New Illinois Laws 2017

NEW LAWS 2017: ILLINOIS LAWS THAT TAKE EFFECT JANUARY 1

SB 1102 Prohibits the state or any local government from indemnifying or providing legal representation for any employee in a criminal proceeding arising out of the employee's government employment

HB 1260 Classifies online logins, biometric data and health info as protected information; updates how groups notify the public of a data breach

HB 5913 Requires licensed plumbers to complete 4 hours of continuing education each year

SB 0637 Makes changes to Illinois law to comply with federal REAL ID regulations

SB 2589 Provides the Director of the Insurance Department greater authority and oversight for approving risk retention groups' corporate governance procedures and structures

HB 4517 Eliminates the Center for Comprehensive Health Planning

HB 4826 "Regional teams that investigate fatalities of elders shall meet not less than 4 times a year (currently 6 times a year) to discuss cases for possible review
"

SB 1120 Makes it a felony if over $500 in rental equipment is not returned within 3 days after the rental period has expired

SB 2459 Allows use of video conferencing equipment in hearings concerning use of psychotropic medicine or electroconvulsive therapy

SB 2787 Requires that health carriers submit reports to Director of Insurance by June 1 instead of March 1.

SB 2813 Amends Coal Mining Act. Adds definition for recorder. Makes changes concerning mine examinations, including timing and scope, etc.

SB 2918 Provides that if specified notice is submitted then an employer may request that the unused portion of a terminated licensee's pesticide applicator or operator license term be transferred to a newly certified or re-certified individual.

SB 2920 Makes changes to the composition of the Commission on Environmental Justice

SB 2963 Asserts that the state has implemented an aluminum can recycling program

HB 0538 Designates the pirogue -- a long narrow canoe made from a single tree trunk -- as the official state artifact

HB 4562 Amends the Illinois Human Rights Act to increase the amount of civil penalties for civil rights violations related to real estate transactions

HB 5593 Substance abuse programs licensed by DHS must provide educational info on opioid treatment options, including use of medication for opioid addiction and overdose, how to administer naloxone.

HB 5594 If defendant needs opioid abuse or addiction treatment, court shall require them to participate in prescribed drug treatments under care of licensed physician

HB 5602 "Changes the Nursing Home Care Act; if DPH fails to provide a written explanation as to why evidence was insufficient to refute an informal dispute resolution (IDR) finding the receipt will be cited for the dispute and no penalty can be imposed"

HB 5607 Allows US savings bonds to be declared abandoned after being unclaimed and unredeemed 5 years after final maturity and allows the treasurer to obtain a judicial determination that the bond has been reverted to the state

HB 5756 Provides no unlawful discrimination occur in the Illinois National Guard and clarifies duties of offices in the National Guard

SB 2160 Extends sunset date on valuation of vegetative filter strips to December 31, 2026

SB 2260 Changes reporting requirements for Treasurer reporting warrants to Comptroller

SB 2331 Clarifies that Medicaid managed care entities include business associates; allows the entities and business associates to communicate directly with clients regarding care coordination activities

SB 2354 Expands the topics the board of managers may discuss in closed executive meetings related to condominiums

SB 2358 Requires that any assignment of a developer's interest be received in writing and recorded before it is effective

SB 2601 Extends the time frame for the filing of a motion to vacate to 60 days after the discharge of probation once alcohol or drug treatment as a condition of probation has been completed

SB 2783 Considers unclaimed property abandoned after 5 yrs.

SB 2900 Expands the role of Physician Assistants ("PAs") and Advance Practice Nurses ("APNs") throughout various Acts, by allowing them to perform many duties, or hold positions normally reserved only for physicians or those similarly situated.

