New Laws on January 1, 2010

BILLS WITH JANUARY 1, 2010 EFFECTIVE DATES

 

HB 867 (Osterman-Harris-Lang-Graham-Reboletti/Munoz-Collins-Hunter)

 

Amends the Criminal Code of 1961. Provides that the offense of aggravated battery with a firearm is also committed if the firearm is discharged on school grounds at a person known to be a student and causes injury to that student. Provides for enhanced penalties for carrying or possessing firearms or other dangerous weapons in a conveyance owned, leased, or contracted by a public transportation agency or on a public way within 1,000 feet of the real property comprising a public transportation facility. Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that the defendant committed an offense while the defendant or the victim was in a train, bus, or other vehicle used for public transportation.

 

HB 2409 (Washington-May-Osmond-Ryg/Garrett)

 

Amends the North Shore Sanitary District Act. In a provision pertaining to the mandatory competitive bid requirements of the sanitary district, exempts from the requirements contracts for the repair or replacement of equipment or facilities damaged as the result of an unexpected occurrence (flood, fire, tornado, or other disaster). Sets forth limitations on the exemption. Provides that the sanitary district may use a “design-build” procurement method for any public project under specified circumstances. Defines “design-build”. Provides that a sanitary district may use a “design-build” procurement method for any public project which shall not be subject to specified competitive bidding requirements. Provides that the board of trustees may establish a self-insurance program. Provides that the board of trustees may provide for payment by the sanitary district of the costs of a self-insurance program. Makes other changes.

 

SB 100 (Martinez/Mell)

 

Amends the Income Withholding for Support Act. Provides that a finding of a payor’s nonperformance within the time required under the Act must be documented by a certified mail return receipt or a sheriff’s or private process server’s proof of service (instead of by a certified mail return receipt) showing the date the income withholding notice was served on the payor.

 

SB 154 (Garrett-Raoul/Nekritz)

 

Amends the Condominium Property Act. Provides that bylaws shall provide what percentage of unit owners, of other than 20%, shall constitute a quorum provided that for condominiums over 20 units the percentage of unit owners shall be 20% unless the unit owners with a majority percentage in the association provide for a higher percentage in voting on amendments to the bylaws, a unit owner in arrears on his or her regular or separate assessments for more than 60 days shall not be counted for purposes of determining if a quorum is present, but that unit owner retains the right to vote on amendments to the association’s bylaws.

 

SB 187 (Maloney-Althoff/Smith)

 

Amends the School Code with respect to administrative certificates. Allows for a chief school business official endorsement if, among other conditions, the certificate holder has 2 years of university-approved practical experience (as an alternative to requiring 2 years of administrative experience in school business management).

 

SB 223 (Forby-Raoul-Collins/Miller-Saviano-Osterman-Soto-Phelps)

 

Amends the definition of “public works” in the Prevailing Wage Act. Provides that “public works” includes all projects financed in whole or in part with bonds, grants, loans, or other funds made available by or through the State or any of its political subdivisions. Provides that “public works” does not include: work done directly by any public utility company, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds; or projects undertaken by the owner at an owner-occupied single-family residence or at an owner-occupied unit of a multi-family residence.

 

SB 1269 (Steans/Reitz)

 

Creates the Lead Sinker Act.  Provides that, subject to appropriation, the Department of Natural Resources may institute an educational program to discourage the use of lead sinkers and lead jigs within one year after the effective date of the Act.  Establishes what must be included in the educational program.  Provides that the purpose of the educational program is to inform the public about the adverse, though unintended, effects of lead on wildlife; ways to reduce the introduction of lead into the environment through personal action; the potential risk to public health from working with lead; and the availability of alternatives to lead jigs and sinkers.

 

SB 1389 (Wilhelmi/Nekritz)

 

Amends the Library Incorporation Act, the State Housing Act, the Neighborhood Redevelopment Corporation Law, the Business Corporation Act of 1983, the General Not For Profit Corporation Act of 1986, the Co-operative Act, and the Cemetery Association Act. Eliminates the term “certificate” in the various acts. In the amendatory changes to the Co-operative Act, eliminates language requiring the Secretary of State to issue a certificate of incorporation along with a duplicate copy to an incorporator whose articles of incorporation conform to law, and instead provides that the Secretary of State shall return a true copy of the articles of incorporation to the incorporators or their representative, who shall within 15 days file such document for record in the office of the recorder. Updates references in the State Housing Act to the General Not For Profit Corporation Act of 1986 (rather than the General Not For Profit Corporation Act). Effective January 1, 2010.

 

SB 1541 (Bond/Froehlich)

 

Amends the Illinois Vehicle Code.  Provides that a special parking decal or device for a person with disabilities may be used by the authorized holder, rather than the special parking decal or device being the property of the person with disabilities. Removes language concerning the revocation or suspension of a person’s driving privileges and revocation of disability license plates or parking decals or devices for violation of provisions concerning the unauthorized use of parking places reserved for persons with disabilities because similar language appears elsewhere in those provisions. Provides that a police officer may seize the parking decal or device from any person who commits a violation of the unauthorized use of parking places reserved for persons with disabilities provision, may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of that provision, and may seize the disability license plate upon authorization from the Secretary of State.

 

HB 52 (Schmitz-Cross-Pritchard-Chapa LaVia-Ford/HUtchinson-Holmes-Crotty)

 

Amends the Illinois Vehicle Code. Deletes provisions requiring a 100% disability and eligibility for the purchase of a vehicle by the federal government as conditions for eligibility for disabled veterans’ registration plates. Replaces the deleted provisions with provisions requiring that the veteran hold proof of a service-connected disability from the United States Department of Veterans Affairs and that a licensed physician, physician assistant, or advanced practice nurse has certified that the veteran qualifies for issuance of registration plates or decals to a person with disabilities. Repeals other provisions that authorized the issuance of handicapped veterans’ registration plates to disabled veterans who have less than 100% disability and are eligible for the purchase of a vehicle by the federal government, and deletes cross-references to the repealed provisions.

 

HB 849 (Brauer-Poe-Mitchell, J.-Jakobsson-Flowers/Hutchinson-Harmon)

 

Amends the Illinois Municipal Code. In a Section concerning veterans’ preference, provides that “active duty military or naval service of the United States” includes training at a service school,  if that training has been ordered pursuant to certain provisions of federal law. Provides that, if a person has been deployed, then “active duty military or naval service of the United States” includes training at a service school, if that training has been ordered pursuant to certain provisions of federal law.

 

HB 2281 (Bellock-Chapa LaVia-Stephens-Golar-Reboletti/Althoff-Dillard-Lauzen)

 

Amends the Unified Code of Corrections. Provides that before the sentencing hearing and as part of the presentence investigation, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States. Provides that if the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may: (1) order that the officer preparing the presentence report consult with the United States Department of Veterans Affairs, Illinois Department of Veterans’ Affairs, or another agency or person with suitable knowledge or experience for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, State, and local programming; and (2) consider the treatment recommendations of any diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.

 

HB 4236 (Mautino/Sullivan-Harmon-Dahl)

 

Amends the Department of Veterans Affairs Act. Removes the provision that a veterans home resident’s maintenance charges must be paid first and to the fullest extent possible from sources of income other than pensions or compensation paid by the U.S. Department of Veterans Affairs.

 

SB 206 (Bond-Collins-Hutchinson-Martinez-Noland/Riley-Chapa LaVia)

 

Amends the Illinois Procurement Code. Creates a task force to establish a percentage goal of State contracts to be awarded to businesses owned by qualified disabled veterans. Requires the Task Force report its recommendations to the General Assembly 90 days after the effective date.  Defines a qualified disabled veteran-owned business as a business entity 51% or more owned by one or more disabled veterans. Requires that the Department of Central Management Services report annually to the General Assembly on the attainment of the percentage goal, based on information reported by chief procurement officers. Requires chief procurement officers to make recommendations on the percentage goal, with input from statewide veterans’ service organizations and the business community.  Requires the Governor to recommend to the General Assembly changes in programs to assist qualified disabled veterans.

 

SB 1462 (Dahl/McAsey)

 

Amends the Counties Code. Requires that a county board designate a person who shall cause to be properly interred the body of any honorably discharged veteran who served with the armed forces of the United States in any congressionally sanctioned war or conflict after the Viet Nam Conflict, in addition to currently eligible veterans. Provides that the expense of the burial for all eligible veterans shall not exceed $900 (instead of $600).

 

SB 1837 (Demuzio/Jefferson-Farnham)

 

Amends the Department of Veterans Affairs Act. Removes the provision that a veterans home resident’s maintenance charges must be paid first and to the fullest extent possible from sources of income other than pensions or compensation paid by the U.S. Department of Veterans Affairs.

 

SB 2046 (Kotowski/Walker-Mell)

 

Amends the Illinois Income Tax Act concerning the credit for wages paid to qualified veterans. Increases the amount of the credit to 10% (but in no event to exceed $1,200) of the gross wages paid to qualified veterans.

 

SB 1906 (Koehler-Jacobs-Wilhelmi-Frerichs/Black-Mautino-Gordon, J.-Holbrook-Graham)

 

Amends the Illinois Finance Authority Act. Increases the authorization for certain agricultural assistance by $150,000,000. Authorizes bonds for “renewable energy resources projects” (in addition to clean coal and energy projects), including electric transmission lines and equipment and plants that produce renewable fuels. Allows clean coal projects to include transportation of carbon, clean coal facilities, and SNG facilities. Increases the authorization for bonds for financing coal and renewable energy projects by $300 million.  Provides that bond authorization for these purposes is in addition to and not limited by other bond limitations in the Act.

 

SB 1984 (Lightford-Martinez-Steans-Collins-Delgado/Davis, M.-Mitchell, J.-Ramey-Soto-Jefferson)

 

Amends the Charter Schools Law of the School Code and the Illinois Educational Labor Relations Act. Provides that a charter school shall comply with all provisions of the Illinois Educational Labor Relations Act; which is declaratory of existing law. Provides that “educational employer” under the Illinois Educational Labor Relations Act includes the governing body of a contract school or contract turnaround school established under certain provisions of the Chicago School District Article of the School Code. Provides that “educational employer” also includes a subcontractor of instructional services of a school district (other than the Chicago school district), combination of school districts, charter school, or contract school or contract turnaround school (instead of a subcontractor of instructional services, activities, or undertakings of a school district, combination of school districts, or charter school).

 

SB 42 (Millner-Kotowski-Collins, J./Ramey-Mendoza)

 

Amends the Mental Health and Developmental Disabilities Code and the Rights of Crime Victims and Witnesses Act.  Provides that if a criminal defendant has been found not guilty by reason of insanity of a violent crime that the victim or the victim’s spouse, guardian, parent, grandparent, or other immediate family of household member shall have the right to present a victim’s impact statement at the commitment hearing.  Provides that the court may only consider the impact statement along with other appropriate factors in determining: (1) threat of serious physical harm to the respondent or others (2) location of inpatient or outpatient mental health services (3) maximum period of commitment; and (4) conditions of release for outpatient mental health services.

 

SB 207 (Bond-Lauzen-Holmes-McCarter-Garrett/Sullivan-Cole-Pihos-Reboletti-Hatcher)

 

Amends the Property Tax Code. Requires each chief county assessment officer in counties with less than 3,000,000 inhabitants to provide to each residential taxpayer an assessment disclosure document that contains certain disclosures concerning the assessed valuation of homestead property. Requires the Department of Revenue to develop the proper form and manner of providing the information on the notice. Provides the board of review must provide the taxpayer with a detailed description of the rules and procedures for hearings before the board. Mandates the chief county assessment officer must provide detailed explanations of all equalization factors. Effective January 1, 2010.

 

SB 229 (Pankau-Collins/Reboletti)

 

Creates the Banking Convenience Account for Depositors Act.  Provides that a banking organization may permit a primary account holder to operate a convenience account for the purposes of permitting a convenience depositor to make deposits into that account.

                                                                                                                                                                                               

This legislation will improve protections and forward protections for individuals, such as the elderly, that have a family member or friend that is jointly listed under the elderly individual’s bank account for the purpose of paying monthly bills and rendering other forms of assistance.  This legislation creates a “Convenience Account” that prevents a primary account holder’s funds from being given to the joint account holder in the case of death.  Instead, the funds would be given to the executor, administrator, or qualified representative of the deceased individual’s estate.

 

SB 236 (Steans/Harris)

 

Amends the Illinois Vehicle Code.  Defines “low-speed electric bicycle” as having the same meaning ascribed to it in federal law (see Current Law section).  Defines “low-speed gas bicycle”.  Excludes low-speed electric and low-speed gas bicycles from the definition of “motor vehicle”. Provides that a person may operate a low-speed electric or low-speed gas bicycle only if the person is at least 16 years of age. Prohibits operation of a low-speed electric or low-speed gas bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway.  Prohibits operation of a low-speed electric or low-speed gas bicycle on a sidewalk. Provides that, except as otherwise provided, the provisions of the Article of the Code dealing with bicycles also apply to low-speed electric and low-speed gas bicycles.

 

SB 239 (Steans-Bond-Koehler-Kotowski-Collins. J./Harris)

 

Amends the Limited Liability Company Act. Allows for the creation of a low-profit limited liability company or L3C. Defines “L3C” or “low-profit limited liability company” to mean a for-profit limited liability company that does not have as a significant purpose the production of income or the appreciation of property and is organized for a business purpose that satisfies and is at all times operated to satisfy each of the following requirements: (1) it significantly furthers the accomplishment of one or more educational purposes within the meaning of the Internal Revenue Code of 1986 and would not have been formed but for the company’s relationship to the accomplishment of charitable or educational purposes; (2) no significant purpose of the company is the production of income or the appreciation of property; and (3) the purpose of the company is not to accomplish one or more political or legislative purposes. Provides that a company that no longer satisfies the requirements for a low-profit limited liability company continues to exist as a limited liability company and shall promptly amend its articles of organization so that its name and purposes no longer identify it as a low-profit limited liability. Establishes that any company not organized as a low-profit limited liability company may still elect a charitable or educational business purpose. Provides that the operating agreement of a low-profit limited liability company shall not eliminate or reduce the obligations or purposes a low-profit limited liability company undertakes when organized under the Limited Liability Company Act.

 

 

 

 

SB 1665 (Jacobs-Silverstein/Verschoore-Davis, M.-Flowers)

 

Amends the Critical Health Problems and Comprehensive Health Education Act and the Interscholastic Athletic Organization Act. Provides that the Comprehensive Health Education Program must include information about cancer (instead of allowing the early prevention and detection of cancer to be included). Requires an interscholastic athletic organization to include a question asking whether a student has a family history of cancer on any pre-participation examination form given to students participating or seeking to participate in interscholastic athletics. Provides that the organization may require that a testicular examination be conducted as a part of any physical required for a male student’s participation in interscholastic athletics.

 

HB 71 (D’Amico-Black-Jakobsson-Holbrook-Arroyo/Sandoval-Silverstein-Althoff-Frerichs)

 

Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.  Provides exceptions.  This is a primary stop offense and a moving violation.

 

HB 72 (D’Amico-Black-Jakobsson-Arroyo-Lyons/Althoff-Sandoval-Crotty)

 

Amends the Illinois Vehicle Code. Provides that a person, regardless of age, may not use a wireless telephone at any time while operating a motor vehicle on a roadway in a school speed zone or on a highway in a construction or maintenance speed zone.  Provides exceptions.

 

HB 151 (Mathias/Raoul)

 

Amends the Secretary of State Act. Provides that an attorney (or an attorney’s representative or guardian) who certifies that he or she has been unable to locate a testator after a diligent search may deposit the testator’s will with the Secretary of State.  Requires the Secretary of State to: index, store, and perform other duties with respect to deposited wills; deliver the will to the testator or a designee or to a person specified in a court order; deliver the will to a court upon being notified of the death of the testator; and respond to inquiries regarding the will under specified circumstances.  Contains provisions regarding fees, destruction of wills, immunity, and other matters. A deposit fee of $15 shall be charged by the Secretary of State.  Provides that upon notification of death and payment of a $10 retrieval fee, the Secretary of State shall promptly deliver the sealed will envelope to the clerk of the circuit court of the county in which the probate of the testator’s will may occur as determined under the Probate Act of 1975.  Provides that the index of wills created by the Secretary of State is a public record. Provides that fees collected in connection with the deposit of wills must be deposited into the Secretary of State Special Services Fund. Amends the Probate Act of 1975.  Provides that the requirement to file a will within 30 days does not apply to the Secretary of State when acting pursuant to the provisions concerning deposit of wills.

 

HB 244 (Pritchard-Mathias-Lang-Davis, M.-Berrios/Holmes)

 

Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code to require coverage for medically necessary preventative physical therapy for insureds diagnosed with multiple sclerosis. Amends the State Mandates Act to require implementation without reimbursement.

 

HB 338 (Franks/Althoff)

 

Amends the Illinois Renewable Fuels Development Program Act. Provides that a grant recipient must be constructing, modifying, altering, or retrofitting a plant that has annual production capacity of no less than 5,000,000 (now, 30,000,000) gallons of renewable fuel per year.

 

HB 370 (Bradley-Froehlich-Black/Forby-Holmes)

 

Amends the Illinois Vehicle Code. Provides that a person commits the offense of operation of an insured motor vehicle causing bodily harm (a Class A misdemeanor) when the person (i) operates a motor vehicle in violation of the mandatory insurance provisions of the Illinois Vehicle Code requiring certain motor vehicles operated on public highways to be covered by a liability insurance policy, and (ii) causes bodily harm to another person as a proximate result of the driver’s uninsured operation of the motor vehicle.                 

 

 

 

 

HB 446 (Dunkin-Froehlich/Hunter-Koehler)

 

Amends the Illinois Identification Card Act. Requires the Secretary of State to affix the signature or mark of the applicant for standard Illinois Identification Cards and Illinois Disabled Person Identification Cards, rather than requiring each applicant to affix his or her signature to the card upon receipt and prior to its use for any purpose.

 

SB 27 (Crotty-Althoff-Jones, E.- Maloney-Wilhelmi/Pihos-Thapedi-Walker)

 

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Endangered Missing Person Advisory. The Endangered Missing Person Advisory provides for the rapid dissemination of information regarding a missing person who is believed to be a “high-risk missing person”. Provides that the Endangered Missing Person Advisory is a regional system. Specifies the requirements of the alert system. Provides that the AMBER Plan Task Force shall serve as the task force for the Endangered Missing Person Advisory. Amends the Missing Persons Identification Act. In a Section defining “high-risk missing person”, provides that the definition includes persons with dementia-like symptoms.

 

HB 78 (Cole-Pihos-Bassi-Eddy-Ford/Koehler-Holmes-Collins)

 

Creates the Farm Fresh Schools Program Act.  Provides that the Department of Agriculture, in cooperation with the State Board of Education and the Department of Public Health, shall create the Farm Fresh Schools Program.  Proves that the intent of the Program is to reduce obesity and improve nutrition and public health, as well as strengthen local agricultural economies by increasing access to and promoting the consumption of locally grown fruits and vegetables in schools and increasing physical activities and programs that promote pupil wellness.  Provides that the Department of Agriculture and the State Board of Education shall jointly administer a process to review grant proposals and award grants on a competitive basis to eligible applicants to implement the Program.  Creates the Farm Fresh Schools Program Fund as a special fund in the State treasury.

 

HB 796 (Dugan-Eddy-Washington-Watson/Wilhelmi-Hutchinson)

 

Amends the Illinois Economic Opportunity Law, the Energy Assistance Act, and the Good Samaritan Energy Plan Act. Transfers the administration of the low-income energy assistance program (LIHEAP) and the weatherization assistance program from the Department of Healthcare and Family Services to the Department of Commerce and Economic Opportunity. Permits the Department of Commerce and Econimic Opportunity to set the maximum elgibility level for the Act’s assistance programs at 200% (now, 150%) of the poverty level until the earlier of July 1, 2012 or expiration of certain federal resources allocated under the federal economic stimulus program.

 

SB 1497 (Hunter/Hernandez-Pritchard-Chapa LaVia-Froehlich-Black)

 

Amends the Illinois Public Aid Code. Provides that medical services provided under the medical assistance program may include dental services provided by an individual licensed to practice dentistry or dental surgery and that “dental services” means diagnostic, preventive, or corrective procedures provided by or under the supervision of a dentist in the practice of his or her profession. Provides that dental services for persons who are participating in education, training, or employment programs operated by the Department of Human Services shall be provided by or under the supervision of a dentist (instead of providing that such dental services shall include but not be limited to prosthodontics).

 

HB 229 (Rose/Righter)

 

Amends the Wildlife Code. Requires the Department of Natural Resources, when determining which entities are eligible to be issued a free Wild Turkey Hunting Permit, to determine the total acreage of the applicable tract or tracts of land and round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre. Requires the Department of Natural Resources, when determining which entities are eligible to be issued a free deer hunting permit, to determine the total acreage of the applicable tract or tracts of land and round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre.

 

HB 466 (Jakobsson/Frerichs)

 

Amends the Illinois Municipal Code. Provides that property that is located in Champaign County and is the subject of an annexation agreement is subject to the ordinances, control, and jurisdiction of the annexing municipality if the property is located (i) within 1.5 miles of the corporate boundaries of the municipality or (ii) more than 1.5 miles from the corporate boundaries of the municipality unless the county board retains jurisdiction.

HB 488 (Lang-Feigenholtz/Holmes)

 

Amends the Illinois Controlled Substances Act.  Provides that any written prescription for a Schedule II controlled substance may be filled within 90 (rather than 7) days after issuance.

 

HB 490 (Fortner-Dunkin-Gordon, C.-Pihos-Coulson/Bomke)

 

Amends the Illinois Insurance Code. Requires the Department of Financial and Professional Regulation to develop an appropriate consumer fact sheet to be provided to consumers, either via the Department’s website or by hard copy if requested, regarding identity theft insurance. Provides that the fact sheet shall include at a minimum, information on what is generally covered under identity theft insurance and on how to protect himself or herself from identity theft.

 

HB 585 (Sacia-Mitchell, J./Alhtoff)

 

Amends the Counties Code.  Provides that in a county with fewer than 2,000,000 inhabitants that certain contracts in excess of $30,000 (instead of $20,000) must be let by competitive bidding.  Allows counties to contract for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and inter-connect equipment, software, and services without advertising for bids when the individual orders do not exceed $35,000 (instead of $25,000).

