
appointed providers to be used to determine fitness to stand trial if the records
were made within the 180-day period immediately preceding the providers' court
appointment.
Military Children
Education (HB 3035/PA 97-0216): Extends the Opportunity
for Military Children Act until June 30, 2015.
Military Plate Fee Waiver (HB
3172/PA 97-0306): Removes language that requires
payment of certain fees beyond the application fee for certain Military and
Military Veteran license plates.
Minimum Wage Penalties (HB 3237/PA
97-0571): Increases penalties for contractors,
subcontractors and public body employees who do not comply with minimum wage
requirements.
Motorcycle Red Lights (HB 2860/PA
97-0627): Allows
motorcyclists stopped at a red light to proceed through the light if, after
waiting a reasonable length of time, the red light fails to change to green.
Governor Quinn issued an amendatory veto to change the language of the measure,
however both the House and Senate overrode his changes and the bill became law
as originally passed.
Natural Gas Markets (SB 1654/PA
97-0223): Requires the Illinois Commerce
Commission's (ICC) Office of Retail Market Development to prepare an annual
report regarding the development of competitive retail natural gas markets in Illinois.
Noise Ordinances (HB 1311/PA
97-0115): Clarifies that a non-home rule
municipality is allowed to, by ordinance, regulate sound devices.
Notary Identification (HB 350/PA
97-0397): Allows a notary public to consider
as acceptable forms of identification State Agency Identification Cards, and
Consulate Identification Cards that have the person’s signature and photo on
them.
Oath Administration (SB 62/97-0036):
Allows any person allowed to administer oaths and affirmations to do so statewide,
as opposed to only in their respective districts, circuits, counties or
jurisdiction.
Open Meetings (HB 1670/PA
97-0504): Requires all current and future
elected and appointed officials in Illinois
to take Open Meetings Act training courses administered by the Public Access
Counselor in the Attorney General’s office.
Elected school board members are exempted from receiving their training
through the AG’s office if they take an alternate course offered by an
institution created under Article 23 of the School Code.
Oral Cancer
Medications (HB 1825/PA 97-0198): Requires insurance plans that
provide coverage for oral cancer medications and intravenous cancer medications
to cover oral medications at the same benefit cost as intravenous medications.
Park District Board Vacancies (HB
2993/PA 97-0131): Allows a person appointed to fill a
vacancy on the Park District Board to serve until the second regularly
scheduled election, if the vacancy occurs not less than 123 days before the
next election. This is an effort to align park district code with the Election
Code.
Parole Objection Protection (SB
1471/PA 97-0523): Prohibits the Prisoner Review Board from
releasing information about victims and victims’ families who have filed parole
objections. This seeks to protect victims and their family members from an
inmate, or possibly an inmate’s friend or acquaintance, who might seek revenge
against people who have filed a parole protest.
Parole Rehearing (SB 1470/PA
97-0522): States that after denying parole, the
Prisoner Review Board can schedule a rehearing within 5 (rather than 3) years
from the date of parole denial if it is not reasonable to expect an inmate's
parole to be granted prior to the scheduled rehearing date. This is a way to
help victims, who have to appear to protest parole, by reducing the frequency
with which they will have to attend a parole hearing for those select cases
where inmates are unlikely to be found eligible for parole in the next three
years
Parole Terms (SB 1740/PA 97-0531):
Requires that the terms of a defendant's parole or Mandatory Supervised
Release must be written as part of the sentencing order. Also provides that the
90-day reduction in parole or mandatory supervised release term for an inmate
receiving a GED while on parole or Mandatory Supervised Release is discretionary with the Prisoner Review
Board, instead of automatic
Patient Information (SB 1282/PA
97-0180): Allows for a patient’s name, address, or
unique patient identifier to be included in patient claims and encounter data
submitted to the Department of Public Health by hospitals and ambulatory
surgical treatment centers.
Payday Loan Act Restrictions for
Military (HB 3257/PA 97-0413): States that a creditor charging an
annual interest rate greater than 36 percent to a member of the military or
their dependants is in violation of the Payday Loan Reform Act.
Performance-Based Funding (HB
1503/PA 97-0320): Directs the Illinois Board of Higher
Education to form a group charged with developing a system of performance-based
funding that will be based on performance in achieving State-outlined
educational goals for student success and certificate and degree completion.
