Veterans/Military
PA 98-0879 (SB 3255) Eases requirements for disabled veteran parking placardsThis law removes a requirement that a disabled parking placard or decal which has been issued to a veteran must be renewed every four years. The new law states that once a disabled parking placard or decal has been issued to a veteran who has been permanently disabled, that veteran does not have to keep coming back to the Secretary of State’s office for a renewal every four years.
PA 98-0960 (SB 3225) Veterans awareness training for law enforcement officers
The law provides that the Illinois Law Enforcement Training Standards Board may conduct or approve a training program in veterans' awareness for law enforcement officers of local government agencies. It further provides that the purpose of the program shall be to identify issues relating to veterans and to provide guidelines for appropriate responses to such issues. Each local government agency is encouraged to designate an individual to respond to veterans' issues.
PA 98-0869 (HB 5475) Gold Star specialty license plates
Surviving sons and daughters of military Gold Star recipients are now included among those who may be issued Gold Star specialty license plates by the Illinois Secretary of State’s Office. Those already eligible for the plates are surviving widows/widowers, siblings and parents.
PA 98-0902 (HB 4491) Purple Heart license plate fee waiver
To honor those who have served in the military and earned the Purple Heart, Illinois will now waive the payment of any registration or registration renewal fee for an individual issued a Purple Heart license plate. The law will also allow individuals who have been issued the Purple Heart license plate and qualify under the Senior Citizens and Disabled Persons Property Tax Relief Act to obtain a plate for an additional vehicle for a $24 registration fee.
Finance/Economics
PA 98-0866 (SB 2002) Participation by trustees of directed trustsThis law contains clean-up language concerning directed trusts. Directed trusts were created to allow greater flexibility in trust administration and to place the fiduciary responsibility on the person charged with specific duties. This change makes it clear that a trustee may participate in a virtual representation agreement to create a directed trust, but remain insulated from liability for acting at the advisor’s direction.
PA 98-1093 (SB 1048) Protects senior citizen assets from fraud
Creates a new Act to protect elderly citizens from unauthorized changes to their property valued over $200,000 by a caregiver. Property such as a will, trust, deed, form designated as payable on death, contract or other beneficiary designation form. Exempts close family members.
PA 98-0692 (SB 3443) Budgeting for results omnibus bill
Eliminates various boards, task forces and commissions and allows a number of required reports to be published online. Removes duplicative State agency functions and repeals obsolete programs.
PA 98-0730 (HB 4707) Out-of-state CPA licensees awaiting Illinois licensure
Any individual who is the holder of a current and valid license as a certified public accountant of any state who has properly applied to the Department of Financial and Professional Regulation for licensure by endorsement may perform accountancy activities until the expiration of 6 months after the filing of the application or until the denial of the application by the Department, whichever occurs earlier. This Act further provides several changes to the Illinois Public Accounting Act in regards to the licensure of certified public accountants.
PA 98-0738 (HB 5503) Local audit reports
In response to the ex-treasurer/comptroller of the City of Dixon who was convicted for embezzling at least $30 million of the city’s funds, this law provides greater oversight and review of the financial activities, auditing practices, and financial status of municipalities and counties to help prevent such a theft of public funds in the future. Requires auditors of a local government to provide a copy of the reports to each member of the county board or city council, and to post this information on the local government’s website, if it maintains a website, within 60 days of the close of an audit.
PA 98-0750 (SB 498) Regional economic development authority
Broadens powers of some regional Economic Development Authorities. Specifically increases the Tri-County River Valley Development Authority in the Peoria area to have the same bonding authority as the others by increasing the amount of bonds that may be sold from $100 million to $250 million outstanding bonds at any one time. Provides for a State income tax exemption on interest paid to investors who hold the notes and bonds of the Tri-County EDA. This is an exemption that is already utilized by other EDAs.
PA 98-0946 (SB 2894) Easing conversions of trusts
The new law provides that conversion of a trust to a total return trust may be made with a trustee and all primary beneficiaries, instead of with a trustee and all beneficiaries and presumptive remaindermen beneficiaries, in accordance with other provisions of the Act. Updates definitions and cleans up the Trust and Trustees Act.
PA 98-1022 (SB 452) Disclosures required for investment service bidders
This statute requires persons and entities bidding on a contract for providing investment services, consulting services, or commitment to a private market fund to a retirement system, pension fund, or investment board to disclose certain information about their use of minorities, females, and persons with a disability. It requires consideration of these disclosures before awarding the contract, "within the bounds of financial and fiduciary prudence.”
PA 98-1081 (HB 5685) Repeal of the Savings and Loan Act
The last Savings and Loan Association in Illinois converted to a bank in 2013. There are no longer any Savings and Loan Associations in Illinois, therefore the Savings and Loan Act is no longer needed.
Environment/Hunting/Outdoors/Wildlife
PA 98-0638 (SB 2727) Banning synthetic microbeads in cosmetic productsProhibits the manufacture or sale of any cosmetic products that contains synthetic plastic microbeads, a pollutant composed of non-biodegradable solid plastic particle used to exfoliate or cleanse in a rinse-off product. Illinois is the first state to enact such legislation, aimed at protecting the Great Lakes and other bodies of water.
PA 98-0822 (SB 2657) Abolishing the hazardous waste Occupational Licensing Fund
Amends the State Finance Act to eliminate the Hazardous Waste Occupational Licensing Fund. All fees collected by Illinois EPA for the fund will now be deposited into the Environmental Protection Permit and Inspection Fund. Remaining funds in the Hazardous Waste Occupational Licensing Fund shall be transferred by the Treasurer into the Environmental Protection Permit and Inspection Fund.
PA 98-0898 (HB 4277) Disability sport fishing licensing exemption
Blind or disabled residents in Illinois will once again be able to fish with commercial fishing devices without holding a sports fishing license. Last year, the Illinois Department of Natural Resources inadvertently removed the fishing exemption for individuals with a disability with the passage of related legislation. This law includes veterans who are at least 10% disabled with service-related disabilities or in receipt of total disability pensions, provided their respective disabilities do not prevent them from fishing in a manner that is safe to themselves and others.
PA 98-0914 (HB 5080) Waterfowl outfitter regulations
Providing or offering to provide, for compensation, outfitting services for deer, waterfowl, or wild turkey hunting without a permit shall be a Class B misdemeanor. The purpose behind this change is to bring waterfowl outfitter regulations up to date with what’s already in place for deer and wild turkey outfitters.
PA 98-0915 (HB 5082) Allows larger fish nets in certain circumstances
Amends the Fish & Aquatic Life Code to provide that casting nets shall not be larger than 24 feet in diameter or of a mesh larger than one inch bar measurement. The bill allows some species of carp to be taken with a casting net or a shad scoop and used as bait on the body of water where they are collected, if the fish are killed immediately by a validly licensed sport fisherman. The bill also allows certain fish to be taken with a casting net or a shad scoop and used for live or dead bait where collected, by a person with a valid sport fishing license.
PA 98-0913 (HB 5079) Trapping licensure
Requires individuals who have not held a trapping license within the past three immediate years to take a trapping safety course before receiving their license. This helps ensure public safety, as well as protect the species that are being trapped.
PA 98-0835 (SB 2975) Allows Byron Forest Preserve to incur higher debt
Amends the Downstate Forest Preserve District Act to allow the Byron Forest Preserve District to incur debt up .6% of the assessed value of taxable land in the district, which exceeds the standard .3% for other districts under the act.
PA 98-1029 (SB 3574) Higher weight limits for natural gas or propane-powered vehicles
Except on interstate highways or highways or structures where there is a posted weight limit, vehicles that use natural gas or propane gas as a motor fuel may exceed the weight limits currently provided for in statute by 2,000 pounds.
PA 98-1033 (SB 3049) New protected species
The gray wolf, American black bear, and cougar are now included on the list of protected species under the Wildlife Code. The law also provides that an owner or tenant of property that is in imminent danger from one of these animals may kill the animal without restriction. If an owner or tenant is threatened, but not imminently so, they may apply to IDNR for a nuisance permit that shall allow the owner or tenant to take the animal.
PA 98-0923 (HB 5464) Pesticide dealer license
Streamlines the licensure process for certain individuals by changing the Pesticide Act to allow licensure any time within the calendar year the certification exam was successfully completed rather than within 90 days of completion. The bill provides that a certification shall remain valid only if an applicant attains licensure or pesticide dealer registration during the calendar year in which certification was granted and the licensure is maintained throughout the three-year certification period.
PA 98-0752 (SB 902) Licensure and regulation of reptiles and amphibians
Deletes previous provisions for reptiles and amphibians from other acts and codes and brings it all under the Herptiles-Herps Act for ease of public knowledge and law enforcement. Creates regulations for who can own certain reptiles and amphibians and how they must be cared for. Establishes licensing fees under administrative rule.
PA 98-0785 (HB 4505) Grease and oil disposal
Adds grease and oil collectors as a renderer to the Dead Animal Disposal Act. This will allow people who convert grease and oil to biodiesel to the list and creates a new license classification for grease and oil processors. This will allow trucks to be permitted through the processor to which the grease and oil is being delivered. The license and renewal fee will be $25.