 

HB 688 (Colvin-Dunkin-Turner-Graham-Hamos/Collins, J.-Hunter-Martinez)

 

Amends the Condominium Property Act. Provides legislative findings concerning the importance of municipalities reclaiming housing stock that was used in fraudulent schemes. Provides procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition. Provides definitions of “distressed condominium property”, “owner”, and “other party in interest”. Provides that a municipality may file a petition in the circuit court and that if the court finds that a property is a distressed condominium property, the court may appoint a receiver to manage the property. Provides also that if a court finds that the property is not viable as a condominium, the court may deem that the entire property is owned in common by the unit owners and may authorize the receiver to sell the entire property without the consent of the unit owners. Provides that if the receiver sells the property pursuant to court authorization, the sale proceeds shall be paid to unit owners according to their respective shares, after sale expenses, taxes, and liens have been paid. Provides that the receiver has the power and authority to secure and insure the premises, make repairs, and otherwise manage the premises. Provides that other parties in interest shall be provided written notice and a copy of the petition or complaint either by United States certified mail, return receipt requested, within 30 days of the issuance of the summons or by personal service of the complaint. Provides that the court may authorize a receiver to enter into a sales contract for the property upon a motion, with notice to all owners and other parties in interest and those parties having an opportunity to be heard.

 

HB 722 (Fortner-Arroyo/Koehler)

 

Amends the Illinois Power Agency Act. Provides that the corporate authorities of a municipality or county board of a county may adopt an ordinance under which it may aggregate in accordance with specified provisions residential and small commercial retail electrical loads located within the municipality or the unincorporated areas of the county. Contains provisions concerning the actions the corporate authorities or a county board may take with respect to aggregation. Provides that if the corporate authorities or the county board seek to operate the aggregation program as an opt-out program for residential and small commercial retail customers, then prior to the adoption of an ordinance with respect to the loads, the corporate authorities of a municipality or the county board of a county shall submit a referendum to its residents to determine whether or not the aggregation program shall operate as an opt-out program. Requires that the corporate authorities or county board must work with the Illinois Power Agency to develop a plan of operation and governance for the aggregation program. Contains provisions concerning the process for soliciting bids for electricity and other related services. Provides that if the corporate authorities or a county board decides to operate as an opt-in program, then it must comply with specified requirements. Contains notice requirements concerning the existence of an opt-out provision in the aggregation program. Repeals a provision in the Public Utilities Act concerning the aggregation of electrical load by municipalities and counties.

 

HB 759 (Ryg-Pihos/Silverstein)

 

Creates the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Contains provisions concerning jurisdiction over adult guardianships, conservatorships, and other protective proceedings. Sets forth guidelines to specify which court has jurisdiction to appoint a guardian or conservator for an incapacitated adult, by prioritizing the states which might claim jurisdiction. Provides for designation of a “home state” and a “significant-connection state”. Provides for communication and cooperation between courts. Contains provisions concerning transfer of guardianship or conservatorship to another state. Provides for registration and recognition of guardianship or protective orders from other states.

 

HB 761 (Howard-Turner/Hunter)

 

Amends the Juvenile Court Act of 1987. Provides that if the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under the Delinquent Minors Article, the court shall conduct permanency hearings as set out in the Abused, Neglected, or Dependent Minors Article of the Act.

 

HB 812 (Mautino/Haine-Harmon)

 

Amends the Illinois Insurance Code.  Provides that certain Sections of the Illinois Insurance Code do not apply to short-term travel, disability income, long-term care, accident only or limited or specified disease policies.

 

HB 934 (Boland-Crespo/Haine-Holmes)

 

Amends the Criminal Code of 1961. Provides that the prohibition on the possession of an unsterilized or vicious dog by a person convicted of specified felonies applies to a person convicted of felony dog fighting.

 

HB 952 (Beiser-Verschoore-Smith-Phelps-Reitz/Haine)

 

Amends the Prevailing Wage Act. Provides that the Act applies to the demolition of public works.

 

HB 1032 (Flider-Froehlich/Frerichs-Collins)

 

Amends the Criminal Code of 1961. Provides that a person who sells or gives any firearm to any person who has been convicted of a felony under the laws of this State or any other jurisdiction is guilty of a Class 3 (rather than a Class 4) felony.  Creates the offense of use of a stolen firearm in the commission of an offense.  Provides that a person commits the offense when he or she knowingly uses a stolen firearm in the commission of any offense and the person knows that the firearm was stolen.  Provides that a violation is a Class 2 felony. 

 

Amends the Unified Code of Corrections.  Provides for consecutive sentences for this offense and the underlying offense.

 

HB 1035 (Flider-Jakobsson-Berrios-Ford/Hutchinson-Althoff-Hunter)

 

Amends the School Code and various Acts relating to the governance of public universities in Illinois. Requires the State Board of Education to promote an annual campaign about disability history and awareness in this State. Requires a school district to provide instruction on disability history, people with disabilities, and the disability rights movement. Requires the regional superintendent of schools to monitor a school district’s compliance. Allows each public university to conduct and promote activities that provide education on, awareness of, and an understanding of disability history, people with disabilities, and the disability rights movement.

 

HB 1079 (Eddy-Black-Mitchell, J.-Fortner-McCarthy/Demuzio-Maloney)

 

Creates the Dual Credit Quality Act. Requires the Illinois Community College Board and the Board of Higher Education to develop policies to permit multiple appropriate measures using differentiated assessment for granting eligibility for dual credit to students (a dual credit course being a college course taken by a high school student for credit at both the college and high school level). Sets forth provisions concerning policies to protect the academic standing of students who are not successful in dual credit courses, standards that institutions of higher learning must meet if offering dual credit courses, oversight and review of dual credit programs, and a statewide longitudinal data system to identify high school students who participate in dual credit courses and track their success in high school and postsecondary education.  Provides that dual-credit instructors must meet community-college credentials requirement but need not meet certification requirements under Article 21 of the School Code.

 

 

 

 

HB 1089 (Verschoore/Jacobs-Harmon)

 

Amends the Quad Cities Regional Economic Development Authority Acts. Provides that the total outstanding bonds and notes of the Quad Cities Regional Economic Development Authority shall not exceed $250 million (now, $100 million).

 

Removes moral obligation language and repeals sections of the act providing for remedies to current or future situations in which the Authority’s funds are insufficient for the service of the debt on bonds.

 

HB 4035 (Tryon/Steans-Althoff-Holmes)

 

Amends the Illinois Procurement Code. Requires that State agencies procure environmentally preferable supplies and services, with certain exceptions. Authorizes a State agency to give a price preference of up to 10% for an environmentally preferable supply or service. Makes changes in the preferences for recycled materials and paper. Effective January 1, 2010.

 

SB 141 (Sandoval/Hernandez-Farnham)

 

Amends the Criminal Code of 1961. Creates the offense of criminal street gang recruitment of a minor. Provides that a person commits the offense when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device. Provides that the penalty is a Class 1 felony.

 

SB 243 (Munoz-Collins/Franks)

 

Amends the Vehicle Code.  Amends the provision prohibiting the knowing ownership or operation of a vehicle with a false or secret compartment to add a criminal intent element and tie a violation to illegal gun or drug activity.  Authorizes forfeiture of any vehicle containing a false or secret compartment that was used in a violation, as well as any items within that compartment.  Provides that the forfeiture procedures in the Criminal Code on seizure and forfeiture of vessels, vehicles and aircraft shall apply.  Penalty for violation is a Class 4 felony (1-3 years), and the sentence must be served consecutively to any sentence imposed on the gun or drug violation. A new owner is not responsible for any conduct that occurred or knowledge of conduct that occurred prior to the transfer.

 

SB 264 (Frerichs-Bomke/Mautino)

 

Amends the Illinois Municipal Code. Authorizes the Board of Directors of a municipal electric power agency and a municipal natural gas agency to determine and designate in their respective agency’s bylaws the titles for the “presiding officers” of the Board of Directors (instead of president and vice-president). Provides that the Board of Directors may select the titles for their respective agency’s officers, employees, and agents. Deletes the requirement that at the first meeting of each fiscal year the Board of Directors elect certain officers.

 

SB 316 (Clayborne-Martinez/Holbrook-Chapa LaVia-Mell-Black-Graham)

 

Amends the Illinois Public Aid Code. Provides that if an applicant for public aid resides in a facility licensed under the Nursing Home Care Act, the facility shall receive written notice of the decision on the application.  Provides that if an applicant resides in a supportive living facility, the facility is entitled to receive written notice of the decision on the application.  Provides that the notification must be related to a Department of Human Services or Department of Healthcare and Family Services payment for services received by the applicant in the facility.  Provides that only facilities enrolled in and subject to a provider agreement under the medical assistance program may receive such notices of decisions on applications. Effective January 1, 2010.

 

SB 591 (Kotowski/Nekritz)

 

Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that the redevelopment project in the TIF district created by an ordinance that was adopted on August 7, 2000 by the City of Des Plaines must be completed by December 31 of the 35th year (now, the 23rd year) after the year in which the ordinance was adopted. Makes revisory changes. Contains a non-acceleration clause.

 

 

 

SB 1450 (Dahl-Althoff/Pritchard-Brauer)

 

Amends the Illinois Vehicle Code to change the maximum width for a motor vehicle or its load on Class III highways of this State from 8 feet wide to 8 feet, 6 inches wide.

 

SB 1919 (Garrett-Bivins/May-Tryon-Pihos-Feigenholtz-Chapa LaVia)

 

Creates the Safe Pharmaceutical Disposal Act. Provides that except for medications contained in intravenous fluids, syringes, or transdermal patches, no health care institution, nor any employee, staff person, contractor, or other person acting under the direction or supervision of a health care institution, may discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or septic system. Defines “health care institution”, “public wastewater collection system”, and “unused medication”. Provides that a violation of the Act is a petty offense subject to a fine of $500. Provides that fines collected under the Act from facilities licensed under the Nursing Home Care Act shall be deposited into the Long Term Care Monitor/Receiver Fund and that fines collected from all other health care institutions shall be deposited into the Environmental Protection Trust Fund. Provides that health care institutions shall modify their written medication protocols to be consistent with the requirements of the Act. Provides that each agency having regulatory oversight responsibility for a type of health care institution as defined in the Act shall be responsible for ensuring those institutions’ compliance with the Act. Effective January 1, 2010.

 

SB 2184 (Garrett/Nekritz-Winters-Jakobsson)

 

Amends the Water Use Act of 1983. Provides that a high-capacity well is a well located on a parcel of property where the rate or capacity of water withdrawal of all wells on the property is equal to or in excess of 100,000 gallons during any 24-hour period. Provides that a high-capacity intake is a surface water intake located on a parcel of property where the rate or capacity of water withdrawal of all intakes for the property is the same as that of a high-capacity well. Requires persons who are interested in developing a high-capacity well to notify the District before constructing the well (now, only when “the withdrawals from the new point can reasonably be expected to” exceed 100,000 gallons on any day). Requires existing and proposed high-capacity wells to register with the District. Provides that the District may recommend that the Department of Agriculture restrict the quantity of water that a person may extract from high-capacity wells (now, under certain circumstances, from other wells). Requires a person or land occupier who is responsible for a high-capacity well, high-capacity intake, or public water supply to participate in the Illinois Water Inventory Program, but exempts high-capacity intakes used for agricultural irrigation and high-capacity wells used for agricultural irrigation from this requirement for 5 years. Provides that a person or land occupier that is responsible for a high-capacity well or high-capacity intake used for irrigation for agriculture shall determine water use through estimation methods deemed acceptable by the Illinois State Water Survey.  A person that is responsible for a high-capacity well or high-capacity intake used for irrigation that lies within the boundaries of a water authority or other local government entity that estimates irrigation withdrawals through a method deemed acceptable by the Illinois State Water Survey is exempt from participating as an individual in the Illinois Water Inventory Program.  Effective January 1, 2010.

 

HB 35 (Tryon-Franks-Black-Bellock-Mathias/Garrett-Raoul-Althoff-Dillard-Cronin)

 

Amends the Department of Central Management Services Law. Requires the Department to establish and maintain a website known as the Illinois Transparency and Accountability Portal (ITAP). The website shall provide direct access to information concerning State employees and individual consultants, State expenditures, development assistance reportable under the Coporate Accountability for Tax Expenditures Act, State contracts, and revocations and suspensions of occupation and use tax certificates of registration and professional licenses.  Effective January 1, 2010.

 

HB 155 (Ford/Lightford-Martinez-Holmes-Collins, J.)

 

Amends the Condominium Act.  Provides that in the event of a sale of a condominium unit by a unit owner, no condominium owner shall exercise any right of refusal, option to purchase, or right to disapprove the sale on the basis that the purchaser’s financing is guaranteed by the Federal Housing Authority.

 

HB 202 (Lyons-Bellock-D’Amico/Millner-Haine)

 

Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that the prohibitions on carrying concealed firearms or firearms in a vehicle and carrying firearms on a public way do not apply to parole agents and parole supervisors who meet certain qualifications and conditions.

HB 212 (Mautino-Sullivan/Haine)

 

Amends the Property Tax Code. In a Section concerning deposits for redemption, provides that the deposit shall include, if a petition for tax deed has been filed, all fees paid to a registered title insurance company or title insurance agent for a title search.

 

HB 224 (Gordon, C.-Reboletti-McAsey-Wait/Demuzio)

 

Amends the Criminal Code of 1961. Deletes from Code the provision that prosecution of sexual offenses where victim and offender are family members must be commenced within one year of the victim attaining 18 years of age.  Provides that when the victim is under 18 years old at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the victim attains 18 years of age.  Provides that an act of sexual penetration upon a victim 18 years of age or over shall constitute the offense of sexual relations within families when committed by the victim’s aunt, uncle, great-aunt or great-uncle, grandparent or step-grandparent.  Provides that with regard to the offenses of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse and felony criminal sexual abuse, “family member” includes an aunt, uncle, great-aunt, great-uncle, and where the victim is a child under 18 years of age, an accused who has resided in the household with such child continuously for at least 6 months (rather than one year).

 

HB 264 (Miller-Davis, W.-Riley/Meeks-Harmon-Raoul-Collins)

 

Creates the Illinois Urban Development Authority Act. Creates the Illinois Urban Development Authority. Provides that the Authority shall be governed by an 11-member board. Requires the Authority to make annual reports to certain entities. Sets forth the duties and powers of the Authority. Sets forth the procedures by which the Authority may issue bonds to specified entities. Amends the Illinois Finance Authority Act. Provides that the Illinois Finance Authority shall supervise the bond issuance of the Illinois Urban Development Authority. Contains other provisions.

 

HB 480 (Boland/Demuzio-Noland)

 

Amends the State Finance Act. Provides that for personnel under the jurisdiction of the State travel control boards, the allowance rate for automobile travel mileage reimbursement, which is the same as the rate set by federal regulations, shall be increased or decreased during the State’s fiscal year as of the effective date of the federal regulations (now, increases do not take effect until the next July 1).

 

HB 693 (Crespo-Yarbrough-Reboletti-Sacia-Boland/Noland)

 

Creates the Stalking No Contact Order Act. Provides that a petition may be filed for a stalking no contact order when relief is not available to the petitioner under the Illinois Domestic Violence Act of 1986 by a victim of stalking or by a person on behalf of a minor child or an adult who is a victim of stalking but because of age, disability, health, or inaccessibility cannot file the petition. Establishes procedures for seeking a petition and remedies.

 

HB 1175 (Burke-McAuliffe-Reitz/Frerichs-Althoff-Noland)

 

Amends the Fire Sprinkler Contractor Licensing Act. In a provision concerning inspections of existing fire sprinkler systems and control equipment, provides that a copy of the inspection report must be forwarded to the local fire department or fire protection district in which the sprinkler system is located. Also provides that it is the responsibility of the “entity performing the inspection” (the fire sprinkler contractor) not the building owner to get the report to the local fire department. Effective January 1, 2010.

 

HB 2352 (Joyce-Gordon, C.-Kosel-Jakobsson/Trotter-Maloney-Kotowski-Hutchinson-Crotty)

 

Creates the Credit Card Marketing Act of 2009. Requires that institutions of higher education that enter into an agreement to market credit cards to students pursuing an education, or that allow their student groups, alumni associations, or affiliates to enter into agreements must make a financial education program available to all students. Contains provisions requiring institutions of higher education to disclose certain agreements with credit card companies. Prohibits certain gifts and inducements. Prohibits the distribution of personally identifiable student information for the purpose of marketing credit cards. Provides that the Attorney General may enforce the Act. Contains provisions concerning investigations and the power to issue subpoenas by the Attorney General. Amends the Freedom of Information Act. Includes reports prepared by institutions of higher education documenting their relationships with credit card issuers as a public record. Exempts information about students exempted from disclosure under Sections 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under specified provisions of the Illinois Credit Card Marketing Act of 2009 from the Act. Amends the School Code to provide that a school district, including its agents, employees, student or alumni associations, or any affiliates, may not provide a student’s name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards. Amends various Acts relating to the governance of public universities in Illinois to prohibit the provision of student information to certain parties. Contains a severability clause.

 

HB 1314 (Pihos-Senger-Hatcher-Farnham-Connelly/Hultgren)

 

Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for a person required to register as a sex offender under the Sex Offender Registration Act to access or use a social networking website during the period for which the sex offender is required to register under that Act. Amends the Unified Code of Corrections. Requires as a condition of parole, mandatory supervised release, probation, conditional discharge, or supervision that a sex offender refrain from accessing or using a social networking website.

 

HB 1336 (Osmond/Harmon)

 

Amends the Limited Liability Corporation Act. Provides that in a manager-managed company a member is held to specified standards of conduct to the extent that the member exercises the managerial authority vested in a manager by this Act (rather than a member who pursuant to the operating agreement exercises some or all of the authority of a manager in the management and conduct of the company’s business is held to specified standards of conduct to the extent that the member exercises the managerial authority vested in a manager by this Act).

 

HB 2235 (Davis, M.-Franks-Boland-Ramey-Crespo/Lightford)

 

Amends the School Code and various Acts relating to the governance of public universities and community colleges in Illinois. Requires the governing board of each school district, university, and community college to report to the State Board of Education or Board of Higher Education, on or before July 1 of each year, the base salary and benefits of all administrators and teachers or faculty employed by the school district, university, or community college district.

 

HB 2286 (Reitz-Pihos-Verschoore/Crotty)

 

Amends the Illinois Optometric Practice Act of 1987.  Replaces requirement for optometrists to apply for licensure with DFPR for every additional location of practice.  This legislation would instead require optometrists to report to DFPR every additional location where a licensee practices.

 

Provides that anytime a licensee fails to report a practice location or registers in a location where the licensee does not practice will constitute a violation of the Act.

 

Provides that all optometrists must complete an oral pharmaceutical course (already a requirement under the Act) by March 31, 2010 or their licensure will be placed on non-renewed status.  Further provides that the licensee shall not be able to renew their licensure until this requirement is met.

 

Provides that licensed optometrists may apply for expungement from their disciplinary  record for (i) any offense relating to the failure to complete continuing education  requirements, (ii) the failure to have an ancillary license, and (iii) or the failure to report a practice location.

 

HB 2289 (Ryg/Silverstein)

 

Amends the Guardianship and Advocacy Act. Provides that Guardianship and Advocacy Commission, acting on a request from the Director of the Guardianship and Advocacy Commission, may disapprove any action of a regional authority, in which case the regional authority shall cease such action. Provides that the Commission shall operate subject to the provisions of the Illinois Procurement Code (instead of the Illinois Purchasing Act). Provides that the Director shall carry out the policies and programs of the Commission and coordinate the activities of its divisions and may delegate to the Human Rights Authority Director any specified duties. Transfers the authority of certain appointment duties from the Commission to the Director. Provides that reassignments of investigations for conflicts of interest and refusals to investigate shall be reviewed and approved by the Director and the Director may seek direction from the Commission. Provides that a regional authority may conduct investigations upon its own initiative if it has reason to believe that the rights of an eligible person have been violated in the region in which the authority sits, unless the Director (rather than Commission) finds that a conflict of interest exists and directs another regional authority to conduct the investigation. Provides that closed meetings by a regional authority are subject to the provisions of the Open Meetings Act. Transfers the authority for referrals for further action from the Commission to the Director. Provides that a regional authority may, by acting through the Director, propose to the Commission legislation for the purpose of safeguarding the rights of eligible persons.

 

HB 2290 (Ryg-Osmond-Lang-Currie-Mathias/Steans-Noland-Althoff)

 

Amends the Probate Act of 1975.  Provides that a guardian shall not consent to a ward’s sterilization without a court order, but a court order is not required if a procedure is medically necessary to preserve the ward’s life or prevent a serious impairment even though it may result in sterilization.  Provides that if the motion of a guardian seeking to consent to a ward’s sterilization shows that sterilization is warranted, the court shall appoint a guardian ad litem, who shall be an attorney or a qualified disabilities or mental illness advocate.  Provides that the court may appoint counsel for the ward, and shall do so upon the ward’s request, if the ward objects to sterilization, or the ward’s position is adverse to the guardian ad litem.  Provides that the court shall advise the ward of his or her right to appointed counsel.  Provides for a medical and psychological evaluation to assess the ward’s capacity concerning sterilization.  Provides that the court shall determine if the ward has the capacity to consent to sterilization by considering whether the ward is able to understand the relationship between sexual activity and reproduction; reproduction consequences; and sterilization.  Provides that the ward shall not be deemed to lack capacity solely on the basis of a disability.  Provides that if the court finds that the ward has capacity to consent, and the ward objects or consents, the court shall enter an order based on the ward’s decision.  If the court finds that the ward does not have capacity and has no clear desire for sterilization, the court shall apply standards. Provides that those standards include that the court shall not authorize sterilization unless the court clearly finds that the ward lacks decisional capacity, is fertile, and capable of procreation; the benefits outweigh the harm; less intrusive alternatives were considered; and sterilization is in the ward’s best interest, considering trauma or psychological damage if he or she had a child.  Provides that the court shall consider if the ward is sexually active, the ability of the ward to understand reproduction and contraception, and other factors relative to the ward’s best interest.

