Public
Acts By Effective Date on 1/1/2014:
Agriculture, Animals
and Hunting
Tethering
Dogs (HB 83/PA 98-0101): Provides
standards for dog owners to lawfully tether a dog outdoors. Exempts
walking with a leash, cultivating agriculture products and shepherding or
herding livestock. Violations would be a Class B misdemeanor (up to six months
in jail and/or a $1500 fine). Concerns were raised because the minimum
tethering distance could make it impossible for homeowners with small yards to
comply with the law.
Unlawful Wildlife Possession (SB 1170/PA 98-0119): Makes it illegal to possess any wildlife or
wildlife parts taken unlawfully in Illinois, any other state or any other
country, whether or not the animal is indigenous to Illinois. This is an attempt by conservation police to
help other states and countries with cases involving wildlife or wildlife parts
that have been illegally taken. Other
state's and countries are able to prosecute these offenders, while Illinois is
not.
Wildlife Disposal (SB 1620/PA 98-0183): Makes it unlawful for any person having control
over harvested game mammals, game birds, or migratory game birds that have a
bag limit to waste or destroy usable meat of the game. Usable meat is defined
as the breast meat of the game bird or migratory game bird and the hind ham and
front shoulders of a game mammal. Provides it is unlawful to leave, dump or
abandon wildlife carcass on highway—this is targeting situations where
outfitters are killing deer, removing the head/antlers as a trophy and then
dumping the carcass.
Animal Fights (HB
3388/PA 98-0311): Establishes
a training program in animal fighting awareness for law enforcement officers.
Would help law enforcement officers to identify animal fighting operations and
respond appropriately. Training would include non-lethal ways to subdue a dog.
Commercial
Fishing (HB 1650/PA 98-0336): Requires
commercial fishermen and individuals assisting commercial fishermen to obtain a
sport fishing license in addition to a commercial fishing license. Allows
watercraft to be used as a primary collection device for commercial fish by
licensed commercial fishermen, as long as it is tagged with a commercial
watercraft device tag and is licensed by the State and in compliance with Coast
Guard boating regulations. The bill exempts persons taking Asian Carp by boat
for non-commercial purposes.
Puppy "Lemon
Law" (SB 1639/PA 98-0509):
Creates a lemon provision, in which a customer may receive monetary
compensation, up to the cost of the pet, if a veterinarian finds that a
diseased dog or cat was sold by a pet shop. Requires pet shops to inform pet
owners and the Illinois Dept. of Agriculture of any potential diseases if there
is a breakout in the pet shop. Customers can choose which warranty that would
apply (pet shop warranty or lemon law provisions). Opponents raised concerns
that the measure applied only to pet shops and not other sellers of animals
when pet shops only account for 14% of all dogs and cats sold in the state.
Business, Commerce,
Labor and Licensure
Subcontractors
(HB 923/PA-0105):
Requires contractors to report payments to any subcontractors or independent
contractors to the Department of Labor. The legislation was strongly opposed by
small business because it is drafted to apply only to non-union contractors. It
is viewed as an additional burden on small businesses, requiring them to
disclose proprietary information on what they pay their business partners –
information that is not required to be disclosed by other employers.
Employee Classification
(HB 2649/PA 98-0106): Seeks to
address the practice of misclassifying employees as independent contractors in
the construction industry. Imposes substantial penalties, cease and desist
orders, and debarment orders against employers found to have misclassified
employees as independent contractors. Also imposes individual liability onto
corporate officers and agents that "knowingly permit such employer to
misclassify its employees." Exempts groups that are "responsible
bidders" from having to comply with these new requirements. Opponents have
raised concerns that the measure is largely targeted at making it more
difficult for non-union contractors to win contracts.
Opened Wine Bottles (SB 722/PA 98-0145): Provides that Illinois wineries may permit a
patron to remove an opened and partially consumed bottle of wine for
off-premise consumption. The wine must be resealed in a tamper-proof
package.
Prevailing
Wage Reports (HB 2540/PA 98-0173): Deletes language requiring copies of prevailing wage reports to
be filed with the Secretary of State. The Secretary of State has no
responsibility over prevailing wage rates and the filing simply duplicates
information already filed with the Illinois Department of Labor.
Optometrist Definition
(SB 1876/PA 98-0185): Replaces an
outdated definition of “therapeutic optometrist” with “optometrist.”
Payday Loan
Fines (HB 1323/PA 98-0209): Amends the Payday Loan Reform Act and Consumer Installment Loan
Act by allowing the state's financial regulation agency to establish standards,
procedures, and fines for violations of the acts. The loan industry is seeking
this legislation because they feel that the lack of clear rules and standards
has led to unequal treatment among lenders.
Professional
Licensure Privacy (HB 1338/PA 98-0211): States that when the Department of Financial and
Professional Regulation (DFPR) issues a license or a certificate that is
required to be displayed at a place of business, the license or certificate can
not include the individual's home address on the face of the license.
Automotive Service Contracts (HB 1460/PA 98-0222): Expands the
definition of service contracts to include repair/replacement of tires/wheels,
removal of dents, repair of windshield, key replacement, and use of protective
chemicals or devices.
Barber
School Licensure (HB 2210/PA 98-0238): This is designed to bring state statute into compliance with new
US Department of Education regulations governing federal student aid programs.
It prohibits anyone from operating a school or college of barbering unless they
are licensed by the Department of Financial and Professional Regulation. All
schools must be a post-secondary school.
Electronic Signatures (SB 1826/PA 98-0289): This measure allows for
the use of an electronic signature for plans submitted by architects, engineers
and land surveyors when submitting computer-prepared plans.
Restricts Rebuttable
Presumption for EMT/Paramedics (SB 1847/PA 98-0291): Amends the Workers' Compensation Act.
Provides that the rebuttable presumption that certain health conditions arose
out of and in the course of employment that applies to paramedics and emergency
medical technicians (EMTs) applies only to public employees that spend their
time responding to emergencies.
Hispanic
Employment (HB 3270/PA 98-0329): Creates the Hispanic Employment Advisory Council in the Department
of Central Management Services. Aimed at increasing Hispanic hiring.
Motorcycle Dealers (HB
2508/PA 98-0424): Prohibits
motorcycle manufacturers from requiring motorcycle dealers to use manufacturer
approved floor fixtures for the display of any product that is not a product of
the manufacturer; purchase lighting fixtures that are to be installed in the
dealership only from the manufacturer's approved vendors; or relocate to a new
or alternate facility.
Workplace
Violence (HB 2590/PA 98-0430): Creates the Workplace Violence Prevention Act. Allows an employer
to seek an order of protection to prevent further violence or threats of
violence to an employee. This would be used in cases where the employee has
been threatened or attacked at their place of work or there is a credible
threat of violence at the workplace. This could include cases where domestic
violence spills over to the workplace and cases where a worker is threatened by
a disgruntled customer or former employee, but it also would include instances
where the person making the threat has no connection to either the business or
the employee.
Funeral
Directors (HB 2616/PA 98-0432): Allows an owner who is not licensed under the Funeral Directors
and Embalmers Licensing Code to interact with clients while a licensed funeral
director is present.
Prevailing Wage Records (HB 3223/PA 98-0482): Imposes a number of new burdens on non-union
contractors requiring them (but not union contractors) to track and submit a
significant amount of new information on their certified payroll for work
performed on a public works project. These added reporting requirements will
discourage competition for publicly financed projects, which could be more
costly for taxpayers.
Commercial
Code (SB 2186/PA 98-0498): Brings the state's Uniform Commercial Code into conformance with
the federal Electronic Funds Transfer Act.
Facebook Privacy (SB
2306/PA 98-0501): The bill creates a very narrow exception for employers in the
insurance industry to monitor a business-related social media website created
by an employee. The legislation was needed to allow an employer to access an
employee’s social media account when the employer is required under Illinois
insurance laws or federal law to monitor employee communications.
Home Office Cost Statement Submission (SB 2353/PA
98-0505): Requires corporations that own chains of nursing
homes to submit a copy of the federal Home Office Cost Statement to the Department
of Public Health. Requests for the statement would be accessible under the
Freedom of Information Act.
Wage Claims (SB 1568/PA
98-0527): Increases penalties for
employers that violate the Illinois Wage Payment and Collection Act. Also
expands the Department of Labor’s jurisdiction over claims under the Wage
Payment and Collection Act, including claims of $3,000 or less.
Labor Relations Board
(SB 1830/PA 98-0535): Clarifies
that the Board has the authority, but not the obligation, to set the pay rates
of arbitrators and to establish suspension and dismissal procedures. A recent
audit by the Auditor General found that the Board was required to set fees for
the mediation panel. However, since the Board was created in 1984 it has never
set the fees of the arbitrators. Instead, the arbitrators have always set their
own fees. This would give the Board the ability to continue the current
practice without violating the law.
Mine Electrician Licensure (SB 2255/PA 98-0543): Creates certificates of competency for mine
electricians. Applicants for a
certificate must have at least one year of experience of electrical work in a
coal mine or related industry, and pass an exam. Defines a "qualified mine
electrician" as an individual who has completed the required classroom
instruction from an approved college or university and can produce evidence of
at least one year of experience in performing electrical work in a coal mine or
related industry. The underlying bill was a shell.
Auctioneer/Real Estate
Licensure (SB 92/PA 98-0553): Allows
an auctioneer without a real estate license to perform certain activities
regarding a real estate auction, as long as the auctioneer holds an auction
license and obtains a Real Estate Auction Certification. The bill allows auctioneers
without a real estate license to participate in real estate auctions by
partnering with someone who has a real estate license.
Children and Families
Redeploy Illinois (HB 2401/PA 98-0060): Allows Cook County to participate in the “Redeploy
Illinois” program, and have access to “Redeploy Illinois” funds. Twenty-eight
counties currently participate in the program, which provides financial
incentives to keep youth in the local community rather than commit them to the
Department of Juvenile Justice.
Foster Parents (HB
2659/PA 98-0249): Allows foster
parents and relatives who are caregivers to challenge the Department of
Children and Family Services’ (DCFS) placement of a child or children. Defines
a foster parent to include a relative selected by DCFS to provide care for a
minor. Also allows relatives who have been foster parents for a child to have
input in a return home decision.
Child Support (HB
2473/PA 98-0417): Clarifies that
persons who repeatedly fail to obey court-ordered child support can be jailed
for contempt of court. In 2012, P.A. 97-0848 (HB 5434) enacted protections in
response to people being jailed as a part of collection efforts. Proponents
cast it as preventing people from being incarcerated for unpaid debts, but
neglected to recognize that body attachments are issued for contempt of court,
not for failing to pay debts. HB 2473 fixes one of the unintended consequences
of P.A. 97-0848 (HB 5434).
Adoptions (HB 2809/PA
98-0455): Simplifies legal language
related to foreign and interstate adoptions by Illinois residents, by ensuring
that Illinois’ policies mesh with federal guidelines, and by providing changes
to the adoption appeal process.
Divorce (HB 2992/PA
98-0462): Authorizes a right of
first refusal to care for a minor child (or children) when the parent who has
“parenting time” (i.e. time with the children) will use substitute childcare
for the child (or children). Such an agreement could be reached via
arbitration, collaborative law or a judicial decree. For example, if a
divorced parent would need to send a child to day care or a babysitter, the
other parent would have a right to instead take care of the child during that
time.
Credit Report (HB
3380/PA 98-0486): Allows the guardian of a minor
child or a person with disabilities to request a security freeze on the credit
report of the minor child or person with disabilities. A court order would
be required for the security freeze if the minor is 18 or older.
Abused and Neglected
Children (SB 1207/PA
98-0487): Amends the Abused
and Neglected Child Act, changing the term “subject of a report” to
“perpetrator” in several areas. Also clarifies the time period granted to the
subject or perpetrator to request that a report be removed or a hearing held if
the state does not take action.
Child Protection (SB 1686/PA 98-0532): Modifies the definition of “unfit
person” to allow the use of any nine-month period to show that a parent is not
making reasonable progress to correct problems that are needed before the child
is returned to the home. This will give flexibility in the period of time
that the parent’s behavior is being monitored so that the Department of
Children and Family Services and prosecutors won’t have to wait for a second
nine-month period to pass before seeking to have the parent declared unfit and
proceeding to adoption.
Guardians (SB 1565/PA
98-0568): Allows for the
termination of a short-term guardianship of a minor at the conclusion of
specified judicial proceedings. The termination of such guardianships must
be in the best interest of the minor child. All parties, including the
short-term guardian, must be notified if the court vacates a short-term
guardianship.
Consumers
Condominium Agreements (SB 1606/PA 98-0282): Provides that once a developer turns over ownership to a condominium
association, the condominium agreements can only be amended by a vote of
two-thirds of condominium owners, unless a higher percentage is in the
condominium agreement. However, the higher number could not exceed
three-fourths of all owners.
Housing Cooperatives
(HB 2527/PA 98-0302): Requires an
open meeting and a vote of members prior to the dissolution of a residential
housing cooperative.
No Indoor Tanning for
Minors (HB 188/PA 98-0349): Prohibits
a tanning facility from permitting any person younger than 18 to use tanning
equipment that emits ultraviolet (UV) radiations. Provides for exemptions,
such as devices used to apply chemicals to the skin to achieve a bronze color,
known as a spray-on, mist-on, or sunless tan.
Community Manager Licensure
(HB 595/PA 98-0365): Creates
licensure for a “supervising community association manager.” Community
associations are generally condominium, townhouse and homeowner associations.
Cell Phone Ban (HB
1247/PA 98-0506): Bans the use of
cell phones while driving. Exempts hands-free devices. A first offense will be
considered a non-moving violation. A second or subsequent offense will be a
moving violation recorded on one’s driving record, and it will be a primary
stop offense. Tickets will range from $75 for a first offense to $150 for a
fourth or subsequent offense.
Landowner Liability (SB
1042/PA 98-0522):
Codifies and improves the
statutes as a result of a decision from the Illinois Supreme Court in Hall v.
Henn, which affected landowner liability for people on their land.
Prior to the Hall Case,
state law was adopted that was meant to encourage property owners to make land
and water areas available to the public for recreational or conservation
purposes by limiting their liability toward persons entering thereon for such
purposes. In the Hall case, Tim and Sue Henn built and maintained a sled run on
their property. The Friel family asked if they and the Hall family could
use the sled run. During the use of the run, Ellen Hall was knocked
unconscious, fractured her arm, and tore a ligament in her knee on some icy
steps leading to the top of the run. When Ellen Hall sued, the lower
circuit court ruled in favor of the landowners.
However, on appeal to the
Supreme Court, Hall argued to the Court that the legal protections to
landowners should be limited to circumstance in which the land is held out to
the entire public at large for all recreational purpose. According to the
plaintiff, the Act should not immunize a landowner if a specific person requested
permission prior to the use of the land for a recreational purpose. With a
tortured construction of the word “public” and expressing concern over the
broad scope of the Act, the Supreme Court ruled that the Act would be limited
in a manner argued by the plaintiff.
The bill extends liability
coverage to landowners who open their property to the public, and expands the
number of covered activities the public may engage in while on the landowner’s
property. This coverage does not extend to landowners who open their property
to only invited guests.
Meth Lab Mobile Homes
(SB 2101/PA 98-0540): Requires
that owners and operators of mobile home parks must tell a potential buyer if a
unit was used as a methamphetamine lab. Applies only in cases where police or
other law enforcement officials have informed the mobile home park operator
that the home was used as a meth lab. Also requires the potential buyer to
notify the mobile home park operator that he or she intends to purchase the
home.
Reloadable Fund Cards
(SB 1829/PA 98-0545): Requires the
issuer of a reloadable funds card (such as a reloadable pre-paid debit card) to
disclose fees to the consumer in written or electronic form upon issuance.
Prior to purchase of card, fee disclosures may be verbally explained to the
consumer. Specifies disclosure requirements, disclosure formatting, required
disclosures to be on the card, and federal Electronic Fund Transfer Act
compliance provisions.
Crime, Courts,
Corrections and Law Enforcement
Flash Mobs (SB 1005/PA 98-0014):
Provides that using electronic
communications to solicit or commit the offense of mob action may be used by
the court to impose an extended term sentence upon conviction. Addresses the
growing problem of social media and electronic communication being used to
gather a “flash mob” to commit batteries, robberies and thefts.
Juvenile
Court (HB 2404/PA 98-0061): Would require 17-year-olds charged with most felonies to be
charged in juvenile court rather than adult court. Would not apply to a number
of violent felonies including first degree murder, aggravated criminal sexual
assault, aggravated battery with a firearm; armed robbery committed with a
firearm; aggravated vehicular hijacking with a firearm or the sale or
possession of certain weapons on school property. Any felony would still be
eligible to be sent to adult court following a hearing in juvenile court.
Juvenile
Supervision (HB 3172/PA 98-0062): Amends the continuance under supervision section of the Juvenile
Court Act to track the procedure followed in adult criminal court. This allows
a judge to place a minor on supervision after adjudication, while protecting
the State’s Attorney’s right to object to supervision before going to trial.
Unlawful Clouding of
Title (HB 2905/PA 98-0098): Increases
the penalty for unlawful clouding of title from a Class A misdemeanor to a
Class 4 felony. Unlawful clouding of title is an apparent claim or encumbrance,
such as a lien, that, if true, impairs the right of the owner to transfer his
or her property free and clear of the interests of any other party. The Class 4
felony penalty increase would apply for a second or subsequent offense or if
the cloud on the title has a value that exceeds $10,000.
Drunken Boating (SB
1479/PA 98-0103): Applies
implied-consent laws to boating by providing that any person who operates a
motorboat and who has been involved in a fatal accident or accident with
serious injuries is assumed to have given consent for a blood alcohol test.
Vacating Convictions
(HB 821/PA 98-0133): Clarifies and
streamlines the procedure for a petitioner who has been granted a certificate
of innocence after having been found actually innocent. The bill allows the
court making the finding of actual innocence to issue a certificate, rather
than requiring another court appearance.
