New Laws Affecting Sportsmen in 2017
Permitting bowfishing for catfish Public Act 99-867, House Bill 5788
Bowfishing is the practice of taking a fish with a spear or a bow and arrow. Existing Illinois law limited the kinds of fish that can be taken through bowfishing. HB 5788 added catfish to the Fish Code list of fish that can be taken with sharp weaponry.
No catch limits on private fish ponds - Public Act 99-532, House Bill 5796
Illinois law limits the number of fish a person with a fishing license can legally catch in a 24 hour period. House Bill 5796 creates an exception for people fishing on fish ponds located on their own private property.
Youth Trapping Licenses - Public Act 99-868, Senate Bill 2410
Persons under the age of 18 may apply for a Youth Trapping License, which will grant to them limited trapping privileges. In order to trap or carry a hunting device, the youth must be accompanied by a parent, grandparent or guardian over 21 who has a valid Illinois hunting license.
Agriculture Education Teacher Grant Program Public Act 99-826, Senate Bill 2975
A school district may apply for a grant to fund 50% of the personal services cost for an agriculture education teacher, or if the school is creating a new agriculture education program, 100% of the cost in the first two years and 80% in the third and fourth years. This new act is subject to appropriation.
Landowner hunting permit procedures - Public Act 99-869, Senate Bill 3003
Amending the Wildlife Code, SB 3003 allows owners and resident tenants who control 40 or more acres of land in Illinois to apply for and receive without fee deer permits, turkey permits or a combination deer/turkey permit. The law also applies to members of hunting clubs, partnerships or cooperatives if the group owns the land in question.
NEW ILLINOIS LAWS FOR 2017
As citizens throughout the state of Illinois ring in the New Year, nearly 200 laws will take effect. A significant number of the new laws target crime, make changes to the criminal justice system, seek to assist law enforcement, and advance safety provisions for Illinois motorists.
Criminal justice reforms poised to take effect
One measure to allow greater flexibility in granting probation for certain non-violent offenders with no prior conviction for a violent crime is set to take effect on Jan. 1. Senate Bill 3164 is part of a bipartisan package of legislative reforms to Illinois’ criminal justice system, and was introduced at the recommendation of the Governor’s Illinois State Commission on Criminal Justice and Sentencing Reform.
The commission was charged with identifying policy changes to reduce recidivism and make significant reductions to the state’s prison population, which had increased by more than 500 percent in the last forty years. Senate Bill 3164 is one measure that seeks to reduce the number of non-violent offenders in Illinois’ correctional facilities—which are operating at roughly 150 percent of recommended capacity.
New laws aim to address sexual assault and domestic abuse
Another new law, Senate Bill 3096, seeks to increase the reporting, investigation, and successful prosecution of sexual assault cases in Illinois. This new law gives victims a longer period of time to request a rape kit, speeds up forensic testing to address the backlog of testing rape kits in sexual assault cases, and requires more detailed reporting of sexual assault cases by police.
Additionally, cosmetologists will receive special training to spot the signs of domestic violence and sexual violence as part of their license renewal process under House Bill 4264. Advocates of the measure said the training is intended to reduce domestic violence by increasing awareness and offering victims another place to turn for help – especially those who may not feel comfortable going to the authorities.
Minors protected by new laws
Child victims of battery will be able to give testimony via a one-way closed circuit television thanks to Senate Bill 2880. This legislation allows children involved in battery or aggravated domestic battery cases to avoid the serious emotional trauma and distress of testifying in a courtroom.
Senate Bill 2370, sponsored by Senate Republican Leader Christine Radogno (R-Lemont), requires legal counsel during the interrogation of minors under the age of 15 who have been charged with murder. This law addresses concerns that minors may not fully understand their legal rights, and as a result should have legal representation present when speaking with police.
New law strengthens employee privacy
Another new law, House Bill 4999, seeks to further protect employee’s online privacy by strengthening and clarifying existing laws that make it unlawful for any employer or prospective employer to require an employee or prospective employee to provide usernames and passwords to their personal online accounts, including social media accounts.
“Bath salts” sales
Senate Bill 210 aims to curb the sale of all synthetic cathinones, drugs that are often sold under the disguise of legitimate products such as “bath salts.” “Bath salts” have made headlines in recent years for the bizarre, zombie-like behavior exhibited by those under its influence. Under this new law it will become a Class 3 felony with a maximum fine of $150 to sell these drugs in a retail store.
Police dog retirement plan
Police dogs will be able to enjoy their retirement in permanent homes with the police officers and staff they worked with under Senate Bill 3129. Should the officer or employee who worked with the dog be unable to take their canine work companion, under the new law the dog may be offered to another officer or employee in the agency, a non-profit agency, or a no-kill animal shelter that will find an appropriate owner for the dog.
New transportation laws increase public safety
Don’t forget to stop at a railroad crossing when the warning gates and lights are on! Under Senate Bill 2806 the fine for failure to stop at a railroad crossing will double. A first violation will now cost you $500 and subsequent violations will cost $1,000.
Private transportation companies will be allowed to operate video recording devices under Senate Bill 629. The new law stipulates that vehicles using this type of technology must have a notice posted stating that a passenger’s conversation may be recorded. Any data recorded becomes the sole property of the vehicle’s owner.
The Annie LeGere Law
Prompted by the tragic death of 13-year-old Annie LeGere, who suffered a fatal anaphylactic reaction while at a sleepover party, House Bill 4462, also known as the Annie LeGere Law, will take effect as 2017 begins.
Annie’s Law provides better access to live-saving treatment for allergic reactions by expanding training for law enforcement on how to recognize and respond to anaphylaxis, including the administration of an epinephrine auto-injector.
Veterans and military families aided by new laws
Student musicians may now be excused from school in the case of a military funeral procession under a new law that takes effect on January 1. House Bill 4432 ensures that any Illinois public student, grades six through twelve, is permitted to attend a funeral of a deceased veteran during school hours for the purpose of playing “Taps,” a bugle call traditionally performed during flag ceremonies and military funerals.
To honor fallen soldiers, House Bill 4344 creates the Heroes Way Designation Program Act. The law allows for the families of veterans who were killed in action while on active duty to apply for a designation to honor the departed with a personal sign on designated roadways under the jurisdiction of the Illinois Department of Transportation.
This new law was inspired by a similar law in Missouri that allowed interstate interchanges to be designated for Missouri residents who were killed in action on or after September 11, 2001, in either Afghanistan or Iraq.
New laws focus on children
Children under the care of the Department of Child and Family Services (DCFS) will now have access to a greater family support system. House Bill 5656 requires that DCFS provide visitation privileges and accommodations to the grandparents and great-grandparents of a child under the department’s supervision—as long as it’s in the best interest of the child.
Amending Childhood Hunger Relief Act, Senate Bill 2393 is a new law this year that requires all school districts in Illinois to implement and operate a "breakfast after the bell" program. The legislation asserts that schools must provide breakfast for their students after the instructional day has begun—and may also begin serving before the day has begun.
New laws provide new ways to hunt and trap
In order to trap wild game in past years, the Department of Natural Resources (DNR) required that all individuals must complete a hunting training course. Senate Bill 2410 has lifted that requirement and now permits that individuals ages 18 and under can trap wild game without certification as long as they are accompanied by an adult age 21 years or older.
Lastly, thanks to House Bill 5788, a new fishing law states that fishermen can now add catfish to the list of species that may be caught with a pitchfork, underwater spear gun, bow and arrow, or a bow and arrow device. Under the new measure, the DNR will authorize the selling of species taken by the above methods.
Being able to sell these fish not only benefits fishermen, but is also crucial to the state’s overall environmental health. The current overpopulation of Asian Carp throughout the state is causing irreparable damage to Illinois’ waterways and ecosystems. The DNR’s authorization will allow fisherman to sell the carp carcasses, which are often taken by non-traditional methods and can be used to make fertilizer—providing incentives to catch them in greater numbers.
