BUSINESS - COMMERCIAL - BANKING
HB 597 - Creates Financial Institutions Digital Signature Act
Allows unique electronic identifiers to be used by financial institutions with the same legal effect as written signatures. Provides for civil and/or criminal actions for unauthorized use of identifiers. Will appear at 205 ILCS 705/. P.A. 90-575; effective 3-20-98.
HB 1422 - Creates Right of Publicity Act
Creates the Right of Publicity Act so that an individual may control how his or her individual identity may be used for commercial purposes. Will appear at 765 ILCS 1075/. P.A. 90-747; effective 1-1-99.
HB 1633 - Creates Illinois Procurement Code
Creates the Illinois Procurement Code and makes major changes relating to state purchasing, including establishment of a Procurement Policy Board appointed by the governor and legislative leaders to review purchasing rules. Will appear at 30 ILCS 500/. P.A. 90-572; effective 2-6-98 and 7-1-98.
HB 2369 - Creates International Commercial Arbitration Act
Creates the International Commercial Arbitration Act. This Act applies to international commercial arbitration in the State of Illinois. Will appear at 710 ILCS 30/. P.A. 90-631; effective 7-24-98.
HB 2474 - Protection of Public Deposits With Banks
Amends the Uniform Commercial Code to provide that an unperfected security interest has priority over the rights of a lien creditor if the lien creditor is a trustee or receiver of a state or federally chartered financial institution and a security interest is granted by the financial institution. P.A. 90-696; effective 8-7-98.
HB 2700 - Intrastate Liquor Shipments
Prohibits unlicensed persons or businesses outside Illinois to ship liquor into the State. Exempts limited quantities of wine for personal use. Allows the Liquor Control Commission to investigate violations and issue orders to desist. P.A. 90-739; effective 8-13-98.
HB 3180 - Creates Electronic Commerce Security Act
Creates the Electronic Commerce Security Act. Authorizes the use of digital signatures and other forms of electronic signatures in a manner designed to provide legal certainty necessary to effect transactions over public electronic networks. Provides that electronic records can satisfy the legal requirement that information must be in writing. Establishes criminal penalties and civil remedies for violations. Provides that the Supreme Court with respect to courts and the Joint Committee of Legislative Support Services with respect to legislative agencies shall establish rules for use of electronic records and signatures. Will appear at 5 ILCS 175/. P.A. 90-759; effective 7-1-99.
HB 3321 - Mortgage Loan 3-Day Cancellation Exemption
Exempts transactions between consumer and licensed loan broker from the 3-day cancellation allowance. The transaction must involve obtaining a real estate mortgage loan and the first contact must have been made by the consumer or by another person at the request of the consumer. P.A. 90-764; effective 1-1-99.
HB 3463 - Illinois Franchise Disclosure Act Rewrite
Rewrites the Illinois Franchise Disclosure Act. P.A. 90-642; effective 7-24-98.
HB 3790 - Wage Deduction Act Court Filings
Streamlines the Wage Deduction Act to eliminate repeated court filings and employer interrogatories regarding the same judgment debtor and employer. P.A. 90-677; effective 1-1-99.
SB 497 - Out-of-State Mortgage Brokers
Amends the Residential Mortgage License Act to require all out-of-state mortgage brokers to become licensed in Illinois unless they broker 10 or fewer loans per year. Consolidates audit filings and financial statement filings with the Office of Banks and Real Estate (OBRE). Requires non-Illinois based mortgage brokers to maintain a net worth of $100,000, which is three times the net worth required of Illinois-based mortgage brokers. Authorizes OBRE to ban from the profession of mortgage brokering any person who is found to have knowingly submitted a false filing to OBRE. Repeals certain disclosure requirements upon mortgage brokers that are now covered by federal regulations. P.A. 90-772; effective 1-1-99.
SB 659 - Insurance Premium Tax
Replaces the insurance privilege tax found unconstitutional by the Illinois Supreme Court. Establishes a premium tax of 0.4 of 1% for all health insurance companies and HMOs and 0.5 of 1% for all other insurers. Continues a retaliatory tax for those companies whose home states tax Illinois companies at a higher rate. Eliminates the valuation fee charged to Illinois life insurers. P.A. 90-583; effective 5-29-98.
SB 1251 - Pawnshop Licenses
Prohibits a pawnshop license from being issued to a person who has been convicted of a felony, or a crime involving dishonesty in a pawnshop operation. Allows the Commissioner of Banks and Real Estate to close a pawnshop whose licensee is convicted of a felony, has a pattern of violations, or gives false information to the Commissioner. P.A. 90-602; effective 6-26-98, 7-1-98, and 1-1-99.
SB 1528 - Repossession of Automobiles
Creates new procedures to follow for selling automobiles repossessed after loan defaults. P.A. 90-665; effective 7-30-98 and 1-1-99.
SB 1694 - Investment Adviser Phone Sales
Amends the Illinois Securities Law to define "investment adviser representative" with respect to a federal covered investment adviser. Prohibits unsolicited telephone calls to offer or sell securities unless the caller identifies himself or herself and the purpose of the call Provides the calls must be made with certain time periods. Makes certain violations of the law for the purpose of inducing the purchase or sale of securities a Class 2 felony. Makes inducement, in the course of violating certain provisions of the Law, of a person 60 years of age or older to purchase or sell securities a Class 2 felony. P.A. 90-667; effective 7-30-98.
SB 1728 - Relaxes Some Insurance Restrictions
"Lloyds"-type underwriters are exempted from the limitation of any one risk or hazard to 10% of net assets. Employee leasing companies must keep detailed records for at least four year and their registrations may be rescinded or denied for any of several kinds of misconduct. Farm mutual insurance companies may invest in Fannie Mae or Freddie Mac bonds, mutual funds, and stocks in specified percentages of admitted assets. A domestic insurer with at least $15 million in policyholder surplus may be designated a domestic surplus line insurer and may issue surplus line insurance in Illinois and the other states. An out-of--state insurer's deposit with its regulatory agency or government will satisfy the Illinois insurance deposit requirements, allowing reciprocity with Puerto Rico. P.A. 90-794; effective 8-14-98 and 1-1-99.
CIVIL LAW
HB 1217 - Drug Intervenor, Court Volunteer, and Defibrillator Immunity
Amends the Alcoholism and Drug Addiction Intervenor and Reporter Immunity Law. Makes a confidential privilege for all reports, findings, proceedings, and data relating to the course of any intervention, including steps taken in preparation and implementation. This privilege extends to any discovery or disclosure in any proceeding, regardless of whether it is civil, administrative, or criminal. No person who participates in an intervention may be permitted or required to testify in any proceeding as to any evidence or other matters produced, presented, or considered during an intervention. Information, documents, or other records otherwise available from original sources are not to be construed as immune from discovery or use in a proceeding merely because they were presented during an intervention.
Expands the Good Samaritan Act for trained personnel who in good faith render uncompensated emergency medical care involving the use of an automatic external defibrillator in accordance with his or her training. Exempts willful and wanton misconduct.
Immunizes a court volunteer for performing uncompensated volunteer services under a court order unless the volunteer's acts or omissions constitute willful and wanton conduct. A volunteer must be in a program certified by the chief judge of the circuit. P.A. 90-746; effective 8-14-98.
HB 2030 - Expedited Evictions from Rental Properties
Amends the Code of Civil Procedure to allow expedited evictions from certain rental properties in which marijuana or narcotics are used, stored, manufactured, or distributed. P.A. 90-557; effective 6-1-98.
