Several new laws become effective today including one that amends forms and databases to include LGBTQ status for appointees to Gubernatorial boards and commissions. Previously, the law provided that the gender, ethnicity and disability status of each appointee be made public in order to assure that appointees were from diverse gender groups and ethnic groups.
However, the new law, which was passed as Senate Bill 1670 allows appointees to volunteer their sexual orientation on the form for entry into the database. Local State Representatives Kelly Burke and Fran Hurley voted yes as the House passed the bill 95-12. Senator Bill Cunningham voted yes also as the Senate passed it by a 46 to 4 vote.
Other laws that become effective today include:
Reducing chronic absenteeism in Illinois schools (Public Act 100-156, House Bill 3139)
Beginning July 1, 2018, every school district, charter school, alternative school or any school receiving public funds will be required to collect and review its chronic absence data and determine what systems of support and resources are needed to engage chronically absent students and their families in order to encourage the habit of daily attendance and promote success.
Strengthening the State Prompt Payment Act (Public Act 100-549, House Bill 3143)
The State Prompt Payment Act is now expanded to include all human services contractors, as currently only some are eligible for interest penalty payments from the state; such as state group insurance, providers of early intervention, developmental disabilities, and mental health services. This new law requires that all vendors who provide prevention, intervention, treatment services and supports for youth be paid within the 60-day timeframe, or else be eligible for interest penalty payments.
Juvenile Justice Reform (Public Act 100-157, House Bill 3165)
The law requires Department of Juvenile Justice personnel to undergo “restorative practice” training and defines restorative practices to mean programs and activities based on a philosophical framework that emphasizes the need to repair harm through a process of mediation and peace circles in order to promote empowerment and reparation. Restorative justice practices are believed to lead to outcomes including increased satisfaction from those harmed by criminal behavior, higher rates of completion of consequences, lower rates of recidivism as well as a greater sense of safety in communities.
Protecting at-risk youth in DCFS cases (Public Acts 100-158, House Bill 3168)
This law amends the Abused and Neglected Child Reporting Act to require that prior to classifying a report, it must be determined whether the child named in the report is the subject of a juvenile delinquency action with an open placement or intact family services case with DCFS or the subject of an abuse, neglect, or dependent minor action. DCFS will be required to provide a copy of the report with a written notice of the Department’s intent to the child’s attorney or appointed guardian ad litem within 45 days of classification. This will allow guardians ad litem to better serve Illinois’ youth in their time of need.
Transportation regulation reform (Public Act 100-160, House Bill 3172)
Intrastate transportation companies in Illinois will now only need to have their vehicles tested every twelve months, rather than every six months, which matches federal law and Illinois’ neighboring states.
Transitional housing for at-risk youth (Public Act 100-162, House Bill 3212)
16 and 17 year olds will now be eligible for youth transitional housing if they lack a regular, fixed, and adequate place to live, are living apart from their parents or guardian, desire services, or services are available and either parent/guardian has given their consent. Currently, 16 and 17 year olds are only allowed to remain in transitional housing for 21 days. Often this becomes a revolving door with
the minor presenting for services, being returned home, and then returning for services. Many times, youth become homeless rather than continue this cycle.
Free access to feminine hygiene products in Illinois schools (Public Act 100-163, House Bill 3215)
Feminine hygiene products will now be available, at no cost to students, in the bathrooms of school buildings under this new mandate to Illinois school districts. “Feminine hygiene products” means tampons and sanitary napkins for use in connection with the menstrual
Premium finance companies using electronic means (Public Act 100-495, House Bill 3244)
Provides that notice to a party, and any other document that is required under applicable law in a premium finance agreement or that serves as evidence of a premium finance agreement, may be stored, presented, and delivered by electronic means.
Illegal electronic monitoring (Public Act 100-166, House Bill 3251)
This act creates the offense of illegal electronic monitoring, to protect citizens’ privacy and safety from spyware and tracking software being unknowingly installed or downloaded onto cell phones. This offense is added to the cyberstalking statute of the Criminal Code, and will help protect victims of domestic violence from their abusers discovering their locations.
Statutory cleanup for Illinois Board of Higher Education statutes (Public Act 100-167, House Bill 3255)
This cleanup legislation removes statutory references to obsolete and outdated programs, membership requirements, committees, and task forces. It allows for the filing of electronic reports to the General Assembly and makes other technical changes.
Regulation reform of commercial fishing in Lake Michigan (Public Act 100-168, House Bill 3272)
The Department of Natural Resources is allowed to manage the commercial fishing of trout, lake trout, salmon, and lake whitefish based on scientific assessment and fishery management needs of Lake Michigan.
Reform of commercial fishing licensing in Lake Michigan (Public Act 100-169, House Bill 3273)
This law updates the rules for the issuance of licenses for commercial fishing in the Illinois waters of Lake Michigan. It allows the Department of Natural Resources more freedom to advertise and accept qualified commercial fishing candidates and sets a new maximum number of commercial fishing licenses for Lake Michigan.
Selling school buses (Public Act 100-277, House Bill 3293)
HB 3293 (Scherer/Castro) was introduced in response to a constituent requesting school buses be significantly changed once they are no longer being used by a school district to protect children. The initial bill stated whenever a school bus is sold any words or signs indicating it is a school bus must be removed and the bus painted a different color but the Illinois Statewide School Management Alliance was opposed due to unintended consequences when the bus was being used for extracurricular events. The final amended version of the bill did the exact same function as current statute (625 ILCS 5/12-804).