PA 98-1044 (HB 5869) Non-indigenous aquatic life release
Establishes as a Class B misdemeanor, the possession, transportation, or release of aquatic life without first securing permission of the Department of Natural Resources, except in the case of a landowner, who may stock bodies of water situated wholly on the landowner property with species indigenous to the State of Illinois.
PA 98-1072 (HB 5085) Industrial Hemp Research and Production Act
This law creates the Industrial Hemp Research and Production Act. It sets up rules and regulations for growing industrial hemp in Illinois through the Department of Agriculture.
Emergency Services/Police/Crime/Justice
PA 98-0528 (SB 1598) Collection of racial and ethnic data from arrestsAcknowledging the disproportionality of arrests among racial and ethnic minorities, data will be collected for each adult and juvenile sentenced to the Department of Corrections and Department of Juvenile Justice for the following criminal justice contact points: arrest, referral, diversion, detention, petition, delinquency findings, probation, secure confinement, and transfer of juvenile to adult court.
PA 98-0637 (SB 978) Expungement of juvenile arrest records
Eliminates barriers on young adults seeking to pursue higher education, secure employment, join the military, and/or obtain or maintain public housing by requiring the State Police to automatically expunge all arrest records (misdemeanor or felony) of a minor if the arrest did not result in charges being filed. The state would have to expunge arrests automatically when the minor turns 18 under specific conditions.
PA 98-0650 (SB 3411) Ban police ticket quotas
The law prohibits county, municipal, conservation, and state police agencies from implementing ticket quotas. Officers may still be evaluated on “points of contact,” including the number of traffic stops completed, arrests, written warnings and crime prevention measures. Initiative enacted to refocus law enforcement on public safety instead of revenue generation.
PA 98-0689 (HB 4781) Contact visits for Department of Corrections
Amends the Unified Code of Corrections to clarify that the six month limitation on contact visits applies to the Department of Corrections, and not to the Department of Juvenile Justice.
PA 98-0717 (HB 4266) Protecting crime victims’ privacy
This Act prohibits the Prisoner Review Board from releasing any name or address of the victim to anyone other than the law enforcement officer or the victim. This Act also prohibits the Attorney General from releasing personal information of any person registered to receive notifications to any other person except State or local officials.
PA 98-0725 (HB 4417) Armed probation officers
This Act states that probation officers may only carry weapons while in the performance of their official duties, or while commuting between their homes, places of employment, or specific locations that are part of their assigned duties, provided they have received the prior consent of the Chief Judge of the Circuit Court for which they are employed, and they have received weapons training according to requirement of the Peace Officer and Probation Officer Firearm Training Act.
PA 98-0743 (HB 5688) Police bulletproof vest requirement
Requires law enforcement agencies to provide a bulletproof vest for every new law enforcement officer, and to replace each vest before the warranty expires. Requires that each government agency covered under this law will be required to apply to the United States Department of Justice under the Bulletproof Vest Partnership Grant of 1998 to help pay for the purchase. Federal reimbursement is available for up to half the cost of the bulletproof vests and the state will be responsible for the remaining half that will otherwise be covered by the law enforcement agency.
PA 98-0954 (SB 3110) Protective orders in certain offenses against minors
Provides that upon disclosure pursuant to a grand jury subpoena, in certain violent or sexual offenses where the patient is under the age of 18 years or upon the request of the patient, the State's Attorney shall petition the court for a protective order.
PA 98-0994 (HB 4653) Domestic battery defined further
The criminal is code amended to include ‘domestic battery’ in Illinois is a Class 4 felony if one or two prior convictions under the law of another jurisdiction for any offense which is substantially similar; is a Class 3 felony if three similar convictions in another jurisdiction; and is a Class 4 felony if four or more prior similar convictions in another jurisdiction.
PA 98-0666 (HB 4418) Referendum to dissolve municipal fire departments
Requires municipalities with 500 or more residents to seek approval from the electorate in a referendum before dissolving a full-time fire department. This new law ensures greater public accountability and protects full-time firefighter staff in the event that a municipality considers going to an all-volunteer fire department.
PA 98-0770 (SB 3332) Escape of sexually violent persons
Under previous law, it was a criminal offense for Sexually Violent Persons (SVPs) to escape from a secure residential facility or the custody of an employee of the facility. The new law would extend that criminal offense to escaped SVPs who have been released from the secure facility by court order and are living in the community on conditional release (such as individuals on parole, probation, conditional discharge, or mandatory supervised release). The Criminal offense “escape” is a Class 2 felony.
PA 98-0799 (SB 3427) Fire protection districts bidding process
Gives the Fire Protection Districts the right to use competitive bidding on personal property purchases for supplies, materials or work involving expenditures in excess of $20,000. This will help to purchase expensive equipment such as fire trucks at a lower price.
PA 98-0867 (SB 2695) Official misconduct by law enforcement employees
An employee of a law enforcement agency commits official misconduct when he or she knowingly uses information acquired on the job to obstruct or prevent an investigation, apprehension, or prosecution. The changes are in response to a 2010 Illinois Supreme Court decision which overturned the conviction of a police dispatcher found guilty of official misconduct and sentenced to two years of probation for reportedly contacting a suspect and telling him police had discovered his drug dealing.
PA 98-0635 (HB 5815) Record sealing/expungement – municipal ordinance violations
This act allows an individual to have their municipal ordinance violations sealed or expunged, excluding minor traffic offenses and speeding tickets. As enacted, an individual over the age of 18 convicted of a Class C misdemeanor, other than a minor traffic offense, can petition the court to expunge the records of his/her arrests two years after the completion of their sentence.
PA 98-0685 (HB 4083) Department of Corrections and Juvenile Justice technical changes
Makes technical changes to the Juvenile Court Act of 1987. It enables the Department of Juvenile Justice and the Department of corrections to update administrative rules to clarify roles. The clarifications do not change current practice by either Department, but only better define responsibilities.
PA 98-0748 (HB 5922) State land trespassing penalties
Enhances the penalty for persons caught trespassing for a second or subsequent time on property owned by CTA, PACE, Metra, and RTA, to a Class 4 felony, in an effort to reduce the amount of repeat violators that have caused numerous service delays. The felony offense is limited to those who enter upon the forbidden part of a right of way, including facilities or improvement areas.
PA 98-0831 (SB 2937) Allows for the use of drones during disasters or public health emergencies
Amends the Freedom from Drone Surveillance Act to prevent law enforcement from using information from private third party drones, unless the owner of the drone provides it freely. Allows for use of drones without a search warrant during a disaster or public health emergency. Allows drones to be used to monitor weather or emergency conditions and declare a disaster or public health emergency.
PA 98-0824 (SB 2709) Disallows blood donation as a form of community service
Amends various criminal codes in relation to juveniles, primarily the Juvenile Court Act of 1987. States that donating blood or working at a blood bank no longer qualifies as court ordered public or community service.
PA 98-0864 (SB 644) Court resolution after arbitration decision
In auto insurance disputes under $2,500, this allows a party to seek resolution in court after an arbitration decision. A Cook County Circuit Court held that the mandated arbitration language in existing law was unconstitutional because it violated an individual’s right to a jury trial. This legislation is designed to address that constitutional issue.
PA 98-0873 (SB 927) Emergency lights for Tollway Authority vehicles
Tollway Authority vehicles that are identified as Highway Emergency Lane Patrol are now allowed to use oscillating emergency lights. The lights cannot be in use unless the vehicle is responding to an emergency call, or parked or stationary while engaging in motor vehicle assistance or at the scene of an emergency. The lights can also be used when engaged in maintenance or construction while in the maintenance or construction project zone.
PA 98-0880 (HB 4523) Improving rural emergency medical services
In communities smaller than 7500, a member of an ambulance crew may provide services up to the highest level for which he or she is licensed, regardless of the level of the ambulance itself. The new law gives rural EMS providers more options for staffing their ambulances by allowing Pre-Hospital Registered Nurses to staff the ambulance and offer those services they are licensed to provide.
PA 98-0896 (HB 4236) Felony stalking prohibitions
Adds Class-4 felony stalking to the list of crimes that would make an individual ineligible for Treatment Alternatives for Safe Communities (TASC) participation. TASC is a not-for-profit organization that provides behavioral health recovery management services for individuals with substance abuse and mental health disorders.
PA 98-0892 (HB 4082) Preliminary conferences for juvenile offenders
If a minor fails to comply with the terms of a non-judicial probation adjustment, this new law directs that the matter is to be referred to the State’s Attorney for a determination about whether or not to file a delinquency petition. It also gives a probation department the power to confer in a preliminary conference to consider adjusting suitable cases without filing a petition for an adjudicatory hearing.
PA 98-0905 (HB 4594) Search warrant by oral testimony
Search warrants can now be obtained by oral testimony when circumstances make it impracticable to appear before a judge. The request must be made by electronic means that has a simultaneous video and audio transmission between the requestor and a judge. The judge may then issue a search warrant based upon sworn testimony communicated in the transmission.