VIDEO: 17 in 17
Nearly 200 new laws will take effect as the New Year begins, click here to see a video highlighting 17 of these new laws.
More details on these laws, and a full listing of all the new laws taking effect on January 1 can be found at www.senategop.state.il.us.
Agriculture, Animals and Hunting
Youth Trapping Licenses (SB 2410/PA 99-0868): Allows individuals age 18 and younger to trap without having to take the hunter training course required by DNR. Youth must be accompanied by parent, grandparent, or guardian 21 years of age or older. Provides that beginning January 1, 2016 anyone person born on or after January 1, 1998 cannot obtain a trapping license unless they provide proof they have a certificate of competency provided for in the section regarding trapping.
Ag Teacher Grant Program (SB 2975/PA 99-0826): Creates the Agricultural Education Teacher Grant Program that aims to assist school districts in paying for personal services costs of agriculture education instructors.
Specialty Hunting Licenses (SB 3003/PA 99-0869): States that DNR, on an annual basis, may establish a youth-only spring wild turkey season which shall include 2 consecutive weekends. Consolidates lines referring to the special permits for Equity members, partners, and shareholders of land owned by a company, as well as Illinois residents who own 40 or more acres of property they intend to hunt on into one new section.
Agribusiness Recognition Signs (HB 4318/PA 99-0823): Allows the Department of Agriculture to sell (at cost) to qualified applicants signs recognizing an agribusiness that has operated for 100 years or more or 150 years or more.
Public Hunting of Game Birds (HB 4604/PA 99-0866): Allows hunters to take bobwhite quail, chukar partridge, and gray partridge on public hunting grounds.
Fishing Rules/Regulations (HB 5788/PA 99-0867): Adds catfish to the list of species that may be taken with a pitchfork, underwater spear gun, bow and arrow, or a bow and arrow device. Allows the Department of Natural Resources to authorize the selling of species taken by the above methods within that specific section.
Local Food, Farms, and Jobs Council Reduction (HB 5933/PA 99-0653): Reduces the size of the voting members on the Local Food, Farms and Jobs Council from 35 to 18 in order to increase efficiency. Removes the council’s responsibility to develop a label and certification program.
Egg Sales (HB 6287/PA 99-0732): No eggs may be offered for sale for consumer use 45 days or more after candling (rather than after the original 30-day candling date). Extends the expiration date labeling requirement for grade A and AA eggs to no later than 45 days after candling.
Business, Commerce, Labor, Regulation and Licensure
Domestic Workers’ Rights (HB 1288/PA 99-0758): Defines a domestic worker as a person that provides household services for members of households or their guests in or about a private home or residence or any other location where the domestic work is performed. Provides these workers with same workers protections under the Illinois Human Rights Act, Illinois Minimum Wage Law, Wages of Women and Minors Act, and the One Day Rest in Seven Act; allowing the workers to be able to sue for harassment and discrimination, collect minimum wage and overtime pay, and receive at least one continuous 24 hour period of rest every calendar week.
SURS Union Pension Membership (SB 2156/PA 99-0897): States that all future employees of the education associations working with employers, but who are not direct employees, are not eligible to participate in the SURS pension system. All currently participants in the pensions system are held harmless. Also adds “bonuses” to the list of non-pensionable income/compensation.
Undeveloped Community Property Ownership (SB 2358/PA 99-0569): Provides that any assignment of a developer's interest in the property is not effective until the successor obtains the assignment in writing and records the assignment. Ensures that banks or subsequent purchasers of undeveloped portions of an association have written proof that they are the new owner instead of allowing verbal claims of ownership.
Yoga School Certification (SB 2743/PA 99-0705): Adds a school or program within a school that exclusively provides yoga instruction, yoga teacher training, or both to the list of exemptions that are not considered private business and vocational schools. Allows these schools or programs to operate without obtaining permit approval by the Board of Higher Education.
Wage Assignment Revocation (SB 2804/PA 99-0903): Allows an employee, who originally consented to a wage assignment, the ability to revoke the wage assignment as long as it is revocable under federal law.
Real Estate E-Recording Commission (SB 2805/PA 99-0662): Adds two members to the Illinois Electronic Recording Commission. These two new members will be appointed by the Secretary of State. They are to be licensed real estate brokers or managing brokers under the Real Estate License Act of 2000.
Pesticide Application (SB 2918/PA 99-0540): Provides that under the Illinois Pesticide Act a “Commercial Not For Hire Applicator,” includes a certified applicator who uses or supervises the use of pesticides classified for general or restricted use as an employee of a state agency, municipality, or other duly constituted governmental agency or unit. Also, removes the definition of “Licensed Public Applicator” from the act and changes fees for licensure.
Electrologist Licensing (SB 2984/PA 99-0632): Requires a person to complete a total of 600 hours in the study of electrology over a period of not less than 16 weeks nor more than 4 (rather than 2) years at a program approved by the Department.
Winery Shipping License (SB 2989/PA 99-0904): Makes changes in what is required for a winery shippers license, increases penalties for illegal shipments of alcohol into the state and increase fees on every type of liquor license.
Minority and Women Trades People (SB 3104/PA 99-0584): Institutes a civil penalty system for violations of the State Construction Minority and Female Building Trades Act.
Low Wage Non-Compete Clauses (SB 3163/PA 99-0860): Prohibits a mutually agreeable covenant not to compete, also known as a non-compete clause, between an employer and a low-wage employee, an hourly worker who makes the greater of the state/local minimum wage or $13.00 an hour. Any covenants will be declared illegal and void.
Recyclable Metal Theft Task Force (HB 3363/PA 99-0760): Establishes that a representative of a local exchange carrier doing business in Illinois is added as a member of the Recyclable Metal Theft Task Force.
Wage Payment Recovery (HB 3554/PA 99-0762): Directs the Department of Labor (DOL) to conduct a good faith search to find aggrieved employees harmed by unpaid wages so they may recover what they are owed. If the DOL cannot locate the aggrieved employee then the Department can deposit the amount recovered into a specified DOL fund. Also prohibits the Department from requiring proof of citizenship or Social Security numbers.
Unpaid Leave for Domestic Abuse Victims (HB 4036/PA 99-0765): Expands the job protection and four (4) workweek unpaid leave benefit that is mandated on employers with 50 or more employees to now include all employers. This is a leave benefit that is already mandated by law for victims of domestic violence and sexual abuse. Adds four (4) workweeks of leave for employees of employers with 1-14 employees. This leave is referred to as “VESSA.”
Pension Eligibility (HB 4259/PA 99-0830): Prevents non-direct employees of association that work with State entities from participating in TRS, SURS or IMRF.
Cosmetology Renewal License Domestic Violence Course (HB 4264/PA 99-0766): Requires all licensed professionals under the Cosmetologist Act that include continuing education requirements for renewal include at least one (1) hour of a domestic violence and sexual violence awareness in the next renewal process.
Notice of Claim for Labor or Material – Public Construction Bonds (HB 5660/PA 99-0673): A verified notice of a claim shall be deemed filed on the date personal service occurs, or the date when the verified notice is mailed as authorized by statute.
Plumber Licensing Act (HB 5913/PA 99-0504): Requires a licensed plumber to provide proof of completing four hours of continuing education to renew their license, as well as submit evidence that they have successfully completed a plumbing course supervised directly by an Illinois Licensed plumber. Also, requires the Director of the Department of Public Health to approve a plumbing license application.
IDES Reporting Requirements (HB 5930/PA 99-0652): Changes the monitoring of employment progress for women and minorities in the workforce from the Department of Labor to the Department of Employment Security (IDES). Codifies that that a nursing employing agency, prior to any employment, must check the Health Care Worker Registry to verify that the nurse certification is valid and that the nurse is eligible to be hired. Requires the reports details employment progress of women and minorities in the work force to be filed biennially, instead of annually, and that the reports shall be filed on April 1st of every even-numbered year.