Strengthening licensure standards for land surveyors (Public Act 100-171, House Bill 3322)
This new law better defines the responsibility of the professional land surveyor by applying principles established through regulatory statutes, case law and professional surveying standards related to boundary establishment. IDFPR will license a person who is a graduate of an approved land surveying curriculum of at least four years and who has passed an examination in the fundamentals of surveying.
Eviction notice reform (Public Act 100-173, House Bill 3359)
The Forcible Entry and Detainer Articles of the Code of Civil Procedure have been updated in various sections relating to evictions. The standardized residential eviction order form, as determined by the Supreme Court, will be used statewide and prevents the need to sue in order commence eviction of a tenant who has not paid rent after receiving specified notice.
Entrepreneurial curriculum in schools (Public Act 100-174, House Bill 3368)
The State Board of Education will gather input from business groups and universities to provide resources to school districts with secondary schools to create curriculum to teach students entrepreneurial skills.
High-skilled manufacturing curriculum in schools( Public Act 100-175, House Bill 3369)
The State Board of Education will make resources available to high schools and vocational education programs for the purpose of teaching high-skilled manufacturing curriculum.
Removal of teachers accused of abuse (Public Act 100-176, House Bill 3394)
When a school employee is the subject of an abuse investigation involving a child, the Department of Children and Family Services may recommend that a school district remove the employee pending the outcome of the investigation. This is to ensure a potentially abused student and the accused will not have further contact prior to the conclusion of the investigation. All employment decisions regarding an accused employee are the responsibility of the school district.
Eligible municipal utilities (Public Act 100-177, House Bill 3396)
Eligible utilities under the Illinois Joint Municipal Electric Power Act will include an electric cooperative which is an independent system operator within the electrical power system, a regional transmission organization within the electrical power system, or an entity that participates as a buyer or seller in an organized independent system operator market or regional transmission organization market.
State cannot contract with expatriate companies (Public Act 100-551, House Bill 3419)
Any company or business entity that expatriates (moves its home status to another country for taxing purposes) may not bid for contracts or enter into a contract with Illinois, with certain exceptions permitted. This law defines what constitutes a banned “expatriate entity” and makes various changes to Illinois law concerning dealings with expatriated entities.
Sirens for emergency managers, fire chiefs(Public Act 100-182, House Bill 3469)
Provides that a vehicle operated by a fire chief or the Director or Coordinator of a municipal or county emergency services and disaster agency may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet.
Advisory Council on Early Identification and Treatment of Mental Health Conditions Act (Public Act 100-184, House Bill 3502)
This law establishes an Advisory Council on Early Identification and Treatment of Mental Health Conditions under DHS to report on evidence-based best practices, identify barriers to statewide implementation of early identification and treatment, and reduce the stigma of mental health conditions. The Council is composed of 27 members and three ex officio members, including two appointments from each of the legislative caucuses. DHS shall provide administrative support for the Advisory Council.
Changing Real Estate Licensure (Public Act 100-188, House Bill 3528)
Continuing education is changed for real estate licenses including hours and curriculum. The Real Estate Administration and Discipline Board is composed of 15 members with term limits in which 12 have been actively engaged as managing brokers or brokers or both, two of whom must possess an active pre-license instructor license, the remaining three members shall be public members.
Safe homes for foster children (Public Act 100-189, House Bill 3542)
The new law adds to the Foster Children’s Bill of Rights that it is the State’s policy that every child and adult under care of DCFS in foster care shall have the right to be placed in the least restrictive and most family-like setting available and in close proximity to his or her parent’s home consistent with his or her health, safety, best interests, and special needs.
Dual credit for East St. Louis School District 189 (Public Act 100-190, House Bill 3601)
Codifies existing practice and states East St. Louis School District 189 is encouraged to allow students in grades 11 and 12 to take dual credit at Southwestern Illinois College at no cost to the student.
Protecting students abused at school (Public Act 100-191, House Bill 3615)
In a child abuse investigation in which the alleged perpetrator of abuse or neglect is a school employee, the new law sets forth due process rights for the school employee. It also removes a provision that allows the school employee to confront the accuser. This was a DCFS initiative to codify what is current practice in Administrative Rule for abuse investigations of school employees.
State liabilities reporting (Public Act 100-552, House Bill 3649)
All state agencies are to report state liabilities by fund source on a monthly basis. The report must include whether or not these liabilities have been appropriated by the General Assembly. The Comptroller is able to waive the reporting requirement if a state agency does not hold state liabilities.
Amends State Property Control Act to save money (Public Act 100-193, House Bill 3658)
The reporting requirements for agencies required to report to the Property Control Division at CMS are changed from $500 to $1,000 under this act. It allows the administrator to set a higher limit by rule. The bill was an initiative of higher education institutions to save money while still maintaining responsibility for to reasonably ensure state property is not subject to theft.
Food service sanitation (Public Act 100-194, House Bill 3684)
Anyone who completes specific training requirements is to be considered a food service sanitation manager or instructor. DPH no longer issues 5 year, non-transferrable certificates and there is no fee for the certificate. Exam providers issue 5 year, non-transferable certificates for food service sanitation manager or trainer.