PA 98-0908 (HB 4694) Death investigation records disclosure
Allows for greater access to records and communications when investigating the deaths of individuals with mental health and developmental disabilities. The law change will require records and communications of a deceased recipient to be disclosed to the coroner conducting a preliminary investigation.
PA 98-0897 (HB 4269) Criminal fortification of a residence/building
Video surveillance, motion sensing devices and booby traps will be added to Criminal Fortification of a Residence or Building statute. Since its enactment, there has been a significant increase in the use of video surveillance and motion sensing devices to alert occupants of residences or buildings of persons engaged in the illegal manufacture, storage, delivery or trafficking of cannabis, controlled substances or methamphetamine. A person can be charged with criminal fortification of a residence or building when there is intent to prevent the lawful entry of a law enforcement officer, knowing that the residence is used for the manufacture, storage, delivery or trafficking of illegal drugs.
PA 98-0919 (HB 5290) Grooming of children
In the statute concerning grooming, adds distributing photographs depicting the sex organs of a child and keeps penalty for grooming to a Class 4 felony, regardless of the age of the victim.
PA 98-0953 (SB 3074) More time to complete orders of restitution
SB 3074 provides that the court may extend a term of probation or conditional discharge that was concurrent to, consecutive to, or otherwise interrupted by a term of imprisonment for the purpose of providing additional time to complete an order of restitution.
PA 98-1105 (SB 2829) Paying costs and fees if a court reverses a hearing officer’s decision
This law provides for court costs and attorney’s fees if a court reverses a municipal code hearing officer decision. Applicable decisions include those made by a home-rule municipal code hearing officer that imposes a fine or penalty against an owner of a single-family or multi-family residence in violation of a condition or use of said property. The act does not apply to a municipality with a population of more than 500,000.
PA 98-0848 (SB 3302) Religious exemption to photograph identification
Amends the Fire Equipment Distributor and Employee Regulation Act of 2011, the Pyrotechnic Distributor and Operator Licensing Act, the Elevator Safety and Regulation Act, and the Illinois Plumbing License Law to state that, regardless of age, an applicant seeking a religious exemption to the photograph requirement shall submit fingerprints with his or her application in lieu of a photograph. Also provides that, by amending the Collateral Recovery Act and the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and the aforementioned Act, an applicant for licensure under these Acts who is 21 or older seeking a religious exemption to the photograph requirement under each Act’s licensing provisions must furnish with his or her application an approved copy of Internal Revenue Service Form 4029.
PA 98-0940 (HB 5950) Criminal law restitution payment
This law amends the Unified Code of Corrections to set forth procedures for a crime victim, through the court, to enforce the payment of restitution by a convicted person sentenced to probation, conditional discharge, or supervision.
PA 98-0956 (SB 3139) Easing distribution of propane in emergencies
SB 3139 provides that upon and during a declaration by the Governor of an emergency propane supply disaster, commercial truck weight limits for trucks carrying propane are relaxed. This will increase distribution of propane and therefore decrease the price.
PA 98-0977 (SB 3506) Emergency medical treatment
In a provision that sets forth the General Assembly’s findings, removes a finding that the use of the term “urgent” in a facility’s posted or advertised name may confuse the public regarding the types of services offered by that facility relative to the services offered by a hospital emergency department. In a provision that prohibits the use of certain terms that give the impression that emergency care is provided by a person, entity, or facility, the Act provides that a person, facility, or entity is not prohibited from holding itself to the public as an “urgi-“ or “urgent” care center.
PA 98-0981 (HB 5526) Kratom Control Act
Creates the Kratom Control Act, providing that a minor under 18 years of age shall not knowingly purchase or possess any product containing any quantity of Kratom, nor knowingly purchase or possess product containing Kratom. Persons caught distributing Kratom to minors are guilty of a Class B misdemeanor for which the fine will be no less than $500.
PA 98-1003 (HB 5856) Fire Protection District annexation
Provides that any fire protection district may be dissolved and consolidated into an adjoining district upon petition, hearing and election by both the dissolving district voters and the accepting district voters, and the board of trustees of the accepting district accept the territory, then the circuit court of the county accepting the new territory shall enter an order on the records. On the effective date of the simultaneous dissolution and consolidation, all rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority and responsibilities of the former district shall be assumed by the fire protection district assuming the territory of the former district.
PA 98-1009 (HB 2378) Criminal ID expungement
The Criminal Identification Act is amended allow for the expungement of criminal records that apply to all petitions pending on or after August 5, 2013. The law provides that someone may petition the circuit court to expunge the records of his or her arrests when he or she has been convicted of or placed on supervision for a misdemeanor that occurred more than 15 years before the filing of the petition if the person has not committed another offense within that period, other than minor traffic offenses. There is a $150 fee per offense plus court costs for the expungement, with fees deposited in the Misdemeanor Expungement Fund. The Secretary of Human Services shall disburse moneys in the fund as grants to certain specified organizations. The law removes the prohibition on sealing of records in certain specified cases.
PA 98-1012 (HB 3744) Bail conditions
Amends the Criminal Code on determining the amount of bail and conditions of release to specify that a state’s attorney may consider when a person is charged with a violation of an order of protection or charged with domestic battery, kidnapping, unlawful restraint, stalking, cyberstalking, harassment by telephone, electronic communications, or an attempt to commit first degree murder committed against an intimate partner (spouse or current or former partner in a cohabitation or dating relationship); and adds an evaluation of whether to use electronic surveillance which shall be paid by the defendant.
PA 98-1013 (SB 3558) Survivors of human trafficking fund
This law establishes a Specialized Services for Survivors of Human Trafficking Fund. It imposes an assessment for various human trafficking offenses to be collected and distributed in accordance with the Specialized Services for Survivors of Human Trafficking Fund. It makes changes concerning forfeiture for individuals convicted of keeping a place of prostitution and modifies the allocation percentages of moneys and sale proceeds forfeited by individuals convicted of involuntary servitude and trafficking of persons. The law also provides that the Secretary of State may issue special registration plates designated as "Support Survivors of Human Trafficking" license plates.
PA 98-0895 (HB 4235) Out-of-state attorney licensure
Allows licensed attorneys in other states to appear before the Illinois Commerce Commission, State of Illinois Departments, and the Tax Tribunal as provided in Illinois Supreme Court Rule 707. The Illinois Supreme Court rule governing out-of-state attorneys (Rule 707) was amended on June 18, 2013 (effective July 1, 2013). This law brings the Public Utilities Act into alignment with Supreme Court Rule 707.
PA 98-1014 (HB 802) Reforms to lineup procedures
This law is meant to reform the lineup procedures in Illinois to prevent false identifications ultimately leading to wrongful convictions. Among its requirements are procedures to prevent a lineup administrator from knowing the identity of a suspect and requires law enforcement agencies to adopt written guidelines for using simultaneous lineups and sequential lineups.
PA 98-1061 (HB 4113) Criminal “boot camp” sentences allow for house rehabilitation projects
The Cook County Sheriff has a program where criminals sentenced to “boot camp” may also be required to do labor on projects that involved house rehabilitation. This law brings the program into the criminal code.
PA 98-1025 (SB 2801) Placement of defendants found unfit to stand trial or acquitted by reason of insanity
If a defendant found unfit to stand trial or acquitted by reason of insanity is placed in the custody of the Department of Human Services, this law removes the ability of the court to order placement in a non-secure setting within the Department if there are compelling reasons.
PA 98-1077 (HB 5512) Helping the disabled seek legal action
In the occurrence where an individual wants to seek legal action against another individual or entity, but in the process becomes legally disabled, the statute of limitations is paused until they recover. Prior, if they did not recover in less than two years, statute of limitations would not allow them to seek legal action.
PA 98-1063 (HB 4216) Penalties for public document destruction
Penalties for destruction of public documents were inconsistent, they could be found in the Local Records Act, State Records Act, and the Criminal Code. This makes penalties consistent across the board, with the destruction of public documents being a Class 4 felony punishable by one to three years in prison and fines up to $25,000.
PA 98-1097 (SB 1941) Uniform Electronic Legal Material Act
Establishes what constitutes official “legal material” and designates official publishers in order to properly authenticate electronically published legal material.
Local/State Government
PA 98-0894 (HB 4208) Ethics laws for county appointeesCurrent law states that a member of a governmental entity appointed by a county board president or chairperson shall abide by certain ethics laws. This new statute extends that requirement to include persons appointed by any member or members of the county board.
PA 98-1116 (SB 3294) Labeling recycling bins
Municipalities and counties may require household good recycling bins to be labeled with the contact information of the owning or operating entity and whether they are a not-for-profit or for-profit entity.
PA 98-1118 (SB 3314) Municipal clerk training institute membership makeup
Deputy clerks are now permitted to sit on the Municipal Clerk Training Institute Committee while eight of the committee’s nine ex-officio positions were eliminated.
PA 98-1108 (SB 2980) Copies of township financial statement
This law permits townships to distribute copies of the financial statement to the electors at the annual meeting, instead of reading it.
PA 98-0779 (SB 3552) Collar Counties code of conduct
This law allows for Lake, Kane, Will, McHenry, and DuPage Counties to establish a code of conduct by ordinance for appointees appointed by the county board chairman or county executive. It permits removal of appointees for the violation of a code of conduct with 2/3’s vote of the county board.