Sealing of Felony
Offenses (HB 3061/PA 98-0142):
Significantly expands the classes and types of felony offenses that can be
sealed under current law. This will prevent employers from being able to access
the criminal history of those with serious offenses in their background. Among
the offenses that could be sealed would be Class 3 and Class 4 felony
conviction records for theft, retail theft, deceptive practices, and forgery.
Passport Confiscation
Crimes (SB 39/PA 98-0143): Provides that a judge shall (1) order the
confiscation of a person's passport or (2) impose travel restrictions for any
defendant arrested for first degree murder or other "violent crime",
if the judge determines that this will reasonably assure the appearance of the
defendant. Though the bill as introduced
applied to only non-U.S. citizens, as amended the bill allows a judge to
confiscate the passport of both citizens and non-citizens. This bill is similar to legislation
introduced last year in reaction to a series of articles in the Chicago Tribune
citing nearly a dozen instances in which suspects charged with murders, rapes
and other violent crimes have fled American jurisdiction to avoid prosecution.
Child Abduction
Evidence (SB 1814/PA 98-0160): Allows
evidence of prior offenses of child abduction that involve the luring of a
child to be introduced in a trial to prove a propensity of the defendant.
House Arrest (SB 1854/PA 98-0161): Allows a person who is sentenced to jail on a
misdemeanor or probationable felony to be considered committed to the custody
of the Sheriff and may serve their sentence at home, i.e. “house arrest,”
through an electronic home detention program under the terms and conditions of
the Sheriff.
Second Chance
Prohibition (HB 3010/PA 98-0164):
Creates a "Second Chance Probation" program that allows for many
felony offenses to be removed from the offender's record as soon as five years
after the convict successfully completes the terms of probation. The probation
is only available if both the defendant and the State's Attorney consent. It is
not available on violent offenses.
Patricia’s Law (HB
1010/PA 98-0169): Creates
"Patricia's Law,” prohibiting a trial judge from giving court supervision
for offenses arising under the Illinois Vehicle Code or similar local ordinance
if the violation was the proximate cause of the death of another person. This
legislation is in direct response to the Patricia McNamara tragedy where she
was killed by a distracted driver, who rammed into her car after running
through a stop sign. The driver, was fined and sentenced to court supervision,
which means no conviction will appear on his record. The prohibition against
court supervision in a fatal traffic accident only applies when the defendant's
driving abstract contains a prior conviction or supervision for a moving
violation or a suspension, revocation, or cancellation of his or her license.
Anatomical Gifts (HB
2339/PA 98-0172): Brings Illinois
into compliance with federal law and would refine various definitions within
the Act.
Sex Offense Statute of
Limitations (HB 1063/PA 98-0379): Allows
for an unlimited statute of limitations in felony sex offenses where the victim
is under 18, but only in cases where there is corroborating physical evidence
is available or an individual who is required to report an alleged or suspected
commission of any of these offenses under the Abused and Neglected Child
Reporting Act fails to do so.
Domestic
Battery Penalties (HB 958/PA 98-0187):
Increases the penalty for domestic battery to a Class 3 felony if the defendant
has three prior convictions under the Code for domestic battery and to a Class
2 felony if the defendant had four or more prior convictions under the Code for
domestic battery. This is an initiative to increase the penalty for individuals
repeatedly convicted of domestic battery charges and prevent judges from
imposing lighter sentences, such as probation or conditional discharge, in
recurring cases of domestic violence.
Crimes
Against Police (HB 2893/PA 98-0263): Creates an alert system called the “Crimes Against Police
Officers Advisory,” administered by the State Police, to send out alerts when
an offender is at large who is suspected of committing or attempting to commit
crimes against a police officer. It would be similar to other emergency alert
systems, such as child abduction alerts.
Residential Arson (HB
3011/PA 98-0265): Allows for
the offense of residential arson to be commenced at any time, rather than
within 3 years after the commission of the offense as stipulated in current
law.
Sex Offender
Prohibitions (HB 3023/PA 98-0266):
Prohibits a child sex offender from being present in a playground or recreation
area within any publicly accessible privately owned building when children are
present unless the offender is a parent or guardian of a child there. This
would include places such as the play area at McDonald's.
E-notification of
Felony Release (HB 3029/PA 98-0267): Allows
for the electronic notification of any release of any person who has been
convicted of a felony to the appropriate State’s Attorney, sheriff, law
enforcement agency, or public housing agency if they have provided the
Department of Corrections with an accurate e-mail address.
Eavesdropping (HB
3038/PA 98-0268): Aligns civil
remedies for eavesdropping with the criminal violation by including “electronic
communications.” The bill is intended to shield certain legitimate conduct (the
exercising of parental rights and the gathering of news by journalists) from
subjecting the person to civil liability for eavesdropping.
Statute of Limitations
for Civil Child Sex Abuse Cases (SB 1399/PA 98-0276): Provides that a civil case based on childhood
sexual abuse may be commenced at any time.
DUI
Blood Test Reimbursement (SB 1849/PA 98-0292): Allows reimbursement up to $500 for costs
associated with a blood test when a person refuses to submit to a breath test
when a defendant is found guilty or pleads guilty to a DUI. The goal is to
defray the costs of employing a medical professional to perform the test. Also
requires a police officer to request a blood draw if he or she suspects that a
motor vehicle driven by or in actual physical control of a person under the
influence of alcohol or drugs has caused the death or personal injury to
another.
Unauthorized Video
Recording (SB 1851/PA 98-0293): Provides
that prosecution for the offense of unauthorized video recording may be
commenced within one year after the discovery of the offense by the victim of
that offense. This is to allow for the prosecution of offenders in cases
where the victim discovers the offense after the general limitations period has
run. In many cases the victim may not become aware of the offensive
videotaping at the time of the offense or even during the general limitations
period. These illegal videos and photographs can turn up years later to haunt
victims.
Damaging a Grave (SB 2231/PA 98-0315): Enhances penalties for criminal damage (and
defacement) to property if the property damages or defacement is made to
graves, gravestones, or markers that memorialize or honor a person or group,
including police officers, fire fighters, veterans, or historic figures.
Contractor Violations
(HB 922/PA 98-0328): Allows the
Department of Labor to bring an action against a contractor up to five
(currently two) years after a violation of the Prevailing Wage Act is alleged
to have occurred. Requires contractors and subcontractors who participate in
public works projects to keep records for five (currently three) years
from the date of the last payment. Requires a public body to keep records for
five (currently three) years. Authorizes contractors to retain records in
electronic (currently paper) format.
Nicotine Sales to Youth (SB 1756/PA 98-0350): Prohibits the sale of alternative nicotine products
to persons under age 18, such as electronic cigarettes that contain nicotine.
Cash Register Crime (HB
49/PA 98-0352): Provides that any
person who knowingly sells, purchases, installs, transfers, possesses, uses, or
accesses any device or software meant to falsify electronic cash register
records is guilty of a Class 3 felony.
Tasers (HB 131/PA
98-0358): Requires police training
in the use of tasers. Also would require random inspections of police
departments concerning their use of tasers, with a subsequent report to be
given to the Governor and General Assembly, along with any legislative
recommendations.
Child Pornography Fines
(HB 181/PA 98-0359): Allows the State Police to receive all or part of the fine collected for
child pornography charges if the agency investigated or assisted in the
investigation of the crime.
Nurse
Protections (HB 801/PA 98-0369):
Provides that the battery of a nurse while in the performance of his or her
duties is enhanced to an aggravated battery (Class 3 felony). Under current
law, battery of a nurse would not be an aggravated battery and would therefore
be a Class A misdemeanor.
Sexual Assault (HB
804/PA 98-0370): Expands the
definition of “sexual penetration” to include acts where a perpetrator forces
the victim to use his or her hands on his genitalia for sexual gratification or
the perpetrator uses his or her hands on a male victim’s genitalia. In
addition, creates the offense of failure to report sexual abuse of a child.
Also includes an act in the "predatory criminal sexual assault of a
child" statute to includes contact, however slight between the sex organ
or anus of one person and the part of the body of another if the accused is 17
years or older and the victim is under 13 years of age. This legislation was
introduced in response to the Penn State football sex abuse scandal where the
assistant coach sexually abused minors on the university campus for years,
despite the fact employees were said to have witnessed the abuse and didn’t
report the actions. The bill also provides specifications about other illegal
sexual acts that were not initially included in the definition of sexual
penetration.
Victim Statements (HB
827/PA 98-0372): Requires
States Attorneys to inform crime victims or their families of the right to make
a victim impact statement at a sentencing hearing. Designed to assure that all
family members know they have a right to make a statement.
Court Fee (HB 830/PA
98-0373): Adds service, process
and court costs to those cost that can be included in an additional fee of 30%
that can be charged on top of the 30% fee that can already be charged against
an offender for unpaid fines, fees, costs, restitution, judgments, etc. No more
than 1/3 of the 30% additional fee charged to the offender (10%) can be paid to
a collection agency.
Electronic Tracking
Prohibition (HB 1199/PA 98-0381): Provides
that a person or entity may not use an electronic tracking device to determine
the location or movement of a person. The idea is to prevent stalkers, spouses
and other individuals from putting a tracking device on another individual’s
car without their consent.
Recording Crime
Enhanced Penalties (HB 1309/PA 98-0385): Enhances a misdemeanor battery to a felony
aggravated battery when it is recorded with the intent to disseminate the
recording. Allows for an extended term sentence when a defendant commits any
felony and knowingly records it with the intent to disseminate the recording.
This legislation was introduced in response to a situation in which a
62-year-old woman was beaten to death by a group of individuals who allegedly
attacked the victim for the purpose of making a video of the attack, which they
immediately posted online.
Sex Crime Victims (HB
2471/PA 98-0416): Allows the
victim of a sex crime to be identified by initials or description in court
documents to protect the victim’s identity.
Child Pornography (HB
2647/PA 98-0437): Provides that
the possession of each individual film, videotape, photograph, or other similar
visual reproduction or depiction by computer in violation of the child
pornography statute constitutes a single and separate violation. Also provides
a narrow carve-out in the mandatory consecutive sentencing provisions for
possession of child pornography where the child depicted is over the age of 13
to avoid the problem of disproportionate sentencing due to mandatory
consecutive sentencing.
Sexual Assault (HB
3128/PA 98-0476): Modifies the provisions prohibiting men who father a child through sexual
assault or sexual abuse in order to: deny visitation or custody if found to
have committed an act of non-consensual sex in fathering the child (currently
must have a conviction of a sex offense in fathering the child); allow the
mother or guardian of the child to decline support and maintenance obligations
from the father; deny the father inheritance rights from the child without
mother's consent; deny visitation to the father's immediate family; and allow
the mother to use the non-consensual sexual conduct to deny custody or visitation.
Cell Phone Penalties
(HB 2585/PA 98-0507): Increases
the penalties in accident cases where the individual is texting, using a cell
phone or watching a video device, and that action is determined to have been a
cause of a crash that results in an injury or death.
Criminal Interrogations
(SB 1006/PA 98-0547): Requires
interrogations of the following criminal charges to be video- recorded (for
both minors and adults):
- predatory criminal sexual assault of a child;
- aggravated arson;
- aggravated kidnapping;
- aggravated vehicular hijacking;
- home invasion;
- aggravated battery;
- aggravated criminal sexual assault; and
- armed robbery.
Any statement of the
accused taken during an interrogation that has not been recorded is
inadmissible at trial. Current law does not allow police to record any
interrogation other than for charges of homicide or driving under the influence
that resulted in death of another person.
Civil Suit Settlements
(SB 1912/PA 98-0548): Creates
penalties and deadlines for failure to promptly pay an agreed-upon settlement
in civil suits. The payment must be made within 30 days or the court may issue
a judgment that would include any additional costs incurred in obtaining the
judgment, and interest at the statutory rate. Opponents raised concerns about
why this measure is needed, since it only applies to cases that have been
settled and presumably, that settlement would already include an agreement on
the payment of damages. Concerns were also raised that the measure, while being
portrayed as optional, is in fact mandatory because it places the penalties and
deadlines into state law. Most employer groups were opposed to the measure and
raised concerns that it further damages Illinois fragile business climate.
Criminal Record Removal
Fee (SB 115/PA 98-0555): Amends
the Consumer Fraud and Deceptive Business Practices Act to provide that it is
an unlawful practice for any person engaged in publishing or otherwise
disseminating criminal record information through a print or electronic medium,
to solicit or accept the payment of a fee or other consideration to remove,
correct, or modify said criminal record information.
Civil Code (SB 1044/PA
98-0557):
Amends several technical portions of
the Civil Code of Procedures dealing with collections, garnishments and revival
of judgments.
Pilot Program for Youth
Offenders (SB 1192/PA 98-0558):
Makes permanent and statewide the Aftercare Pilot Program for Youth Offenders.
The program is intended to make sure the Department of Juvenile Justice can continue
to provide case managed supervision, post-treatment and services to paroled
youth. Depending on their offense, the parolee would be placed in any of
several programs, including substance abuse treatment, family counseling, and
alternative placements. The Pilot Program has been operating only in Cook,
DuPage, Lake, Will and Kane counties. This bill would expand the program to all
102 Illinois counties.
Drone Restrictions (SB
1587/PA 98-0569): Prohibits law
enforcement from using drones to gather evidence or information, except when
authorized by a search warrant or in specifically enumerated emergency
situations. Requires evidence be destroyed after 30 days unless part of an
ongoing crime. Requires annual reporting.
County Inmate Transfers
(SB 1843/PA 98-0575): Seeks to ensure
that the correct county is reimbursed for the fees associated with the transfer
of a juvenile offender by defining “transfer case” in the Probation and
Probation Officers Act. Clarifies
that jurisdiction over an offender may be transferred between circuit courts in
Illinois; the probation department within the transfer jurisdiction may impose
probation fees upon receiving the offender; and after the transfer has
occurred, all probation fees must be paid to the probation department in the
jurisdiction that has received the transfer (not the original jurisdiction).
Arrests Outside of Jurisdiction (SB
1852/PA 98-0576): Allows peace
officers to conduct temporary questioning or make an arrest outside of their
jurisdictions, if the officer is engaged in the investigation of criminal
activity that occurred in the officer’s primary jurisdiction and the temporary
questioning or arrest relates to, arises from, or is conducted as part of that
investigation. This was an initiative of the DuPage County State’s Attorney in
response to a court decision that ruled that, unless officers see offenders
commit an offense in their jurisdictions, they can’t rely on the information
they receives from officers in another jurisdiction to make the arrest.
Previously, the law had been that when police officers are working together,
knowledge of each is knowledge of all for determining whether an arresting
officer had probable cause to arrest a defendant.
Courtroom Skyping (SB
1968/PA 98-0579): Permits foundational
testimony business records to be introduced as evidence in open court through
contemporaneous audio and video transmission, such as Skype, from out of state.
Education
Gangs in Schools (HB
2768/PA 98-0059): Adds illegal use
or possession of weapons and illegal gang activity to the list of criminal
actions that require a principal to call on law enforcement agencies when the
safety and welfare of students and teachers are threatened. This is already
required in Chicago, but current law only states that it is the responsibility
of the principal to use proper law enforcement agencies when the safety and
welfare of students and teachers are threatened by illegal use of drugs and
alcohol in school districts outside Chicago. HB 2768 also specifically includes
illegal gang activity as a criminal offense for which courts and law
enforcement agencies must report to the principal of a public school whenever a
student has been detained.
Student
Online Privacy (HB 64/PA 98-0129):
States that a post-secondary school cannot request or require a student (or his
parent/guardian) to provide any account information, including passwords, in
order to gain access to social networking sites. However, this does not apply
when a post-secondary school has cause to believe that a student's account on a
social networking website contains evidence that the student has violated
school disciplinary rule or policy. Also requires elementary and secondary
schools to provide notification to students and their parents that they have the
ability to request or require account information, including passwords, in
order to gain access to social networking sites, if the school has reasonable
cause to believe that the student's account contains evidence that the student
violated disciplinary rules or policy.
The notification must be published in the disciplinary rules, policies
or handbook.
Zion School District
(HB 160/PA 98-0131): Introduced to benefit Zion Elementary School District #6, this measure
would give school districts more flexibility to access a dedicated Tort
Immunity Fund and use the funds for educational purposes only. Applies only
under certain conditions, requires a public hearing and expires in 2016.
Community Colleges (HB
3067/PA 98-0269): Adds an
exemption to the lowest responsible bidder requirement for community colleges
for contracts for the purchase of perishable foods and perishable beverages.
This will bring the community colleges in line with public universities and
K-12.
Bring Parents to School
Day (HB 129/PA 98-0304): Creates a
"Bring Your Parents to School Day" on the first Monday in October of
each year. Allows a school board to permit the parents or guardians of students
to attend class with their children and meet with teachers and administrators
during the school day.
Teacher Basic Skills
(HB 490/PA 98-0361): Requires
applicants seeking a Professional Educator License to pass a test of basic
skills before the license is issued. Also requires that all applicants
completing Illinois teacher education programs must pass the basic skills test
prior to starting their student teaching or starting the final semester of
their internship, unless it is required earlier by the institution.
Sex
Education (HB 2675/ PA 98-0441) This bill requires that all school districts that provide sex
education courses must use an approved curriculum chosen by the State Board of
Education. School districts have the option to not offer sex education, but if
they do, it must be "comprehensive" and approved by the state. Opponents
raised concerns that the decision as to what is an appropriate curriculum would
be taken away from local school boards and given to the state. Concerns were
also raised that this would actually discourage some school districts from
providing sex education because the state-mandated curriculum may not be
considered appropriate by the local school district.
Training to Identify
Mental Illness (HB 3070/ PA 98-0471):
Requires that school guidance counselors, teachers, school social workers, and
other school personnel who work with pupils in grades 7 through 12 be trained
to identify the warning signs of mental illness and suicidal behavior (instead
of just suicidal behavior).