Educational Credit for Military Experience Act (Public Act 100-195, House Bill 3701)
Each institution of higher education shall adopt a policy to award academic credit for military training applicable to the student’s certificate or degree requirements before June 1, 2018. The policy must apply to any enrolled individual who has completed a military training course. Institutions must develop procedures for awarding credit to the Board of Higher Education and Illinois Community College Board every year.
Mental health treatment for minors under 18 (Public Act 100-196, House Bill 3709)
Minors over the age of 12 do not need parental consent to initialize counseling or psychotherapy. Until parental consent is given, counseling or psychotherapy is limited to eight 90-minute sessions for minors under 18. After the eighth session, the provider must determine whether attempting to obtain consent would be detrimental to the minor’s well-being.
Expanding hate crimes (Public Act 100-197, House Bill 3711)
The definition of hate crime is expanded to include intimidation, stalking, cyberstalking, and the transmission of obscene messages. Intimidation is limited in definition to physical harm to person or property, confinement or restraint, or committing a felony or Class A misdemeanor. The Attorney General may bring a civil action in the name of the state after consulting with the local State’s Attorney.
Visitation opportunities for inmates (Public Act 100-198, House Bill 3712)
Clarifies that the Department of Corrections is authorized to provide educational and visitation opportunities through temporary access to content-controlled tablets as a privilege to induce or reward compliance to committed individuals.
Streamlining no contact orders (Public Act 100-199, House Bill 3718)
A civil no contact order or stalking no contact order is valid by state, tribal or territorial court if the state, tribe or territory has jurisdiction over the parties and matter. If the subject of a no contact order directs a 3rd party to violate the order, then it is treated as if the order was violated personally by the subject. A no contact order can no longer be denied because the petitioner is a minor.
Unlawful participation in street gang activity (Public Act 100-279, House Bill 3803)
Unlawful contact with street gang members is now unlawful participation in street gang-related activities. An offense occurs when a person knowingly commits an act to further street gang activity as opposed to having contact with a street gang-member. A violation of the law is a Class A misdemeanor.
Protecting non-violent juvenile offenders from future bias (Public Act 100-285, House Bill 3817)
This law seeks to protect juveniles with non-violent offenses from bias in their future endeavors by setting guidelines for sealing or expunging their records in some cases, and specifying that that unless otherwise allowed by law, juvenile adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office or from receiving any license granted by public authority. In addition, applications for employment within Illinois shall contain specific language that states that the applicant is not obligated to disclose expunged juvenile records. The law also specifies a list of serious offenses for which expungement will not be an option.
Clarifying the vehicle insurance mandate (Public Act 100-202, House Bill 3874)
This new law clarifies that no person shall operate, register, or maintain registration of a motor vehicle in this state unless the motor vehicle is covered by a liability insurance policy. The need for this clarification arose from a law enforcement officer being unsure if he could issue a citation for lack of insurance to a driver who was parked in a parking lot when previous law stated only that no person shall operate a motor vehicle unless it is covered by a liability insurance policy.
Authorizing law enforcement inventories (Public Act 100-307, House Bill 3879)
The Illinois Criminal Justice Information Authority will be allowed to conduct an inventory of law enforcement agencies, county sheriff’s offices, clerks of the circuit court or circuit clerks in this state that operate using a predominately paper system. The Sentencing Policy Advisory Council (SPAC) generates reports based on data from law enforcement agencies. Those agencies that use paper systems, predominantly in rural Illinois, cannot always adequately provide SPAC with the information they need to generate their reports.
Allowing EMTs to administer controlled substances (Public Act 100-280, House Bill 3910)
This new law allows emergency medical services personnel, during the course of their duties, to administer Schedule II, III, IV, or V controlled substances to a person without a written, electronic, or oral prescription. The previous requirement that emergency medical personnel must acquire an authorization to use these drugs while on site while attempting to assist a patient was very impractical in emergency situations.
Enabling Local Government Consolidation (Public Act 100-107, Senate Bill 3)
This new law lays out detailed consolidation provisions affecting townships, road districts, lighting districts and county authority to dissolve units appointed by the county board. Some provisions include expanding DuPage County’s consolidation program to all counties, authorizing Township and Road District consolidation by referendum. It also permits Home Equity Commissions with at least $4 million in unencumbered funds in its guarantee fund to establish a Tax Reimbursement Program. Some of these changes were inspired by the work of the 2015 Local Government
Consolidation and Unfunded Mandates Task Force.
Tax lien registry and a new unclaimed property law (Public Act 100-22, Senate Bill 9)
While the income tax increase and most other parts of SB 9 went into effect on July 1, 2017, some parts of the bill do not become effective until January 1. Effective January 1, the law requires the Department of Revenue to create and maintain a public registry for filing notices of tax liens. It provides that DOR may file a notice of tax lien in the registry within three years from the date of the final tax liability. It further provides that the lien is perfected upon filing in the registry. The act contains provisions concerning the format of the registry, and sets forth information that must be included in the registry. Also going into effect January 1 is a provision which creates the Revised Uniform Unclaimed Property Act. It establishes rules to determine if property is abandoned and establishes rules for the disposition of unclaimed property and related matters. The new act repeals the Uniform Disposition of Unclaimed Property Act.