SB 2956 Requires buildings to be more accessible to individuals with disabilities

SB 3104 Makes the failure of reporting apprenticeship reports a violation for entities subject to the State Construction Minority and Female Building Trades Act

SB 0210 Bans the sale of "bath salts" and allows local gov'ts to revoke a retailer's license if a violation occurs

HB 4715 Allows courts to fine public bodies between $2,500 and $10,000 if they willfully and intentionally failed to comply with FOIA and also allows for a $1,000 daily fine if the public body fails to comply with the court's order after 30 days; if public body fails to act within 30 days to address FOIA, presumed to have willfully failed to comply;

HB 6083 Changes the statute of limitations for wrongful death claims

HB 6181 "States that, if a teacher earns more than the required number of professional development hours
during a renewal cycle, the teacher may carry over any hours earned from April 1 to June 30 of the last year of the renewal cycle"

HB 2262 Creates options for satisfying the $2,000,000 liability insurance for school bus drivers

HB 3239 Amends the Chicago School District Article of the School Code by allowing 17 year olds to run for election as a community resident of a Local School Council (LSC)

HB 4105 Allows motorcycles rear lights to be blue

HB 4327 Requires DCFS to provide information on respite care, etc. when an investigation of alleged child abuse does not result in the placement of a child outside the home

HB 4330 Requires state higher education institutions to accept the State Seal of Literacy as the equivalent of two years of foreign language taken during high school; also requires state higher education institutions to establish criteria to translate a seal into course credit

HB 4379 Requires non-home run units of local government, school districts and community college districts to regulate travel expenses

HB 4387 Changes the Illinois Aeronautics Act to require pilots to register their federal flying credentials with the state for a onetime $20 fee

HB 4697 Provides protections for owners or beneficiary of a land trust

HB 4999 Prohibits an employer or prospective employer to request or require an employee or applicant to authenticate or access a personal online account in the presence of the employer

HB 5696 Defines "acceptable technological means"

HB 5723 Provides that a person convicted of operating a vehicle without an insurance policy shall be guilty of a petty offense instead of a business offense

SB 2252 Requires police to accept currency for cash bail or bail deposits

SB 2303 Requires excess balances in certain funds to be transferred to GRF by Aug. 31

SB 2332 Requires the Department of Healthcare and Family Services to adopt rules for clinical social workers

SB 2343 Limits police use of stingray devices to track cell phones; use only to track location of or identify communications devices, not listen in; need detailed court order and non-target data must be deleted within 24 hours

SB 2512 Ensures the parent, guardian or responsible relative of abused minors relay contact information for the minor's living relatives to DCFS

SB 2741 Allows an association to correct any of its community instrument law inconsistencies by way of a two-thirds vote of the board of directors, without a membership vote

SB 2777 Prohibits minors from being committed to DJJ facilities for committing crimes that are not felonies or for certain non-violent felonies

SB 2876 Adds criminal offense of money laundering to list of offenses that can be joined into one count of an indictment, rather than prosecuted separately

SB 2880 Allows for remote CCTV testimony for minors, persons w/ disabilities in crime sex assault cases

SB 2907 Increases the threshold amount for property damage for a misdemeanor or felony from $300 to $500

SB 2984 Makes changes to the Electrologist Licensing Act

SB 2985 Removes language prohibiting a genetic counselor from providing genetic counseling without a referral

SB 3082 Defines "amputations"

SB 3301 Requires all courses approved for Illinois Articulation Initiative Gen Ed. Codes must be transferable as part of the Gen. Ed. Core Curriculum Package.

HB 4425 Creates procedures to coordinate with federal regulations if children of military parents suffer child abuse

HB 5527 Requires tax preparers to provide their PTIN on any return they prepared and filed with the Department of Revenue

HB 5566 "Expands P-20 Council's duties to make higher education affordable.
"

HB 5651 Allows vehicle owner's to select their birthday as the vehicle's registration expiration date

HB 5781 Allows police officers and coroners to dispose unused meds found at the scene of death after consulting law enforcement investigating the death; ; medication shall be retained in the event an autopsy is performed for toxicological analysis purposes

HB 5930 Requires IDES to monitor the employment progress of minorities and women in the workforce; Requires nursing agencies to perform background checks on nurse aides through the Health Care Worker Registry; shall issue biennial report rather than annual

HB 5933 Removes provisions giving the Local Food, Farms, and Jobs Council responsibility to develop, in collaboration with the Department of Agriculture, a label and certification program.