PA 98-0930 (HB 5623) Local government email
Local officials will be required to each maintain an email address accessible to members of the public. The law does allow for the use of uniform single email addresses (for multiple officials) or individual email addresses. The addresses don’t have to be searchable but available through a hyperlink on the website.
PA 98-0942 (SB 2620) Weight limit standards for emergency repair vehicles
During an emergency, such as flooding, sewer trucks may need to operate with heavier loads to facilitate completion of emergency work. The current maximum weight limit for sewer trucks is 40,000 pounds. This law allows these trucks to operate up to 66,000 pounds when they are operated or hired by a municipality and executing the emergency repair of sewers. These vehicles may not operate on interstate highways or bridges, and the law only applies to Cook, Lake, McHenry, Kane, DuPage, and Will Counties.
PA 98-1083 (HB 5812) Guidelines for county officials serving on not-for-profit board
Provides under certain circumstances, an elected county official may hold a position on a board of a not-for-profit conducting business in the same county.
PA 98-1085 (HB 5889) Judicial fee increase for Will County judicial facility
Allows the Will County Board to collect new judicial facilities fees, to a maximum of $30, charged in both civil and criminal cases at the time of a judgment. Includes felonies, misdemeanors, local or county ordinances, traffic violations, and conservation cases. The fees collected will help the County pay for a new judicial facility.
PA 98-1078 (HB 5592) Reversionary annuities
This law allows members of the Illinois Municipal Retirement Fund to make an irrevocable election of a reversionary annuity before retirement.
PA 98-0854 (SB 499) Expands America’s Central Port District
This initiative of the Tri-City Regional Port District expands its authority, adds portions of Jersey County to the district, increases the board’s size from 7 to 9 members, and changes the name to create the new America's Central Port District. Under the new law the District will be also be able to acquire and maintain aquariums, sports facilities, museums and also factories or residential buildings. It also expands the District's ability to borrow money from banks by lengthening the repayment period from 3 years to 20 years.
PA 98-1087 (SB 229) Boards and commissions membership demographic data
Requires the Governor's Office of Boards and Commissions to establish and maintain on the Internet a uniform application that includes a data field where an applicant shall disclose his or her ethnicity, gender, and disability status for reporting purposes. Beginning October 1, 2015 and every year after, the Governor shall file a report with the General Assembly outlining the demographics.
PA 98-1084 (HB 5853) Government agencies online phonebook
Requires the Illinois Transparency & Accountability Portal web site to include a link to a website maintained by CMS that contains a list of contact information for each State agency, including a telephone number and a link to the Agency's website. Further clarifies that each State agency shall be responsible for providing and updating CMS with its contact information.
PA 98-1076 (HB 5491) Procurement efficiency
This law requires the Procurement Policy Board to create efficiency reviews. This simply provides greater efficiency and transparency in the Procurement Code.
PA 98-1027 (SB 3056) RTA reform omnibus bill
This legislation is intended to enhance transparency of the operations and financial expenditures of RTA, CTA, PACE and METRA. It is intended to provide services for areas that currently lack service, but are geographically located in the RTA service area. Changes include a requirement that RTA shall cooperate with other governmental and private agencies in bikeway and trail programs, and a requirement that RTA must consult with IDOT’s division of Programming and Planning when developing RTA’s strategic plan.
Real Estate/Property
PA 98-1106 (SB 2952) “Last known address” now includes e-mailE-mail addresses are now included in the definition of the term "last known address" in the Self-Service Storage Facility Act. This law provides that notice under the Act shall be delivered by verified mail or by electronic mail to the last known address of the occupant. It provides that a notice sent by electronic mail is presumed delivered when the owner receives a receipt of delivery to the occupant's last known address. It further provides that a sale shall be deemed to be held at the self-service storage facility where the personal property is stored if the sale is held on a publicly accessible online website.
PA 98-1109 (SB 3044) Amendments to the Real Estate License Act of 2000
This bill amended the Real Estate License Act of 2000 to add the definition of “Broker price opinion” and “Comparative market analysis” to the Act. It provides requirements and reasoning for broker price opinions and comparative market analyses. It provides what must be included in written/electronic broker price opinion/comparative market analysis and requires a criminal background check, including fingerprinting to Illinois State Police, for each new applicant for licensure by examination or restoration.
PA 98-0735 (HB 4784) E-mails for condo associations
Allows condo boards to deliver notices electronically to unit owners with their permission in order to facilitate more effective communication with their members. Also allows a condo owner to designate an e-mail address, postal address, or both, for official purposes and for an association’s records
PA 98-0754 (SB 2597) Seller disclosure in residential sales
A technical change to include “windows” and “doors” in what a seller must include in known material defects when selling residential property. Previously, the law specified “walls”; that language was intended to cover windows and doors as well. This law makes clear that inclusion.
PA 98-0933 (HB 5709) Real estate valuation waiver
Since county engineers are already exempted from having a license for valuation on property under $10,000 this would allow municipal engineers to be equal to county engineers for the purposes of a valuation of property under $10,000.
PA 98-0966 (SB 3286) Access to gated communities for process servers
Requires employees of gated communities provide access to process servers showing legitimate credentials to serve process on a resident of that gated community.
PA 98-0996 (HB 4782) Condo Board Lease
The civil code is amended to allow a condo board of managers to take possession of a property under authorized judgment and within 8 months after the month of termination, may permit or extend a lease for additional terms not to exceed 13 months.
PA 98-1068 (HB 4783) Condo association preventing suing developers
Condo association bylaws are often written with clauses that prevent a property owner from suing a developer. In many cases, there are defects to the condos and the owner must seek the approval of the association to seek legal action. This law does not allow such clauses in association bylaws.
PA 98-0821 (SB 2656) Power of attorney during condominium transfer after death
During any transfer of a condominium residential unit after the death of the owner, any parking or amenity owned and used by the owner is to be included. The law revises the Illinois Residential Real Property Transfer on Death Instrument Act to restrict the agent from exercising certain decision making powers, however it does not restrict the agent from the ability to sell.
PA 98-0836 (SB 2985) Changes regulations for small estate affidavits
Amends the Probate Act of 1975 to requiring anyone executing a small estate affidavit to list and classify the debts of the decedent. Should a decedent’s estate be insufficient to cover the costs of the affidavit, then it shall be paid pro rata. Allows the executor of a small estate affidavit to examine and remove the contents of the safety deposit box of the decedent of the affidavit.
PA 98-1062 (HB 4123) Protections for mobile home owners
Mobile home owners used to run the risk of mobile park owners going out of business or filing for bankruptcy and not being told until the day they are required to leave. The law requires more transparency about who the park owner is and notice requirements should the mobile home owner have to leave.
PA 98-1042 (HB 5322) Electronic voting for condo associations
Amends the Common Interest Community Association Act to allow condo associations with more than 10 units and up to $100,000 in assessments to allow voting, required notices, signatures, consent or approvals through electronic transmission. Associations must make reasonable accommodation, at its expense, for any person to conduct business with the association without the use of electronic or other means.
PA 98-0842 (SB 3057) Amends the Common Interest Community Association Act
Exempts certain provisions of the Act requiring a common interest community unit owner leasing a unit to deliver a copy of a lease to the association if the community instruments provide otherwise.
Transportation
PA 98-1074 (HB 5326) Public transportation registration feesThere is an annual $8 registration fee for all PACE vehicles. This law changes the annual fee to a one-time $8 fee.
PA 98-1103 (SB 2802) Proof of online license plate renewal
Allows a printed receipt of online license plate renewal to serve as proof of renewal until the sticker is received in the mail.
PA 98-0726 (HB 4422) Secretary of State omnibus bill
The omnibus bill for the Secretary of State makes the following changes: under the Illinois Identification Card Act, expands the definition of “disability” to include “oncological impairments” within Class 1A and Class 2A disabilities. It also amended the Illinois Vehicle Code concerning the Secretary of State’s discretionary authority to suspend or revoke the driver’s license or permit of military personnel. It removes the “J48 restriction” from statute. This restriction limits a driver to operating only a school bus and no other type of commercial motor vehicle.
PA 98-0870 (SB 2583) “Sign and drive” in Illinois
This new law institutes “sign and drive” in Illinois by prohibiting the confiscation of a motorist’s driver’s license as bail when stopped and cited for a minor (no jail time) traffic offense. Since 9/11, the need for appropriate, state-issued photo identification has become a necessity in order to travel, obtain health-care, renting vehicles, etc. The driver’s license is still the standard, accepted form of photo identification.
PA 98-0746 (HB 5895) Nighttime BiOptic driving permits
Allows persons using non-traditional visual aid instruments, such as BiOptics, to apply for a special, restricted driver’s training permit. Currently, no process exists for drivers who wear bioptic lenses to practice driving prior to taking the nighttime road test. The permit would allow the applicant to drive from sunset to 10:00 p.m. for six months as long as the applicant is accompanied by a person who has a valid driver’s license with no nighttime driving restrictions. BiOptic glasses are vision enhanced lenses with extreme magnification.