Personal Information Protection (HB
3025/PA 97-0483): Makes various changes regarding notification
of a personal information security breach to an Illinois resident and outlines the Attorney
General's duties upon receiving notice of a security breach. Also provides
guidelines for the disposal of materials containing personal information.
Pet Identification
(SB 1637/PA 97-0240): Requires a person who is scanning a lost pet for a
micro-chip to also look for other common forms of identification (tattoos, id
tags, etc.). Requires the administrator of an animal control facility to
contact the pet’s owner or caretaker through telephone and/or e-mail, if
possible. Requires that a second scan for a micro-chip be performed on an
animal prior to euthanization, and gives animal control facilities immunity
from civil liability and criminal damages when (1) they have attempted in good
faith to contact the registered owner of a microchipped animal and (2) when
they have microchipped an animal.
Pharmaceutical Disposal (HB 3090/PA 97-0546): Allows any unit of local government to display a locked and
secured receptacle for used, expired, or unwanted pharmaceuticals at its city
hall or police department. Requires that
the receptacle be accessible to the public and have a posted, legible sign
indicating that the unwanted medication can be disposed of in the receptacle.
Physician Signature (SB 1248/PA
97-0179): Requires all physician’s orders and plans of
treatment to have the physician’s original written signature, or to have in
place an electronic signature system that allows for the verification of a
signer’s credentials.
Pill Incineration (HB 2056/PA 97-0545): Creates the Prescription Pill and Drug Disposal Fund
financed by the new $20 assessment fee for certain drug arrests. The new fund
finances grants for the collection, transportation, and incineration of
household pills and drugs.
Plumber Licensing (HB 1228/PA 97-0365): Outlines
that only the state and the City of Chicago
may license plumbers. States that in the event that the plumbing contractor’s
registration is suspended or revoked, DFPR must notify the City of Chicago and
any corresponding plumbing contractor's license issued by the City of Chicago
must also be suspended or revoked. Similarly, the City of Chicago must notify the
Department of such suspensions or revocations within its jurisdiction.
Police/Fire Pension Dissolution (HB
144/PA 97-0099):
Allows a municipality to dissolve a police or fire pension fund if an
auditor has certified there are no liabilities, participants, or beneficiaries.
There are currently a few downstate fire and police funds that are inactive but
are still required to have an audit.
Police Property Donation (HB 1553/PA
97-0028): Allows a sheriff, chief of police,
or other law enforcement official to clear out their inventories of unclaimed
property by donating items worth less than $100 to a charitable organization
with the approval of the appropriate authority.
Portable Dental Units (SB 1602/PA
97-0528): Defines and establishes regulations for people
and entities who own or operate mobile dental vans that are being used to bring
dental care directly to patients, particularly in areas where dental resources
are scarce. Enforces registration requirements for those who own or operate
these dental units, as well as patient record retention requirements. This will
help patients obtain additional care following treatment by these mobile dental
vans and dental units.
Portable Electronic Insurance (HB
1284/PA 97-0366): Creates a new “limited lines”
license for retailers that sell insurance to cover the repair or replacement of
portable electronic devices, like wireless phones and computers. Requires
anyone who offers or sells the portable electronics insurance to have a limited
lines license.
Press Box (SB 2096/PA 97-0355):
Establishes that federal accessibility guidelines for press boxes on
school property apply in Illinois.
The federal guidelines state that a school board does not have to comply with
the Illinois Accessibility Code with respect to accessibility in press boxes on
school property if the press boxes are in bleachers that have points of entry
at only one level, and the aggregate area of the press box is no more than 500
square feet. Repeals language creating the Press Box Accessibility Task Force.
Prisoner
Safety (HB 276/PA 97-0104): Clarifies that the warden of a county jail is also authorized to
relocate prisoners in the event of inmate-caused disturbances that threaten the
security of other inmates. The warden can remove an individual prisoner or
group of prisoners (rather than just “the prisoners”) to another jail within
the county, or to the jail of another county, if the warden determines the
security of the penal institution is threatened (rather than just the “lives or
health of the prisoners are endangered”).
Probation Funds (HB
3417/PA 97-0454): Directs funds collected from persons
serving probation to be deposited into the Probation and Court Services Fund to
pay for costs associated with the probation and court services that are
incurred by the county.
Process Servers (SB 2069/PA
97-0427): Allows the courts to appoint a private
detective, private detective agency, or their registered employees who have
been certified, to serve as special process servers. The private detective or
private detective agency must provide the sheriff in each of the counties where
they serve process with a copy of his or her license or certificate.
