New 2014 Tax Law Changes

HollandAdmin Articles, Tax Articles , , , , , , , , , ,
A listing of all new laws scheduled to go into
effect on January 1, 2014 follows.

Not all measures approved by the General
Assembly go into effect on the first of the year.
Bills which contain a specific effective date
within the language of the measure and bills
that carry an “immediate” effective date can go
into effect at other times of the year.

However, January 1 is the default date for a new
law to become effective if there is no specific
language specifying when it will become
effective.

Under the Illinois Constitution, the legislature
must set a “uniform effective date” for laws
passed prior to June 1 of a calendar year. That
uniform effective date, which is January 1,
applies if the legislation does not otherwise
specify when the law becomes effective.

 

Agriculture, Animals and Hunting

 

Tethering Dogs (HB 83/PA 98-0101): Provides
standards for dog owners to lawfully tether a
dog outdoors. Exempts walking with a leash,
cultivating agriculture products and
shepherding or herding livestock. Violations
would be a Class B misdemeanor (up to six
months in jail and/or a $1500 fine). Concerns
were raised because the minimum tethering
distance could make it impossible for
homeowners with small yards to comply with
the law.

 

Unlawful Wildlife Possession (SB 1170/PA 98-
0119): Makes it illegal to possess any wildlife or
wildlife parts taken unlawfully in Illinois, any
other state or any other country, whether or
not the animal is indigenous to Illinois. This is
an attempt by conservation police to help other
states and countries with cases involving
wildlife or wildlife parts that have been illegally
taken. Other states and countries are able to
prosecute these offenders, while Illinois is not.

 

Wildlife Disposal (SB 1620/PA 98-0183): Makes
it unlawful for any person having control over
harvested game mammals, game birds, or
migratory game birds that have a bag limit to
waste or destroy usable meat of the game.
Usable meat is defined as the breast meat of
the game bird or migratory game bird and the
hind ham and front shoulders of a game
mammal. Provides it is unlawful to leave, dump
or abandon wildlife carcass on highway—this is
targeting situations where outfitters are killing
deer, removing the head/antlers as a trophy
and then dumping the carcass.

 

Animal Fights (HB 3388/PA 98-
0311): Establishes a training program in animal
fighting awareness for law enforcement
officers. Would help law enforcement officers
to identify animal fighting operations and
respond appropriately. Training would include
non-lethal ways to subdue a dog.

 

Commercial Fishing (HB 1650/PA 98-0336):
Requires commercial fishermen and
individuals assisting commercial fishermen
to obtain a sport fishing license in addition
to a commercial fishing license. Allows
watercraft to be used as a primary
collection device for commercial fish by
licensed commercial fishermen, as long as it
is tagged with a commercial watercraft
device tag and is licensed by the State and
in compliance with Coast Guard boating
regulations. The bill exempts persons taking
Asian Carp by boat for non-commercial
purposes.

 

 

 

Puppy “Lemon Law” (SB 1639/PA 98-
0509): Creates a lemon provision, in which a
customer may receive monetary compensation,
up to the cost of the pet, if a veterinarian finds
that a diseased dog or cat was sold by a pet
shop. Requires pet shops to inform pet owners
and the Illinois Dept. of Agriculture of any
potential diseases if there is a breakout in the
pet shop. Customers can choose which

 


warranty that would apply (pet shop warranty
or lemon law provisions). Opponents raised
concerns that the measure applied only to pet
shops and not other sellers of animals when pet
shops only account for 14% of all dogs and cats
sold in the state.

 

Business, Commerce, Labor and
Licensure

 

Subcontractors (HB 923/PA-0105): Requires
contractors to report payments to any
subcontractors or independent contractors to
the Department of Labor. The legislation was
strongly opposed by small business because it is
drafted to apply only to non-union contractors.
It is viewed as an additional burden on small
businesses, requiring them to disclose
proprietary information on what they pay their
business partners – information that is not
required to be disclosed by other employers.

 

Employee Classification (HB 2649/PA 98-0106):
Seeks to address the practice of misclassifying
employees as independent contractors in the
construction industry. Imposes substantial
penalties, cease and desist orders, and
debarment orders against employers found to
have misclassified employees as independent
contractors. Also imposes individual liability
onto corporate officers and agents that
“knowingly permit such employer to misclassify
its employees.” Exempts groups that are
“responsible bidders” from having to comply
with these new requirements. Opponents have
raised concerns that the measure is largely
targeted at making it more difficult for non-
union contractors to win contracts.

 

Opened Wine Bottles (SB 722/PA 98-0145):
Provides that Illinois wineries may permit a
patron to remove an opened and partially
consumed bottle of wine for off-premise
consumption. The wine must be resealed in a
tamper-proof package.

 

Prevailing Wage Reports (HB 2540/PA 98-
0173): Deletes language requiring copies of
prevailing wage reports to be filed with the
Secretary of State. The Secretary of State has no
responsibility over prevailing wage rates and
the filing simply duplicates information already
filed with the Illinois Department of Labor.

 

Optometrist Definition (SB 1876/PA 98-0185):
Replaces an outdated definition of “therapeutic
optometrist” with “optometrist.”

 

Payday Loan Fines (HB 1323/PA 98-0209):
Amends the Payday Loan Reform Act and
Consumer Installment Loan Act by allowing the
state’s financial regulation agency to establish
standards, procedures, and fines for violations
of the acts. The loan industry is seeking this
legislation because they feel that the lack of
clear rules and standards has led to unequal
treatment among lenders.

 

Professional Licensure Privacy (HB 1338/PA 98-
0211): States that when the Department of
Financial and Professional Regulation (DFPR)
issues a license or a certificate that is required
to be displayed at a place of business, the
license or certificate can not include the
individual’s home address on the face of the
license.

 

Automotive Service Contracts (HB 1460/PA 98-
0222): Expands the definition of service
contracts to include repair/replacement of
tires/wheels, removal of dents, repair of
windshield, key replacement, and use of
protective chemicals or devices.

 

Barber School Licensure (HB 2210/PA 98-
0238): This is designed to bring state statute
into compliance with new US Department of
Education regulations governing federal student
aid programs. It prohibits anyone from
operating a school or college of barbering
unless they are licensed by the Department of
Financial and Professional Regulation. All
schools must be a post-secondary school.

 


Electronic Signatures (SB 1826/PA 98-0289):
This measure allows for the use of an electronic
signature for plans submitted by architects,
engineers and land surveyors when submitting
computer-prepared plans.

 

Restricts Rebuttable Presumption for
EMT/Paramedics (SB 1847/PA 98-
0291): Amends the Workers’ Compensation
Act. Provides that the rebuttable presumption
that certain health conditions arose out of and
in the course of employment that applies to
paramedics and emergency medical technicians
(EMTs) applies only to public employees that
spend their time responding to emergencies.

 

Hispanic Employment (HB 3270/PA 98-
0329): Creates the Hispanic Employment
Advisory Council in the Department of Central
Management Services. Aimed at increasing
Hispanic hiring.

 

Motorcycle Dealers (HB 2508/PA 98-0424):
Prohibits motorcycle manufacturers from
requiring motorcycle dealers to use
manufacturer approved floor fixtures for the
display of any product that is not a product of
the manufacturer; purchase lighting fixtures
that are to be installed in the dealership only
from the manufacturer’s approved vendors; or
relocate to a new or alternate facility.

 

Workplace Violence (HB 2590/PA 98-0430):
Creates the Workplace Violence Prevention Act.
Allows an employer to seek an order of
protection to prevent further violence or
threats of violence to an employee. This would
be used in cases where the employee has been
threatened or attacked at their place of work or
there is a credible threat of violence at the
workplace. This could include cases where
domestic violence spills over to the workplace
and cases where a worker is threatened by a
disgruntled customer or former employee, but
it also would include instances where the
person making the threat has no connection to
either the business or the employee.

 

Funeral Directors (HB 2616/PA 98-0432):
Allows an owner who is not licensed under the
Funeral Directors and Embalmers Licensing
Code to interact with clients while a licensed
funeral director is present.

 

Prevailing Wage Records (HB 3223/PA 98-
0482): Imposes a number of new burdens on
non-union contractors requiring them (but not
union contractors) to track and submit a
significant amount of new information on their
certified payroll for work performed on a public
works project. These added reporting
requirements will discourage competition for
publicly financed projects, which could be more
costly for taxpayers.

 

Commercial Code (SB 2186/PA 98-0498): Brings
the state’s Uniform Commercial Code into
conformance with the federal Electronic Funds
Transfer Act.

 

Facebook Privacy (SB 2306/PA 98-0501): The
bill creates a very narrow exception for
employers in the insurance industry to monitor
a business-related social media website created
by an employee. The legislation was needed to
allow an employer to access an employee’s
social media account when the employer is
required under Illinois insurance laws or federal
law to monitor employee communications.

 

Home Office Cost Statement Submission (SB
2353/PA 98-0505): Requires corporations that
own chains of nursing homes to submit a copy
of the federal Home Office Cost Statement to
the Department of Public Health. Requests for
the statement would be accessible under the
Freedom of Information Act.

 

Wage Claims (SB 1568/PA 98-0527): Increases
penalties for employers that violate the Illinois
Wage Payment and Collection Act. Also expands
the Department of Labor’s jurisdiction over
claims under the Wage Payment and Collection
Act, including claims of $3,000 or less.