 

HB 2410 (Jakobsson/Koehler-Harmon)

 

Amends the Public Officer Prohibited Activities Act and the Illinois Municipal Code. Provides that under either of the following circumstances, a municipal officer may hold a position on the board of not-for profit corporation that is interested in a contract, work, or business of the municipality: (1) if the municipal officer is appointed by the governing body of the municipality to represent the interests of the municipality on a not-for profit corporation’s board, then the municipal officer may actively vote on matters involving either that board or the municipality, at any time, so long as the membership on the not-for-profit board is not a paid position, except that the municipal officer may be reimbursed by the non-for-profit board for expenses incurred as the result of membership on the non-for-profit board; and (2) if the municipal officer is not appointed to the governing body of a not-for-profit corporation by the governing body of the municipality, then the municipal officer may continue to serve; however, the municipal officer shall abstain from voting on any proposition before the municipal governing body directly involving the not-for-profit corporation and, for those matters, shall not be counted as present for the purposes of a quorum of the municipal governing body.

 

HB 2455 (Myers-Mitchell, B,-Rose/Sullivan-Harmon)

 

Amends the Illinois Vehicle Code. Defines a “non-highway vehicle” as a motor vehicle not specifically designed to be used on a public highway, including, as defined by the Illinois Vehicle Code: an all-terrain vehicle, a golf cart, a neighborhood vehicle, and an off-highway motorcycle. Provides that the same set of standards that currently apply to the operation of a neighborhood vehicle on a street, road, or highway apply to all non-highway vehicles. Provides that non-highway vehicles are subject to the mandatory insurance provisions of the Illinois Vehicle Code when operated on a street, road, or highway. Repeals 2 provisions regarding the operation of all-terrain vehicles, off-highway motorcycles, and golf carts on streets and removes cross-references to those provisions in the Illinois Vehicle Code and Recreational Trails of Illinois Act.

 

HB 2513 (Pritchard/Haine-Harmon)

 

Amends the Criminal Code of 1961. Provides that the exhibition to or depiction to a minor of harmful materials is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

HB 2541 (Howard-Washington-Turner-Reboletti-Graham/Hunter-Raoul-Lauzen-Collins, J.-Holmes)

 

Amends the Unified Code of Corrections. Provides that the supervising officer of a person on parole or mandatory supervised release shall request the Department of Corrections to issue a parole violation warrant, and the Department shall issue a parole violation warrant, under certain circumstances. Provides that the mandatory supervised release term for felony domestic battery, aggravated domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection is 4 years. Provides that a person convicted of a felony domestic battery, aggravated domestic battery, stalking, aggravated stalking, or a felony violation of an order of protection shall be supervised during his or her term of parole or mandatory supervised release by a supervising officer who has completed not less than 40 hours of domestic violence and partner abuse intervention training.

 

HB 2574 (Mell/Martinez-Righter-Millner)

 

Amends the Unified Code of Corrections.  Provides that each DOC institution or facility shall make a room available for addiction recovery services to be provided for one hour once a week to committed persons on a voluntary basis.  Provides that these services shall be provided to a committed person if the following conditions are met: (1) the addiction recovery service schedules the meeting with the chief administrative officer; (2) the committed person uses pre-existing free time already available to attend the meeting; (3) all disciplinary and other rules remain in effect; (4) the committed person is not given any additional privileges to attend addiction recovery services; (5) if the addiction recovery service does not schedule a meeting for that week, there shall be no meeting that week; (6) no more than 40 committed persons may attend a single addiction recovery  meeting; (7) the application of a volunteer seeking to provide addiction recovery services must be reviewed within 60 days; and (8) each facility shall manage this program according to its own procedures.  Defines addiction recovery services.  Effective January 1, 2010.

 

HB 2670 (Fortner-Froehlich-Farnham-Crespo-Mathias/Hultgren)

 

Amends the Criminal Code of 1961. Provides that a prosecution for child pornography that involves filming, videotaping, photographing, or otherwise depicting by computer a child under 18 years of age or a severely or profoundly mentally retarded person engaging in certain sexual acts may be commenced at any time. Provides that child pornography or aggravated child pornography that does not involve mere possession shall be deemed crimes of violence. Amends the Bill of Rights for Children. Provides that the right of a parent or legal guardian of a child victim upon his or her request, at the time of the sentencing or the disposition hearing, to address the court regarding the impact which the defendant’s criminal conduct or the juvenile’s delinquent conduct has had upon the child applies in cases of indecent solicitation of a child, child pornography, and aggravated child pornography. Amends the Rights of Crime Victims and Witnesses Act. Provides that the offenses of child pornography and aggravated child pornography are violent crimes. Amends the Sexually Violent Persons Commitment Act. Provides that a “sexually violent offense” includes child pornography and aggravated child pornography. Amends the Unified Code of Corrections. Provides that the commission of the offense of child pornography or aggravated child pornography is an aggravating factor in sentencing.

 

HB 2678 (Washington-Howard-Reboletti-Eddy/Delgado-Jones, E.-Lightford)

 

Amends the Juvenile Court Act of 1987.  Creates the Juvenile Electronic Home Detention Law.  Provides that a delinquent minor may be placed in a juvenile electronic home monitoring program.   Establishes the conditions of the program.  Includes definitions of approved electronic monitoring devices, home detention, and eligible participants.  Provides that minors who have committed certain enumerated offenses are not eligible for the program.  Authorizes circumstances under which a person assigned to juvenile electronic home monitoring may leave his or her home.  Examples include court-approved employment work and court-approved health care visits.

 

HB 3691 (Gordon, C./Wilhelmi)

 

Amends the State Finance Act, Appellate Court Act, and Reviewing Court Alternative Dispute Resolution Act. Eliminates the Reviewing Court Alternative Dispute Resolution Fund. Provides that any balance in the Fund shall be transferred into the Mandatory Arbitration Fund.

 

HB 3746 (Leitch/Koehler-Harmon-Althoff)

 

Amends the Counties Code and the Illinois Municipal Code. Provides that a county or municipality may not require a wind tower or other renewable energy system that is used exclusively by an end user to be setback more than 1.1 times the height of the renewable energy system from the end user’s property line. Limits home rule powers.

 

HB 3794 (Hamos-May-Ramey-Reboletti/Harmon-Hutchinson)

 

Amends the Code of Civil Procedure. Provides that prior sexual activity or reputation is not admissible as evidence except if, otherwise admissible, evidence of specific instances of sexual behavior by the victim (1) to prove that a person other than the accused was the source of semen, injury, or other physical evidence or (2) with respect to the accused to prove the victim’s consent. Provides that a party intending to offer this type of evidence shall file a motion 14 days before trial and the court shall conduct a hearing in camera to hear from the victim and the parties, with the hearing record sealed. Repeals provisions of the Civil No Contact Order Act concerning the hearsay exception in proceedings for a no contact order and prosecutions for violating a no-contact order as to the prior sexual activity or the reputation of the petitioner and limits on that exception.

 

HB 3889 (Pritchard-Hoffman/Rutherford)

 

Amends the Illinois Vehicle Code. Provides that a tower, as defined by Section 1-205.2 of the Illinois Vehicle Code, legally residing in a county not subject to the provisions of the Illinois Commercial Safety Law may operate in a county that is subject to that law for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides without being subject to the provisions of the Illinois Commercial Safety Law. Provides that the exemption does not apply to towers that legally reside in both counties.

 

HB 3918 (Fritchey-Ramey-Reboletti/Wilhelmi-Harmon-Collins)

 

Amends the Civil No Contact Order Act.  Provides definitions of ‘family or household members”, “petitioner” and “respondent”.  Provides that persons protected by the Act include a victim of non-consensual sexual conduct or penetration, family or household member of the victim, and an employee or volunteer at a rape crisis center providing service to the victim.  Provides that an order under the Act does not waive any privilege concerning the victim’s records as protected by federal and State laws including the federal Health Insurance Portability and Accountability Act, Illinois Medical Patient Rights Act, Mental Health and Developmental Disabilities Confidentiality Act and the Code of Civil Procedure.  Provides the elements of relief that an order under the Act may include.  Provides that aiding and abetting non-consensual sexual contact or penetration is prohibited.  Provides that a petitioner in a civil proceeding under the Act may testify in chambers.  Provides that an extension of a plenary civil no contact order may be entered to continue until it is vacated or modified.  Provides for enforcement of an order outside the State and an out-of-state order.

 

HB 3972 (Jackson-Jakobsson-Lang-Holbrook-Stephens/Jones, E.)

 

Amends the Election Code.  With respect to absentee ballots, provides that those returned by mail must be postmarked by midnight preceding election day, for counting no later than during the period fro counting provision ballots.

 

HB 4013 (Brauer-Sacia-Franks-Farnham-Chapa LaVia/Haine-Harmon)

 

Amends the Criminal Code of 1961. Provides that any vessel, vehicle, or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit, theft if the theft is of precious metal or of scrap metal is subject to seizure and forfeiture.

 

HB 4077 (Jakobsson-Burns-Black/Frerichs)

 

Amends the Election Code.  Provides that for in-person voter registration and for voter registration by mail, a lease, or a contract for a residence,  are added to the list of acceptable documents which may be submitted to establish the applicant’s identification/residency.  Acceptable documents of identity/residency for first time voters who register to vote by mail includes (i) federal, state or local government document showing the person’s name and address, or (ii) a photo ID issued by a college or university, accompanied by either a copy of the applicant’s contract or lease for a residence or any postmarked mail delivered to the applicant at his/her current residence.  

 

For purposes of a challenge by an election judge, a photo ID issued by a college or university, accompanied by either: (a)  the applicant’s contract/lease for a residence, or (b) one piece of mail addressed to the person at his or her current residence not postmarked earlier than 30 days prior to the date of the election, shall be sufficient to establish proof of residence. Provides that for purposes of early voting, a photo ID card issued by a university or college is acceptable proof of identity and residency.

 

HB 4081 (Ryg-Verschoore-Coulson-Jakobsson/Hunter-Holmes)

 

Amends the Sexual Assault Survivors Emergency Treatment Act. Provides that any person (instead of minor) who is a sexual assault survivor who seeks emergency hospital services and forensic services or follow-up healthcare under the Act shall be provided such services without the consent of any parent, guardian, custodian, surrogate, or agent. Provides that if the survivor is an adult who has a guardian of the person, a health care surrogate, or an agent acting under a health care power of attorney, then consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault. Provides that if the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release. Effective January 1, 2010.

 

HB 4094 (Hatcher-Connelly-Myers-Bost-Tracy/Maloney-Harmon)

 

Amends the Board of Higher Education Act. Requires the Board of Higher Education’s master plan to include higher education affordability and accessibility measures.

 

HB 4098 (Cross-Bost/Holmes-Harmon-Trotter)

 

Amends the State Budget Law of the Civil Administrative Code of Illinois.  With respect to fiscal year appropriations, requires appropriations for expenditures to include all anticipated statutory continuing appropriation obligations that are expected to be incurred during the budgeted fiscal year.

 

HB 4169 (Moffitt/Risinger)

 

Amends the Unified Code of Corrections. Provides that when a penalty is being considered for a felony sex offense or any felony offense that is sexually motivated as defined in the Sex Offender Management Board Act, a sex offender evaluation will be required only in cases where the sex offender is being considered for probation without a mandatory prison sentence.

 

HB 4326 (Fritchey-Moffitt-Joyce-Franks-Farnham/Viverito-Harmon-Althoff)

 

Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that any private individual or entity that receives benefits under this Act for the purpose of originating, locating, maintaining, rehabilitating, or expanding a business facility and that abandons or relocates its facility in violation of the agreement shall pay to the municipality an amount equal to the prorated value of the benefit.

 

SB 270 (Demuzio-Jones-Hunter-Collins/Riley-Froehlich)

 

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Authorizes the Department of Public Health, subject to appropriation, to implement the Colorectal Cancer Screening and Treatment Pilot Program in areas of the State that have the highest incidences of mortality related to colon cancer. The Department of Public Health may make grants to eligible entities for the purpose of carrying out the Program. Provides that a report must be submitted by the Department to the Governor and the General Assembly every year of program implementation. Provides that persons who have been screened for colorectal cancer under the Program may receive medical assistance identical to benefits provided under the State’s approved plan under provisions of the Social Security Act. The Program may develop and disseminate public information about the importance of colon cancer screening.

 

SB 1586 (Forby/Jefferson)

 

Amends the Illinois Vehicle Code.  Requires applicants for a certificate of title for a rebuilt vehicle that have personally rebuilt or supervised the rebuild of the vehicle to sign a written affirmation stating that the applicant is a licensed rebuilder (rather than providing no requirement that the applicant to be a licensed rebuilder). Provides that if an applicant for certificate of title for a rebuilt vehicle has contracted with a licensed rebuilder for the rebuild of the vehicle, a copy of the contract and a statement from the rebuilder, in a form designated by the Secretary of State, certifying that all of the supporting documentation and the contents of the application for certificate of title are, to the best of the rebuilder’s knowledge and belief, complete, true, and correct are required to complete the application.

 

SB 1590 (Althoff-Martinez/Pihos-Mathias-Froehlich)

 

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides for reasonable visitation between a child and a non-custodial parent through electronic communication such as telephone, e-mail, instant messaging, and other modes of electronic communication. Provides that the court may not use time spent in electronic communication to affect child support, custody, visitation, or removal of a child from the State. Provides for the custodial parent to provide any new e-mail address of the child to the noncustodial parent within 24 hours of the change. Makes other changes concerning electronic communication between a parent and a child and between a grandparent, great-grandparent, or sibling and a child.

 

SB 1632 (Silverstein/Hamos)

 

Amends the Illinois Insurance Code. Provides that the provision concerning companies not subject to the Code applies to companies organized or doing business under the Title Insurance Act (instead of “An Act to provide for and regulate the business of guaranteeing titles to real estate by corporations”). Provides that the amendatory Act is a statement and clarification of existing law. Makes other changes.

 

SB 1655 (Murphy/Mathias)

 

Amends the Criminal Code of 1961. Creates the offense of obstructing identification. Provides that a person commits the offense when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. Provides that a violation is a Class A misdemeanor.

 

SB 1703 (Dillard/Bellock)

 

Amends the Hospital Licensing Act.  Provides that a hospital may include the option of common cremation of fetal tissue in its mandatory notification to a mother following a spontaneous fetal demise after a gestation period of less than 20 weeks.  Amends the Crematory Regulation Act to provide an exemption to cremation procedures concerning simulations cremation of the human remains for fetal tissue pursuant to the Act.  Amends the Vital Records Act.  Provides for the issuance of a permit for a group burial or group cremation without a fetal death certificate if the mother has authorized the disposition in writing following a spontaneous fetal demise after a gestation period of less than 20 weeks.

 

HB 3925 (Coulson-Miller-Nekritz-Black-Mulligan/Trotter-Dillard-Martinez-Wilhelmi-Bond)

 

Amends the Abandoned Newborn Infant Protection Act. Provides that “fire station” means a fire station with at least one staff person (instead of that is staffed with at least one full-time emergency medical professional). Provides that “newborn infant” means a child who a licensed physician reasonably believes is 30 (instead of 7) days old or less.

 

SB 337 (Haine-Holmes/Zalewski-Joyce, Davis, M.)

 

Amends the Military Leave of Absence Act. Requires that a full-time employee of the State, a unit of local government, or a school district who is a member of a reserve component of the U.S. Armed Forces or the Illinois State Militia must be given a leave of absence for any training or duty required by the U.S. Armed Forces not otherwise covered by the Act. If the employee’s military pay for that training or duty is less than his or her compensation from the public employer, requires that during the leave the employee receive his or her public employment compensation, minus the amount of the military pay.

 

HB 445 (Harris-Gordon, C.-Reboletti-Brosnahan-Joyce/Steans-Kotowski)

 

Amends the Illinois Controlled Substances Act. Adds N-Benzylpiperazine (BZP) to the list of Schedule I controlled substances. Establishes penalties for the unlawful manufacture, delivery, or possession of that substance.

 

 

 

HB 238 (Tracy-Pihos-Mathias-Mulligan-Senger/Hultgren-Lightford)

 

Amends the Property Tax Code. Provides that the Senior Citizens Homestead Exemption and the Senior Citizens Assessment Freeze Homestead Exemption continue if the taxpayer becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act.

 

HB 336 (Pritchard/Hutchinson-Holmes-Millner-Sullivan)

 

Amends the Campus Security Enhancement Act of 2008. Provides that the inter-disciplinary and multi-jurisdictional campus violence prevention plan shall also include coordination and communication with surrounding governmental agencies and school districts. Amends the State Mandates Act to require implementation without reimbursement.

 

Provides that the inter-disciplinary and multi-jurisdictional campus violence prevention plan shall also include communication with surrounding governmental agencies and school districts contiguous to the higher education institution’s boundaries.

 

HB 497 (Miller-Ford-Mendoza-Coulson/Trotter-Althoff-Kotowski-Delgado-Steans)

 

Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Director of the Division of Alcoholism and Substance Abuse (DASA) within the Department of Human Services may publish an annual report on statewide drug overdose trends, may establish a program to provide for the publication of drug overdose prevention, recognition, and response literature, may provide advice to State and local officials concerning drug overdose problems, and may award grants to create or support local drug overdose prevention, recognition, and response projects. Requires a health care professional prescribing an opioid antidote to a patient to ensure that the patient receives certain patient information; provides for immunity from disciplinary or other adverse administrative action; and provides for administration of an opioid antidote in an emergency. Requires the Director of the Division of Alcoholism and Substance Abuse, in consultation with statewide organizations, to develop and disseminate to health care professionals, community-based organizations, substance abuse programs, and other organizations training materials in video, electronic, or other formats to facilitate the provision of the required patient information. Effective January 1, 2010.

 

HB 550 (Pihos-Gordon, C./Hultgren)

 

Amends the Unified Code of Corrections. Provides that as a condition of mandatory supervised release, probation, or supervision, a sex offender shall refrain from knowingly using any computer scrub software on any computer that the sex offender uses.

 

HB 610 (Yarbrough-Froehlich-Boland-Ford/Collins-Lightford)

 

Amends the Unified Code of Corrections. Provides that driver’s licenses, State issued identification cards, social security account cards, or other government issued identification documents in possession of a county sheriff at the time a person is committed to the Illinois Department of Corrections shall be forwarded to the Department. Provides that the Department shall retain the government issued identification documents of a committed person at the institution in which the person is incarcerated and shall ensure that the documents are forwarded to any institution to which the person is transferred. Provides that the government issued identification documents of a committed person shall be made available to the person upon discharge from the Department.

 

HB 641 (Mautino-Holbrook/Wilhelmi-Risinger)

 

In provisions of the Illinois Highway Code stating that specified amounts shall be appropriated annually to the Department of Transportation for apportionment to counties for the use of road districts for bridge construction, provides that amounts which are not obligated and for which local funds have not been committed under specified provisions within 48 months (instead of 24 months) after the apportionment is made lapses and may not be paid to the county treasurer for distribution to road districts.

 

HB 760 (Kosel-Lang-Cross-Frank-Cole/Althoff)

 

Amends the State Commemorative Dates Act. Designates each April as Parkinson’s Awareness Month.

 

 

HB 805 (Fortner-Pihos/Hunter)

 

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the registry of health care professionals shall be accessed for the planning for the possibility of an act of bioterrorism or other public health emergency.

 

HB 813 (Mautino-Pihos-Miller-Turner-Holbrook/Delgado-Dillard)

 

Amends the Illinois Optometric Practice Act of 1987 and the Elder Abuse and Neglect Act. Provides that willfully failing to report an instance of suspected abuse or neglect (instead of child abuse or neglect) as required by law (instead of as required by the Abused and Neglected Child Reporting Act) is grounds for disciplinary action against an optometrist. Provides that any optometrist who willfully fails to report suspected elder abuse, neglect, financial exploitation, or self-neglect shall be referred to the Department of Financial and Professional Regulation for disciplinary action.

 

HB 869 (Turner-Cavaletto/Haine-Noland)

 

Amends the Capital Crimes Litigation Act. Provides that each provider of proposed capital litigation services must specify the best preliminary estimate that can be made in light of information received in the case at that point, and the provider must sign this estimate under the provisions of the Code of Civil Procedure relating to verified statements made under the penalty of perjury. Provides that a provider of proposed services must also specify (1) his or her hourly rate; (2) the hourly rate of anyone else in his or her employ for whom reimbursement is sought; and (3) the hourly rate of any person or entity that may be subcontracted to perform these services. Provides that the court must certify reasonable and necessary expenses of the petitioner for travel and per diem (lodging, meals, and incidental expenses). Provides that these expenses must be paid at the rate as promulgated by the United States General Services Administration for these expenses for the date and location in which they were incurred, unless extraordinary reasons are shown for the difference. Provides that if the State Treasurer finds within 14 days of his or her receipt of a certification that the compensation and expenses to be paid are unreasonable, unnecessary, or inappropriate, he or she may return the certification to the court setting forth in detail the objection or objections with a request for the court to review the objection or objections before resubmitting the certification. Provides that the State Treasurer may only seek a review of a specific objection once. Provides that the claimant has 7 days from his or her receipt of the objections to file a response with the court. Provides that with or without further hearing, the court must promptly rule on the objections.

 

HB 973 (Chapa LaVia-Farnham-Hernandez-Walker/Steans-Lightford-Holmes-Hutchinson)

 

Amends the Critical Health Problems and Comprehensive Health Education Act.  Provides that the Comprehensive Health Education Program may include instruction in grades 8 through 12 on teen dating violence.

 

HB 1112 (Tracy/Demuzio-Harmon)

 

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department, subject to appropriation, to develop, publish, and disseminate a brochure to educate the general public about telemedicine.

 

HB 1132 (Jakobsson-Coulson/Frerichs-Harmon)

 

Amends the Abused and Neglected Child Reporting Act. Provides that in those cases in which the Child Protective Service Unit has made a final determination that a report is “indicated” or “unfounded”, the Department shall provide written notification of the final determination to the subjects of the report and to the alleged perpetrator, parents, personal guardian or legal guardian of the alleged child victim, and other persons required to receive notice by regular U.S. mail. Provides that subject to appropriation, written notification of the final determination shall be sent to a perpetrator indicated for child abuse or child neglect, or both, by both regular and certified mail.