Bacterial Meningitis Immunization (HB
3190/ PA 98-0480)): Requires DPH to adopt a rule requiring
students to receive a bacterial meningitis immunization upon entrance of 6th
and 12th grade.
School Board
Evaluations/Dismissals (SB 1762/ PA 98-0513): Amends the School Code
and Illinois Educational Labor Relations Act consistent with the language,
intent and implementation of SB 7 by clarifying 1) the collective bargaining
public posting process under which each party’s latest proposal is posted for
public view, 2) attainment of contractual continued service for a teacher in a
new school district, 3) date when school district waivers from statutory
evaluation ratings terminate and 4)
establishment of list of teachers, placement of part-time teachers and required
annual meeting of district committee regarding honorable dismissals through
reduction in force. Also makes several
grammatical changes.
Election Issues
17 Year-Olds Vote in Primary (HB 226/ PA 98-0051): Allows a 17
year-old who will be 18 years old by the general election to vote in the
preceding primary election.
Energy/Utilities
Water Rate Hikes (HB
576/PA 98-0191): Spells out
notice requirements for water and sewer utilities with greater than 15,000
total customers when a rate hike occurs.
Electric Aggregation (HB 1745/PA-0404): Makes it clear that
County electric aggregation only applies to unincorporated areas and does not
apply to city areas that have already adopted aggregation via referendum. This
was the intent of the original law in 2009 (HB 722/PA 96-176).
Utility Market
Settlement Services (SB 105/ PA 98-0554): Creates new Market Settlement Services for electric utilities with
rules and regulations that allow an electric utility to provide unbundled power
to large retail customers (400 KW or over) that are not served by that
electric utility. An electric utility (ComEd or Ameren) providing a Market
Settlement Service shall be permitted to recover its reasonable and prudent
initial implementation and start-up costs from these customers. The measure
includes a settlement agreement between RESA (Retail Energy Suppliers Association)
and ComEd from a ComEd rate case in which ComEd agreed to reform its
cancel/re-bill procedure. ComEd believes it needs statutory authority to
effectuate these changes.
Exelon
Decision Cleanup (SB 2243/PA 98-0583): This would return the treatment of electricity, water, and gas
and their producers to the pre-Exelon decision status quo and not
subject electricity, water, and gas to the imposition of sales tax.
Environment
Composting Pilot Permits (SB 850/PA 98-0146): Allows the
Illinois Environmental Protection Agency to issue an 18 month pilot permit to
two waste transfer stations in Elgin and Stickney to allow them to accept
landscape materials and food scrap for composting.
EPA Permits
(HB 2036/PA 98-0237):
Requires the Illinois Environmental Protection Act (IEPA), by January 1, 2014,
to maintain permit-related information on its website, including a yearly
report detailing the number of permits received and issued by IEPA, and the
average number of days for permit issuance.
Asphalt
Shingle Recycling (SB 1925/PA 98-0296): Allows the Illinois Environmental Protection Agency to
revoke Beneficial Use Determination permits for unlawful asphalt shingle
recycling practices. Beneficial Use
Determinations are permits authorized by the IEPA that allow waste materials to
be recycled or otherwise used in a way that is beneficial to health and the
environment.
Littering Fine (HB
3081/PA-0472): Amends the Litter Control Act to add a minimum fine of $50 for littering.
Cigarettes = Litter (HB 3243/PA 98-0483): Includes cigarettes in the definition of “litter,” so people could be
fined for inappropriately disposing of their cigarette butts.
Disposal
of Asphalt Roofing Shingles (SB 2226/PA 98-0542): States landfills cannot accept for disposal load
of whole or processed asphalt roofing shingles (unless commingled with other
construction material) if they are located within a 25 mile radius of an
asphalt shingle recycling center. Additionally, requires the recycling centers
to submit reports on the amounts of shingles received in a calendar year to the
EPA. Landfills are neutral on the amendment.
Ethics and Transparency
Community Associations
(HB 1773/PA 98-0232): This was
requested by the Illinois Lake Community Association to clarify that a Common
Interest Community Association cannot enter into a contract with a current
board member or with a corporation for which a board member or member’s family
controls 25% of the corporation’s interests.
Lobbyist Disclosure (HB
2943/PA 98-0459): Requires that
lobbyists that have another lobbyist as a client must disclose the name and
address of the ultimate beneficiary of their lobbying efforts. Also provides
that expenditure reports must include the ultimate beneficiary of the
expenditures made if one lobbyist has another lobbyist as a client. In recent
years it has become increasingly common for lobbyists working on major issues
to contract with other lobbyists to assist them. This can create a confusing
and difficult to decipher chain, where a lobbyist "A" lists that he
or she is lobbying on behalf of lobbyist "B," who in turn is
registered as lobbying on behalf of lobbyist "C." Without following
that chain, it can be difficult to determine what clients of lobbyist
"C" are actually also the clients of lobbyist "A."
Ethics and State Grants
(SB 2380/PA 98-0588) Grant
recipients cannot use any funds for prohibited political activity. This grew
out of a Cable
News Network investigation into the Neighborhood Recovery Initiative, which
found, among other things, that grant funds handed out prior to the 2010
election were used to pay teens to walk in a parade, clearly a political
activity, with Governor Quinn shortly before the 2010 election.
Gaming
Electric Charity Raffle Games (HB 1140/PA 98-0111): This
legislation attempts to clarify that electronic charity raffle games are not
considered a video game under the Video Gaming Act. In some towns, players pay
bartenders to add credit onto the game machines and then cash out the
winnings—designated charities receive a percentage of the money. Currently
these machines are legal under the Illinois Raffles Act.
Expansion of Charitable
Games (HB 996/PA -0377): Expands
the Charitable Game Act to:
- Increase the number of games which an operator
can manage from four to 12;
- Expands the maximum number of events that may
be held in any one location to one per month (currently eight per year);
- Increases the maximum bet from $10 to $20 on a
house banked game;
- Increases the size of potential cash winnings
by a single participant from $250 to $400;
- Clarifies that an unlimited amount of noncash
prizes may be awarded to a single winner;
- Allows a municipality to provide 48 (rather
than 16) charitable games nights a year on its premises;
- Increases the tax paid to 5% of net proceeds
of the charitable games (currently 3% of the gross proceeds);
- Gives the Gaming Board the discretion to
contract with more than one independent outside testing laboratory to do
the examination of gaming machines and associated equipment.
Defibrillators
at Race Tracks (HB 2506/PA 98-0423): Requires that horse race tracks have at least two automated
external defibrillators (AEDs) that are in operation and accessible when
backstretch workers are present at their racing facilities. One AED must
be placed in the paddock of their racing facility and one AED must be placed on
the backstretch of the racing facilities.
Health and Human
Services
DPH Disclosure
Requirement Change (SB 1321/PA-0087):
Establishes that the Illinois Department of Public Health (DPH) is no longer
required to disclose information on the stages of presentation and the
diagnostic and treatment status information from the Prostate and Testicular
Cancer Program in the Department’s Annual Report.
Illinois Diabetes
Commission Reports (HB 2199/PA 98-0097): Requires the State Diabetes Commission to submit a
report to the General Assembly every other year. Would require the Department
of Healthcare and Family Services (HFS) to cooperate with DPH to implement
recommendations from the committee report.
Medical Marijuana (HB 1/PA 98-0122): Establishes the "Compassionate Use of Medical
Cannabis Pilot Program Act." The
Act authorizes a registered qualifying patient who has been issued a registry
identification card by the Department of Public Health to possess up to 2.5
ounces of cannabis during a 14 day period.
A patient may not possess more than 2.5 ounces at any one time.
Opponents pointed out that
no local, state or federal law enforcement supported the measure; that the
legislation conflicts with federal law; and that marijuana's role as a gateway
drug is well documented.
The bill establishes
distributing criteria for cultivation centers and requires them to be
registered by the Department of Agriculture.
The Department of Agriculture may approve up to 22 licensed marijuana
growers, but no more than one per State Police District. Stipulates that cultivation centers may only
provide medical cannabis to dispensing organizations whose purpose is to
dispense cannabis and paraphernalia to qualified patients.
Dispensing organizations
are to be registered by the Department of Financial and Professional Regulation
(IDFPR). IDFPR may approve up to 60
dispensaries. Specifies certain
qualifying diseases and illnesses, but does not include a general eligibility
for chronic pain or nausea. Provides
framework for employer regulation and discipline for use of cannabis in the
workplace, and outlines that a patient may not drive while under the influence
of medical cannabis. Creates a new
provision allowing for field sobriety tests to be administered and admissible
in court.
Prisoners and Medicaid
(HB 1046/PA 98-0139): Authorizes
prisoners to apply for medical assistance at any time prior to their scheduled
release (rather than 30 days). One reason for this is to assure that when
prisoners are released and become eligible to receive Medicaid, the state
qualifies for the maximum available federal match.
Dental Assistant Anesthetic Administration (SB
1217/PA 98-0147): Allows dental
assistants to monitor nitrous oxide and general anesthetic. A dentist may supervise a maximum of four
dental assistants at a time for the monitoring of nitrous oxide.
Advanced
Practice Nursing (HB 1052/PA 98-0192): Provides an advanced practice nurse shall not be
prohibited from providing primary health care or treatment within the scope of
his or her training and experience. This language provides more flexibility and
access to advanced practice nurses' services.
Physician Discipline
Files (HB 1327/PA 98-0210):
Requires physician profiles maintained by the Dept. of Financial and
Professional Regulation must contain a description of any criminal convictions
for felonies and Class A misdemeanors within the last 10 years, rather than the
current five years.
Mental Health Records (HB 1458/PA 98-0221): This measure would allow an individual to consent
to the release of his or her own mental health records. It would also clarify
that the custodian of a mentally ill person can seek a court order to have the
individual transported to a mental health facility. Current law only allows for
transfer to a hospital.
Illinois ADA Update (HB 1462/PA
98-0224): Brings Illinois’
accessibility requirements for the disabled in line with the 2010 Americans
with Disabilities Act.
Health Care Worker
Badge Requirement (HB 2452/PA 98-0243): Requires all health care facility workers who examine or treat a
patient in Illinois to wear an ID badge with first name, licensure, and staff
position. Current law requires this only from health care facilities licensed
in Illinois. New bill would cover all facilities.
Flu Shots (HB 3191/PA
98-0271): Requires hospitals
in the state to offer flu shots to all patients admitted from Sept. 1 to April
1 each year.
Epilepsy Deaths (SB 1226/PA 98-0340): Requires all autopsies in the state to include an
inquiry as to whether the death was the result of a seizure or epilepsy. Also
creates a definition of Sudden Unexpected Death in Epilepsy (SUDEP.)
AIDS/ARC/HIV School Reporting Repeal
(HB 61/PA-0353): Repeals
language requiring the Illinois Department of Public Health or local health
departments to report cases of AIDS, ARC, or HIV to the school an infected
child attends.
Infectious Medical
Waste (HB 702/PA 98-0366): Affects the handling of “potentially infectious
medical waste” (PIMW), to grant an exemption for "sharps" (for
example needles or blood testing pins) that are packaged before being disposed
of, so that they are non-potentially infectious. Currently, sharps are excluded
from the definition of the term “potentially infectious medical waste” (PIMW)
if their infectious potential is eliminated through treatment and they are
rendered unrecognizable by that treatment. Once PIMW has been treated and the
sharps have been packaged properly, they can be placed in a landfill.
Funds from Facility
Closures (HB 1683/PA-0403):
Whenever a state-operated mental health or developmental disability facility is
closed, the Department of Human Services (DHS) is required, at the direction of
the Governor, to transfer funds from the closed facility to the appropriate
line item for the new venue of care, provided the new venue is a DHS- funded
provider.
Cancer Disability (HB
1809/PA-0405): Expands the
definition of disabled within the vehicle code to include persons whose ability
to walk is severely limited due to cancer.
HFPB Jurisdiction
Exemption (HB 2423/PA 98-0414):
Exempts doctors working under a contract with a facility from the jurisdiction
of the Health Facilities Planning Board (HFPB). Requires that the HFPB must
adopt rules changing its category of services.
Trafficking Tattoo Removal
Reimbursement (HB 2640/PA 98-0435): Provides that victims of human trafficking
may be reimbursed the cost of removing a tattoo that was applied in connection
with the commission of human trafficking. Out of State Transfers (HB 2760/PA 98-0448): Would allow an out of state physician to oversee and direct home care services for patients living in Illinois while a patient is transitioned to an in-state doctor. Would allow 90 days for the transition.
Childhood Cancer
Research (HB 3003/PA-0464): Creates the Childhood Cancer Research Advisory
Board to review grant applications and make recommendations to the Illinois
Department of Public Health in the awarding of grants for childhood cancer
research. Prohibits members of the board from being paid or receiving
reimbursement for expenses.
New
Americans (HB 3047/PA 98-0467): Creates the Governor’s Office of New Americans, aimed at helping
immigrants assimilate into society.
Breast Cancer Reconstructive Surgery
Info (HB 3175/PA-0479):
Requires the Department of Public Health (DPH) to establish a program to inform
breast cancer patients, especially minorities and ethnicities, of availability
and coverage of breast reconstruction, prosthetics, and other options available
through surgery.
Breast Cancer Brochure (SB 2314/PA-0502): Requires
the Department of Public Health to publish information about the impact and
concerns surrounding dense breast tissue in the breast cancer brochure the
Department currently publishes and distributes.
Human Service Provider
Protection (SB 1609/PA 98-0529): Makes it a Class 3 felony to make a threat
to a human services provider involving bodily harm, sexual assault,
confinement, or restraint; as well as any threat that damage will occur to
property. The threat must be linked to the duties of human service provider.
Applies to social workers, case workers, or investigators that work under
a contract or grant from the Department of Human Services, the Department of
Children and Family Services, the Department of Healthcare and Family Services,
or the Department on Aging.
Local Government
Ambulance
Service Funds (HB 438/PA 98-0199): Allows counties with a population between 8,400-9,000 to use
funds that come from an ambulance service levy for 911 services if voters
approve this use through referendum. Hamilton County currently levies an
ambulance tax, but does not provide a countywide ambulance service and would
like to use the funds for 911 services.
Local Bonds (HB 983/PA
98-0203): This bill would make it
easier access for taxpayers to seek backdoor referendums in cases where local
governments wish to propose alternative or “double-barreled” bonds. The
bill would apply to local governments with less than 500,000 in population. A
referendum would be required if sought by 7.5% of registered voters or 200
registered voters, whichever is less. Extends the time allotted for taxpayers
to secure a backdoor referendum from 30 days to 45 days.
CMS Date Collection (SB 1670/PA
98-0283): Would
require Central Management Services (CMS) to distribute a spreadsheet to each
State agency to facilitate the collection of data on the State's annual
workforce characteristics, workforce compensation, and employee mobility. CMS
would be required to annually make the data received from each State agency
available on the Illinois Transparency and Accountability Portal (ITAP) or
another open data site.
Errors by Tax
Collectors, Due Dates (SB 1737/PA 98-0286): Requires that if a county collector sends a separate bill for the
arrearages of taxes due, as a result of an administrative error on the part of
the county, the bill may be due no sooner than 30 days after the due date for
the next installment of taxes.
Local Government
Investment (SB 1950/PA 98-0297):
This is a proposal of the Illinois Metropolitan Investment Fund (IMET), which
pools money from local governments and invests them in investments permitted
under statute. This would allow IMET to buy local and state government
bonds for its pooled investment fund for all types of local governments
(currently, just municipalities and counties).
Water Infrastructure
(SB 1869/PA 98-0330): Updates
language in the state’s Municipal Code to allow cities and villages to
construct, and maintain storm sewers, detention basins and retention basins
(currently drains, ditches, levees, dykes, pumping works, and machinery).
An amendment allows construction of “green infrastructure” including green
roofs, rain gardens, bioswales, tree boxes, porous pavement, porous pipe
systems, native plantings, constructed wetlands, and cisterns. Cities and
villages may also acquire land to manage runoff by infiltration,
evapotranspiration, or collection.
Sanitary District
Appointments (HB 2239/PA 98-0407) Amends the
Sanitary District Act of 1917. In the event that an appropriate appointing
authority fails to appoint a trustee, the appointing authority will reconvene
and appoint a successor on or before July 1 of that year.
Municipal Finance (SB 2339/PA 98-0504): Designed to protect municipalities that utilize joint
insurance pools. The
measure requires joint
insurance pools to annually file a certification with the Director of Insurance
by an independent actuary, guaranteeing that the pool’s reserves are in
accordance with sound loss-reserving standards and are adequate for the payment
of claims. Grants the Director of
Insurance expanded regulatory oversight of joint self-insurance pools and
requires.
Pensions and Retirement
Benefits
Roth IRA (SB 1534/ PA 98-0491): Allows state employees with a deferred compensation
plan to also participate in Roth IRA plans. The bill also instructs the
Department of Central Management Services and local governments to allow
designated Roth IRA contributions and in-plan rollovers to designated Roth
accounts.
Senior Citizens
Elder Protections (SB 1287/PA 98-0120): Would ban people from being appointed to serve as
a guardian of a person or an estate of an elderly person, if they have been
convicted of felony harm or threat to a minor.
State Government,
Insurance and Regulation
Latino Family
Commission (HB 3049/PA 98-0032):
Moves jurisdiction of the Illinois Latino Family Commission from the Department
of Public Aid to the Department of Health Care and Family Services.
EMT – Military
Experience (HB 3186/ PA 98-0053):
Recognizes a candidate's military emergency medical training, emergency medical
curriculum, and clinical experience when the Department of Public Health
prescribes licensure testing requirements.
