More than 125 new laws were signed in recent days, as the deadline for the Governor to act on legislation from the spring 2014 session neared. The measures covered topics as wide ranging as smoking on campus to fur trapping to dangerous new “designer” drugs.
The Governor also used his amendatory veto power to make changes to two measures, adding additional notification procedures to a bill designed to expedite the siting process for facilities that handle construction debris. House Bill 4606 was designed to make it easier to site facilities that accept and recycle uncontaminated materials from home construction, remodeling, demolition and repair projects. Such facilities are seen as helpful to the environment because they reduce the amount of debris that ends up in landfills.
The other measure altered by the Governor was Senate Bill 2664, which limited the assessments that condominium associations could collect from buyers of a foreclosed condominium. The legislation was intended to encourage persons to buy and refurbish foreclosed condominiums that have been on the market for long periods.
Fire department grants available
Local communities are being reminded of a Sept. 30 deadline to apply for grants for firefighting equipment through the state Fire Marshal’s Small Equipment Grant Program. The program offers grants to local fire departments and fire protection districts of up to $26,000. Information is available on the Office of the State Fire Marshal website, and the application form can be found at: http://www.sfm.illinois.gov/documents/FY15_Small_Equipment_Grant_Application.pdf.
Audit hits ‘faulty’ bookkeeping
A federal audit has revealed that Illinois spent more than it was allowed under its federal Medicaid account, the Chicago Tribune reports.
An audit by the Inspector General at the U.S. Department of Health and Human Services cited Illinois for "faulty" and "imprecise" bookkeeping, revealing the state took out an average of $60 million more than it was entitled to each quarter between 2010 and 2012.
Beginning on July 1, 2015, smoking will be prohibited on the campuses of all state supported institutions of higher education and public community colleges under SB 2202. A controversial section of the legislation that would prohibit smoking inside of a private vehicle that is parked on campus was removed by a companion measure, HB 3961, which was also signed into law.
Another smoking related measure, HB 5868 requires that e-cigarettes be sold from behind the counter, in an age restricted area, or in a sealed display case.
In response to a powerful new hallucinogenic synthetic drug which has caused overdoses and fatalities in youth, SB 3275 would add "25I-NBOMe," "25B-NBOMe" and "25C-NBOMe" to the list of Schedule One controlled substances.
It has been marketed as an LSD substitute as it targets the same serotonin receptor as many other hallucinogens including LSD. Small amounts can cause seizures, cardiac and respiratory arrest, and death. According to the DEA, reports from medical examiners link at least 19 deaths of people aged 15-29 years in the U.S. between March 2012 and August 2013.
House Bill 5526 prohibits a person under 18 from knowingly possessing kratom or using a fake ID to attempt to obtain a product containing kratom. Kratom comes from the leaves of a tree native to Southeast Asia and has been sold for medicinal purposes; however, teens are showing up in emergency rooms after using it to get high.
Another measure, HB 4093, clarifies state law by adding an aggravating factor to methamphetamine manufacture if it occurs within 1,000 feet of school property, rather than simply 1,000 feet from a school building.
“Skype” search warrants
In an effort to allow the state’s legal system to keep up with technology, HB 4594 allows for electronic search warrants that utilize simultaneous audio and video transmission between the person requesting the search warrant and the judge, such as “Skype.” The Chief Judge or Presiding Judge in the issuing jurisdiction is to determine standards and best practices policies for filing and retaining the transmissions.
Several measures affecting outdoor sports have been signed into law. House Bill 5079 is an initiative of the Illinois Trappers Association meant to assure that trappers are competent. It will require that anyone who has not held a valid trapping license within three years preceding the license application must provide evidence of competency.
The upswing in fur prices in the last few years have led to an increase in people trapping for the first time. It has been found that many of these trappers have little or no real knowledge of how to trap, resulting in an increase in non-targeted animals (such as dogs and cats) being inadvertently captured.
House Bill 5080 will update waterfowl outfitter regulations to allow them to be regulated similarly to what is in place for deer and wild turkey outfitters. The legislation also includes deer and wild turkey under the outfitter permit provision and provides penalties for anyone who provides or offers, for compensation, outfitting services for deer, waterfowl, or wild turkey hunting without a permit.
School is back in session in many areas and fall sports are beginning, so it is timely that House Bill 5431 will require the Illinois High School Association (IHSA) to develop an online certification for high school coaches and athletic directors regarding concussion awareness and how to reduce repetitive sub-concussive hits and concussions.
Full List of Bills Signed in Recent Days
Storm Shelter Law (HB 2513/PA 98-0883): Provides that all new school building construction governed by the "Health/Life Safety Code for Public Schools" must include in its design and construction a storm shelter.
Bus Drivers (HB 3685/PA 98-0884): Allows for easier renewal of religious organization bus drivers, senior citizen transportation drivers and for-profit ridesharing arrangement drivers. Provides that for a lapse in license renewal of 30 days or less, the applicant shall be eligible for renewal without a waiver from the Secretary of State. A waiver from the Secretary of State would be required for a lapse in excess of 30 days.
AP Required Courses (HB 3695/PA 98-0885): Allows an Advanced Placement (AP) computer science course to count as one of the three math courses required for high school graduation and requires successful completion of Algebra II or an integrated math course with Algebra II content.
Breast Cancer (HB 3765/PA 98-0886): Requires the Illinois Department of Public Health’s written summary regarding the early detection and treatment of breast cancer to also inform individuals, in layman’s terms, of potential recommended follow-up tests or studies concerning dense breast tissue.