HB 6010 The offense of vehicular endangerment includes striking a motor vehicle by causing an object to fall from an overpass in the direction of a moving vehicle with the intent to strike a motor vehicle while it is traveling upon a highway in this state

SB 2704 Clarifies the definitions of clinical observation and medical monitoring for EMS personnel

SB 2805 Adds two members to the Illinois Electronic Recording Commission.

SB 2806 Raises the fine for violating railroad crossing laws

HB 0114 Requires DCFS to file case plans every 6 months after a minor has been appointed to a guardian; Requires IDJJ to notify the court of a critical incident involving a youth committed to the dept within 10 days

HB 1437 Requires the Illinois Criminal Justice Information Authority toreport the number of persons arrested and released without charging, and the racial and ethnic composition of those persons.

HB 4606 Creates an appeal process for students found in violation of residency requirements

HB 5472 Expands the definition of "victim" under the Crime Victims Compensation Act

HB 5576 Mandates insurance companies provide coverage for all contraceptive drugs approved by the FDA

HB 5660 Amends Public Construction Bond Act. Provides that verified notice shall be deemed filed on the date personal services occurs or the date when (rather than where) the verified notice is mailed.

HB 5775 Brings certain paternity acknowledgement/denial forms into compliance with federal data requirements

HB 5945 Changes the word alien to undocumented immigrant when referring to someone not legally admitted to the US; adds "documented immigrants" to the provisions of the bill

HB 5948 Lowers the number of required coursework hours for a Public Health Dental Hygenist; allows dental assistants to perform certain procedures on specific patients

HB 6006 Requires vehicles to change lanes when coming up on a car with its hazard lights on.

HB 6060 Adds the percentage of Medicaid funded residents as a factor that DHFS must consider for purposes of payment in nursing home facilities.

SB 0211 Allows a photocopy of currency used in an undercover investigation to be used as evidence in court instead of the currency itself

SB 0384 Allows public bodies to have closed meetings when discussing subjects protected by patient privacy laws

SB 0629 A video recorder may be operated in a contract carrier vehicle

SB 1564 Health Care Right of Conscience law. Ensures patients receive information about treatment options, regardless of medical provider's religious beliefs.

SB 2155 Requires State Community College board to create an advisory committee for oversight

SB 2157 Requires community college trustees to take professional development training

SB 2158 Prevents community college boards from making personnel decisions within a 45 day "lame duck" period; allows for emergencies

SB 2159 Limits contract lengths for college and university presidents and chancellors to four years and limits severance packages to one year salary plus benefits

SB 2174 Requires board members of public universities to complete professional development leadership training

SB 2407 Mandates DHS award Teen REACH grants (subject to appropriations)

SB 2743 Bars yoga teacher training from state regulation as a business.

HB 4462 Allows state police, local police and other entities to administer epinephrine and be trained on how to administer it

HB 6086 Adds length of time children are on the PUNS list as a criteria for priortizing services

HB 6109 Establishes a pilot program for the Supreme Court to begin accepting petitions for temporary orders of protection electronically

HB 6123 Requires National Guard members to undergo pre and post-deployment testing for depleted uranium

HB 6131 Requires driver education teachers instruct students on proper actions to take during a traffic stop

HB 6190 Adds traffic offense and class 4 felony violation of the Controlled Substances act to the Accelerated Resolution Program (Rocket Docket) and extends the repeal of the program to June 30, 2019

HB 6225 Allows small businesses that partner with outsourcing companies to maintain its own workers' compensation insurance

HB 6226 Allows local governments to consult a highway design publication outside of IDOT's bureau of local roads and streets manual.