SB 1432 - Deceptive Practices Civil Liability
Amends the Criminal Code affecting the civil liability law for deceptive practices. Requires that the plaintiff must notify the defendant in the written demand that the defendant may tender to the plaintiff enough to pay for the bad check and the incurred court costs, service, and attorney fees. P.A. 90-721; effective 1-1-99.
CRIMINAL JUSTICE
HB 1368 - Creates Offense of Causing a Catastrophe
Creates the offense of causing a catastrophe and makes it a Class X felony.
Its definition includes causing an explosion, fire, flood, and is dependent on extent of damage and number of injuries. P.A. 90-669; effective 7-31-98.
HB 2297 - Hearsay Exception for Child Sex Victims
Re-enacts P.A. 89-428's hearsay exception for child sex victims if the statement is taken pursuant to a Child Advocacy Board's protocol. P.A. 90-656; effective 7-30-98.
HB 2400 - Community Police as Victims
Adds as an aggravating factor (for assault and battery) and for imposition of the death penalty that the victim was in a "community policing" program. Expands the offense of aggravated intimidation to include peace officer's and designee's actions related to their official duties. P.A. 90-651; effective 1-1-99.
HB 2899 - Reckless Homicide Subject to Truth-in Sentencing
Makes reckless homicide [DUI] subject to truth-in-sentencing at 85%. P.A. 90-740; effective 1-1-99.
HB 3063 - Speedy Trial Statute
Changes the speedy trial statute for defendants who are in custody. It does not affect defendants released on bail or their own recognizance. This Act add this sentences to 725 ILCS 5/103-5(a): "Delay shall be considered to be agreed to by the defendant unless he or she objects to the delay by making a written demand for trial or an oral demand for trial on the record." P.A. 90-705; effective 1-1-99.
HB 3170 - Delivery of Methamphetamine
Reduces from 200 grams to 15 grams of methamphetamine delivered, manufactured, or possessed with intent to deliver to be a Class X felony. Five to 15 grams is a Class 1 probationable offense. Higher amounts increase maximum only. P.A. 90-674; effective 1-1-99.
HB 3280 - Crime Victim Compensation
Amends the Crime Victims Compensation Act to expand the definition of victim to include any person under the age of 18 who is the brother, sister, half-brother, or half-sister of a person killed or injured in the State as a result of a crime and violence. It limits compensation for these victims to the cost of psychological treatment. It also increases the awards for funeral, burial expenses, and final awards under this Act. P.A. 90-708; effective 8-7-98.
HB 3500 - Truth-in-Sentencing Reenactment
Re-enacts truth-in-sentencing from P.A. 89-404 and subsequent amendments. P.A. 90-592; effective 6-19-98.
HB 3652 - Murder While Violating Order of Protection
Makes it an aggravated factor for sentencing on first degree murder if the victim was the subject of an order of protection issued against the defendant who murdered him or her. P.A. 90-668; effective 1-1-99.
SB 9 - Offense of Harassment Through Electronic Communication
Adds offense of harassment through electronic communication to the Obscene Phone Call Act that is punishable as a Class B/A misdemeanor. Class IV felony for third offense, VOP, same victim, threat to kill, a forcible felony conviction within 10 years. P.A. 90-578; effective 6-1-98.
SB 1028 - Possession of Controlled Substance Precursor
Creates the Class 4 felony offense of possession of controlled substance precursor-a substance possessed with the intent to use it to manufacture a controlled substance. P.A. 90-775; effective 1-1-99.
SB 1215 - Domestic Battery or Violation of Order of Protection
Enhances offense level for a domestic battery and a violation of order of protection case to a Class 4 felony if there is a prior conviction for a similar offense. P.A. 90-734; effective 1-1-99.
SB 1217 - Librarian's Affirmative Defense for Child Pornography
Eliminates affirmative defense in child pornography cases for librarians. P.A. 90-678; effective 7-31-98.
SB 1224 - Upgrades for Administering Controlled Substance to Victim
When a victim is administered a controlled substance without consent during a sex offense or robbery, the offense is enhanced to "aggravated." Provides that no inference may be drawn from victim's refusal to undergo a drug test. Requires that hospital personnel advise the victim about the effects of controlled substances and tests needed to detect the presence of drugs. P.A. 90-735; effective 8-11-98.
SB 1249 - Gun-Running Conviction
Provide that a conviction for gun-running is nonprobationable. P.A. 90-680; effective 1-1-99.
SB 1427 - UUW Offenses Near School, Park, or Public Housing
Increases certain UUW offenses from Class A misdemeanors to Class 4 felonies (possession with intent to use a dirk, billy, etc.) if committed within 1,000 feet of a school, public park, or public housing. P.A. 90-686; effective 1-1-99.
SB 1428 - Child Endangerment Resulting in Death
Enhances penalty for endangering life and health of a child to a probationable Class 3 felony if death results. P.A. 90-687; effective 7-31-98.
SB 1505 - Amends Child Hearsay Exception Statute
Amends child hearsay exception statute to provide that: "In a case involving an offense perpetrated against a child under the age of 13, the out of court statement was made before the victim attained 13 years of age or within 3 months after the commission of the offense, whichever occurs later, but the statement may be admitted regardless of the age of the victim at the time of the proceeding." Also requires sealing of evidence of child pornography after trial. P.A. 90-786; effective 1-1-99.
SB 1506 - Creates Offense of Residential Arson
Creates the offense of residential arson (Class 1; nonprobationable). Amends the definition of "dwelling place of another" to include a place in which the defendant has a tenancy interest but has been barred by court order from being there. Authorizes misdemeanor trials in absentia. P.A. 90-787; effective 8-14-98.
SB 1711 - Expands Sanctions for Public Aid or Medicaid Fraud
Expands Public Aid Code administrative sanctions for public aid or Medicaid fraud by recipient. First conviction causes up to a 1-year suspension. Second conviction causes a life-time ineligibility. P.A. 90-725; effective 8-7-98.
SB 1713 - Sexually Violent Persons
Amends the Sexually Dangerous Persons Act. Amends the State Employee Indemnification Act to include in the definition of "employee" individuals or organizations who contract with the Department of Human Services (DHS) to provide for the treatment and other services for sexually violent persons.
Amends the Civil Administrative Code to provide that upon request of the DHS, the Department of State Police must conduct an assessment and evaluation of a sexually violent person and furnish the criminal history information maintained on the sexually violent person.
Amends the Criminal Code of 1961. Provides that it is a Class 2 felony for a person who is committed to the DHS under the Sexually Violent Persons Commitment Act or in detention with the DHS awaiting such a commitment to intentionally escape from a secure residential facility or from the custody of an employee of the facility. Amends the Unified Code of Corrections to include in the definition of "committed person" for purposes of the escape statute, a person committed as a sexually violent person and who is held in a secure facility.
Amends the Rights of Crime Victims and Witnesses Act to provide that when a defendant who served his or her sentence is then committed to the DHS as a sexually violent person, the releasing authority must inform the DHS that a victim of that defendant has requested notification, if the victim has made that request, of that defendant's release.
Amends the Sexually Violent Persons Commitment Act to provide that the DHS may (1) investigate the financial condition of a sexually violent person committed under the Act, (2) make determinations of the ability of each such person to pay for treatment services, and (3) set a standard as a basis of judging the ability of a committed person to pay for treatment.
