New Laws Taking Effect in 2015

On January 1, 2015, more than 200 new laws will take effect in Illinois. Here is a brief summary of a few of these new laws.  For a complete list of new laws by category, please click here.

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. PA 98-0704 (HB 5949)

“Tax rollback day” approaches and it will mean more money in the pockets of Illinois residents.

Under the terms of Illinois’ largest-ever tax increase law (passed by legislative Democrats in a 2011 lame-duck session and signed by Gov. Quinn) the income tax paid by individual Illinois residents is scheduled to be partially rolled-back from 5% to 3.75% on January 1, 2015.  The corporate income tax rate will be rolled back at the same time.

Read more about the tax rollback:
Illinois employers: Don't forget income-tax rollback
Illinois tax increase to roll back as planned
Get a better handle on state finances

Come Thursday, enjoy the raise you won Nov. 4
Tax drop to put more money in Illinois paychecks

Kratom may sound something out of Superman, but the herbal supplement is the latest drug to be banned from minors in Illinois.

A new state law takes effect Jan. 1 prohibiting youngsters from getting their hands on the plant known as Mitragyna speciosa from southeast Asia. Commonly sold in a concentrated pill form, it can offer a high similar to Vicodin or heroin but is legally sold in stores, officials said.

"When people are purchasing things from the store, they believe it's safe to ingest," said Rep. Dennis Reboletti, R-Elmhurst, who led the effort to ban kratom.

The former Will County prosecutor said there haven't been any known overdose deaths in the area. He said kratom hasn't been regulated federally because it hasn't been studied enough. Read more.

With the holiday season in full swing, the state Capitol is largely quiet. But some legislators say this is the exact time to think of children in the state’s care.

State Rep. Patti Bellock, R-Hinsdale, called reports of physical and sexual violence within the state’s child welfare agency “an absolute tragedy.”

She said an upcoming hearing to examine the problems at the Department of Children and Family Services could mark the start of a bipartisan effort to greatly improve child protection in Illinois.

State Rep. John Cabello, R-Machesney Park, another member of the House Human Services committee examining the issues, agrees change is needed, including making child protection a true state priority.

DCFS has long been underfunded and understaffed and leadership at the top has too often changed, Cabello said. “I’ve worked with a number of DCFS people, caseworkers, in my area. I can tell you they are committed to doing what is right, committed to doing the most they can with what they have,” said the Rockford police detective who is on leave while he serves in the General Assembly. The Rockford Register Star has the story by Mark Fitton with the Illinois News Network.

The Boat Drink Caucus, a musical group comprised of Illinois lawmakers, will headline for country singer Toby Keith and blues artist Buddy Guy at the Inauguration festivities for Governor-Elect Bruce Rauner on Jan. 12 in Springfield.

Members of the band include Republican state Reps. Mike Tryon of Crystal Lake, Chad Hays of Catlin and Democrat Sen. Don Harmon of Oak Park.

For the Inauguration event, they will be joined by Rep. Hays' sister, Carla Modglin, a singer and keyboardist from Muskego, WI as well as Tom Grassman (lead guitar), Jeff Markland (drums) and Michael "Guido" Esteves (bass), all of Champaign-Urbana.

The Boat Drink Caucus combines Jimmy Buffett-like tropical style with classic rock favorites.

Read more about the Boat Drink Caucus:
Tom Kacich: Hays' band to open Rauner's inauguration
Illinois state Rep. Mike Tryon’s band to play inauguration concert

On January 1, more than 200 new laws will take effect in Illinois.  Here is a brief synopsis of these new laws.

Veterans/Military

PA 98-0879 (SB 3255) Eases requirements for disabled veteran parking placards
This 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.

The new“sign and drive” law prohibits the confiscation of a motorist’s driver’s license when stopped and cited for a minor (no jail time) traffic offense.  Previously, Illinois drivers given a citation for certain offenses had to relinquish their driver’s licenses to police until their fine was paid or until they attended a required court appearance.