Barack Obama Day (Public Act 100-37, Senate Bill 55)
This act provides that August 4th of each year is designated as Barack Obama Day.
Transfer of telephone numbers under orders of protection (Public Act 100-388, Senate Bill 57)
Under this new law, a Court may, upon request by a petitioner for an order of protection, order a wireless telephone service provider to transfer to the petitioner the right to continue to use a telephone number or numbers indicated by the petitioner and the financial responsibility associated with the number or numbers. It provides that the petitioner may request transfer of each telephone number that the petitioner, or a minor child in his or her custody, uses. The wireless telephone service provider may apply to the petitioner its routine and customary requirements for establishing an account or transferring a number and provides immunity from civil liability to the provider for its actions taken in compliance with a court order issued under the new provisions. This bill will help victims of domestic violence trying to leave their abusers who control the telephone account.
Horsemen’s Council of Illinois license plate decals (Public Act 100-60, Senate Bill 52)
This act creates the Horsemen’s Council of Illinois Fund and allows license plate decals on the new Universal License Plate with funds to benefit the Horsemen’s Council of Illinois, an organization which serves as the voice of the horse industry in Illinois to protect animals and horsemen’s rights, educate within and outside the industry about horses and their impact and to advocate for horses and horse lovers.
Creates Collaborative Process Act (Public Act 100-205, Senate Bill 67)
The Collaborative Process Act creates a new alternative dispute resolution process for family and domestic issues. It provides for a permissive process outside of the court system for parties to attempt to resolve domestic issues. Either party may opt out of the process at any time and avail themselves of the court process. The new law provides that the “collaborative process” does not apply to action under the Juvenile Court Act, an investigation by DCFS, or from any current open case before DCFS. The new act is subject to supervisory authority of the Illinois Supreme Court.
Notary Public seal notice (Public Act 100-81, Senate Bill 265)
This new law modifies a section of the Illinois Notary Public Act by removing references to ineffective language concerning the signature. It also provides references to the use of “electronic communication” in a section concerning notice and advertisement of notary public services. It also provides that at the time of a notarial act, a notary public shall officially sign every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. The law states that the illegibility of certain required specified information does not affect the validity of a transaction and also modifies a section concerning prohibited acts by notaries public.
Esther Golar Day (Public Act 100-393, Senate Bill 282)
This legislation amends the State Commemorative Dates Act to set April 16 of each year as Esther Golar Day to remember the accomplishments of State Representative Esther Golar, and to honor her legacy of public service.
Consumer fraud prices – services (Public Act 100-207, Senate Bill 298)
This law provides that it is not unlawful to differentiate prices for services based upon factors including, but not limited to, time, difficulty, cost of providing the services, and expertise. It requires tailors, barbershops, hair salons, dry cleaners and laundries to post a service price list. The law provides for an opportunity to cure a violation and provides that a subsequent violation is subject to
the penalty provisions of the Consumer Fraud and Deceptive Business Practices Act. It provides that upon a second or subsequent violation, the violator shall be liable for penalties pursuant to Section 7 of the Consumer Fraud and Deceptive Business Practices Act rather than penalties pursuant to the Act.
Mammogram coverage to include MRIs (Public Act 100-395, Senate Bill 314)
In sections concerning coverage for mammograms, the Illinois Insurance Code, the Health Maintenance Organization Act and the Illinois Public Aid Code are amended to provide that MRIs of an entire breast or breasts shall be covered if a mammogram demonstrates heterogeneous or dense breast tissue, when medically necessary as determined by a physician licensed to practice medicine in all its branches.
Amendments to the Pharmacy Practice Act (Public Act 100-208, Senate Bill 317)
The new law provides that “practice of pharmacy” includes the administration of injections of alpha-hydroxyprogesterone caproate and medroxyprogesterone acetate, pursuant to a valid prescription, by a physician licensed to practice medicine in all its branches, upon completion of certain training, and meeting certain notification requirements. Alpha-hydroxyprogesterone caproate is a synthetic form of progesterone that has been shown to reduce the recurrence of Preterm birth (PTB) for women with a history of previous PTB.
Amends the Genetic Information Privacy Act (Public Act 100-396, Senate Bill 318)
Provides that an employer shall not penalize an employee who does not disclose his or her genetic information or does not choose to participate in a program requiring disclosure of the employee’s genetic information.
Investigations and reports of child deaths (Public Act 100-397, Senate Bill 320)
Amends the Child Death Review Team Act to include a representative of the Department of Public Health among the members required on each child death review team. It permits the Child Death Review Teams Executive Council to establish and create in the Southern Region of the state a special Child Death Investigation Task Force. It requires the Executive Council to submit by July 1 of each year a report to the Director of the Department of Children and Family Services, the General Assembly and the Governor summarizing the results of the Child Death Investigation Task Force together with any recommendations for statewide implementation of a protocol for the investigation of all sudden, unexpected, or unexplained child deaths.