State's Attorney and Attorney General may jointly file a petition alleging an inmate is a sexually violent person. Petition may be filed within 30 days of defendant's DOC release. Defendant's refusal to talk with DHS estops defendant's use of expert. Maximum continuance of probable case hearing by defendant is seven days. Refusal by sex offender to give blood specimen is a Class A misdemeanor. P.A. 90-793; effective 8-14-98.
SB 1756 - Potpourri of Criminal Law Changes
Expands aggravated robbery offense to include representation of other types of weapons than firearms, such as knife, club, ax, and bludgeon.
Changes the insanity defense so that a defendant must prove by clear and convincing evidence that he or she lacked substantial capacity as a result of mental disease or mental defect to appreciate the criminality of his or her conduct.
Requires the court to hear an insanity acquittee's petition to transfer to a nonsecure setting, discharge, or conditional release within 120 (instead of 30) days of receipt. Prohibits the filing of a new insanity acquittee's petition for 120 (instead of 60) days without leave of court.
Changes the computation of good time for certain offense. Delays a Truth-in-Sentencing Commission report.
Amends the Drug Asset Forfeiture Act to permit a jury in a forfeiture hearing.
Permits a separate conviction for simultaneous possession of several controlled substances.
Requires the minimum term of imprisonment for criminal drug conspiracy to be no less than the minimum term required for the offense that is the object of the conspiracy.
Defines a "police district" to include a county and its adjoining counties instead of the corporate limits of adjoining municipalities. Police officers may exercise their full power and authority throughout the State in investigating their jurisdiction's crime.
Provides that the proceeds of forfeited drug assets in Cook County will be distributed directly to the State's Attorney for enforcement of the drug laws.
Prohibits the $7,500 homestead protection from being used as a defense to a home forfeiture for illegal drug activity. P.A. 90-593; effective 6-19-98 and 1-1-99.
SB 1835 - Elder Abuse and Neglect Act
Amends the Elder Abuse and Neglect Act. P.A. 90-628; effective 1-1-99.
SB 1846 - Creates Offense of Unlawful Contact with Streetgang Members
Creates the offense of unlawful contact with streetgang members. It is triggered by a defendant who has direct or indirect contact with a streetgang member if the defendant's condition of bail, probation, supervision, or conditional discharge forbids such contact. Creates an exception for contact with family or household members if the streetgang member is not engaged in any streetgang activity. P. A. 90-795; effective 8-14-98.
EDUCATION
HB 1005 - Physical or Sexual Abuser Hiring
Prohibits school boards from knowingly employing persons who, in proceedings under Article II of the Juvenile Court Act, are found to be perpetrators of sexual or physical abuse of minors under 18 years of age. Amends the Juvenile Court Act to require the Department of State Police to include in its background investigation report to a school district covering a person who applies for school district employment information reported by a court to the Department concerning the courts' determination that such person inflicted physical or sexual abuse upon a minor.
Amends the Illinois School Student Records Act to allow the dissemination of records to a governmental agency to investigate a student's school attendance. P.A. 90-566; effective 1-2-98.
HB 1640 - School Finance Clean-Up
Corrects the "double whammy" calculations for school districts in tax-capped counties. Removes the "hold harmless" language that permits payments to be prorated and allows more schools to qualify for school construction grants. Makes block grants subject to audit. Makes changes in the school construction grant program.
Allows regional superintendents to contract with a school district or community college to operate an alternative school.
Corrects the teacher remediation provision to allow for evaluations every 30 days in the 90-day remediation period. Modifies language regarding the teacher probationary period for those teachers hired before Jan. 1, 1998. Makes changes regarding special K-12 teaching certificates. P.A. 90-653; effective 7-29-98.
HB 2411 - School District "Hold Harmless" Payments
Eliminates language in last year's school reform bill (P.A. 90-548) which allows the proration of "hold harmless" payments to school districts that would receive them under the 1997 new school funding formula, and makes the "hold harmless" payment part of the continuing appropriation. P.A. 90-654; effective 7-29-98.
HB 2614 - School Board Elections
Makes various changes regarding non-partisan November election for school board members. Clarifies when school board members take office after the Spring consolidated elections in 1999 and 2001. Clarifies the terms for the new school board officers and adjusts the ballot form for those two elections to reflect that the school board term will be less than four full years. Clarifies that a school board may expend funds to provide training for those elected to a seat on the school board but who have not yet taken office. Allows special education cooperatives to have less than 17-member school districts if overseen by a governing board. P.A. 90-637; effective 7-24-98.
HB 2802 - Transportation Services Loan Program
Provides that school districts furnishing free transportation services for the first time may participate in an interest-free start-up loan program to assist in providing the transportation. The funds must be repaid by subtracting one-tenth of the amount of the loan from the amount due for the school district's reimbursement claim each year. P.A. 90-756; effective 8-14-98.
HB 2844 - Potpourri of School Code Changes
Makes several changes in the School Code. Provides that if a charter school
that received a State Board of Education loan for start-up costs has its charter revoked or it is not renewed, the local school board is not responsible for repayment of the loan.
Provides that a student's expulsion for a weapon violation may be modified by the superintendent as well as the school board. Also adds flexibility for the local district in weapons cases if the weapon was not a gun.
Creates the Right to Read Fund so the State Board of Education may accept contributions from private individuals or entities for the purpose of improving the reading of children in public schools.
Provides that the tax rate limits for special education programs may be increased to .40% (instead of .125%) for dual districts and increased to .80% (instead of .25%) for unit districts.
Provides for the election of a 7-member board of school directors to replace an existing 3-member board in a school district of fewer than 1,000 inhabitants, if approved by referendum. The referendum proposal may be initiated by petition of the lesser of 5% or 25 of the electors of the district. P.A. 90-757; effective 8-14-98.
HB 3481 - GED Fees
Eliminates provisions that set specific fees for taking or retaking the GED test and allows those fees to be set by the State Board of Education. P.A. 90-643; effective 7-24-98.
HB 3484 - Orphanage and Children's Home Reimbursements
Authorizes payment and changes the formula for determining tuition cost payments for children from orphanages and children's homes from 1.0 times the total annual per capita cost of administering the districts schools to 1.2 times. Provides for the reimbursement of educational costs of special education students who are wards of the State whether placed in public, private or out-of-state settings. Revises the membership and terms of members of the Advisory Council on Education of Children with Disabilities. P.A. 90-644; effective 7-24-98.
HB 3793 - Requires Teaching Discipline and Respect
Amends current law to require that all public school teachers teach pupils discipline and respect for others. P.A. 90-620; effective 7-10-98.
SB 3 - Teachers Retirement System Pensions
Changes the Teachers Retirement System pension formula by establishing a 2.2% flat rate instead of the current sliding scale for the calculation of benefits. Requires an employee's contribution of 1% salary beginning July 1, 1998. Requires a school district contribution of 0.3% of total TRS payroll beginning July 1, 1998, and 0.58% of payroll on July 1 each year thereafter. Allows an employee to purchase previous service credit with periodic upgrades and waives a penalty for employees with 34 years' of service. P.A. 90-582; effective 5-27-98.
SB 1426 - Vandalism Penalty Increase
Increases the penalty (from a Class 4 felony to a Class 3 felony) for criminal defacement of property to a school building when the property damage exceeds $300. Allows the requirement that the defendant clean, remove, or paint over the defacement. P.A. 90-685; effective 1-1-99.
SB 1555 - Investment Policy Requirement
Amends the Public Funds Investment Act to require that all public agencies, including school districts, develop and implement an investment policy for public funds by Jan. 1, 2000. Lists specific areas that must be covered in the policy, including investment safety, liquidity and rate of return. P.A. 90-688; effective 7-31-98.