 

HB 1793 (Thapedi-Currie-Burke-Riley/Collins)

 

Amends the Liquor Control Act of 1934. In a provision concerning birth defects warning signs, adds to the required message on signs the following: “If you need assistance for substance abuse, please call the Office of Alcoholism and Substance Abuse (OASA) at 1-800-843-6154.”. Effective on January 1, 2010.

 

 

HB 2251 (Osmond/Althoff)

 

Amends the Rivers, Lakes, and Streams Act. Provides that the Department of Natural Resources shall review and update its operations manuals for the Algonquin Dam and the William G. Stratton Lock and Dam on an annual basis.

 

HB 2285 (Cole-Coulson-Mulligan-Hatcher-Senger/Martinez)

 

Amends the Mental Health and Developmental Disabilities Administrative Act, the University of Illinois Hospital Act, the Nursing Home Care Act, and the Hospital Licensing Act. Provides that a hospital or nursing home shall adopt a policy to identify, assess, and develop strategies to control risk of injury to residents or patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a resident or patient. Sets forth matters that must be included in the policy, including: (1) analysis of the risk of injury to residents or patients and nurses and other health care workers posted by the resident or patient handling needs of the resident or patient populations served by the facility and the physical environment in which the resident or patient handling and movement occurs; (2) education of nurses in the identification, assessment, and control of risks of injury to residents or patients and nurses and other health care workers during resident or patient handling; and (3) evaluation of alternative ways to reduce risks associated with resident or patient handling, including evaluation of equipment and the environment. Requires that Department of Human Services-operated State mental health centers and developmental centers and the University of Illinois Hospital comply with these provisions.  Effective January 1, 2010.

 

HB 2362 (Smith-Eddy-Holbrook-Jackson-Verschoore/Cronin-Maloney-Frerichs)

 

Amends the School Code. Adds contracts providing for the transportation of pupils with special needs or disabilities to the list of exceptions to the requirement that certain contracts be awarded to the lowest responsible bidder. Provides that these contracts must be advertised in the same manner as competitive bids and awarded by first considering the bidder or bidders most able to provide safety and comfort for the pupils with special needs or disabilities, stability of service, and any other factors set forth in the request for proposal regarding quality of service, and then price.

 

HB 2505 (Pihos-Farnham-Cole-Mathias/Pankau)

 

Amends the State Commemorative Dates Act. Designates the month of September of each year as Ovarian and Prostate Cancer Awareness Month.

 

HB 2546 (Black/Frerichs-Harmon)

 

Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois and the Hunter Interference Prohibition Act. Changes the name of the Hunter Interference Prohibition Act to the Hunter and Fishermen Interference Prohibition Act. Clarifies that the renamed Act applies to the taking of aquatic life as well as wildlife.

 

HB 2680 (Rose-Reboletti/Righter)

 

Amends the Unified Code of Corrections. Provides that when a person has been adjudged guilty of a drug related offense involving possession or delivery of cannabis, possession or delivery of a controlled substance, or possession or delivery of methamphetamine in addition to any penalty imposed, a $25 assessment shall be assessed by the court, the proceeds of which shall be collected by the Circuit Clerk and remitted to the State Treasurer for deposit into the State Police Services Fund and shall be used for grants by the Department of State Police to drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act.

 

HB 3961 (Howard-Yarbrough-Washington-Ford-Reboletti/Lightford-Collins-Millner)

 

Amends the Criminal Identification Act relating to expungement. Changes the procedures relating to the expungement of adult criminal records and the records of minors prosecuted as adults. Establishes time limits and procedures for filing petitions to expunge. Excludes certain enumerated offenses from expungement. Provides for the sealing of certain arrest and court records. Provides that the court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court. Provides for certain reports to be submitted annually by the Department of State Police to the Governor, the Attorney General, the Office of the State Appellate Defender, and both houses of the General Assembly concerning expungements and the sealing of records for the preceding fiscal year. Amends the Unified Code of Corrections and the Illinois Human Rights Act by changing cross-references.

 

HB 4117 (Mulligan/Althoff-Harmon-Lightford)

 

Amends the Grow Your Own Teacher Education Act. With respect to the purpose of the Grow Your Own Teacher Education Initiative, provides that preparing highly skilled, committed teachers to teach in hard-to-staff schools includes preparing teachers to teach within the Department of Juvenile Justice School District.

 

HB 4173 (Fortner-Mathias/Hultgren)

 

Amends the Criminal Code of 1961. Provides that it is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person’s residence without that person’s consent when the recording or transmission is made outside that person’s residence by use of an audio or video device that records or transmits from a remote location. Establishes penalties and exemptions.

 

HB 4223 (May-Reitz-Pihos-Hernandez-Phelps/Luechtefeld-Collins, J.)

 

Amends the School Code and the Child Care Act of 1969.  Recommends that every occupied school building be tested for radon every 5 years.  Provides that it is recommended that new schools be built using radon resistant new construction techniques.  Allows a school district to maintain, make available for review, and notify payments and faculty of test results.. Requires a district to report radon test results to the Illinois State Board of Education.  Requires the State Board to prepare a report every 2 years of results and submit report to the General Assembly and the Governor.  Makes other provisions regarding the testing.

 

SB 99 (Steans-Althoff-Clayborne-Sullivan-Collins/Osterman-Holbrook-Joyce)

 

Amends the Environmental Protection Act. Defines “food scrap”. Exempts food scrap from the definition of the term “garbage”. Provides that the term “pollution control facility” does not include the portion of a site or facility (i) that is used for the composting of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste, including, but not limited to, corrugated paper or cardboard, and (ii) that meets a list of specified requirements. Specifies the type of notice that an applicant must give before the Agency may issue the applicant a permit to construct or develop a composting facility. Authorizes the Agency to develop standards concerning (i) performance standards for organic waste compost facilities and (ii) testing procedures and standards for the end-product compost produced by organic waste compost facilities. Provides that, except as otherwise provided in Board rules, solid waste permits for organic waste compost facilities shall be issued in a manner that obeys the Board’s Solid Waste Rules at 35 Ill. Adm. Code 807. Requires permits to include, but not to be limited to, measures designed to reduce pathogens in the compost.

 

SB 2338 (Harmon/Holbrook)

 

Amends the Alternative Gas Supplier Law in the Public Utilities Act. Provides that “single billing” means the combined billing of the services provided by both a natural gas utility and an alternative gas supplier to any customer who has enrolled in a customer choice program.

 

HB 163 (Tryon/Althoff)

 

Amends the Prevailing Wage Act.  Provides that when a public body awards a contract to a contractor without a public bid, the public body must supply the contractor with written notice on the purchasing order or on a separate document, that prevailing wage must be paid.  If a complaint is made to IDOL that prevailing wage was not paid and the contractor can prove that a written notice was not given, the public body must pay all fines as well as compensate the employees the wages consistent with the prevailing wage rate.

 

Provides that when a contractor awards a contract to a subcontractor on a prevailing wage job, the contractor must supply the subcontractor with written notice that prevailing wage must be paid.  If a complaint is made to IDOL that prevailing wage was not paid and the subcontractor can prove that a written notice was not given, the contractor must pay all fines as well as compensate the employees the wages consistent with the prevailing wage rate.

 

 

HB 265 (Davis, W./Raoul-Noland)

 

Amends the Uniform Disposition of Unclaimed Property Act.  Provides that property that may have been used in the commission of a crime or that may assist in the investigation of a crime, as determined after consulting standards developed by the State Police, shall be delivered to the State Police or other appropriate law enforcement authority to allow law enforcement to determine whether a criminal investigation should take place.  Further, any such property delivered to a law enforcement authority shall be held in accordance with existing statutes and rules related to the gathering, retention, and release of evidence.

 

HB 267 (Davis, W.-Froehlich-Arroyo-Jakobsson/Meeks-Collins)

 

Amends the Election Code.  Provides that grace registration runs through the 7^th (instead of the 14^th) day before a primary or general election.

 

HB 282 (Bellock-Pihos-Yarbrough-Washington-Arroyo/Martinez-Althoff-Dillard

 

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Adds to the definition of “missing endangered senior” a person with Alzheimer’s disease or related dementias who is reported missing. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct training programs (instead of a program) for law enforcement personnel of local governmental agencies in the statewide coordinated child abduction alert system and missing endangered senior alert system. Effective January 1, 2010.

 

HB 604 (Yarbrough-Osterman-Riley-Graham-Gordon, J./Lightford-Harmon-Collins)

 

Amends the Sale of Tobacco to Minors Act. Changes the title of the Act to the Sale and Distribution of Tobacco Products Act. Provides that a person shall not distribute without charge samples of any tobacco product to any other person, regardless of age: (1) at a retail establishment selling tobacco products; (2) from a lunch wagon; or (3) on a public way as a promotion or advertisement of a tobacco manufacturer or tobacco product. Provides that the prohibition applies even if the person who is intended to receive the tobacco product purchased another product from the person intending to distribute the tobacco product. Retains the same penalties as the penalties for distribution of tobacco products to minors. Amends the Liquor Control Act of 1934 and the Display of Tobacco Products Act to make conforming changes.

 

Provides that free samples of tobacco products may be distributed within a retail establishment selling tobacco products if the retailer has verified the purchaser’s age with a government issued identification. Provides that samples of tobacco products may be distributed in an adult-only facility. Defines “adult-only facility”. Deletes provision that the prohibition on the free distribution of tobacco samples applies even if the person who is intended to receive the tobacco product purchased another product from the person intending to distribute the tobacco product.

 

HB 721 (Fortner-Dunkin-Coulson-Mendoza/Dillard)

 

Amends the Illinois Human Rights Act.  Defines “order of protection status” as a person’s status as being a person protected under an order of protection issued under the Illinois Domestic Violence Act of 1986 or on order of protection issued by a court of another state.  Provides that discrimination against a person because of his or her order of protection status constitutes unlawful discrimination under the Act.  Effective January 1, 2010.

 

HB 748 (Ryg-Coulson-Pihos/Garrett)

 

Amends the Nursing Home Care Act and the Health Care Surrogate Act. Provides that within 30 days after admission to a nursing home, new residents who do not have a guardian of the person or an executed power of attorney for health care shall be provided with written notice of their right to provide the name of one or more potential health care surrogates that a treating physician should consider in selecting a surrogate to act on the resident’s behalf should the resident lose decision-making capacity. Provides that a signed copy of the resident’s declaration of a potential health care surrogate or decision to decline to make such a declaration, or documentation by the facility of the resident’s inability to make such a declaration, shall be placed in the resident’s clinical record and shall satisfy the facility’s obligation concerning Do-Not-Resuscitate orders. Provides that such a declaration shall be used only for informational purposes in the selection of a surrogate pursuant to the Health Care Surrogate Act. Provides that a facility that complies with these provisions is not liable to any healthcare provider, resident, or resident’s representative or any other person relating to the identification or selection of a surrogate or potential health care surrogate. Requires that a health care facility maintain a declaration of a potential surrogate or surrogates should the person become incapacitated or impaired in the patient’s medical records for the duration of the patient’s stay.

 

HB 866 (Osterman-Fortner-Harris/Steans-Harmon)

 

Amends the Day and Temporary Labor Services Act. Provides that, in a municipality with more than 1,000,000 inhabitants, a day and temporary labor service agency may not operate or transact business at a location that is within 1,000 feet of a school building or a building in which a Boys and Girls Club is located or real property comprising a school or a Boys and Girls Club. Exempts a day and temporary labor service agency that registered with the Department of Labor before January 1, 2008 and received an occupancy permit from the municipality for that location before January 1, 2008. Defines “school” as a public or private pre-school, elementary school, or secondary school. Contains a home rule preemption.

 

HB 2396 (Saviano-Pihos/Crotty)

 

Amends the Illinois Optometric Practice Act. Clarifies that optometrists may dispense/sell contact lenses that contain/deliver ocular pharmaceutical agents permitted for use or prescription under the Act.

 

HB 2506 (Pihos/Pankau)

 

Amends the State Commemorative Dates Act. Designates each September as Brain Aneurysm Awareness Month.

 

HB 2593 (Chapa LaVia-Farnham-Gordon, J./Holmes-Harmon-Collins-Lauzen-Millner)

 

Amends the State Commemorative Dates Act. Provides that the second Sunday in June each year is a holiday to be known as Children’s Day (El Dia de los Ninos). Provides that Children’s Day is to be observed throughout the State as a day to recognize and acknowledge the lives of all children.

 

SB 148 (Harmon-Althoff-Noland/Mathias-Froehlich-Boland-Soto)

 

Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission, in cooperation with a local law enforcement agency, may establish in any county or municipality a system for automated enforcement of railroad crossing violations. Establishes requirements for the system. Provides that local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. Provides that local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a notice of violation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides for civil adjudication of violations, in the same manner as automated red light violations. Provides that a civil fine of $500 shall be imposed for a first violation. Provides that a civil fine of $500 shall be imposed for a second or subsequent violation of violation of an automated rail crossing enforcement system.   Provides that the Secretary of State shall suspend the driving privileges of the registered owner of a vehicle that is involved in 5 of these violations for which the fine imposed has not been paid. Repeals the provision currently providing for the establishment of these systems.

 

SB 188 (Dillard/Beaubien)

 

Amends the Trusts and Trustees Act. Provides that a trust may be converted to a total return trust by an agreement of the trustee and all primary beneficiaries or all beneficiaries receiving income or principal and presumptive trust remaindermen (instead of all primary beneficiaries under the applicable virtual representation provisions of the Act). Provides that if there is no conflict of interest, a represented person, including a primary beneficiary or presumptive remainder beneficiary, and a minor, disabled, or unborn or unknown persons may be represented and bound by a party with a substantially identical interest. Provides that a total return trust conversion may be made between the trustee and all primary beneficiaries or other beneficiaries and presumptive remaindermen. Provides that a trust that provides a beneficial interest to a charity or charitable purpose not specifically named in the trust shall be known as a charitable interest and the Attorney General may represent and act on behalf of the charitable interest as to any dispute, including a nonjudicial settlement or a total return trust conversion. Provides that a nonjudicial settlement agreement between a trustee and all interested parties whose consent or joinder would be required for court approval is valid as to the matters of a trustee’s appointment, compensation, liability, or indemnification (instead of if all primary beneficiaries of a trust are adults any written agreement, other than a trust termination agreement, construing trust provisions regarding the trustee, between a trustee and all of the primary beneficiaries of a trust shall be final and binding on the trustee and all beneficiaries of the trust, both current and future, as if ordered by a court). These provisions apply to all existing and future trusts, court proceedings, and agreements entered into under this Section on or after the effective date (instead of these provisions apply to all existing and future trusts, but only as to agreements made on or after the effective date). Provides that notwithstanding other parts of the Act, nothing shall be construed to limit or affect the Attorney General’s authority to file an action or take other steps as he or she deems advisable at any time to enforce or protect the general public interest as to a trust that provides a beneficial interest or expectancy for one or more charities or charitable purposes whether or not a specific charity is named in the trust.

 

SB 583 (Frerichs/Hoffman-May)

 

Amends the Illinois Municipal Code. Authorizes a municipality to enter into voluntary agreements with the owners of property within the municipality to provide for contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property.

 

SB 1832 (Frerichs/Black)

 

Amends the Code of Criminal Procedure of 1963. Provides that an attorney admitted to practice in the State of Illinois, as an officer of the court, may also issue subpoenas in a pending action.

 

SB 1958 (Sullivan/Flider)

 

Amends the Illinois Vehicle Code. Changes the definitions of “custom vehicle” and “street rod” in the Illinois Vehicle Code to exclude certain vehicles that have been certified by an inspector of the National Street Rod Association. Provides that upon initial application for title and registration as a custom vehicle or street rod, the owner must have the vehicle inspected by the Secretary of State Department of Police rather than providing proof acceptable to the Secretary of State that, no more than 3 months before the date of the application for registration, the custom vehicle passed a safety inspection that (i) has been approved by the Secretary and (ii) is equivalent to the National Street Rod Association’s prescribed vehicle safety inspection. Provides title and registration content requirements for a custom vehicle or street rod. Provides that a vehicle previously titled as other than a custom vehicle or street rod may be issued a corrected title reflecting the custom vehicle or street rod model if it otherwise meets the requirements for the designation.

 

SB 1970  (Duffy-Hultgren-Righter-Koehler/Connelly-Cole-Fritchey-Osmond)

 

Amends the Solicitation for Charity Act. Provides that a charitable organization registered pursuant to the Act that receives in any 12 month period ending upon its established fiscal or calendar year contributions in excess of $300,000 shall file a written report with the Attorney General which shall include a financial statement covering the immediately preceding 12 month period of operation (now, in excess of $150,000).

 

SB 2289 (Schoenberg/Coulson)

 

Amends the Illinois State Collection Act of 1986. Eliminates the Debt Collection Board. Provides that the write off of uncollectible debt must be in accordance with the Uncollected State Claims Act. Provides that the 20% deposit into the Debt Collection Fund of amounts collected by the Bureau does not apply to accounts referred to the Bureau by the General Assembly, the Supreme Court and other courts of Illinois, or executive branch constitutional officers. Amends the Illinois Procurement Code to remove references to the Debt Collection Board.

 

HB 3717 (Howard/Raoul)

 

Amends the Counties Code and the County Jail Good Behavior Allowance Act. Provides that the Cook County Sheriff or his or her designee and/or the warden of the jail in any county may revoke the good behavior allowance of an inmate who is sentenced to the Illinois Department of Corrections for misconduct committed by the inmate while in custody of the Cook County Sheriff. Provides that if an inmate while in custody of the Cook County Sheriff is convicted of assault or battery on a peace officer, correctional employee, or another inmate, or for bringing into or possessing contraband in the penal institution, or for criminal damage to property, his or her day for day good behavior allowance shall be revoked for each day such allowance was earned while the inmate was in custody of the Cook County Sheriff.

 

HB 3934 (Ford-Franks-Chapa LaVia-Farnham/Raoul)

 

Amends the Criminal Code of 1961. Enhances the penalty for theft by one class higher if the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant.

 

HB 4066 (Froehlich/Silverstein)

 

Amends the Criminal Code of 1961. Provides for enhanced penalties if the defendant at the time of the commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and obtains or uses a communication service without the authorization of, or compensation paid to, the communication service provider, or assists or instructs any other person in doing so with intent to defraud the communication service provider.

 

HB 253 (Myers-Froehlich-Franks-Chapa LaVia-Hernandez/Dillard)

 

Amends provisions of the Illinois Vehicle Code making vehicles subject to seizure and forfeiture under specified circumstances. Deletes a reference to a provision that was eliminated from the statutes by Public Act 95-377. Corrects a reference to a provision that was renumbered by Public Act 95-377. Provides that a person’s vehicle is subject to seizure and forfeiture when the person is cited for the offense of driving while driving privileges are revoked or suspended, and the person’s driving privileges were revoked or suspended due to the offense of reckless homicide.

 

HB 820 (Hoffman-Franks-Holbrook-Reitz/Hutchinson)

 

Amends the Military Code of Illinois. Provides for the Adjutant General (i) to order Illinois National Guard personnel into active service for certain nonemergency functions and (ii) to make rules concerning military installations in conformity with federal rules. Provides for personnel to receive medical and dental treatment for injuries incurred “while on duty and lawfully performing the same” and to be treated for injuries, wounds, and disabilities at the nearest appropriate medical facility if a medical officer is not detailed. Provides for payment of medical treatment by the State.

 

HB 1131 (Myers-Bost-Black-Boland/Hutchinson-Harmon)

 

Amends the Elections Code. Permits the spouse and dependents of an active-duty member of the U.S. armed forces to vote military absentee ballots.  Permits return delivery of a military or overseas ballot (i) by mail, (ii) in person by a specified relative of the voter, or (iii) by a licensed motor carrier engaged in the delivery of property.

 

HB 1332 (Boland-Franks-Dugan-Crespo-Harris/Koehler-Harmon-Noland-Holmes-Dillard)

 

Creates the Official United States Flag Act. Provides that each agency of the State government and each unit of local government shall ensure that each United States flag that is flown at each building, structure, or facility that is owned or occupied entirely by the agency or unit of local government is manufactured in the United States.

 

HB 2244 (Biggins-Currie-Burke-Coulson-Davis,W/Steans-Cronin-Martinez-Collins)

 

Amends the State Finance Act and the Emergency Medical Services (EMS) Systems Act. Contains a preamble. Contains provisions regarding: development of portions of an EMS Region Plan concerning stroke; the triage, treatment, and transport of possible acute stroke patients; creation of Regional Stroke Advisory Subcommittees and a State Stroke Advisory Subcommittee; designation of hospitals as certified Primary Stroke Centers and Emergent Stroke Ready Hospitals by the Department of Public Health; grants to hospitals for the acquisition and maintenance of necessary infrastructure, including personnel, equipment, and pharmaceuticals for the diagnosis and treatment of acute stroke patients; reports; construction of the new provisions; violations; rules; and other matters. Creates the Hospital Stroke Care Fund as a special fund in the State treasury. Provides for: deposits into the Fund; purposes of the Fund; allocations; prohibition of interfund transfers; and other matters.

 

HB 2284 (Ford-Turner/Sullivan)

 

Amends the Personal Property Storage Act. Provides for administration of the Act by the Illinois Commerce Commission (instead of the Department of Agriculture). Makes changes concerning applications by limited liability companies, bond or insurance amounts, violation of the Commission’s rules, fees set by rule, investigators, civil penalties, license revocation, subpoenas, and oaths. Revises nomenclature. Provides that fees and fines shall be deposited into the Transportation Regulatory Fund and may be used to administer the Act. Amends the Illinois Vehicle Code to make conforming changes. Effective January 1, 2010.

 

HB 2644 (Reboletti-Sacia-Rose-Gordon, C.-Dunkin/Millner)

 

Amends the State Commemorative Dates Act. Designates the first Thursday of each year as Peace Officers Memorial Day. Recognizes each May 15th as National Peace officers Memorial Day.

 

HB 2750 (Sacia/Bivins)

 

Amends the Illinois Vehicle Code.  Provides that an application for a certificate of title for a homemade trailer must be accompanied by the appropriate documentation regarding the source of materials used in the construction of the trailer, as required by the Secretary of State, the trailer must be inspected by a Secretary of State investigator prior to the issuance of the title, and upon approval of the Secretary of State, the trailer must have a vehicle identification number, as provided by the Secretary of State, stamped or riveted to the frame

 

HB 3663 (Chapa LaVia/Demuzio-Holmes)

 

Amends the State Commemorative Dates Act. Designates the last Sunday in September (now, the second Sunday in August) as Gold Star Mothers’ Day.