Employee Sick Leave Act (HB 6162/PA 99-0841): If an employer has a sick leave policy allowing the employee time off (illness, injury, or medical appointment) then the employer must extend that sick leave policy to the employee in the case of illness, injury, or medical appointment of the employee's child, spouse, sibling, parent, grandchild, step-mother, step-father, or step-parent.
Leased Employees Workers Comp (HB 6225/PA 99-0726): Requires either an employee leasing company or the receiving employer to provide workers' compensation insurance coverage to the employee.
Realtor Continuing Education (HB 6245/PA 99-0728): Realtor managing brokers and brokers are no longer limited to six hours of continuing education credit in one calendar day.
Extension of Medical Practice & Optometry Act (SB 0870): Provides for 1 year extension for the Medical Practice Act and extends the Optometric Practice Act for 10 years. Also, provides for an expansion in scope for optometrist to practice more invasive procedures currently performed by ophthalmologists.
Children and Families
Youth Diversion Task Force (SB 320/PA 99-0894): Creates a youth diversion task force within DHS to identify existing diversion programs, available funding sources, and any possible barriers to the program.
Teen REACH Program Act (SB 2407/PA 99-0700): Establishes a state grant program called Teen Responsibility, Education, Achievement, Caring, and Hope (Teen REACH) Grant Program. This grant program is intended to support local communities by providing grant funding to after-school activities for children ages 6-17.
Adoption Information Additions (HB 4590/PA 99-0832): Includes facts surrounding adoption to the list of non-identifying information that is provided to adult adoptees upon request. Adds the reason or reasons the birth parent or parents stated for placing the child for adoption, how and why the adoptive parent or parents were selected and who selected the adoptive parent or parents, and whether the birth parent or parents requested or agreed to post-adoption contact with the child at the time of placement and, if so, the frequency and type of contact.
Adoption-only Homes (HB 4641/PA 99-0833): Provides a process for adoption-only homes that does not require the home to be licensed as a foster care home.
Foster Care Records and Licensing (HB 4966/PA 99-0779): Provides a guardian or attorney for the child access to foster care licensing records of the home a child was placed in. Also provides a process for review of past performance of foster care license applicants through a quality of care concerns preliminary application process.
Incarcerated Parents Rights (HB 5551/PA 99-0836): Includes foster parents in the definition of fictive kin and requires incarcerated parents be included in DCFS case planning and to allow DCFS to not seek termination of parental rights when a parent is incarcerated if specific efforts by the parent are shown.
Grandparent Visitation (HB 5656/PA 99-0838): Allows grandparent and great-grandparent visitation of children who are in DCFS care.
Ward Children Notification (HB 5924/PA 99-0821): Unless there is a court order to the contrary, a guardian must use reasonable efforts to notify a ward's known adult children who have requested notification and provided contact information of the ward's admission to a hospital or hospice program, the ward's death, and the arrangements for the disposition of the ward's remains.
Lead Contamination Notice (SB 2300/PA 99-0790): Owners of regulated facilities must provide notice of a lead hazard to a lessee or a perspective buyer prior to renewal of a lease or entering into a new sales contract.
Condo Association Board Closed Meetings (SB 2354/PA 99-0567): Clarifies what matters the condo board may discuss at a closed meeting usually involving contracts and litigation.
Community Instrument Error Corrections (SB 2741/PA 99-0627): Provides the process to make changes to community documents to correct errors, omissions or conform to statute to only require board of directors approval (2/3 vote) and make consistent with changes to the Condominium Property Act that were made last year.
Eviction Judgement with Foreclosure (SB 3166/PA 99-0753): Changes terminology in the motion to extend an eviction judgment from “landlord” to “plaintiff.”
Human Rights Real Estate Penalties (HB 4562/PA 99-0548): Increases penalties for Human Rights Act violations relating to real estate transactions. For a first violation, the penalty is increased to an amount not exceeding $16,000. If the respondent has been adjudged to have committed one other violation during the previous 5 years, the penalty is increased to an amount not exceeding $42,500. If the respondent has been adjudged to have committed 2 or more violations during the previous 7 years, the penalty is increased to an amount not exceeding $70,000.
Condo Association Acceptable Technology (HB 5696/PA 99-0612): Amends the definition of "acceptable technological means" to add any generally available technology that, by rule of the Association, is deemed to provide reasonable security, reliability, identification, and verifiability. Condo association communications are allowed to be made by acceptable technological means.
Immigrant Terminology (HB 5945/PA 99-0679): Changes terminology to "documented or undocumented immigrant" in The Consumer Fraud and Deceptive Business Practices Act.
Mobile Home Park Fines (HB 6285/PA 99-0731): States that if a tenant breaches his or her lease or rules and regulations then the mobile home park owner must provide written notice for any fine that may be imposed. A “fine” does not include fees for services or products.
Crime, Courts, Corrections and Law Enforcement
Juvenile Critical Incidents (HB 114/PA 99-0664): States that if the Department of Children and Family Services (DCFS) is appointed legal custodian or guardian of a minor the Department must file updated case plans with the court every six months. Requires the Department of Juvenile Justice (DJJ) to file a "critical incident report" within ten (10) days after the occurrence of a critical incident involving a youth committed to the DJJ. Also requires the DJJ must file a detailed case plan with the court every 6 months for every juvenile held in detention facility.
Bath Salts Prohibition (SB 210/PA 99-0585): Makes it a Class 3 felony with a maximum $150 fine to sell or offer for sale any bath salts in a retail mercantile establishment. The bill defines "bath salts" as any synthetic or natural material containing any quantity of a cathinone chemical structure, including any analogs, salts, isomers, or salts of isomers of any synthetic or natural material containing a cathinone chemical structure.
Capitol Police Age Limit (SB 805/PA 99-0896): Provides that the Secretary of State may not retain a person employed in the title of Capitol Police Investigator and who began employment on or after January 1, 2011 (Tier 2) in service as an investigator after he or she has reached 65 years of age (rather than the current 60 years of age limit for Illinois Vehicle Code investigators of the Secretary of State).
Rental Property Theft (SB 1120/PA 99-0534): Adds rented equipment such as tools, construction equipment, and party or special event rentals to the offense of theft of labor, services, or property.
Criminal Racial Data (HB 1437/PA 99-0666): Requires the Illinois Criminal Justice Information Authority (ICJIA) to use data reported by law enforcement agencies to determine and report the number of persons arrested and released without being charged, and report the racial and ethnic composition of those persons.
Bail Payments (SB 2252/PA 99-0618): Allows bail payments to be in the form of currency as well as other forms of payment as the sheriff, by rule, shall authorize.
Citizen Privacy Protection Act (SB 2343/PA 99-0622): Requires law enforcement to obtain a warrant based on probable cause before using cell site simulator. The bill would also require law enforcement to delete any data the devices pick up from phones used by those who aren't the target of an investigation.
Community Board Approved Loans (SB 2359/PA 99-0849): Allows the Board of the Association to obtain loans and mortgage or pledge assets of the association if approved by a majority vote of the entire board of managers and no longer require a vote of the owners.
Minors Charged with Homicide Counsel (SB 2370/PA 99-0882): Requires that minors under 15 years of age (rather than 13 years of age) be represented by counsel throughout the entire custodial interrogation of the minor for homicide and certain sex offenses. Provides for a simplified Miranda warning be given to minors during custodial interrogation and expands videotaping requirement of minors during questioning.
Judicial Video Conferencing Mental Health Hearing (SB 2459/PA 99-0535): Authorizes the use of video conferencing in hearings to authorize involuntary administration of psychotropic medication and electroconvulsive therapy. Any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting that testimony.