SB 1610 - IGAP Tests
Contains language addressing the IGAP test by defining "academically based tests." These tests are not to include assessments or evaluations of attitudes, values or beliefs, or testing of personality, self-esteem, or self-concept. Creates a two-year pilot project for using short-answer questions in reading and math, after which the State Board cannot use short-answer questions unless the pilot project demonstrates that the use of such questions results in a statistically significant improvement in student achievement. Changes the IGAP Review Committee to include up to 20 people consisting of parents, teachers, and school administrators and requires that one of the parent representatives serve as chair. P.A. 90-789; effective 8-14-98.
SB 1664 - Vocational Education and Drug and Alcohol Treatment
Amends the Private Business and Vocational Schools Act. Establishes a Partnership for Careers grant program under which the State Board of Education may award grants to school districts that submit joint applications for grants along with one or more companies that make the required facility and financial commitments to program implementation.
Amends the School Code relating to the payment of tuition by a student's school district of residence to another school district in which residential program services to correct alcohol or drug dependencies are provided to the student. It eliminates the language stating that those provisions do not apply to a disabled child eligible for special education services. P.A. 90-649; effective 7-24-98.
ENVIRONMENTAL LAW
HB 2668 - Underground Storage Tank Certification
Requires that the State Fire Marshal certify that underground storage tanks comply with its rules and regulations. The Fire Marshal will affix evidence of compliance or non-compliance to all facilities that have an underground storage tank. Beginning December 22, 1998, no product may be delivered to a storage tank on a premises that does not have evidence of compliance. P.A. 90-662; effective 7-30-98.
HB 3257 - Construction or Demolition Debris
Amends the Environmental Protection Act. Deletes provisions prohibiting a person from conducting an operation for the receipt, transfer, recycling, or other management of construction or demolition debris without maintenance of load tickets and certain other manifests. Requires a person who conducts generation, transportation, or recycling of construction or demolition debris to maintain certain identifying documentation for three years. Exempts certain facilities that use construction debris for certain specified uses from the documentation requirement. Provides that certain provisions concerning maintenance of identifying documentation does not apply to generation or recycling of clean construction or demolition debris in certain circumstances.
Provides that certain provisions concerning the generation, transportation, or recycling of construction or demolition debris does apply to uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads that is not commingled with any waste. Removes uncontaminated soil that is not commingled with any general construction or demolition debris or other waste from the definition of "general construction or demolition debris. Replaces "dirt and sand" with "soil" and removes soil that is not commingled with any clean construction or demolition debris or other waste from the definition of "clean construction or demolition debris.
Amends the Environmental Protection Act to provide an exemption from the manifest requirements for construction or demolition debris for municipal utilities and the Illinois Department of Transportation. Provides that the terms "generation" and "recycling" do not apply to clean construction or demolition debris if milled asphalt or crushed concrete is used as aggregate in constructing the shoulder of a roadway. P.A. 90-761; effective 8-14-98.
SB 545 - Potpourri of Environmental Law Changes
Amends the Environmental Protection Act and the Illinois Chemical Safety Act.
Establishes a pretreatment market system to afford economic-based incentives to publicly-owned treatment works and tributary discharges to achieve compliance with federal, state, and local pretreatment standards and limits.
Requires public water supplies established after Oct. 1, 1999 to demonstrate managerial capacity as a condition for the issuance of construction and operation permits.
Removes requirement that interest and earnings from investments of the Hazardous Waste Transporter Account be deposited into that account.
Amends provisions relating to the Clean Air Act Permit Program to include emissions from support facilities supporting a stationary source.
Limits penalties for failing to file toxic chemical release forms to $6,000 (currently $100 per day).
Provides that potentially infectious medical waste is generally not hazardous waste.
Excludes certain businesses subject to certain federal regulations from the Illinois Chemical Safety Act. P.A. 90-773; effective 8-14-98.
SB 1291 - State Environmental Remediation Credit
Makes changes to the "unreimbursed eligible remediation cost" taken into account in calculating the state environmental remediation credit by including similar deductions taken on the federal income tax return. P.A. 90-717; effective 8-7-98.
SB 1705 - Remediation Tax Credit for Enterprise Zone
Increases the environmental-remediation tax credit for unreimbursed eligible costs for certain sites located in an enterprise zone. P.A. 90-792; effective 1-1-99.
FAMILY LAW
HB 1612 - Qualified Illinois Domestic Relations Order
Amends the Illinois Pension Code and the Illinois Marriage and Dissolution of Marriage Act to provide for the issuance of a Qualified Illinois Domestic Relations Order (QILDRO). This allows a former spouse to receive all or a specified portion of the retirement benefit or member's refund otherwise payable to a member or the member's beneficiary under the Pension Code. Specifies conditions and procedures. Requires the member's written consent before a QILDRO is effective against a current member. Provides that pension benefits become marital property. Includes provisions for valuing pension benefits as marital property and other provisions.
Makes changes to the requirements for parties seeking a joint simplified dissolution. Requires that the duration of the marriage does not exceed eight (rather than five) years, that the total fair market value of all marital property after deducting all encumbrances is less than $10,000 (rather than $5,000), and that the parties' combined gross annualized income is less than $35,000 (rather than $25,000). Adds a requirement that neither party has a gross annualized income in excess of $20,000. P.A. 90-731; effective 7-1-99.
HB 2860 - Insurance for a Victim of Domestic Violence
Prevents a company issuing policy of property and casual insurance from using the fact that an applicant incurred bodily harm as the result of domestic violence as the sole reason for a rating, underwriting, or claims-handling decision. P.A. 90-700; effective 8-7-98.
HB 3162 - Treatment of Foreign Order of Protection
Adds new ways to be convicted of violating an order of protection. Defendants may be found guilty if they have violated a valid order of protection issued by another state, tribe, or U.S. Territory that includes a remedy substantially similar to those authorized by the Illinois Domestic Violence Act. P.A. 90-732; effective 8-11-98.
HB 3415 - Driver's License of Delinquent Obligor
Requires the Secretary of State to deny the issuance or renewal of a driver's license or revoke the driving license and permit for an obligor who is at least 90 days delinquent in child-support payments or has been adjudicated in an arrearage equal to 90 days' worth of support and has been found in contempt for failure to pay support. Allows a person in violation of the Non-Support of Spouse and Children Act to be required to perform community service or participate in a work alternative program P.A. 90-733; effective 8-11-98.
SB 1215 - Domestic Battery Enhancement
Enhances domestic battery from a Class A misdemeanor to a Class 4 felony if the defendant has a prior conviction for domestic battery or violation of order of protection. Makes the same enhancement for a violation of an order of protection. P.A. 90-734; effective 1-1-99.
SB 1259 - DNA Testing Vacates Prior Paternity Action
Amends the Parentage Act. Provides that an action to declare the non-existence of the parent-child relationship may be brought via verified complaint by a man adjudicated in any proceeding to be the father pursuant to the presumption of the Act if DNA tests reveal he is not the father. Any order regarding custody, visitation, and future payment of support may be vacated. Amends the statute of limitations to create a narrow window for its use. P.A. 90-715; effective 8-7-98.
SB 1328 - Stepparent Standing for Visitation and Custody
Amends the Illinois Marriage and Dissolution of Marriage Act. Creates standing for a stepparent for custody and visitation in certain limited situations. P.A. 90-782; effective 8-14-98.