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.

Sign and drive allows a motorist's signature on a traffic citation to act as the guarantee they will comply with the terms of the citation and either appear in court or pay the required fine. The Secretary of State can, as before, suspend driving privileges of any motorist who does not comply with their citation.

The Law Enforcement Officer Bulletproof Vest Act created by HB 5688 is one of many new laws that go into effect after the first of the year. It requires law enforcement agencies that receive substantial federal and state funding for the purchase of bulletproof vests, to provide a bulletproof vest for every new law enforcement officer, and replace each vest before the warranty expires.

It also 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.

Read more about this new law in the Chicago Tribune.

New laws effective January 1, 2015 affecting persons with disabilities:

Protecting the Disabled from Fraud and Abuse. Beginning January 1, it will be a Class C misdemeanor to knowingly and falsely represent oneself as the legal guardian or public guardian of a disabled individual.

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.

Illinois Comptroller – Succession

Quinn appoints Stermer Comptroller; Rauner to appoint for full term.  The incumbent and recently-reelected Comptroller Judy Baar Topinka passed away on Wednesday, December 10.   A legal consensus calls for her office to be refilled in stages.  In the first stage, urgently required to carry on essential State cash flow business, departing Gov. Pat Quinn named longtime aide Jerry Stermer as temporary Comptroller on Friday, December 19 to serve the remaining days of Topinka’s first term.  Stermer will voluntarily step down as Comptroller on January 12, 2015.

The second stage of replacing Topinka will cover the four-year term for which she was elected in November 2014, starting on January 12, 2015 (the inauguration day for Illinois statewide elected officials).  The Constitution has given Governor-elect Bruce Rauner the right to make an appointment during this four-year period.  The newly-appointed Comptroller will have the heavy responsibility of supervising the State’s money during a time of unprecedented demands on the cash flow of the State.  Topinka revealed, before her death, that the State’s total of unpaid bills had climbed above $6 billion (Monthly Money Matters).

Well, he certainly isn't leaving quietly.

Gov. Pat Quinn, who lost his re-election bid last month, announced Thursday that he's calling the lame duck General Assembly to Springfield for a special session on Jan. 8, just a few days before a new governor and new legislature will be inaugurated.

Why on earth? Quinn wants lawmakers to pass a bill scheduling an election for comptroller in 2016, the next chance to run candidates for a statewide ballot. The unfortunate and untimely death of Comptroller Judy Baar Topinka before she was sworn in for another term has created a debate — OK, call it a scramble — over the selection of a successor.

Quinn apparently wants to deliver a kick in the pants to the man who beat him, Gov.-elect Bruce Rauner. According to Attorney General Lisa Madigan's reading of the law and the Illinois Constitution, the next governor has the authority to appoint a comptroller for the full four years of the term Topinka won in the Nov. 4 election. Read the Chicago Tribune editorial in its entirety.

The deadline for submitting applications for the OSFM and IFA Fire Truck Revolving Loan Program has been extended to December 31st! It’s not too late for departments to submit applications and supplemental documents.

The Program provides zero-percent or low-interest loans of up to $350,000 to fire departments for the purchase of fire trucks and up to $100,000 for brush trucks. Please encourage those departments who are considering loan funding for a new vehicle to apply. Find out more here.

The Auditor General today released a troubling audit on the failure of the Department of Children and Family Services (DCFS) to report missing children in state custody dating back to 2011. The audit comes on the heels of an ongoing investigation into abuse and lack of supervision in DCFS residential facilities, the subject of an upcoming Illinois House hearing scheduled for January 7. The reports involve cases of physical and sexual abuse of children in state custody; including exposure to drugs, acts of violence and forced prostitution.

The audit released today was conducted in response to a legislative measure adopted in May, HR 120, directing the Office of the Auditor General to conduct a management audit of the DCFS search for missing children. The Resolution asked the audit to determine for calendar years 2011–2012: (1) the number of children reported missing; (2) whether timely reports of missing children were made to required parties; and (3) the steps followed to locate and recover missing children, including compliance with procedures. Read more.