HB 6245 "Removes the restriction that managing brokers and brokers can earn no more than 6 hours of continuing education credit in one calendar day.
"

HB 6285 Requires mobile home park owners to accept rent payments even if a violation fine has been issued

HB 6287 Provides that no egg shall be offered for sale for consumers use 45 days or more after candling

SB 0321 Extends repeal date of River Edge Redevelopment Zone Act

SB 2533 Compels the executive director of a water reclamation district board to appoint an administrative services officer

SB 2833 Allows rulings related to violated county codes to be enforced by hearing officers

SB 2835 Requires vehicles to stop before passing or driving past a stopped school bus on a public school highway; Removes highways on public school property from the classification of non-designated highways

SB 2840 Allows regional superintendents to waive fees for homeless students wishing to take the High School Equivalency Test

SB 2842 Requires that the transfer of real property to a trust have a transfer of legal title to the trustee

SB 2906 Requires DHS to treat high school participation as core activities for TANF recipients.

SB 2972 Allows retirees to choose separation benefits rather than retirement annuities if they would be less than $100 per month.

SB 3106 Expands the definition of people with intellectual disabilities in the criminal code when hearsay exceptions are provided

SB 3166 Requires mortgagees to use the term "plaintiff" rather than "landlord" in an action brought by a mortgagee who assumes control of the residential real estate in foreclosure through state means

SB 3284 Allows specified counties to hold admin hearings for county or local gov ordinance violations under certain circumstances

HB 1288 Creates a Domestic Workers' Bill of Rights

HB 3363 Requires that the Chairperson of the Recyclable Metal Theft Task Force appoint a representative of a local exchange carrier doing business in Illinois as one of its public members

HB 3554 "Amends the Illinois Wage Payment and Collection Act regarding departmental wage recovery; remittance to aggrieved employee."

HB 3898 The bill provides that the intended parent is the legal parent of any resulting child and may seek a court order confirming the existence of a parent-child relationship. Currently, without these clarifying provisions, children who are born of assisted reproductive may be the subject of legal disputes over who has parental rights and obligations.

HB 4036 Mandates employers provide unpaid work weeks of leave to any employee who is a victim of domestic or sexual violence or has a family member who is a victim; amount of allowed time off is determined based on the size of the business

HB 4264 Imposes domestic violence education requirements on those seeking barber/hair stylist/cosmetologist licensure

HB 4447 States the Voluntary Acknowledgement of Paternity and other fors must include full tax ID or Social Security number of the parents and may only be challenged upon showing of fraud or maternal mistake, and must be brought within two years of completion of the form. Court order for genetic testing must specify how results may be used for purposes of protecting child's best interests. Trailer bill for
HB 1531.

HB 4554 Requires insurance companies to cover certain HIV drugs upon federal approval

HB 4576 Creates the Rare Disease Commission act, and requires that Commission to meet at least once annually and submit an annual report to the General Assembly. SFA #2 clarifies by stating the Commission must coordinate with the Genetic and Metabolic Disease Advisory committee. Sets a sunset for commission of 1/1/2020.

HB 4683 Creates procedures on how pending criminal conviction appeals are handled if the defendant passes away

HB 4966 Addresses licensing of a foster care home where there are quality of care concerns

HB 5603 Contains several minor changes to legislation authorizing the use of video or audio surveillance in a nursing home resident's room, including that if a new roommate does not consent to monitoring, the facility must disable the device and requires Department of Public Health to create rules to administer the law

HB 5912 Clarifies that a person riding a bicycle has all the rights applicable to a driver of a vehicle, including those regarding a vehicle's right-of-way

HB 6331 Provides that the State Police shall notify local law enforcement agencies that have jurisdiction of a revocation of a FOID card due to an existing order of protection

SB 2300 Requires landords to notify potential tenants of lead hazards and reduce the hazard before leasing apartment

SB 2823 Allows a school board to hire a real estate broker to sell a structure renovated or built by students as part of a school project

SB 2861 Creates a national guard military justice system

SB 2875 A court may grant law enforcement's request for location surveillance information through testimony made through electronic means between requestor and judge if there is clear and present danger from imminent use of force, kidnapping, or occupation of any premises or hijacking of a vehicle. Police may seek location info in case of an escapee.