 


Labor Relations Board (SB 1830/PA 98-0535):
Clarifies that the Board has the authority, but
not the obligation, to set the pay rates of
arbitrators and to establish suspension and
dismissal procedures. A recent audit by the
Auditor General found that the Board was
required to set fees for the mediation panel.
However, since the Board was created in 1984 it
has never set the fees of the arbitrators.
Instead, the arbitrators have always set their
own fees. This would give the Board the ability
to continue the current practice without
violating the law.

 

Mine Electrician Licensure (SB 2255/PA 98-
0543): Creates certificates of competency for
mine electricians. Applicants for a certificate
must have at least one year of experience of
electrical work in a coal mine or related
industry, and pass an exam. Defines a “qualified
mine electrician” as an individual who has
completed the required classroom instruction
from an approved college or university and can
produce evidence of at least one year of
experience in performing electrical work in a
coal mine or related industry. The underlying
bill was a shell.

 

Auctioneer/Real Estate Licensure (SB 92/PA
98-0553): Allows an auctioneer without a real
estate license to perform certain activities
regarding a real estate auction, as long as the
auctioneer holds an auction license and obtains
a Real Estate Auction Certification. The bill
allows auctioneers without a real estate license
to participate in real estate auctions by
partnering with someone who has a real estate
license.

 

Children and Families

 

Redeploy Illinois (HB 2401/PA 98-0060): Allows
Cook County to participate in the “Redeploy
Illinois” program, and have access to “Redeploy
Illinois” funds. Twenty-eight counties currently
participate in the program, which provides
financial incentives to keep youth in the local
community rather than commit them to the
Department of Juvenile Justice.

 

Foster Parents (HB 2659/PA 98-0249): Allows
foster parents and relatives who are caregivers
to challenge the Department of Children and
Family Services’ (DCFS) placement of a child or
children. Defines a foster parent to include a
relative selected by DCFS to provide care for a
minor. Also allows relatives who have been
foster parents for a child to have input in a
return home decision.

 

Child Support (HB 2473/PA 98-0417): Clarifies
that persons who repeatedly fail to obey court-
ordered child support can be jailed for
contempt of court. In 2012, P.A. 97-0848 (HB
5434) enacted protections in response to
people being jailed as a part of collection
efforts. Proponents cast it as preventing people
from being incarcerated for unpaid debts, but
neglected to recognize that body attachments
are issued for contempt of court, not for failing
to pay debts. HB 2473 fixes one of the
unintended consequences of P.A. 97-0848 (HB
5434).

 

Adoptions (HB 2809/PA 98-0455): Simplifies
legal language related to foreign and interstate
adoptions by Illinois residents, by ensuring that
Illinois’ policies mesh with federal guidelines,
and by providing changes to the adoption
appeal process.

 

Divorce (HB 2992/PA 98-0462): Authorizes a
right of first refusal to care for a minor child (or
children) when the parent who has “parenting
time” (i.e. time with the children) will use
substitute childcare for the child (or
children). Such an agreement could be reached
via arbitration, collaborative law or a judicial
decree. For example, if a divorced parent would
need to send a child to day care or a babysitter,
the other parent would have a right to instead
take care of the child during that time.

 


Credit Report (HB 3380/PA 98-0486): Allows
the guardian of a minor child or a person with
disabilities to request a security freeze on the
credit report of the minor child or person with
disabilities. A court order would be required for
the security freeze if the minor is 18 or older.

 

Abused and Neglected Children (SB 1207/PA
98-0487): Amends the Abused and Neglected
Child Act, changing the term “subject of a
report” to “perpetrator” in several areas. Also
clarifies the time period granted to the subject
or perpetrator to request that a report be
removed or a hearing held if the state does not
take action.

 

Child Protection (SB 1686/PA 98-0532):
Modifies the definition of “unfit person” to
allow the use of any nine-month period to show
that a parent is not making reasonable progress
to correct problems that are needed before the
child is returned to the home. This will give
flexibility in the period of time that the parent’s
behavior is being monitored so that the
Department of Children and Family Services and
prosecutors won’t have to wait for a second
nine-month period to pass before seeking to
have the parent declared unfit and proceeding
to adoption.

 

Guardians (SB 1565/PA 98-0568): Allows for
the termination of a short-term guardianship of
a minor at the conclusion of specified judicial
proceedings. The termination of such
guardianships must be in the best interest of
the minor child. All parties, including the short-
term guardian, must be notified if the court
vacates a short-term guardianship.

 

Consumers

 

Condominium Agreements (SB 1606/PA 98-
0282): Provides that once a developer turns
over ownership to a condominium association,
the condominium agreements can only be
amended by a vote of two-thirds of
condominium owners, unless a higher
percentage is in the condominium agreement.
However, the higher number could not exceed
three-fourths of all owners.

 

Housing Cooperatives (HB 2527/PA 98-0302):
Requires an open meeting and a vote of
members prior to the dissolution of a
residential housing cooperative.

 

No Indoor Tanning for Minors (HB 188/PA 98-
0349): Prohibits a tanning facility from
permitting any person younger than 18 to use
tanning equipment that emits ultraviolet (UV)
radiations. Provides for exemptions, such as
devices used to apply chemicals to the skin to
achieve a bronze color, known as a spray-on,
mist-on, or sunless tan.

 

Community Manager Licensure (HB 595/PA 98-
0365): Creates licensure for a “supervising
community association manager.” Community
associations are generally condominium,
townhouse and homeowner associations.

 

Cell Phone Ban (HB 1247/PA 98-0506): Bans
the use of cell phones while driving. Exempts
hands-free devices. A first offense will be
considered a non-moving violation. A second or
subsequent offense will be a moving violation
recorded on one’s driving record, and it will be
a primary stop offense. Tickets will range from
$75 for a first offense to $150 for a fourth or
subsequent offense.

 

Landowner Liability (SB 1042/PA 98-0522):
Codifies and improves the statutes as a result of
a decision from the Illinois Supreme Court in
Hall v. Henn, which affected landowner liability
for people on their land.

 

Prior to the Hall Case, state law was adopted
that was meant to encourage property owners
to make land and water areas available to the
public for recreational or conservation purposes
by limiting their liability toward persons
entering thereon for such purposes. In the Hall
case, Tim and Sue Henn built and maintained a
sled run on their property. The Friel family

 


asked if they and the Hall family could use the
sled run. During the use of the run, Ellen Hall
was knocked unconscious, fractured her arm,
and tore a ligament in her knee on some icy
steps leading to the top of the run. When Ellen
Hall sued, the lower circuit court ruled in favor
of the landowners.

 

However, on appeal to the Supreme Court, Hall
argued to the Court that the legal protections to
landowners should be limited to circumstance
in which the land is held out to the entire public
at large for all recreational purpose. According
to the plaintiff, the Act should not immunize a
landowner if a specific person requested
permission prior to the use of the land for a
recreational purpose. With a tortured
construction of the word “public” and
expressing concern over the broad scope of the
Act, the Supreme Court ruled that the Act
would be limited in a manner argued by the
plaintiff.

 

The bill extends liability coverage to landowners
who open their property to the public, and
expands the number of covered activities the
public may engage in while on the landowner’s
property. This coverage does not extend to
landowners who open their property to only
invited guests.

 

Meth Lab Mobile Homes (SB 2101/PA 98-
0540): Requires that owners and operators of
mobile home parks must tell a potential buyer if
a unit was used as a methamphetamine lab.
Applies only in cases where police or other law
enforcement officials have informed the mobile
home park operator that the home was used as
a meth lab. Also requires the potential buyer to
notify the mobile home park operator that he
or she intends to purchase the home.

 

Reloadable Fund Cards (SB 1829/PA 98-0545):
Requires the issuer of a reloadable funds card
(such as a reloadable pre-paid debit card) to
disclose fees to the consumer in written or
electronic form upon issuance. Prior to
purchase of card, fee disclosures may be
verbally explained to the consumer. Specifies
disclosure requirements, disclosure formatting,
required disclosures to be on the card, and
federal Electronic Fund Transfer Act compliance
provisions.

 

Crime, Courts, Corrections and Law
Enforcement

 

Flash Mobs (SB 1005/PA 98-0014): Provides
that using electronic communications to solicit
or commit the offense of mob action may be
used by the court to impose an extended term
sentence upon conviction. Addresses the
growing problem of social media and electronic
communication being used to gather a “flash
mob” to commit batteries, robberies and thefts.

 

Juvenile Court (HB 2404/PA 98-0061): Would
require 17-year-olds charged with most felonies
to be charged in juvenile court rather than adult
court. Would not apply to a number of violent
felonies including first degree murder,
aggravated criminal sexual assault, aggravated
battery with a firearm; armed robbery
committed with a firearm; aggravated vehicular
hijacking with a firearm or the sale or
possession of certain weapons on school
property. Any felony would still be eligible to be
sent to adult court following a hearing in
juvenile court.

 

Juvenile Supervision (HB 3172/PA 98-0062):
Amends the continuance under supervision
section of the Juvenile Court Act to track the
procedure followed in adult criminal court. This
allows a judge to place a minor on supervision
after adjudication, while protecting the State’s
Attorney’s right to object to supervision before
going to trial.

 

Unlawful Clouding of Title (HB 2905/PA 98-
0098): Increases the penalty for unlawful
clouding of title from a Class A misdemeanor to
a Class 4 felony. Unlawful clouding of title is an
apparent claim or encumbrance, such as a lien,

 


that, if true, impairs the right of the owner to
transfer his or her property free and clear of the
interests of any other party. The Class 4 felony
penalty increase would apply for a second or
subsequent offense or if the cloud on the title
has a value that exceeds $10,000.