Guilty Pleas (HB 2569/PA 99-0871): States that before a court can accept a guilty plea the court must explain to the defendant that as a consequence of a conviction or plea of guilty there may be an impact on the defendant as to (1) enhanced sentencing on future crimes, (2) offender registration requirements, and (3) the defendant's ability to retain or obtain housing, employment, firearms, an occupational license, or a driver's license.
Addiction Treatment Vacate Judgement (SB 2601/PA 99-0574): Gives a person who has successfully completed alcohol or drug addiction treatment as a condition of probation more time in which to file a motion to vacate the judgment of conviction if they are eligible.
Juvenile Offense Reduction (SB 2777/PA 99-0628): Amends the Juvenile Court Act of 1987 so that a minor cannot be committed to the Department of Juvenile Justice for a Class 4 felony of criminal trespass to a residence, criminal damage to property, criminal damage to government supported property, criminal defacement of property, disorderly conduct, or obstructing justice.
Enforcing Judgments (SB 2833/PA 99-0739): Provides that a judgment made by a hearing officer, during cases in which a defendant does not comply with a judgment, can be enforced the same way a judgment entered by a court would be enforced.
Electronic Search Warrants (SB 2875/PA 99-0798): Allows for a warrant seeking current or future location information to be made through testimony using a simultaneous video and audio transmission between the requestor and judge, based on sworn testimony communicated in the transmission.
Money Laundering Joinder (SB 2876/PA 99-0629): Adds the criminal offense of money laundering to the list of offenses that can be joined into one count of an indictment, rather than requiring each transaction to be prosecuted separately.
Child Victim Battery Testimony (SB 2880/PA 99-0630): Allows taking victim’s testimony via one-way closed circuit television in aggravated battery or aggravated domestic battery offenses of a child or developmentally delayed victim if it is taken during the proceeding and the trial court determines that testimony by the child or developmentally delayed victim in the courtroom will result in serious emotional trauma or severe emotional distress.
Conviction Reversal Costs Refunds (SB 2885/PA 99-0883): Provides that a defendant whose conviction is reversed by a finding of actual innocence, the refund of costs paid by the defendant shall be determined by the judge and paid by the clerk of the court based upon the availability of funds in the subject fund account.
Property Damage Threshold (SB 2907/PA 99-0631): Increases the felony threshold amount for damage to property from over $300 to over $500 for the offenses of criminal damage to property, institutional vandalism, and criminal defacement of property.
Sexual Assault Incidents (SB 3096/PA 99-0801): Creates the Sexual Assault Incident Procedure Act. Requires law enforcement officers to complete written reports of every sexual assault complaint. Extends the time period for victims to consent to the release of their forensic evidence kit for testing. Allows victims to request the status of their rape kit testing unless doing so would compromise or impede an ongoing investigation. Requires the Illinois State Police (ISP) to develop administrative rules on release of toxicological reports from crime lab. Allows the employment of polygraph operators to be permissive rather than mandatory. For a period of two years allows the ISP to work more directly with the Chief Procurement Officer on their contracts for equipment, services and commodities as ISP addresses the backlog.
Hearsay - Intellectual Disability (SB 3106/PA 99-0752): Extends the application of this hearsay exception to cases where the victim is a person with an intellectual disability, cognitive impairment, or developmental disability. For the purposes of allowing certain hearsay exceptions.
Police Dog Retirement Act (SB 3129/PA 99-0817): A police dog that is in use by a county, municipal, or State law enforcement agency and is deemed no longer fit for public service shall be offered to the officer or employee who had custody during its service. If that officer does not want the police dog, it can be offered to another officer, non-profit agency or a no-kill animal shelter.
Presumptive Probation (SB 3164/PA 99-0861): Strengthens the presumption of probation for a non-violent offender being sentenced on a Class 3 or Class 4 felony who has no prior sentence of probation or prior conviction for a violent crime unless the court considers a presentence report and then determines certain findings in aggravation apply and that prison is an appropriate sentence.
Marriage and Dissolution of Marriage Act Clean-ups (HB 3898/PA 99-0763): Makes a number of technical clean-ups following up on the re-write of the Marriage and Dissolution of Marriage Act in 2015 and replaces the current Parentage Act regarding establishing parentage when assisted reproductive technology is used with a new Article 7 in the Parentage Act of 2015.
Training for Epinephrine Auto-Injectors (HB 4462/PA 99-0711): Expands access to epinephrine to treat life-threatening allergic reactions. Allows state police and other law enforcement agencies to conduct training programs for officers on how to recognize and respond to anaphylaxis, including administration of an epinephrine auto-injector. Also allows a student to self-administer an epinephrine auto-injector while being transported on a school bus, and allows a school nurse, or trained personnel to administer an epinephrine auto-injector on anyone they believe is having an anaphylactic reaction while on a school bus. School districts, public schools, or nonpublic schools would be allowed to maintain a supply of epinephrine auto-injectors in a secure location that can be accessible before, during, and after school hours.
Appeals after Death (HB 4683/PA 99-0778): Allows a criminal appeal to proceed after a defendant’s death through the executor, administrator, or successor in interest. Provides for abatement of the case or continuation on behalf of the deceased as if he or she were still alive.
Land Trust Rights (HB 4697/PA 99-0609): States that if the identity of the trustee of a land trust has been changed by virtue of sale, assignment, or appointment - but the beneficial owner or owners of the land trust remain unchanged - then the rights of the beneficial owner or owners shall in no way be impaired by the change of trustees.
FOIA Penalties – Molly’s Law (HB 4715/PA 99-0586): Another component of Molly’s Law, which states that if a public body fails to comply with a court order to disclose public records after 30 days and the court's order is not on appeal or stayed and the court does not grant an extension of the time for compliance, the court may impose an additional penalty of up to $1,000 for each day the violation continues.
Online Privacy from Employer (HB 4999/PA 99-0610): Makes it unlawful for any employer or prospective employer to require, request, access, authenticate, or coerce any employee or prospective employee to provide usernames and passwords to their personal online account.
Expungement of Juvenile Records (HB 5017/PA 99-0835): Allows a person who has been arrested, charged, or adjudicated delinquent for an incident occurring before his or her 18th birthday to petition the court at any time for expungement of law enforcement records and juvenile court records relating to the incident.
Crime Victim & Witness Definition (HB 5472/PA 99-0671): Amends the Crime Victims Compensation Act so that a victim also includes a person who will be called as a witness by the prosecution to establish a necessary nexus between the offender and the violent crime. Changes the definition of witness to include a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime.
Domestic Violence Psychology Training (HB 5538/PA 99-0810): Specifies initial recruit training and continuing education for current law enforcement officers in domestic violence victim and abuser dynamics. The bill also requires law enforcement agencies to consult with community organizations and other agencies with domestic violence expertise.
Sex Offender Monitoring (HB 5572/PA 99-0873): Creates the Sex Offenses and Sex Offender Registration Task Force tasks with identifying ways to help law enforcement and communities identify and monitor high-risk sex offenders.
Medication Assisted Addiction Treatments (HB 5594/PA 99-0554): Prohibits drug court judges from denying medication assisted treatments, like methadone, for defendants. Provides that such medically prescribed treatment does not violate the terms or conditions of the drug court treatment program.
Unclaimed Savings Bonds (HB 5607/PA 99-0556): Provides that US Savings Bonds will be presumed abandoned when such bond has remained unclaimed and unredeemed for five years after its date of final extended maturity.
Juvenile Sexual Assault (HB 5771/PA 99-0875): Prohibits mandatory natural life sentencing of juveniles for criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault.
Unused Meds Disposal (HB 5781/PA 99-0648): Codifies the authority of police officers, coroners, and medical examiners to dispose of unused medications found at the scene of a death following consultation with the investigating law enforcement agency. If an autopsy is performed as part of a death investigation, no medication seized shall be disposed of until after a toxicology report is received by the entity requesting the report.