SB 3096 Requires AG, IL LETS and ISP to develop guidelines on reporting sexual assault and sexual abuse to law enforcement agencies

HB 4344 Allows a relative of a deceased military member to request an honorary sign around designated roads

HB 4432 Allows students an excused absence from school to play "Taps" at a military funeral

HB 4433 Allows spouses of deceased military members to continue using military oriented special license plates

HB 5018 Designates the second full week of April as National Public Safety Telecommunicators' Week, honoring 911 operators

HB 5402 Allows an invidual to reclass their registration after recieving a special license plate without paying a replacement plate fee or registration sticker cost

HB 5538 Law enforcement agencies shall develop arrest procedure policies for domestic violence situations, with training for new recruits and every five years.

HB 5649 Allows the Secretary of State to issue a version of the Illinois Fire Fighters' Memorial license plates for motorcycles

HB 6149 New universal specialty license plate for Illinois Veterans' Homes.

SB 2431 Requires SoS to make a Chicago police memorial license plate for motorcycles

SB 3129 K-9 dogs can be more easily adopted by their human officer

HB 5924 Amends Probate Act. Unless court order to the contrary, guardian shall use reasonable efforts to notify the ward's known adult children, who have requested notification and provided contact information, of the ward's admission to a hospital or hospice program, the ward's death, and the arrangements for the disposition of the ward's remains.

HB 4318 Department of Agriculture may sell at cost, to qualified applicants, signs designating an agribusiness that has been operated for 100 years or more

SB 2975 Creates an agriculture education teacher grant program subject to I
SBE appropriation

HB 4257 DHS shall issue upon request a card certifying that the holder has been diagnosed with an autism spectrum disorder. Allows for collection of associated fee not to exceed $10.

HB 4259 prohibits members of certain organizations from being considered an employee for purposes of collecting a pension benefit through IMRF, SURS or TRS.

HB 4590 Adds to list of adoption disclosures: reasons the birth parents stated for placing the child for adoption; how and why the adoptive parents were selected and who selected them; and whether the birth parents requested or agreed to post-adoption contact with the child at the time of placement, and, if so, the frequency and type of contact.

HB 4641 Makes it easier for birth parents surrendering children for adoption to voluntarily provide medical information and other background information for the benefit of the adoptee and his or her adoptive parents; requires adoptive parents to be given a statement of their rights and responsibilities, including the right to voluntarily connect and exchange information with birth parents; creates background check and other requirements for private adoptions

HB 5017 Allows people with juvenile records to petition for their expungement at any time and requires the court to grant the request automatically if the person was never charged, if the charges were dismissed, if the person was found not delinquent, if the person was given supervision and completed it successfully or if the offense (if committed by an adult) would have been a Class B or C misdemeanor or a petty or business offense

HB 5551 Expands definition of "fictive kin" to include an individual who has been the foster parent of a ward of the state for at least one year; recognizes that incarcerated parents should be able to participate in case plan reviews for children in foster care

HB 5656 Requires DCFS to make reasonable efforts and accommodations to grant visitation privileges to a non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department.

HB 5918 Provides that a charter shall be granted for 5 school years and may be renewed in incremental periods not to exceed 10 school years; makes changes regading the use of start-up grants and loans from the Charter Schools Revolving Loan Fund

HB 6162 Allows employees to use personal sick leave benefits for absences due to an illness, injury, or medical appointment of an employees direct family members.

SB 0232 Allows certain students to be classified as residents of a community college district without meeting the 30-day requirement (mainly those under DCFS legal guardianship)

SB 2359 Prevents a condominium instrument from changing the ability of the board of managers to execute bank documents by a majority vote

SB 2393 Requires districts to offer breakfast after the bell at schools with 70 percent low-income students.