Benefit Eligibility (HB 3819/PA 98-0887): Authorizes the Department on Aging to determine eligibility for reduced vehicle registration fees for senior citizens and for free rides on fixed-route public transportation services for senior citizens and persons with disabilities.
Economic Development Reporting (HB 3829/PA 98-0888): Adds an additional reporting requirement concerning the Illinois Business Development Council’s strategic business development plan. Requires an assessment of the economic development practices of states that border Illinois; and recommendations for best practices in economic development, business incentives, business attraction, and business retention for counties in Illinois that border at least one other state.
TIF Extension – Ottawa (HB 3924/PA 98-0889): – Extends Ottawa’s I-80 North Tax Increment Financing (TIF) District from 23 years to 35 years. The TIF district was established in 1993. Without the legislation granting a 12-year extension, the TIF is scheduled to end in 2016. The local units of government impacted by the TIF are in support of the extension.
ID Badges (HB 4033/PA 98-0890): Exempts Intermediate Care Facilities for the Developmentally Disabled (ICFDD) and Community Integrated Living Arrangements (CILA) from the requirement that identification badges be worn by employees and volunteers of health care facilities.
Cancer Research (HB 4035/PA 98-0891): Authorizes the Department of Public Health to collect and maintain health data on the connection between the long-term effects of childhood cancer and the original cancer diagnosis and treatment.
Probation Services (HB 4082/PA 98-0892): Allows a probation department to meet with a minor offender (and his or her attorney) in a preliminary conference.
TIF Extension – Arlington Heights (HB 4185/PA 98-0893): Extends the Arlington Heights Tax Increment Financing (TIF) District #4, located Northeast of Golf Road and Arlington Heights Road, from 23 years to 35 years. Under current law, the TIF would expire in 2025. Most of the local units of government impacted by the TIF are in support of the extension with the exception of Harper College and the Arlington Heights Memorial Library, which filed letters of neutrality.
Appointee Ethics (HB 4208/PA 98-0894): Provides that any member of a governmental entity appointed by any member or members of a county board shall abide by the ethics laws of the county in which they serve. Ethics legislation that passed last year did not cover appointees that were appointed by individual members of a county board. This legislation closes that loophole.
Out-of-State Attorneys (HB 4235/PA 98-0895): Allows a licensed attorney from another state to appear in front of the Illinois Commerce Commission. This legislation was introduced due to a recent Supreme Court rule change.
TASC Ineligibility (HB 4236/PA 98-0896): Adds Class-4 felony stalking to the list of crimes that would make an individual ineligible for Treatment Alternatives for Safe Communities (TASC) participation. TASC (Treatment Alternatives for Safe Communities) is a not-for-profit organization that provides behavioral health recovery management services for individuals with substance abuse and mental health disorders.
Criminal Fortification (HB 4269/PA 98-0897): Includes preventing or impeding lawful entry of law enforcements entry through the use of video surveillance, motion sensing devices or booby traps as part of the criminal fortification of a residence or building. Law enforcement has found that criminals are increasingly reliant on technology as a way to inhibit law enforcement at locations where illegal activity occurs, and this legislation would incorporate these techniques into current law.
Commercial Fishing License (HB 4277/PA 98-0898): Allows veterans and blind or disabled residents to fish with commercial devices without holding a sports fishing license during valid fishing seasons.
Fraudulent Firearms Instructors (HB 4290/PA 98-0899): Makes it a Class A misdemeanor for a firearms instructor to fraudulently certify that an applicant has completed a firearms certification course that is mandated by the Concealed Carry Act. Allows the State Police to permanently revoke the instructor’s license.
Open Meetings Training (HB 4483/PA 98-0900): This would allow for elected or appointed members of park district, forest preserve district, or conservation district boards to satisfy the Open Meetings Act training requirements by participating in training sponsored or conducted by an organization that represents park districts in the Park District Code. This is an initiative of the Illinois Association of Park Districts, who would like to have the ability to conduct in-person training on the Open Meetings Act. The training would be specific to Park District needs and the organization feels the more focused training would be more beneficial for those they represent.
Medication Administration DD (HB 4486/PA 98-0901): Expands the list of medications direct-care staff are authorized to administer to persons with developmental disabilities in care facilities with sixteen or fewer residents or participants.
License Plate Fee Waivers (HB 4491/PA 98-0902): Waives registration and renewal fees ($101) for any person who is issued "Purple Heart" license plates for one vehicle. Waives registration and renewal fees on an additional vehicle if the applicant has been approved for "Senior Citizens and Disabled Persons Property Tax Relief Act.”
Predatory Sexual Assault (HB 4516/PA 98-0903): In order to clarify what constitutes criminal intent with regard to the elements of predatory sexual assault of a child, this bill stipulates that the contact between the offender and the victim must be for the purpose of sexual gratification or arousal.
Comptroller and State Inventory (HB 4569/PA 98-0904): Allows the State Comptroller to define reporting requirements (thresholds) on inventory at state agencies. This would allow the Comptroller to determine and define what property reporting requirements and thresholds will be required of State agencies to be submitted to the Comptroller. These thresholds would be published in the Comptroller's Statewide Accounting Management System (SAMS) manual.
Currently, all state agencies are required to submit all property held by or on behalf of the State or any state agency - regardless of value. Also raises the maximum threshold of "petty cash" purchases from $50 to $100. The last time the petty cash limit was raised in statute was in 1991 when it was increased from $25 to $50.