Occupational Licensing with Past Crimes (HB 5973/PA 99-0876): The Department of Financial and Professional Regulation may only deny a license based upon consideration of specified mitigating factors for specified felonies directly related to the practice of funeral directing and embalming, roofing contracting, or cosmetology, esthetics, hair braiding, nail technology, or barbering.
Molly’s Law (HB 6083/PA 99-0587): Advances another portion of "Molly's Law" and extends the statute of limitations in wrongful death cases to five (5) years after the date of death if the death is the result of violent intentional conduct or within one (1) year after the final disposition of the criminal case if the defendant is charged with a homicide offense. However, it only applies to the violent actor and that these changes apply to causes of action that accrue on or after the effective date.
Electronic Orders of Protection (HB 6109/PA 99-0718): States that the Supreme Court may establish a pilot program for the filing of petitions for temporary orders of protection by electronic means and for the issuance of such orders by audio-visual means.
Accelerated Resolution Expansion (HB 6190/PA 99-0724): Adds certain traffic offenses and Class 4 controlled substances violations as eligible to be considered as part of the accelerated resolution program. The law creates a faster way for courts and jails to address the indigent accused who often stay in jail instead of being released on bail simply because they do not have enough money for a bail bond by processing certain non-violent offenders within 30 days.
Inmate Payphone Pricing (HB 6200/PA 99-0878): Beginning January 1, 2018, Central Management Services (CMS) shall contract with the qualified vendor who proposes the lowest per minute rate not exceeding 7 cents per minute for debit, prepaid, collect calls. The current rate is $0.11 per minute.
Juvenile Probation (HB 6291/PA 99-0879): Eliminates the five-year mandatory juvenile probation period on all offenses other than first degree murder. This reduces the probationary period for aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm, among other crimes. Also prohibits the commitment of minors to the DJJ for Class 3 and Class 4 controlled substances violations, unless for multiple probation violations.
Expungement of Records (HB 6328/PA 99-0881): Removes the existing prohibition on criminal arrest record expungement for those with prior criminal convictions, but allows state’s attorneys to object on the grounds that the records contain specific relevant information aside from the mere fact of an arrest. Currently a person cannot expunge arrests if there is a prior criminal conviction.
FOID Revocation Notice (HB 6331/PA 99-0787): Requires the State Police to give notice of the revocation of a person's Firearm Owner’s Identification (FOID) Card for being subject to an existing order of protection to all law enforcement agencies with jurisdiction to assist with the seizure of the person's FOID Card.
Photographic Evidence (SB 211/PA 99-0685): Allows law enforcement agencies to use undercover drug money for other purposes while the criminal case is pending, by allowing photographs of the currency to be admissible as evidence in court to the same extent as the currency itself.
Community College Residency Requirements (SB 232/PA 99-0845): States that all students will be classified as residents of the community college district without meeting the 30 day residency requirement of the district if they are currently residing in the district and are youth: 1. Who are currently under the legal guardianship of DCFS or have recently been emancipated from DCFS and 2. Who had previously met the 30 day residency requirement of the district, but who had a placement change into a new community college district.
School Transportation (SB 1582/PA 99-0888): Allows a student in grades K-12 with an Individualized Education Plan and a staff to student ratio of 1 to 5 may be transported in a multi-function school activity bus for any curriculum-related activity except for transportation on regular bus routes from home to school or from school to home. This bill is for only six (6) small schools.
Community College Audits (SB 2155/PA 99-0691): Requires that part of recognition granted by ICCB must include regular peer audits of the finances and operations of community colleges. Every community college shall be subject to a peer audit every 5 years. The peer audit shall review compliance with all State law including: transparency, contract formation, renewal, extension or termination, bonuses payments, and Open Meetings Act requirements.
Community College Trustee Training (SB 2157/PA 99-0692): States that all trustees elected or appointed after the effective date must complete training covering community college and labor law, opening meetings law, freedom of information law, ethics, financial oversight and accountability, audits, contract law and the fiduciary responsibilities of a community college trustee.
Community College Contract Blackout Period (SB 2158/PA 99-0693): Establishes a blackout period beginning 45 days prior to local elections in April of odd numbered years and continuing until the first organizational meeting of the community colleges board of trustees. During that blackout period no addendum to modify and amend an employee agreement between a community college district and the district's president, chancellor, or chief executive officer nor may an employment contract be made and entered into between the Board and the president, chancellor, or chief executive officer.
Higher Education Transparency (SB 2159/PA 99-0694): Establishes new requirements and limitations on community college and public university contracts with the president or chancellors. Requires contracts to be agreed to in open meetings. Makes changes that would put severance payments and buyouts into an escrow account if there are pending charges against a president or chancellor.
Board of Trustees Training (SB 2174/PA 99-0695): Requires every voting member of the governing board of a public university appointed for a term beginning after January 1, 2016 to complete a minimum of 3 hours of professional development training within 2 years after beginning service and within every 2 years of service thereafter. Requires the university to maintain on its website the names of all members who have completed training.
School Bus Owner Insurance (HB 2262/PA 99-0595): Establishes a $2 million dollar liability insurance requirement for school buses may be met a single commercial policy of $2 million or a combined $1 million primary with $5 million of coverage under an umbrella policy. This was required to bring school districts in line with recently enacted minimum insurance requirements.
Breakfast After the Bell (SB 2393/PA 99-0850): Requires all school districts in Illinois to implement and operate a "breakfast after the bell" program in accordance to federal guidelines. If the school falls below a certain threshold they don’t have to continue participating, but can voluntarily choose to participate.
Sale of Student-Built Homes (SB 2823/PA 99-0794): Permits a real estate broker to be used when a school board determines to sell a residential property constructed or renovated by students as part of a curricular program, but the property must be listed for 14 days.
Homeless GED Tests (SB 2840/PA 99-0742): Provides that anyone who qualifies as a homeless person, child or youth, is under the age of 25, has completed a prep course and is taking the test at an ROE or the Cook County High School Equivalency Office does not have to pay any fees associated with taking a high school equivalency exam.
CPS Student Council (HB 3239/PA 99-0597): Allows a student who is 17 or older to run as a community resident for the local school council. Redefines “community resident.”
Illinois Articulation Initiative Act (SB 3301/PA 99-0636): Requires all public universities and community colleges to participate in the Illinois Articulation Initiative. Intends to ease transfer for students enrolled in participant Illinois community colleges and public universities.
State Seal of Biliteracy (HB 4330/PA 99-0600): Requires Illinois public universities to accept the State Seal of Biliteracy as two years of high school foreign language credit if student's high-school transcript indicates that he or she will be receiving or has received the State Seal of Biliteracy.
Non-resident Student Hearings (HB 4606/PA 99-0670): For non-Chicago schools: changes the process for determining whether a pupil is a nonresident of a district and requires additional detail in the notification process as well as specific disclosure of evidence to be used in a hearing. Provides for a process in which the person who enrolled the pupil can petition the regional superintendent if the school board determines the pupil to be a non-resident. For Chicago Public Schools (CPS): codifies that, if a hearing concerning residency is requested, the pupil may continue to attend the school district pending the final decision of the CPS board of Education. However, the person enrolling the pupil is still obliged to pay the tuition charged if the pupil is determined to be a non-resident.
P-20 Council (HB 5566/PA 99-0643): Allows the chairperson of the Illinois P-20 Council to authorize the creation of a working group to focus on tuition, financial aid, and other issues related to keeping postsecondary education affordable for Illinois residents.