SB 1700 - Child Support Compliance with Federal Welfare Reform
Makes a number of changes in child support collection to comply with the federal welfare reform mandates enacted in 1996. Some of them are as follows: (1) Establishes a State case child support registry within the Illinois Department of Public Aid that would keep child support records entered in cases in which a party is receiving Title IV-D child support enforcement services and for all other cases in which the order is entered on or after Oct. 1, 1998. (2) Provides Title IV-D clients with an appeal right regarding DPA's administrative and support decisions. (3) Allows non-custodial parents and Title IV-D clients to petition to vacate DPA's administrative paternity and support orders within two years of entry (the same as court orders). (4) Requires an income withholding notice to contain the printed name and telephone number of the authorized representative of the public office. P.A. 90-790; effective 8-14-98.
HEALTH CARE
HB 3427 - Health Care Insurance Coverage Issues
Amends the Illinois Insurance Code. Requires group policies of accident and health insurance to cover diabetes self-management training and education. Requires coverage for necessary pharmaceuticals and supplies and for foot care. Requires coverage for colorectal cancer screening. Amends the State Employee's Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to require diabetes self-management training education and colorectal cancer screening be included in health coverage under those Acts.
Amends the Illinois Insurance Code in relation to requirements for principal health care providers for women. Requires insurers to provide lists of physicians specializing in obstetrics or gynecology or specializing in family practice from which the woman's principal health care provider may be chosen. Provides that a female insured is not required to limit selection of a woman's principal health care provider by requiring that there be a referral agreement between the individual coordinating the care and woman's principal health care provider.
Provides that a policy of life insurance that allows payment of a percentage of benefits in advance upon a diagnosis that the insured has incurred a medical condition specified in the policy may pay up to 75%, rather than 25%, of the benefits in advance. P.A. 90-741; effective 8-13-98 and 1-1-99.
HB 3492 - Mental Health Commitment Proceeding Transcripts
Amends the Mental Health and Developmental Disabilities Code. Provides for free transcripts of proceedings for mental health commitment respondents who are determined by the court to have insufficient funds to pay the cost. P.A. 90-765; effective 8-14-98.
SB 1271 - Supportive Living Program Employee Background Check
A "supportive living program" is included within the definition of "health care employer" in the Health Care Worker Background Check Act. P.A. 90-776; effective 1-1-99.
SB 1491 - Out-of-State Physician Background Check
Requires the Department of Professional Regulation to conduct a criminal background check of a physician licensed in another state who is seeking to be licensed to practice medicine in Illinois. P.A. 90-722; effective 1-1-99.
SB 1585 - Nursing and Advanced Practice Nursing Act
Renames 225 ILCS 65/1 as the Nursing and Advanced Practice Nursing Act. Establishes licensing requirements for advanced practice nurses. Will appear at 225 ILCS 65/5-1. P.A. 90-742; effective 8-13-98.
JUVENILE JUSTICE
HB 2326 - Improper Disclosure of Foster Parent Indentifiers
Creates the offense of improper disclosure of foster parent identifiers (Class A) for unauthorized redisclosure not in accord with Juvenile Court Act. P.A. 90-629; effective 7-24-98.
SB 363 - Juvenile Justice Act Rewrite
Expands who gets access to juvenile justice records and what is in the accessed records. It also creates (but does not fund) a statewide database system to identify and track minors who have contact with the juvenile justice system. Police agencies must take and forward fingerprints, descriptions, and disposition of all minors who are 10 years old or older if arrested for any felony. Law enforcement may forward this information for minors who are arrested for Class A and B misdemeanors. These records may be expunged (1) at age 17 if there is no finding of delinquency, or (2) if there was a finding of delinquency, five years after the juvenile case is closed or when the minor turns 21, whichever is later as long as the minor was not convicted of any crime from the age of 17 to 21.
Gives courts authority to require parents to participate in any program that the court finds will help the minor as part of the juvenile sentence. It also allows the courts to assess the costs of incarcerating a minor against the parents.
Allows a minor age 12 or older to be detained in a juvenile detention home or non-secure facility up to 40 hours (the limit now is 36). Allows a minor to be detained in a county jail or municipal lockup for no more than 12 hours (now 6 hours). A minor who is charged with a crime of violence may be detained for up to 24 hours. Current law is retained that starts this time limit when the minor is in a locked room or cell or handcuffed to a stationary object in a building housing a county jail or municipal lockup. Requires law enforcement officers to "consult" with the state's attorney before releasing a minor who is charged with one of 20 different felonies. Creates an exemption from the current law's requirement that minors be separated from adult prisoners by sight and sound. Minors who are being processed or appearing in a line-up may be commingled with adult prisoners as long as the minors are under direct and constant supervision.
Allows a minor to be given a juvenile sentence and an adult sentence in certain cases, which will be called extended jurisdiction juvenile prosecutions (EJJ). The adult sentence is stayed as long as the minor complies with the juvenile sentence. The state's attorney must file a motion seeking the dual sentence against a minor age 13 years or older who has been charged with a felony. If the court finds that there is probable cause to believe that the allegations in the petition are true, a rebuttable presumption is created that it should be an EJJ case. The court is then required to make it an EJJ case unless he or she makes a finding based on clear and convincing evidence that sentencing as an adult would not be appropriate for the minor based upon enumerated criteria. It also requires adult prosecution against any minor who has been previously been transferred to adult court. If the minor is found by a preponderance of the evidence to have violated any condition of the sentence, a court may revoke the stay of the adult sentence. P.A. 90-590; effective 1-1-99 and 1-1-00.
SB 1339 - Changes for Abuse and Neglect Cases and Parental Unfitness
Makes comprehensive changes to child welfare in partial response to the federally imposed-mandate of Public Law 105-89-the Adoption and Safe Families Act of 1997.
Allows for placement of children in secured child care facilities (but not in the Illinois Department of Corrections) for children under the age of 18 who have a mental illness or emotional disturbance. This disturbance includes but is not limited to a behavioral disorder of such severity that placement is necessary or the minor is likely to endanger self or others or not meet the minor's basic needs. The minor may be held for 30 days, at which time the facility director must review the minor's record before requesting authorization from DCFS for continued confinement. Every 60 days thereafter a review and DCFS authorization must be received as long as the minor is confined. The minor may object to placement, which then triggers a DCFS response within 15 days and a court hearing within five days of the court's receipt of DCFS' response.
Makes a number of procedural changes to non-delinquency cases, including: (1) Prohibits a party from receiving a substitution of judge without cause if the judge is currently assigned to a proceeding involving the alleged abuse, neglect, or dependency of the minor's sibling or half-sibling and the judge has made a substantive ruling in the proceeding involving the minor's sibling or half-sibling; (2) Allows the court to take judicial notice of prior sworn testimony or evidence admitted in prior proceedings involving the same minor if two conditions are met. First, the parties were either represented by counsel at the prior proceedings or the right to counsel was knowingly waived. Second, the taking of judicial notice would not result in the admission of hearsay evidence at a hearing if it would otherwise be prohibited; (3) Changes the notice requirements under the Juvenile Court Act, the contents of judicial findings, allows relative caregivers the right to notice and to be heard, and allows hearing officers to take consents and surrenders.
Permits disclosure of records and communications if a recipient is named as a parent, guardian, or legal custodian of a minor who is alleged to be abused, neglected, or dependent. Facilitates interagency disclosures for a missing parent believed to be in a mental health facility. Amends the definition of "depravity" in the Adoption Act and also creates several new grounds of unfitness in the Act. One of the new grounds is for being in foster care for 15 months out of a 22-month period under certain circumstances. Makes it easier for the expedited termination of parental rights under certain circumstances or expedited termination of family preservation services. Creates a number of deadlines for permanency hearings and makes other changes to the manner in which they are conducted. In particular, all objections to a permanency order must be in writing. P.A. 90-608; effective 6-30-98.