Local regulation of low speed electric and gas-powered bicycles (Public Act 100-209, Senate Bill 396)
This new law changes the definition of “low-speed electric bicycle” by creating three different classes of low-speed electric bicycle. Under the new law, a “Class 1 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per
hour. A “Class 2 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour. A “Class 3 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. The new law also requires that beginning on January 1, 2018, every manufacturer and distributor of low-speed electric bicycles to apply a label that is permanently affixed to the bicycle containing a classification number, the bicycle’s top assisted speed, and the bicycle’s motor wattage. A person may operate a low-speed electric bicycle upon any bicycle path unless the municipality, county, or local authority with jurisdiction prohibits the use of the bicycles or a specific class on that path. Additionally, the new law provides that a person may operate a Class 3 low-speed electric bicycle only if he or she is 16 years of age or older. However, a person who is less than 16 years of age may ride as a passenger on a Class 3 low-speed electric bicycle. The new law also provides local authorities with the power to regulate bicycles including low-speed electric bicycles and low-speed gas bicycles, including a registration fee (same as current law for non-electric and gas bicycles).
Township governments may purchase used equipment (Public Act 100-210, Senate Bill 422)
Township governments may now buy used equipment outside of the constraints of the competitive bidding process. The law allows townships to buy used equipment from business dealers or other local governments without having to go through competitive bidding. The law is aimed at saving local township governments money on equipment purchases.
Expanding agriculture education in Chicago Public Schools (Public Act 100-399, Senate Bill 447)
The Chicago Board of Education will be allowed to enroll an additional 80 students into the agriculture science school for diverse learners. During a time of great concern for the future of agricultural education in Illinois, this new law fits in with nationwide efforts to broaden the scope of teaching and learning about agriculture in Illinois schools.
Expanded functions for Licensed Dental Assistants (Public Act 100-215, Senate Bill 589)
Dental assistants that have completed expanded training may now remove loose, broken or irritating orthodontic appliances from a patient to help alleviate pain and discomfort. Dental assistants offering expanded functions are required to have at least 2000 hours of clinical experience, complete approved training and practice under the supervision of an Illinois licensed dentist.
Prosecuting drug-induced deaths as homicides (Public Act 100-404, Senate Bill 639)
The “Evan Rushing Law” will allow Illinois’ law enforcement officials to prosecute an out-of-state drug dealer for a death caused by drugs sold by that dealer. Evan Rushing was a resident of Illinois at the time he died of a heroin overdose. Rushing had purchased and used heroin in Missouri, but died of an accidental overdose in Illinois. Following his death, his drug dealer was identified to be a Missouri resident, but prosecutors in Madison County, Illinois, could not charge the dealer with drug-induced homicide because the heroin that caused Rushing’s death was purchased and used in Missouri.
Spaying, neutering and vaccinations for feral cat populations (Public Act 100-405, Senate Bill 641)
County animal control departments may now expand the use of funds already available in the county animal population control fund to spay, neuter, vaccinate or sterilize adopted dogs or cats. The new law also allows individuals that are eligible for the food stamp or Social Security Disability Benefits program to have their dog or cat spayed, neutered or vaccinated for free.
Domestic violence co-location pilot program (Public Act 100-406, Senate Bill 646)
DCFS will be allowed to implement a 5-year pilot program aimed at improving child welfare interventions provided to families experiencing domestic violence. The pilot program will allow domestic violence advocates who are trained in domestic violence services to work in at least three DCFS field offices across the state in collaboration with child welfare investigators and caseworkers.
Civil Code procedures (Public Act 100-83, Senate Bill 731)
SB 731 clarifies the number of provisions to municipalities with populations of 500,000 or more inhabitants when reviewing zoning board of appeals decisions. This is in response to a recent court case, and intends to prevent non-parties from being named defendants in civil procedures when they are simply present at the hearing.
Imposing taxes and fees on uncollected ordinance violation fines (Public Act 100-221, Senate Bill 751)
Cook, DuPage, Kane, Lake, McHenry, and Will Counties will now be able to impose taxes, fees, fines, costs or penalties as part of a judgement that occurs in relation to a code violation if all attempts to collect on the original judgement have failed. A 2014 Illinois Appellate Court case struck down fines imposed on the defendant because they were improperly imposed by the circuit clerk. The new law clarifies that Circuit Clerks may now impose these additional taxes and fees.
Posting Child Abuse Hotline number in public schools (Public Act 100-413, Senate Bill 764)
In cooperation and coordination with local public school officials, the Illinois Department of Children and Family Services may distribute and post appropriate materials in school buildings listing the toll-free telephone number for the Illinois Child Abuse Hotline.
Extending Illinois’ Speech-Language Pathology and Audiology Practice Act (Public Act 100-530, Senate Bill 771)
Illinois’ Speech-Language Pathology and Audiology Practice Act has been extended to January 2028. This law makes several changes to the definitions of the “practice of audiology”, including defining that only licensed audiologists may remove ear wax and that no person may use the term “audiology” in their advertising unless they are licensed under the Speech-Language Pathology and Audiology Practice Act. The law extends prior provisions that were already established into law and makes other technical changes to the Act.
Raising awareness of cancer in veterans (Public Act 100-224, Senate Bill 838)
The Department of Public Health is charged with developing and administering a program that promotes awareness of cancer in veterans. The program is supposed to focus on the importance of cancer screening for veterans. Administration and conduction of the program is subject to funding being made available.