“Skype” Search Warrants (HB 4594/98-0905): Allows for electronic search warrants that utilize simultaneous audio and video transmission between the person requesting the search warrant and the judge. The Chief Judge or Presiding Judge in the issuing jurisdiction is to determine standards and best practices policies for filing and retaining the transmissions.
Park Districts Borrowing (HB 4597/PA 98-0906): The bill permits park districts to borrow money for any corporate purpose from any bank or financial institution as long as the money is repaid within two years from the time the money is borrowed. Concerns have been raised because the legislation does not contain any provision that prevents the loan from being repaid through bonding and it is unclear if the two-year limit can be extended simply by taking out a new loan.
Transportation Services Study (HB 4612/PA 98-0907): Requires the Illinois State Board of Education (ISBE) to study shared services contracts for transportation funding and the opportunity for increased savings for future shared services contracts. ISBE shall report its findings to the General Assembly on or before January 1, 2015.
Coroner Access to Records (HB 4694/PA 98-0908): This measure would allow coroners access to all mental health records of patients when conducting a preliminary investigation of the patient’s death. Removes requirements that records must be limited to those relating to the factual circumstances of the incident being investigated.
Bank Services Fund (HB 4713/PA 98-0909): Provides that moneys in the State Treasurer's Bank Services Trust Fund may also be used for technological, consultant, and legal service charges related to the investment or safekeeping of funds under the Treasurer's control and legal services under the State's general obligation bond program. This would essentially allow the use of about $150,000 in special funds, instead of the state’s General Funds.
Risk Management Model Act (HB 4725/PA 98-0910): An Illinois Department of Insurance (DOI) initiative that amends the Insurance Code by codifying the National Association of Insurance Commissioner (NAIC) standards for Own Risk and Solvency Assessment (ORSA) Model Act into Illinois statute. This new regulatory framework for insurance companies will require insurers to maintain a risk management structure so the insurer or group will have the ability to identify, assess, manage and report on its identified materials risks. For now, small insurers and groups are exempt from the requirements, but may still be required to submit ORSA reports based on certain criteria. Additionally, this legislation requires ORSA summary reports, which include confidential information about the insurers’ business models. And lastly, changes were made to codify current DOI procedures.
Barbering Licensure (HB 4790/PA 98-0911): Brings barbering as a profession to the same oversight standards as cosmetology.
Monticello Debt Limit (HB 4995/PA 98-0912): Allows Monticello Community Unit School District 25 to exceed its statutory debt limit by issuing bonds with an aggregate principal amount not to exceed $35 million if specific conditions are met including voter approval.
Trapping License (HB 5079/PA 98-0913): An initiative of the Illinois Trappers Association to assure that trappers are competent. After Jan. 1, 2015, anyone who has not held a valid trapping license within three years preceding the license application must provide evidence of competency, as provided within the Wildlife Code. The upswing in fur prices in the last few years have led to an increase in people trapping for the first time. It has been found that a lot of these trappers have little or no real knowledge of how to trap resulting in an increase in non-targeted animals (such as dogs and cats) being inadvertently captured. The Department of Natural Resources offers an online trapper education course, which will give novices basic knowledge of how to properly set and maintain traps, kinds of traps to use, and how to avoid unwanted species. The “grandfather” clause is added to accommodate trappers who are already licensed and engaged in this activity beyond the basic level.
Commercial Hunting Regulations (HB 5080/PA 98-0914): Initiative of the Conservation Police Lodge to update waterfowl outfitter regulations. This legislation would allow them to be regulated similarly to what is in place for deer and wild turkey outfitters. The legislation also includes deer and wild turkey under the outfitter permit provision and provides that anyone who provides or offers, for compensation, outfitting services for deer, waterfowl, or wild turkey hunting without a permit shall be charged with a Class B misdemeanor.
Native Fish for Bait (HB 5082/PA 98-0915): Allows bighead carp, black carp, grass carp, and silver carp to be taken with a casting net or shad scoop and used as bait on the body of water where collected, if killed immediately, by a person with a valid sport fishing license. Additionally, it also allows mooneye, goldeye, skipjack herring, carp (other than bighead carp, black carp, grass carp, and silver carp), buffalo, suckers, gar, bowfin, shad, and drum to be taken with a casting net or shad scoop and used for live or dead bait where collected, by a person with a valid sport fishing license.
Milford Schools Debt Limit (HB 5283/PA 98-0916): Allows a new school district comprised of Milford Community Consolidated SD 280 and Milford Township High School District 233 to exceed its statutory debt limit by issuing bonds with an aggregate principal amount not to exceed $17.5 million if five specific conditions are met including voter approval.
Support Personnel (HB 5286/PA 98-0917): Provides that the holder of a Professional Educator License
can qualify for principal endorsement if they have four years working in the capacity of school support personnel, among other qualifications. This additional parameter will only be valid for five years, until June 30, 2019.
Counseling Services Law (HB 5288/PA 98-0918): Deletes existing provisions regarding school counseling services in public schools and rewrites them in much greater detail.
Grooming (HB 5290/PA 98-0919): Adds a new provision to the “grooming” statute, in which someone uses the Internet to seduce or entice a child to commit a sex offense, to stipulate that the crime would also include the distribution of photographs depicting the sex organs of a child.
“Pay it Forward, Pay it Back” Study (HB 5323/PA 98-0920): Requires the Illinois Student Assistance Commission to study the practical and fiscal impact Pennsylvania’s “Pay it Forward, Pay it Back” program and also survey the other 48 states to see what, if any, program they have that is similar. “Pay it Forward, Pay it Back” is a loan program that allows students to pay back tuition and fees based on their post graduate income. ISAC would have to report its findings by Dec. 1, 2014.