Charter School Renewal (HB 5918/PA 99-0840): States that new charters can only be granted for an initial term of five (5) years. Currently new charters may be granted for not less than five and not more than ten (10) years. Established charters can be renewed in incremental periods not to exceed ten (10) school years if they meet established standards and goals. Currently they can only be renewed for five (5) year periods. The State Charter School Commission can still only renew for five (5) year periods. Allows the State Board to offer loans from the Charter Schools Revolving Loan Fund of up to $750 (rather than $250) per student.
Professional Development Hours Rollover (HB 6181/PA 99-0591): Allows a teacher who earns more than the required professional development hours during the renewal cycle to carry the extra hours over to the next renewal cycle if the hours were earned between April 1 and June 30.
Energy, Utilities, Environment and Conservation
Coal Mines (SB 2813/PA 99-0538): Makes changes concerning mine examinations, including timing and scope of the examination. Allows for the use of a multi-gas detector, rather than a flame safety lamp, to test for methane or oxygen. Requires examiners to enter the examination report either by calling out the results of the examination to a recorder on the surface or by personally recording the report so it is not susceptible to alteration. Makes other coal mine safety changes.
Environmental Commission Organization (SB 2920/PA 99-0541): Adds four (4) more voting members to the Environmental Justice Commission. Requires the four (4) new members must be in communities concerned with environmental justice and be made up of one member of the manufacturing sector, one from the energy sector, and two (2) from the labor sector.
State and Federal Environment Code Unifier (SB 2956/PA 99-0582): Amends the Environmental Barriers Act to incorporate 2010 changes in federal law, clear up confusion in existing statute, and create one code that architects can use to comply with their federal and state accessibility law obligations.
Aluminum Recycling (SB 2963/PA 99-0543): Amends the Illinois Solid Waste Management Act section regarding aluminum can recycling to change the language to say “implemented” instead of “shall implement.”
Health and Human Services
Health Care License - Forcible Felony (SB 42/PA 99-0886): Provides that a felon cannot apply for reinstatement of a healthcare license until at least 3 years from their release from incarceration or 5 years after their conviction, whichever is the later date. (As passed the senate, reinstatement was set at 5 years from conviction.)
Patient Safety Closed Meetings (SB 384/PA 99-0687): Allows a public body to hold a closed meeting to discuss matters protected under the federal Patient Safety and Quality Improvement Act of 2005 or HIPAA (or the regulations adopted under either Act) by a hospital or other institution providing medical care, that is operated by the public body.
Complex Needs Patient Act (SB 420/PA 99-0895): Creates the Complex Needs Patient Act. Requires the Department of Healthcare and Family Services (HFS) to provide separate recognition within the state's Medicaid program for individually configured complex rehabilitation technology products and services for complex needs patients. Defines "complex needs patient" to mean an individual with a diagnosis or medical condition that results in significant physical or functional needs and capacities. Requires separate recognition for technology products and services for complex needs patients. Sets forth several additional rules and coding guidelines for complex needs patients and their medical providers.
Personal Information Protection Act Changes (HB 1260/PA 99-0503): Updates the definitions used and notifications that are required when a data breach occurs that affects the personal information, including health insurance info, medical information, biometric data, etc., of consumers in Illinois. Makes technical changes.
Conscience Based Medical Objections (SB 1564/PA 99-0690): Requires health care facilities to adopt written access to care and information protocols that are designed to ensure that conscience-based objections do not cause impairment of patients' health and that explain how conscience-based objections will be addressed in a timely manner to facilitate patient health care services.
Medicaid Algorithm (SB 2306/PA 99-0898): Requires HFS to develop and implement an algorithm that is based on quality scores and operational proficiency criteria to automatically assign Medicaid enrollees into managed care entities with the highest quality scores and levels of operational proficiency criteria established.
Public Aid-Tech (SB 2331/PA 99-0566): Tightens current law and provides clarification that business affiliates of MCO's who contract out care coordination services are authorized to communicate with their enrollees.
Clinical Social Worker Rules (SB 2332/PA 99-0621): Requires the Department of Healthcare and Family Services to make rules to implement already existing law regarding the licensed activities of clinical social workers in Illinois. These rules will allow clinical social workers in Illinois access to Medicaid services in order to practice legally authorized activities.
TANF Benefits (SB 2340/PA 99-0899): Clarifies that the first $100 of monthly child support collected by a family with one child and the first $200 collected by a family with two (2) or more children must be passed through to the family and disregarded in determining the amount of TANF assistance or TANF Cash provided to the family. This would add approximately $2- $2 million to the state’s current obligations.
DCFS Living Adult Relatives Finder (SB 2512/PA 99-0625): The bill is an initiative to bring DCFS into federal compliance by providing that the court shall ensure, by inquiring in open court of each parent, guardian, custodian, or responsible relative; that the parent, guardian, custodian, or responsible relative, has had the opportunity to provide DCFS with all known names, addresses, and telephone numbers of each of the minor's living maternal and paternal adult relatives. The court shall advise those persons to inform DCFS if additional information regarding the minor's adult relatives becomes available.
Disabled Continued Care (SB 2610/PA 99-0892): Authorizes a new type of license, a Continuum of Care License, for services that provide for individuals with developmental disabilities. Authorizes the Director(s) of HFS and DHS to submit a waiver to provide for licensure, reimbursement, and quality assurance for the services for the individuals. Removes the “1115 Waiver” and replaces it with federal waivers and state plan amendments.
Emergency Medical Systems (SB 2704/PA 99-0661): Defines "clinical observation" as the on-going observation of a patient's condition by a licensed health care professional. Defines "medical monitoring" as the performance of medical tests and physical exams to evaluate potentially negative effects to an individual's health. Includes medical monitoring and clinical observation into "Basic Life Support Services" of pre-hospital and inter-hospital emergency care.
External Review Request Deadline Change (SB 2787/PA 99-0537): Requires each health carrier to submit a report on all requests for external review to the Director of Insurance by June 1 rather than March 1 of each year.
Physician Assistants (SB 2900/PA 99-0581): Adds the term “physician assistant” to various acts that fall within the scope of practice of a license physician assistant.
DHS Work Equivalency (SB 2906/PA 99-0746): Requires the Department of Human Services to treat participation in high school and high school equivalency programs as work activities, and count this participation toward the TANF program. Gives DHS the flexibility to determine whether it’s ideal for the TANF recipient to go through these programs. Addresses a situation wherein a constituent wanted to obtain their GED, but was told it wouldn’t count toward the requirements of their employment plan until they completed other plan activities.
Medicaid Long Term Care Services Act (SB 2929/PA 99-0857): Enables a nursing home resident who is Medicaid eligible to have their care paid retroactive to the date of admission, or the date of conversion from Medicare of private pay. Regardless of whether a case coordination unit had completed a screening in advance of admission or conversion. Also, prohibits HFS from closing a pending Medicaid application based solely on the applicant's death if services were provided pending a determination of eligibility. Then requires HFS to take steps in an effort to collect financial information if necessary and determine if outstanding obligations for authorized services exist.
Genetic Counseling Referral Act (SB 2985/PA 99-0633): Removes language prohibiting a genetic counselor from providing genetic counseling without a referral.
Amputation Definition (SB 3082/PA 99-0635): Moves a sentence defining amputation from one section to another to clarify the effect. Makes no substantive changes to the Act.
EMT’s Epinephrine Administering Act (SB 3335/PA 99-0862): Authorizes EMT-Basics, EMT-Intermediates, Advanced EMT's and EMT-Paramedics to administer Epinephrine drawn from a glass vial, using a syringe, as opposed to using a pre-filled epinephrine auto-injector, such as an Epi-Pen, once the individual completes a department approved course.
Disability Wallet Card (HB 4257/PA 99-0829): Requires the Secretary of State (SOS) to issue a “person with disability” wallet card that specifies the cardholder has been medically diagnosed with a disability (i.e. autism). The wallet card may only be available to applicants with a Type 2 (developmental disability) or Type 5 (mental disability). Requires the Department of Human Services (DHS) to work with the SOS to design the card and then requires DHS to produce and distribute the cards to the SOS. Also requires DHS and SOS to work together to adopt rules.