 

Drunken Boating (SB 1479/PA 98-
0103): Applies implied-consent laws to boating
by providing that any person who operates a
motorboat and who has been involved in a fatal
accident or accident with serious injuries is
assumed to have given consent for a blood
alcohol test.

 

Vacating Convictions (HB 821/PA 98-0133):
Clarifies and streamlines the procedure for a
petitioner who has been granted a certificate of
innocence after having been found actually
innocent. The bill allows the court making the
finding of actual innocence to issue a certificate,
rather than requiring another court
appearance.

 

Sealing of Felony Offenses (HB 3061/PA 98-
0142): Significantly expands the classes and
types of felony offenses that can be sealed
under current law. This will prevent employers
from being able to access the criminal history of
those with serious offenses in their background.
Among the offenses that could be sealed would
be Class 3 and Class 4 felony conviction records
for theft, retail theft, deceptive practices, and
forgery.

 

Passport Confiscation Crimes (SB 39/PA 98-
0143): Provides that a judge shall (1) order the
confiscation of a person’s passport or (2)
impose travel restrictions for any defendant
arrested for first degree murder or other
“violent crime”, if the judge determines that
this will reasonably assure the appearance of
the defendant. Though the bill as introduced
applied to only non-U.S. citizens, as amended
the bill allows a judge to confiscate the passport
of both citizens and non-citizens. This bill is
similar to legislation introduced last year in
reaction to a series of articles in the Chicago
Tribune citing nearly a dozen instances in which
suspects charged with murders, rapes and other
violent crimes have fled American jurisdiction to
avoid prosecution.

 

Child Abduction Evidence (SB 1814/PA 98-
0160): Allows evidence of prior offenses of child
abduction that involve the luring of a child to be
introduced in a trial to prove a propensity of the
defendant.

 

House Arrest (SB 1854/PA 98-0161): Allows
a person who is sentenced to jail on a
misdemeanor or probationable felony to be
considered committed to the custody of the
Sheriff and may serve their sentence at
home, i.e. “house arrest,” through an
electronic home detention program under
the terms and conditions of the Sheriff.

 

 

 

Second Chance Prohibition (HB 3010/PA 98-
0164): Creates a “Second Chance Probation”
program that allows for many felony offenses to
be removed from the offender’s record as soon
as five years after the convict successfully
completes the terms of probation. The
probation is only available if both the defendant
and the State’s Attorney consent. It is not
available on violent offenses.

 

Patricia’s Law (HB 1010/PA 98-0169): Creates
“Patricia’s Law,” prohibiting a trial judge from
giving court supervision for offenses arising
under the Illinois Vehicle Code or similar local
ordinance if the violation was the proximate
cause of the death of another person. This
legislation is in direct response to the Patricia
McNamara tragedy where she was killed by a
distracted driver, who rammed into her car
after running through a stop sign. The driver,
was fined and sentenced to court supervision,
which means no conviction will appear on his
record. The prohibition against court
supervision in a fatal traffic accident only
applies when the defendant’s driving abstract

 


contains a prior conviction or supervision for a
moving violation or a suspension, revocation, or
cancellation of his or her license.

 

Anatomical Gifts (HB 2339/PA 98-0172): Brings
Illinois into compliance with federal law and
would refine various definitions within the Act.

 

Sex Offense Statute of Limitations (HB
1063/PA 98-0379): Allows for an unlimited
statute of limitations in felony sex offenses
where the victim is under 18, but only in cases
where there is corroborating physical evidence
is available or an individual who is required to
report an alleged or suspected commission of
any of these offenses under the Abused and
Neglected Child Reporting Act fails to do so.

 

Domestic Battery Penalties (HB 958/PA 98-
0187): Increases the penalty for domestic
battery to a Class 3 felony if the defendant
has three prior convictions under the Code
for domestic battery and to a Class 2 felony
if the defendant had four or more prior
convictions under the Code for domestic
battery. This is an initiative to increase the
penalty for individuals repeatedly convicted
of domestic battery charges and prevent
judges from imposing lighter sentences,
such as probation or conditional discharge,
in recurring cases of domestic violence.

 

Crimes Against Police (HB 2893/PA 98-
0263): Creates an alert system called the
“Crimes Against Police Officers Advisory,”
administered by the State Police, to send out
alerts when an offender is at large who is
suspected of committing or attempting to
commit crimes against a police officer. It would
be similar to other emergency alert systems,
such as child abduction alerts.

 

Residential Arson (HB 3011/PA 98-
0265): Allows for the offense of residential
arson to be commenced at any time, rather
than within 3 years after the commission of the
offense as stipulated in current law.

 

Sex Offender Prohibitions (HB 3023/PA 98-
0266): Prohibits a child sex offender from being
present in a playground or recreation area
within any publicly accessible privately owned
building when children are present unless the
offender is a parent or guardian of a child there.
This would include places such as the play area
at McDonald’s.

 

E-notification of Felony Release (HB 3029/PA
98-0267): Allows for the electronic notification
of any release of any person who has been
convicted of a felony to the appropriate State’s
Attorney, sheriff, law enforcement agency, or
public housing agency if they have provided the
Department of Corrections with an accurate e-
mail address.

 

Eavesdropping (HB 3038/PA 98-0268): Aligns
civil remedies for eavesdropping with the
criminal violation by including “electronic
communications.” The bill is intended to shield
certain legitimate conduct (the exercising of
parental rights and the gathering of news by
journalists) from subjecting the person to civil
liability for eavesdropping.

 

Statute of Limitations for Civil Child Sex Abuse
Cases (SB 1399/PA 98-0276): Provides that a
civil case based on childhood sexual abuse may
be commenced at any time.

 

DUI Blood Test Reimbursement (SB
1849/PA 98-0292): Allows reimbursement
up to $500 for costs associated with a blood
test when a person refuses to submit to a
breath test when a defendant is found
guilty or pleads guilty to a DUI. The goal is
to defray the costs of employing a medical
professional to perform the test. Also
requires a police officer to request a blood
draw if he or she suspects that a motor
vehicle driven by or in actual physical
control of a person under the influence of

 


alcohol or drugs has caused the death or
personal injury to another.

 

Unauthorized Video Recording (SB 1851/PA
98-0293): Provides that prosecution for the
offense of unauthorized video recording may be
commenced within one year after the discovery
of the offense by the victim of that
offense. This is to allow for the prosecution of
offenders in cases where the victim discovers
the offense after the general limitations period
has run. In many cases the victim may not
become aware of the offensive videotaping at
the time of the offense or even during the
general limitations period. These illegal videos
and photographs can turn up years later to
haunt victims.

 

Damaging a Grave (SB 2231/PA 98-0315):
Enhances penalties for criminal damage (and
defacement) to property if the property
damages or defacement is made to graves,
gravestones, or markers that memorialize or
honor a person or group, including police
officers, fire fighters, veterans, or historic
figures.

 

Contractor Violations (HB 922/PA 98-0328):
Allows the Department of Labor to bring an
action against a contractor up to five (currently
two) years after a violation of the Prevailing
Wage Act is alleged to have occurred. Requires
contractors and subcontractors who participate
in public works projects to keep records for five
(currently three) years from the date of the last
payment. Requires a public body to keep
records for five (currently three) years.
Authorizes contractors to retain records in
electronic (currently paper) format.

 

Nicotine Sales to Youth (SB 1756/PA 98-0350):
Prohibits the sale of alternative nicotine
products to persons under age 18, such as
electronic cigarettes that contain nicotine.

 

Cash Register Crime (HB 49/PA 98-0352):
Provides that any person who knowingly sells,
purchases, installs, transfers, possesses, uses, or
accesses any device or software meant to falsify
electronic cash register records is guilty of a
Class 3 felony.

 

Tasers (HB 131/PA 98-0358): Requires police
training in the use of tasers. Also would require
random inspections of police departments
concerning their use of tasers, with a
subsequent report to be given to the Governor
and General Assembly, along with any
legislative recommendations.

 

Child Pornography Fines (HB 181/PA 98-0359):
Allows the State Police to receive all or part of
the fine collected for child pornography charges
if the agency investigated or assisted in the
investigation of the crime.

 

Nurse Protections (HB 801/PA 98-0369):
Provides that the battery of a nurse while in
the performance of his or her duties is
enhanced to an aggravated battery (Class 3
felony). Under current law, battery of a
nurse would not be an aggravated battery
and would therefore be a Class A
misdemeanor.

 

Sexual Assault (HB 804/PA 98-0370): Expands
the definition of “sexual penetration” to include
acts where a perpetrator forces the victim to
use his or her hands on his genitalia for sexual
gratification or the perpetrator uses his or her
hands on a male victim’s genitalia. In addition,
creates the offense of failure to report sexual
abuse of a child. Also includes an act in the
“predatory criminal sexual assault of a child”
statute to includes contact, however slight
between the sex organ or anus of one person
and the part of the body of another if the
accused is 17 years or older and the victim is
under 13 years of age. This legislation was
introduced in response to the Penn State
football sex abuse scandal where the assistant
coach sexually abused minors on the university
campus for years, despite the fact employees

 


were said to have witnessed the abuse and
didn’t report the actions. The bill also provides
specifications about other illegal sexual acts
that were not initially included in the definition
of sexual penetration.

 

Victim Statements (HB 827/PA 98-
0372): Requires States Attorneys to inform
crime victims or their families of the right to
make a victim impact statement at a sentencing
hearing. Designed to assure that all family
members know they have a right to make a
statement.