PA 98-0747 (HB 5897) BiOptic driving license renewal
Allows people who utilize BiOptics (vision enhanced lenses with extreme magnification) for nighttime driving to take a behind-the-wheel road renewal test every 4 years instead of annually. Maintains provisions in current law that require all BiOptic lens wearers to submit a Vision Specialist Report each year. Specifies that the Secretary of State may cancel a special restricted license for nighttime driving if the licensee violates any provision of the Illinois Vehicle Code during nighttime hours or is involved in a motor vehicle accident during nighttime hours for which the license holder is at fault.
PA 98-0737 (HB 5468) Window tinting certificate renewal
Permits a person who has been issued medical certificates allowing tinted windows on their vehicle to renew their medical certificate every 4 years rather than annually.
PA 98-0734 (HB 4743) County procedures for release of impounded vehicles
Counties, in addition to municipalities, may adopt administrative procedures for the release of impounded vehicles. This legislation is intended to be a source of income for counties on impounded vehicles that were used in commission of specified offenses and for the imposition of a reasonable administrative fee related to the county’s administrative and processing costs associate with the removal, impoundment, storage, and release of the vehicle.
PA 98-0884 (HB 3685) Waivers for licenses for certain bus drivers
Drivers of buses for religious organizations, senior citizen transportation services and for-profit ridesharing arrangement services are required to hold a valid drivers’ license for three years prior to the date of their application. This law allows an applicant to remain eligible if their license lapsed for less than 30 days during that time, and to apply for a waiver from the Secretary of State if the lapse was longer.
PA 98-0971 (SB 3402) Vehicular Dealer Plates & Repair
Provides that dealer plates issued by another state shall exempt a vehicle from the registration requirements of the Illinois Vehicle Code only while it is being transported to a repair facility within this State as evidenced by a work order or contract with the repair facility, and is displayed to a law enforcement officer upon request.
PA 98-0847 (SB 3290) Noise exemptions at off-road riding facilities
In a Section concerning off-road riding facilities, exempts owners or operators from civil and criminal liability arising out of or as a consequence of noise or sound emissions resulting from the use (instead of "normal use") of the off-road riding facility.
PA 98-0728 (HB 4687) Fees for shipping radioactive material
For truck shipments of less than 100 miles in Illinois that consist entirely of cobalt-60 or other medical isotopes or both, the $2,500 per truck fee shall be reduced to $1,500 for the first truck and $750 for each additional truck in the same shipment.
Health
PA 98-0775 (SB 2636) Use of medical cannabis for minorsAmends the Compassionate Use of Medical Cannabis Pilot Program Act to add the use of medical cannabis for seizures and epilepsy including for minors under the age of 18. Allows the Illinois Department of Public Health to create rules saying minors must have parental consent and/or minors may not smoke the cannabis (instead consume cannabis infused products); IDPH is not required to create these rules, but can if they so choose.
PA 98-0768 (SB 3115) Testimonials for physical therapists and PT Clinics
Eliminates language prohibiting the use of testimonials in the Illinois Physical Therapy Act. Previously Physical Therapists and Physical Therapy treatment centers could not use testimonials to advertise their services; physical therapists were the only medical field to be subjected to this restriction. Since testimonials are available from other sources and would not create any risk to the public, this law reinstates their use.
PA 98-0886 (HB 3765) Recommended follow-ups after a mammogram
When the Department of Public Health issues its written summary regarding early detection and treatment of breast cancer, it must now also inform individuals of recommended follow-up tests. The Department must use layman’s terms when making its summary.
PA 98-0629 (HB 1584) Children’s community-based health care centers
Amends state law to eliminate conflict and confusion arising from two different titles referring to the same program by redefining "children's respite care centers" as "children's community-based health care centers”, thereby making it easier for Illinois residents to see U.S. Health and Human Services Dept. reports by requiring that Home Office Cost statements related to children’s community-based health care centers also be sent to DPH and for DPH to post them on the Department’s website.
PA 98-0813 (SB 643) Penalties for unlicensed genetic counselors
Increases the penalty for an unlicensed genetic counselor who attempts to practice or provide services from a maximum of $1,000 to $10,000. Makes further changes in regards to the disciplining of unlicensed genetic counselors and how those penalties are evaluated.
PA 98-0827 (SB 2811) Concerns licensing and safety standards for hearing aide equipment
Replaces the term “hearing-impaired” with “deaf or hard of hearing” throughout the Hearing Instrument Consumer Protection Act. Allows a licensed hearing instrument dispenser or a licensed audiologist to take earmold impressions. Adds licensing standards based on the National Board of Certification in Hearing Instrument Sciences and recommendations of applicant qualifications based on the U.S. Department of Education standards.
PA 98-0837 (SB 2998) Changes qualifications for licensing as an advanced practice nurse
Removes renewal requirements for certain advanced practice nurses under the Nurse Practice Act. Midwifes, clinical nurse specialists, nurse practitioners, and certified registered nurse anesthetist with current, national certification need not renew their licenses with the Department of Financial and Professional Regulation.
PA 98-0849 (SB 3406) Qualifications for licensure as a clinical psychologist
Makes changes to the qualifications for licensure as a clinical psychologist. Requires that an applicant for licensure be a graduate of a doctoral program in clinical, school, or counseling psychology either accredited by the American Psychological Association or the Psychological Clinical Science Accreditation System or approved by the Council for the National Register of Health Service Providers in Psychology or other national board (rather than accredited by the American Psychological Association or approved by the Council for the National Register of Health Service Providers in Psychology or other national board).
PA 98-0853 (SB 3532) Examinations in involuntary admission proceedings
If the respondent is unable to obtain an examination in an involuntary admission proceeding, the respondent may request that the court order an examination to be made by a physician, qualified examiner, clinical psychologist, or other expert. The recipient in a discharge proceeding is entitled to secure an independent examination by a physician, qualified examiner, clinical psychologist, or other expert of his or her choice. If the recipient is unable to obtain an examination in a discharge proceeding, the recipient may request that the court order an examination to be made by a physician, qualified examiner, clinical psychologist, or other expert. The physician or other examiner may interview by phone or in person any witnesses or other persons listed in the petition for discharge. The physician or other examiner may submit a report in which their findings are described in detail. The court must determine the compensation of the examiner or other expert and the compensation must be paid by the recipient's county of residence unless the recipient is not a resident of this State, in which case the fee must be paid by the county in which the proceeding is pending.
PA 98-0890 (HB 4033) Badges not required in home-like facilities
Employees of facilities licensed or certified under the ID/DD Community Care Act or the Community-Integrated Living Arrangements Licensure and Certification Act are exempted from state law requiring them to wear identification badges. These facilities attempt to create a “home-like” setting for their residents and contended that the wearing of badges made it feel more like an institution.
PA 98-0891 (HB 4035) Maintaining cancer data
This new law allows the Department of Public Health to collect and maintain health data on the connection between the long-term effects of childhood cancer and the original cancer diagnosis and treatment. Better data collection can led to better informed parents when it comes to choosing the best course of treatment.
PA 98-0989 (SB 798) Aging – long term care ombudsman
Amends the Illinois Act on Aging, making some changes in provisions concerning the Long Term Care Ombudsman Program. Amends the Nursing Home Care Act, providing that the provisions of the Act concerning access to residents in a facility shall not limit the power of the State Long Term Care Ombudsman Program to enter and inspect a facility or communicate privately and without restriction with a resident who consents to the communication.
PA 98-1113 (SB 3228) Health care power of attorney forms
This act simplifies the language in the health care power of attorney form and makes the form more user friendly. It also contains provisions regarding whole body organ donation including adding a question on the form regarding whether the individual would like to make a contribution to medical science through organ donation.
PA 98-1091 (SB 647) Remote access to healthcare
Increases access to healthcare by allowing patients to seek treatment and/or consultation from their physician remotely (not in person). This bill increases access to medical care for patients in rural and other underserved areas.
PA 98-1125 (SB 3538) Protecting the disabled from fraud and abuse
It is a Class C misdemeanor to knowingly and falsely represent oneself as the legal guardian or public guardian of a disabled individual.
PA 98-1094 (SB 1051) Appointment of legal guardians of disabled adults
Codifies case law to make sure that the best interest and well-being of the disabled person is taken into consideration when selecting a legal guardian. Requires the same information collected in court forms to be included in an actual report. Information such as the name, business address, and business telephone number of all persons who performed the evaluations upon which the report is based.
PA 98-1001 (HB 5742) EMS Stroke center designations established
Amends the Emergency Medical Services Act and adds an “Acute Stroke-Ready Hospital” and “Comprehensive Stroke Center” designations and that require a certification using evidence-based standards from a nationally-recognized certifying body approved by the Department of Public Health; Defines the membership of the “Regional Stroke Advisory Subcommittee” and creates annual fees for these stroke center designations between $100 - $500 to be deposited into the Stroke Data Collection Fund to be used to collect data on stroke victims, treatments, and outcomes.