Sex Offender Tips (HB 5415/PA 98-0921): Requires the State Police to note on its website that rewards “may be” awarded for people who provide tips on the whereabouts of a missing sex offender. The current language guarantees that an award will be granted for such information.
Penalty Relief (HB 5438/PA 98-0922): Allows the Comptroller to opt for discretionary penalty relief for local government units filing delinquent financial reports, in response to situations in which the reports are filed late due to circumstances beyond their control.
Pesticides (HB 5464/PA 98-0923): Streamlines the application process for licensing agricultural pesticide applicators.
Trapped Animals – .22 Caliber (HB 5514/PA 98-0924): Allows an individual to use a firearm, pistol, or airgun of no more than .22 caliber to remove beaver, river otter, weasel, mink or muskrat from a trap during the open trap season. Current law does not state how trapped beaver, river otter, weasel, mink or muskrat may be killed.
Tax Refund Rules (HB 5564/PA 98-0925): Requires the Department of Revenue to develop rules on applying a refund due to estimated tax liabilities. Currently, the Department may do this, but is not required to. The bill allows a taxpayer to apply a refund due to their estimated tax payment. A taxpayer would make the election to apply the refund to their estimated taxes on their return.
Drilling Permits (HB 5567/PA 98-0926): Requires the Department of Natural Resources (DNR) to respond to oil and gas drilling permit applications within 20 days (either deny or accept). Current law is ambiguous and drillers argue that DNR is sometimes taking years to issue permits. Drillers are seeking to expedite the issuance or denial of permits.
Vehicle Insurance Damages (HB 5575/PA 98-0927): Increases the dollar amounts that trigger binding arbitration between auto insurance companies in certain auto claims disputes: $75,000 (instead of $50,000) for bodily injury or death of any one person, and $150,000 (instead of $100,000) for bodily injury to or death of two or more persons.
Plainfield Park District Board (HB 5593/PA 98-0928): Adds two members to the Plainfield Park District to make it a seven member board. The two new members will be appointed one each by the Park District’s legislators – currently Representative Cross and Senator Bertino-Tarrant. This is an attempt to address perceived mismanagement and ethical problems of the current board. Opponents raised concerns that it was an extreme measure to circumvent an elected park board and it would be better resolved through an election.
Recorder Electronic Stamp (HB 5613/PA 98-09029): Requires the county recorder of deeds to remit the real estate transfer tax electronically if the recorder uses an electronic stamp. Requires the tax to be remitted within the first 10 days of the month following the month in which the tax is paid. The return shall include information required by the Department of Revenue.
Email Address Access (HB 5623/PA 98-0930): Requires that a unit of local government or school district, which maintains a website other than a social media or networking website, post an email address which members of the public can use to communicate with elected officials of that unit of local government or school district. The requirement does not apply if such officials have an individual email address for that purpose. The bill exempts units of local government or school districts who serve a population of more than 1,000,000 (Chicago). States that a hyperlink to the email address must be easily accessible from the unit of local government or school district home page.
Benefit Fraud (HB 5682/PA 98-0931): Makes it a Class C misdemeanor for any person to assist or represent another person in completing or submitting an application for benefits under the federal (SNAP) program, the State's (AABD) program, or the State's (TANF) program in exchange for a portion of the applicant's SNAP, AABD, or TANF benefits or cash or any other form of payment.
Municipal Pension Clean-Up (HB 5696/ PA 98-0932): This is a largely technical clean-up of the municipal pension code. Removes language for closed transfer windows. Allows members who were qualified members but were not actual members yet to receive credit. Allows IMRF to not have to go through the Trustee election process if there is only one eligible nominee on the ballot.
Real Estate Appraisal (HB 5709/PA 98-0933): Allows municipal engineers under certain instances to complete valuation waivers, instead of using an appraiser, for property under $10,000. The legislation is an initiative of the Illinois Municipal League.
Precious Metals Task Force (HB 5845/PA 98-0934): The legislation extends the Precious Metals Task Force deadline to report their findings from Dec. 31, 2013 to Dec. 31, 2014.
Home Care Rights (HB 5852/PA 98-0935): Provides that older adults and persons with disabilities receiving home care services have the right to basic safety; information concerning the availability of home care services; choice, participation, and self-determination with planning home care services; care and services in a way that promotes dignity and individuality; and redress of grievances.
Tattooing Minors (HB 5858/PA 98-0936): States that the offense of tattooing the body of a minor does not apply to the removal of a tattoo from a sex trafficking victim or someone who has been a street gang member.
Property Tax Exemptions (HB 5893/PA 98-0937): Requires taxpayers in Cook County to notify fire protection districts of any property tax exemption they are requesting greater than $100,000. The taxpayer shall mail a copy of the application. They are currently required to send notice to other affected taxing districts.
Appellate Prosecutors (HB 5899/PA 98-0938): Creates a committee within the office of the State’s Attorneys Appellate Prosecutor to evaluate training, protocol and other best practices procedures related to the prosecution of serious offenses within this state.
Alcohol Server Requirements (HB 5926/PA 98-0939): Requires all alcohol servers in Cook County to be BASSET (Beverage Alcohol Sellers and Servers Education and Training) certified. Provides the criteria for training modules and certificate programs to be implemented with the approval of the Illinois Liquor Control Commission. Also provides exemptions for certain “alcohol servers.”