 

Court Fee (HB 830/PA 98-0373): Adds service,
process and court costs to those cost that can
be included in an additional fee of 30% that can
be charged on top of the 30% fee that can
already be charged against an offender for
unpaid fines, fees, costs, restitution, judgments,
etc. No more than 1/3 of the 30% additional fee
charged to the offender (10%) can be paid to a
collection agency.

 

Electronic Tracking Prohibition (HB 1199/PA
98-0381): Provides that a person or entity may
not use an electronic tracking device to
determine the location or movement of a
person. The idea is to prevent stalkers, spouses
and other individuals from putting a tracking
device on another individual’s car without their
consent.

 

Recording Crime Enhanced Penalties (HB
1309/PA 98-0385): Enhances a misdemeanor
battery to a felony aggravated battery when it is
recorded with the intent to disseminate the
recording. Allows for an extended term
sentence when a defendant commits any felony
and knowingly records it with the intent to
disseminate the recording. This legislation was
introduced in response to a situation in which a
62-year-old woman was beaten to death by a
group of individuals who allegedly attacked the
victim for the purpose of making a video of the
attack, which they immediately posted online.

 

Sex Crime Victims (HB 2471/PA 98-
0416): Allows the victim of a sex crime to be
identified by initials or description in court
documents to protect the victim’s identity.

 

Child Pornography (HB 2647/PA 98-0437):
Provides that the possession of each individual
film, videotape, photograph, or other similar
visual reproduction or depiction by computer in
violation of the child pornography statute
constitutes a single and separate violation. Also
provides a narrow carve-out in the mandatory
consecutive sentencing provisions for
possession of child pornography where the
child depicted is over the age of 13 to avoid the
problem of disproportionate sentencing due to
mandatory consecutive sentencing.

 

Sexual Assault (HB 3128/PA 98-0476): Modifies
the provisions prohibiting men who father a
child through sexual assault or sexual abuse in
order to: deny visitation or custody if found to
have committed an act of non-consensual sex in
fathering the child (currently must have a
conviction of a sex offense in fathering the
child); allow the mother or guardian of the child
to decline support and maintenance obligations
from the father; deny the father inheritance
rights from the child without mother’s consent;
deny visitation to the father’s immediate family;
and allow the mother to use the non-
consensual sexual conduct to deny custody or
visitation.

 

Cell Phone Penalties (HB 2585/PA 98-
0507): Increases the penalties in accident cases
where the individual is texting, using a cell
phone or watching a video device, and that
action is determined to have been a cause of a
crash that results in an injury or death.

 

Criminal Interrogations (SB 1006/PA 98-0547):
Requires interrogations of the following
criminal charges to be video- recorded (for both
minors and adults):

 

. predatory criminal sexual assault of a
child;

. aggravated arson;
. aggravated kidnapping;
. aggravated vehicular hijacking;
. home invasion;
. aggravated battery;
. aggravated criminal sexual assault; and
. armed robbery.
 

 

Any statement of the accused taken during an
interrogation that has not been recorded is
inadmissible at trial. Current law does not allow
police to record any interrogation other than
for charges of homicide or driving under the
influence that resulted in death of another
person.

 

Civil Suit Settlements (SB 1912/PA 98-0548):
Creates penalties and deadlines for failure to
promptly pay an agreed-upon settlement in civil
suits. The payment must be made within 30
days or the court may issue a judgment that
would include any additional costs incurred in
obtaining the judgment, and interest at the
statutory rate. Opponents raised concerns
about why this measure is needed, since it only
applies to cases that have been settled and
presumably, that settlement would already
include an agreement on the payment of
damages. Concerns were also raised that the
measure, while being portrayed as optional, is
in fact mandatory because it places the
penalties and deadlines into state law. Most
employer groups were opposed to the measure
and raised concerns that it further damages
Illinois fragile business climate.

 

Criminal Record Removal Fee (SB 115/PA 98-
0555): Amends the Consumer Fraud and
Deceptive Business Practices Act to provide that
it is an unlawful practice for any person
engaged in publishing or otherwise
disseminating criminal record information
through a print or electronic medium, to solicit
or accept the payment of a fee or other
consideration to remove, correct, or modify
said criminal record information.

 

Civil Code (SB 1044/PA 98-0557): Amends
several technical portions of the Civil Code of
Procedures dealing with collections,
garnishments and revival of judgments.

 

Pilot Program for Youth Offenders (SB 1192/PA
98-0558): Makes permanent and statewide the
Aftercare Pilot Program for Youth Offenders.
The program is intended to make sure the
Department of Juvenile Justice can continue to
provide case managed supervision, post-
treatment and services to paroled
youth. Depending on their offense, the parolee
would be placed in any of several programs,
including substance abuse treatment, family
counseling, and alternative placements. The
Pilot Program has been operating only in Cook,
DuPage, Lake, Will and Kane counties. This bill
would expand the program to all 102 Illinois
counties.

 

Drone Restrictions (SB 1587/PA 98-0569):
Prohibits law enforcement from using drones to
gather evidence or information, except when
authorized by a search warrant or in specifically
enumerated emergency situations. Requires
evidence be destroyed after 30 days unless part
of an ongoing crime. Requires annual reporting.

 

County Inmate Transfers (SB 1843/PA 98-
0575): Seeks to ensure that the correct county
is reimbursed for the fees associated with the
transfer of a juvenile offender by defining
“transfer case” in the Probation and Probation
Officers Act. Clarifies that jurisdiction over an
offender may be transferred between circuit
courts in Illinois; the probation department
within the transfer jurisdiction may impose
probation fees upon receiving the offender; and
after the transfer has occurred, all probation
fees must be paid to the probation department
in the jurisdiction that has received the transfer
(not the original jurisdiction).

 

Arrests Outside of Jurisdiction (SB 1852/PA
98-0576): Allows peace officers to conduct
temporary questioning or make an arrest

 


outside of their jurisdictions, if the officer is
engaged in the investigation of criminal
activity that occurred in the officer’s
primary jurisdiction and the temporary
questioning or arrest relates to, arises from,
or is conducted as part of that investigation.
This was an initiative of the DuPage County
State’s Attorney in response to a court
decision that ruled that, unless officers see
offenders commit an offense in their
jurisdictions, they can’t rely on the
information they receives from officers in
another jurisdiction to make the arrest.
Previously, the law had been that when
police officers are working together,
knowledge of each is knowledge of all for
determining whether an arresting officer
had probable cause to arrest a defendant.

 

Courtroom Skyping (SB 1968/PA 98-0579):
Permits foundational testimony business
records to be introduced as evidence in open
court through contemporaneous audio and
video transmission, such as Skype, from out of
state.

 

Education

 

Gangs in Schools (HB 2768/PA 98-0059): Adds
illegal use or possession of weapons and illegal
gang activity to the list of criminal actions that
require a principal to call on law enforcement
agencies when the safety and welfare of
students and teachers are threatened. This is
already required in Chicago, but current law
only states that it is the responsibility of the
principal to use proper law enforcement
agencies when the safety and welfare of
students and teachers are threatened by illegal
use of drugs and alcohol in school districts
outside Chicago. HB 2768 also specifically
includes illegal gang activity as a criminal
offense for which courts and law enforcement
agencies must report to the principal of a public
school whenever a student has been detained.

 

Student Online Privacy (HB 64/PA 98-
0129): States that a post-secondary school
cannot request or require a student (or his
parent/guardian) to provide any account
information, including passwords, in order
to gain access to social networking sites.
However, this does not apply when a post-
secondary school has cause to believe that
a student’s account on a social networking
website contains evidence that the student
has violated school disciplinary rule or
policy. Also requires elementary and
secondary schools to provide notification to
students and their parents that they have
the ability to request or require account
information, including passwords, in order
to gain access to social networking sites, if
the school has reasonable cause to believe
that the student’s account contains
evidence that the student violated
disciplinary rules or policy. The notification
must be published in the disciplinary rules,
policies or handbook.

 

Zion School District (HB 160/PA 98-0131):
Introduced to benefit Zion Elementary School
District #6, this measure would give school
districts more flexibility to access a dedicated
Tort Immunity Fund and use the funds for
educational purposes only. Applies only under
certain conditions, requires a public hearing and
expires in 2016.

 

Community Colleges (HB 3067/PA 98-0269):
Adds an exemption to the lowest responsible
bidder requirement for community colleges for
contracts for the purchase of perishable foods
and perishable beverages. This will bring the
community colleges in line with public
universities and K-12.

 

Bring Parents to School Day (HB 129/PA 98-
0304): Creates a “Bring Your Parents to School
Day” on the first Monday in October of each
year. Allows a school board to permit the

 


parents or guardians of students to attend class
with their children and meet with teachers and
administrators during the school day.

 

Teacher Basic Skills (HB 490/PA 98-0361):
Requires applicants seeking a Professional
Educator License to pass a test of basic skills
before the license is issued. Also requires that
all applicants completing Illinois teacher
education programs must pass the basic skills
test prior to starting their student teaching or
starting the final semester of their internship,
unless it is required earlier by the institution.

 

Sex Education (HB 2675/ PA 98-0441) This bill
requires that all school districts that provide sex
education courses must use an approved
curriculum chosen by the State Board of
Education. School districts have the option to
not offer sex education, but if they do, it must
be “comprehensive” and approved by the state.
Opponents raised concerns that the decision as
to what is an appropriate curriculum would be
taken away from local school boards and given
to the state. Concerns were also raised that this
would actually discourage some school districts
from providing sex education because the state-
mandated curriculum may not be considered
appropriate by the local school district.