Property
Maintenance Violations (HB 1909/PA 97-0561): Provides that with regards to
repeated violations of a county’s property maintenance code, service of process
against the owner of the property may act as a notice to appear. The goal is to
help the county get repeat violators of the property maintenance code into
court when the administrative enforcement process is not working.
Property Seizure (SB 2268/PA
97-0544): Provides that, in the event of seizure of
property stemming from suspected violation of the Cannabis Control Act, the
Illinois Controlled Substances Act, and the Methamphetamine Control and
Community Protection Act, notice must be given to all known interest holders
that forfeiture proceedings will be instituted. Provides that the notice for
the preliminary hearing may be postponed upon a showing of good cause. In
addition to making a finding of probable cause, the court must take into
account the respective interests of all known claimants to the property
including the State, prior to entering an order taking control of the property
for the purpose of a forfeiture hearing.
Property Transfers (HB 1153/PA
97-0555): Creates a statutory framework to
allow for the transfer of residential real estate upon death through a transfer
deed. Outlines under what circumstances this would or would not apply.
Prosthetics (HB 3315/PA
97-0414): Provides that in the 2012 fiscal
year, the Discharged Service Members Task Force charged with investigating the
re-entry process for service members returning to civilian life, must also
assess the availability of prosthetics in its investigation. Currently, the task force considers PTSD, homelessness,
disabilities and other relevant issues as members see fit.
Pseudoephedrine Regulation (HB 1908/PA 97-0560): Prohibits a person convicted of using methamphetamine, who
is currently on parole, mandatory supervised release, probation or conditional
discharge, from purchasing, possessing, or having under their control any
product containing pseudoephedrine, unless prescribed by a physician.
Public Aid Fraud (HB 1077/PA
97-0023): Extends the amount of time DHFS has
to report to the GA on the number of fraud cases identified and pursued under
the medical assistance program, and the fines assessed and collected.
Public Construction Bonds (HB
1226/PA 97-0487): Attempts to make the public bond act
easier to understand and use by requiring that any claims for labor or
materials furnished to a political subdivision by a sub-contractor can only be
enforced if the claimant filed a verified notice of the claim with the Clerk or
Secretary of the political subdivision within 180 days after the date of the
last item of work or furnishing of the last item of materials. Notice must be filed with the contractor
within 10 days after filing the notice with the Secretary or Clerk. The claim
must include a description of the claimant's contract as it pertains to the
public improvement, describing the work done by the claimant and stating the
total amount due and unpaid as of the date of the verified notice. The statute
of limitations for filing an action to enforce the claim is extended from 120
days to 1 year after the furnishing of the last item of work or materials by
the claimant.
Public Health Standard Orders (SB 123/PA 97-0589): Establishes what public health standing orders must contain
and who can provide services under the standing orders. Adds provisions
for outpatient clinics to comply with the Public Health Standing Orders Act.,
and makes other technical changes to bring laws relating to local government
and governmental employees tort immunity into accordance with Public Health
Standing Orders Act.
Purple
Heart Day (HB 1537/PA 97-0258): Establishes Purple Heart Day on Aug. 7th of
each year in Illinois. Repeals provisions that established a task force to study the
possible health effects of exposure to hazardous materials and requiring the
task force to submit a report.
Pyrotechnics Regulations (HB 711/PA
97-0164): Updates the laws regarding the use
of pyrotechnics in the musical entertainment industry. Adds provisions
concerning exemptions, licensure, qualifications, unlicensed activity,
discipline, and reporting accidents or incidents. Makes changes to provisions
concerning scope, storage certificates, storage requirements, unlicensed
activity, non-residents, recordkeeping, hearings, and criminal penalties.
Racial Classification (HB 332/PA
97-0396): Replaces racial classifications
throughout Illinois Statutes with those used by the U.S. Census Bureau, which
include Asian, Black or African American, Hispanic or Latino, Native Hawaiian
or Other Pacific Islander, and White.
Radon Reporting (HB 141/PA
97-0021): Requires landlords to provide tenants
with notice of radon tests that indicated a radon hazard.
Rebate
Disclosures (HB 3406/PA 97-0308): Requires any business or person who offers a retail
rebate to consumers to further clarify what rebate the consumer can expect to
receive by disclosing the type of rebate being offered, whether additional fees
may apply, and the form of remittance that will be provided to the consumer.