Restitution (HB 5950/PA 98-0940): Sets forth procedures for a crime victim, through the court, to enforce the payment of restitution by a convicted person sentenced to probation, conditional discharge, or supervision. If payment of restitution as ordered has not been made, the victim can file a petition that restitution payments are still unpaid. The court then would hold a review hearing to either extend the probation, conditional discharge, or supervision or issue a judgment for the unpaid restitution.
Liquor Commission Powers (SB 728/PA 98-0941): Creates a statutory look-back date of five years for the Liquor Control Commission to review a license holder's previous activity in determining penalties for the infraction of sale of alcohol to a minor. Also provides that an agent of the Liquor Control Commission does not have the authority to inspect private areas of the premises without reasonable suspicion or a warrant. These private areas include safes, personal property, and closed desks.
Sewer Cleaning Vehicles (SB 2620/PA 98-0942): Provides that weight limitations up to 66,000 pounds are allowed for sewer cleaning vehicles when operated or hired by a municipality when executing the emergency repair of sewers. These vehicles may not operate on the interstate or cross bridges. This will only apply to Cook, Lake, McHenry, Kane, DuPage, and Will Counties.
Defendant Costs (SB 2650/PA 98-0943): Provides that a defendant whose conviction is reversed on final appeal or by a finding of factual innocence is not liable for court costs or fees or for any charge of subsistence while detained in custody. If the defendant has paid any costs, fine, or fees, it will be refunded to the defendant.
Fitness to Stand Trial (SB 2800/PA 98-0944): Reinstates the provision regarding the return of a defendant to the county jail before the court hearing to reexamine the defendant's fitness to stand trial once the supervisor of the defendant's treatment submits his report. Requires the Department of Human Services to prepare a report on the impact of the reinstated provision to the Governor and the General Assembly on or before January 2, 2016.
ISP Memorial Park License (SB 2978/PA 98-0945): States that Illinois State Police Memorial Park License Plates can only be issued to active or retired law enforcement officers or their family members, surviving family members of deceased law enforcement officers and members of or donors to the Illinois State Police Heritage Foundation. Also allows these plates on motorcycles over 150cc.
Trust Definitions/Guidelines (SB 2984/PA 98-0946): As amended, this bill improves portions of the “virtual representation” sections in the Trusts and Trustees Act and makes thirteen (13) minor changes that mostly alter the distribution of assets and tax responsibilities.
School Psychologist Endorsement (SB 2989/PA 98-0947): Adds an additional category for those who can meet the definition of school psychologist. Allows a psychologist who holds a valid National Certified School Psychologist (NCSP) certificate and has met additional qualifications as required by the Illinois State Board of Education to meet the definition of school psychologist.
DNA Testing (SB 2995/PA 98-0948): Permits inclusion in a defendant's prima facie case for forensic DNA testing of evidence that was not subject to testing at the time of his or her trial or guilty plea if identity was an issue in the investigation that resulted in his or her conviction, even if he or she confessed or admitted to the crime.
Erroneous Mobile Home Sales (SB 3027/PA 98-0949): Provides that the county collector may declare an administrative sale in error if a mobile home was not subject to taxation; the taxes had been paid prior to the sale of the mobile home; and prior to the tax sale a voluntary or involuntary petition has been filed by or against the legal or beneficial owner of the mobile home requesting relief under the provisions of Chapter 7, 11, 12, or 13; or the mobile home is owned by the United States, the State of Illinois, a municipality, or a taxing district.
Check Information (SB 3029/PA 98-0950): Allows banks to not have to put the month and date in which the account was opened on each check.
Water Wells (SB 3055/PA 98-0951): Replaces the current definition of "modification" with a more detailed definition. The new definition specifies that modification includes, but is not limited to, deepening, elimination of a buried suction line, installation of a liner, replacing, repairing, or extending casing, or replacement of a well screen. It also specifies that modification of closed loop wells includes alterations to current borehole. It also updates the definition of a "closed loop well" to include bore-hole piping and heat-exchange fluid.
Library Procurement (SB 3071/PA 98-0952): Allows local libraries and library districts to accept contract bids other than the lowest bid for certain projects when the cost of those projects exceed $20,000 and the lowest bid fails to meet the library’s established specifications, including terms of delivery, quality and other requirements. The bill also identifies the types of contracts not subject to competitive bidding. It exempts emergency expenditures from competitive bidding when the emergency expenditure is approved by three-quarters of the members of the board.
Extending Probation (SB 3074/PA 98-0953): Allows a court to extend a defendant's term of probation or conditional discharge that was concurrent to, consecutive to, or otherwise interrupted by a term of imprisonment for the purpose of providing additional time to complete an order of restitution.
Criminal Violations (SB 3110/PA 98-0954): Adds an exception to the physician-patient privilege for situations where a grand jury subpoena is issued and requires the State's Attorney to seek a protective order in certain cases. Requires the State's Attorney to petition the court for a protective order in cases where the grand jury subpoena exception is being used to pierce the physician-patient privilege. A protective order must be sought in any criminal action where the charge is domestic battery, aggravated domestic battery, or an offense under Article 11 of the Criminal Code (sex offense), where the patient is under the age of 18 years or upon the request of the patient.
Criminal Justice Information Authority (SB 3137/PA 98-0955): Provides that members of the Illinois Criminal Justice Information Authority shall be subject to confirmation by the Senate.