Parentage Act Clean-Ups (HB 4447/PA 99-0769): Makes a number of technical clean-ups and changes requested by DHFS to eliminate conflicts with federal law with regard to the recently enacted Parentage Act of 2015.
Multiple Care Worker Registries (HB 4515/PA 99-0872): Requires the Department of Public Health (DPH) to maintain two versions of the Health Care Worker Registry. Requires the public registry to report that an individual is ineligible for employment if he or she has a disqualifying offense under the Health Care Worker Background Check Act. Requires that the public registry report that an individual is eligible for employment if he or she has received a waiver.
Health Facilities Planning Changes (HB 4517/PA 99-0527): Gives the Health Facilities and Services Review Board the ability to contract with other agencies for services. No later than 90 days after a discontinuation of a health facility or a discontinuation of a category of service the applicant for a certificate of exemption must submit a statement to the State Board certifying that the discontinuation is complete. If a public hearing concerning change of ownership or discontinuation of a health facility or a category of service is held, all interested persons attending the hearing shall be given a reasonable opportunity to present their positions in writing or orally. Removes language concerning certificates of recognition.
Prophylaxis Medicaid Coverage (HB 4554/PA 99-0772): Requires Medicaid coverage for all FDA approved drugs which have also been recommended by the federal Public Health Service or the CDC for pre-exposure prophylaxis.
Rare Disease Commission (HB 4576/PA 99-0773): Creates a fifteen (15) member Rare Disease Commission. Each legislative leader gets one appointment. The Commission will focus on advisement on issues concerning the care and treatment of individuals with rare diseases. The sunset date of this Commission is January 1, 2020.
Interagency Fatality Review Terms (HB 4826/PA 99-0530): Requires the regional interagency fatality review teams to meet not less than four times a year (rather than six) to discuss cases for its possible review.
Contraception Coverage (HB 5576/PA 99-0672): Provides that any accident or health insurance policy must provide coverage for all contraceptive drugs, devices and other FDA-approved products. Currently, ACA requires insurance to cover the complete cost of at least one version of each type of contraception. This measure requires an insurance company to cover any difference in cost with no ability to cost-share, if the patient or physician prefers a different version of contraception than normally provided by the insurance network.
Opioid Addiction Treatment (HB 5593/PA 99-0553): Requires all programs serving persons with substance use issues licensed by DHS under the Act to provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction, recognition of and response to opioid overdose, and the use and administration of naloxone.
Licensure Dispute Resolutions (HB 5602/PA 99-0555): Clarifies that a long term care facility must submit comments refuting licensure findings for it to be considered an information dispute resolution. States that if the Department of Public Health (DPH) fails to provide a written explanation of the reason or reasons why the evidence or arguments were insufficient then the alleged and disputed violation shall be cited but no penalty shall be imposed.
Long Term Care Facilities (HB 5603/PA 99-0784): Makes several minor changes to the Electronic Monitoring in Long Term Care Facilities Act.
Paternity Denial Forms (HB 5775/PA 99-0675): Requires that if new data elements are included in the paternity forms the Department of Healthcare and Family Services (HFS) - in conjunction with the Department of Public Health (DPH) - shall provide instructions that have been prescribed by DHFS about the new data elements to the hospital personnel responsible for assisting the child's mother, biological father or presumed father with completing the forms. Also removes font size requirements about the right to a DNA test.
Public Health Hygienists (HB 5948/PA 99-0680): Provides increased education requirements for newly expanded scope of practice for "public health hygienists", which was created a public act from 2015.
Medicaid Facility Groupings (HB 6060/PA 99-0684): Adds the percentage of Medicaid-funded residents as one of the factors the Department of Healthcare and Family Services must considered in grouping nursing facilities for purposes of payment. Provides that a resident of a nursing facility whose application for long term care benefits is awaiting final action shall be included in the calculation as a Medicaid funded resident.
Urgent Need of Services List (HB 6086/PA 99-0716): Requires the Department of Human Services (DHS) to consider the length of time spent on the Prioritization of Urgency of Need for Services (PUNS) waiting list. Also requires other factors to be considered - such as age of requestor - when selecting individuals on the list for services.
MWRD Officer (SB 2533/PA 99-0736): Authorizes the Metropolitan Water Reclamation District executive director to appoint, with board approval, an administrative services officer. Exempts the administrative services officer position from classified civil service.
Local Public Employee Indemnification (SB 1102/PA 99-0461): Prohibits state and local public entities from providing representation for or indemnifying any state or local employee in 1) any criminal proceeding in which the employee is a defendant or 2) any criminal investigation in which the employee is the target. However, state and local entities can provide representation for an employee who is a witness in a criminal matter arising out of that employee’s employment with the state or the local government entity.
Transfer of Legal Title (SB 2842/PA 99-0743): Requires transfer of legal title of real property to a trust in writing to provide that an interest in real property does not become trust property unless the transfer is recorded in the office of the Recorder of the County in which the property is located.
IMRF Separation Benefit Act (SB 2972/PA 99-0747): Allows a participant who is terminating service with the Illinois Municipal Retirement Fund to elect a separation benefit rather than a retirement annuity if his or her annuity would be less than $100 (now $30) per month.
Administrative Adjudication (SB 3284/PA 99-0754): Allows any county to provide administrative adjudication for units of local government (within the county boundaries) where the county and the unit have entered into an intergovernmental agreement.
Local Government Travel Expenses (HB 4379/PA 99-0604): Requires that non-home rule units of local government, community colleges, and school districts create a regulation and documentation process for travel, meal, and lodging expenses.
State Government, State Boards/Commissions and Insurance
Pirogue as State Artifact (HB 538/PA 99-0545): Creates a new section that designates the pirogue (a long, narrow canoe) as the official State artifact of Illinois. This was the result of a history class survey/project amongst Wilmette Middle School students.
Treasurer Warrants and Payments (SB 2260/PA 99-0562): Eliminates a provision requiring the State Treasurer to record the name to whom a warrant is made payable. This is a redundant law because the information is found on an online database. Also clarifies that the State Treasurer is to report to the State Comptroller all warrants, properly canceled, that may have been paid; and at appropriate intervals, the amount of money received and paid out.
Secretary of State Fund Transfers (SB 2303/PA 99-0620): Changes the annual excess fund transfers to GRF from June 30 to August 31 for the following funds: 1) The Department of Business Services Special Operations Fund; 2) Corporate Franchise Tax Refund Fund and; 3) Division of Corporations Limited Liability Partnership Fund. The transfers cannot be done June 30 due to lapse period spending and any required legislative transfers.
Racetrack Reporting Requirements (SB 2357/PA 99-0891): Eliminates an annual reporting requirement regarding minority contracting for the Racing Board. Provides uniformity in the reporting required by the Racing Board and the Gaming Board.
Risk Retention Groups (SB 2589/PA 99-0512): Establishes new guidelines and standards for risk retention groups to apply within one (1) year of this language becoming law.
Unclaimed Property Dormancy Period (SB 2783/PA 99-0577): Reduces the dormancy period for unclaimed property held by governmental units from 7 to 5 years.
Unclaimed Life Insurance Benefits Act (HB 4633/PA 99-0893): Requires all authorized insurers in Illinois to locate and pay beneficiaries' proceeds under unclaimed life insurance policies, annuity contracts, and retained asset accounts issued in the State or remit such proceeds to the Treasurer’s Unclaimed Property Division. Does not impact the operations within the Treasurer’s office. Failure to meet requirements of this Act is an unfair trade practice under the Illinois Insurance Code.