 

Training to Identify Mental Illness (HB 3070/
PA 98-0471): Requires that school guidance
counselors, teachers, school social workers, and
other school personnel who work with pupils in
grades 7 through 12 be trained to identify the
warning signs of mental illness and suicidal
behavior (instead of just suicidal behavior).

 

Bacterial Meningitis Immunization (HB 3190/
PA 98-0480)): Requires DPH to adopt a rule
requiring students to receive a bacterial
meningitis immunization upon entrance of 6th
and 12th grade.

 

School Board Evaluations/Dismissals (SB 1762/
PA 98-0513): Amends the School Code and
Illinois Educational Labor Relations Act
consistent with the language, intent and
implementation of SB 7 by clarifying 1) the
collective bargaining public posting process
under which each party’s latest proposal is
posted for public view, 2) attainment of
contractual continued service for a teacher in a
new school district, 3) date when school district
waivers from statutory evaluation ratings
terminate and 4) establishment of list of
teachers, placement of part-time teachers and
required annual meeting of district committee
regarding honorable dismissals through
reduction in force. Also makes several
grammatical changes.

 

Election Issues

 

17 Year-Olds Vote in Primary (HB 226/ PA 98-
0051): Allows a 17 year-old who will be 18
years old by the general election to vote in the
preceding primary election.

 

Energy/Utilities

 

Water Rate Hikes (HB 576/PA 98-0191): Spells
out notice requirements for water and sewer
utilities with greater than 15,000 total
customers when a rate hike occurs.

 

Electric Aggregation (HB 1745/PA-0404):
Makes it clear that County electric aggregation
only applies to unincorporated areas and does
not apply to city areas that have already
adopted aggregation via referendum. This was
the intent of the original law in 2009 (HB
722/PA 96-176).

 

Utility Market Settlement Services (SB 105/ PA
98-0554): Creates new Market Settlement
Services for electric utilities with rules and
regulations that allow an electric utility to
provide unbundled power to large retail
customers (400 KW or over) that are not served
by that electric utility. An electric utility (ComEd
or Ameren) providing a Market Settlement
Service shall be permitted to recover its
reasonable and prudent initial implementation
and start-up costs from these customers. The
measure includes a settlement agreement

 


between RESA (Retail Energy Suppliers
Association) and ComEd from a ComEd rate
case in which ComEd agreed to reform its
cancel/re-bill procedure. ComEd believes it
needs statutory authority to effectuate these
changes.

 

Exelon Decision Cleanup (SB 2243/PA 98-
0583): This would return the treatment of
electricity, water, and gas and their producers
to the pre-Exelon decision status quo and not
subject electricity, water, and gas to the
imposition of sales tax.

 

Environment

 

Composting Pilot Permits (SB 850/PA 98-0146):
Allows the Illinois Environmental Protection
Agency to issue an 18 month pilot permit to two
waste transfer stations in Elgin and Stickney to
allow them to accept landscape materials and
food scrap for composting.

 

EPA Permits (HB 2036/PA 98-0237): Requires
the Illinois Environmental Protection Act (IEPA),
by January 1, 2014, to maintain permit-related
information on its website, including a yearly
report detailing the number of permits received
and issued by IEPA, and the average number of
days for permit issuance.

 

Asphalt Shingle Recycling (SB 1925/PA 98-
0296): Allows the Illinois Environmental
Protection Agency to revoke Beneficial Use
Determination permits for unlawful asphalt
shingle recycling practices. Beneficial Use
Determinations are permits authorized by the
IEPA that allow waste materials to be recycled
or otherwise used in a way that is beneficial to
health and the environment.

 

Littering Fine (HB 3081/PA-0472): Amends the
Litter Control Act to add a minimum fine of $50
for littering.

 

Cigarettes = Litter (HB 3243/PA 98-0483):
Includes cigarettes in the definition of “litter,”
so people could be fined for inappropriately
disposing of their cigarette butts.

 

Disposal of Asphalt Roofing Shingles (SB
2226/PA 98-0542): States landfills cannot
accept for disposal load of whole or processed
asphalt roofing shingles (unless commingled
with other construction material) if they are
located within a 25 mile radius of an asphalt
shingle recycling center. Additionally, requires
the recycling centers to submit reports on the
amounts of shingles received in a calendar year
to the EPA. Landfills are neutral on the
amendment.

 

Ethics and Transparency

 

Community Associations (HB 1773/PA 98-
0232): This was requested by the Illinois Lake
Community Association to clarify that a
Common Interest Community Association
cannot enter into a contract with a current
board member or with a corporation for which
a board member or member’s family controls
25% of the corporation’s interests.

 

Lobbyist Disclosure (HB 2943/PA 98-0459):
Requires that lobbyists that have another
lobbyist as a client must disclose the name and
address of the ultimate beneficiary of their
lobbying efforts. Also provides that expenditure
reports must include the ultimate beneficiary of
the expenditures made if one lobbyist has
another lobbyist as a client. In recent years it
has become increasingly common for lobbyists
working on major issues to contract with other
lobbyists to assist them. This can create a
confusing and difficult to decipher chain, where
a lobbyist “A” lists that he or she is lobbying on
behalf of lobbyist “B,” who in turn is registered
as lobbying on behalf of lobbyist “C.” Without
following that chain, it can be difficult to
determine what clients of lobbyist “C” are
actually also the clients of lobbyist “A.”

 

Ethics and State Grants (SB 2380/PA 98-0588)
Grant recipients cannot use any funds for

 


prohibited political activity. This grew out of a
Cable News Network investigation into the
Neighborhood Recovery Initiative, which found,
among other things, that grant funds handed
out prior to the 2010 election were used to pay
teens to walk in a parade, clearly a political
activity, with Governor Quinn shortly before the
2010 election.

 

Gaming

 

Electric Charity Raffle Games (HB 1140/PA 98-
0111): This legislation attempts to clarify that
electronic charity raffle games are not
considered a video game under the Video
Gaming Act. In some towns, players pay
bartenders to add credit onto the game
machines and then cash out the winnings—
designated charities receive a percentage of the
money. Currently these machines are legal
under the Illinois Raffles Act.

 

Expansion of Charitable Games (HB 996/PA –
0377): Expands the Charitable Game Act to:

 

. Increase the number of games which an
operator can manage from four to 12;
. Expands the maximum number of
events that may be held in any one
location to one per month (currently
eight per year);
. Increases the maximum bet from $10 to
$20 on a house banked game;
. Increases the size of potential cash
winnings by a single participant from
$250 to $400;
. Clarifies that an unlimited amount of
noncash prizes may be awarded to a
single winner;
. Allows a municipality to provide 48
(rather than 16) charitable games nights
a year on its premises;
. Increases the tax paid to 5% of net
proceeds of the charitable games
(currently 3% of the gross proceeds);
. Gives the Gaming Board the discretion
to contract with more than one
independent outside testing laboratory
to do the examination of gaming
machines and associated equipment.
 

 

Defibrillators at Race Tracks (HB 2506/PA 98-
0423): Requires that horse race tracks have at
least two automated external defibrillators
(AEDs) that are in operation and accessible
when backstretch workers are present at their
racing facilities. One AED must be placed in the
paddock of their racing facility and one AED
must be placed on the backstretch of the racing
facilities.

 

Health and Human Services

 

DPH Disclosure Requirement Change (SB
1321/PA-0087): Establishes that the Illinois
Department of Public Health (DPH) is no longer
required to disclose information on the stages
of presentation and the diagnostic and
treatment status information from the Prostate
and Testicular Cancer Program in the
Department’s Annual Report.

 

Illinois Diabetes Commission Reports (HB
2199/PA 98-0097): Requires the State Diabetes
Commission to submit a report to the General
Assembly every other year. Would require the
Department of Healthcare and Family Services
(HFS) to cooperate with DPH to implement
recommendations from the committee report.

 

Medical Marijuana (HB 1/PA 98-0122):
Establishes the “Compassionate Use of Medical
Cannabis Pilot Program Act.” The Act
authorizes a registered qualifying patient who
has been issued a registry identification card by
the Department of Public Health to possess up
to 2.5 ounces of cannabis during a 14 day
period. A patient may not possess more than
2.5 ounces at any one time.

 

Opponents pointed out that no local, state or
federal law enforcement supported the
measure; that the legislation conflicts with
federal law; and that marijuana’s role as a
gateway drug is well documented.

 


The bill establishes distributing criteria for
cultivation centers and requires them to be
registered by the Department of Agriculture.
The Department of Agriculture may approve up
to 22 licensed marijuana growers, but no more
than one per State Police District. Stipulates
that cultivation centers may only provide
medical cannabis to dispensing organizations
whose purpose is to dispense cannabis and
paraphernalia to qualified patients.

 

Dispensing organizations are to be registered by
the Department of Financial and Professional
Regulation (IDFPR). IDFPR may approve up to
60 dispensaries. Specifies certain qualifying
diseases and illnesses, but does not include a
general eligibility for chronic pain or nausea.
Provides framework for employer regulation
and discipline for use of cannabis in the
workplace, and outlines that a patient may not
drive while under the influence of medical
cannabis. Creates a new provision allowing for
field sobriety tests to be administered and
admissible in court.

 

Prisoners and Medicaid (HB 1046/PA 98-0139):
Authorizes prisoners to apply for medical
assistance at any time prior to their scheduled
release (rather than 30 days). One reason for
this is to assure that when prisoners are
released and become eligible to receive
Medicaid, the state qualifies for the maximum
available federal match.