Propane Emergency Weight Limits (SB 3139/PA 98-0956): Provides that during a declaration of an emergency propane supply disaster by the Governor under the Illinois Emergency Management Agency Act, propane trucks may weigh up to 90,000 pounds.
Housing Opportunity Program (SB 3147/PA 98-0957): Extends the Housing Opportunity Area Abatement Program by an additional 10 years to 2024. The program provides property tax abatements to landlords who rent to housing voucher clients in opportunity areas. These programs exist in Cook County.
Dairy Products (SB 3157/PA 98-0958): Brings Illinois into line with federal U.S. Department of Agriculture standards by modifying definitions in the Grade A Pasteurized Milk and Milk Products Act; making enforcing agencies responsible to prevent the distribution of adulterated milk and milk products; and revising testing rules.
Mobile Structure Safety (SB 3176/PA 98-0959): Places strict definitions on the approved sizes, sales and manufacturing methods of manufactured housing. Adds additional duties and oversight responsibilities for the Department of Public Health to enforce the Act’s guidelines. Sets steep penalties that can be levied against unit owners and/or lot owners.
Veterans and Police (SB 3225/PA 98-0960): Authorizes the Law Enforcement Training Standards Board to conduct a training program on veterans' awareness.
Maintenance Award (SB 3231/PA 98-0961): Provides that no judge may award maintenance in the event of a dissolution of marriage without first determining that it is appropriate. Further provides standard guidelines for the amount of maintenance to be paid in most instances.
Corrects Tire Fee Change (SB 3234/PA 98-0962): Corrects a reference regarding tire user fees and method of remittance. Currently, there is a tire user fee of $2.50 per tire. This fee is usually paid by the retailer to the Department of Revenue directly. There is also an option for the retailer to pay the fee to the tire supplier upon purchasing the tires and then the supplier would remit this fee to the Department of Revenue. The paragraph allowing the remittance through the supplier was never updated from the $1 fee to the $2.50 fee. This appears to be a drafting error from when the fee was increased in 2003.
Electronic Billing (SB 3256/PA 98-0963): Allows facilities for persons with intellectual disabilities and developmental disabilities to electronically submit monthly billing claims for reimbursement purposes.
Motor Fuel Taxes (SB 3262/PA 98-0964): Links the interest rate for motor fuel tax remittance with the rates established by the International Motor Fuel Tax Agreement (IMFTA).
Treasurer’s Administrative Fee (SB 3276/PA 98-0965): Allows the state treasurer to retain an administrative charge of up to 2% on new fees, fines, or other collections collected by the Treasurer from circuit clerks, county clerks, and other non-Agency entities. The charge would not apply to existing fees or to fees from state agencies.
Process Servers and Gated Communities (SB 3286/PA 98-0966): Requires gated residential communities, including condominium associations or cooperatives, to grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness.
MAP Enrollment (SB 3306/PA 98-0967): Creates a two-year pilot program where there will be a second MAP enrollment period for dislocated workers after the initial suspension date is announced.
Off-Track Betting (SB 3318/PA 98-0968): Allows any Illinois horse racing track to locate an Off Track Betting (OTB) facility within 140 miles of the track (currently racetracks in Madison and Rock Island counties can locate an OTB within 135 miles of the track and racetracks in all other counties within 90 miles of the track). Also gives horse racing tracks the ability to conduct simulcast programs at OTBs on races outside of North America. The simulcast provision is for one year after the bill becomes effective. Following the one year, current requirements for acceptance of wagers is restored.
Insurance Code (SB 3322/PA 98-0969): This is an initiative of the Illinois Department of Insurance. It is a code "clean-up" bill and repeals several archaic and inconsistent sections of the Insurance Code, some in relation to the "Budgeting for Results" initiative.
Incapacitated Taxpayers (SB 3334/PA 98-0970): Brings the state into line with a U.S. Supreme Court Case and Congressional action which adjusted the statute of limitations for filing refund claims in cases of taxpayers who are mentally or physically incapacitated. The designation of financially disabled does not apply when a spouse, or another person, is authorized to make financial decisions on behalf of the taxpayer.
Dealer Plates (SB 3402/PA 98-0971): Allows vehicles with dealer plates issued from another state that are being brought to Illinois to have repairs performed to be exempt from registration requirements of the Illinois Vehicle Code.
Common Core Standards (SB 3412/PA 98-0972): Allows for new assessments that will be aligned to the Common Core standards. The new language clarifies the frequency and types of assessments that will required for Illinois school children.
It more tightly defines the composition of the Assessment Review Committee, repeals a section of the School Code regarding student assessments, and adds provisions to allow for new assessments that will be aligned to the Common Core standards.
The new language removes specific references to the Prairie State Achievement Exam (PSAE) and replaces the specific test name with a general framework for a new assessment system, with the intention of adopting an assessment system (PARCC) that will be aligned to the Illinois Learning (Common Core) Standards which were updated in English Language Arts and mathematics in 2010.
Emergency Medical Services (SB 3414/PA 98-0973): Updates Illinois' EMS regulatory standards in order to comply with National EMS Educational Standards. It grants the Department of Public Health the power to impose fines on stretcher-van providers and to temporarily modify the scope of practice of EMS personnel. It also makes other technical changes.
Certificate of Registration (SB 3448/PA 98-0974): Reduces the expiration notice of a retailer’s certificate of registration from 120 to 60 days if a taxpayer is in default or owes money that is required to be remitted. The notice is sent by the Department of Revenue.