Remedial Summer School (HB 139/PA
97-0086): Requires remedial summer schools to emphasize
reading and mathematics for a student who has performed two or more grades
below his or her grade level for two consecutive school years.
Rental Car Traffic
Citations (HB 1593/PA 97-0029): Allows for a rental car company to
provide the name of a previous renter to the SoS to ensure the renter of a car,
not the rental company, receives any citation issued to them as the result of
an automated traffic camera.
Re-opened Case Notification (SB
1043/PA 97-0457): Requires law enforcement authorities who
re-open a closed case to notify the victim or victim's family, unless the
State's Attorney determines that disclosure would unreasonably interfere with
the investigation.
Respectful
Language (SB 1833/PA 97-0227): Makes changes to language in state law to replace the
term “mental retardation” with “intellectual disability” and substituting
“physically disabled” for the term “crippled.”
Road District Abolition (SB 1907/PA
97-0611): Allows a township board in Cook
County to put on the ballot a referendum to eliminate the road district within
the township; this would require the township board to assume the
responsibilities of the road district.
ROE Shared Services Promotion (SB
2134/PA 97-0357): Encourages regional superintendents to offer,
if fiscally prudent, school districts the opportunity to share in joint
educational or operational programs. If asked by a school district, the
regional superintendent may present opportunities for service sharing or
consolidation. Also requires school districts to annually publish on their Web
sties a one-page report summarizing the district’s efforts to improve fiscal
efficiency.
Safe Patient Handling (HB 1684/PA
97-0122): Makes minor changes to the Safe
Patient Handling Policy that are intended to control risk of injury to patients
and health care workers associated with the lifting, transferring,
repositioning, or movement of a patient.
Safe School Zones (HB 78/PA
97-0547): Establishes a safe school zone and
increases the punishment for trespassing in a safe school zone.
Safety Funding (HB 1303/PA
97-0114): Allows Fire Prevention Fund money to
be used to fund the Mutual Aid Box Alarm System.
School Reporting Dates
(HB 3464/PA 97-0256): Changes the reporting date to
October 1 for administrator and teacher salary/benefits, and the claim date to
August 30 for orphanage claims.
Stipulates that reporting of dual accredited course enrollment will be
done at a time designated by the State Superintendent, and requires the
educator supply and demand report to be made every 3 years.
Science and Math Partnership
Schools (SB 621/PA
97-0097): Allows for the joint operation of elementary
science and mathematics partnership schools between multiple school districts,
in conjunction with institutions of higher education.
Seat Belts (HB 219/PA
97-0016): Requires adult
passengers in the back seat of a vehicle to wear a seat belt, and also requires
those 18 and younger riding in a taxi cab for school-related purposes to wear a
seat belt.
Sex Offenders (HB 295/PA
97-0155): Requires sex offenders who are employed
at or attend an institution of higher education to also register with the
campus’s public safety or security director instead of just with the Chief of
Police or County Sheriff. (HB 1253/PA 97-0578): Requires sex offenders who have never
been required to register before, or whose term of registration has expired, to
register or register again if they are convicted of a new felony offense after
July 1, 2011.
Sex Offender Stalking (HB 277/PA
97-0468): Provides that a registered sex
offender commits the offense of aggravated stalking if he or she is
convicted of the offense of stalking against the same victim or a family member
of the victim of the offense for which the sex offender had to register.
Sheriff License Plates Fee Exemption
(SB 2162/PA 97-0430): Removes the $25 fee for the transfer
of registration plates from a wrecked county-owned vehicle to a replacement
vehicle, beginning in the 2012 registration year.
Shingle Recycling (HB 1326/PA
97-0314): Reduces the number of shingle waste
a shingle recycling company must produce to qualify as a recycling company.
This will make it easier for these companies to be issued a recycling permit
instead of a landfill waste dump permit, which is a more burdensome and
controversial permit.
Smoke Detectors (HB 1398/PA
97-0447): Requires hotels to be equipped with
at least one smoke detector within 15 feet of every room that is used for
sleeping purposes.
Social Security Number Protection
(HB 700/PA 97-0400): Provides that IDFPR can only use a
person’s social security number on paperwork for initial licensing. After
initial licensing a customer tracking number must be issued and used on all
paperwork from that point on.
