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