SB 1384 - Child Abuse and Neglect Computer Check
Requires unlicensed child care providers who receive funds from the child care assistance program to authorize an investigation of the Central Register to ascertain if a child care provider has been determined to be a perpetrator in an indicted report of child abuse or neglect. The written authorization is a condition for eligibility for continued participation in the child care assistance program. Also expands the "abused child" definition to include a parent or guardian who commits or allows to be committed the offense of female genital mutilation against a child. P.A. 90-684; effective 7-31-98.
LOCAL GOVERNMENT
HB 38 - Demolish Hazardous Three Story Buildings
Amends the Illinois Municipal Code. Provides that a municipality may demolish a residential or commercial (now residential) building that is three (now two) stories or less if the building is open and vacant or an immediate and continuing hazard. P.A. 90-597; effective 6-25-98.
HB 672 - Governmental Entity Ethics Reform
Creates the State Gift Ban Act, which prohibits anyone covered under the Act from soliciting or accepting a gift from a "prohibited source" or in violation of any federal or state statute, rule, or regulation. This Act covers judges, state constitutional officers, members of the General Assembly, and all employees, contractors, and directors of any kind of governmental entity. Within six months of Jan. 1, 1999, units of local government, home rule units, and school districts must adopt and enforce provisions substantially similar to this Act, but non-salaried or elected officials may be exempted.
A prohibited source of a gift is any person or entity that (1) is seeking official action from a person or entity covered under the Act, (2) does business or seeks to do business with a person or entity covered under the Act, (3) conducts activities regulated by a person or entity covered under the Act, (4) has interests that may be substantially affected by the performance or non-performance of the official duties of the person or entity covered under the Act, or (5) is a registered lobbyist.
Exempts such gifts as (1) a contribution or other payments to a legal defense fund established for the benefit of a person or entity covered under the Act, (2) anything provided by an individual on the basis of a personal friendship unless the covered person or entity has reason to believe that, under the circumstances, the gift was provided because of the person's official position and not because of the personal friendship, (3) golf or tennis, (4) food or refreshments of nominal value and catered food or refreshments, (5) meals or beverages consumed on the premises from which they were purchased, and (4) an item of nominal value such as a greeting card, baseball cap, or T-shirt.
Each governmental entity must create an ethics commission and an ethics officer to monitor, investigate, and adjudicate violations under this Act. A person who knowingly violates this act is guilty of a business offense and may be fined up to $5,000.
Proceedings under and documents generated by this Act are exempted from the Freedom of Information Act and the Open Meetings Act.
Makes several changes to the Election Code, which are as follows: (1) increases from $1,000 to $3,000 as the triggering amount with the election statutes, (2) requires nonprofit organizations to register with State Board of Elections and disclose their financial contributions that are intended to change public policy in certain circumstances, (3) requires contributions in excess of $500 to list the donor's occupation and employer, (4) prohibits the use of campaign funds for such things as repayment of personal loans, tuition, and educational expenses and membership and club dues, and (5) requires political literature to designate the name of the person or organization that authorized, paid for, or distributed the political literature.
The State Gift Ban Act will appear at 5 ILCS 425/. P.A. 90-737; effective 1-1-99.
HB 2299 - Enterprise Zone Special Provisions
Amends the Illinois Enterprise Zone Act. Provides that if (1) the county board of any county in which a current military base is located or in which a military base that has been closed within the last 20 years is located adopts a designating ordinance to designate the military base as an enterprise zone and (2) the property otherwise qualifies as an enterprise zone, then the Department of Commerce and Community Affairs may certify the designating ordinance or ordinances, as the case may be. P.A. 90-657; effective 7-30-98.
HB 2375 - Municipal Easements for Chicago Park District
Amends the Chicago Park District Act. Provides that the Chicago Park District may grant licenses, easements, and rights of way to municipalities, corporations, or persons for the construction, operation, and maintenance of facilities on, under, or across property of the district for water, sewer, telephone, electricity, gas, or other public services. P.A. 90-695; effective 1-1-99.
HB 2473 - Adult Use Ban Near Forest Preserve District
Amends the Counties Code and the Illinois Municipal Code. Prohibits a county or municipality from allowing the location of an adult entertainment facility within 1,000 feet of the property boundary of any forest preserve district.
P.A. 90-634; effective 7-24-98.
HB 2503 - Day-Care Licensing Records Check
Amends the Freedom of Information Act to include as public records under the Act complaints, results of complaints, and DCFS staff findings of licensing violations at day-care facilities as long as personal and identifying information is not released. P.A. 90-670; effective 7-31-98.
HB 2533 - DCCA Economic Development Grant Authority
Amends the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Community Affairs, in its discretion, may establish a program of grants to be matched by economic development entities in the State to finance and promote local economic development. Authorizes the Department to make grants, subject to appropriations from a special fund created in the State treasury, to nonprofit organizations and local units of government whose primary objectives are to promote Illinois communities as sites for industrial and business location and expansion. Provides that the applicant's proposed project must have a definable impact on business and industrial attraction, recruitment, or retention. Provides factors to be considered in choosing grant recipients. Provides that State grant dollars shall be evenly matched by the applicant. Provides that moneys appropriated to the program of grants shall be deposited into the Economic Development Matching Grants Program Fund and shall not lapse into the General Revenue Fund at the end of a fiscal year. Provides that these grants shall be in addition to any other grant programs currently in place and administered by the Department. Provides that the Department shall adopt rules to implement this program. Amends the State Finance Act to create the Economic Development Matching Grants Program Fund. P.A. 90-660; effective 7-30-98.
HB 2553 - Sanitary Districts
Makes numerous changes to the laws governing sanitary districts. P.A. 90-697; effective 8-7-98.
HB 2557 - County Elimination of Non-Conforming Uses
Amends the Counties Code. Provides that the county board or the board of county commissioners may make provisions for the gradual elimination of uses of unimproved lands or lot areas if the existing rights of possession are terminated or the current use is discontinued or for the gradual elimination of uses to which buildings and structures are devoted if adaptable to permitted uses or damaged in major part. Provides that the authority to eliminate uses, buildings, and structures shall not be exercised with respect to land used for agricultural purposes or with respect to a public utility. P.A. 90-661; effective 7-30-98.
HB 2607 - 911 Funds/Coterminous Township Eliminated
Amends the Emergency Telephone System Act. Provides that the Emergency Telephone System Board may expend funds for, among other things, a computer-aided dispatch system that records, maintains, and integrates information and to maintain, replace, and update equipment to increase operational efficiency and improve the provision of emergency services.
Amends the Township Code. Provides that by a resolution passed by a three-fourths vote, the city council of any home rule municipality may cease to exercise the powers of the township board. Provides that if the city council ceases to exercise the powers of the township board, vacancies in the offices of township clerk, township collector, and board of trustees shall be filled in accordance with the general election law. Provides that the rights and duties of the township supervisor and any other duly elected township officials shall not be altered. P.A. 90-698; effective 8-7-98.
HB 2746 - Land Conveyance Under Jurisdiction Transfer Agreements
Amends the Illinois Highway Code to provide that if the Department of Transportation enters into or currently has a written contract with another highway authority for the transfer of jurisdiction of a highway, the Department may convey any land, dedications, easements, access rights, or any interest in the real estate that it holds to the highway authority. Provides that no part of the transferred property can be vacated or disposed of without the approval of the Department, which may require compensation for non-public use. P.A. 90-755; effective 8-14-98 and 1-1-99.