Spanish DNR Forms (HB 3134/PA
97-0382): Requires the DPH to publish Do Not
Resuscitate forms in Spanish.
Specialty Plates (HB 2938/PA 97-0409): Establishes that the Secretary of State (SOS) must receive
1,500 applications for a specialty plate within two years or the SOS’s
authority to issue the plate will be nullified. Requires charities that are to
receive funds from the sale of a specialty license plate to meet the
registration and reporting requirements of the Charitable Trust Act and the
Solicitation for Charity Act each year.
Provides that specialty plates will be discontinued if their
registrations fall below 1,000 a year, and requires SOS to recall all issued
plates of that type; vehicle owners who have the recalled plates are entitled
to receive different plates without a fee.
Substance
Abuse-Treatment Funding (HB 2048/PA 97-0253): Allows State's Attorneys to use drug
asset forfeiture funds for grants to local substance abuse treatment facilities
and half-way houses.
Surveyor Training (HB 1380/PA
97-0489): Requires
DPH to establish a surveyor training unit funded from money deposited in the
Long Term Care Monitor/Receiver Fund, which will help DPH to carry out the
survey process with minimal use of State funds
Switchgrass Production
Permits (HB 3139/PA 97-0134): Allows the Illinois Department of Transportation to issue a
switchgrass production permit to allow private entities to grow and harvest
switchgrass on specified right-of-ways.
Synthetic Cannabis (HB 2595/PA
97-0193): Adds to the list of Schedule I
controlled substances five generic definitions of classes of synthetic
cannabinoids, which are often sold alongside smoking paraphernalia to produce a
“high” similar to that associated with cannabis.
Tax Abatement (HB 212/PA 97-0577): Allows property tax abatements for
certain municipalities and school districts in eligible business corridors.
Eligible municipalities must have a per capita equalized assessed valuation
(EAV) that is less than 60% of the State average, and more than 15% of its
population below the national poverty level. The school district must have
maintained an unrestricted fund balance of at least 20% of its total direct
expenditures for the most recent two years that data are available.
Taxation Disclosure Act (SB 43/PA
97-0353): Directs the Dept. of Revenue to create an online
searchable data base of all tax rates in the state, which will be publicly
available by January 1, 2012. It must include all
taxes: income, sales, property, and business taxes imposed by taxing
districts and by the State.
Temporary Guardians (SB 2015/PA
97-0614): Allows the court to appoint a temporary
guardian for an adult with disabilities if their guardian dies, becomes
incapacitated or resigns. Allows for extension of temporary guardianship in
certain circumstances. Adds a provision that the report accompanying a petition
for adjudication of disability be signed only by a licensed clinical
psychologist or psychiatrist if the evaluation is limited to the respondent's
mental condition.
Tobacco Cessation (SB
673/PA 97-0592): Makes the tobacco
cessation program mandatory, and requires group health insurers to offer, for
additional premiums, $500 a year worth of tobacco cessation program
coverage/reimbursement
Torens Act Repeal (HB 1379/PA
97-0118): Repeals
the Registered Titles Act (Torens Act) on January 1, 2014. Though the Act was
repealed in 1997, the law did not repeal provisions relating to the indemnity
fund nor did it terminate, diminish, or impair any existing rights pertaining
to registered land or any existing right to resort to the indemnity fund.
Torture Penalties (HB 233/PA
97-0467): Makes an aggravated battery that
causes great bodily harm or permanent disability or disfigurement a Class 1
felony when it involves the infliction of torture or extreme physical pain,
motivated by the offender's intent to increase or prolong the pain, suffering,
or agony of the victim.
Township
Officer Conviction (HB 195/PA 97-0295): Provides that a conviction of a township officer for
an infamous crime will force the person from office by creating a vacancy, so
that the position may be filled by the standard appointment procedure.
Transparent Staffing Plans (SB
1342/PA 97-0423): States that a copy of a written
staffing plan for nursing care services must be provided to any member of the
general public upon request.
Truck Restrictions (SB 1644/PA
97-0201): Preempts home rule to establish that
weight and size limits on trucks are under the exclusive purview of the state,
with some exemptions.
Truck Route Reporting (HB 1377/PA
97-0291): Requires local governments to report
all truck routes not classified as Class II or III truck routes to IDOT. If
none exist, the local governments must affirm this. IDOT is then required to
place this information on its Web site.