 

Dental Assistant Anesthetic Administration (SB
1217/PA 98-0147): Allows dental assistants to
monitor nitrous oxide and general anesthetic. A
dentist may supervise a maximum of four
dental assistants at a time for the monitoring of
nitrous oxide.

 

Advanced Practice Nursing (HB 1052/PA 98-
0192): Provides an advanced practice nurse
shall not be prohibited from providing primary
health care or treatment within the scope of his
or her training and experience. This language
provides more flexibility and access to advanced
practice nurses’ services.

 

Physician Discipline Files (HB 1327/PA 98-
0210): Requires physician profiles maintained
by the Dept. of Financial and Professional
Regulation must contain a description of any
criminal convictions for felonies and Class A
misdemeanors within the last 10 years, rather
than the current five years.

 

Mental Health Records (HB 1458/PA 98-0221):
This measure would allow an individual to
consent to the release of his or her own mental
health records. It would also clarify that the
custodian of a mentally ill person can seek a
court order to have the individual transported
to a mental health facility. Current law only
allows for transfer to a hospital.

 

Illinois ADA Update (HB 1462/PA 98-0224):
Brings Illinois’ accessibility requirements for
the disabled in line with the 2010
Americans with Disabilities Act.

 

Health Care Worker Badge Requirement (HB
2452/PA 98-0243): Requires all health care
facility workers who examine or treat a patient
in Illinois to wear an ID badge with first name,
licensure, and staff position. Current law
requires this only from health care facilities
licensed in Illinois. New bill would cover all
facilities.

 

Flu Shots (HB 3191/PA 98-0271): Requires
hospitals in the state to offer flu shots to all
patients admitted from Sept. 1 to April 1 each
year.

 

Epilepsy Deaths (SB 1226/PA 98-0340):
Requires all autopsies in the state to include an
inquiry as to whether the death was the result
of a seizure or epilepsy. Also creates a definition
of Sudden Unexpected Death in Epilepsy
(SUDEP.)

 

AIDS/ARC/HIV School Reporting Repeal (HB
61/PA-0353): Repeals language requiring the

 


Illinois Department of Public Health or local
health departments to report cases of AIDS,
ARC, or HIV to the school an infected child
attends.

 

Infectious Medical Waste (HB 702/PA 98-
0366): Affects the handling of “potentially
infectious medical waste” (PIMW), to grant an
exemption for “sharps” (for example needles or
blood testing pins) that are packaged before
being disposed of, so that they are non-
potentially infectious. Currently, sharps are
excluded from the definition of the term
“potentially infectious medical waste” (PIMW) if
their infectious potential is eliminated through
treatment and they are rendered
unrecognizable by that treatment. Once PIMW
has been treated and the sharps have been
packaged properly, they can be placed in a
landfill.

 

Funds from Facility Closures (HB 1683/PA-
0403): Whenever a state-operated mental
health or developmental disability facility is
closed, the Department of Human Services
(DHS) is required, at the direction of the
Governor, to transfer funds from the closed
facility to the appropriate line item for the new
venue of care, provided the new venue is a
DHS- funded provider.

 

Cancer Disability (HB 1809/PA-0405): Expands
the definition of disabled within the vehicle
code to include persons whose ability to walk is
severely limited due to cancer.

 

HFPB Jurisdiction Exemption (HB 2423/PA 98-
0414): Exempts doctors working under a
contract with a facility from the jurisdiction of
the Health Facilities Planning Board (HFPB).
Requires that the HFPB must adopt rules
changing its category of services.

 

Trafficking Tattoo Removal
Reimbursement (HB 2640/PA 98-
0435): Provides that victims of human
trafficking may be reimbursed the cost of
removing a tattoo that was applied in
connection with the commission of human
trafficking.

 

Out of State Transfers (HB 2760/PA 98-
0448): Would allow an out of state
physician to oversee and direct home care
services for patients living in Illinois while a
patient is transitioned to an in-state doctor.
Would allow 90 days for the transition.

 

Childhood Cancer Research (HB 3003/PA-
0464): Creates the Childhood Cancer Research
Advisory Board to review grant applications and
make recommendations to the Illinois
Department of Public Health in the awarding of
grants for childhood cancer research. Prohibits
members of the board from being paid or
receiving reimbursement for expenses.

 

New Americans (HB 3047/PA 98-0467): Creates
the Governor’s Office of New Americans, aimed
at helping immigrants assimilate into society.

 

Breast Cancer Reconstructive Surgery Info (HB
3175/PA-0479): Requires the Department of
Public Health (DPH) to establish a program to
inform breast cancer patients, especially
minorities and ethnicities, of availability and
coverage of breast reconstruction, prosthetics,
and other options available through surgery.

 

Breast Cancer Brochure (SB 2314/PA-0502):
Requires the Department of Public Health to
publish information about the impact and
concerns surrounding dense breast tissue in the
breast cancer brochure the Department
currently publishes and distributes.

 

Human Service Provider Protection (SB
1609/PA 98-0529): Makes it a Class 3 felony to
make a threat to a human services provider
involving bodily harm, sexual assault,
confinement, or restraint; as well as any threat
that damage will occur to property. The threat
must be linked to the duties of human service
provider. Applies to social workers, case

 


workers, or investigators that work under a
contract or grant from the Department of
Human Services, the Department of Children
and Family Services, the Department of
Healthcare and Family Services, or the
Department on Aging.

 

Local Government

 

Ambulance Service Funds (HB 438/PA 98-
0199): Allows counties with a population
between 8,400-9,000 to use funds that come
from an ambulance service levy for 911 services
if voters approve this use through referendum.
Hamilton County currently levies an ambulance
tax, but does not provide a countywide
ambulance service and would like to use the
funds for 911 services.

 

Local Bonds (HB 983/PA 98-0203): This bill
would make it easier access for taxpayers to
seek backdoor referendums in cases where
local governments wish to propose alternative
or “double-barreled” bonds. The bill would
apply to local governments with less than
500,000 in population. A referendum would be
required if sought by 7.5% of registered voters
or 200 registered voters, whichever is less.
Extends the time allotted for taxpayers to
secure a backdoor referendum from 30 days to
45 days.

 

CMS Date Collection (SB 1670/PA 98-0283):
Would require Central Management Services
(CMS) to distribute a spreadsheet to each State
agency to facilitate the collection of data on the
State’s annual workforce characteristics,
workforce compensation, and employee
mobility. CMS would be required to annually
make the data received from each State agency
available on the Illinois Transparency and
Accountability Portal (ITAP) or another open
data site.

 

Errors by Tax Collectors, Due Dates (SB
1737/PA 98-0286): Requires that if a county
collector sends a separate bill for the arrearages
of taxes due, as a result of an administrative
error on the part of the county, the bill may be
due no sooner than 30 days after the due date
for the next installment of taxes.

 

 

 

Local Government Investment (SB 1950/PA 98-
0297): This is a proposal of the Illinois
Metropolitan Investment Fund (IMET), which
pools money from local governments and
invests them in investments permitted under
statute. This would allow IMET to buy local and
state government bonds for its pooled
investment fund for all types of local
governments (currently, just municipalities and
counties).

 

Water Infrastructure (SB 1869/PA 98-0330):
Updates language in the state’s Municipal Code
to allow cities and villages to construct, and
maintain storm sewers, detention basins and
retention basins (currently drains, ditches,
levees, dykes, pumping works, and
machinery). An amendment allows
construction of “green infrastructure” including
green roofs, rain gardens, bioswales, tree
boxes, porous pavement, porous pipe systems,
native plantings, constructed wetlands, and
cisterns. Cities and villages may also acquire
land to manage runoff by infiltration,
evapotranspiration, or collection.

 

Sanitary District Appointments (HB 2239/PA
98-0407) Amends the Sanitary District Act of
1917. In the event that an appropriate
appointing authority fails to appoint a trustee,
the appointing authority will reconvene and
appoint a

 

Municipal Finance (SB 2339/PA 98-0504):
Designed to protect municipalities that utilize
joint insurance pools. The measure requires
joint insurance pools to annually file a
certification with the Director of Insurance by
an independent actuary, guaranteeing that the
pool’s reserves are in accordance with sound
loss-reserving standards and are adequate for

 


the payment of claims. Grants the Director of
Insurance expanded regulatory oversight of
joint self-insurance pools and requires.

 

Pensions and Retirement Benefits

 

Roth IRA (SB 1534/ PA 98-0491): Allows state
employees with a deferred compensation plan
to also participate in Roth IRA plans. The bill
also instructs the Department of Central
Management Services and local governments to
allow designated Roth IRA contributions and in-
plan rollovers to designated Roth accounts.

 

Senior Citizens

 

Elder Protections (SB 1287/PA 98-0120): Would
ban people from being appointed to serve as a
guardian of a person or an estate of an elderly
person, if they have been convicted of felony
harm or threat to a minor.

 

State Government, Insurance and
Regulation

 

Latino Family Commission (HB 3049/PA 98-
0032): Moves jurisdiction of the Illinois Latino
Family Commission from the Department of
Public Aid to the Department of Health Care
and Family Services.

 

EMT – Military Experience (HB 3186/ PA 98-
0053): Recognizes a candidate’s military
emergency medical training, emergency
medical curriculum, and clinical experience
when the Department of Public Health
prescribes licensure testing requirements.