 

HB 3721 (Kosel/Radogno)

 

Amends the Illinois Vehicle Code. Provides that the Department of Transportation may erect and maintain signs prohibiting excessive engine braking noise on interstate highways near weigh stations that are adjacent to residential areas or communities. 

 

HB 3956 (Reis-Black-Cavaletto-Tracy-Flider/Sullivan-Harmon-Sandoval)

 

Amends the Illinois Vehicle Code. Provides that in the counties outside of Cook, DuPage, Kane, Lake, McHenry, and Will, the maximum speed limit outside an urban district for a second division vehicle designed or used for the carrying of a gross weight of 8,001 pounds or more is 65 miles per hour on any interstate highway (rather than 55).

 

Provides that busses may travel at 55 miles per hour (rather than 60) on all highways, roads, or streets not under the jurisdiction of the Department of Transportation or the Illinois State Toll Highway Authority.

 

Provides that a house car, camper, private living coach, vehicles licensed as recreational vehicles, and any vehicle towing any other vehicle may travel at a speed of 65 miles per hour (rather than 55) in certain circumstances.  Effective January 1, 2010.

 

HB 3967 (Hernandez-Washington-Ford-Hatcher/Hunter-Harmon-Delgado-Holmes)

 

Amends the Elder Abuse and Neglect Act. Eliminates a reference to a repealed Act. Provides that upon sufficient appropriations to implement a statewide program, the Department on Aging shall implement a program, based on the recommendations of the Elder Self-Neglect Steering Committee, in connection with reports of possible self-neglect; eliminates a provision requiring the Department to take certain actions by January 1, 2008. Adds the following as persons entitled to access to records: (1) an executor or administrator of the estate of an eligible adult who is deceased; and (2) a coroner or medical examiner having proper jurisdiction, pursuant to a written agreement between a provider agency and the coroner or medical examiner, under which the provider agency may furnish to the office of the coroner or medical examiner a list of all eligible adults who may be at imminent risk of death as a result of abuse, neglect, financial exploitation, or self-neglect. Provides for consent to services by an agent having authority under a power of attorney.

 

HB 4027 (Burke/Sandoval-Harmon)

 

Amends the State Property Control Act concerning surplus real property. Requires utilization reports to be submitted by July 31 (instead of October 30), declarations of surplus real property to be made by October 31, (instead of December 31), and notification of State agencies by October 31 (instead of December 31).

 

 

HB 4030 (Myers-Berrios-Mendoza/Frerichs-Harmon)

 

Amends the Motor Fuel and Petroleum Standards Act. Provides that all biodiesel with a numerical value of B100 that is sold or offered for sale in the State of Illinois shall conform to the ASTM D6751 Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.

 

HB 4327 (Ford-Bassi/Sandoval-Harmon)

 

Amends the Illinois Vehicle Code. Provides that a person may not install or repair any sign, poster, window application, reflective material, nonreflective material, or tinted film upon the front windshield, sidewings or side windows immediately adjacent to each side of the driver. Provides that a first violation is a petty offense with a fine between $50 and $500, and a second or subsequent offense is a Class C misdemeanor with a fine between $100 and $500. Provides that an installer may install window treatment for who is legally permitted, due to medical reasons, to drive with window treatment that would otherwise be illegal and provides that the installer must obtain and store a copy of a doctor’s certificate or letter from the person with medical condition in the installer’s permanent records. Provides that the Secretary of State shall provide a notice of the requirements of a provision prohibiting driving a motor vehicle with any sign, poster, window application, reflective material, nonreflective material, or tinted film upon the front windshield, sidewings or side windows immediately adjacent to each side of the driver, unless an exception applies, to a new resident applying for vehicle registration.  The Secretary may provide this notice by posting the requirements of this section on the Secretary’s website.

 

HB 22 (Franks-Chapa LaVia-Jefferson, E.-Zalewski/Althoff-Viverito-Bivins-Demuzio-Hutchinson)

 

Amends the Court of Claims Act and the Line of Duty Compensation Act. Provides that in any case for which benefits have not been paid within 6 months of the claim being filed in accordance with the Line of Duty Compensation Act, which is pending as of the effective date of the amendatory Act, and in which there are 2 or more beneficiaries, at least one of whom would receive at least a portion of the total benefit regardless of the manner in which the Court of Claims resolves the claim, the Court shall direct the Comptroller to pay the minimum amount of money which the determinate beneficiary would receive together with all interest payment penalties which have accrued on that portion of the award being paid within 30 days of the effective date of the amendatory Act. Provides that in addition to the interest payments, the Court shall direct the Comptroller to add a “catch-up” payment to the claims of eligible claimants. Provides that for the 2 years immediately following the effective date of the amendatory Act, the Court of Claims shall direct the Comptroller to pay a “Modified-Eligibility Line of Duty Benefit” to eligible late claimants who file a claim for the benefit.  Further amends the Court of Claims Act to provide for the Court of Claims to establish a Gold Star and Fallen Heroes Families Assistance Program to access needs and provide information including a toll-free helpline, regarding filing and claims pursuant to the Line of Duty Compensation Act.  Provides that the Court of Claims will report annually to the Governor, both houses of the General Assembly, and the Department of Veteran’s Affairs information concerning the number of Line of Duty Compensation Act claims filed, approved, and pending.

 

SB 1493 (Viverito-Raoul-Noland-Haine/Zalewski-Franks-Chapa LaVia-Farnham-Moffitt)

 

Amends the Court of Claims Act. Provides statements in a preamble concerning assisting Gold Star families.  Provides for the Court of Claims to establish a Gold Star and Fallen Heroes (instead of Gold Star) Families Assistance Program to assess needs and provide information including a toll free helpline, regarding filing and claims pursuant to the Line of Duty Compensation Act.  Defines “Gold Star Family” as the family members of an individual who was killed in the line of duty and who was employed or serving in a capacity defined in the Line of Duty Compensation Act. Provides that the Court of Claims will report annually to the Governor, both houses of the General Assembly, and Department of Veterans’ Affairs information concerning the number of Line of Duty Compensation Act claims filed, approved, and pending.

 

SB 189 (Raoul-Collins-Althoff-Kotowski-Garrett/Madigan-Franks-Chapa LaVia-Beiser-Lang)

 

Amends the Open Meetings Act and the Attorney General Act concerning a Public Access Counselor in the Office of the Attorney General. Amends the Freedom of Information Act. Makes changes concerning: the Act’s purpose, policy, and presumptions; defined terms; procedures for responding to requests for disclosure of public records; fees; public body freedom of information officers; denial of requests; exemptions from disclosure; exempted security information; and civil penalties. Effective January 1, 2010.

 

 

 

HB 931 (Ryg-Turner/Sandoval)

 

Amends the Illinois Vehicle Code. Provides that no person may drive a commercial motor vehicle on a highway if such person’s driving privilege, license, or permit is, among other things, subject to, or in violation of, a “driver or vehicle out of service order” (rather than “out of service order”) while operating a vehicle designed to transport “16 or more passengers” (rather than “passengers”), including the driver, or while transporting “hazardous materials required to be placarded” (rather than “hazardous materials”). Exempts the drivers of commercial motor vehicles used primarily in the transportation of propane winter heating fuel and the drivers of motor vehicles used to respond to pipeline emergencies from the commercial driver’s license requirements, but only if such requirements would prevent the driver from responding to an emergency condition requiring immediate response, as defined by federal regulation. Disqualifies a person from driving a commercial motor vehicle if that person has been convicted more than once of violating certain combinations of provisions related to out-of-service orders. Increases the minimum and maximum penalties for certain violations of the Uniform Commercial Driver’s License Act.

 

HB 1348 (Senger-Connelly/Hultgren-Dillard)

 

Amends the Criminal Code of 1961. Provides that it is an exemption to the statute concerning eavesdropping with approval of the State’s Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or aggravated criminal sexual assault in which the victim of the offense was at the time of the commission of the offense under 18 years of age.

 

HB 2302 (Yarbrough-Black-Golar-Holbrook/Link)

 

Amends the Illinois Human Rights Act and the State Finance Act. Authorizes the Department to charge tuition for training it furnishes to non-governmental entities, other than not for profit groups with less than 50 employees or organizations in Illinois with 50 employees or less. Authorizes the Department to provide its training at no cost to not for profit groups or organizations that have no more than 50 employees, Department employees, other State agencies and instrumentalities, and community organizations. Provides that the Department will make training available to any other non-governmental entities on a tuition basis. Provides that tuition received shall be paid into the Department of Human Rights Training and Development Fund, a new special fund. Effective January 1, 2010.

 

SB 1738 (Demuzio/Feigenhotlz-Nekritz)

               

Removes a section from the Code of Civil Procedure concerning privileged communications. Deletes language that allows a person licensed under the Interpreter for the Deaf Licensure Act of 2007 to voluntarily testify in court hearings concerning matters of adoption, child abuse, child neglect, or other matters pertaining to children except as provided under the Abused and Neglected Child Reporting Act.

 

HB 1181 (Beiser/Forby)

 

Amends the Illinois Vehicle Code. Renames a “motorized pedalcycle” as a “moped” throughout the Illinois Vehicle Code and 2 Sections of the Cycle Rider Safety Training Act. Redefines “moped” as a motor-driven cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 mph but not greater than 30 mph, and is equipped with a motor that produces 2 brake horsepower or less. (rather than a motor-driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less). Provides that the Secretary may provide an expedited process for the issuance of vehicle titles. Provides that expedited title applications must be delivered to the Secretary of State’s Vehicle Services Department in Springfield and provides time requirements for processing those applications. Provides that the cost for expedited title services is $30 and all fees collected by the Secretary of State for expedited services will be deposited into the Motor Vehicle License Plate Fund. Provides that the registration fee paid by any vehicle owner who has been approved for benefits under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, or who has claimed and received a grant under that Act, or who is the spouse of such a person shall be $24 instead of the fee otherwise provided for specified types of vehicles. Deletes outdated language referring to senior citizen vehicle registration fees.

 

SB 54 (Garrett-Dillard-Steans-Schoenberg-Viverito/Madigan-Nekritz-Farnham-Franks-Davis, M.)

 

Amends the Illinois Governmental Ethics Act, the State Officials and Employees Ethics Act, the Secretary of State Act, the Secretary of State Merit Employment Code, the Comptroller Merit Employment Code, the State Treasurer Employment Code, the Personnel Code, the Children and Family Services Act, the Department of Human Services Act, the Governor’s Office of Management and Budget Act, the General Assembly Compensation Act, the Lobbyist Registration Act, the State Prompt Payment Act, the Illinois Public Aid Code, and the Whistleblower Act. Makes changes with respect to, without limitation: statements of economic interests; prohibited sources; promise of State employment benefits; revolving door provisions; whistleblower provisions; jurisdiction of ethics commissions; activities prohibited for Executive Ethics Commission members; activities prohibited for and compensation of Executive Inspectors General; duties of Inspectors General; anonymous allegations of ethics violations; investigations of ethics violations by the Attorney General and Special Inspectors General; Inspector General investigation reports, complaint procedures, and decision review; penalties for and injunctive relief against ethics violations; State agency inspectors general; budgets of the Executive Ethics Commission and Executive Inspectors General; expenditures to defray a legislator’s cost of performing governmental and public service functions; the registration and ethics training of and the reporting by lobbyists and lobbying entities; enforcement of lobbying provisions; complaints of and penalties for lobbying violations; and political fundraising in Sangamon County. Effective immediately in part and January 1, 2010, in part.

 

HB 10 (Beiser-McAsey-Dunkin-Holbrook/Haine)

 

Amends the Criminal Code of 1961. Defines “day care center,” “day care home,” “group day care home,” and “part day child care facility.”  Provides that the penalty for a robbery or burglary committed in a day care center, day care home, group day care home, or part day child care facility is a Class 1 (rather than a Class 2) felony.  Provides that for the penalty for a robbery or burglary committed in one of these centers, the time of day, time of year, and whether children under 18 years of age were present in the day care center at the time of the offense are irrelevant.

 

HB 47 (Brady-Davis, M.-Leitch-Bellock/Millner-Brady)

 

Amends the Freedom of Information Act. Exempts from the Act’s copying and inspection requirements data of law enforcement agencies on the mental and physical disabilities, defects, and maladies of individuals maintained for the safety of responding law enforcement officers, the individuals, and the public.

 

HB 50 (Brady-Franks-McGuire/Brady)

 

Amends the State Commemorative Dates Act. Designates February 5 of each year as Adlai Stevenson Day to honor and remember the public service of Adlai Stevenson II.

 

HB 437 (Beiser/Haine)

 

Amends the Public Community College Act. Makes changes in a Section allowing a community college district to levy a tax or issue bonds for alteration or repair of physical facilities for certain health, safety, energy conservation, environmental protection, and handicapped accessibility purposes. Provides that the district may levy the tax if, among other conditions, a certified estimate of a licensed architect or engineer stating the estimated amount (instead of stating the estimated amount of not less than $25,000) that is necessary to make alterations or repairs has been secured by the district. Provides that the district may borrow money if, among other conditions, a certified estimate of a licensed architect or engineer stating the estimated amount (instead of stating the estimated amount of not less than $25,000) has been secured by the district. Provides that Community College District No. 522 and Community College District No. 536 may by resolution or ordinance borrow an amount not to exceed $20,000,000 in the aggregate.

 

HB 567 (Gordon, C.-Bellock-Feigenholtz/Raoul-Harmon-Koehler-Collins, J.)

 

Amends the Election Code. Provides that a resident of a community-integrated living arrangement, as defined in Section 3 of the Community-Integrated Living Arrangements License Act, is a resident, for voting purposes, of the election jurisdiction which the arrangement is located.

 

HB 1033 (Flider-Froehlich-Jefferson-Farnham-Lang/Clayborne-Raoul-Crotty-Hunter)

 

Amends the Illinois Public Aid Code. Subject to appropriation, provides for Medicaid eligibility for uninsured persons who are not otherwise eligible for medical assistance who have been certified and referred by the Department of Public Health as having been screened and found to need diagnostic evaluation or treatment, or both, for prostate or testicular cancer. Provides for eligibility for so long as the person needs treatment for the cancer. Provides that a person shall be considered to need treatment if, in the opinion of the person’s treating physician, the person requires therapy directed toward cure or palliation of prostate or testicular cancer, including recurrent metastatic cancer that is a known or presumed complication of prostate or testicular cancer and complications resulting from the treatment modalities themselves; provides that persons who require only routine monitoring services are not considered to need treatment. Provides that the Department of Healthcare and Family Services (i) does not have a claim against the estate of a deceased recipient of services under these provisions and (ii) does not have a lien against any homestead property or other legal or equitable real property interest owned by a recipient of services under these provisions.

 

HB 2280 (Bellock/Steans-Harmon)

 

Amends the Mental Health and Developmental Disabilities Code. Provides that a petitioner in an involuntary admission’s case shall be notified of the respondent’s request for voluntary admission to a mental health facility and the petitioner’s right to object to such voluntary admission when the request was made prior to an adjudication of the matter and the facility director of the mental health facility has approved the respondent’s request. Provides that if voluntary admission is accepted and the petition is dismissed by the court, or if the respondent is found subject to involuntary admission, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the respondent’s discharge. Further provides that a facility director of a mental health facility shall notify the petitioner in a successful involuntary admission case, of the hospitalized person’s subsequent discharge at least 48 hours prior to discharge if the petitioner has requested in writing that such notification be given. Petitioner shall be notified of a request for voluntary admission if the facility director approves the request, provides that the petitioner shall be so notified “if the petitioner has requested such notification on that individual recipient”.  Effective January 1, 2010.

 

HB 2388 (Hernandez-Washington-Ford-Hatcher/Hunter-Harmon-Delgado-Collins, J.)

 

Amends the Elder Abuse and Neglect Act. Provides that “self-neglect” includes compulsive hoarding, which is characterized by the acquisition and retention of large quantities of items and materials that produce an extensively cluttered living space, which significantly impairs the performance of essential self-care tasks or otherwise substantially threatens life or safety.  Provides that the Department on Aging’s program of services for persons age 60 or older shall include the following services for eligible adults who have been removed from their residences for the purpose of cleanup or repairs: temporary housing; counseling; and caseworker services to try to ensure that the conditions necessitating the removal do not reoccur.

 

HB 4048 (Schmitz-Reboletti-Hatcher/Hultgren-Harmon)

 

Amends the Illinois Vehicle Code. Provides that a state’s attorney, assistant state’s attorney, and state’s attorney special investigators may elect to use the address of their place of employment instead of their domicile address when registering a motor vehicle under their name.

 

HB 4054 (Feigenholtz-Nekritz/Hunter-Harmon-Martinez-Collins-J.)

 

Creates the Foster Youth Successful Transition to Adulthood Act. Establish a program of transitional discharge from foster care for teenage foster children, enabling former foster youths under the age of 21 who encounter significant hardship upon emancipation to reengage with the Department of Children and Family Services, the Juvenile Court, or by referral from the Department of Human Services in order to secure essential supports and services available to foster youth seeking to learn to live independently as adults. Amends the Children and Family Services Act. Provides that an abused, neglected, or dependent minor for whom the court has granted a supplemental petition to reinstate wardship may be placed in the custody of or committed to the Department of Children and Family Services. Provides that the Department of Children and Family Services shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, to any minor eligible for the reinstatement of wardship, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. Amends the Juvenile Court Act of 1987. Provides that an abused, neglected, or dependent minor between the ages of 18 and 21 may be placed with the Department of Children and Family Services if (1) the court has granted a supplemental petition to reinstate wardship of the minor, or (2) the Court has adjudicated the minor a ward of the court, permitted the minor to return home under an order of protection, and subsequently made a finding that it is in the minor’s best interest to vacate the order of protection and commit the minor to the Department of Children and Family Services for care and service.  In addition the Department of Children and Family Services shall create  clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained, and that the Department of Children and Family Services and the Department of Human Services shall disseminate this information statewide.  Effective January 1, 2010.

 

SB 65 (Silverstein/Bradley)

 

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a proceeding related to interim attorney’s fees and costs in a pre-judgment dissolution proceeding (instead of interim attorney’s fees) shall be nonevidentiary and summary in nature (instead of nonevidentiary, summary in nature, and expeditious). Provides that all hearings concerning interim attorney’s fees and costs shall be scheduled expeditiously by the court. Provides that in dividing marital property, the court shall consider all relevant factors including each party’s contribution to the marital or non-marital property including (i) any decrease in value attributable to an advance from the marital estate or (ii) the contribution of the spouse as a homemaker or to the family (instead of the contribution of the spouse as a homemaker or to the family). Provides that interim attorney’s fees and costs may be awarded from the opposing party in a pre-judgment dissolution proceeding under the interim fees and costs provisions and in any other proceeding for attorney’s fees and costs (instead of under the Code’s interim fees and costs provisions). Provides that all petitions for or relating to interim fees and costs shall include an affidavit stating the factual basis for the requested relief and shall be expeditiously scheduled for hearing by the court. Provides that Code provisions concerning contribution to fees and costs apply to petitions for interim fees. Provides that deadlines for the filing of a praecipe or a petition for setting final fees and costs shall be tolled under specified conditions relating to an appeal or a post judgment motion. Provides that a consent judgment between client and counsel may be supported by the affidavit of the counsel of record that includes the counsel’s representation that the client has been provided an itemization of the detailed billings to the client (rather than incorporating the itemization).

 

SB 420 (Schoenberg/Walker-Farnham-Burns-Ramey-Franks)

 

Amends the Governmental Joint Purchasing Act. Authorizes the State, through the Department of Central Management Services, to purchase personal property, supplies, and services jointly with a governmental entity of another state or with a consortium of governmental entities of one or more other states. Provides that, subject to provisions of the joint purchasing solicitation with other states, the Department of Central Management Services may designate the resulting contract as available to governmental units in Illinois. Effective January 1, 2010.

 

HB 2507 (Pihos/Dillard)

 

Amends the Private College Campus Police Act. With respect to the members of a campus police department having the powers of municipal peace officers and county sheriffs, provides that the powers are for the protection of students, employees, visitors and their property, and the property, branches, and interests of the college or university in the county where the college or university is located (instead of requiring that these powers be exercised only on college or university property); makes related changes. Also gives members of the campus police department the ability to regulate and control traffic on the public way contiguous to the college or university property. Provides that the uniforms, vehicles, and badges of the campus police department officers shall be distinctive from those of the local law enforcement agency where the main campus (instead of just campus) is located.

 

SB 1715 (Harmon-Althoff-Holmes-Raoul/Miller-Dugan-Riley-Thapedi)

 

Amends the Illinois Public Labor Relations Act. With respect to collective bargaining of an initial agreement between non-public safety employees and an employer with fewer than 35 employees, establishes a schedule for (i) commencing bargaining, (ii) in the event of a dispute, requesting mediation from the Illinois Public Labor Relations Board in accordance with the Act’s provisions for public safety employee mediation, and (iii) in the event of an impasse, requesting arbitration in accordance with certain of the Act’s provisions for public safety employee arbitration.

 

SB 1922 (Garrett-Althoff-Collins-Wilhelmi/Cross-Flider-Leitch-Schmitz-Bellock)

 

Creates the 2-1-1 Service Act. Sets forth the findings of the General Assembly. Provides that “2-1-1″ is created as the official State dialing code for public access to information and referral for health and human services and information about access to services after a natural or non-natural disaster. Contains provisions concerning the designation of a lead entity for 2-1-1. Contains provisions concerning the establishment or prohibition of new information services by specified parties. Contains provisions concerning 2-1-1 services, including the promotion of 2-1-1. Contains provisions concerning the liability of 2-1-1 providers and telecommunications carriers. An entity that utilizes a private branch exchange may implement 2-1-1 service, this is repealed two years after the effective date. Amends the State Finance Act to create the 2-1-1 Account Fund in the State treasury to hold moneys from specified sources. Contains provisions concerning the use of moneys for projects and activities in support of 2-1-1-eligible activities. Provides that the lead entity shall provide an annual report to the General Assembly and the Illinois Commerce Commission beginning in calendar year 2010. Amends the Human Services 211 Collaboration Board Act to provide that the Act is repealed upon designation by the Secretary of Human Services that a lead entity is under contract with the Department of Human Services to carry out the provisions of the 2-1-1 Service Act.