Insurance Investments (HB 1571/PA 98-0110): With regard to domestic mutual insurance companies
and domestic stock insurance companies, the measure stipulates criteria for
investments by insurance companies under the Insurance Code, requires bonds,
notes or certificates of deposit to meet certain requirements to be eligible,
and grants the Director of Insurance powers to refuse to accept certain
securities or refuse to accept the reported market value of certain securities.
Late Vehicle Titles (SB
1828/PA 98-0177): Authorizes the
Secretary of State to charge delinquent vehicle dealer transfer fees of up to
$100 to dealers that are late giving certificate of title to the Secretary of
State. Allows a Secretary of State Police investigator to issue administrative
citations to new or used vehicle dealers. Adds the National Motor Vehicle Title
Information Service (NMVTIS) to the list of services for which money from the
Commercial Driver's License Information System/American Association of Motor
Vehicle Administrators network (CDLIS/AAMVAnet) Trust Fund may be spent.
Insurance
Communications (HB 3300/PA 98-0189): Requires
that insurance companies accommodate a reasonable request to receive
communications via alternative means (e-mail, telephone, etc.) if the insured
requests an alternative means of communication because disclosure of the
information could endanger the insured.
Insurance Guaranty Fund
Board (HB 981/PA 98-0202): Expands
the board of directors of the Illinois Insurance Guaranty Fund to add a public
member appointed by the state's Director of Insurance. The
new members must be a licensed and certified public accountant or hold a
Chartered Property and Casualty Underwriter (CPCU) designation from the
American Institute for Chartered Property Casualty Underwriters.
Insurance Code Changes
(HB 1552/PA 98-0226): Amends the
Illinois Insurance Code to allow the Department of Insurance to electronically
send a quarterly invoice for fees to insurance companies, rather than mailing
the invoices. Removes a requirement that notices regarding coverage for a
dependent be provided on a semi-annual basis. Also changes the date of the
Department's annual report to the General Assembly from April 15 to July 1.
Fallen
Heroes (HB 1854/PA 98-0234): Would require the Governor to order flags to be flown at
half-staff when an Emergency Medical Services (EMS) crew member is killed in
the line of duty.
Capital Project Fund
(HB 2613/PA 98-0245): Clarifies
that federal capital funds that are left over after the State completes a
construction project must remain in a State capital fund to be used for future
construction projects, rather than being used to pay off bonds.
Fraternal Order of Police (SB 1216/PA 98-0275): Gives the legislature
greater oversight into how funds are spent by specifying that all moneys in the
Fraternal Order of Police Fund are subject to appropriation by the General
Assembly and distributed by the Secretary of State. These are funds raised
by the sale of special Fraternal Order of Police license plates.
9-1-1
Directory (HB 2856/PA 98-0332): Would require the Illinois Commerce Commission to provide 9-1-1
operators with a directory of other call centers to be able to transfer calls
out of their original jurisdiction.
Title
Insurance (HB 1545/PA 98-0398): Makes several changes to the state's regulations of the title
insurance industry, giving the Illinois Department of Financial and
Professional Regulation (IDFPR) broader authority over other licensing,
penalties, suspension or revocation of title insurance licenses. Also exempts
limited liability companies from a requirement that every title insurance agent
must be 18 years old.
Electric Bid
Specification (HB 2623/PA 98-0434):
Gives municipalities or other local governments that aggregate power the right
to know the source of the power utilized under the aggregation.
Yearly Budget
Requirements (HB 2947/PA 98-0460):
Would requires that the Governor's annual state budget submission include
detailed tables and narratives as to any projected budget surplus or a
projected budget deficit for the fiscal year. Also requires an estimate of
individual and corporate income tax overpayments that won’t be paid back by the
end of the fiscal year.
State Budget Online (HB
2955/PA 98-0461): Requires the
state budget to be published online within 60 days of being signed into law.
Auto Insurance (SB
1940/PA 98-0539): Beginning with
the 2016 registration year, this bill requires that mandatory insurance
information must be provided before any vehicle registration can be issued. Any
person that knowingly submits false insurance information shall be guilty of a
Class C misdemeanor. Also requires that the remittance agents to turn this
information over to the Secretary of State or face the loss or revocation of
their license.
Fine Arts Purchases (SB
1723/PA 98-0572): Amends the CDB
Act, the Illinois Procurement Code, and the Design-Build Procurement Act.
Eliminates a duplicative Board charged with procuring and selecting art work to
be displayed in public buildings. Makes minor changes to the Design-build
Procurement Act. Clarifies what projects qualify under the Act and
replaces the word “projects” with “construction projects” throughout the bill.
Budget Transparency (SB
2106/PA 98-0580): Creates the
Governmental Transparency Task Force to create a plan to make the State
budgeting process more transparent and publicly-accessible. Establishes a
16 member board comprised of appointments by the Governor and the four
legislative leaders. Report due by January 1, 2015.
Grant Transparency (SB 2381/PA 98-0589): Increases grant transparency and gives the
public greater access to information about state grants and how grant monies
are distributed and used. Requires the state’s Chief Information Officer to
work with state agencies to better report financial data. Would require all
state grants to be posted online at data.illinois.gov, including name and zip
code of the organization receiving the grant, a short description of the
purpose; amount of the award, and date of the award.
This legislation was
prompted in part by the controversial Neighborhood Recovery Initiative, which
was the subject of an investigative report by the CNN television network. The
report on the Neighborhood Recovery Initiative (NRI) found that the program
paid teens to hand out fliers, take field trips to museums, march in parades
with the Governor, and attend yoga classes.
The program lacked public
scrutiny, guidelines and standards for the distribution of funding. The
Governor moved $94M from his FY11 discretionary lump sums to the IL Violence
Prevention Authority (IVPA). After those funds were transferred from the
Governor's lump sums to IVPA, the monies were further transferred to the
non-appropriated IVPA Special Projects Fund. However, there
was no clear way to review where the money was going and what programs it was
going to. It took CNN a four-month investigation to reveal that funds
were being questionably spent, and conveniently doled out just in time for the
Governor's election.
Taxes and Fees
Exempts MABAS Land from
Taxation (HB 1206/PA 98-0206): This
legislation exempts property owned by the board of a Mutual Aid Box Alarm
System (MABAS) from taxation. MABAS works with fire
services, EMS professionals, and other personnel to create a resource
response plan to any location when the Governor orders a declaration of
disaster.
Department of Revenue
Updates (HB 3157/PA 98-0478): This
is an Illinois Department of Revenue 2013 Omnibus Income Tax Proposal. The
measure would update and streamline certain business tax forms and regulations.
Department of Revenue
Omnibus (SB 2169/PA 98-0496): Represents
the Illinois Department of Revenue's 2013 Omnibus Enforcement Proposal. Among
the provisions included, the measure allows the Revenue Department to deny a
certificate of registration to a retailer who is in default on taxes due,
provides a six-year statute of limitation on notices of deficiency when a
taxpayer understates their withholding by more than 25% and also extends the
statute of limitations for certain businesses that file an Illinois return.
Truck/SUV Rental Taxes
(SB 1772/PA 98-0574): Expands
the exemption on sales taxes for rental vehicles to include trucks and SUVs
used primarily for transporting passengers.
Transportation,
Infrastructure and Vehicular Regulation/Safety
License Plates – Wild
Turkey and Childhood Cancer (HB 2754/ PA 98-0066): Provides for the issuance of National Wild
Turkey Federation license plates. Creates the National Wild Turkey Federation
Fund as a special fund in the State Treasury. An amendment was added to
create a curing Childhood Cancer Fund and the Curing Childhood Cancer Plates.
License Plates –
Diabetes Awareness (HB 1815/PA 98-0096): Creates Diabetes Awareness license plates. The fee for the plate
will initially be $40 with $25 going toward Juvenile Diabetes research.
IDOT Flashing Lights
(HB 774/PA 98-0123): Allows
the use of red or white oscillating, rotating, or flashing lights on vehicles
belonging to the Illinois Department of Transportation designated as Emergency
Traffic Patrol.
License Plates
– Illinois Nurses (SB 1383/PA 98-0150): Creates the Illinois Nurses License
Plate.
License Plates – Red
Cross (SB 1439/PA 98-0151): Creates
an American Red Cross License Plate with a portion of the proceeds going into a
new Red Cross Fund. Money in the Fund will be paid as grants to the American
Red Cross subject to appropriation by the General Assembly.
Window Tints (SB
1524/PA 98-0153): Preempts
home rule with respect to window tinting of automobiles. State law establishes
a maximum level of tint. The intent of this bill is to prohibit municipalities
from mandating a lighter tint. This would prevent motorists for being ticketed
while driving in cities they don't normally visit.
Kelsey’s Law (HB
1009/PA 98-0168): Creates
"Kelsey's Law" dealing with the issuance of Graduated Driver's
Licenses for minors with traffic citations. A fifteen year old girl, Kelsey,
was walking with two friends on the side of the roadway one evening where there
was no sidewalk. She was struck by a truck driven by a 15-year-old boy who had
his instruction permit. The boy was able to obtain his Graduated Driver's
License a few days later because the current form did not require him to
disclose he had a pending traffic ticket.
Secretary of State (SB
1871/PA 98-0178): This is an
omnibus measure requested by the Secretary of State dealing with out of state
license cancellation, out of state traffic citations and security judgments
less than $5.
License Plates
– Illinois Police Association (HB 1817/PA 98-0233): Provides for the issuance of the Illinois
Police Benevolent and Protective Association license plates.
Uninsured Motorists (HB
2393/PA 98-0242): Eliminates
the requirement that automobile insurers must provide information about the
availability of uninsured motorist coverage when a policy is being renewed.
Buyers must still be told about uninsured motorist coverage when buying a new
policy, but not every time they renew coverage.
License Plates –
Alzheimer's Awareness (HB 2822/PA 98-0259): Creates Alzheimer's Disease awareness license plates. An
additional fee of $25 with $10 at issuance and $23 at renewal going into a
newly created Alzheimer's Awareness Fund to be paid as grants to the
Alzheimer's Disease and Related Disorders Association.
Driving on Restricted
License (SB 1735/PA 98-0285): Increases
the penalty for driving while a license is suspended or revoked if the
violation results in an accident that causes personal injury or death to a
Class 4 felony for a second or subsequent offense.
License Plates – Prince
Hall Masons (HB 167/PA 98-0300): Creates
the Prince Hall Freemasonry License Plate. Prince Hall Freemasonry is a branch
of the US Freemasonry consisting predominately of African-Americans but
welcomes other races.
Police
Privacy (SB 1693/PA 98-0323): Would allow peace officers to provide their work address instead
of a home address when applying for an Illinois Identification Card, a driver’s
license or instruction permit.
Construction Zone
Speeding (HB 1814/PA 98-0337):
Creates separate offenses for speeding in a construction or maintenance zone
when workers are present and are not present. Removes penalty of license
suspension in construction zones when construction workers are not present and
no danger of hitting a construction worker exists.
License Plates – K-9 Memorial
(HB 198/PA 98-0360): Creates
the Illinois Police K-9 License Plates.
License Plates – Public
Safety Diver (HB 989/PA 98-0376): Creates
a new special license plate- the "Public Safety Diver" plate.
License Plates – The H
Foundation (HB 1238/PA 98-0382): Provides for the issuance of The H Foundation – Committed to a Cure
for Cancer license plates.
License Plates –
Retired Law Enforcement (HB 1529/PA 98-0395): Creates the Retired Law Enforcement license plates.
Creates the Illinois Sheriffs’ Association Scholarship and Training Fund to
receive a share of revenues from the plates.
Motorcycle Road Guard
(HB 1539/PA 98-0396):
Provides that local authorities may certify persons to act as traffic control
for special events. This is intended to allow local motorcycle groups to assist
police in directing traffic during special motorcycle events. The persons must
be obeyed in the same manner as a police officer, fireman, or crossing guard
when directing traffic.
Sewer
Cleaner Trucks (HB 1810/PA 98-0406): Allows
combination sewer cleaning jetting vacuum trucks that are registered as a
Special Hauling Vehicle to carry additional weight.
Special Hauling
Vehicles (HB 2310/PA 98-0409): Extends
by 10 years the model years of Special Hauling Vehicles exempt from the federal
bridge formula that regulates vehicle weights. Special Hauling Vehicles are
generally special purpose trucks, such as cement mixers and multiple-axle
trucks designed for hauling special cargo.
IDOT Business Impact
(HB 2382/PA 98-0412): Requires
the Illinois Department of Transportation to work with property owners,
including residents, businesses, and other community members, before and during
construction by considering various methods to mitigate and reduce project
impacts. This could include, but would not be limited to, detour routing
and temporary signage.
License Plates – Fire
Department Vehicles (HB 2641/PA 98-0436): Allows for permanent license plates on fire trucks owned by
municipalities, fire districts and Mutual Aid systems. Plates are subject to an
$8 fee and are exempt from a transfer fee but the department must report the
transfer to the Secretary of State.
Alternative
Fuel Vehicles (HB 2695/PA 98-0442): Would require 25% of state vehicles to use alternative fuels by January 1,
2016. Exempts the Illinois State Police and the Illinois
Department of Corrections. Also allows the Department of Transportation to
construct and maintain at least one electric vehicle charging station at each
rest area on state highways.
Car Dealer Fees (HB 2773/PA 98-0450): Changes the fees of the Dealer Recovery Trust Fund
to a graduated schedule based on the number of cars sold. This would
reduce the fee for car dealers selling less than 300 vehicles in a year and
keep the same fee for those selling more than 300. Allows an applicant to
submit a claim to the fund within two years of the transaction (instead of
within 9 months). The Dealer Recovery Trust Fund protects vehicle buyers
in cases where a dealer goes out of business without paying off the balance of
their customers' liens on traded-in vehicles.
Ambulance License
Renewal (HB 2777/PA 98-0452): Allows
ambulance license renewals to take place every four years. Currently this must
be done each year.
Bicycles
(HB 3367/PA 98-0485): Allows bicycles and other human powered, two wheeled vehicles to
pass cars on the right. This is to prevent police in certain areas from writing
citations to bicyclists when the prohibition was intended for motorcycles only.
Truck Inspections (SB
1294/PA 98-0489): Reduces the
late penalty for meeting the semi-annual inspection requirement for intrastate
trucks to a petty offense. The minimum fine is $95 and the maximum fine is
$250. If the violation occurs in conjunction with a motor vehicle
accident, the person is guilty of a class C misdemeanor. A minimum fine
of $95 requires a court appearance.
Speed Limits (SB
2356/PA 98-0511): Increases
the maximum speed limit to 70 mph on all interstates, toll highways and four
lane divided highways. The speed limit would be 65 for other highways. Provides
that Cook and the collar counties may opt out of the higher speed limit via
ordinance.
Trucking Regulation (SB
925/PA 98-0512): Repeals the
state regulation on the consecutive hours a trucker may drive. This is a cleanup
bill, as current state regulations are outdated and federal law already
regulates the hours truckers may drive.
School Bus Cameras (SB
923/PA 98-0556): Allows
school buses to be equipped with automated traffic law enforcement systems.
These cameras would be designed to issue citations for motor vehicles passing a
stopped school bus. This applies statewide. A House amendment diverts
money that was originally set to go to school districts and changes the
allocation so that more money will go to the municipalities where they are
located.
Golf Cart and ATV
Highway Crossing (SB 1530/PA 98-0567) Communities
may permit a person operating a non-highway vehicle, such as a golf cart or an
all-terrain vehicle, to cross a State highway at an intersection of the highway
with another public street, +++++++++road or highway. This was requested by a
community that has a highway as the major street through the town and wants to
be able to allow persons to cross the highway. The bill also provides that
racing shells, rowing sculls, racing canoes, and racing kayaks are not required
to carry personal flotation devices as long as they are participating in an
event that the Department of Natural Resources has sanctioned as being personal
flotation device optional.
Disability Parking (SB
1929/PA 98-0577): Requires an
application for a metered exempt parking decal to provide evidence of permanent
disability. Also states that exemptions from parking fees for disabled persons
only apply to metered street parking and public parking areas and not publicly owned parking garages.
Publishing Toll Violators (SB 01214/ PA 98-0559): Provides that the Toll Highway Authority may
maintain an online list of persons or entities owing the THA more than $1,000
for tolls, fines, unpaid late fees or administrative costs that remain unpaid
after the exhaustion of, or failure to exhaust, the judicial review procedures
under the Administrative Review Law. Each entry may include the person or
entity's name as listed on the final order of liability.
Veterans and Military Affairs
Military Driver
Skills Exemption (HB 2563/ PA 98-0052): Waives the Commercial Drivers License skills test requirePublic
Acts By Effective Date on 1/1/2014:
Agriculture, Animals
and Hunting
Tethering
Dogs (HB 83/PA 98-0101): Provides
standards for dog owners to lawfully tether a dog outdoors. Exempts
walking with a leash, cultivating agriculture products and shepherding or
herding livestock. Violations would be a Class B misdemeanor (up to six months
in jail and/or a $1500 fine). Concerns were raised because the minimum
tethering distance could make it impossible for homeowners with small yards to
comply with the law.
Unlawful Wildlife Possession (SB 1170/PA 98-0119): Makes it illegal to possess any wildlife or
wildlife parts taken unlawfully in Illinois, any other state or any other
country, whether or not the animal is indigenous to Illinois. This is an attempt by conservation police to
help other states and countries with cases involving wildlife or wildlife parts
that have been illegally taken. Other
state's and countries are able to prosecute these offenders, while Illinois is
not.
Wildlife Disposal (SB 1620/PA 98-0183): Makes it unlawful for any person having control
over harvested game mammals, game birds, or migratory game birds that have a
bag limit to waste or destroy usable meat of the game. Usable meat is defined
as the breast meat of the game bird or migratory game bird and the hind ham and
front shoulders of a game mammal. Provides it is unlawful to leave, dump or
abandon wildlife carcass on highway—this is targeting situations where
outfitters are killing deer, removing the head/antlers as a trophy and then
dumping the carcass.
Animal Fights (HB
3388/PA 98-0311): Establishes
a training program in animal fighting awareness for law enforcement officers.