 

Insurance Investments (HB 1571/PA 98-0110):
With regard to domestic mutual insurance
companies and domestic stock insurance
companies, the measure stipulates criteria for
investments by insurance companies under the
Insurance Code, requires bonds, notes or
certificates of deposit to meet certain
requirements to be eligible, and grants the
Director of Insurance powers to refuse to
accept certain securities or refuse to accept the
reported market value of certain securities.

 

Late Vehicle Titles (SB 1828/PA 98-0177):
Authorizes the Secretary of State to charge
delinquent vehicle dealer transfer fees of up to
$100 to dealers that are late giving certificate of
title to the Secretary of State. Allows a
Secretary of State Police investigator to issue
administrative citations to new or used vehicle
dealers. Adds the National Motor Vehicle Title
Information Service (NMVTIS) to the list of
services for which money from the Commercial
Driver’s License Information System/American
Association of Motor Vehicle Administrators
network (CDLIS/AAMVAnet) Trust Fund may be
spent.

 

Insurance Communications (HB 3300/PA 98-
0189): Requires that insurance companies
accommodate a reasonable request to receive
communications via alternative means (e-mail,
telephone, etc.) if the insured requests an
alternative means of communication because
disclosure of the information could endanger
the insured.

 

Insurance Guaranty Fund Board (HB 981/PA
98-0202): Expands the board of directors of the
Illinois Insurance Guaranty Fund to add a public
member appointed by the state’s Director of
Insurance. The new members must be a
licensed and certified public accountant or hold
a Chartered Property and Casualty Underwriter
(CPCU) designation from the American Institute
for Chartered Property Casualty Underwriters.

 

Insurance Code Changes (HB 1552/PA 98-
0226): Amends the Illinois Insurance Code to
allow the Department of Insurance to
electronically send a quarterly invoice for fees
to insurance companies, rather than mailing the
invoices. Removes a requirement that notices
regarding coverage for a dependent be
provided on a semi-annual basis. Also changes
the date of the Department’s annual report to
the General Assembly from April 15 to July 1.

 


Fallen Heroes (HB 1854/PA 98-0234): Would
require the Governor to order flags to be flown
at half-staff when an Emergency Medical
Services (EMS) crew member is killed in the line
of duty.

 

Capital Project Fund (HB 2613/PA 98-0245):
Clarifies that federal capital funds that are left
over after the State completes a construction
project must remain in a State capital fund to
be used for future construction projects, rather
than being used to pay off bonds.

 

Fraternal Order of Police (SB 1216/PA 98-
0275): Gives the legislature greater oversight
into how funds are spent by specifying that all
moneys in the Fraternal Order of Police Fund
are subject to appropriation by the General
Assembly and distributed by the Secretary of
State. These are funds raised by the sale of
special Fraternal Order of Police license plates.

 

9-1-1 Directory (HB 2856/PA 98-0332): Would
require the Illinois Commerce Commission to
provide 9-1-1 operators with a directory of
other call centers to be able to transfer calls out
of their original jurisdiction.

 

Title Insurance (HB 1545/PA 98-0398): Makes
several changes to the state’s regulations of the
title insurance industry, giving the Illinois
Department of Financial and Professional
Regulation (IDFPR) broader authority over other
licensing, penalties, suspension or revocation of
title insurance licenses. Also exempts limited
liability companies from a requirement that
every title insurance agent must be 18 years
old.

 

Electric Bid Specification (HB 2623/PA 98-
0434): Gives municipalities or other local
governments that aggregate power the right to
know the source of the power utilized under
the aggregation.

 

Yearly Budget Requirements (HB 2947/PA 98-
0460): Would requires that the Governor’s
annual state budget submission include detailed
tables and narratives as to any projected
budget surplus or a projected budget deficit for
the fiscal year. Also requires an estimate of
individual and corporate income tax
overpayments that won’t be paid back by the
end of the fiscal year.

 

State Budget Online (HB 2955/PA 98-0461):
Requires the state budget to be published
online within 60 days of being signed into law.

 

Auto Insurance (SB 1940/PA 98-0539):
Beginning with the 2016 registration year, this
bill requires that mandatory insurance
information must be provided before any
vehicle registration can be issued. Any person
that knowingly submits false insurance
information shall be guilty of a Class C
misdemeanor. Also requires that the remittance
agents to turn this information over to the
Secretary of State or face the loss or revocation
of their license.

 

Fine Arts Purchases (SB 1723/PA 98-0572):
Amends the CDB Act, the Illinois Procurement
Code, and the Design-Build Procurement Act.
Eliminates a duplicative Board charged with
procuring and selecting art work to be displayed
in public buildings. Makes minor changes to the
Design-build Procurement Act. Clarifies what
projects qualify under the Act and replaces the
word “projects” with “construction projects”
throughout the bill.

 

Budget Transparency (SB 2106/PA 98-0580):
Creates the Governmental Transparency Task
Force to create a plan to make the State
budgeting process more transparent and
publicly-accessible. Establishes a 16 member
board comprised of appointments by the
Governor and the four legislative
leaders. Report due by January 1, 2015.

 

Grant Transparency (SB 2381/PA 98-
0589): Increases grant transparency and gives
the public greater access to information about
state grants and how grant monies are
distributed and used. Requires the state’s Chief

 


Information Officer to work with state agencies
to better report financial data. Would require
all state grants to be posted online at
data.illinois.gov, including name and zip code of
the organization receiving the grant, a short
description of the purpose; amount of the
award, and date of the award.

 

This legislation was prompted in part by the
controversial Neighborhood Recovery Initiative,
which was the subject of an investigative report
by the CNN television network. The report on
the Neighborhood Recovery Initiative (NRI)
found that the program paid teens to hand out
fliers, take field trips to museums, march in
parades with the Governor, and attend yoga
classes.

 

The program lacked public scrutiny, guidelines
and standards for the distribution of
funding. The Governor moved $94M from his
FY11 discretionary lump sums to the IL Violence
Prevention Authority (IVPA). After those funds
were transferred from the Governor’s lump
sums to IVPA, the monies were further
transferred to the non-appropriated IVPA
Special Projects Fund. However, there was no
clear way to review where the money was going
and what programs it was going to. It took CNN
a four-month investigation to reveal that funds
were being questionably spent, and
conveniently doled out just in time for the
Governor’s election.

 

Taxes and Fees

 

Exempts MABAS Land from Taxation (HB
1206/PA 98-0206): This legislation exempts
property owned by the board of a Mutual Aid
Box Alarm System (MABAS) from
taxation. MABAS works with fire
services, EMS professionals, and other
personnel to create a resource response plan to
any location when the Governor orders a
declaration of disaster.

 

Department of Revenue Updates (HB 3157/PA
98-0478): This is an Illinois Department of
Revenue 2013 Omnibus Income Tax Proposal.
The measure would update and streamline
certain business tax forms and regulations.

 

Department of Revenue Omnibus (SB 2169/PA
98-0496): Represents the Illinois Department of
Revenue’s 2013 Omnibus Enforcement
Proposal. Among the provisions included, the
measure allows the Revenue Department to
deny a certificate of registration to a retailer
who is in default on taxes due, provides a six-
year statute of limitation on notices of
deficiency when a taxpayer understates their
withholding by more than 25% and also extends
the statute of limitations for certain businesses
that file an Illinois return.

 

Truck/SUV Rental Taxes (SB 1772/PA 98-
0574): Expands the exemption on sales taxes
for rental vehicles to include trucks and SUVs
used primarily for transporting passengers.

 

Transportation, Infrastructure and
Vehicular Regulation/Safety

 

License Plates – Wild Turkey and Childhood
Cancer (HB 2754/ PA 98-0066): Provides for
the issuance of National Wild Turkey Federation
license plates. Creates the National Wild Turkey
Federation Fund as a special fund in the State
Treasury. An amendment was added to create
a curing Childhood Cancer Fund and the Curing
Childhood Cancer Plates.

 

License Plates – Diabetes Awareness (HB
1815/PA 98-0096): Creates Diabetes Awareness
license plates. The fee for the plate will initially
be $40 with $25 going toward Juvenile Diabetes
research.

 

IDOT Flashing Lights (HB 774/PA 98-
0123): Allows the use of red or white oscillating,
rotating, or flashing lights on vehicles belonging
to the Illinois Department of Transportation
designated as Emergency Traffic Patrol.

 


License Plates – Illinois Nurses (SB 1383/PA 98-
0150): Creates the Illinois Nurses License Plate.

 

License Plates – Red Cross (SB 1439/PA 98-
0151): Creates an American Red Cross License
Plate with a portion of the proceeds going into
a new Red Cross Fund. Money in the Fund will
be paid as grants to the American Red Cross
subject to appropriation by the General
Assembly.

 

Window Tints (SB 1524/PA 98-0153): Preempts
home rule with respect to window tinting of
automobiles. State law establishes a maximum
level of tint. The intent of this bill is to prohibit
municipalities from mandating a lighter tint.
This would prevent motorists for being ticketed
while driving in cities they don’t normally visit.

 

Kelsey’s Law (HB 1009/PA 98-0168): Creates
“Kelsey’s Law” dealing with the issuance of
Graduated Driver’s Licenses for minors with
traffic citations. A fifteen year old girl, Kelsey,
was walking with two friends on the side of the
roadway one evening where there was no
sidewalk. She was struck by a truck driven by a
15-year-old boy who had his instruction permit.
The boy was able to obtain his Graduated
Driver’s License a few days later because the
current form did not require him to disclose he
had a pending traffic ticket.