PA 98-1006 (SB 3440) Rural downstate health fund
Amends the Rural Health Fund to establish fees and specify that these fees and other gifts, grants or donations to be used for programs for the medically underserved and distributed: 60.2% to the Department of Public Health, 26.3% to SIU Board of Trustees, and 13.5% to the University of Illinois board of Trustees. International medical graduates in the J-1 Visa Medical Waiver Program may be required to pay fees but these fees will not be distributed under the above formula but to the administration of the J-1 Visa Waiver Program in Illinois.
PA 98-0708 (HB 2544) Guidelines and protocols for laboratory testing
The law creates the Accountable Care Organization Clinical Laboratory Testing Advisory Board. The Act says that every accountable care organization providing diagnosis and treatment for patients in this State must establish an advisory board to consider and recommend guidelines or protocols for clinical laboratory testing.
PA 98-0767 (SB 3077) Physician assistants requesting blood work
Brings the wording in the Illinois Clinical Laboratory and Blood Bank Act in line with that in the Physician Assistant Practice Act of 1987 and the Nurse Practice Act. The latter acts were changed to allow physicians assistants and advanced practice nurses to work with their partner doctor to request blood work; this alters the former act to reflect those changes.
PA 98-1046 (HB 5925) Illinois Clinical Laboratory and Blood Bank Act
Amends the AIDS Confidentiality Act and the Genetic Information Privacy Act to allow clinical laboratory results to be accessed through the Illinois Health Information Exchange (ILHIE). It protects physicians and health care providers from criminal or civil liability or discipline arising from any damages caused by reliance on the ILHIE. Allows patients to opt out of out of their health information being transmitted to or through a health information exchange.
PA 98-0690 (HB 5410) Lead poisoning prevention
Amends the Lead Poisoning Prevention Act to bring the Act into compliance with recent federal regulations, by requiring health care providers to report to the DPH when the provider has verified information of the existence of a blood lead test result for any child or pregnant person. Also provides that the prohibition on disclosure of information regarding lead testing does not prevent the DPH from using the information to prosecute an person who violates the Act.
Infrastructure/Construction
PA 98-0993 (HB 4535) Illinois Architecture, Professional Engineering, and Structural Engineering Practice Acts of 1989. In the provisions concerning application for licensure in architecture, professional engineering, and structural engineering, provides that an applicant who has graduated from a program outside the United States and whose first language is not English, but subsequently earns an advanced degree from an accredited educational institution in the United States, shall not be required to submit certification of passage of the Test of English as a Foreign Language (TOEFL) or any test of spoken English.PA 98-1090 (SB 641) Elevator inspector certification requirement
No elevator inspector’s license shall be granted to any person, unless he or she has been certified by a nationally or internationally recognized independent organization concerned with personnel certification.
PA 98-0952 (SB 3071) Consistency for library bidding contracts
Changes requirements for libraries to accept the lowest contract bid for certain projects when the cost is in excess of $20,000 if the bid does not meet the library's established specifications, terms of delivery, quality, and serviceability requirements. This aligns library bidding contracts with the same standards used by schools, colleges, and parks.
Business
PA 98-0776 (SB 1098) Corporate Liability post dissolutionAllows for a corporation that has been dissolved to continue to be liable up to five years after the dissolution. Any legitimate claim against the corporation could be from any period before, during, or after dissolution up to five years. The law reverses a decision made by the Illinois Supreme Court.
PA 98-0774 (HB 5701) ‘Ban the Box’ bill
Prohibits employers from seeking information regarding a potential employee’s criminal history until after an invitation to interview or a conditional offer of employment has been extended. Intended to allow job seekers with criminal history to be considered on their merits and experience rather than being dismissed out of hand for an offense
PA 98-0862 (HB 5622) Payroll cards
This law establishes requirements and regulations for the use of payroll cards by employers - stored value cards offered by some companies to their employees as an alternative to payroll checks or direct deposit. Payroll cards are similar to debit cards and can be used to make purchases or withdraw cash at ATMs. Regulations include prohibiting the employer from forcing an employee to accept a payroll card in lieu of other payment, and ensuring the employer provides a complete written explanation of the terms and conditions of the payroll card account including any fees that may be involved.
PA 98-0911 (HB 4790) Hair braiding licensure standards
Provides that an individual licensed as a hair braider teacher may practice hair braiding without being licensed as a hair braider. The purpose of this change is to bring the same standards to barber oversight as is done with cosmetology.
PA 98-1037 (HB 4157) Employee status for interns
Adopts the federal definition of “intern” to the Illinois Human Rights Act, giving employee status to unpaid interns at Illinois businesses for the purpose of sexual harassment claims. An “intern” is considered an employee if: the employer & intern agree to no wages; employer is not committed to hiring the person; and the closely supervised work provides experience for the benefit of the person performing the work, but does not displace regular employees.
PA 98-1119 (SB 3405) Protecting small businesses from patent trolls
Any person sending demand letters about patent infringement must have an actual legal claim that is valid. Offenders will be subject to sanctions for engaging in a deceptive business practice.
PA 98-1051 (HB 5563) Equal pay investigations
Allows Departments of Labor (DOL) and Human Rights (DHR) to combine Equal Pay and Sex Discrimination investigations and investigate an equal pay violation when a sex discrimination violation is also alleged, so that employers do not have to undergo TWO investigations.
PA 98-1050 (HB 8) Workplace pregnancy accommodations
Provides that it is a civil rights violation for employers: to not to make reasonable accommodations for employees with conditions commonly related to childbirth or pregnancy; to require a job applicant or employee to accept accommodations; to require an employee to take leave for a medical condition related to childbirth or pregnancy; or to retaliate against a person who has requested, attempted to request, used, or attempted to use a reasonable accommodation.
PA 98-0838 (SB 2999) Licensing of roofing contractors
An applicant for licensure must submit to IDFPR evidence that they have an unemployment insurance employer account number issued by IDES, and that there is not a delinquency in payment under the Unemployment Insurance Act. All persons performing roofing services under the Act shall be licensed as roofing contractors, except for persons who are deemed to be employees of a licensed roofing contractor.
PA 98-0874 (SB 1103) Occupational Safety and Health Act
This new Act, like the two Acts it replaces, applies only to public employers (the federal OSHA Act governs occupational health and safety in the private sector). One new change in the combined Act allows the Attorney General to bring an action in a circuit court to enforce the collection of any civil penalty assessed under the Act.
PA 98-1096 (SB 1778) Resale Dealers Act
The act requires that a resale dealer maintain a standard record book that has been approved by local law enforcement. It provides that the resale dealer shall record a detailed account of each transaction in the record book and establishes additional requirements concerning record books. Further provides that every resale dealer shall require that ID be shown by each person selling any goods, articles, or other things to the resale dealer and establishes additional requirements concerning acceptable forms of ID. It establishes criminal offenses that a person may be charged with for violating the Act, and amends the Pawnbroker Regulation Act to repeal a provision concerning requirements for unregistered buyers conducting business at temporary buying locations. Defines resale dealer.
Family
PA 98-0693 (SB 121) Changes to the African American Family CommissionMakes changes to the Illinois African American Family Commission by requiring more state agencies to collaborate with, and obtain guidance from, the commission. Also changes the appointment structure from being made entirely by the Governor, to appointments being made by the Governor and the four legislative leaders.
PA 98-0961 (SB 3231) Standardizing maintenance awards
SB 3231 amends the Maintenance Provisions of the Marriage and Dissolution of Marriage Act. It provides that no judge may award maintenance without first determining that maintenance is appropriate. It also sets standard guidelines for the maintenance award.
Children
PA 98-0707 (HB 671) Personal information of childrenThis Act changes the Children’s Privacy Protections and Parental Empowerment Act to state that the sales or purchase of a child’s personal information without parental consent is not prohibited in the course of criminal and civil investigations. Current law states that the sale or purchase of personal information concerning a child without parental consent is prohibited.
PA 98-1082 (HB 5686) Consistency of short-term guardians
Will allow courts to keep the appointments of fit and able short-term guardians. Also provides that the guardian shall inform the parents of the address and telephone number where the child may be reached if temporarily out of state with the short-term guardian.
Department of Children and Family Services
PA 98-0846 (SB 3283) DCFS and “fictive kin”The act expands the definition of "relative" to include a fictive kin, any individual, unrelated by birth or marriage, who is shown to have close personal or emotional ties with the child or the child's family prior to the child's placement with the individual. Provides that DCFS shall not remove a child from the home of a fictive kin on the basis that the fictive kin fails to apply for licensure as a foster family home within 6 months of the child's placement with the fictive kin, or fails to meet the standard for licensure, providing that all other requirements established under the rules and procedures of the Department concerning the placement of a child with a relative shall apply.
PA 98-0850 (SB 3421) Continuing education credit for mandated reporter training
Requires IDFPR to accept continuing education credit for mandated reporter training on how to recognize and report child abuse offered by DCFS and completed by any person who holds a professional license issued by the Department and who is a mandated reporter under the Abused and Neglected Child Reporting Act.
PA 98-0839 (SB 3009) DCFS progress reports
The Department of Children and Family Services shall provide the General Assembly with a comprehensive report on its progress in meeting performance measures and goals related to child care licensing no later than September 30th of each year (rather than September 30, 2013). This bill corrects a drafting error in PA 97-1096 which only required DCFS to complete the report once instead of yearly as intended.