HB 2864 - Digital and Electronic Public Records
Amends the Local Records Act. Provides that a public record may be disposed of after the prescribed retention period and being reproduced in a digitized, electronic format if the local records commission gives written approval for disposal and (1) the reproduction is durable and complete, (2) the reproduction is retained for the prescribed period and in the prescribed format, and (3) the Commission is notified when the original or reproduced record is disposed of. Provides that the State archivist may deposit historical records in, among others, the State Archives, State Historical Library, or a university library. P.A. 90-701; effective 1-1-99.
HB 2869 - Review of Public Building Commission Audit
Amends the Public Building Commission Act. Requires that a public building commission's annual audit be presented to the governing body or bodies whose resolutions organized the commission. Authorizes the governing bodies to order an audit at commission expense if one is not presented. P.A. 90-702; effective 8-7-98.
HB 2909 - Job Training Program
Amends the Civil Administrative Code of Illinois. Provides that grants made through the Job Training and Economic Development Demonstration Grant Program shall be based on the cost of providing training services and the goals negotiated and made a part of the contract between the Department and the training partners. Provides for periodic payments based on the percentage of goals reached. Allows grants for job training of disadvantaged persons (now, unemployed disadvantaged persons.) P.A. 90-758; effective 8-14-98.
HB 3139 - Vacation of Municipal Office for Conviction
Amends the Election Code and the Illinois Municipal Code. Provides that a conviction for an offense that disqualifies an office holder from holding his or her office shall occur on the date of the return of a guilty verdict or the entry of a finding of guilt. Further amends the Illinois Municipal Code to provide that admission of guilt of a criminal offense that disqualifies an office holder from holding his or her office, in the form of a written agreement to plead guilty to a felony, bribery, perjury, or other infamous crime, shall constitute a resignation from office. P.A. 90-707; effective 8-7-98.
HB 3254 - Local Liquor Control Changes
Amends the Liquor Control Act of 1934. Allows a municipality or county to prohibit a licensee from permitting a person under the age of 21 years to enter and remain in a portion of a licensed premises that sells, gives, or delivers alcoholic liquor for consumption on the premises. Provides that reliance on adequate written evidence of age and identity is an affirmative defense. Requires reports to the Secretary of State concerning use of a false or fraudulent ID or driver's license. Provides that the provision authorizing a licensee to prohibit a person under 21 years of age from entering and remaining in that portion of a licensed premises that sells, gives, or delivers alcoholic liquor for consumption on the premises does not apply to any licensed premises where selling, giving, or delivering alcoholic liquor is not the principal business of the licensee at those premises. Provides that the prohibition against selling alcoholic liquor at retail within 100 feet of a church, school, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station shall not apply to a newly constructed restaurant that meets certain requirements. P.A. 90-617; effective 7-10-98.
HB 3556 - Creates Contractor Unified License and Permit Bond Act
Creates the Contractor Unified License and Permit Bond Act. Establishes a unified license and permit bond for contractors to file with the county recorder to be used instead of individual license or permit bonds required by the county or a municipality within that county. Provides that the bond shall be in the amount of at least $25,000 and $50,000 in counties included within the provisions of the Northeastern Illinois Planning Act. Provides that the unified license and permit bond does not prohibit reasonable local license and permit fees. Defines contractor. Preempts home rule. Instead of mandating that contractors obtain a unified license and permit bond, provides that contractors may obtain the bond and may use it at their own discretion. Deletes the provision requiring the municipal or county clerk to issue the unified bonds. Provides that when the bond is filed, the county clerk may charge a reasonable administration fee as determined by the county board or board of county commissioners. Defines unified license and permit bond, and defines municipality to include townships. Provides that if a municipality where a contractor is doing work is included within more than one county, then the contractor shall file a unified bond with each of the respective county clerks. Provides that a contractor shall file a certified copy of the unified bond with the municipal clerk of the municipality where the contractor is doing work, and the municipal clerk may charge a reasonable administration fee. Provides that the Act does not prohibit local performance bonds. Will appear at 50 ILCS 830/. P.A. 90-712; effective 8-7-98.
HB 3626 - Stipends of County Officials
Increases the annual state stipends for the following county officials: treasurer, sheriff, county clerk, recorder, and chief clerk of each county's board of election commissioners. P.A. 90-713; effective 12-1-98.
HB 3811 - Free Publications from Tax Appeal Board
Provides that the Property Tax Appeal Board shall, upon request, annually distribute to each chief county assessment officer, free of charge, one copy of any publication produced by the board. P.A. 90-770; effective 8-14-98.
SB 1280 - Administrative Adjudication and Public Record
Inspection
Amends the Illinois Municipal Code. Allows the corporate authorities of a non-home rule municipality to establish a code hearing department to adjudicate violations of municipal ordinances. Provides for notice of a code hearing to the defendant. Provides that hearing officers may direct witnesses to appear and to give testimony at hearings. Sets out procedures for hearings and for hearing officers. Provides for review of the findings, decisions, and order of the hearing officer under the Administrative Review Law. Provides for the enforcement of the hearings officer
=s judgment. Further amends the Illinois Municipal Code. Provides that the record of the proceedings of the corporate authorities shall be made available for public inspection within seven (now ten) days after being approved or accepted by the corporate authorities. Also amends the Counties Code in the Section concerning annual budgets. P.A. 90-777; effective 1-1-99.
SB 1555 - Public Funds Investment Policy
Amends the Public Funds Investment Act. Requires public agencies to develop and implement an investment policy for public funds within their custody or control. Includes areas the policy must cover to address investment safety, liquidity, and rate of return. Requires that policies be in effect by January 1, 2000. Includes among the investment policy content requirements guidelines regarding collateral requirements, if any, for public funds deposited in a financial institution pursuant to the Public Funds Investment Act and, if applicable, guidelines for custody of that collateral. P.A. 90-688; effective 7-31-98.
SB 1612 - MWRD Local Sewerage System Loan Program
Amends the Metropolitan Water Reclamation District Act. Authorizes the District to create a Local Government Assistance Program for the purpose of making loans to units of local government to finance improvements to local sewerage systems. Authorizes the District to issue bonds to finance the program. Specifies that the assistance bonds are revenue bonds. Deletes provision authorizing the District to pledge revenues. P.A. 90-690; effective 7-31-98.
PUBLIC UTILITIES
SB 1265 - Electric Deregulation Cleanup
Amends the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997 and the Energy Assistance Act of 1989. Provides that each public utility, electric cooperative, and municipal utility that is engaged in the delivery of electricity or the distribution of natural gas within the State must assess each customer account certain monthly energy and technology assistance charges-specifically the Renewable Energy Resources and Coal Technology Development Assistance Charge. Provides that the moneys shall be submitted to the Department of Revenue by the 20th day of the month following the month in which the charges were incurred. Amends the Energy Assistance Act of 1989 to provide that municipal gas utility service must make an affirmative decision to impose this charge and notify the Department of Revenue. Makes other changes. P.A. 90-624; effective 7-10-98.
SB 1853 - Disclosure of Customer Information
Prohibits a public utility from disclosing customer record information to a law enforcement agency unless the written request specifies that the information is necessary for a law enforcement purpose. "Customer record information" includes, but is not limited to, social security numbers, public aid numbers, and employment data. P.A. 90-727; effective 8-7-98.