Would help law enforcement officers to identify animal fighting operations and
respond appropriately. Training would include non-lethal ways to subdue a dog.
Commercial
Fishing (HB 1650/PA 98-0336): Requires
commercial fishermen and individuals assisting commercial fishermen to obtain a
sport fishing license in addition to a commercial fishing license. Allows
watercraft to be used as a primary collection device for commercial fish by
licensed commercial fishermen, as long as it is tagged with a commercial
watercraft device tag and is licensed by the State and in compliance with Coast
Guard boating regulations. The bill exempts persons taking Asian Carp by boat
for non-commercial purposes.
Puppy "Lemon
Law" (SB 1639/PA 98-0509):
Creates a lemon provision, in which a customer may receive monetary
compensation, up to the cost of the pet, if a veterinarian finds that a
diseased dog or cat was sold by a pet shop. Requires pet shops to inform pet
owners and the Illinois Dept. of Agriculture of any potential diseases if there
is a breakout in the pet shop. Customers can choose which warranty that would
apply (pet shop warranty or lemon law provisions). Opponents raised concerns
that the measure applied only to pet shops and not other sellers of animals
when pet shops only account for 14% of all dogs and cats sold in the state.
Business, Commerce,
Labor and Licensure
Subcontractors
(HB 923/PA-0105):
Requires contractors to report payments to any subcontractors or independent
contractors to the Department of Labor. The legislation was strongly opposed by
small business because it is drafted to apply only to non-union contractors. It
is viewed as an additional burden on small businesses, requiring them to
disclose proprietary information on what they pay their business partners –
information that is not required to be disclosed by other employers.
Employee Classification
(HB 2649/PA 98-0106): Seeks to
address the practice of misclassifying employees as independent contractors in
the construction industry. Imposes substantial penalties, cease and desist
orders, and debarment orders against employers found to have misclassified
employees as independent contractors. Also imposes individual liability onto
corporate officers and agents that "knowingly permit such employer to
misclassify its employees." Exempts groups that are "responsible
bidders" from having to comply with these new requirements. Opponents have
raised concerns that the measure is largely targeted at making it more
difficult for non-union contractors to win contracts.
Opened Wine Bottles (SB 722/PA 98-0145): Provides that Illinois wineries may permit a
patron to remove an opened and partially consumed bottle of wine for
off-premise consumption. The wine must be resealed in a tamper-proof
package.
Prevailing
Wage Reports (HB 2540/PA 98-0173): Deletes language requiring copies of prevailing wage reports to
be filed with the Secretary of State. The Secretary of State has no
responsibility over prevailing wage rates and the filing simply duplicates
information already filed with the Illinois Department of Labor.
Optometrist Definition
(SB 1876/PA 98-0185): Replaces an
outdated definition of “therapeutic optometrist” with “optometrist.”
Payday Loan
Fines (HB 1323/PA 98-0209): Amends the Payday Loan Reform Act and Consumer Installment Loan
Act by allowing the state's financial regulation agency to establish standards,
procedures, and fines for violations of the acts. The loan industry is seeking
this legislation because they feel that the lack of clear rules and standards
has led to unequal treatment among lenders.
Professional
Licensure Privacy (HB 1338/PA 98-0211): States that when the Department of Financial and
Professional Regulation (DFPR) issues a license or a certificate that is
required to be displayed at a place of business, the license or certificate can
not include the individual's home address on the face of the license.
Automotive Service Contracts (HB 1460/PA 98-0222): Expands the
definition of service contracts to include repair/replacement of tires/wheels,
removal of dents, repair of windshield, key replacement, and use of protective
chemicals or devices.
Barber
School Licensure (HB 2210/PA 98-0238): This is designed to bring state statute into compliance with new
US Department of Education regulations governing federal student aid programs.
It prohibits anyone from operating a school or college of barbering unless they
are licensed by the Department of Financial and Professional Regulation. All
schools must be a post-secondary school.
Electronic Signatures (SB 1826/PA 98-0289): This measure allows for
the use of an electronic signature for plans submitted by architects, engineers
and land surveyors when submitting computer-prepared plans.
Restricts Rebuttable
Presumption for EMT/Paramedics (SB 1847/PA 98-0291): Amends the Workers' Compensation Act.
Provides that the rebuttable presumption that certain health conditions arose
out of and in the course of employment that applies to paramedics and emergency
medical technicians (EMTs) applies only to public employees that spend their
time responding to emergencies.
Hispanic
Employment (HB 3270/PA 98-0329): Creates the Hispanic Employment Advisory Council in the Department
of Central Management Services. Aimed at increasing Hispanic hiring.
Motorcycle Dealers (HB
2508/PA 98-0424): Prohibits
motorcycle manufacturers from requiring motorcycle dealers to use manufacturer
approved floor fixtures for the display of any product that is not a product of
the manufacturer; purchase lighting fixtures that are to be installed in the
dealership only from the manufacturer's approved vendors; or relocate to a new
or alternate facility.
Workplace
Violence (HB 2590/PA 98-0430): Creates the Workplace Violence Prevention Act. Allows an employer
to seek an order of protection to prevent further violence or threats of
violence to an employee. This would be used in cases where the employee has
been threatened or attacked at their place of work or there is a credible
threat of violence at the workplace. This could include cases where domestic
violence spills over to the workplace and cases where a worker is threatened by
a disgruntled customer or former employee, but it also would include instances
where the person making the threat has no connection to either the business or
the employee.
Funeral
Directors (HB 2616/PA 98-0432): Allows an owner who is not licensed under the Funeral Directors
and Embalmers Licensing Code to interact with clients while a licensed funeral
director is present.
Prevailing Wage Records (HB 3223/PA 98-0482): Imposes a number of new burdens on non-union
contractors requiring them (but not union contractors) to track and submit a
significant amount of new information on their certified payroll for work
performed on a public works project. These added reporting requirements will
discourage competition for publicly financed projects, which could be more
costly for taxpayers.
Commercial
Code (SB 2186/PA 98-0498): Brings the state's Uniform Commercial Code into conformance with
the federal Electronic Funds Transfer Act.
Facebook Privacy (SB
2306/PA 98-0501): The bill creates a very narrow exception for employers in the
insurance industry to monitor a business-related social media website created
by an employee. The legislation was needed to allow an employer to access an
employee’s social media account when the employer is required under Illinois
insurance laws or federal law to monitor employee communications.
Home Office Cost Statement Submission (SB 2353/PA
98-0505): Requires corporations that own chains of nursing
homes to submit a copy of the federal Home Office Cost Statement to the Department
of Public Health. Requests for the statement would be accessible under the
Freedom of Information Act.
Wage Claims (SB 1568/PA
98-0527): Increases penalties for
employers that violate the Illinois Wage Payment and Collection Act. Also
expands the Department of Labor’s jurisdiction over claims under the Wage
Payment and Collection Act, including claims of $3,000 or less.
Labor Relations Board
(SB 1830/PA 98-0535): Clarifies
that the Board has the authority, but not the obligation, to set the pay rates
of arbitrators and to establish suspension and dismissal procedures. A recent
audit by the Auditor General found that the Board was required to set fees for
the mediation panel. However, since the Board was created in 1984 it has never
set the fees of the arbitrators. Instead, the arbitrators have always set their
own fees. This would give the Board the ability to continue the current
practice without violating the law.
Mine Electrician Licensure (SB 2255/PA 98-0543): Creates certificates of competency for mine
electricians. Applicants for a
certificate must have at least one year of experience of electrical work in a
coal mine or related industry, and pass an exam. Defines a "qualified mine
electrician" as an individual who has completed the required classroom
instruction from an approved college or university and can produce evidence of
at least one year of experience in performing electrical work in a coal mine or
related industry. The underlying bill was a shell.
Auctioneer/Real Estate
Licensure (SB 92/PA 98-0553): Allows
an auctioneer without a real estate license to perform certain activities
regarding a real estate auction, as long as the auctioneer holds an auction
license and obtains a Real Estate Auction Certification. The bill allows auctioneers
without a real estate license to participate in real estate auctions by
partnering with someone who has a real estate license.
Children and Families
Redeploy Illinois (HB 2401/PA 98-0060): Allows Cook County to participate in the “Redeploy
Illinois” program, and have access to “Redeploy Illinois” funds. Twenty-eight
counties currently participate in the program, which provides financial
incentives to keep youth in the local community rather than commit them to the
Department of Juvenile Justice.
Foster Parents (HB
2659/PA 98-0249): Allows foster
parents and relatives who are caregivers to challenge the Department of
Children and Family Services’ (DCFS) placement of a child or children. Defines
a foster parent to include a relative selected by DCFS to provide care for a
minor. Also allows relatives who have been foster parents for a child to have
input in a return home decision.
Child Support (HB
2473/PA 98-0417): Clarifies that
persons who repeatedly fail to obey court-ordered child support can be jailed
for contempt of court. In 2012, P.A. 97-0848 (HB 5434) enacted protections in
response to people being jailed as a part of collection efforts. Proponents
cast it as preventing people from being incarcerated for unpaid debts, but
neglected to recognize that body attachments are issued for contempt of court,
not for failing to pay debts. HB 2473 fixes one of the unintended consequences
of P.A. 97-0848 (HB 5434).
Adoptions (HB 2809/PA
98-0455): Simplifies legal language
related to foreign and interstate adoptions by Illinois residents, by ensuring
that Illinois’ policies mesh with federal guidelines, and by providing changes
to the adoption appeal process.
Divorce (HB 2992/PA
98-0462): Authorizes a right of
first refusal to care for a minor child (or children) when the parent who has
“parenting time” (i.e. time with the children) will use substitute childcare
for the child (or children). Such an agreement could be reached via
arbitration, collaborative law or a judicial decree. For example, if a
divorced parent would need to send a child to day care or a babysitter, the
other parent would have a right to instead take care of the child during that
time.
Credit Report (HB
3380/PA 98-0486): Allows the guardian of a minor
child or a person with disabilities to request a security freeze on the credit
report of the minor child or person with disabilities. A court order would
be required for the security freeze if the minor is 18 or older.
Abused and Neglected
Children (SB 1207/PA
98-0487): Amends the Abused
and Neglected Child Act, changing the term “subject of a report” to
“perpetrator” in several areas. Also clarifies the time period granted to the
subject or perpetrator to request that a report be removed or a hearing held if
the state does not take action.
Child Protection (SB 1686/PA 98-0532): Modifies the definition of “unfit
person” to allow the use of any nine-month period to show that a parent is not
making reasonable progress to correct problems that are needed before the child
is returned to the home. This will give flexibility in the period of time
that the parent’s behavior is being monitored so that the Department of
Children and Family Services and prosecutors won’t have to wait for a second
nine-month period to pass before seeking to have the parent declared unfit and
proceeding to adoption.
Guardians (SB 1565/PA
98-0568): Allows for the
termination of a short-term guardianship of a minor at the conclusion of
specified judicial proceedings. The termination of such guardianships must
be in the best interest of the minor child. All parties, including the
short-term guardian, must be notified if the court vacates a short-term
guardianship.
Consumers
Condominium Agreements (SB 1606/PA 98-0282): Provides that once a developer turns over ownership to a condominium
association, the condominium agreements can only be amended by a vote of
two-thirds of condominium owners, unless a higher percentage is in the
condominium agreement. However, the higher number could not exceed
three-fourths of all owners.
Housing Cooperatives
(HB 2527/PA 98-0302): Requires an
open meeting and a vote of members prior to the dissolution of a residential
housing cooperative.
No Indoor Tanning for
Minors (HB 188/PA 98-0349): Prohibits
a tanning facility from permitting any person younger than 18 to use tanning
equipment that emits ultraviolet (UV) radiations. Provides for exemptions,
such as devices used to apply chemicals to the skin to achieve a bronze color,
known as a spray-on, mist-on, or sunless tan.
Community Manager Licensure
(HB 595/PA 98-0365): Creates
licensure for a “supervising community association manager.” Community
associations are generally condominium, townhouse and homeowner associations.
Cell Phone Ban (HB
1247/PA 98-0506): Bans the use of
cell phones while driving. Exempts hands-free devices. A first offense will be
considered a non-moving violation. A second or subsequent offense will be a
moving violation recorded on one’s driving record, and it will be a primary
stop offense. Tickets will range from $75 for a first offense to $150 for a
fourth or subsequent offense.
Landowner Liability (SB
1042/PA 98-0522):
Codifies and improves the
statutes as a result of a decision from the Illinois Supreme Court in Hall v.
Henn, which affected landowner liability for people on their land.
Prior to the Hall Case,
state law was adopted that was meant to encourage property owners to make land
and water areas available to the public for recreational or conservation
purposes by limiting their liability toward persons entering thereon for such
purposes. In the Hall case, Tim and Sue Henn built and maintained a sled run on
their property. The Friel family asked if they and the Hall family could
use the sled run. During the use of the run, Ellen Hall was knocked
unconscious, fractured her arm, and tore a ligament in her knee on some icy
steps leading to the top of the run. When Ellen Hall sued, the lower
circuit court ruled in favor of the landowners.
However, on appeal to the
Supreme Court, Hall argued to the Court that the legal protections to
landowners should be limited to circumstance in which the land is held out to
the entire public at large for all recreational purpose. According to the
plaintiff, the Act should not immunize a landowner if a specific person requested
permission prior to the use of the land for a recreational purpose. With a
tortured construction of the word “public” and expressing concern over the
broad scope of the Act, the Supreme Court ruled that the Act would be limited
in a manner argued by the plaintiff.
The bill extends liability
coverage to landowners who open their property to the public, and expands the
number of covered activities the public may engage in while on the landowner’s
property. This coverage does not extend to landowners who open their property
to only invited guests.
Meth Lab Mobile Homes
(SB 2101/PA 98-0540): Requires
that owners and operators of mobile home parks must tell a potential buyer if a
unit was used as a methamphetamine lab. Applies only in cases where police or
other law enforcement officials have informed the mobile home park operator
that the home was used as a meth lab. Also requires the potential buyer to
notify the mobile home park operator that he or she intends to purchase the
home.
Reloadable Fund Cards
(SB 1829/PA 98-0545): Requires the
issuer of a reloadable funds card (such as a reloadable pre-paid debit card) to
disclose fees to the consumer in written or electronic form upon issuance.
Prior to purchase of card, fee disclosures may be verbally explained to the
consumer. Specifies disclosure requirements, disclosure formatting, required
disclosures to be on the card, and federal Electronic Fund Transfer Act
compliance provisions.
Crime, Courts,
Corrections and Law Enforcement
Flash Mobs (SB 1005/PA 98-0014):
Provides that using electronic
communications to solicit or commit the offense of mob action may be used by
the court to impose an extended term sentence upon conviction. Addresses the
growing problem of social media and electronic communication being used to
gather a “flash mob” to commit batteries, robberies and thefts.
Juvenile
Court (HB 2404/PA 98-0061): Would require 17-year-olds charged with most felonies to be
charged in juvenile court rather than adult court. Would not apply to a number
of violent felonies including first degree murder, aggravated criminal sexual
assault, aggravated battery with a firearm; armed robbery committed with a
firearm; aggravated vehicular hijacking with a firearm or the sale or
possession of certain weapons on school property. Any felony would still be
eligible to be sent to adult court following a hearing in juvenile court.
Juvenile
Supervision (HB 3172/PA 98-0062): Amends the continuance under supervision section of the Juvenile
Court Act to track the procedure followed in adult criminal court. This allows
a judge to place a minor on supervision after adjudication, while protecting
the State’s Attorney’s right to object to supervision before going to trial.
Unlawful Clouding of
Title (HB 2905/PA 98-0098): Increases
the penalty for unlawful clouding of title from a Class A misdemeanor to a
Class 4 felony. Unlawful clouding of title is an apparent claim or encumbrance,
such as a lien, that, if true, impairs the right of the owner to transfer his
or her property free and clear of the interests of any other party. The Class 4
felony penalty increase would apply for a second or subsequent offense or if
the cloud on the title has a value that exceeds $10,000.
Drunken Boating (SB
1479/PA 98-0103): Applies
implied-consent laws to boating by providing that any person who operates a
motorboat and who has been involved in a fatal accident or accident with
serious injuries is assumed to have given consent for a blood alcohol test.
Vacating Convictions
(HB 821/PA 98-0133): Clarifies and
streamlines the procedure for a petitioner who has been granted a certificate
of innocence after having been found actually innocent. The bill allows the
court making the finding of actual innocence to issue a certificate, rather
than requiring another court appearance.
Sealing of Felony
Offenses (HB 3061/PA 98-0142):
Significantly expands the classes and types of felony offenses that can be
sealed under current law. This will prevent employers from being able to access
the criminal history of those with serious offenses in their background. Among
the offenses that could be sealed would be Class 3 and Class 4 felony
conviction records for theft, retail theft, deceptive practices, and forgery.
Passport Confiscation
Crimes (SB 39/PA 98-0143): Provides that a judge shall (1) order the
confiscation of a person's passport or (2) impose travel restrictions for any
defendant arrested for first degree murder or other "violent crime",
if the judge determines that this will reasonably assure the appearance of the
defendant. Though the bill as introduced
applied to only non-U.S. citizens, as amended the bill allows a judge to
confiscate the passport of both citizens and non-citizens. This bill is similar to legislation
introduced last year in reaction to a series of articles in the Chicago Tribune
citing nearly a dozen instances in which suspects charged with murders, rapes
and other violent crimes have fled American jurisdiction to avoid prosecution.
Child Abduction
Evidence (SB 1814/PA 98-0160): Allows
evidence of prior offenses of child abduction that involve the luring of a
child to be introduced in a trial to prove a propensity of the defendant.
House Arrest (SB 1854/PA 98-0161): Allows a person who is sentenced to jail on a
misdemeanor or probationable felony to be considered committed to the custody
of the Sheriff and may serve their sentence at home, i.e. “house arrest,”
through an electronic home detention program under the terms and conditions of
the Sheriff.