Minor’s Mental Health & Police Action (SB 3468/PA 98-0975): Allows a police officer to take a minor into custody without personally witnessing dangerous behavior so long as the police officer transports the minor in question to a mental health facility and is doing to prevent further harm or danger to other individuals. This will bring the law relating to minors in line with a current statute dealing with involuntary admission of adults.
Architects (SB 3488/PA 98-0976): “Clean up” of the Illinois Architecture Practice Act of 1989 to bring it into conformity with other statutes and with actual practice.
Urgent Care (SB 3506/PA 98-0977): Authorizes use of the terms “urgent” or "urgi" for facilities that provide care at a walk-in medical clinic. Current law prohibits these terms from being used in the name of the facility.
Insurance Code (SB 3324/PA 98-0978): Makes changes to the surplus lines article of the Insurance Code. These changes bring Illinois statutes into compliance with federal laws, close a tax loophole and make other technical changes.
Smoke Free Campus Trailer (HB 3961/PA 98-0979): This is a “trailer” bill to SB 2202 (Smoke Free Campus Act). Provides that if SB 2202 becomes law, then smoking in a parked car on a college campus is allowed.
Aggravated Meth Manufacturing (HB 4093/PA 98-0980): Includes in the offense of aggravated participation in the manufacture of methamphetamine, methamphetamine manufacturing that occurs within 1,000 feet of the real property comprising any school. The purpose is to create consistency with other drug statutes, which provide enhanced penalties for manufacture or distribution that occurs within 1,000 feet of a school.
Kratom (HB 5526/PA 98-0981): Prohibits a person under 18 from knowingly possessing kratom or using a fake ID to attempt to obtain a product containing kratom. Prohibits any person from knowingly selling or distributing a product containing kratom to a person under 18. Kratom has been sold for medicinal purposes; however, teens are showing up in the ER after using it to try and get high.
Racial Classification (HB 5793/PA 98-0982): Creates the Uniform Racial Classification Act to require uniform standards for any State Agency report using racial or ethnic classifications.
E-Cigarette Restrictions (HB 5868/PA 98-0983): Requires e-cigarettes to be sold from behind the counter, in an age restricted area, or in a sealed display case.
Child Support Card Fees (SB 640/PA 98-0984): Prohibits fees at ATMs and other terminals if the consumer is using a general use reloadable card issued by the IL State Disbursement Unit for his or her child support payments.
Smoke-Free Campus (SB 2202/PA 98-0985): Beginning on July 1, 2015, smoking is prohibited on the campuses of all state supported institutions of higher education and public community colleges. A controversial section of the legislation that would prohibit smoking inside of a private vehicle that is parked on campus was addressed in HB 3961.
Illinois Joining Forces Foundation (SB 3222/PA 98-0986): Creates the Illinois Joining Forces Foundation, a not for profit entity aimed at helping veterans and returning veterans navigate the opportunities and assistance available to them. A "one-stop shop" so to speak that will serve as a vehicle to assess any assistance or opportunities geared towards veterans. The Foundation will work in cooperation with the Department of Veterans Affairs and the Illinois Military affairs.
Controlled Substances (SB 3275/PA 98-0987): Adds "25I-NBOMe," "25B-NBOMe" and "25C-NBOMe" to the list of Schedule I controlled substances. This is in response to a powerful new hallucinogenic synthetic drug which has caused overdoses and fatalities in youth. It has been marketed as an LSD substitute as it targets the same serotonin receptor as many other hallucinogens including LSD. Small amounts can cause seizures, cardiac and respiratory arrest, and death. According to the DEA, reports from medical examiners link at least 19 deaths of people aged 15-29 years in the U.S. between March 2012 and August 2013.
Filing Complaints Electronically (HB 5703/PA 98-0988): Allows a complaint under the Nursing Home Care Act to be submitted by electronic means. The state Department of Public Health (DPH) must make information available, regarding the oral and phone intake processes and the list of questions that will be asked of the complainant. Requires DPH to conduct an annual review and make a report concerning the complaint process.
Long Term Care Ombudsman (SB 798/PA 98-0989): Makes changes to the law governing the Illinois Long Term Care Ombudsman. The Ombudsman investigates and seeks to resolve complaints made by or for residents of nursing or long-term care programs and participants in home or community-based care programs. This measure would revise definitions, increase the ombudsman’s ability to access participants, alters the violation-reporting mandate, and permits the establishment of regional multi-disciplinary teams to assist the ombudsman.
Medication Aides (SB 2958/PA 98-0990): Creates a pilot program for “medication aides-certified.” These aides would be able to administer medication under the supervision of a registered nurse in participating nursing homes.
Payment Systems (HB 3681/PA 98-0991): This bill is a response to technology changes in the electronic payments industry and is intended to increase flexibility. Payment systems that allow a consumer to pay for a good or service using a wireless phone or tablet rather than a desktop computer have been inadvertently subjected to state regulation. For example, in January 2013, the Department of Financial and Professional Regulation (DFPR) sent a cease-and-desist order to Square, Inc., a San Francisco-based provider of mobile credit card reading services.
Video Conferencing Quorum (HB 3798/PA 98-0992): Provides that members of a local workforce investment area are not required to be physically present for an open meeting if the local workforce investment area covers more than 4,500 square miles. Instead, they can be considered present at the meeting via video conferencing and be counted towards obtaining a quorum.
Architecture & Engineering Licensure (HB 4535/PA 98-0993): Allows architects, professional engineers, and structural engineers to opt out of submitting certification of the Test of English as a Foreign Language if they have earned an advanced degree from an accredited institution in the United States.