National Public Safety Telecommunicators' Week (HB 5018/PA 99-0808): Designates the second full week of April of each year as National Public Safety Telecommunicators' Week.
Taxes and Fees
River Edge Development Zone (SB 321/PA 99-0733): Extends the expiration date for the River Edge Redevelopment Zone from 2017 to 2022.
Vegetative Filter Strip Property Tax Assessment Extension (SB 2160/PA 99-0560): Extends the sunset date on the assessment of vegetative filter strips to December 31, 2026.
Tax Preparer Identification (HB 5527/PA 99-0641): Beginning January 1, 2017, the Department of Revenue (DOR) can require any income tax return preparer to include his or her Preparer Tax Identification Number on any returns or claims prepared by the preparer.
Transportation, Infrastructure and Vehicular Regulation/Safety
Vehicle Video Event Recording (SB 629/PA 99-0689): Allows a person to operate a video event recorder in a contract carrier vehicles, which is a device that allows video to be continuously recorded in a digital loop. These vehicles must have a notice posted stating that a passenger's conversation may be recorded. Any data recorded is the sole property of the registered owner or lessee of the vehicle.
REAL ID Compliance (SB 637/PA 99-0511): Makes the required legislative changes to bring Illinois into compliance with the federal REAL ID Act which seeks to improve homeland security and authentication of identification. Beginning July 1, 2017, SOS must refuse to issue a driver’s licenses if a person concurrently holds an Illinois SOS issued ID card and must refuse to issue an ID card if a person concurrently holds a driver’s license. Beginning July 1, 2017, all applicants for SOS issued Illinois Identification Cards and Illinois Person with a Disability Identification Cards shall provide proof of lawful status in the United States as provided by the Code of Federal Regulations (CFR). Driver's license applicants who are unable to provide proof of lawful status in the United States may apply for a temporary visitor's driver's license. Provides that Secretary of State issued ID cards issued on or after July 1, 2017, to a person who has reached his or her 65th birthday shall expire 8 years (currently they do not expire). Provides that Illinois Person with a Disability Identification Card issued on or after July 1, 2017, shall expire every 8 year (currently 10 years).
Chicago Police Memorial License Plates (SB 2431/PA 99-0815): Requires the Secretary of State to issue Chicago Police Memorial Foundation special registration plates suitable for a motorcycle.
Railroad Crossing Failure to Stop (SB 2806/PA 99-0663): Doubles the fine for not stopping at a railroad crossing. The first violation is increased to $500 (currently $250) and the second or subsequent violation is increased to $1,000 (currently $500).
Public School Highways (SB 2835/PA 99-0740): Includes highways on public school property in the classification of non-designated highways. Requires vehicles to stop prior to passing a stopped school bus on public school highways.
Blue Light on Motorcycles (HB 4105/PA 99-0598): Allows motorcycles to be equipped with a blue light or lights located on the rear of the motorcycle as a part of the motorcycle's rear stop lamp or lamps.
Route 66 Motorcycle Plates (HB 4315/PA 99-0865): Allows the Secretary of State to issue Illinois Route 66 license plates to motorcycles having an engine over 150cc.
Airman Registration (HB 4387/PA 99-0605): Codifies that registration of an airman with the Division of Aeronautics of the Department of Transportation (IDOT) will come with a one-time fee of $20 payable at registration.
Firefighter Motorcycle Plates (HB 5649/PA 99-0812): Allows the Secretary of State to issue Illinois Fire Fighter’s Memorial license plates to motorcycles having an engine over 150cc.
Vehicle Registration Expiration (HB 5651/PA 99-0644): Allows the Secretary of State to require an owner of a car or light truck to select his or her birthday as the motor vehicle's registration expiration date. If the motor vehicle has more than one registered owner, the owners may select one registered owner's birthday as the date of expiration.
Uninsured Operator Offense (HB 5723/PA 99-0613): States that a person convicted of operating a motor vehicle without an insurance policy shall be guilty of a petty offense (rather than a business offense) unless the person has been convicted of this same offense three or more times.
Bicycle Rules of the Road (HB 5912/PA 99-0785): States that a person riding a bicycle has all the rights applicable to a driver of a vehicle and includes those regarding a vehicle's right-of-way.
Disabled Vehicle Safety (HB 6006/PA 99-0681): Codifies that an individual driving on a highway of at least four lanes - with at least two going in the same direction - must make a lane change into a lane not next to a disabled vehicle with lighted hazard lights. Further clarifies that if changing lanes is not feasible then the driver must proceed with caution and reduce the speed of the car so to maintain a safe speed for road conditions. A person who violates this rule commits a petty offense.
Vehicular Endangerment (HB 6010/PA 99-0656): Provides that the offense of vehicular endangerment includes striking a motor vehicle by causing an object to fall from an overpass or other elevated location above or adjacent to and above a highway in the direction of a moving motor vehicle with the intent to strike a motor vehicle while it is traveling upon a highway in this State.
Traffic Stop Education (HB 6131/PA 99-0720): States that starting with the 2017-2018 school year driver education courses are to include instruction concerning law enforcement procedures for traffic stops. Applies to both public school and non-public school driver education courses.
Universal Special License Plates Issuance (HB 6149/PA 99-0814): Allows the Illinois Veterans' Homes, which run by the Illinois Department of Veterans' Affairs (IDVA), to issue decals for universal special license plates at $26 each. The money will go to the Illinois Veterans' Homes Fund.
Highway Designation (HB 6226/PA 99-0727): Allows a unit of local government to consult a highway design publication outside of IDOT's Bureau of Local Roads and Streets for the construction of any highway in ownership or control of the unit of local government, except for a highway that is part of the National System of Interstate and Defense Highways if certain provisions are met.
Veterans and Military Affairs
Illinois Code of Military Justice Update (SB 2861/PA 99-0796): Creates an appeal process for ICMJ court martials, by adopting procedures from the Model State Code of Military Justice which is modeled after the UCMJ.
Military Family Care Plan (HB 4327/PA 99-0599): Allows a parent who is on active military duty to appoint a short term guardian for their child and allows that guardianship to last up to thirty (30) days after the end of the parent's active duty.
Heroes Way Designation Program (HB 4344/PA 99-0802): Creates the Heroes Way Designation Program Act and allows the family of Veteran’s who were killed in action while on active duty to apply for a designation that would allow the placement of an honorary sign on roadways under the jurisdiction of IDOT.
DCFS Abuse Report of a Service Member (HB 4425/PA 99-0638): Requires the Department of Children and Family Services to determine the military status of each parent or guardian who is named as the alleged perpetrator in a child abuse or neglect report. Sets forth several guidelines.
Student Musicians at Military Funerals (HB 4432/PA 99-0804): Permits a child in grades 6 through 12 to be excused from a public school when absent from class for the purpose of playing "Taps" at a military funeral in Illinois for a deceased veteran.
Military License Plates Transfer (HB 4433/PA 99-0805): Allows the surviving spouse of a deceased military service member to retain the special license plates if he/she is a resident of Illinois and if the transfer takes place within 180 days of the death of the service member.
Veteran License Plate Reclassification (HB 5402/PA 99-0809): States that individuals who qualify for the military specialty plates may reclassify their standard plate registration without paying replacement fees or the registration sticker cost.
National Guard Discrimination (HB 5756/PA 99-0557): Provides that there shall be no unlawful discrimination in the Illinois National Guard and brings the Guard’s policies in-line with federal standards and guidelines.
Uranium Testing (HB 6123/PA 99-0719): Requires the Department of Veterans Affairs to provide non-monetary assistance to any resident of Illinois who served in active duty in Afghanistan, Iraq, Kuwait, or Qatar with any component of the U.S. Armed Forces, including the Illinois National Guard, who requests a pre-deployment or post-deployment test for depleted uranium in accessing federal resources for pre-deployment and post-deployment testing for depleted uranium.