Here are some of the new laws affecting homeowners and their property taxes:

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.

Allows for property tax bill to be sent via e-mail upon request. Permits 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.

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.

Illinois leaders – past, present and future – gathered Wednesday morning with one common agenda: honoring the life and service of Riverside resident Judy Baar Topinka.

Sharing the podium were the likes of Gov. Pat Quinn, Gov.-elect Bruce Rauner and former Gov. James Thompson.

"She was always known for telling the truth, a truth-teller," Quinn said.

They gathered at Local 150 in Countryside to offer praise and memories about Topinka, who died Dec. 10 at MacNeal Hospital in Berwyn after suffering a stroke. Read more in My Suburban Life.

Two updated Insurance laws go into effect on January 1, 2015 in Illinois.

Changes to an existing law raises the minimum mandatory coverage for automobile liability insurance. Coverage amounts for bodily injury or death to any one person is increased from $20,000 to $25,000; bodily injury or death to more than one person from $40,000 to $50,000; and injury or destruction of property of others from $15,000 to $20,000.

Another law 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.

The press release practically writes itself: Gov. Pat Quinn signs legislation raising pay for jurors in Illinois.

He'd better not.

Lawmakers have sent the governor a very bad bill, hatched in the final stretch of a lame-duck veto session and rammed through without input from local governments or other stakeholders.

It's been sold as a pay raise for jurors, and yes, that's part of it. They'd get $25 for showing up the first day and $50 a day thereafter if they end up serving on a jury.

Some counties now pay as little as $5 a day. Cook County jurors get $17.20. No, that doesn't compensate them for their time, much less for travel, parking and all the vending machine snacks they eat during those wasted hours in the assembly room — but then neither would $25.

The juror pay raise is a populist ruse, meant to appeal to Quinn: a little favor to the People of Illinois on his way out the door.

In fact, the bill is a gift to the Illinois Trial Lawyers Association, which contributes generously to legislative campaign funds. The group represents plaintiffs' attorneys, who file lawsuits for a living. The bill passed by their friends in the General Assembly is designed to stack the juries in those cases in the plaintiffs' favor. Read the Chicago Tribune Editorial in its entirety.

Lawmakers passed legislation this year that ensures the safety of boaters and others using Illinois' waterways. All of these laws go into affect on January 1, 2015:

Safety for Persons Towed by Watercraft
This new law requires 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.

Boating Safety Certificates 
The law 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.

Forfeiture and Seizure of Watercraft
Beginning January 2, 2014, a watercraft may be seized by law enforcement if the owner of the craft allows an individual who lost their privilege or an individual under the influence of alcohol or drugs operate the craft.

Judy Baar Topinka – biography
State Comptroller passes away in office; veteran elected official is remembered by both parties.  Judy Baar Topinka, a lifelong resident of historic Riverside, Illinois, passed away on Wednesday, December 10. The incumbent State Comptroller had just been reelected by popular vote to serve a second term in office; she would have taken her oath of office alongside Governor-elect Bruce Rauner on Monday, January 12.

A public Memorial Service honoring longtime state leader Judy Baar Topinka will be held on:

Wednesday, December 17
9:30 a.m.
at
Local 150
6200 Joliet Rd.
Countryside, IL

Fellow state leaders, colleagues and family will share stories and celebrate the life of Comptroller Topinka, who was the first woman in Illinois history to be elected to two Constitutional Offices and the first state Treasurer to be elected to three consecutive terms.

House Republicans today praised the scheduling of a hearing of the Human Services Committee for Wednesday, January 7 to receive testimony regarding documented abuse at DCFS Residential Facilities throughout the state. The hearing comes in response to a series of disturbing reports exposing cases of physical and sexual abuse of children in state custody; including exposure to drugs, acts of violence and forced prostitution.  Read more.