Domestic Violence Penalty Enhancements (HB 4653/PA 98-0994): This is a “clean-up” bill in current law to ensure that prior convictions for domestic battery, or for any offense which is substantially similar, that occurs in another jurisdiction will trigger penalty enhancements.
Firefighter Age for Veterans (HB 4741/PA 98-0995): The measure would create an exception to the requirement that firefighter applicants be under 35 years of age. The exception would exist for an applicant who turned 35 while serving as a member the Armed Forces or the National Guard, whose service was characterized as honorable, and who is currently under age 40.
Condominium Rental & Foreclosure (HB 4782/PA 98-0996): Allows a condominium association board to rent a foreclosed property for longer than previously permitted by state statute.
Patient Assessment (HB 5488/PA 98-0997): Requires the Department of Healthcare and Family Services (HFS) to electronically accept the current federal CMS CARE Tool from Long Term Acute Care Hospitals instead of the HFS-modified version, in order to avoid duplication of efforts.
WIU Property Transfer (HB 5678/PA 98-0998): The legislation would allow the Western Illinois University Board of Trustees to unilaterally sell, lease or convey land in Moline.
WIU Trustee Meetings (HB 5681/PA 98-0999): The legislation codifies that one of the Western Illinois University Board of Trustees quarterly meetings will be held on the Moline campus.
Military Dependents (HB 5697/PA 98-1000): Allows dependents of military service members to keep eligibility for developmental disability services if their guardians leave the state due to deployment. It is estimated that this will affect only 10 to 20 people, and does not expand eligibility.
Stroke Treatment (HB 5742/PA 98-1001): This legislation 1) creates a state designation for Comprehensive Stroke Centers; 2) re-designates Emergent Stroke Ready Hospitals as Acute Stroke-Ready Hospitals; 3) provides for state-designation fees for Primary Stroke Centers, Comprehensive Stroke Centers, and Acute Stroke-Ready Hospitals; 4) creates the Stroke Data Collection Fund; 5) provides for more rigorous stroke-data collection requirements; 6) modifies the membership of the State Stroke Advisory Subcommittee; 7) modifies the membership of Regional Stroke Advisory Subcommittees; and 8) makes other changes.
Local Government Dissolution (HB 5785/PA 98-1002): Allows for the termination and consolidation of different kinds of local government districts to a second contiguous or coterminous district, if the authorities of the second district agree to accept the functions of the district. An amendment exempts Multi-Township Assessment Districts from the list. Typically, the legislation would apply to county historical museum districts, cemetery maintenance districts, civic centers, public health districts, tuberculosis sanitarium districts, museum districts, international port districts, solid waste disposal districts, street light districts, surface water protection districts, water service districts, water authorities and water commissions.
Fire Protection Districts (HB 5856/PA 98-1003): Provides for a streamlined process to dissolve and consolidate fire protection districts. It would allow fire protection districts to be simultaneously dissolved and consolidated into an adjoining fire protection district upon petition, hearing, and a majority vote, provided the board of trustees of an adjoining district agrees - by resolution - to accept the territory of the consolidating district.
Clean-Up (HB 5935/PA 98-1004): Updates language and makes other technical changes to correct drafting errors in three bills from the 97th G.A.: the Public Labor Relations Act, the Disabled Persons Rehabilitation Act, and the Mental Health and Developmental Disabilities Administrative Act.
Obama Memorabilia Donation (SB 125/PA 98-1005): Allows the Secretary of the Senate to loan or donate to a presidential library or museum any books, items, furniture, equipment or other materials or property of former Illinois State Senator Barack Obama if such items are in the possession or control of the Senate. The loan or donation will be on the terms and conditions which the Secretary of the Senate deems to be the best interest of the state.
Visa Waiver Fees (SB 3440/PA 98-1006): Authorizes the Center for Rural Health to collect fees for administering the J-1 Visa Waiver Program (for international medical graduates). The fees shall be deposited into the Rural/Downstate Health Access Fund and used to fund the J-1 Visa Waiver Program. It also authorizes the spending of funds in the Rural/Downstate Health Access Fund on programs for the medically underserved.
Mine Subsidence (SB 3504/PA 98-1007): Makes changes in the law concerning mine subsidence insurance coverage.
Illinois Purchased Care Review Board (SB 3554/PA 98-1008): Adds one non-voting member to the Illinois Purchased Care Review Board. Requires that the new member be an administrator of a private, nonpublic, special education school. The Illinois Purchased Care Review Board is responsible for determining allowable costs for school districts for special education services including room and board, and other related services that are provided by non-public schools or special education facilities.
Sealing Records (HB 2378/PA 98-1009): Allows a petitioner to petition the circuit court to seal his or her conviction record for the following misdemeanor "crimes of violence": Assault; Aggravated assault; Battery; or Reckless conduct in as little as 4 years after the termination of the petitioner's sentence.
Natural Resources Restoration (SB 3000/PA 98-1010): Creates the Natural Resource Restoration Trust Fund to receive funds to be used for injured or damaged natural resources from the Natural Resources Damage Assessment (NRDA) The NRDA is the process that allows Natural Resource Trustees to seek compensation for injuries to natural resources, and then restore, rehabilitate, replace, or acquire equivalent natural resources from funds paid into the Natural Resources Restoration Trust Fund.
Concussion Awareness (HB 5431/PA 98-1011): Requires the Illinois High School Association (IHSA) to develop an online certification for high school coaches and athletic directors regarding concussion awareness and how to reduce repetitive sub-concussive hits and concussions.