PA 98-0830 (SB 2909) Updates safety plans for children tracked by Family Services
Adds certain data to annual reports on safety plans for children under the supervision of the Department of Children and Family Services. Provides that a written and signed copy of a safety plan will be given to the parents, adult caregiver, and a representative of DCFS along with information on the rights and responsibilities thereof.
PA 98-0803 (HB 4495) Juvenile age change for DCFS
Changes the age of juveniles to under 16 instead of under 15 for adjudicated delinquents that are placed in the custody of DCFS. This expands the services of DCFS to a larger group of minors to increase the chances of positive rehabilitation.
PA 98-0805 (HB 4652) DCFS college scholarship/tuition fee waiver program
The legislation makes changes to the Children and Family Services Act where the DCFS shall select a minimum of 53 qualified students to receive a tuition fee waiver for post-secondary education of up to five years.
PA 98-0806 (HB 4773) DCFS Youth Advisory Board Act
DCFS must create both state and regional youth advisory boards which will meet and issue recommendations to DCFS regarding improvements to services to former and current foster youth. The act excludes the meetings and findings of the Youth Advisory Board from the Open Meetings Act and from the Freedom of Information Act, leaving only any reports to the General Assembly open for public review.
PA 98-0808 (HB 5598) Custody Relinquishment Prevention Act
This law creates an interagency agreement for the purpose of preventing children, who are not abused or neglected, from having their guardianship transferred to DCFS in order to receive services aimed at the treatment of severe mental or emotional disorders. The interagency agreement establishes a clinical team in which will ensure that the families of these children are connected with the appropriate services to treat their disorder.
PA 98-0809 (HB 5990) Changes to the advisory board of the Children’s Advocacy Center Act
Makes changes to the Children’s Advocacy Center Act concerning the composition of the advisory board, expands the list and creates a set protocol for a mistreatment case conducted by the Child Advocacy Center.
Adoption
PA 98-0804 (HB 4636) Consistency in the Child Care Act and Adoption ActChanges language in the Child Care Act and Adoption Act so that both are consistent in regards to a parent being related to a child.
PA 98-0704 (HB 5949) Access to birth certificates of adopted persons
Allows adult grandchildren to access birth certificates and other information regarding their deceased grandparents if the grandparent was adopted. Also allows a birth parent of an adopted child to receive a non-certified copy of an original birth certificate if certain conditions are met.
Tax
PA 98-0628 (HB 2317) Allows for property tax bill to be sent via e-mail upon requestPermits County Treasurers to send property tax bills via e-mail if the property owner or taxpayer makes a request in writing. In addition, requires sales tax on leased vehicles to be collected on the monthly payments, as opposed to prior law which provided the tax be collected on the value of the vehicle at the inception of the lease.
PA 98-0811 (SB 333) Erroneous homestead property tax exemptions
Adds interest and penalties on the principal property tax amount should an erroneous exemption have been granted. The principal property tax amount is considered the amount of the property taxes on the assessed value prior to the erroneous homestead exemption.
PA 98-1089 (SB 352) Internet sales tax collection
Will allow the State to use an Internet “click-through” relationship as a way to demand that the Internet retailer collect and remit sales taxes to the State of Illinois.
PA 98-0789 (SB 0336) Illinois Rehabilitation and Revitalization Tax Credit Act
Creates a credit against taxes imposed under the Illinois Income Tax Act and the Illinois Insurance Code in an aggregate amount equal to 20% of qualified expenditures incurred by a qualified taxpayer pursuant to a qualified rehabilitation plan on a qualified structure, provided that the total amount of such qualified expenditures exceeds the greater of $5,000 or the adjusted basis of the property. Allows credits to be carried forward for a period of 5 years, or carried back for a period of one year. Credits awarded for each qualified rehabilitation project shall be limited to a maximum of $3,000,000.
PA 98-0925 (HB 5564) Apply tax refund to tax liability
This act directs the Department of Revenue to credit Illinois income tax overpayments against the taxpayer’s future tax liabilities. With some taxpayers paying estimated taxes throughout the year this change speeds up the balancing of each taxpayer’s books with the State and prevents the taxpayer from having to wait for a refund check at the same time that he or she is continuing to make other payments to the State.
PA 98-0974 (SB 3448) Retailers’ Occupation Tax Act – Registration
Provides that the Department of Revenue shall give notice of at least 60 days (instead of 120 days) before the expiration of a retailer’s certificate of registration if the certificate is not being renewed because the taxpayer is in default for delinquent returns or for money due under any State tax law or ordinance enforced by the Department of Revenue.
PA 98-1026 (SB 2854) Claiming property tax refunds in Cook County
This law provides that in Cook County only, taxpayers have 20 years to claim a property tax refund, up from the current limit of five years. It also limits refund amounts for taxes paid prior to 2009 to $2.5 million per year.
PA 98-1058 (HB 3885) Tax shelter voluntary compliance
Allows a fine of up to $7500 for any person who divulges confidential information from sales tax returns or investigations. However, the Illinois Department of Revenue is allowed to share the following information with municipalities: Business name; Business address; Sales tax receipts distributed to the municipality; and a listing of all businesses within the municipality by account ID and address.
Insurance
PA 98-0519 (SB 1898) Increases minimum mandatory coverage for liability insurance policiesThe new law raises the required minimum coverage for 1) Bodily Injury or death to any one person from $20,000 to $25,000; 2) Bodily Injury or Death of 2 or more persons in any one accident from $40,000 to $50,000; and 3) Injury to or destruction of property from $15,000 to $20,000. Only apply to policies issued or renewed on or after January 1, 2015.
PA 98-0819 (SB 2608) Certificate of insurance
Outlines provisions dealing with certificates of insurance on property, operations or risks located in one particular state while the policy holder, insurer or applicant are located in a separate state. Further sets provisions pertaining to the issuance of certificates of insurance and protections against false or misleading information on the certificate of insurance. The Director of Insurance maintains authority to enforce the provisions of this Section of the Illinois Insurance Code.
PA 98-0823 (SB 2662) Changes the types of investments Farm Insurance companies can make
Allows fund managers of companies regulated under the Farm Mutual Insurance Act of 1986 to invest in a number of financial instruments without prior approval from the company’s director. Also
denotes caps of what percentage of funds may be invested in various different investment types.
PA 98-0832 (SB 2947) Prevents those convicted of certain felonies or misdemeanors from being title insurance agents
Amends the Title Insurance Act to prevent any person or entity convicted of a felony or misdemeanor involving theft or dishonesty from acting as a title insurance agent without specific written notification. A written notification must come from Secretary disclosing the conviction or plea.
PA 98-0701 (SB 2922) Public adjuster rates
Amends the Illinois Insurance Code by setting a cap on the amount a public adjuster may charge, agree to, or accept. Sets the cap at 10% of the amount of the insurance settlement claim paid by an insurer on a claim resulting from a catastrophic event unless approved in writing by the Director of Insurance.
PA 98-0814 (SB 646) Domestic society insurance coverage
Any domestic society which offers benefits must be governed by a vetted board of directors. The law sets provisions in which the domestic society holds no real liability and further sets provisions granting the Director of Insurance authority over determining the amount of surplus on-hand, but not to fall below $2 million.
PA 98-0927 (HB 5575) Motor vehicle insurance damages
Increases the amount of damages necessary for binding arbitration in uninsured motorist and hit-and-run motor vehicle cases. Currently, arbitrator’s decisions are only binding for damages not exceeding $50,000 for bodily injury or death of any person and $100,000 for bodily injury or death of two more persons. For damages not reaching that threshold, an insurance carrier can require an insured to reject the arbitration and file a complaint in circuit court for the same issues. This legislation increased those limits to $75,000 for bodily injury/ death of one person and $150,000 for bodily injury/death of two persons.
PA 98-0978 (SB 3324) Insurance Code – industrial insureds
Makes changes in the Section concerning transactions involving contracts of insurance issued to one or more industrial insured groups to apply to transactions involving contracts of insurance independently procured directly from an unauthorized insurer by the industrial insured. Further amends the Illinois Insurance Code in the provision concerning the Surplus Line Association of Illinois, and specifies that certain provisions concerning transactions in this State involving contracts of insurance independently procured directly from an unauthorized insurer by insureds apply to contracts effective January 1, 2015 or later.
PA 98-1007 (SB 3504) Mine subsidence insurance coverage
Amends the Insurance Code concerning mine subsidence damage claims, to require that, unless agreed to by the insured and the insurer of a residence or commercial property, the premium level must not change and coverage may not end unless waived in writing by the insured within 60 days of notice by the insurer.
PA 98-0969 (SB 3322) Statements of actuarial opinion for joint insurance pools
The law deletes the changes to the provision requiring joint insurance pools to file a statement of actuarial opinion with the Director of Insurance. It provides instead that the joint insurance pool shall also annually file with the Director a statement of actuarial opinion that conforms to the Actuarial Standards of Practice issued by the Actuarial Standards Board.