Uniform Foreign Money Judgments (SB 1074/PA 97-0140):
Adopts the Uniform Foreign Money Judgments Recognition Act so that
monetary judgments obtained in foreign countries can be enforced in Illinois.
Uninsured Driving (HB
2267/PA 97-0407): Requires mandatory maximum fines for a person who has multiple convictions
of driving an uninsured motor vehicle.
Requires that a $2,500 fine be imposed, in addition to any jail
sentence, for an individual convicted of driving an uninsured vehicle that
results in bodily harm to another person, if the defendant has two or more
convictions for driving an uninsured vehicle. Requires the same fee for a
person who receives a third conviction of uninsured operation of a motor
vehicle that leads to bodily injury to another.
Sets the fee at $1,000 for an individual convicted of a third or subsequent
violation of uninsured operation of a vehicle that does not result in bodily
injury.
Universal Fare Pass (HB 2874/PA 97-0271): Requires the Regional Transportation Authority (RTA) to
develop and make available to riders 65 and older a universal fare pass that
can be used on all public transportation funded by the RTA.
Used Vehicles (SB 1336/PA 97-0042):
States that CMS must be given the opportunity to receive used IDOT
vehicles through inter-agency transfer. If the vehicle is not taken by a state
agency, CMS must notify local governments that the vehicle is available for
purchase.
Utility Access (HB 1260/PA
97-0077): Provides that service members and
veterans are covered under the no utility disconnection law during the winter
months.
Vehicle Occupancy Restrictions (HB
1315/PA 97-0017): Bans riding in a trailer,
semitrailer, farm wagon or any other vehicle while it is being towed upon a
public highway, unless necessary due to an emergency situation.
Vending Machine (HB 2991/PA
97-0335): Eliminates the current mandate that retailers
submit an annual report detailing the number of vending machines used in their
business. Instead, puts the burden on the Dept. of Revenue to request the
information if needed. Also requires a retailer to request an additional
sub-certificate or sub-certificates if he or she increases the number of
vending machines used in the business.
Veterans Affairs Clean-up (HB
1445/PA 97-0297): Creates “The Department of Women’s
Veterans Affairs” within the Dept. of Veterans Affairs. Removes the Commission
to encourage more programs to address Persian Gulf War Veterans; removes
language pertaining to the John Joseph Kelly Veteran’s Home and erroneous
language pertaining to provisions of contract of work service at the Anna Veterans
Home; requires the Veterans’ Memorial Commission to make recommendations to
ensure maintenance and preservation of veterans’ memorials.
Victim
Impact Statements (HB 1928/PA 97-0299): Expands the list of people who can present
victim impact statements under the Open Parole Hearings Act to include any
friend of the victim or any concerned citizen. Establishes that victim impact
statements are be considered public documents under the Freedom of Information Act. (HB 3300/PA 97-0572): Allows victims or their representatives
to file victim impact statements for consideration at sentencing, and to
receive notice of sentencing hearings, for certain motor vehicle violations
that resulted in personal injury or death—even if no misdemeanor or felony
criminal charges were filed.
Video Cameras in Vehicles (HB
3403/PA 97-0499): Allows video cameras in cars
featuring entertainment or business applications to be displayed on the front
monitor so long as the images are not viewable by the driver while operating
the vehicle.
Voting
(SB 98/PA 97-0275): Offers residents at Federal veterans’ facilities voting assistance
either through absentee or on-site voting. The bill ensures that the
incapacitated voter provisions that apply to long term care facilities and the
state veterans homes will also apply to residents of the state’s five Federal
veterans’ facilities.
Warrant Fees (HB 2581/PA
97-0175): Addresses confusion surrounding a
current law. Specifies that State Police are to receive $70 of the $75 fee that
is collected from cases where a person fails to appear on an arrest warrant if
ISP is the arresting agency. Establishes that when an arrest warrant is issued,
payment of the $75 fee will be a condition of release (unless otherwise ordered
by the court).
Weapons Possession (SB 1589/PA
97-0237): Requires mandatory prison for the unlawful
use or possession of a weapon by a convicted felon or DOC inmate on parole or
mandatory supervised release.
Youth Post-Release Placement (SB
1292/PA 97-0518): Gives the juvenile court that presided
over a delinquency hearing the ability to require the Dept. of Juvenile Justice
to report periodically back to the court about the Department's efforts to
secure post-release placement of youth committed to Dept. of Juvenile Justice facilities.
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