Extension of the Live Theater Production Tax Credit (Public Act 100-415, Senate Bill 852)
The live theatre production tax credit has been extended by five years and is now set to expire on January 1, 2022. The program is established to promote the film industry across the state of Illinois and promote the theatre in the city of Chicago. The law allows theatre producers, owners, licensees, operators and presenters the opportunity for a transferrable credit of 20% of all qualified Illinois expenditures on long-run productions (8 weeks with at least 6 performances per week) or Pre-Broadway (scheduled for Broadway’s Theater District in New York City within 12 months after its Illinois presentation.)
Educating veterans on service animal availability (Public Act 100-84, Senate Bill 866)
The Department of Veterans Affairs will be responsible for providing informational resources and education to veterans returning from deployment regarding service animals for individuals with disabilities. The Veterans Suicide Task Force found that many veterans were unaware of the availability and usefulness of service animals to assist with afflictions both mental and physical, causing the need for the change in law.
Probate Act – children born with gametes as heirs (Public Act 100-85, Senate Bill 883)
This new law states that an inheritance of a child born by use of gametes is limited to children who fulfill the following requirements: the deceased parent’s gametes exist even if not an embryo at death; the child is born within 36 months of the parent’s death; the parent gives written consent; the deceased parent has provided written consent for a child born with gametes; the administrator of the estate receives a written notice within six months of the parent’s death that the gametes exist, the person has intent to use the gametes, and the person has the intent to raise the child as their own.
Installment Sales Contract Act (Public Act 100-416, Senate Bill 885)
This law allows for the regulation of installment sales contracts between a buyer and seller. Contracts will now be officially recorded and any contract that forbids a buyer from recording the contract or memo of the contract is void. It will also make buyers perform the obligations under the contract, pay the costs and attorney’s fees prescribed in the contract and to make all payments of money required of the purchaser by the contract. The law also establishes that if there is a failure to record a contract or memorandum of a contract and title to the property becomes clouded for any reason, the buyer may rescind at any time within 90 days after discovering the title problem. It also allows for enforcement through the Consumer Fraud and Deceptive Business Practices Act.
Jury exclusions banned (Public Act 100-228, Senate Bill 889)
This new law amends the Jury Act to provide that no person shall be excluded for jury service based on race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service.
Child shelter placement (Public Act 100-229, Senate Bill 931)
This law clarifies that a shelter placement is meant to be an emergency temporary placement for a minor. This law now requires the public agency that is the guardian of the child to file a written report to the court when a shelter placement lasts beyond 30 days; a psychiatric hospital admission lasts beyond medical necessity; or a child remains in a detention center because placement cannot be found.
Youth in care reports (Public Act 100-87, Senate Bill 973)
The act requires DCFS to submit annual reports to the General Assembly regarding youth in care waiting for placement. Beginning in 2018, on every December 31 through 2023, reports are to provide specific details regarding the youth waiting for care during the previous year.
Grandfather exemption for Nurse Anesthetists (Public Act 100-231, Senate Bill 1094)
The Nurse Practice Act is amended to extend a grandfather exemption for Certified Registered Nurse Anesthetists who were licensed before a Master’s Degree was required for licensure. This law extends the grandfather exemption for five years; from July 1, 2018, to July 1 2023. This law does not make any other changes regarding the national certifications and continuing educational requirements needed for the exemption.
Expanding the successful Veterans Treatment Courts Program (Public Act 100-88, Senate Bill 1238)
This new law will expand Veteran Treatment Courts in Illinois by allowing the Chief Administrative Judge in a Circuit Court to expand the courts to more than one county in the Circuit. This will allow veterans in the program, especially downstate, the option to use a court closer to home. Veterans Courts focus directly on the needs of former and current members of the armed forces. The program is limited to veterans with non-violent records who are struggling with substance abuse or mental health issues. Veterans who qualify and successfully comply with court orders get the treatment they need and can have charges dismissed. As of 2014, problem-solving courts including Veteran Treatment Courts kept 1,200 offenders out of prison, saving the state of Illinois nearly $20 million.
Companion animals during divorce (Public Act 100-422, Senate Bill 1261)
The new law states that in cases of divorce, the court shall allocate the sole or joint ownership or responsibility for a companion animal of the parties. The wellbeing of the animal will also be taken into account during this custody determination. It establishes other guidelines with regard to consideration of pets in divorce proceedings. It also establishes that “companion animal” does not include a service animal, which is an animal trained in obedience and task skills to meet the needs of a person with a disability.
Diversity report for annual suppliers (Public Act 100-423, Senate Bill 1267)
All Class I railroad companies will submit an annual supplier diversity report, by April 15 of each year, to the Illinois Commerce Commission. The law further requires the Illinois Commerce Commission to hold an annual workshop open to the public on the state of railroad supplier diversity.
Mental fitness report (Public Act 100-424, Senate Bill 1276)
The reporting period by the treating facility for defendants determined to be unfit to stand trial or to plead because of a disability is increased from every 60 days to every 90 days to reduce administrative burdens.
Veterans and Service Members Court program (Public Act 100-426, Senate Bill 1312)
A defendant may be admitted into a Veterans and Service Members Court program post-adjudication only with the approval of the court. The law also aligns veterans’ courts and mental health courts, no longer requiring the defendant to have the agreement of the prosecutor to participate in the programs. Regarding which crimes are ineligible for the program, discharge of a firearm no longer must result in serious bodily injury or death, and aggravated battery resulting in great bodily harm or permanent disability is added.