 

HB 9 (Tracy-May-Reboletti/Dahl-Martinez)

 

Creates the Reflex Sympathetic Dystrophy Syndrome Education Act. Provides that the Department of Public Health, subject to appropriation, shall establish the Reflex Sympathetic Dystrophy Syndrome Education Program to promote public awareness of the syndrome and the importance of early detection, diagnosis, and treatment. Provides that the Department shall work with health care providers, local public health agencies, and other appropriate agencies to coordinate and promote professional programs that will educate lawyers, judges, arbitrators, and health care professionals about reflex sympathetic dystrophy syndrome.  Provides that the Department may accept gifts, grants, and donations from any source for the purposes of carrying out its duties under the Act.

 

SB 209 (Steans/Bellock)

 

Amends the Mental Health and Developmental Disabilities Code and the Probate Act of 1975. Provides that a person who may be voluntarily admitted to a mental health facility includes a person adjudicated a disabled person. Provides for voluntary admission to a mental health facility if the facility director determines and documents in the recipient’s medical record that the person (i) is clinically suitable for admission as a voluntary recipient and (ii) has the capacity to consent to voluntary admission (instead of if the director deems such person clinically suitable for admission as a voluntary recipient). (1) provides that a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand (instead of if the person understands) certain specified matters; and (2) eliminates, from the list of those specified matters, a statement that if the person does not request discharge from the facility, he or she may be confined for up to 30 days. Sets forth factors to be considered in determining whether a person has the capacity to consent to voluntary admission. Provides that a guardian of the person may not admit a ward to a mental health facility except at the ward’s request as provided in the Mental Health and Developmental Disabilities Code and unless the ward has the capacity to consent to such admission.

 

SB 212 (Koehler-Delgado-Steans-Althoff-Hunter/Feigenholtz-Stephens-Yarbrough-Bellock-Coulson)

 

Amends Sexually Transmittable Disease Control Act. Defines “expedited partner therapy” as a means to prescribe prescription antibiotics to the partners of persons diagnosed with a sexually transmittable disease, without an examination of the partner(s).  This legislation leaves expedited partner therapy up to the healthcare professional’s discretion.  The healthcare professional is given discretion to determine whether the partner is unlikely or unable to afford comprehensive healthcare such as evaluation, testing, and treatment for STD’s.

 

IDPH is required to provide information and technical assistance to health care professionals who provide “expedited partner therapy services”.

 

Authorizes healthcare professionals to prescribe antibiotics to the partner(s) of a patient diagnosed with chlamydia or gonorrhea, without an office visit by that partner.  This provision applies only to partners exposed within the previous 60 days.

 

Requires healthcare professionals to provide certain warnings to partners receiving expedited partner therapy.

 

Amends the Medical Practice Act, Nurse Practice Act and, Physician Assistant Practice Act by providing that any licensee under these Acts may not be disciplined for providing expedited partner therapy.

 

Further provides that health care professionals, who practice expedited partner therapy, from liability when acting in good faith. Protects health care professionals who choose not to provide expedited partner therapy. 

 

 

SB 246 (Sandoval/Reitz)

 

Amends the Public Water District act.  Provides that for terms commencing on or aftrer the effective date of the amendatory Act trustees of specified public water districts shall be paid no more that $1,200 per year (instead of $600 and $1,000).

 

SB 266 (Schoenberg-Dillard/Hoffman-Ryg-Turner-Durkin-Thapedi)

 

Creates the Public Interest Attorney Assistance Act to encourage qualified individuals to enter into and continue in employment in this State as assistant State’s Attorneys, assistant Public Defenders, civil legal aid attorneys, assistant Attorneys General, and assistant public guardians. Provides that the Illinois Student Assistance Commission shall establish and administer the Public Interest Attorney Loan Repayment Assistance Program for the primary purpose of providing loan repayment assistance to practicing attorneys to encourage them to pursue careers as public interest attorneys. Provides for the distribution of funds, in the form of a forgivable loan. Sets forth provisions concerning the creation of an advisory committee, the application process, eligibility requirements, the maximum amount of assistance, and prioritization.  Amends the State Finance Act to create the Public Interest Attorney Loan Repayment Assistance Fund.

 

SB 269 (Demuzio/Pihos)

 

Amends the School Code. In provisions concerning the duty of the regional superintendent of schools to conduct courses of instruction for school bus drivers, allows for an increase in fees for providing such courses.

 

SB 318 (Silverstein-Noland-Link/Saviano-Eddy-Verschoore-Reitz-Miller)

 

Amends the Medical Practice Act regarding physician delegation of authority.  Provides that a physician (medical doctor or chiropractor) may delegate tasks and duties to appropriately licensed or unlicensed individuals.  Delegation is appropriate only if the task and duty is within the education, training, or experience of the delegating physician and within the context of a physician-patient relationship.  The delegation from a physician to an unlicensed individual must be in an office or physician practice setting.  The unlicensed individual must possess “appropriate training and experience” for the delegated task or duty and practicing within the scope of his or her licensed professional’s individual licensing Act.  Furthermore, the physician delegating the task or duty must be on site to provide assistance.  Provides for the Illinois Department of Financial and Professional Regulation to promulgate rules concerning a physician’s delegation, including but not limited to, the use of a light emitting devices for patient care or treatment (laser hair removal).  Effective January 1, 2010.

 

SB 340 (Bond-Kotowski-Trotter/Fortner-Flowers-Chapa LaVia-Jakobsson-Collins)

 

Amends the Children and Family Services Act.  Requires the Department of Children and Family Services to conduct annual credit history checks of children placed under its guardianship pursuant to the Juvenile Court Act of 1987, beginning when a child turns 12 and until guardianship is terminated pursuant to the Juvenile Court Act of 1987. Requires the Department to determine if financial exploitation of the child’s personal information has occurred. Requires the Department to notify the proper law enforcement agency, the proper State’s Attorney, or the Attorney General if exploitation appears to be occurring or has occurred.

 

SB 577 (Bond-Millner/Nekritz)

 

Amends the Regional Transportation Authority Act. Provides that the Commuter Rail Board shall allow passengers to purchase fares by credit card (i) through an Internet website operated by the Board, (ii) at its LaSalle Street Station, Union Station, Ogilvie Transportation Center, and Millennium Station, (iii) at stations with agents, and (iv) from vending machines capable of providing fares by credit card at the 14 largest stations on the Metra Electric Line. Provides that the Board may not require a passenger who chooses to purchase a fare by credit card to pay an additional fee. Amends the State Mandates Act to require implementation without reimbursement.

 

SB 1133 (Martinez/Currie-Soto-Ramey-Hernandez)

 

Amends the Right to Privacy in the Workplace Act. Urges employers to consult the Illinois Department of Labor website for current information the accuracy of E-Verify and to review and understand an employer’s legal responsibilities relating to the use of E-Verify.  Requires the Illinois Department of Labor to post on its website information or links to information from the U.S. Government Accountability Office, Westat, or another reliable source independent of the Department of Homeland Security regarding accuracy of E-Verify, approximate financial burden and expenditure of time that use of E-Verify requires from employers, and an overview of employers’ responsibilities under federal and state law relating to the use of E-Verify. Prescribes procedures and safeguards that employers using E-Verify must comply with.  Provides that complaints alleging violations of the Acts provisions prohibiting employment discrimination must be filed with the Illinois Department of Labor.  Resort to Circuit Court is authorized if the administrative process does not resolve the complaint.  Provides for a $500 penalty for every employee affected by a willful and knowing violation of the Act. 

 

SB 1339 (Demuzio-Althoff/Stephens-Rita-Burke-Boland)

 

Amends the Illinois Roofing Industry Licensing Act. Exempts an individual seeking to serve as the newly designated qualifying party of a licensee under the Act from the examination requirement until January 1, 2012 if that individual has acted in the capacity of a roofing contractor for a period of at least 15 years for the licensee for which he or she seeks to be the qualifying party. Provides that a designated qualifying party is subject to the acceptance of the Department. Provides that the Department may refuse to accept a qualifying party (i) for failure to qualify as required under the Act and the rules adopted under the Act or (ii) after making a determination that the designated party has a history of acting illegally, fraudulently, incompetently, or with gross negligence in the roofing or construction business. Provides that the Department may, at any time after giving appropriate notice and the opportunity for a hearing, suspend or revoke its acceptance of a qualifying party designated by a licensee for any act or failure to act that gives rise to any ground for disciplinary action against that licensee under the Act. Provides that if the Department suspends or revokes its acceptance of a qualifying party, the license of the licensee shall be deemed to be suspended until a new qualifying party has been designated by the licensee and accepted by the Department. Provides a criminal penalty for knowingly submitting in a building permit application a roofing license number that is not that of the subcontractor for which the general contractor has requested the permit. Defines “seller of services or materials”.

 

SB 1341 (Holmes/D’Amico)

 

Amends the Vehicle Code, Clerk of the Courts Act and the Unified Code of Corrections.  Provides that any person who receives court supervision for a Vehicle Code violation shall pay an additional fee of $30 (rather than $20) in court supervision fees.  $9 of the additional fee shall be deposited into the Drivers Education Fund and the remaining $1 shall be deposited into the Circuit Court Clerk Operation and Administration Fund. Provides that one does not have to appear in court for their disposition of court supervision to be charged the additional $30 fine.

 

SB 1508 (Koehler-Radogno-Garrett/Pihos-Pritchard-Davis, M.)

 

Amends the Illinois School Student Records Act. Provides that nothing in the Act shall be construed to impair or limit the confidentiality of information communicated in confidence to a school social worker, school counselor, school psychologist, or school social worker, school counselor, or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist. Provides that no school employee shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law or rule or regulation.

 

SB 1557 (Delgado-Martinez/Hernandez-Mendoza-Durkin-Riley-Froehlich)

 

Amends the School Code. Provides that as part of the required curriculums on the history of the United States required by the School Code; that those curriculums shall include a unit of study on the events related to the forceful and illegal deportation of Mexican American U.S. Citizens during the Great Depression.

 

SB 1601 (Harmon-Althoff-Collins/Hoffman)

 

Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that “redevelopment project costs” include any direct or indirect costs relating to Green Globes or LEED certified construction elements, or construction elements with an equivalent certification.

 

SB 1631 (Silverstein-Righter-Dillard-Holmes-Wilhelmi/Lang-Connelly-Rose-Riley)

 

Amends the Counterfeit Trademark Act.  Defines “counterfeit mark” as a spurious mark that is applied to or used in connection with any goods, services, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation or packaging or any other components that are designed, marketed, or used with any goods or services that is identical or substantially indistinguishable from a registered mark whether or not the defendant knew the mark was registered and the application or use of the mark is likely to cause confusion, mistake or  deception.  Deletes provision that states that a “mark” includes any trademark or service mark whether registered or not. Provides that a “trademark” means anything adopted and used by a person to identify goods made, sold, or distributed by him or her and which distinguishes them from goods made, sold, produced, or distributed by  others and registered in Illinois, another state, or with the U.S. Patent and Trademark Office. Provides that a person who knowingly offers or sells counterfeit items having a retail value is guilty of a crime and increases the class of criminal offenses and the fines for those offenses. Provides that a peace officer shall (instead of may) upon probable cause seize any counterfeit items, counterfeit marks, or any component and shall, upon probable cause, seize any proceeds from an Act violation. Provides that a person who sells or uses fewer than 100 counterfeit items is guilty of a Class A misdemeanor, except as follows: a person with a prior conviction under the Act within the last 5 years is guilty of a Class 4 felony; a person who, as a result of the offense, causes bodily harm is guilty of a Class 3 felony; and a person who, as a result of the offense, causes serious bodily harm to, or the death of, another is guilty of a Class 2 felony.   Provides that a person who sells or uses 100 or more but fewer than 500 counterfeit items is guilty of a Class 3 felony (instead of Class A misdemeanor), except as follows: a person who has a prior conviction under the Act within the last 5 years is guilty of a Class 2 felony; and a person who, as a result of the offense, causes serious bodily harm to, or the death of, another is guilty of a Class 2 felony.   Provides that a person who sells or uses 2,000 more more counterfeit items is guilty of a Class 1 felony if the retail value is less than $500,000, except that a person who has a prior conviction under the Act within the last 5 years is guilty of a Class 1 felony and shall be fined between 100% and 300% of the retail value of all counterfeit items.  Provides that a person who sells or uses 2,000 or more counterfeit items having a retail value of $500,000 or more is guilty of a Class 1 non-probationable felony.  Provides that a state or federal certificate of registration of trademark is prima facie evidence of the facts stated therein.

 

SB 1801 (Righter/Mathias)

 

Amends the Illinois Elections Code.  Provides that permanent polling places designated by election authorities for early voting must remain open throughout the early voting period during the following hours:  weekdays– 8:30 a.m. – 4:30 p.m. or  9:00 a.m. – 5:00 p.m.; weekends—9:00 a.m. – 12:00 p.m.; and holidays—9:00 a.m. – 12:00 p.m.  Election authorities in counties with a population over 250,000 and cities, village, and towns, with a population over 100,000, must keep the polling places open for an additional 8 hours during the final weekend during early voting, and must be open for at least 8 hours on any holiday occurring during the early voting period.

 

SB 1877 (Kotowski-Righter/Mathias-Coulson-Mulligan-Senger-Wait)

 

Amends the State Employees Group Insurance Act of 1971, the Illinois Insurance Code, and the Health Maintenance Organization Act. Provides that a policy or plan that provides coverage for hospital or medical treatment on an expense incurred basis, may offer wellness coverage that allows for a reward, a contribution, a reduction in premiums or reduced medical, prescription drug or equipment copayments, coinsurance, or deductibles, or a combination of these incentives, for participation in any health behavior wellness, maintenance, or improvement program approved or offered by the insurer or managed care plan.  Provides that “wellness coverage” means health care coverage with the primary purpose to engage and motivate the insured or enrollee through: incentives; provision of health education, counseling, and self-management skills; identification of modifiable health risks; and other activities to influence health behavior changes.   Provides that the insured or enrollee may be required to provide evidence of participation in a program.  Provides that individuals who are unable to participate in incentives due to an adverse health factor shall not be penalized based upon an adverse health status. Sets forth requirements for alternatives for participants to satisfy applicable wellness program standards where it is unreasonably difficult due to the participant’s medical condition, and the ratio of the total incentive monetary amount to the cost of employee-only coverage.   Effective January 1, 2010.

 

SB 2026 (Millner/Mendoza-Franks-Chapa LaVia-Ryg)

 

Amends the Criminal Code of 1961.  Provides that the use of an eavesdropping camera or audio device by law enforcement is allowed during an ongoing hostage or barricade situation when the use of such device is necessary to protect the safety of the general public, hostages, or law enforcement officers.

 

SB 2045 (Jacobs-Crotty-Bomke-Lightford-Raoul/McAuliffe-Flowers-Durkin-Fritchey-Verschoore)

 

Creates the Blind Vendors Act. Creates the Business Enterprise Program for the Blind and provides that the Secretary of Human Services, through the Bureau Director of the Bureau for the Blind in the Department of Human Services, shall continue, maintain, and promote the Program. Provides that the Program must provide that: priority is given to blind vendors in the operation of vending facilities on State property; tie bid preference is given to blind vendors in the operation of cafeterias on State property unless the cafeteria operations are operated by employees of a State agency; vending machine income from vending machines on State property is assigned as provided in the Act; no State agency may impose a commission, service charge, rent, or utility charge on a licensed blind vendor who is operating a vending facility on State property except for specified commissions which shall be approved by the Department of Human Services; and vending facilities operated by the Program use reasonable and necessary means and methods to maintain fair market pricing in relation to each facility’s given demographic, geographic, and other circumstances. Contains provisions concerning: intent; exceptions; compliance with federal law; rules; establishment of vending facilities on State property; creation of a Blind Vendors Trust Fund as a separate account managed by the Department of Human Services for the State’s blind vendors; set-aside funds; vending machine income; issuance of licenses; creation of a Committee of Blind Vendors to participate in the development and implementation of all policies, plans, program development, and major administrative and management decisions affecting the Program; hearings; arbitration; reports and surveys; and other matters. Repeals the Blind Persons Operating Vending Facilities Act.

 

SB 2111 (Harmon/Reitz)

 

Amends the Title Insurance Act.  Provides that a title insurance company, title insurance agent, or independent escrowee shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds to be used in the disbursements meet certain enumerated criteria.  Effective January 1, 2010.

 

SB 1390 (Wilhelmi-Dillard-Althoff/Fritchey-McGuire)

 

Amends the General Not For Profit Corporation Act of 1986.  Notices required under the Act are considered delivered if transmitted electronically to the email address, facsimile number or other contact information appearing on the records of the corporation as may be authorized or approved in the articles of incorporation or the bylaws.  Provides for informal action by voting membership by mail, e-mail, or other electronic means (instead of a written consent by all members entitled to vote) and notice of the informal action must be delivered at least 5 days before the effective date to members who did not vote (instead of a written consent signed by less than all voters is only effective if notice of the proposed action is delivered 5 days before the effective date of the action and if, after the effective date of the consent, prompt written notice of the action is delivered to those who did not give written consent). In the case of a removal of one or more directors, a merger, consolidation, dissolution or sale, lease or exchange of assets the voting must remain open for at least 20 days from the date the ballot is delivered. An action being voted upon by an electronic ballot must receive the number of votes as required by the Act, articles of incorporation or the bylaws, provided that the number of members casting electronic votes would constitute a quorum if the action had been taken at a meeting.   Provides that writings by directors or members include electronic communications unless prohibited (instead of expressly permitted) by the corporation’s bylaws or incorporation articles. Provides that a voting member or the member’s agent may examine or copy the corporation’s records for a proper purpose and that a disputed records request is decided in circuit court (instead of a member may inspect all books and records for a proper purpose at a reasonable time). Provides that if a member wants to examine the corporation’s minutes, the burden of proof is on the corporation to establish that the voting member does not have a proper purpose.  Provides that a bylaws amendment eliminating a director position may shorten (instead of may not shorten) the terms of incumbent directors, if approved by those authorized to select the directors. The articles of incorporation of bylaws may provide that the removal of directors serving staggered terms be for cause only.  Conflict of interest provisions of the Act pertain only to transactions involving a director of the corporation.  A transaction between a corporation and a director in which such an individual has an interest, is not void or voidable solely for that reason if the material facts are disclosed and the board or members in good faith authorize the transaction by a majority vote or the transaction is fair at the time it is authorized (instead of if a transaction is fair to the corporation, the direct or indirect interest of a director is not grounds for invalidating the transaction). Provides that no director shall be liable unless the director earns more than $25,000 (instead of $5,000) per year as a director. With respect to filing Articles of Amendment, deletes the requirement of a statement that an amendment was adopted by written consent signed by members entitled vote, if the amendment was adopted in accordance with the procedures governing amendments by directors and members

.

SB 133 (Harmon/Graham-Ford-Colvin)

 

Amends the Counties Code, the Township Code, and the Illinois Municipal Code. Requires counties, townships, and municipalities to post or publish specified information pertaining to the Americans with Disabilities Act coordinator employed by the respective unit of local government. Requires counties, townships, and municipalities to post or publish specified information pertaining to the grievance procedures adopted by the respective unit of local government to resolve complaints alleging a violation of Title II of the Americans with Disabilities Act. Provides that, if a county, township, or municipality does not maintain a website, then the county, township, or municipality must publish in either a newspaper of general circulation or newsletter specified information, once every other year. Limits home rule powers. Amends the State Mandates Act to provide for implementation without reimbursement.

 

SB 145 (Righter/Rose-Durkin-Farnham)

 

Amends the Code of Criminal Procedure of 1963.  Provides that (in a domestic violence case) upon the request of the petitioner, the clerk of the circuit court shall send a certified copy of an order of protection to each specified health care facility or health care provider requested by the petitioner. Provides that the health care provider may place the order in the child’s records or use another method to identify these records. Provides that no health care provider who receives an order prohibiting a respondent’s access to the records of any child who is protected by the order shall allow a respondent access to the records unless the order has expired or the respondent shows a certified copy of an order vacating the other order. Provides that nothing shall be construed to require altered billing procedures. Provides that any person or facility that is licensed to administer health care shall not be civilly liable for any act or omission for complying with these provisions, except for willful and wanton misconduct. Further provides that upon the request of the petitioner, within 24 hours of the issuance of an order of protection, the clerk of the issuing judge shall send a certified copy of the order of protection to the day-care facility, pre-school or pre-kindergarten, or private school or the principal office of the public school district or any college or university in which any child who is a protected person under the order of protection or any child of the petitioner is enrolled.   Amends the Illinois Domestic Violence Act of 1986.  Deletes the requirement that the clerk must send written notice in addition to a certified copy of the order of protection.  Amends the Illinois Marriage and Dissolution of Marriage Act by making a conforming change.

 

SB 1866 (Sullivan/Davis, W.)

 

Amends the Illinois Vehicle Code. Expands use of “low-speed vehicles” on Illinois streets.  Defines a “low-speed vehicle” as any 4-wheeled vehicle with a maximum speed greater than 20 miles per hour but not greater than 25 miles per hour, that conforms with federal motor vehicle safety standards set forth for that vehicle. Provides the fee for a certificate of title for a low-speed vehicle is $30 and the registration fee is $18. Removes the requirement that the Secretary of State issue distinctive license plates for electric vehicles and adds the requirement the Secretary of State issue distinctive license plates for low-speed vehicles. Provides rules for the operation of a low-speed vehicle on streets. Provides rules for the operation of low-speed vehicles.

 

Provides upon determining that low-speed vehicles may not safely operate on a particular street, and upon the adoption of an ordinance or resolution by a unit of local government, or regulation by the Department of Transportation, appropriate signs shall be posted on that street in conformance with the State Manual on Uniform Traffic Control Devices adopted pursuant to Section 11-301 of the Illinois Vehicle Code.