Second Chance
Prohibition (HB 3010/PA 98-0164):
Creates a "Second Chance Probation" program that allows for many
felony offenses to be removed from the offender's record as soon as five years
after the convict successfully completes the terms of probation. The probation
is only available if both the defendant and the State's Attorney consent. It is
not available on violent offenses.
Patricia’s Law (HB
1010/PA 98-0169): Creates
"Patricia's Law,” prohibiting a trial judge from giving court supervision
for offenses arising under the Illinois Vehicle Code or similar local ordinance
if the violation was the proximate cause of the death of another person. This
legislation is in direct response to the Patricia McNamara tragedy where she
was killed by a distracted driver, who rammed into her car after running
through a stop sign. The driver, was fined and sentenced to court supervision,
which means no conviction will appear on his record. The prohibition against
court supervision in a fatal traffic accident only applies when the defendant's
driving abstract contains a prior conviction or supervision for a moving
violation or a suspension, revocation, or cancellation of his or her license.
Anatomical Gifts (HB
2339/PA 98-0172): Brings Illinois
into compliance with federal law and would refine various definitions within
the Act.
Sex Offense Statute of
Limitations (HB 1063/PA 98-0379): Allows
for an unlimited statute of limitations in felony sex offenses where the victim
is under 18, but only in cases where there is corroborating physical evidence
is available or an individual who is required to report an alleged or suspected
commission of any of these offenses under the Abused and Neglected Child
Reporting Act fails to do so.
Domestic
Battery Penalties (HB 958/PA 98-0187):
Increases the penalty for domestic battery to a Class 3 felony if the defendant
has three prior convictions under the Code for domestic battery and to a Class
2 felony if the defendant had four or more prior convictions under the Code for
domestic battery. This is an initiative to increase the penalty for individuals
repeatedly convicted of domestic battery charges and prevent judges from
imposing lighter sentences, such as probation or conditional discharge, in
recurring cases of domestic violence.
Crimes
Against Police (HB 2893/PA 98-0263): Creates an alert system called the “Crimes Against Police
Officers Advisory,” administered by the State Police, to send out alerts when
an offender is at large who is suspected of committing or attempting to commit
crimes against a police officer. It would be similar to other emergency alert
systems, such as child abduction alerts.
Residential Arson (HB
3011/PA 98-0265): Allows for
the offense of residential arson to be commenced at any time, rather than
within 3 years after the commission of the offense as stipulated in current
law.
Sex Offender
Prohibitions (HB 3023/PA 98-0266):
Prohibits a child sex offender from being present in a playground or recreation
area within any publicly accessible privately owned building when children are
present unless the offender is a parent or guardian of a child there. This
would include places such as the play area at McDonald's.
E-notification of
Felony Release (HB 3029/PA 98-0267): Allows
for the electronic notification of any release of any person who has been
convicted of a felony to the appropriate State’s Attorney, sheriff, law
enforcement agency, or public housing agency if they have provided the
Department of Corrections with an accurate e-mail address.
Eavesdropping (HB
3038/PA 98-0268): Aligns civil
remedies for eavesdropping with the criminal violation by including “electronic
communications.” The bill is intended to shield certain legitimate conduct (the
exercising of parental rights and the gathering of news by journalists) from
subjecting the person to civil liability for eavesdropping.
Statute of Limitations
for Civil Child Sex Abuse Cases (SB 1399/PA 98-0276): Provides that a civil case based on childhood
sexual abuse may be commenced at any time.
DUI
Blood Test Reimbursement (SB 1849/PA 98-0292): Allows reimbursement up to $500 for costs
associated with a blood test when a person refuses to submit to a breath test
when a defendant is found guilty or pleads guilty to a DUI. The goal is to
defray the costs of employing a medical professional to perform the test. Also
requires a police officer to request a blood draw if he or she suspects that a
motor vehicle driven by or in actual physical control of a person under the
influence of alcohol or drugs has caused the death or personal injury to
another.
Unauthorized Video
Recording (SB 1851/PA 98-0293): Provides
that prosecution for the offense of unauthorized video recording may be
commenced within one year after the discovery of the offense by the victim of
that offense. This is to allow for the prosecution of offenders in cases
where the victim discovers the offense after the general limitations period has
run. In many cases the victim may not become aware of the offensive
videotaping at the time of the offense or even during the general limitations
period. These illegal videos and photographs can turn up years later to haunt
victims.
Damaging a Grave (SB 2231/PA 98-0315): Enhances penalties for criminal damage (and
defacement) to property if the property damages or defacement is made to
graves, gravestones, or markers that memorialize or honor a person or group,
including police officers, fire fighters, veterans, or historic figures.
Contractor Violations
(HB 922/PA 98-0328): Allows the
Department of Labor to bring an action against a contractor up to five
(currently two) years after a violation of the Prevailing Wage Act is alleged
to have occurred. Requires contractors and subcontractors who participate in
public works projects to keep records for five (currently three) years
from the date of the last payment. Requires a public body to keep records for
five (currently three) years. Authorizes contractors to retain records in
electronic (currently paper) format.
Nicotine Sales to Youth (SB 1756/PA 98-0350): Prohibits the sale of alternative nicotine products
to persons under age 18, such as electronic cigarettes that contain nicotine.
Cash Register Crime (HB
49/PA 98-0352): Provides that any
person who knowingly sells, purchases, installs, transfers, possesses, uses, or
accesses any device or software meant to falsify electronic cash register
records is guilty of a Class 3 felony.
Tasers (HB 131/PA
98-0358): Requires police training
in the use of tasers. Also would require random inspections of police
departments concerning their use of tasers, with a subsequent report to be
given to the Governor and General Assembly, along with any legislative
recommendations.
Child Pornography Fines
(HB 181/PA 98-0359): Allows the State Police to receive all or part of the fine collected for
child pornography charges if the agency investigated or assisted in the
investigation of the crime.
Nurse
Protections (HB 801/PA 98-0369):
Provides that the battery of a nurse while in the performance of his or her
duties is enhanced to an aggravated battery (Class 3 felony). Under current
law, battery of a nurse would not be an aggravated battery and would therefore
be a Class A misdemeanor.
Sexual Assault (HB
804/PA 98-0370): Expands the
definition of “sexual penetration” to include acts where a perpetrator forces
the victim to use his or her hands on his genitalia for sexual gratification or
the perpetrator uses his or her hands on a male victim’s genitalia. In
addition, creates the offense of failure to report sexual abuse of a child.
Also includes an act in the "predatory criminal sexual assault of a
child" statute to includes contact, however slight between the sex organ
or anus of one person and the part of the body of another if the accused is 17
years or older and the victim is under 13 years of age. This legislation was
introduced in response to the Penn State football sex abuse scandal where the
assistant coach sexually abused minors on the university campus for years,
despite the fact employees were said to have witnessed the abuse and didn’t
report the actions. The bill also provides specifications about other illegal
sexual acts that were not initially included in the definition of sexual
penetration.
Victim Statements (HB
827/PA 98-0372): Requires
States Attorneys to inform crime victims or their families of the right to make
a victim impact statement at a sentencing hearing. Designed to assure that all
family members know they have a right to make a statement.
Court Fee (HB 830/PA
98-0373): Adds service, process
and court costs to those cost that can be included in an additional fee of 30%
that can be charged on top of the 30% fee that can already be charged against
an offender for unpaid fines, fees, costs, restitution, judgments, etc. No more
than 1/3 of the 30% additional fee charged to the offender (10%) can be paid to
a collection agency.
Electronic Tracking
Prohibition (HB 1199/PA 98-0381): Provides
that a person or entity may not use an electronic tracking device to determine
the location or movement of a person. The idea is to prevent stalkers, spouses
and other individuals from putting a tracking device on another individual’s
car without their consent.
Recording Crime
Enhanced Penalties (HB 1309/PA 98-0385): Enhances a misdemeanor battery to a felony
aggravated battery when it is recorded with the intent to disseminate the
recording. Allows for an extended term sentence when a defendant commits any
felony and knowingly records it with the intent to disseminate the recording.
This legislation was introduced in response to a situation in which a
62-year-old woman was beaten to death by a group of individuals who allegedly
attacked the victim for the purpose of making a video of the attack, which they
immediately posted online.
Sex Crime Victims (HB
2471/PA 98-0416): Allows the
victim of a sex crime to be identified by initials or description in court
documents to protect the victim’s identity.
Child Pornography (HB
2647/PA 98-0437): Provides that
the possession of each individual film, videotape, photograph, or other similar
visual reproduction or depiction by computer in violation of the child
pornography statute constitutes a single and separate violation. Also provides
a narrow carve-out in the mandatory consecutive sentencing provisions for
possession of child pornography where the child depicted is over the age of 13
to avoid the problem of disproportionate sentencing due to mandatory
consecutive sentencing.
Sexual Assault (HB
3128/PA 98-0476): Modifies the provisions prohibiting men who father a child through sexual
assault or sexual abuse in order to: deny visitation or custody if found to
have committed an act of non-consensual sex in fathering the child (currently
must have a conviction of a sex offense in fathering the child); allow the
mother or guardian of the child to decline support and maintenance obligations
from the father; deny the father inheritance rights from the child without
mother's consent; deny visitation to the father's immediate family; and allow
the mother to use the non-consensual sexual conduct to deny custody or visitation.
Cell Phone Penalties
(HB 2585/PA 98-0507): Increases
the penalties in accident cases where the individual is texting, using a cell
phone or watching a video device, and that action is determined to have been a
cause of a crash that results in an injury or death.
Criminal Interrogations
(SB 1006/PA 98-0547): Requires
interrogations of the following criminal charges to be video- recorded (for
both minors and adults):
- predatory criminal sexual assault of a child;
- aggravated arson;
- aggravated kidnapping;
- aggravated vehicular hijacking;
- home invasion;
- aggravated battery;
- aggravated criminal sexual assault; and
- armed robbery.
Any statement of the
accused taken during an interrogation that has not been recorded is
inadmissible at trial. Current law does not allow police to record any
interrogation other than for charges of homicide or driving under the influence
that resulted in death of another person.
Civil Suit Settlements
(SB 1912/PA 98-0548): Creates
penalties and deadlines for failure to promptly pay an agreed-upon settlement
in civil suits. The payment must be made within 30 days or the court may issue
a judgment that would include any additional costs incurred in obtaining the
judgment, and interest at the statutory rate. Opponents raised concerns about
why this measure is needed, since it only applies to cases that have been
settled and presumably, that settlement would already include an agreement on
the payment of damages. Concerns were also raised that the measure, while being
portrayed as optional, is in fact mandatory because it places the penalties and
deadlines into state law. Most employer groups were opposed to the measure and
raised concerns that it further damages Illinois fragile business climate.
Criminal Record Removal
Fee (SB 115/PA 98-0555): Amends
the Consumer Fraud and Deceptive Business Practices Act to provide that it is
an unlawful practice for any person engaged in publishing or otherwise
disseminating criminal record information through a print or electronic medium,
to solicit or accept the payment of a fee or other consideration to remove,
correct, or modify said criminal record information.
Civil Code (SB 1044/PA
98-0557):
Amends several technical portions of
the Civil Code of Procedures dealing with collections, garnishments and revival
of judgments.
Pilot Program for Youth
Offenders (SB 1192/PA 98-0558):
Makes permanent and statewide the Aftercare Pilot Program for Youth Offenders.
The program is intended to make sure the Department of Juvenile Justice can continue
to provide case managed supervision, post-treatment and services to paroled
youth. Depending on their offense, the parolee would be placed in any of
several programs, including substance abuse treatment, family counseling, and
alternative placements. The Pilot Program has been operating only in Cook,
DuPage, Lake, Will and Kane counties. This bill would expand the program to all
102 Illinois counties.
Drone Restrictions (SB
1587/PA 98-0569): Prohibits law
enforcement from using drones to gather evidence or information, except when
authorized by a search warrant or in specifically enumerated emergency
situations. Requires evidence be destroyed after 30 days unless part of an
ongoing crime. Requires annual reporting.
County Inmate Transfers
(SB 1843/PA 98-0575): Seeks to ensure
that the correct county is reimbursed for the fees associated with the transfer
of a juvenile offender by defining “transfer case” in the Probation and
Probation Officers Act. Clarifies
that jurisdiction over an offender may be transferred between circuit courts in
Illinois; the probation department within the transfer jurisdiction may impose
probation fees upon receiving the offender; and after the transfer has
occurred, all probation fees must be paid to the probation department in the
jurisdiction that has received the transfer (not the original jurisdiction).
Arrests Outside of Jurisdiction (SB
1852/PA 98-0576): Allows peace
officers to conduct temporary questioning or make an arrest outside of their
jurisdictions, if the officer is engaged in the investigation of criminal
activity that occurred in the officer’s primary jurisdiction and the temporary
questioning or arrest relates to, arises from, or is conducted as part of that
investigation. This was an initiative of the DuPage County State’s Attorney in
response to a court decision that ruled that, unless officers see offenders
commit an offense in their jurisdictions, they can’t rely on the information
they receives from officers in another jurisdiction to make the arrest.
Previously, the law had been that when police officers are working together,
knowledge of each is knowledge of all for determining whether an arresting
officer had probable cause to arrest a defendant.
Courtroom Skyping (SB
1968/PA 98-0579): Permits foundational
testimony business records to be introduced as evidence in open court through
contemporaneous audio and video transmission, such as Skype, from out of state.
Education
Gangs in Schools (HB
2768/PA 98-0059): Adds illegal use
or possession of weapons and illegal gang activity to the list of criminal
actions that require a principal to call on law enforcement agencies when the
safety and welfare of students and teachers are threatened. This is already
required in Chicago, but current law only states that it is the responsibility
of the principal to use proper law enforcement agencies when the safety and
welfare of students and teachers are threatened by illegal use of drugs and
alcohol in school districts outside Chicago. HB 2768 also specifically includes
illegal gang activity as a criminal offense for which courts and law
enforcement agencies must report to the principal of a public school whenever a
student has been detained.
Student
Online Privacy (HB 64/PA 98-0129):
States that a post-secondary school cannot request or require a student (or his
parent/guardian) to provide any account information, including passwords, in
order to gain access to social networking sites. However, this does not apply
when a post-secondary school has cause to believe that a student's account on a
social networking website contains evidence that the student has violated
school disciplinary rule or policy. Also requires elementary and secondary
schools to provide notification to students and their parents that they have the
ability to request or require account information, including passwords, in
order to gain access to social networking sites, if the school has reasonable
cause to believe that the student's account contains evidence that the student
violated disciplinary rules or policy.
The notification must be published in the disciplinary rules, policies
or handbook.
Zion School District
(HB 160/PA 98-0131): Introduced to benefit Zion Elementary School District #6, this measure
would give school districts more flexibility to access a dedicated Tort
Immunity Fund and use the funds for educational purposes only. Applies only
under certain conditions, requires a public hearing and expires in 2016.
Community Colleges (HB
3067/PA 98-0269): Adds an
exemption to the lowest responsible bidder requirement for community colleges
for contracts for the purchase of perishable foods and perishable beverages.
This will bring the community colleges in line with public universities and
K-12.
Bring Parents to School
Day (HB 129/PA 98-0304): Creates a
"Bring Your Parents to School Day" on the first Monday in October of
each year. Allows a school board to permit the parents or guardians of students
to attend class with their children and meet with teachers and administrators
during the school day.
Teacher Basic Skills
(HB 490/PA 98-0361): Requires
applicants seeking a Professional Educator License to pass a test of basic
skills before the license is issued. Also requires that all applicants
completing Illinois teacher education programs must pass the basic skills test
prior to starting their student teaching or starting the final semester of
their internship, unless it is required earlier by the institution.
Sex
Education (HB 2675/ PA 98-0441) This bill requires that all school districts that provide sex
education courses must use an approved curriculum chosen by the State Board of
Education. School districts have the option to not offer sex education, but if
they do, it must be "comprehensive" and approved by the state. Opponents
raised concerns that the decision as to what is an appropriate curriculum would
be taken away from local school boards and given to the state. Concerns were
also raised that this would actually discourage some school districts from
providing sex education because the state-mandated curriculum may not be
considered appropriate by the local school district.
Training to Identify
Mental Illness (HB 3070/ PA 98-0471):
Requires that school guidance counselors, teachers, school social workers, and
other school personnel who work with pupils in grades 7 through 12 be trained
to identify the warning signs of mental illness and suicidal behavior (instead
of just suicidal behavior).
Bacterial Meningitis Immunization (HB
3190/ PA 98-0480)): Requires DPH to adopt a rule requiring
students to receive a bacterial meningitis immunization upon entrance of 6th
and 12th grade.
School Board
Evaluations/Dismissals (SB 1762/ PA 98-0513): Amends the School Code
and Illinois Educational Labor Relations Act consistent with the language,
intent and implementation of SB 7 by clarifying 1) the collective bargaining
public posting process under which each party’s latest proposal is posted for
public view, 2) attainment of contractual continued service for a teacher in a
new school district, 3) date when school district waivers from statutory
evaluation ratings terminate and 4)
establishment of list of teachers, placement of part-time teachers and required
annual meeting of district committee regarding honorable dismissals through
reduction in force. Also makes several
grammatical changes.
Election Issues
17 Year-Olds Vote in Primary (HB 226/ PA 98-0051): Allows a 17
year-old who will be 18 years old by the general election to vote in the
preceding primary election.
Energy/Utilities
Water Rate Hikes (HB
576/PA 98-0191): Spells out
notice requirements for water and sewer utilities with greater than 15,000
total customers when a rate hike occurs.
Electric Aggregation (HB 1745/PA-0404): Makes it clear that
County electric aggregation only applies to unincorporated areas and does not
apply to city areas that have already adopted aggregation via referendum. This
was the intent of the original law in 2009 (HB 722/PA 96-176).