SB 2929 Requires DHS to determine Medicaid eligibility for long-term care services even if the applicant passes away, guaranteeing payment to nursing home centers offering services pending Medicaid coverage

SB 3163 Prohibits employers from requiring non-compete clauses for low-wage employees

SB 3164 Changes the prison terms for people without priors if they were convicted of a Class 3 or 4 felony

SB 3335 Allows EMTs to administer epinephrine if they've successfully completed training

HB 4315 Provides Route 66 license plates can be used on motorcycles with engines over 150cc

HB 4604 Changes the name of the fee from "Public Hunting Grounds for Pheasants" to "Public Hunting Grounds for Game Birds".

HB 5788 Adds catfish to the list of aquatic life that may be taken by pitchfork, spear gun or bow and arrow

SB 2410 Allows minors to apply for youth trapping licenses with limited privileges

SB 3003 Allows only one application to be submitted for hunters hunting on their own land of over 40 acres

HB 2569 Provides that if the defendant pleads guilty the plea shall not be accepted until the court explains maximum and minimum penalty provided by law, any possible increased sentence for prior conviction or future conviction and any possibility of consecutive sentences, any registration requirement that accompanies the plea and the restrictions associated with the registration, and the consequences of the plea on a defendant's ability to apply for housing/obtain a job/obtain a driver's license/possess a firearm

HB 4515 Allows health care companies to hire someone convicted of certain crimes if that person has obtained a wavier from the Dept. of Public Health.

HB 5572 Creates the Sex Offenses and Sex Offender Registration Task Force

HB 5771 Certain mandatory natural life sentencing provisions for criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child apply only to a person who has attained the age of 18 years at the time of the commission of the offense.

HB 5973 IDFPR may not deny a request for a professional license solely on the basis of an applicant's criminal record unless he or she was convicted of a crime directly related to the occupation for which the license is sought; loosens rules involving discipline for license holders who owe child support; shall provide annual report on applicants thereafter

HB 6200 Limits rates for telephone usage by inmates at prisons and prohibits payment of additional fees or profits to phone companies that provide those services

HB 6291 Requires that a minor is not committed to the Dept. of Juvenile Justice for certain controlled substances violations unless its their third or subsequent judicial finding of a probation violation.

HB 6328 Allows people with past convictions to petition for the expungement of arrest records and charges that didn't result in conviction

SB 2370 Requires minors under the age of 15 charged with murder or sexual assualt must be represented by counsel throughout interrogation

SB 2885 Makes refunds in cases of reversal of conviction subject to availability of funds in the subject fund account

SB 0042 Allows health care workers to petition to have their licenses reinstated if they committed certain non-sexual, nonviolent felonies that happened at least 5 years ago

SB 1582 A K-12 student with an Individualized Education Plan with staff:student of 1:5 attending specific academies named in bill may be bussed for any curriculum-related activity

SB 2357 Removes provisions concerning the distribution of certain funds into the Horse Racing Equity Fund

SB 2610 Establishes a new type of license for organizations providing services to individuals with developmental disabilities

HB 4633 Unclaimed Life Insurance Benefits act - requires insurance companies to make a stronger effort to locate beneficiaries for life insurance policies. Similar to
SB1783 and
SB2396.

SB 0320 Creates the Mental Health Opportunities for Youth Diversion Task Force

SB 0420 Allows some wheelchair parts to be exempt from preauthorization requirements under Medicaid

SB 0805 Requires license plates to be clearly visible

SB 2156 Overtime, living allowances and other types of extra payments to employees of colleges or universities do not count as part of base compensation for purpose of calculating pension

SB 2306 Requires HFS to create an algorithm to automatically assign Medicaid enrollees in a managed care entity

SB 2340 Changes TANF regulations so that child support does not count so greatly against grant assistance

SB 2804 Allows employees to revoke a wage assignment at any time by submitting written notice to a creditor.

SB 2989 Application forms for winery shipper's license shall include all addresses from which applicant intends to ship wine, including third-party manufacturers. Licensee must include certain disclosures in application. Third-party providers must file with Liquor Control Commission, cannot appoint third-party provider that is in violation of law.