 

HB 236 (Ryg-Farnham-Turner/Link-Althoff)

 

Amends the Mechanics Lien Act.  Provides that a contractor for improvements of an owner-occupied single family residence must give the owner written notice within 10 days after recording a lien against any property of the owner. Provides that the notice is served when it is sent or personally delivered. Provides that if timely notice is not given and, as a result, the owner has suffered damages before notice is given, the lien is extinguished to the extent of the damages. Provides that the mere recording of the lien claim is not considered damages. Provides that these changes do not apply to subcontractors and only apply to contracts entered into after the effective date. Effective immediately.

 

HB 353 (Winters-Black-Brauer/Syverson)

 

Amends the Illinois Vehicle Code. Provides that each school bus must display at the rear of the bus a sign indicating the telephone number of the owner of the school bus.  Deletes language providing that the sign shall indicate that the number is to be called to report erratic driving by the school bus driver.  Adds language requiring that the sign shall be in the form “TO COMMENT ON MY DRIVING, CALL (area code and telephone number of school bus owner)”. Provides that existing school busses carrying the sign conforming to the former requirements are not required to update the sign to the new requirements until the school bus owner replaces the sign.  Provides that a county or corporate authorities of a municipality may adopt all or any portion of the Illinois Vehicle Code by reference.  Provides for the issuance of the Distinguished Flying Cross license plate.   Provides that in addition to the appropriate registration fees, an applicant for the special plate shall be charged a fee of $15 at original issuance.  Provides that the fee shall be deposited into the Secretary of State Special License Plate Fund.   Effective January 1, 2010.

 

HB 436 (Ford-Sacia-Soto-Dugan-Washington/Lightford-Harmon-Delgado-Hunter-Raoul)

 

Amends the Civil Administrative Code.  Authorizes the Department of Commerce and Economic Opportunity (DCEO) to establish a program to distribute the federal money allotted in the Second Chance Act loans to ex-offenders, for the purpose of starting and running their own businesses not to exceed $5,000.  Provides that no grant shall cover more than 50% of the cost of developing a business plan.  Provides that persons who are not ex-offenders will not be eligible.  Effective January 1, 2010.

 

HB 648 (Davis, M.-Madigan-Howard-Collins, A.-Flowers/Haine-Cullerton-Meeks-Hunter-Link)

 

Amends the Vehicle Code.  Extends the repeal provisions concerning a traffic stop statistical study to 2015 (instead of 2010).

 

HB 797 (Wait/Syverson)

 

Amends provisions of the Illinois Vehicle Code exempting vehicles meeting certain criteria from registration. Provides that those provisions do not prohibit the exempt vehicle from towing another vehicle if the towed vehicle does not exceed the registered weight of 8,000 pounds, is used exclusively for transportation to and from the work site, is not used for carrying counter weights or other material related to the operation of the exempt vehicle while under tow, and displays proper and current registration plates.

 

HB 1293 (Saviano-Reitz/Haine)

 

Amends the Pharmacy Practice Act. Replaces “pharmacy intern” with “student pharmacist”. Sets forth certain requirements for a student pharmacist to assist in the practice of pharmacy and perform any and all functions delegated to him or her by a supervising pharmacist. Provides the Department of Financial and Professional Regulation certain powers and duties regarding nonresident pharmacies. Provides that disclosing protected health information in violation of any State or federal law is grounds for discipline for any license, registration, or application under the Act. In a provision concerning mental or physical examinations, provides that the Department shall specifically designate either an examining physician or a multidisciplinary team consisting of various medical professionals

 

HB 2283 (Soto/Martinez)

 

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in considering the best interest of a child, the court shall consider the terms of a parent’s military family-care plan that a parent in the military completes prior to deployment. Provides that with respect to the modification of any custody order that a party’s absence, relocation, or failure to comply with the court’s custody, visitation, or parenting time orders may not, by itself, be sufficient to justify a modification of a prior order if the reason for the absence, relocation, or failure to comply is the party’s military deployment.

 

HB 2443 (Reitz-Saviano-Turner/Haine-Harmon)

 

Amends the Hearing Instrument Consumer Protection Act. Provides that the Department shall grant reciprocity to a hearing instrument dispenser who has a valid license, or its equivalent, from another state which has an examination that is comparable to the examination required under the Act and who has been actively practicing as a hearing instrument dispenser for at least 3 months or is certified by the National Board for Certification in Hearing Instrument Sciences.  Provides for reciprocity for a licensed hearing instrument dispenser from another state, provided the state’s licensure requirements are comparable to those outlined under this  Act or under the International Hearing Society. In a provision concerning applicant qualifications, provides that persons applying for an initial license must demonstrate having earned, at a minimum, an associate degree or its equivalent from an accredited institution of higher education that is recognized by the U.S. Department of Education. In a provision concerning the areas of examination, provides that the examination shall be set forth by rule. In a provision concerning graduate audiology students, specifies that certain graduate students may engage in the dispensing of hearing instruments as part of an academic program of audiology (instead of program of audiology) without a license under the supervision of a licensed audiologist. In a provision concerning the expiration and renewal of licenses, provides that the expiration date and renewal period for licenses shall be set by rule and deletes all other requirements. In a provision concerning fees, provides that the examination and licensure fees shall be set forth by administrative rule and are not refundable.

 

HB 2542 (Yarbrough-Crespo-Bassi-Miller-Davis, M./Hutchinson-Wilhelmi-Jones, E.-Noland-Lightford)

 

Amends the Criminal Code of 1961. Adds elements to the offenses of stalking, aggravated stalking, and cyberstalking. Provides that a person also commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress.

 

Provides that if the conduct is committed using electronic communication, the offense is cyberstalking. Provides that a person also commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, violates a stalking no contact order or a civil no contact order. Provides that the provisions relating to stalking and aggravated stalking do not apply to any individual or organization monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. Provides that telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under these provisions, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of these provisions.

 

HB 2625 (Walker-Lang-Boland/Hutchinson-Koehler-Wilhelmi-Jones, E.)

 

Amends the Illinois Vehicle Code and the State Finance Act. Creates the International Brotherhood of Teamsters Fund as a special fund in the State treasury. Provides for the issuance of International Brotherhood of Teamsters license plates. Provides that in addition to the appropriate registration fees, an applicant for the special plate shall be charged a fee of $40 at original issuance and $27 at renewal. Provides that $25 of the additional original issuance fee and the renewal fee shall be deposited into the International Brotherhood of Teamsters Fund. Provides that $15 of the original issuance fee and $2 of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that, subject to appropriation by the General Assembly and approval by the Secretary of State, the moneys in the International Brotherhood of Teamsters Fund shall be paid as grants for religions, charitable, scientific, literary, educational, human services related assistance to the Teamsters Joint Council 25 Charitable Trust, an independent organization established and registered as a tax exempt entity under Section 501(c)(3) of the Internal Revenue Code. 

 

Creates the United Auto Workers’ Fund as a special fund in the State treasury. Provides for the issuance of United Auto Workers license plates. Provides that in addition to the appropriate registration fees, an applicant for the special plate shall be charged a fee of $25 at original issuance and at renewal. Provides that $10 of the additional original issuance fee and $23 of the renewal fee shall be deposited into the United Auto Workers’ Fund. Provides that $15 of the original issuance fee and $2 of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that, subject to appropriation by the General Assembly and approval by the Secretary of State, the moneys in the United Auto Workers’ Fund shall be paid as grants for charitable purposes supported by the Illinois local unions affiliated with the United Auto Workers.

 

HB 3649 (Ryg-Coulson/Silverstein)

 

Amends the Hospital Licensing Act. Provides that the Department of Public Health shall investigate every allegation of abuse of a patient received by the Department. Provides that no administrator, agent, or employee of a hospital or a member of its medical staff may abuse a patient in the hospital, and provides that any hospital administrator, agent, employee, or medical staff member who has reasonable cause to believe that any patient with whom he or she has direct contact has been subjected to abuse in the hospital shall promptly report or cause a report to be made to a designated hospital administrator responsible for providing such reports to the Department of Public Health. Sets forth other provisions concerning protection of hospital patients from abuse. Provides that if no health care surrogate is available for a patient who lacks decision-making capacity, then the hospital may contact the Guardianship and Advocacy Commission to determine the need for a temporary guardian of the person.

 

Provides that the Department of Public Health’s implementation of this program is subject to appropriation.

 

 

 

HB 3681 (McAsey/Noland-Harmon)

 

Amends the Illinois Vehicle Code.  Provides that a misdemeanor violation of the Vehicle   Code shall not be dismissed due to an error by the arresting officer or by the clerk of the court in setting the defendant’s first appearance date.

 

HB 3718 (Kosel-Franks-Farnham-Chapa LaVia/Harmon-Holmes-Pankau)

 

Amends the Counties Code.  In provisions concerning specified telecommunication and AM broadcast facilities in any county with a population of 180,000 or more, adds that a county board may grant variations after one public hearing held at a zoning or other appropriate committee meeting with proper notice.

 

HB 3991 (Coulson-Connelly-Sullivan-Senger-Pihos/Steans-Althoff-Schoenberg)

 

Amends the Firearm Owner Identification Card Act. Requires (instead of permits) the Department of State Police to deny an application or to revoke and seize a Firearm Owner’s Identification Card previously issued under the Act if the Department finds that the applicant or person to whom such card was issued is or was at the time of issuance the subject to an existing order of protection. Amends the Domestic Violence Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that if the court is satisfied that there is any danger of the illegal use of firearms, it shall include in the order of protection the requirement that any Firearm Owner’s Identification Card of the respondent be turned over to the local law enforcement agency for safekeeping.

 

Provides in the provisions relating to remedies in the Domestic Violence Article of the Code of Criminal Procedure relating to the prohibition of the respondent possessing firearms, that if the court is satisfied that there is any danger of the illegal use of firearms, and the respondent is present in court, then the court shall issue an order that the respondent’s Firearms Owner’s Identification Card be turned over to the local law enforcement agency for safekeeping. Provides that upon expiration of the period of safekeeping, if the firearms or Firearms Owner’s Identification Card cannot be returned to respondent because respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon petition from the local law enforcement agency, the court may order the local law enforcement agency to destroy the firearms, use the firearms for training purposes, or for any other application as deemed appropriate by the local law enforcement agency; or that the firearms be turned over to a third party who is lawfully eligible to possess firearms, and who does not reside with respondent.

 

In the amendatory changes to the Illinois Domestic Violence Act of 1986, provides that an emergency order of protection may be granted if there is good cause to prohibit the respondent from possessing firearms. Clarifies that the court may prohibit the respondent from entering or remaining in any “household” or “premises” of the petitioner (in addition to any “residence” of the petitioner).

 

SB 138 (Link-Koehler-Crotty-Silverstein-Lightford/Verschoore-Riley-Chapa LaVia-Phelps)

 

Amends the Capital Development Board Act.   Redefines the definition of “qualified inspector.”  Specifies the requirements that must be met after July 1, 2011 concerning building codes and inspections before a person may occupy a newly constructed commercial building in municipalities and counties that currently lack a building code for commercial construction. 

 

Amends the Illinois Public Building Commission Act. Requires notice to the Capital Development Board of certain municipality and county building codes. Redefines the term “building code”.

 

SB 235 (Lightford-Collins-Maloney/Turner-Chapa LaVia-Davis, M.-Flowers)

 

Amends the School Finance Authority Act of the School Code. Provides that upon the abolition of the Chicago School Finance Authority, all of its rights and property shall pass to and be vested in the Chicago Board of Education (instead of the State).

 

SB 1030 (Haine-Collins-Trotter-Delgado-Hunter/Turner-Golar-Reboletti-Collins)

 

Amends the Criminal Identification Act. Provides that law enforcement records maintained by the Department for minors arrested for an offense prior to their 17th birthday, or minors arrested for a non-felony offense, if committed by an adult, prior to their 18th birthday, shall not be forwarded to the Federal Bureau of Investigation unless those records relate to an arrest in which a minor was charged as an adult under any of the transfer provisions of the Juvenile Court Act of 1987. Amends the Juvenile Court Act of 1987. Provides that minors charged with a misdemeanor offense as a first offense are eligible for expungement review by the court upon their 18th birthday or when their sentences or the disposition of their cases are completed. Contains provisions regarding hearings, objections, determinations by the court, forwarding of copies of orders, and other matters. Provides for funding for expungement of juvenile records. Amends the Unified Code of Corrections. Provides for an additional $30 fine to be added to every penalty imposed in sentencing for a criminal offense upon a plea of guilty or finding of guilty resulting in a judgment of conviction, provides for disposition of the additional fine, and makes a corresponding change in the Counties Code.

 

SB 1300 (Dillard-Millner-Cullerton/Turner-Reboletti-Howard-Durkin-Fritchey)

 

Amends the Criminal Code of 1961. Contains provisions concerning the effect of a former prosecution, mental states, accountability, compulsion, solicitation, conspiracy, and attempt. Contains further provisions concerning second degree murder, concealment of a homicidal death, kidnapping, unlawful restraint, child abduction, visitation interference, trafficking in persons, involuntary servitude, mob action, contact with streetgangs, and terrorism and related offenses. Amends several other Acts to conform cross-references. Effective January 1, 2010.

 

SB 1325 (Dillard-Millner-Cullerton/Turner-Reboletti-Howard-Durkin-Fritchey)

 

Amends the Humane Care for Animals Act, the Criminal Code of 1961, the Code of Criminal Procedure of 1963, and the Violent Crime Victims Assistance Act. Removes provisions concerning forfeiture of property in connection with certain non-drug-related criminal offenses from the Criminal Code of 1961 and adds similar provisions to the Code of Criminal Procedure of 1963. Sets forth “standard forfeiture provisions” applicable to various criminal offenses, including definitions, exemptions from forfeiture, and court procedures for the forfeiture of property. Sets forth the persons and property that are subject to forfeiture. Sets forth requirements for distributing forfeited property and proceeds from the sale of forfeited property between law enforcement agencies and other entities. Makes these provisions applicable to actions pending on the effective date of this amendatory Act or commenced on or after that date. Changes cross-references as appropriate. Effective January 1, 2010.

 

SB 1335 (Trotter-Steans-Collins/Mautino-Burke-Lyons-Tyron-Yarbrough)

 

Creates the Bowling Center Act. Provides that the operator of a bowling center shall post in a conspicuous place near each bowling center entrance and exit a notice stating that bowling shoes are specialized footwear and are not intended to be worn outside a bowling center because the bowling shoes may be affected by substances or materials such as: snow, ice, rain, moisture, food, or debris and that such substances or materials on bowling shoes that have been worn outside a bowling center may cause the person wearing the bowling shoes to slip, trip, stumble, or fall on the floor or alley surfaces in the bowling center. Provides that if the operator posts a notice as required, the operator is not civilly liable, except for willful and wanton misconduct, for injuries resulting from a slip, trip, stumble, or fall inside the bowling center solely caused by some substance or material on the bowler’s bowling shoes that was acquired outside the bowling center immediately before entering or re-entering the bowling center. Applies only to causes of action accruing on or after January 1, 2010.

 

SB 1357 (Risinger-Wilhelmi/Moffitt)

 

Amends the Illinois Underground Utility Facilities Damage Prevention Act.  Adds language that provides that “underground utility facilities” or “facilities” means and includes wires, ducts, fiber optic cable, conduits, pipes, sewers, and cables and their connected appurtenances installed beneath the surface of the ground by (1) a holder, as that term is defined in the Cable and Video Competition Law of 2007, (2) any other entity owning or operating underground facilities that transport generated electrical power to other utility owners or operators or transport generated electrical power within the internal electric grid of a wind turbine generation farm, and (3) an electric cooperative as defined in the Public Utilities Act. Adds provisions related to the responsibilities of persons excavating in the event that the underground utility facilities are damaged. Provides that at no time shall a person be required by a utility to attempt to repair, clamp, or constrict a damaged utility facility.  Makes various other changes to update the Act.  Effective January 1, 2010.

 

SB 1511 (Koehler/Gordon, J.-Leitch-Smith)

 

Amends the Counties Code. Provides that a county board may by resolution or ordinance require that an occupancy permit be obtained for each newly constructed residential dwelling located outside the limits of cities, villages, and incorporated towns. Specifies that the county board may not require more than one occupancy permit per newly constructed residential dwelling. Provides that the county board may not require more than one “occupancy” permit per newly constructed residential dwelling. Provides that a county board may not impose a fee on an “occupancy” permit for a newly constructed residential dwelling unless it imposed a fee before the effective date of the amendatory Act.

 

SB 1560 (Koehler/Gordon, J.-Smith)

 

Creates the Industrialized Residential Structure Deed Restriction Act. Provides that a deed restriction or restrictive covenant may not prohibit or restrict the erection of an industrialized residential structure on real property, except for a deed restriction, restrictive covenant, or agreement that applies uniformly to all homes and industrialized residential structures in a subdivision may impose the same aesthetic compatibility requirements on an industrialized residential structure in the subdivision that are applicable to all residential structures in the subdivision. Applies only to deed restrictions or restrictive covenants recorded after the effective date of the amendatory Act.

 

SB 1729 (Schoenberg-Kotowski/Hamos-Fortner-May-Nekritz-Coulson)

 

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Authorizes the Department, on behalf of the State, to enter into public-private partnerships for the acquisition of equipment for Amtrak passenger rail service. Allows IDOT to enter into public-private partnerships to acquire equipment for “intercity” (instead of “Amtrak”) passenger rail service.

 

SB 1955 (Hutchinson-Althoff-Hunter/Hoffman-Dugan)

 

Amends the Military Code of Illinois. Provides for the Adjutant General (i) to order Illinois National Guard personnel into active service for certain nonemergency functions and (ii) to make rules concerning military installations in conformity with federal rules. Provides for personnel to receive medical and dental treatment for injuries incurred “while on duty and lawfully performing the same” and to be treated for injuries, wounds, and disabilities at the nearest appropriate medical facility if a medical officer is not detailed. Provides for payment of medical treatment by the State.

 

SB 2024 (Schoenberg/Lang)

 

Amends the Clerks of Courts Act. Provides that the fine for speeding in a school zone is increased by $5 which shall go to the school district or districts in which the offense occurred. Provides that the fine for violating the requirement to yield to a pedestrian in a school cross walk is increased by $50 which shall go to the school district or districts in which the offense occurred. Provides that a county with a drug court may adopt a mandatory fee of $5 to fund the drug court, less a 5% clerk processing charge, assessed against any defendant found guilty in a traffic case or who is ordered to pay a fine under the Unified Code of Corrections. Provides that a person found guilty, including court supervision, of a DUI in addition to any other fine is fined $500, or $1,000 for other than a first offense, payable to the clerk to be distributed as follows: $100 to the law enforcement agency or agencies that made the arrest and $400 to the General Revenue Fund. Provides that when a person has been adjudged guilty of a DUI and a crime lab DUI analysis was completed, in addition to any other disposition or fine, a crime lab DUI analysis fee of $150 shall be paid by the defendant. Provides that the court may suspend payment of the fee if the defendant does not have the ability to pay. Provides that if the fine assessed for a first offense of speeding in a construction zone is $250 or greater, there shall be an additional $125 fee paid by the defendant, which shall be deposited into the Transportation Safety Highway Hire-back Fund. Provides for other related changes. Provides that the fine for violating the requirement to yield to a pedestrian in a school cross walk is increased by $50 which shall go to the school district or districts in which the offense occurred.

 

SB 2172 (Raoul/Mendoza-Sacia-Franks-Burns-Holbrook)

 

Amends the Metropolitan Pier and Exposition Authority Act. Provides that the Authority may provide incentives to organizations and entities that agree to make use of the grounds, buildings, and facilities of the Authority for conventions, meetings, and trade shows. Provides that Authority shall certify to the Department of Commerce and Economic Opportunity, the Comptroller, and the Treasurer incentive amounts provided during the previous calendar year for certain qualified conventions, meetings, or trade shows. Provides that the amount certified shall be transferred from the General Revenue Fund to the Metropolitan Pier and Exposition Authority Incentive Fund, but not in excess of $10,000,000. Provides that moneys in the Metropolitan Pier and Exposition Authority Incentive Fund shall be used by the Department of Commerce and Economic Opportunity to reimburse the Authority for its previous year’s incentives. Amends the State Finance Act to create the Metropolitan Pier and Exposition Authority Incentive Fund. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department may enter into grant agreements to reimburse the Metropolitan Pier and Exposition Authority for incentives awarded by the Authority to attract large conventions, meetings, and trade shows to its facilities, subject to certain conditions. Authorizes the Department to contract with a vendor for the production of a tourism travel guide. Makes the following duties of the Department permissive rather than mandatory: surveying business awareness of domestic violence and sexual assault; operating an exporter award program; assisting in reemployment of former employees; and operating an advisory coal development board. Amends the Energy Conservation and Coal Development Act. Provides that the Coal Development Board may (instead of “shall”) provide advice and recommendations to the Department.

SB 2217 (Radogno-McCarter/Kosel)

 

Amends the Illinois Vehicle Code. Includes, in the definition of “approved driver education course”, a driver education course given at a Department of Defense Education Activity school that is approved by the Department of Defense Education Activity and taught by an adult driver education instructor or traffic safety officer.  Amends the Illinois Vehicle Code and the Department of Transportation Law of the Civil Administrative Code of Illinois. Creates enhanced skills driving schools and the rules that guide them and their instructors. Defines enhanced skills driving schools.  Provides fees collected under this bill shall be deposited into the Road Fund.  (The bill contains an annual application fee of $500 and $50 for each branch application, and an annual $70 fee for licensed instructors.)

 

HB 853 (Brauer-Froehlich-Boland-Ford-Turner/Munoz)

 

Amends the Illinois Vehicle Code.  Provides for issuance of Operation Iraqi Freedom license plates, at an additional initial charge of $15 with eligibility requirements to be determined by the Secretary of State.  Provides that the design, color, and format of the plates is wholly within the discretion of the Secretary of State.  Provides that the $15 additional initial charge shall be deposited into the Secretary of State Special License Plate Fund.  Provides that, beginning with the 2011 registration year, the registration fee shall be reduced by 50% for any vehicle owner who was on active duty as a member of the armed forces of the United States and stationed outside of the United States for a period of 90 days or longer during the preceding registration year.  Provides for a credit for the unused portion of a motor vehicle registration for a vehicle owner who was on active duty as a member of the armed forces of the United States and stationed outside of the United States for a period of 6 months or longer during the preceding registration year and who placed his or her registered motor vehicle in storage during the time that he or she served abroad.  Provides that the credit shall be one month for each month or part of a month that the vehicle was in storage and had current registration.  Further amends the Illinois Vehicle Code to provide that the Secretary of State may enter into an agreement with an owner of a rental car fleet who registers a fleet of motor vehicles of the first division to provide for the issuance of multi-year registration plates with a new registration card issued up to every 3 years.  Provides that each motor vehicle of the registered fleet must carry an unique multi-year registration card that displays vehicle identification number of the registered motor vehicle.  Provides that the Secretary of State shall promulgate rules in order to implement multi-year registrations.