Utility Market
Settlement Services (SB 105/ PA 98-0554): Creates new Market Settlement Services for electric utilities with
rules and regulations that allow an electric utility to provide unbundled power
to large retail customers (400 KW or over) that are not served by that
electric utility. An electric utility (ComEd or Ameren) providing a Market
Settlement Service shall be permitted to recover its reasonable and prudent
initial implementation and start-up costs from these customers. The measure
includes a settlement agreement between RESA (Retail Energy Suppliers Association)
and ComEd from a ComEd rate case in which ComEd agreed to reform its
cancel/re-bill procedure. ComEd believes it needs statutory authority to
effectuate these changes.
Exelon
Decision Cleanup (SB 2243/PA 98-0583): This would return the treatment of electricity, water, and gas
and their producers to the pre-Exelon decision status quo and not
subject electricity, water, and gas to the imposition of sales tax.
Environment
Composting Pilot Permits (SB 850/PA 98-0146): Allows the
Illinois Environmental Protection Agency to issue an 18 month pilot permit to
two waste transfer stations in Elgin and Stickney to allow them to accept
landscape materials and food scrap for composting.
EPA Permits
(HB 2036/PA 98-0237):
Requires the Illinois Environmental Protection Act (IEPA), by January 1, 2014,
to maintain permit-related information on its website, including a yearly
report detailing the number of permits received and issued by IEPA, and the
average number of days for permit issuance.
Asphalt
Shingle Recycling (SB 1925/PA 98-0296): Allows the Illinois Environmental Protection Agency to
revoke Beneficial Use Determination permits for unlawful asphalt shingle
recycling practices. Beneficial Use
Determinations are permits authorized by the IEPA that allow waste materials to
be recycled or otherwise used in a way that is beneficial to health and the
environment.
Littering Fine (HB
3081/PA-0472): Amends the Litter Control Act to add a minimum fine of $50 for littering.
Cigarettes = Litter (HB 3243/PA 98-0483): Includes cigarettes in the definition of “litter,” so people could be
fined for inappropriately disposing of their cigarette butts.
Disposal
of Asphalt Roofing Shingles (SB 2226/PA 98-0542): States landfills cannot accept for disposal load
of whole or processed asphalt roofing shingles (unless commingled with other
construction material) if they are located within a 25 mile radius of an
asphalt shingle recycling center. Additionally, requires the recycling centers
to submit reports on the amounts of shingles received in a calendar year to the
EPA. Landfills are neutral on the amendment.
Ethics and Transparency
Community Associations
(HB 1773/PA 98-0232): This was
requested by the Illinois Lake Community Association to clarify that a Common
Interest Community Association cannot enter into a contract with a current
board member or with a corporation for which a board member or member’s family
controls 25% of the corporation’s interests.
Lobbyist Disclosure (HB
2943/PA 98-0459): Requires that
lobbyists that have another lobbyist as a client must disclose the name and
address of the ultimate beneficiary of their lobbying efforts. Also provides
that expenditure reports must include the ultimate beneficiary of the
expenditures made if one lobbyist has another lobbyist as a client. In recent
years it has become increasingly common for lobbyists working on major issues
to contract with other lobbyists to assist them. This can create a confusing
and difficult to decipher chain, where a lobbyist "A" lists that he
or she is lobbying on behalf of lobbyist "B," who in turn is
registered as lobbying on behalf of lobbyist "C." Without following
that chain, it can be difficult to determine what clients of lobbyist
"C" are actually also the clients of lobbyist "A."
Ethics and State Grants
(SB 2380/PA 98-0588) Grant
recipients cannot use any funds for prohibited political activity. This grew
out of a Cable
News Network investigation into the Neighborhood Recovery Initiative, which
found, among other things, that grant funds handed out prior to the 2010
election were used to pay teens to walk in a parade, clearly a political
activity, with Governor Quinn shortly before the 2010 election.
Gaming
Electric Charity Raffle Games (HB 1140/PA 98-0111): This
legislation attempts to clarify that electronic charity raffle games are not
considered a video game under the Video Gaming Act. In some towns, players pay
bartenders to add credit onto the game machines and then cash out the
winnings—designated charities receive a percentage of the money. Currently
these machines are legal under the Illinois Raffles Act.
Expansion of Charitable
Games (HB 996/PA -0377): Expands
the Charitable Game Act to:
- Increase the number of games which an operator
can manage from four to 12;
- Expands the maximum number of events that may
be held in any one location to one per month (currently eight per year);
- Increases the maximum bet from $10 to $20 on a
house banked game;
- Increases the size of potential cash winnings
by a single participant from $250 to $400;
- Clarifies that an unlimited amount of noncash
prizes may be awarded to a single winner;
- Allows a municipality to provide 48 (rather
than 16) charitable games nights a year on its premises;
- Increases the tax paid to 5% of net proceeds
of the charitable games (currently 3% of the gross proceeds);
- Gives the Gaming Board the discretion to
contract with more than one independent outside testing laboratory to do
the examination of gaming machines and associated equipment.
Defibrillators
at Race Tracks (HB 2506/PA 98-0423): Requires that horse race tracks have at least two automated
external defibrillators (AEDs) that are in operation and accessible when
backstretch workers are present at their racing facilities. One AED must
be placed in the paddock of their racing facility and one AED must be placed on
the backstretch of the racing facilities.
Health and Human
Services
DPH Disclosure
Requirement Change (SB 1321/PA-0087):
Establishes that the Illinois Department of Public Health (DPH) is no longer
required to disclose information on the stages of presentation and the
diagnostic and treatment status information from the Prostate and Testicular
Cancer Program in the Department’s Annual Report.
Illinois Diabetes
Commission Reports (HB 2199/PA 98-0097): Requires the State Diabetes Commission to submit a
report to the General Assembly every other year. Would require the Department
of Healthcare and Family Services (HFS) to cooperate with DPH to implement
recommendations from the committee report.
Medical Marijuana (HB 1/PA 98-0122): Establishes the "Compassionate Use of Medical
Cannabis Pilot Program Act." The
Act authorizes a registered qualifying patient who has been issued a registry
identification card by the Department of Public Health to possess up to 2.5
ounces of cannabis during a 14 day period.
A patient may not possess more than 2.5 ounces at any one time.
Opponents pointed out that
no local, state or federal law enforcement supported the measure; that the
legislation conflicts with federal law; and that marijuana's role as a gateway
drug is well documented.
The bill establishes
distributing criteria for cultivation centers and requires them to be
registered by the Department of Agriculture.
The Department of Agriculture may approve up to 22 licensed marijuana
growers, but no more than one per State Police District. Stipulates that cultivation centers may only
provide medical cannabis to dispensing organizations whose purpose is to
dispense cannabis and paraphernalia to qualified patients.
Dispensing organizations
are to be registered by the Department of Financial and Professional Regulation
(IDFPR). IDFPR may approve up to 60
dispensaries. Specifies certain
qualifying diseases and illnesses, but does not include a general eligibility
for chronic pain or nausea. Provides
framework for employer regulation and discipline for use of cannabis in the
workplace, and outlines that a patient may not drive while under the influence
of medical cannabis. Creates a new
provision allowing for field sobriety tests to be administered and admissible
in court.
Prisoners and Medicaid
(HB 1046/PA 98-0139): Authorizes
prisoners to apply for medical assistance at any time prior to their scheduled
release (rather than 30 days). One reason for this is to assure that when
prisoners are released and become eligible to receive Medicaid, the state
qualifies for the maximum available federal match.
Dental Assistant Anesthetic Administration (SB
1217/PA 98-0147): Allows dental
assistants to monitor nitrous oxide and general anesthetic. A dentist may supervise a maximum of four
dental assistants at a time for the monitoring of nitrous oxide.
Advanced
Practice Nursing (HB 1052/PA 98-0192): Provides an advanced practice nurse shall not be
prohibited from providing primary health care or treatment within the scope of
his or her training and experience. This language provides more flexibility and
access to advanced practice nurses' services.
Physician Discipline
Files (HB 1327/PA 98-0210):
Requires physician profiles maintained by the Dept. of Financial and
Professional Regulation must contain a description of any criminal convictions
for felonies and Class A misdemeanors within the last 10 years, rather than the
current five years.
Mental Health Records (HB 1458/PA 98-0221): This measure would allow an individual to consent
to the release of his or her own mental health records. It would also clarify
that the custodian of a mentally ill person can seek a court order to have the
individual transported to a mental health facility. Current law only allows for
transfer to a hospital.
Illinois ADA Update (HB 1462/PA
98-0224): Brings Illinois’
accessibility requirements for the disabled in line with the 2010 Americans
with Disabilities Act.
Health Care Worker
Badge Requirement (HB 2452/PA 98-0243): Requires all health care facility workers who examine or treat a
patient in Illinois to wear an ID badge with first name, licensure, and staff
position. Current law requires this only from health care facilities licensed
in Illinois. New bill would cover all facilities.
Flu Shots (HB 3191/PA
98-0271): Requires hospitals
in the state to offer flu shots to all patients admitted from Sept. 1 to April
1 each year.
Epilepsy Deaths (SB 1226/PA 98-0340): Requires all autopsies in the state to include an
inquiry as to whether the death was the result of a seizure or epilepsy. Also
creates a definition of Sudden Unexpected Death in Epilepsy (SUDEP.)
AIDS/ARC/HIV School Reporting Repeal
(HB 61/PA-0353): Repeals
language requiring the Illinois Department of Public Health or local health
departments to report cases of AIDS, ARC, or HIV to the school an infected
child attends.
Infectious Medical
Waste (HB 702/PA 98-0366): Affects the handling of “potentially infectious
medical waste” (PIMW), to grant an exemption for "sharps" (for
example needles or blood testing pins) that are packaged before being disposed
of, so that they are non-potentially infectious. Currently, sharps are excluded
from the definition of the term “potentially infectious medical waste” (PIMW)
if their infectious potential is eliminated through treatment and they are
rendered unrecognizable by that treatment. Once PIMW has been treated and the
sharps have been packaged properly, they can be placed in a landfill.
Funds from Facility
Closures (HB 1683/PA-0403):
Whenever a state-operated mental health or developmental disability facility is
closed, the Department of Human Services (DHS) is required, at the direction of
the Governor, to transfer funds from the closed facility to the appropriate
line item for the new venue of care, provided the new venue is a DHS- funded
provider.
Cancer Disability (HB
1809/PA-0405): Expands the
definition of disabled within the vehicle code to include persons whose ability
to walk is severely limited due to cancer.
HFPB Jurisdiction
Exemption (HB 2423/PA 98-0414):
Exempts doctors working under a contract with a facility from the jurisdiction
of the Health Facilities Planning Board (HFPB). Requires that the HFPB must
adopt rules changing its category of services.
Trafficking Tattoo Removal
Reimbursement (HB 2640/PA 98-0435): Provides that victims of human trafficking
may be reimbursed the cost of removing a tattoo that was applied in connection
with the commission of human trafficking. Out of State Transfers (HB 2760/PA 98-0448): Would allow an out of state physician to oversee and direct home care services for patients living in Illinois while a patient is transitioned to an in-state doctor. Would allow 90 days for the transition.
Childhood Cancer
Research (HB 3003/PA-0464): Creates the Childhood Cancer Research Advisory
Board to review grant applications and make recommendations to the Illinois
Department of Public Health in the awarding of grants for childhood cancer
research. Prohibits members of the board from being paid or receiving
reimbursement for expenses.
New
Americans (HB 3047/PA 98-0467): Creates the Governor’s Office of New Americans, aimed at helping
immigrants assimilate into society.
Breast Cancer Reconstructive Surgery
Info (HB 3175/PA-0479):
Requires the Department of Public Health (DPH) to establish a program to inform
breast cancer patients, especially minorities and ethnicities, of availability
and coverage of breast reconstruction, prosthetics, and other options available
through surgery.
Breast Cancer Brochure (SB 2314/PA-0502): Requires
the Department of Public Health to publish information about the impact and
concerns surrounding dense breast tissue in the breast cancer brochure the
Department currently publishes and distributes.
Human Service Provider
Protection (SB 1609/PA 98-0529): Makes it a Class 3 felony to make a threat
to a human services provider involving bodily harm, sexual assault,
confinement, or restraint; as well as any threat that damage will occur to
property. The threat must be linked to the duties of human service provider.
Applies to social workers, case workers, or investigators that work under
a contract or grant from the Department of Human Services, the Department of
Children and Family Services, the Department of Healthcare and Family Services,
or the Department on Aging.
Local Government
Ambulance
Service Funds (HB 438/PA 98-0199): Allows counties with a population between 8,400-9,000 to use
funds that come from an ambulance service levy for 911 services if voters
approve this use through referendum. Hamilton County currently levies an
ambulance tax, but does not provide a countywide ambulance service and would
like to use the funds for 911 services.
Local Bonds (HB 983/PA
98-0203): This bill would make it
easier access for taxpayers to seek backdoor referendums in cases where local
governments wish to propose alternative or “double-barreled” bonds. The
bill would apply to local governments with less than 500,000 in population. A
referendum would be required if sought by 7.5% of registered voters or 200
registered voters, whichever is less. Extends the time allotted for taxpayers
to secure a backdoor referendum from 30 days to 45 days.
CMS Date Collection (SB 1670/PA
98-0283): Would
require Central Management Services (CMS) to distribute a spreadsheet to each
State agency to facilitate the collection of data on the State's annual
workforce characteristics, workforce compensation, and employee mobility. CMS
would be required to annually make the data received from each State agency
available on the Illinois Transparency and Accountability Portal (ITAP) or
another open data site.
Errors by Tax
Collectors, Due Dates (SB 1737/PA 98-0286): Requires that if a county collector sends a separate bill for the
arrearages of taxes due, as a result of an administrative error on the part of
the county, the bill may be due no sooner than 30 days after the due date for
the next installment of taxes.
Local Government
Investment (SB 1950/PA 98-0297):
This is a proposal of the Illinois Metropolitan Investment Fund (IMET), which
pools money from local governments and invests them in investments permitted
under statute. This would allow IMET to buy local and state government
bonds for its pooled investment fund for all types of local governments
(currently, just municipalities and counties).
Water Infrastructure
(SB 1869/PA 98-0330): Updates
language in the state’s Municipal Code to allow cities and villages to
construct, and maintain storm sewers, detention basins and retention basins
(currently drains, ditches, levees, dykes, pumping works, and machinery).
An amendment allows construction of “green infrastructure” including green
roofs, rain gardens, bioswales, tree boxes, porous pavement, porous pipe
systems, native plantings, constructed wetlands, and cisterns. Cities and
villages may also acquire land to manage runoff by infiltration,
evapotranspiration, or collection.
Sanitary District
Appointments (HB 2239/PA 98-0407) Amends the
Sanitary District Act of 1917. In the event that an appropriate appointing
authority fails to appoint a trustee, the appointing authority will reconvene
and appoint a successor on or before July 1 of that year.
Municipal Finance (SB 2339/PA 98-0504): Designed to protect municipalities that utilize joint
insurance pools. The
measure requires joint
insurance pools to annually file a certification with the Director of Insurance
by an independent actuary, guaranteeing that the pool’s reserves are in
accordance with sound loss-reserving standards and are adequate for the payment
of claims. Grants the Director of
Insurance expanded regulatory oversight of joint self-insurance pools and
requires.
Pensions and Retirement
Benefits
Roth IRA (SB 1534/ PA 98-0491): Allows state employees with a deferred compensation
plan to also participate in Roth IRA plans. The bill also instructs the
Department of Central Management Services and local governments to allow
designated Roth IRA contributions and in-plan rollovers to designated Roth
accounts.
Senior Citizens
Elder Protections (SB 1287/PA 98-0120): Would ban people from being appointed to serve as
a guardian of a person or an estate of an elderly person, if they have been
convicted of felony harm or threat to a minor.
State Government,
Insurance and Regulation
Latino Family
Commission (HB 3049/PA 98-0032):
Moves jurisdiction of the Illinois Latino Family Commission from the Department
of Public Aid to the Department of Health Care and Family Services.
EMT – Military
Experience (HB 3186/ PA 98-0053):
Recognizes a candidate's military emergency medical training, emergency medical
curriculum, and clinical experience when the Department of Public Health
prescribes licensure testing requirements.
Insurance Investments (HB 1571/PA 98-0110): With regard to domestic mutual insurance companies
and domestic stock insurance companies, the measure stipulates criteria for
investments by insurance companies under the Insurance Code, requires bonds,
notes or certificates of deposit to meet certain requirements to be eligible,
and grants the Director of Insurance powers to refuse to accept certain
securities or refuse to accept the reported market value of certain securities.
Late Vehicle Titles (SB
1828/PA 98-0177): Authorizes the
Secretary of State to charge delinquent vehicle dealer transfer fees of up to
$100 to dealers that are late giving certificate of title to the Secretary of
State. Allows a Secretary of State Police investigator to issue administrative
citations to new or used vehicle dealers. Adds the National Motor Vehicle Title
Information Service (NMVTIS) to the list of services for which money from the
Commercial Driver's License Information System/American Association of Motor
Vehicle Administrators network (CDLIS/AAMVAnet) Trust Fund may be spent.
Insurance
Communications (HB 3300/PA 98-0189): Requires
that insurance companies accommodate a reasonable request to receive
communications via alternative means (e-mail, telephone, etc.) if the insured
requests an alternative means of communication because disclosure of the
information could endanger the insured.
Insurance Guaranty Fund
Board (HB 981/PA 98-0202): Expands
the board of directors of the Illinois Insurance Guaranty Fund to add a public
member appointed by the state's Director of Insurance. The
new members must be a licensed and certified public accountant or hold a
Chartered Property and Casualty Underwriter (CPCU) designation from the
American Institute for Chartered Property Casualty Underwriters.