Here are some of the answers to your questions about the new eavesdropping law in Illinois:

Why did Illinois need to change its current eavesdropping law? 

In March of this year, the Illinois Supreme Court ruled that portions of Illinois’ eavesdropping law violated free speech and due process protections of the U.S. and Illinois Constitutions.

The court found that, while the law was enacted to protect private conversations from being recorded without consent, as written it was far too broad. It made criminals out of people who recorded conversations that were undeniably public, or that nobody intended to be private.

You know this if you were a close friend of hers, or if you just saw it on a TV commercial: Nobody appreciated a good yard sale more than Judy Baar Topinka did. It wasn’t just campaign shtick. It was true.  She could be in deep conversation about the arcana of public policy and abruptly start to gush about the antique lamp she had fetched for $5. She never understood why shoppers would pay full price for anything when there were Goodwill stores and yard sales full of great deals. Read more of today's Chicago Tribune editorial about the loss of Illinois' Judy Baar Topinka. 

A new law will require all new schools being build in Illinois to include a storm shelter that can withstand an EF4 tornado. The legislation was inspired by the devastation left by deadly tornadoes which ripped through Illinois in 2012 and 2013.

Read Public Act 098-0883.

A new Illinois law will help adult adoptees and their decendents learn more about their ancestry. It will also allow individuals to gain information about their biological family members including obtaining original birth records when one of their grandparents was adopted as a child.

Under the law, adult grandchildren will be granted access to birth certificates and other information regarding their deceased grandparents, if the grandparent was adopted.

The law is effective January 1, 2015.

To honor those who have served in the military and earned the Purple Heart, beginning January 1, 2015, Illinois will 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.

The legislation was sponsored by Rep C.D. Davidsmeyer.

During the second week of this year’s veto session, the majority party once again sought to ignore the demand of Illinois voters and their call for bipartisan solutions. On a party-line vote of 67-46, the Democrats in the Illinois House of Representatives passed SB3075 under the guise of a narrative to reduce costs. The bill, if signed into law by Gov. Quinn prior to Gov.-Elect Rauner taking office, would slash civil juries from twelve members to six, while increasing pay by more than six-times its current level. Read more.

General Assembly – Veto Session
Veto session ends on a partisan note. The first week of the 2014 Veto Session took place prior to Thanksgiving. In legislative action, members held informational and subject-matter discussions on various issues. Subjects discussed included the State formula for aid to public school districts, creation of a State medical insurance state exchange, and extension for one year of the Medical Practice Act.

In November, Illinoisans sent a strong message to their representatives demanding not only bipartisan cooperation but also a departure from the last 12 years of record job loss and state budget mismanagement. Despite the expectation of cooperation, the Democrat majority thumbed their noses at Illinois residents by unilaterally pushing legislation that will hurt job creators, put further pressures on the state budget and preserve Chicago-style politics.  

We are grateful for the service of our retiring members and wish them well in their future endeavors. Rep. Patti Bellock honored each of them on the House Floor. Here is a brief recap of her speech:

Mike Bost
Mike Bost has served in the Illinois House since 1995.

We are very proud that Mike is leaving us to join the U.S. House of Representatives as the new Congressman for Illinois' 12th District.

Mike was born and raised in Murphysboro, Illinois.  He and his wife, Tracy have been married for 34 years. They have three children and nine grandchildren.

Safety for persons towed by watercraft 
PA 98-0697 (SB2731)
Amends 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.

Boating safety certificates 
PA 98-0698 (SB3433) 
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.

Access to birth certificates of adopted persons PA 98-0704 (HB5949)   
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.

Police bulletproof vest requirement  
PA 98-0743 (HB 5688) 
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.

Eases requirements for disabled veteran parking placards  
PA 98-0879 (SB 3255)
This 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.


Building storm shelters in new schools  
PA 98-0883 (HB 2513) 
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.


Purple heart license plate fee waiver  
PA 98-0902 (HB 4491) 
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.