Notice of Video Conferencing Ability in Adult Guardianship Hearings (Public Act 100-427, Senate Bill 1319)
The Probate Act is amended to provide that a summons to a respondent in an adult guardianship shall include a notice that if the respondent cannot attend, the Judge can hold the hearing in a more convenient location or by video conference.
Clarifying the definition of “child” in the state statutes to aid with the protection of children against offenses involving grooming and traveling to meet a child (Public Act 100-428, Senate Bill 1321)
An initiative of the DuPage County States Attorney’s office, this new law ensures that the definition of “child” is clear in the statutes. Child is defined as a person under 17 years of age for the offenses of grooming and traveling to meet a child.
Saving time and money within the judicial process by ensuring challenges to extensions to the statute of limitations laws are ruled upon prior to a full trial (Public Act 100-434, Senate Bill 1422)
This change to the statues ensures that challenges to extensions of the statute of limitations laws are raised and ruled upon prior to full criminal jury trial, just like challenges to venue and other challenges to a charging document. By dealing with statute of limitations issues early in the process and before going to a full trial, time and money will be saved.
Nursing homes reporting requirement extension (Public Act 100-449, Senate Bill 1544)
Nursing homes will now have 45 days instead of 15 to submit a resident’s admission documents through the Medical Electronic Data Interchange or the Recipient Eligibility Verification System or directly to the Department of Human Services as currently required by law.
Secretary of State omnibus bill (Public Act 100-450, Senate Bill 1556)
Makes a number of revisions to the law governing the Office of the Secretary of State. Among its changes were expansions of the definition of “junk vehicle” and “remitter agent,” an increase in a remitter agent’s bond requirement from $10,000 to $20,000 and a change to the bond coverage from 36 months to 60 months. It also increases a new vehicle dealer’s license or a used vehicle dealer’s l icense bond requirement from $20,000 to $50,000 and provides that new and used car dealers shall not participate in a rentalpurchase agreement unless the licensee retains the vehicle in his or her name and retains proof of proper vehicle registration and liability insurance. The law also adds to the list of special military license plates a person may reclassify without a replacement plate fee and changes the effective date that military plates may be reclassified without a fee to the 2019 registration year.
Abandoned Housing Rehabilitation Act (Public Act 100-233, Senate Bill 1562)
The Abandoned Housing Rehabilitation Act expands the definition of “parties of interest” to include units of local government. Changes the definition of “rehabilitation” to include that proposed improvements conform to a municipal comprehensive plan and brings a property into compliance with applicable codes.
IDOT accident reporting (Public Act 100-96, Senate Bill 1580)
Provides that upon written request, IDOT must furnish motor vehicle accident data to a federal, state, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity that has a contractual agreement with IDOT or a federal, state, or local agency to complete a highway safety research and study for the Department or the federal, state, or local agency at a fee rate set by IDOT. It protects individuals’ identities by prohibiting personal information or any other identifying information from being made public. This act makes other technical changes in regards to IDOT accident reports and accidents concerning IDOT employees and allows the Secretary of State to disclose notations of accident involvement maintained on individual driving records.
Permits scattering of ashes in DNR property(Public Act 100-97, Senate Bill 1586)
This new law amends the Crematory Regulation Act to include property used for outdoor recreation or natural resource conservation owned by the Department of Natural Resources and designated as a scattering area as permitted areas.
Patient referral license requirement (Public Act 100-99, Senate Bill 1676)
Provides that a hospital, nursing home or health care provider that receives funds from the state may not refer a patient to a home health agency, home nursing agency or home services agency unless the agency is licensed under the Home Health, Home Services, and Home Nursing Agency Licensing Act.
Motor vehicle insurance coverage (Public Act 100-485, Senate Bill 1681)
This new law provides that each rail carrier that contracts with a contract carrier for the transportation of its employees in the course of their employment must verify that the contract carrier has hit and run, uninsured, and underinsured motor vehicle coverage in an amount not less than $500,000 per passenger. P.A. 99-799 requires contract carriers to have uninsured motor vehicle coverage and underinsured coverage of $500,000 per passenger beginning January 1, 2017. This legislation is intended to provide verification of that coverage.
Professional licensure reform for those with prior convictions (Public Act 100-286, Senate Bill 1688)
Reduces barriers to professional licensure for persons with arrest and conviction records wishing to become licensed in Illinois. It allows licensing agencies to consider mitigating factors and evidence of rehabilitation contained in an applicant’s record to determine whether a prior criminal conviction will impair their ability to practice. The law maintains that licensing agencies may still deny applicants because of criminal convictions, rehabilitation, mitigating factors, or other factors if they determine the conviction will impair the ability of applicant to perform their licensed duties.
Military service on death certificates (Public Act 100-310, Senate Bill 1693)
Amends the Vital Records Act to allow for the death certificate of a person who served in the military to include the deceased individual’s status as a veteran. It may also include the branch of service and the period of time in which the individual served in the military.