 

HB 921 (Burke-Osmond-Boland-Biggins/Sandoval-Harmon-Millner)

 

Amends the Physical Fitness Facility Medical Emergency Preparedness Act; provides that a physical fitness facility must ensure that there is a trained automated external defibrillator (AED) user on staff “during staffed business hours”. Amends the Illinois Dental Practice Act.  Provides that each dental office in the State must develop and implement a written emergency medical plan, and provides that the plan must include staff responsibilities and office protocol for emergency procedures. Requires all dental offices that administer anesthesia or sedation to contain at least one AED on the premises at all times. Provides that the owner of a dental office is responsible for complying with these requirements.

 

Amends the Physical Fitness Services Act; provides that a physical fitness center shall have available and on its premises, during staffed business hours (instead of at all times during which members of such physical fitness center or other persons are engaged in physical fitness activities or receiving physical fitness services), at least one person who holds a valid certificate indicating that he or she has successfully completed a course of training in basic cardiopulmonary resuscitation.  A physical fitness center must have a licensed automate external defibrillator (AED) operator on site during operating hours.  However, a licensed operator is not required to be physically present during “all fitness activities.”

 

 

HB 926 (Burke-Yarbrough-May-Tryon-Lyons/Viverito-Delgado)

 

Amends the Counties Code. In a Section concerning the regulation of food establishments by the county board of any county having a population of 2,000,000 or more, changes the scope of the authorization from “food service establishments” to “retail food establishments”. Provides that a county and a municipality may enter into an intergovernmental agreement for the county’s certified local health department to perform any and all retail food inspections for the municipality. Makes other changes. Amends the Illinois Municipal Code. Requires a municipality in any county having a population of 2,000,000 or more to regulate and inspect retail food establishments in the municipality. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement.

 

HB 1142 (Tryon/Clayborne-Harmon-Holmes-Althoff)

 

Creates the Modular Housing Buyer Protection Act. Defines “modular home” to mean factory built housing regulated by the Illinois Department of Public Health that consists of a building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating, and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site with a permanent foundation. Provides that the state-approved modular dwelling unit must comply with all applicable State laws; that failure to comply is grounds for suspension, revocation, or refusal to grant approval to a manufacturer or an authorized inspection agency and that such actions shall be governed by the Department of Public Health’s Rules of Practice and Procedure in Administrative Hearings; that approved modular housing units shall have a specific seal in one of two designated locations; and that local building officials may require construction requirements in addition to the minimum State requirements.

 

HB 2246 (Fritchey-Froehlich/Haine)

 

Amends the Illinois Antitrust Act. Provides that the Attorney General may bring an action in the name of the State, as parens patriae (protector of all those unable to protect themselves) on behalf of Illinois residents, to recover damages under the Illinois Antitrust Act or any comparable federal law. Provides that these granted powers are in addition to the Attorney General’s parens patriae common law powers. Provides that no documentary material, transcripts of oral testimony, or answers to interrogatories (instead of no documentary material or transcripts of oral testimony) in the Attorney General’s possession are available for inspection other then by an employee of the Attorney General or law enforcement officials at the federal, State, or local levels (instead of federal or local levels) without the consent of the person who furnished those materials. Provides that all documentary materials, transcripts, or answers to interrogatories shall be treated as if produced pursuant to a subpoena. Provides that all documentary materials, transcripts, or interrogatory answers obtained by the Attorney General from law enforcement officials shall be treated as if produced pursuant to a subpoena served pursuant to the Act for purposes of maintaining the confidentiality of the information (instead of served pursuant to the Act).

 

HB 2539 (Saviano/Silverstein)

 

Amends the Probate Act of 1975. Provides that the Governor may appoint one person to serve as public guardian and public administrator in one or more counties (instead of one in each county). Provides that each public guardian must be certified by the Center for Guardianship Certification and that the Guardianship and Advocacy Commission shall provide professional training. Provides for fees and expenses for a public guardian and his or her temporary guardianship duties and establishes guidelines for fees. In language requiring a person appointed as public guardian to be certified as a National Certified Guardian by the Center for Guardianship Certification within 6 months after his or her appointment, adds a provision that the language applies to a public guardian appointed by the Governor. In language stating that a public guardian may petition the court for the payment of reasonable and appropriate fees on not less than a yearly basis, or sooner as approved by the court, adds language providing that, in counties having a population of 1,000,000 or less, the public guardian shall do so on not less than a yearly basis, or sooner as approved by the court.

 

HB 4120 (Walker-Farnham-Golar-Jackson, E.-Franks/Kotowski-Harmon-Hutchinson)

 

Amends the Property Tax Code. Provides that any taxing district may order the county clerk to abate its taxes on any property if (i) a new business first occupies a facility located on the property during the taxable year, and (ii) the facility was vacant for a period of at least 24 continuous months prior to being occupied by the business. Provides that the abatement requires a majority vote of the governing authority of the taxing district. Provides that the taxing district may abate all or a portion of its taxes on the qualified property. Provides that the abatement shall not exceed a period of 2 years and the aggregate amount of abated taxes for all taxing districts combined shall not exceed $4,000,000.

 

HB 4241 (Mautino-Franks-Chapa LaVia-Rita/Haine)

 

Amends the State Employees Group Insurance Act of 1971. Changes the maximum age of a dependent who is an unmarried child from 23 years old to 24 years old. Adds an unmarried child age 19 to 24 on a medical leave of absence to the definition of a dependent.  With respect to required enrollment in the health benefits plan by employees of participating entities other than the State, (i) requires that no more than 50% (now, 85%) of the employees of a participating unit of local government, school district, or rehabilitation facility must enroll if the unenrolled employees are spouses or dependents covered by another plan or policy and (ii) requires that no more than 50% (now, 100%) of the employees of a participating domestic violence shelter or child advocacy center must enroll if the unenrolled employees are spouses or dependents covered by another plan or policy.

 

SB 450 (Clayborne-Jacobs-Haine-Noland/Reitz-Jackson-Holbrook-Poe)

 

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers’ Occupation Tax Act. Provides that materials, parts, equipment, components, and furnishings incorporated into or upon an aircraft for the modification, refurbishment, completion, replacement, repair, or maintenance of the aircraft are exempt from taxation under the Acts.  Exempts aircraft refurbishers from charging state and local sales taxes upon various goods used in their work.

 

SB 807 (Hunter-Collins/Flowers-Howard-Ford-Davis, M.-Jakobsson)

 

Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Provides that the Department of Children and Family Services (DCFS) may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been called in to the hotline after completion of a family assessment and the Department has determined that services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment.  Provides that acceptance of such services shall be voluntary.  Provides that upon receiving a report of suspected child abuse or neglect, the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect, based on criteria that are set forth.  Provides that review of a final administrative decision under the Administrative Review Law is not applicable to a decision to conduct a family assessment because no determination concerning child abuse or neglect is made and nothing is reported to the central register.  Provides that beginning January 1, 2010, DCFS may implement a 5-year demonstration of a “differential response program”, which may provide that, upon receiving a report of suspected child abuse or neglect, the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect (instead of providing that upon receiving a report, the Department shall determine whether to conduct a family assessment or an investigation).  Provides that the Department shall arrange for an independent evaluation of the “differential response program” to determine whether it is meeting the goals in accordance with the Abused and Neglected Child Reporting Act.  Provides that the “demonstration” shall become a permanent program upon completion of the demonstration project period.

 

SB 1289 (Raoul-Wilhelmi-Steans/Burns-Durkin-Turner-Connelly-Davis, M.)

 

Creates the Illinois Crime Reduction Act of 2009. Provides that the Parole Division of the Department of Corrections and the Prisoner Review Board shall adopt policies, rules, and regulations that, within the first year of the adoption, validation, and utilization of the statewide, standardized risk assessment tool, result in at least 25% of supervised individuals being supervised in accordance with evidence-based practices; within 3 years of the adoption, validation, and utilization of the statewide, standardized risk assessment tool result in at least 50% of supervised individuals being supervised in accordance with evidence-based practices; and within 5 years of the adoption, validation, and utilization of the statewide, standardized risk assessment tool result in at least 75% of supervised individuals being supervised in accordance with evidence-based practices. Provides that the Governor’s Office shall convene a Risks, Assets, and Needs Assessment Task Force to develop plans for the adoption, validation, and utilization of such an assessment tool. Provides that the Department of Human Services shall provide administrative support for the Task Force. Provides that the Secretary of Human Services and the Director of Corrections shall convene and act as co-chairs of an oversight board to oversee the Adult Redeploy Program.

 

SB 2256 (Wilhelmi-Althoff/Thapedi-Feigenholtz-Osmond-May)

 

Amends the Health Care Surrogate Act. Provides that a consent to a DNR advance directive shall be witnessed by one individual (instead of 2 individuals) 18 years of age or older.  Provides that the witness to a consent to a DNR Advance Directive shall attest that the individual, other person, guardian, agent, or surrogate (1) has had an opportunity to read the form; and (2) has signed the form or acknowledged his or her signature or mark on the form in the witness’s presence.

 

HB 152 (Mendoza-Harris/Frerichs-Kotowski-Clayborne-Hunter-Collins, J.)

 

Creates the Organ Transplant Medication Notification Act.  Provides that if a prescribing physician has indicated “may not substitute” on a prescription, a health insurance policy or health care plan that covers immunosuppressant drugs may not require a pharmacist to interchange another drug without documented consent of patient and the prescribing physician. Provides that the patient co-pays, deductibles or other charges for a prescription immunosuppressant not subject to substitution remain the same for the enrollment period of the policy.  Requires at least 60 days written notice by a policy or plan sponsor to the prescribing physician and patient of any formulary change that alters the terms of coverage or discontinues coverage for a prescribed immunosuppressant that a patient is receiving.  The notice must provide information regarding the initiation of an appeal by the prescribing physician of the intended formulary change.  As an alternative, the notification may delivered electronically if the patient has affirmatively elects to receive electronic notice or,  the notice may be given to the patient at the time a request to refill the prescription is made, together with a 60-day supply of the immunosuppressant of refilling the prescription.  Authorizes the use of managed pharmacy care tools including formulary tiers, generic substitution, and prior authorization so long as the policy or plan sponsor has an exception process that allows the prescribing physician to petition for coverage of a non-preferred drug based on clinical reasons.

 

HB 574 (Turner-Lang-Hoffman/Schoenberg)

 

Creates the Public Interest Attorney Assistance Act.   Encourages qualified individuals to enter into and continue in employment in this State as assistant State’s Attorneys, assistant Public Defenders, civil legal aid attorneys, assistant Attorneys General, assistant public guardians, Illinois Guardianship and Advocacy Commission attorneys, and legislative attorneys. Provides that the Illinois Student Assistance Commission shall establish and administer the Public Interest Attorney Loan Repayment Assistance Program for the primary purpose of providing loan repayment assistance to practicing attorneys to encourage them to pursue careers as public interest attorneys. Provides for the distribution of funds in the form of a forgivable loan. Sets forth provisions concerning the creation of an advisory committee, the application process, eligibility requirements, the maximum amount of assistance, and prioritization. Amends the State Finance Act to create the Public Interest Attorney Loan Repayment Assistance Fund.

 

HB 810 (Pihos-Reboletti-Coulson-Senger-Farnham/Haine-Althoff-Rutherford-Hutchinson)

 

Amends the Alzheimer’s Special Care Disclosure Act. Provides that under the Act, “facility” includes a facility designated as a supportive living facility under the medical assistance program under the Illinois Public Aid Code. Provides that a facility must disclose certain information to the (instead of a) State agency responsible for licensing or permitting the facility and (instead of or) to a potential or actual client of the facility or such a client’s representative. Deletes a provision that such disclosure must be made only on the request of the agency or the client.

 

HB 1105 (Reboletti-Schmitz-Franks-Chapa LaVia-Farnham/Murphy-Harmon-Cronin)

 

Amends the Criminal Code of 1961. Adds new subsection to the offense of disorderly conduct.  Under this subsection, a person who knowingly transmits or causes to be transmitted a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session, is guilty of disorderly conduct.  The penalty for this offense is a Class 4 felony (1-3 years imprisonment).

 

HB 2491 (Smith-Holbrook-Verschoore/Garrett-Harmon)

 

Amends the Drycleaner Environmental Response Trust Fund Act. Provides that any notice of assessment of civil penalties under the Act is subject to appeal to the Administrator of the Drycleaner Environmental Response Trust Fund Council within 60 days of the final decision. Sets out the procedure for appealing the Council’s decision. Authorizes the Council to appoint an administrative law judge to preside at hearings resulting from the appeal of Council decisions. Eliminates a time period for the submission of invoices and bills relating to reimbursement for remediation work. Provides that, in the case of a renewal applicant, the amount of drycleaning solvents used for purposes of determining the annual licensing fee under the Act is determined by the quantity of drycleaning solvents actually purchased (now “used”) in the preceding license year. Relocates provisions setting out penalties for (i) a dry cleaning facility that has failed to pay the licensing fee and (ii) a person who knowingly sells or transfers drycleaning solvents to an unlicensed drycleaning facility. Deletes a provision setting out a penalty for a person who provides a false certification for purposes of purchasing dry cleaning solvent. Provides a tax reimbursement for sellers of dry cleaning solvents that timely submit a tax return. Creates a new Section setting out civil penalties and procedures under the Act. Authorizes the Attorney General to institute civil actions in specified circumstances under the Act on behalf of the people of the State of Illinois.

 

HB 3795 (Collins-Bellock-Dunkin-Harris/Hunter-Harmon-Collins)

 

Amends the Drug Court Treatment Act. Provides that the Chief Judge of each judicial circuit must establish a drug court program including the format under which it operates under the Act.  Allows two or more counties within the same judicial circuit to join together to form a single drug court program for those counties. 

 

SB 451 (Link/Currie)

 

Amends the Cigarette Tax Act and the Cigarette Use Tax Act. Makes changes to the definition of “contraband cigarette”. Makes changes concerning tax stamp requirements. Provides that an applicant who owes any delinquent cigarette taxes (instead of $500 or more) is ineligible for a distributor’s license. Provides that out-of-state manufacturers who are not licensed distributors, but who ship and deliver unstamped original packages of cigarettes into the State, shall obtain a permit from the Department of Revenue. Contains provisions concerning the obligations of the permittee. Prohibits makers, manufacturers, and fabricators from selling original packages of cigarettes to retailers. Changes the definition of “transporter”. Increases certain penalties and fees. Makes numerous other changes. Effective January 1, 2010, except that certain provisions concerning a repealer take effect upon becoming law.

 

SB 1928 (Delgado/Lang)

 

Amends the State Finance Act. Creates the Department of Human Rights Special Fund. Provides that moneys in the Department of Human Rights Special Fund are not subject to transfer to the General Revenue Fund. Amends the Illinois Human Rights Act to provide that the registration fee for filing an Employer Report Form is $75, and that the Department of Human Rights Special Fund is not subject to administrative charges or charge-backs. Effective January 1, 2010.

 

SB 47 (Pankau-Duffy-McCarter/Davis, W.-Miller)

 

Amends the Illinois Procurement Code. For each State contract for goods, supplies, or services awarded on or after July 1, 2010, requires that the contracting State agency include the unit or rate of measurement of the goods, supplies, or services on the contract obligation document submitted to the Comptroller and that the Comptroller post that information, if provided, on his or her official website.

 

SB 1685 (Sullivan, J.-Righter-Trotter/Lyons-Myers-Yarbrough)

 

Amends the Smoke Free Illinois Act. In the provision concerning definitions, provides that “smoke” or “smoking” does not include smoking that is associated with a native recognized religious ceremony, ritual or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act.

 

HB 170 (Tryon-Nekritz-Arroyo-Bellock-May/Garrett-Viverito-Noland-Althoff)

 

Amends the Private Sewage Disposal Licensing Act. Provides that a surface discharging private sewage disposal system with a discharge that enters the waters of the United States, as that term is used in the Federal Water Pollution Control Act, shall not be constructed or installed after January 1, 2013, by any person unless he or she has a coverage letter under a National Pollution Discharge Elimination System (NPDES) permit issued by the Illinois Environmental Protection Agency (EPA) or he or she constructs or installs the surface discharging private sewage disposal system in a jurisdiction in which the local public health department has a general NPDES permit issued by the Illinois EPA and the surface discharging private sewage disposal system is covered under the general NPDES permit.

 

Amends the Environmental Protection Act. Provides that beginning January 1, 2013, no person shall construct or install a surface discharging private sewage disposal system that discharges into the waters of the United States, as that term is used in the Federal Water Pollution Control Act, unless he or she has a coverage letter under a NPDES permit issued by the Illinois EPA or he or she is constructing or installing the surface discharging private sewage disposal system in a jurisdiction in which the local public health department has a general NPDES permit issued by the Illinois EPA and the surface discharging private sewage disposal system is covered under the general NPDES permit. Defines “surface discharging private sewage disposal system”.

 

HB 237 (Tracy-Coulson-Senger-Cavaletto-Reboletti/Demuzio-Hutchinson-Holmes-Schoenberg-Noland)

 

Amends the State Prompt Payment Act. Provides that any bill submitted under Article V of the Illinois Public Aid Code approved for payment must be paid or the payment issued to the payee within 60 days of receipt of a proper bill or invoice, and, if payment is not issued to the payee within this 60-day period, an interest penalty of 2.0% (now, 1.0%) of any amount approved and unpaid shall be added for each month or fraction thereof after the end of this 60-day period, until final payment is made.  Includes within the definition of “goods or services”, prevention, intervention, or treatment services and supports for persons with developmental disabilities, mental health services, alcohol and substance abuse services, rehabilitation services, and early intervention services provided by a vendor, which includes but is not limited to a licensed community-based provider.

 

HB 366 (Franks-Currie-Flowers-Coulson-Chapa LaVia/Hutchinson-Wilhelmi-Hunter-Demuzio-Martinez)

 

Amends the Mobile Home Local Services Tax Act to change a reference from the Department of Revenue to the Department on Aging in connection with applications filed under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Amends the Citizens Utility Board Act to delete a reference to the Department of Revenue in connection with mailings made under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Provides that common references to the “Circuit Breaker Act” mean the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Makes changes to implement Executive Order No. 3 of 2004, which transferred administration of the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act from the Department of Revenue to the Department on Aging and the Department of Healthcare and Family Services. Makes other changes with respect to definitions, applications for benefits, income eligibility limitations, appeals of denials of claims, recovery of amounts paid on account of an erroneous or fraudulent claim, regulations, and other matters.  Effective January 1, 2010.

 

HB 557 (Chapa LaVia-Franks/Holmes-Harmon-Steans)

 

Amends the Criminal Code of 1961. Expands the statute concerning interference with a public institution of higher education to also include interference with public elementary and secondary schools. Provides that if the interference with the public institution of education is accompanied by a threat, the person commits a Class 3 felony and may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years and may be prosecuted for intimidation.

 

HB 723 (Fortner-D’Amico-Lyons-Ramey-Reboletti/Link-Cronin)

 

Amends the Election Code. Provides that when a political party committee fills a vacancy in nomination occurring because the name of a political party’s candidate did not appear on the general primary ballot and no write-in candidate was nominated, the vacancy may be filled only by a person designated by the appropriate committee of the political party and only if that designated person files nominating petitions within the number of signatures required for an established party candidate for that office within 75 days after the day of the general primary.  The circulation period for those petitions begins on the day the appropriate committee designates that person.  The person must file his or her nominating petitions, statements of candidacy, notice of appointment by the appropriate committee and receipt of filing his or her statement of economic interest together.  Provides that the State Board of Elections shall hear and pass upon all objections to nomination petitions filed by candidates under these provisions.

 

HB 2279 (Bellock-McAuliffe-Pihos-Mathias/Dillard-Harmon)

 

Amends the Alternative Health Care Delivery Act. Provides for 2 authorized community-based residential rehabilitation center alternative health care models (instead of one such model). Eliminates a provision requiring location of such a center south of Interstate Highway 70.

 

HB 2547 (Fritchey/Steans)

 

Amends the Illinois Human Rights Act. Provides that with respect to a non-sectarian nursery, day care center, school, or other place of education that is a place of public accommodation, as defined in the Act: (a) the exercise of free speech, free expression, free exercise of religion or expression of religiously based views by any individual or group of individuals that is protected under the First Amendment to the United States Constitution or under Article I of the Illinois Constitution, shall not be a civil rights violation; and (b) the jurisdiction of the Department is limited to: (1) the failure to enroll an individual; (2) the denial of access to facilities, goods, or services; (3) severe or pervasive harassment of an individual when the covered entity fails to take action, or (4) the failure of a covered entity to take corrective action to stop harassment, bullying, or similar acts against an individual (instead of in regard to the failure to enroll an individual or the denial of access to its facilities, goods, or services, except that the Department shall not have jurisdiction over charges involving curriculum content, course content, or course offerings, conduct of the class by the teacher or instructor, or any activity within the classroom or connected with a class activity such as physical education). Effective January 1, 2010.

 

SB 390 (Koehler/Mautino-Eddy-Chapa LaVia-Gordon, J. -Winters)

 

Amends the Illinois Finance Authority Act. Includes an Energy Efficiency Project as a project eligible for financing under specified provisions. Changes provisions concerning the findings and declarations of the General Assembly. Defines “Energy Efficiency Project” as measures that reduce the amount of electricity or natural gas required to achieve a given end use. Specifies the bond authorization and financing limits for an Energy Efficiency Project. Specifies the criteria for participation of an Energy Efficiency Project in a financing program. Specifies the conditions under which an Energy Efficiency Project must provide the Illinois Finance Authority additional security. Effective January 1, 2010.