Education
PA 98-0661 (HB 5716) Access to digital public school emergency crisis response plans
Allows school boards to update public school building’s emergency crisis response plans and make them accessible in a digital format to allow emergency and crisis plans to be available to first responders, administrators and teachers for implementation through the use of applications on electronic devices, including, but not limited to, smartphones, tablets, and laptop computers.
PA 98-0718 (HB 4336) Updating GED-related statutes
Changes references relating to General Educational Development (GED) testing and certificates to high school equivalency testing and certificates throughout various Acts.
PA 98-0719 (HB 4340) Updating statutes relating to the Illinois Community College Board
Existing statutes are updated to change references from the President and Chief Executive Officer of the Illinois Community College Board to the Executive Director of the Illinois Community College Board.
PA 98-0741 (HB 5619) School technology improvements
Allows local school districts to use impact fees for technological infrastructure, such as Wi-Fi, in addition to land or building improvements. Impact fees are collected by counties and municipalities from commercial and individual home builders to fund infrastructure improvements necessitated and attributed to new development.
PA 98-0751 (SB 587) Technical education endorsement
Provides that an individual seeking a career and technical education endorsement only need to pass a basic skills test for renewal of the endorsement
PA 98-0783 (HB 3232) Local contract bids for charter schools
Gives an option to local school boards to choose local bidders on contracts, as long as the contract does not exceed 2% of the lowest responsible bide.
PA 98-0801 (HB 4207) Adding cyber-bullying to the school code
Requires all schools, public or private to add cyber-bullying into the school code and policy to investigate an act of bullying.
PA 98-0792 (SB 3441) Higher Education Distance Learning Act
The law brings reciprocity for states that participate in distance learning. The Board of Higher Education is authorized to oversee the program.
PA 98-0817 (SB 1999) Home day care education application requirement
The law allows for the presentation of a copy of a post-secondary education diploma or certificate on an application to operate a home day care. Prior to passage, only a copy of a high school diploma, or equivalent was accepted.
PA 98-0860 (SB 3274) Requirements for highly qualified teacher status
This new law makes a teacher who teaches physical education or health education in the public schools eligible to meet the same requirements for highly qualified status, under the federal No Child Left Behind Act of 2001, that apply to teachers who teach in core academic subjects such as math or history.
PA 98-0876 (HB 4561) Background checks for adult drivers’ education instructors
HB 4561 requires prospective adult drivers’ education instructors to undergo fingerprinting and a background check to determine if that person has a criminal record. The Secretary of State may utilize any information turned up by the background check as part of a hearing relating to the denial, cancellation or suspension of certification.
PA 98-1100 (SB 2765) EIU tuition waiver limit program extended
Extends the pilot tuition discount program (Panther Promise) at Eastern Illinois University for 3 years.
PA 98-1112 (SB 3113) Issues arising from Mercer County school consolidation
Requires the county clerk representing the Mercer County School District #404, which was consolidated in 2009 to, upon resolution of a school board, extend taxes to pay the principal of and interest of general obligation bonds, with restrictions, issued by the new school district exclusively to refund any bonded indebtedness of a district organized into the new district against the property in which the original bonded indebtedness.
PA 98-0883 (HB 2513) Building storm shelters in new schools
This law requires all new school construction in Illinois to include a storm shelter which meets the minimum requirements of the International Code Council and National Storm Shelter Association. The legislation was inspired by the devastation left by deadly tornadoes which ripped through Illinois in 2012 and 2013.
PA 98-1036 (HB 3948) Recruiting effective teachers
The Grow Your Own Teacher Education Initiative shall help to create a statewide pipeline of teachers who are likely to become effective teachers. It redefines some of the goals of the program and provides that a consortium shall recruit potential candidates for the Grow Your Own Teacher preparation program and shall take into consideration specified traits when selecting a candidate.
PA 98-1053 (HB 1152) Chicago school governance
Creates the pro bono Chicago Educational Governance Task Force, which must report findings to the Illinois legislature by May 30, 2016, and abolishes the Task Force by May 31, 2016. The Task Force’s goal is to recommend the best operating structure to ensure the best educational outcomes for students in the Chicago School District.
PA 98-1057 (HB 3662) Safe Passage
Provides that pupils in the Chicago Public School District who must travel along a safe passage route as designated by the school board, to reach school or return home, is a qualified pupil for purposes of reimbursement under this program. Sets limits on dollar amount of reimbursements.
PA 98-1008 (SB 3554) School ‘Purchase Care Review Board’ membership
Amends the School Code to include one non-voting member who is an administrator of a private, nonpublic, special education school. This Review Board establishes uniform rules, standards and regulations on allowable costs and payments made by local school districts for special education, room and board, and other related services provided by non-public schools or special education facilities
Tobacco/Liquor/Controlled Substance
PA 98-0983 (HB 5868) Electronic cigarettesAmends the Display of Tobacco Products Act, providing that alternative nicotine products (electronic cigarettes) must be sold from behind the counter or in an age restricted area or in a sealed display case.
PA 98-0987 (SB 3275) Controlled substances
Amends the Illinois Controlled Substances Act, adding 25I-NBOMe, 25C-NBOMe and 25B-NBOMe to the list of Schedule I controlled substances
PA 98-0980 (HB 4093) Methamphetamine Control and Community Protection Act
Amends the Methamphetamine Control and Community Protection Act, including in the offense of aggravated participation in the manufacture of methamphetamine, methamphetamine manufacturing that occurs within 1,000 feet of the real property comprising any school.
PA 98-0941 (SB 728) Liquor sales violations
The Liquor Control Commission shall only consider the selling of alcohol to a minor as a “multiple violation” if such violations occurred within 5 years of each violation. Further, the bill limits the inspection powers of Liquor Control Commission agents pertaining to “private areas within the premises.” Agents will have to have a reasonable suspicion or warrant to search areas such as safes, personal property and closed desks.
PA 98-1017 (HB 4745) Keeping alcohol out of the hands of minors
HB 4745 makes changes in provisions that prohibit the sale or furnishing of alcohol to, and the possession of alcohol by, persons under the age of 21. It is unlawful for any person to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, watercraft, or conveyance to be used by an invitee under the age of 21 in a manner that violates the prohibition. It also makes provisions in the case of rental property.
PA 98-1021 (HB 5689) Special packaging for e-cigarettes
The new law provides that electronic cigarette liquids sold and marketed for the refilling of e-cigarettes may be sold only in special packaging. The Illinois Department of Public Health (IDPH) shall adopt rules establishing the standards for special packaging to be used for e-cigarette liquids.
Name/Definition Changes
PA 98-0769 (SB 3125) Carnival Safety Act Name ChangeChanges the name of the “Carnival and Amusement Rides Safety Act” to the “Amusement Ride and Attraction Safety Act” in order to be more encompassing. Also adds the terms "amusement enterprise" and "amusement enterprise worker" alongside "carnival" and "carnival worker" for the same purpose.
PA 98-0771 (SB 3333) Broaden definition of “Aquatic Life”
Broadens the definition of “aquatic life” to help Illinois Department of Natural Resources (IDNR) limit the introduction of invasive species. Also gives IDNR the ability to update the definition of “aquatic life” through rules after consultation with biologists, zoologists, or other wildlife experts.
PA 98-0843 (SB 3103) Definition of beer expanded
Adds to the definition of the term "beer" all beverages brewed or fermented wholly or in part from malt products.
PA 98-0958 (SB 3157) Preventing distribution of adulterated milk
Deletes the definitions for "milk plant", "milk hauler-sampler", "cleaning and sanitizing facility", and "milk tank truck". Includes in the definition of "milk" the milk of sheep, water buffalo, and other hooved mammals.
PA 98-1123 (SB 3465) Ambulatory surgery center definition expanded
Ambulatory Surgery Centers (ASCs) include any facility that meets the federal Medicare definition of ASCs and allows the Illinois Department of Public Health to automatically incorporate Medicare standards into its review of ASCs.
PA 98-1047 (SB 232) Definition of good moral character
Provides that good moral character shall be a qualification in matters of licensing by the Illinois Department of Professional Regulation. Authorizes the IDPR to revoke or deny licensing or take disciplinary action against any licensee whose conduct violates the continuing requirement of good moral character.
Boating/Watercraft
PA 98-0697 (SB 2731) Safety for persons towed by watercraftAmends the Boat Registration & Safety Act to require operators of a watercraft towing a person to display an orange flag on their watercraft from the time the person prepares for towing until the person reenters the boat.
PA 98-0698 (SB 3433) Boating safety certificates
Provides that no one born on or after January 1, 1998 shall operate a motorboat with more than 10 horse power without securing a valid Boating Safety Certificate by the Department of Natural Resources or another approved agency.
PA 98-0699 (SB 3434) Forfeiture and seizure of watercraft
Provides that a watercraft used with the knowledge and consent of the owner for the commission of specified offenses may be seized.
Pensions
PA 98-0777 (HB 3130) Pension Funding ObligationRequires the State to transfer $1 billion annually from the General Revenue Fund to the Pension Stabilization Fund beginning FY 2020 and expires FY 2057 if each retirement system is funded properly. This requirement is contractually obligated to contribute to the system each fiscal year an amount not less than the sum of the state’s required contribution. Also, all forms of retirement income that exceed $125,000 pe