Reducing gun violence (Public Act 100-3, Senate Bill 1722)
This new law is aimed at reducing gun violence in Chicago and in gang-ridden areas of the state by cracking down on violent repeat firearm offenders. It increases the minimum sentence for unlawful use of a weapon by a felon from 3-7 years to 7-14 years, and increases the minimum for aggravated unlawful use of a weapon from 3-6 years to 6-7 years. The measure also creates a diversionary program for first-time, non-violent offenders charged with firearm possession related offenses. The program is open to individuals 20 years of age and under and is subject to the State’s Attorney’s approval. Both provisions will sunset after 5 years.
Rental car collision waivers (Public Act 100-312, Senate Bill 1730)
The Renter’s Financial Responsibility and Protection Act is amended to remove a provision providing that a rental company shall not charge more than $13.50 for full or partial 24-hour rental day for a collision damage waiver. It also removes a provision which provided that a rental company may offer a collision damage waiver on any rental vehicle having a value in excess of a Manufacturer’s
Suggested Retail Price of $50,000.
Knowledge of sexual orientation in murder cases (Public Act 100-460, Senate Bill 1761)
Discovery, knowledge or disclosure of the victim’s sexual orientation cannot qualify as a mitigating factor or constitute serious provocation in a case of first or second degree murder.
Municipalities’ treatment of construction and demolition debris haulers (Public Act 100-316, Senate Bill 1807)
Construction and demolition debris hauling companies will now be able to legally operate in municipalities that already have contracts with other waste haulers without the fear of being found to have violated those contracts. The bill amends the Illinois Municipal Code to prohibit municipalities from entering into a new contract or awarding a franchise for the collection and disposal of construction/
demolition debris. The new law does not apply to municipalities that currently have contracts or franchises, or the renewal of those contracts or franchises.
“The Telehealth Act” rules regarding the practice of telemedicine (Public Act 100-317, Senate Bill 1811)
This legislation creates the “Telehealth Act” to regulate the practice of medicine via telephone or videoconferencing. The “Telehealth Act” spells out guidelines and definitions for the practice of telemedicine and updates definitions of telemedicine to include the latest technologies. The law clarifies that the health care professional that treats an Illinois resident via telemedical means must be licensed to
practice their specified medical discipline in Illinois.
Collateral Recovery Act exemptions (Public Act 100-102, Senate Bill 1834)
This act exempts all vehicle auctioneers or the employees of an auctioneer, involved in the selling of a vehicle that has been repossessed, unless the auctioneer directly performs the repossession of the vehicle, and exempts a third party entity or person, acting on behalf of the creditor or lender, does not perform the actual repossession but instead forwards the assignment to a licensed agency.
Asthma school tests (Public Act 100-238, Senate Bill 1846)
Requires the Department of Public Health (DPH) to promote rules and regulations about including asthma in the standard school health examination, and amends the Illinois Health Statistics Act, requiring DPH to collect and maintain data concerning the extent, nature and impact of asthma.
Research dogs and cats adoption act (Public Act 100-323, Senate Bill 1884)
The law creates the Research Dogs and Cats Adoption Act. It says that a research facility, after the completion of its research, must assess the health of the dog or cat, and determine whether or not the animal is suitable for adoption. For the animals determined to be fit, the research facility must make a reasonable effort to have them adopted. Facilities that provide the animals to adoption agencies
are immune from liability except when willful or wanton misconduct takes place. Research facilities must also post their animal policies
Bail Bill of Rights (Public Act 100-1, Senate Bill 2034)
The bill creates the Bail Bill of Rights under the Bail Reform Act of 2017, by incorporating different initiatives. It provides that an individual charged with a crime shall be allowed counsel at the bail hearing and states that if a defendant desires counsel for his initial bail hearing but cannot afford one the court will provide the defendant with a public defender. An individual in custody for a non-violent
misdemeanor, Class 3 or 4 felony shall be brought before the court at the next available court date or seven days after bail was set, for a rehearing of bail. It also provides that there is a presumption that any conditions for release shall be non-monetary in nature and that the court shall impose the least restrictive conditions to ensure appearance at future court dates. Additionally, the Supreme Court
may create a risk assessment tool to be used in proceedings to assist the Court when establishing bail and assessing the defendant’s likelihood of appearing in court. It provides that a person with bail set on a non-violent offense shall have a $30 deducted from his or her monetary bail every day the person is incarcerated. Finally it amends the repeal date of the Illinois Street Gang and Racketeer Influenced and corrupt Organizations Law to June 11, 2022 (rather than June 11, 2017).
Clarifying the authority of a county or municipality-county health department (Public Act 100-330, Senate Bill 2057)
In response to an instance in Champaign County, this legislation provides that a county or municipality-county health department does not have jurisdiction over private residential leaseholds, such as fraternities on college campuses, unless it regulates private singlefamily residential households in a similar manner. The City of Chicago and Cook County are exempted.
Improving transparency in the true cost of unfunded mandates (Public Act 100-242, Senate Bill 2066)
A new layer of transparency is now available in Illinois government as it relates to the cost of unfunded mandates on local governments. An initiative of the Lt. Governor, SB 2066 provides that the Department of Commerce and Economic Opportunity’s (DCEO) catalog of state mandates shall also include a statewide cost of compliance estimate. Unfunded mandates include any state-initiated action that
requires a local unit of government to absorb a new function at their own cost.