 

Secretary of State (SB 1871/PA 98-0178): This
is an omnibus measure requested by the
Secretary of State dealing with out of state
license cancellation, out of state traffic citations
and security judgments less than $5.

 

License Plates – Illinois Police Association (HB
1817/PA 98-0233): Provides for the issuance of
the Illinois Police Benevolent and Protective
Association license plates.

 

Uninsured Motorists (HB 2393/PA 98-
0242): Eliminates the requirement that
automobile insurers must provide information
about the availability of uninsured motorist
coverage when a policy is being renewed.
Buyers must still be told about uninsured
motorist coverage when buying a new policy,
but not every time they renew coverage.

 

License Plates – Alzheimer’s Awareness (HB
2822/PA 98-0259): Creates Alzheimer’s Disease
awareness license plates. An additional fee of
$25 with $10 at issuance and $23 at renewal
going into a newly created Alzheimer’s
Awareness Fund to be paid as grants to the
Alzheimer’s Disease and Related Disorders
Association.

 

Driving on Restricted License (SB 1735/PA 98-
0285): Increases the penalty for driving while a
license is suspended or revoked if the violation
results in an accident that causes personal
injury or death to a Class 4 felony for a second
or subsequent offense.

 

License Plates – Prince Hall Masons (HB
167/PA 98-0300): Creates the Prince Hall
Freemasonry License Plate. Prince Hall
Freemasonry is a branch of the US Freemasonry
consisting predominately of African-Americans
but welcomes other races.

 

Police Privacy (SB 1693/PA 98-0323): Would
allow peace officers to provide their work
address instead of a home address when
applying for an Illinois Identification Card, a
driver’s license or instruction permit.

 

Construction Zone Speeding (HB 1814/PA 98-
0337): Creates separate offenses for speeding
in a construction or maintenance zone when
workers are present and are not present.
Removes penalty of license suspension in
construction zones when construction workers
are not present and no danger of hitting a
construction worker exists.

 

License Plates – K-9 Memorial (HB 198/PA 98-
0360): Creates the Illinois Police K-9 License
Plates.

 

License Plates – Public Safety Diver (HB 989/PA
98-0376): Creates a new special license plate-
the “Public Safety Diver” plate.

 


License Plates – The H Foundation (HB
1238/PA 98-0382): Provides for the issuance of
The H Foundation – Committed to a Cure for
Cancer license plates.

 

License Plates – Retired Law Enforcement (HB
1529/PA 98-0395): Creates the Retired Law
Enforcement license plates. Creates the Illinois
Sheriffs’ Association Scholarship and Training
Fund to receive a share of revenues from the
plates.

 

Motorcycle Road Guard (HB 1539/PA 98-
0396): Provides that local authorities may
certify persons to act as traffic control for
special events. This is intended to allow local
motorcycle groups to assist police in directing
traffic during special motorcycle events. The
persons must be obeyed in the same manner as
a police officer, fireman, or crossing guard when
directing traffic.

 

Sewer Cleaner Trucks (HB 1810/PA 98-
0406): Allows combination sewer cleaning
jetting vacuum trucks that are registered as a
Special Hauling Vehicle to carry additional
weight.

 

Special Hauling Vehicles (HB 2310/PA 98-
0409): Extends by 10 years the model years of
Special Hauling Vehicles exempt from the
federal bridge formula that regulates vehicle
weights. Special Hauling Vehicles are generally
special purpose trucks, such as cement mixers
and multiple-axle trucks designed for hauling
special cargo.

 

IDOT Business Impact (HB 2382/PA 98-
0412): Requires the Illinois Department of
Transportation to work with property owners,
including residents, businesses, and other
community members, before and during
construction by considering various methods to
mitigate and reduce project impacts. This could
include, but would not be limited to, detour
routing and temporary signage.

 

License Plates – Fire Department Vehicles (HB
2641/PA 98-0436): Allows for permanent
license plates on fire trucks owned by
municipalities, fire districts and Mutual Aid
systems. Plates are subject to an $8 fee and are
exempt from a transfer fee but the department
must report the transfer to the Secretary of
State.

 

Alternative Fuel Vehicles (HB 2695/PA 98-
0442): Would require 25% of state vehicles to
use alternative fuels by January 1, 2016.
Exempts the Illinois State Police and the Illinois
Department of Corrections. Also allows the
Department of Transportation to construct and
maintain at least one electric vehicle charging
station at each rest area on state highways.

 

Car Dealer Fees (HB 2773/PA 98-
0450): Changes the fees of the Dealer Recovery
Trust Fund to a graduated schedule based on
the number of cars sold. This would reduce the
fee for car dealers selling less than 300 vehicles
in a year and keep the same fee for those selling
more than 300. Allows an applicant to submit a
claim to the fund within two years of the
transaction (instead of within 9 months). The
Dealer Recovery Trust Fund protects vehicle
buyers in cases where a dealer goes out of
business without paying off the balance of their
customers’ liens on traded-in vehicles.

 

Ambulance License Renewal (HB 2777/PA 98-
0452): Allows ambulance license renewals to
take place every four years. Currently this must
be done each year.

 

Bicycles (HB 3367/PA 98-0485): Allows bicycles
and other human powered, two wheeled
vehicles to pass cars on the right. This is to
prevent police in certain areas from writing
citations to bicyclists when the prohibition was
intended for motorcycles only.

 

Truck Inspections (SB 1294/PA 98-
0489): Reduces the late penalty for meeting the
semi-annual inspection requirement for
intrastate trucks to a petty offense. The

 


minimum fine is $95 and the maximum fine is
$250. If the violation occurs in conjunction with
a motor vehicle accident, the person is guilty of
a class C misdemeanor. A minimum fine of $95
requires a court appearance.

 

Speed Limits (SB 2356/PA 98-0511): Increases
the maximum speed limit to 70 mph on all
interstates, toll highways and four lane divided
highways. The speed limit would be 65 for other
highways. Provides that Cook and the collar
counties may opt out of the higher speed limit
via ordinance.

 

Trucking Regulation (SB 925/PA 98-
0512): Repeals the state regulation on the
consecutive hours a trucker may drive. This is a
cleanup bill, as current state regulations are
outdated and federal law already regulates the
hours truckers may drive.

 

School Bus Cameras (SB 923/PA 98-
0556): Allows school buses to be equipped with
automated traffic law enforcement systems.
These cameras would be designed to issue
citations for motor vehicles passing a stopped
school bus. This applies statewide. A House
amendment diverts money that was originally
set to go to school districts and changes the
allocation so that more money will go to the
municipalities where they are located.

 

Golf Cart and ATV Highway Crossing (SB
1530/PA 98-0567) Communities may permit a
person operating a non-highway vehicle, such
as a golf cart or an all-terrain vehicle, to cross a
State highway at an intersection of the highway
with another public street, road or highway.
This was requested by a community that has a
highway as the major street through the town
and wants to be able to allow persons to cross
the highway. The bill also provides that racing
shells, rowing sculls, racing canoes, and racing
kayaks are not required to carry personal
flotation devices as long as they are
participating in an event that the Department of
Natural Resources has sanctioned as being
personal flotation device optional.

 

Disability Parking (SB 1929/PA 98-
0577): Requires an application for a metered
exempt parking decal to provide evidence of
permanent disability. Also states that
exemptions from parking fees for disabled
persons only apply to metered street parking
and public parking areas and not publicly
owned parking garages.

 

Publishing Toll Violators (SB 01214/ PA 98-
0559): Provides that the Toll Highway Authority
may maintain an online list of persons or
entities owing the THA more than $1,000 for
tolls, fines, unpaid late fees or administrative
costs that remain unpaid after the exhaustion
of, or failure to exhaust, the judicial review
procedures under the Administrative Review
Law. Each entry may include the person or
entity’s name as listed on the final order of
liability.

 

Veterans and Military Affairs

 

 Military Driver Skills Exemption (HB 2563/ PA
98-0052): Waives the Commercial Drivers
License skills test requirement for an applicant
who has military commercial motor vehicle
experience and complies with federal rules.

 

Veterans Employment (SB 204/PA 98-
0054): Allows honorably discharged veterans as
well as members of the Illinois National Guard
or other reserves to substitute some overseas
service for the collegiate educational
requirements to become a trooper with the
Illinois State Police. Applies to persons awarded
service medals for Southwest Asia, Kosovo,
Korean Defense, Afghanistan, Iraq, or Global
War on Terrorism.

 

Veterans Probation Program Clarification (SB
1497/PA 98-0152): Clarifies that eligibility for a
Veterans and Service members Court program
or a mental health court program (probationary
programs) is limited to only those defendants

 


whose crime is eligible for probation. Any
defendant who is ineligible for probation is not
eligible for a Veterans and Service members
Court program or a mental health court
program.

 

Veterans Priority Registration (SB 2245/PA 98-
0316): Requires public universities and
community colleges to give veterans and
service members the earliest possible
enrollment opportunity that they offer to any
class of students. This benefit must be used
within 15 years after leaving military service.
This is to address a problem where the federal
government has been slow in reimbursing
veterans. The intent is to allow veterans to
submit the information to the federal
government earlier.

 

Naval Bases (SB 1953/PA 98-0494): Affects
the U.S. naval bases in northern Illinois. Allows
the sunset of the PPV lease classification system
on January 1, 2016. A PPV lease is a leasehold
interest in U.S. military property that is leased
to another. An amendment was adopted so
that the measure would not affect Scott Air
Force base near St. Louis.

 

 

 





Your Email (required)

 

 

 

s-blog

Add a Comment