Insurance Code Changes
(HB 1552/PA 98-0226): Amends the
Illinois Insurance Code to allow the Department of Insurance to electronically
send a quarterly invoice for fees to insurance companies, rather than mailing
the invoices. Removes a requirement that notices regarding coverage for a
dependent be provided on a semi-annual basis. Also changes the date of the
Department's annual report to the General Assembly from April 15 to July 1.
Fallen
Heroes (HB 1854/PA 98-0234): Would require the Governor to order flags to be flown at
half-staff when an Emergency Medical Services (EMS) crew member is killed in
the line of duty.
Capital Project Fund
(HB 2613/PA 98-0245): Clarifies
that federal capital funds that are left over after the State completes a
construction project must remain in a State capital fund to be used for future
construction projects, rather than being used to pay off bonds.
Fraternal Order of Police (SB 1216/PA 98-0275): Gives the legislature
greater oversight into how funds are spent by specifying that all moneys in the
Fraternal Order of Police Fund are subject to appropriation by the General
Assembly and distributed by the Secretary of State. These are funds raised
by the sale of special Fraternal Order of Police license plates.
9-1-1
Directory (HB 2856/PA 98-0332): Would require the Illinois Commerce Commission to provide 9-1-1
operators with a directory of other call centers to be able to transfer calls
out of their original jurisdiction.
Title
Insurance (HB 1545/PA 98-0398): Makes several changes to the state's regulations of the title
insurance industry, giving the Illinois Department of Financial and
Professional Regulation (IDFPR) broader authority over other licensing,
penalties, suspension or revocation of title insurance licenses. Also exempts
limited liability companies from a requirement that every title insurance agent
must be 18 years old.
Electric Bid
Specification (HB 2623/PA 98-0434):
Gives municipalities or other local governments that aggregate power the right
to know the source of the power utilized under the aggregation.
Yearly Budget
Requirements (HB 2947/PA 98-0460):
Would requires that the Governor's annual state budget submission include
detailed tables and narratives as to any projected budget surplus or a
projected budget deficit for the fiscal year. Also requires an estimate of
individual and corporate income tax overpayments that won’t be paid back by the
end of the fiscal year.
State Budget Online (HB
2955/PA 98-0461): Requires the
state budget to be published online within 60 days of being signed into law.
Auto Insurance (SB
1940/PA 98-0539): Beginning with
the 2016 registration year, this bill requires that mandatory insurance
information must be provided before any vehicle registration can be issued. Any
person that knowingly submits false insurance information shall be guilty of a
Class C misdemeanor. Also requires that the remittance agents to turn this
information over to the Secretary of State or face the loss or revocation of
their license.
Fine Arts Purchases (SB
1723/PA 98-0572): Amends the CDB
Act, the Illinois Procurement Code, and the Design-Build Procurement Act.
Eliminates a duplicative Board charged with procuring and selecting art work to
be displayed in public buildings. Makes minor changes to the Design-build
Procurement Act. Clarifies what projects qualify under the Act and
replaces the word “projects” with “construction projects” throughout the bill.
Budget Transparency (SB
2106/PA 98-0580): Creates the
Governmental Transparency Task Force to create a plan to make the State
budgeting process more transparent and publicly-accessible. Establishes a
16 member board comprised of appointments by the Governor and the four
legislative leaders. Report due by January 1, 2015.
Grant Transparency (SB 2381/PA 98-0589): Increases grant transparency and gives the
public greater access to information about state grants and how grant monies
are distributed and used. Requires the state’s Chief Information Officer to
work with state agencies to better report financial data. Would require all
state grants to be posted online at data.illinois.gov, including name and zip
code of the organization receiving the grant, a short description of the
purpose; amount of the award, and date of the award.
This legislation was
prompted in part by the controversial Neighborhood Recovery Initiative, which
was the subject of an investigative report by the CNN television network. The
report on the Neighborhood Recovery Initiative (NRI) found that the program
paid teens to hand out fliers, take field trips to museums, march in parades
with the Governor, and attend yoga classes.
The program lacked public
scrutiny, guidelines and standards for the distribution of funding. The
Governor moved $94M from his FY11 discretionary lump sums to the IL Violence
Prevention Authority (IVPA). After those funds were transferred from the
Governor's lump sums to IVPA, the monies were further transferred to the
non-appropriated IVPA Special Projects Fund. However, there
was no clear way to review where the money was going and what programs it was
going to. It took CNN a four-month investigation to reveal that funds
were being questionably spent, and conveniently doled out just in time for the
Governor's election.
Taxes and Fees
Exempts MABAS Land from
Taxation (HB 1206/PA 98-0206): This
legislation exempts property owned by the board of a Mutual Aid Box Alarm
System (MABAS) from taxation. MABAS works with fire
services, EMS professionals, and other personnel to create a resource
response plan to any location when the Governor orders a declaration of
disaster.
Department of Revenue
Updates (HB 3157/PA 98-0478): This
is an Illinois Department of Revenue 2013 Omnibus Income Tax Proposal. The
measure would update and streamline certain business tax forms and regulations.
Department of Revenue
Omnibus (SB 2169/PA 98-0496): Represents
the Illinois Department of Revenue's 2013 Omnibus Enforcement Proposal. Among
the provisions included, the measure allows the Revenue Department to deny a
certificate of registration to a retailer who is in default on taxes due,
provides a six-year statute of limitation on notices of deficiency when a
taxpayer understates their withholding by more than 25% and also extends the
statute of limitations for certain businesses that file an Illinois return.
Truck/SUV Rental Taxes
(SB 1772/PA 98-0574): Expands
the exemption on sales taxes for rental vehicles to include trucks and SUVs
used primarily for transporting passengers.
Transportation,
Infrastructure and Vehicular Regulation/Safety
License Plates – Wild
Turkey and Childhood Cancer (HB 2754/ PA 98-0066): Provides for the issuance of National Wild
Turkey Federation license plates. Creates the National Wild Turkey Federation
Fund as a special fund in the State Treasury. An amendment was added to
create a curing Childhood Cancer Fund and the Curing Childhood Cancer Plates.
License Plates –
Diabetes Awareness (HB 1815/PA 98-0096): Creates Diabetes Awareness license plates. The fee for the plate
will initially be $40 with $25 going toward Juvenile Diabetes research.
IDOT Flashing Lights
(HB 774/PA 98-0123): Allows
the use of red or white oscillating, rotating, or flashing lights on vehicles
belonging to the Illinois Department of Transportation designated as Emergency
Traffic Patrol.
License Plates
– Illinois Nurses (SB 1383/PA 98-0150): Creates the Illinois Nurses License
Plate.
License Plates – Red
Cross (SB 1439/PA 98-0151): Creates
an American Red Cross License Plate with a portion of the proceeds going into a
new Red Cross Fund. Money in the Fund will be paid as grants to the American
Red Cross subject to appropriation by the General Assembly.
Window Tints (SB
1524/PA 98-0153): Preempts
home rule with respect to window tinting of automobiles. State law establishes
a maximum level of tint. The intent of this bill is to prohibit municipalities
from mandating a lighter tint. This would prevent motorists for being ticketed
while driving in cities they don't normally visit.
Kelsey’s Law (HB
1009/PA 98-0168): Creates
"Kelsey's Law" dealing with the issuance of Graduated Driver's
Licenses for minors with traffic citations. A fifteen year old girl, Kelsey,
was walking with two friends on the side of the roadway one evening where there
was no sidewalk. She was struck by a truck driven by a 15-year-old boy who had
his instruction permit. The boy was able to obtain his Graduated Driver's
License a few days later because the current form did not require him to
disclose he had a pending traffic ticket.
Secretary of State (SB
1871/PA 98-0178): This is an
omnibus measure requested by the Secretary of State dealing with out of state
license cancellation, out of state traffic citations and security judgments
less than $5.
License Plates
– Illinois Police Association (HB 1817/PA 98-0233): Provides for the issuance of the Illinois
Police Benevolent and Protective Association license plates.
Uninsured Motorists (HB
2393/PA 98-0242): Eliminates
the requirement that automobile insurers must provide information about the
availability of uninsured motorist coverage when a policy is being renewed.
Buyers must still be told about uninsured motorist coverage when buying a new
policy, but not every time they renew coverage.
License Plates –
Alzheimer's Awareness (HB 2822/PA 98-0259): Creates Alzheimer's Disease awareness license plates. An
additional fee of $25 with $10 at issuance and $23 at renewal going into a
newly created Alzheimer's Awareness Fund to be paid as grants to the
Alzheimer's Disease and Related Disorders Association.
Driving on Restricted
License (SB 1735/PA 98-0285): Increases
the penalty for driving while a license is suspended or revoked if the
violation results in an accident that causes personal injury or death to a
Class 4 felony for a second or subsequent offense.
License Plates – Prince
Hall Masons (HB 167/PA 98-0300): Creates
the Prince Hall Freemasonry License Plate. Prince Hall Freemasonry is a branch
of the US Freemasonry consisting predominately of African-Americans but
welcomes other races.
Police
Privacy (SB 1693/PA 98-0323): Would allow peace officers to provide their work address instead
of a home address when applying for an Illinois Identification Card, a driver’s
license or instruction permit.
Construction Zone
Speeding (HB 1814/PA 98-0337):
Creates separate offenses for speeding in a construction or maintenance zone
when workers are present and are not present. Removes penalty of license
suspension in construction zones when construction workers are not present and
no danger of hitting a construction worker exists.
License Plates – K-9 Memorial
(HB 198/PA 98-0360): Creates
the Illinois Police K-9 License Plates.
License Plates – Public
Safety Diver (HB 989/PA 98-0376): Creates
a new special license plate- the "Public Safety Diver" plate.
License Plates – The H
Foundation (HB 1238/PA 98-0382): Provides for the issuance of The H Foundation – Committed to a Cure
for Cancer license plates.
License Plates –
Retired Law Enforcement (HB 1529/PA 98-0395): Creates the Retired Law Enforcement license plates.
Creates the Illinois Sheriffs’ Association Scholarship and Training Fund to
receive a share of revenues from the plates.
Motorcycle Road Guard
(HB 1539/PA 98-0396):
Provides that local authorities may certify persons to act as traffic control
for special events. This is intended to allow local motorcycle groups to assist
police in directing traffic during special motorcycle events. The persons must
be obeyed in the same manner as a police officer, fireman, or crossing guard
when directing traffic.
Sewer
Cleaner Trucks (HB 1810/PA 98-0406): Allows
combination sewer cleaning jetting vacuum trucks that are registered as a
Special Hauling Vehicle to carry additional weight.
Special Hauling
Vehicles (HB 2310/PA 98-0409): Extends
by 10 years the model years of Special Hauling Vehicles exempt from the federal
bridge formula that regulates vehicle weights. Special Hauling Vehicles are
generally special purpose trucks, such as cement mixers and multiple-axle
trucks designed for hauling special cargo.
IDOT Business Impact
(HB 2382/PA 98-0412): Requires
the Illinois Department of Transportation to work with property owners,
including residents, businesses, and other community members, before and during
construction by considering various methods to mitigate and reduce project
impacts. This could include, but would not be limited to, detour routing
and temporary signage.
License Plates – Fire
Department Vehicles (HB 2641/PA 98-0436): Allows for permanent license plates on fire trucks owned by
municipalities, fire districts and Mutual Aid systems. Plates are subject to an
$8 fee and are exempt from a transfer fee but the department must report the
transfer to the Secretary of State.
Alternative
Fuel Vehicles (HB 2695/PA 98-0442): Would require 25% of state vehicles to use alternative fuels by January 1,
2016. Exempts the Illinois State Police and the Illinois
Department of Corrections. Also allows the Department of Transportation to
construct and maintain at least one electric vehicle charging station at each
rest area on state highways.
Car Dealer Fees (HB 2773/PA 98-0450): Changes the fees of the Dealer Recovery Trust Fund
to a graduated schedule based on the number of cars sold. This would
reduce the fee for car dealers selling less than 300 vehicles in a year and
keep the same fee for those selling more than 300. Allows an applicant to
submit a claim to the fund within two years of the transaction (instead of
within 9 months). The Dealer Recovery Trust Fund protects vehicle buyers
in cases where a dealer goes out of business without paying off the balance of
their customers' liens on traded-in vehicles.
Ambulance License
Renewal (HB 2777/PA 98-0452): Allows
ambulance license renewals to take place every four years. Currently this must
be done each year.
Bicycles
(HB 3367/PA 98-0485): Allows bicycles and other human powered, two wheeled vehicles to
pass cars on the right. This is to prevent police in certain areas from writing
citations to bicyclists when the prohibition was intended for motorcycles only.
Truck Inspections (SB
1294/PA 98-0489): Reduces the
late penalty for meeting the semi-annual inspection requirement for intrastate
trucks to a petty offense. The minimum fine is $95 and the maximum fine is
$250. If the violation occurs in conjunction with a motor vehicle
accident, the person is guilty of a class C misdemeanor. A minimum fine
of $95 requires a court appearance.
Speed Limits (SB
2356/PA 98-0511): Increases
the maximum speed limit to 70 mph on all interstates, toll highways and four
lane divided highways. The speed limit would be 65 for other highways. Provides
that Cook and the collar counties may opt out of the higher speed limit via
ordinance.
Trucking Regulation (SB
925/PA 98-0512): Repeals the
state regulation on the consecutive hours a trucker may drive. This is a cleanup
bill, as current state regulations are outdated and federal law already
regulates the hours truckers may drive.
School Bus Cameras (SB
923/PA 98-0556): Allows
school buses to be equipped with automated traffic law enforcement systems.
These cameras would be designed to issue citations for motor vehicles passing a
stopped school bus. This applies statewide. A House amendment diverts
money that was originally set to go to school districts and changes the
allocation so that more money will go to the municipalities where they are
located.
Golf Cart and ATV
Highway Crossing (SB 1530/PA 98-0567) Communities
may permit a person operating a non-highway vehicle, such as a golf cart or an
all-terrain vehicle, to cross a State highway at an intersection of the highway
with another public street, +++++++++road or highway. This was requested by a
community that has a highway as the major street through the town and wants to
be able to allow persons to cross the highway. The bill also provides that
racing shells, rowing sculls, racing canoes, and racing kayaks are not required
to carry personal flotation devices as long as they are participating in an
event that the Department of Natural Resources has sanctioned as being personal
flotation device optional.
Disability Parking (SB
1929/PA 98-0577): Requires an
application for a metered exempt parking decal to provide evidence of permanent
disability. Also states that exemptions from parking fees for disabled persons
only apply to metered street parking and public parking areas and not publicly owned parking garages.
Publishing Toll Violators (SB 01214/ PA 98-0559): Provides that the Toll Highway Authority may
maintain an online list of persons or entities owing the THA more than $1,000
for tolls, fines, unpaid late fees or administrative costs that remain unpaid
after the exhaustion of, or failure to exhaust, the judicial review procedures
under the Administrative Review Law. Each entry may include the person or
entity's name as listed on the final order of liability.
Veterans and Military Affairs
Military Driver
Skills Exemption (HB 2563/ PA 98-0052): Waives the Commercial Drivers License skills test requirement
for an applicant who has military commercial motor vehicle experience and
complies with federal rules.
Veterans Employment (SB
204/PA 98-0054): Allows honorably
discharged veterans as well as members of the Illinois National Guard or other
reserves to substitute some overseas service for the collegiate educational
requirements to become a trooper with the Illinois State Police. Applies to
persons awarded service medals for Southwest Asia, Kosovo, Korean
Defense, Afghanistan, Iraq, or Global War on Terrorism.
Veterans Probation Program Clarification (SB
1497/PA 98-0152): Clarifies that
eligibility for a Veterans and Service members Court program or a mental health
court program (probationary programs) is limited to only those defendants whose
crime is eligible for probation. Any defendant who is ineligible for probation
is not eligible for a Veterans and Service members Court program or a mental
health court program.
Veterans Priority Registration (SB 2245/PA
98-0316): Requires public
universities and community colleges to give veterans and service members the
earliest possible enrollment opportunity that they offer to any class of
students. This benefit must be used
within 15 years after leaving military service. This is to address a problem
where the federal government has been slow in reimbursing veterans. The intent is
to allow veterans to submit the information to the federal government earlier.
Naval Bases (SB 1953/PA
98-0494): Affects
the U.S. naval bases in northern Illinois. Allows the sunset of
the PPV lease classification system on January 1, 2016. A PPV lease is a
leasehold interest in U.S. military property that is leased to
another. An amendment was adopted so that the measure would not affect
Scott Air Force base near St. Louis.
ment
for an applicant who has military commercial motor vehicle experience and
complies with federal rules.
Veterans Employment (SB
204/PA 98-0054): Allows honorably
discharged veterans as well as members of the Illinois National Guard or other
reserves to substitute some overseas service for the collegiate educational
requirements to become a trooper with the Illinois State Police. Applies to
persons awarded service medals for Southwest Asia, Kosovo, Korean
Defense, Afghanistan, Iraq, or Global War on Terrorism.
Veterans Probation Program Clarification (SB
1497/PA 98-0152): Clarifies that
eligibility for a Veterans and Service members Court program or a mental health
court program (probationary programs) is limited to only those defendants whose
crime is eligible for probation. Any defendant who is ineligible for probation
is not eligible for a Veterans and Service members Court program or a mental
health court program.
Veterans Priority Registration (SB 2245/PA
98-0316): Requires public
universities and community colleges to give veterans and service members the
earliest possible enrollment opportunity that they offer to any class of
students. This benefit must be used
within 15 years after leaving military service. This is to address a problem
where the federal government has been slow in reimbursing veterans. The intent is
to allow veterans to submit the information to the federal government earlier.
Naval Bases (SB 1953/PA
98-0494): Affects
the U.S. naval bases in northern Illinois. Allows the sunset of
the PPV lease classification system on January 1, 2016. A PPV lease is a
leasehold interest in U.S. military property that is leased to
another. An amendment was adopted so that the measure would not affect
Scott Air Force base near St. Louis.
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