TAX ADMINISTRATION
HB 2671 - Delinquent Taxpayer Disclosure
Provides that the director of the Department of Revenue may disclose a list of taxpayers who are delinquent in the payment of liabilities collected by Revenue. Requires that at least 90 days before the disclosure a written notice must be sent to the delinquent taxpayer. Specifies that the taxpayer's name may not be disclosed if the taxpayer has corrected the default or entered into an agreement with the Department for the payment of the tax since the notice was received. Provides that the unpaid tax shall not be deemed delinquent if the tax liability is the subject of an administrative hearing, administrative review, or judicial review. P.A. 90-753; effective 1-1-99.
TAXATION - INCOME
HB 2363 - Single-Factor Corporate Income Tax
Changes the method of apportioning corporate income tax from a three-factor formula (double-weighted sales, property, and payroll) to a single-factor sales formula phased in over three years. Increases the $1,000 personal exemption on the individual income tax over a three-year period. P.A. 90-613; effective 7-9-98.
HB 2950 - Corporate Research and Development
Extends the corporate income tax credit for research and development for five years to December 31, 2004 (now, 1999). P.A. 90-605; effective 6-30-98.
HB 3811 - Roth IRA Deduction
Creates a deduction for the individual income tax equal to the amounts included in the taxpayer's federal gross income for amounts converted from a regular IRA to a Roth IRA for tax years beginning on or after Jan. 1, 1998. P.A. 90-770; effective 8-14-98.
TAXATION - PROPERTY
HB 597 - Mortgage Lender Tax Liability
Limits the liability of mortgage lenders for delinquent taxes. P.A. 90-575; effective 3-20-98.
HB 2452 - Tax Certification
In Cook County, for the apportionment of taxes in districts that overlap counties, the certification shall be listed by property class as provided in the certification ordinance, beginning with the 1999 taxable year. P.A. 90-594; effective 6-24-98.
HB 3025 - Homestead Exemption for Rebuilt Structure
In Cook County, specifies certain documents that must accompany an application submitted to the chief county assessment officer for a homestead improvement exemption for a residential structure that has been rebuilt following a catastrophic event. P.A. 90-704; effective 8-7-98.
HB 3081 - Municipal Housing Bonds Exempt from Referendum
Provides that bonds issued under the Municipal Housing Finance Law are not subject to referendum requirements. Sets out certain qualifying conditions for home mortgage loans by municipalities. P.A. 90-706; effective 8-7-98.
HB 3575 - Tax Abatement on Property Leased to CHA
Authorizes an abatement of taxes on property leased to the Chicago Housing Authority, if certain specified procedures and eligibility criteria are met. P.A. 90-767; effective 1-1-99.
SB 515 - Tax Abatement on Affordable Housing for Seniors
Provides that any taxing district, upon a majority vote of its governing authority, may order the county clerk to abate the taxes on property devoted exclusively to affordable housing for older persons. Makes other miscellaneous changes. P.A. 90-568; effective 1-1-99.
SB 1223 - Limiting the Filing of Tax Objections
Provides that the provisions limiting the filing of tax objections do not apply to court proceedings to establish an exemption for any specific assessment year if an exemption has previously been established on that property for similar purposes. P.A. 90-679; effective 7-31-98.
SB 1267 - Circuit Breaker Income Limitation Increase
Increases the income limitation to qualify for the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act (the circuit breaker) from $20,000 to $16,000. P.A. 90-650; effective 7-27-98.
SB 1331 - Merging and Consolidating of Taxing Districts
In the provisions of the tax cap law concerning the merging and consolidating of taxing districts, provides that if the service and corresponding portion of the aggregate extension base transferred to a taxing district are for a service for which the transferee district does not currently levy, then the provisions requiring a referendum to establish a new levy do not apply. P.A. 90-719; effective 8-7-98.
SB 1370 - Tax Relief Participation by Chicago and Chicago School Board
Provides that if Cook County enacts an ordinance designating certain areas
eligible for the special property tax relief given under the Longtime Owner-Occupant Property Tax Relief Act, the city of Chicago and the Chicago school board must participate in the program. P.A. 90-648; effective 7-24-98.
SB 1568 - Residential Property Repair and Maintenance Exemption
Clarifies that the definition of the repair and maintenance exemption for residential property does not include standard repairs. P.A. 90-788; effective 8-14-98.
SB 1612 - Local Sewer Improvement Bonds
Authorizes the Metropolitan Water Reclamation District to issue revenue bonds for the purpose of making loans to local governments to finance improvements to local sewerage systems. P.A. 90-690; effective 7-31-98.
SB 1867 - Tax Rates for Mental Health Funds
Amends the tax cap law to provide that upon written direction of a county or township community mental health board, the county clerk must calculate separate limiting rates for community mental health funds and for the aggregate of the other county or township funds to reduce the funds as may be required by tax caps. P.A. 90-652; effective 7-28-98.
TAXATION - SALES
HB 2910 - Sales Tax Intergovernmental Agreement
Allows a county with a population of 180,000 to 200,000 to enter into an intergovernmental agreement with a home rule municipality in the county to share in the proceeds of the sales taxes generated by each entity. P.A. 90-703; effective 8-7-98.
HB 2950 - Sales Tax Rate of Gasohol
Provides that the sales tax rate applied to gasohol shall be 70% of the proceeds of the sale of gasohol made before July 1, 2003 (now July 1, 1999), and 100% of the proceeds of sales thereafter. Deletes provisions limiting the rate to 85% of proceed from July 1, 1997, to July 1, 1999. Extends the farm machinery and equipment exemption to include implements of husbandry, precision farming equipment, computers and related equipment, and other specified items. P.A. 90-605; effective 6-30-98.
SB 1349 - Pilot Direct-Pay Permit Program
Authorizes the Department of Revenue to implement a pilot direct-pay
permit program to collect state and local use and occupation taxes. DOR may also, in cooperation with Illinois business taxpayers, set standards for participation in the program and selection of voluntary participants. Provides that results are to be reported to the General Assembly on or before Jan. 1, 2001. P.A. 90-682; effective 1-1-99.
SB 1565 - Deadline for Tax Filing
Provides that in addition to the current filing and enforcement time period for state and local sales taxes, beginning April 1, 1998, an ordinance or resolution imposing, discontinuing, or changing a tax may be filed with the Department of Revenue either (1) on or before the first day of April, to be enforced the first day of the following July, or (2) on or before the first day of October, to be enforced on the first day of the following January. P.A. 90-689; effective 7-31-98.
TECHNOLOGY
SB 1674 - Legislative Information Service on Internet
Amends the Legislative Information System Act to provide for public access to specified legislative information through the
World Wide Web without charge except for customized services. Exempts the General Assembly and the State from Liability for the accuracy, availability, and use of the information provided.
Creates the Year 2000 Technology Task Force to assess the current status of year 2000 computer date compliance by State agencies, the General Assembly, the State judiciary, and units of local government. P.A. 90-666; effective 7-30-98.
TRANSPORTATION - TRAFFIC
HB 2179 - Operating Vehicle with Suspended Registration
Amends the Vehicle Code to provide that a second or subsequent offense for operating a vehicle with registration suspended for failure to have insurance is a Class B misdemeanor. The fine is $1,000 to $2,000. A person driving without a permit or license and without insurance must have his or her vehicle impounded until proof insurance is furnished. P.A. 90-559; effective 6-1-98.
HB 2306 - Various DUI Enhancements
Amends the Illinois Vehicle Code's DUI-related provisions. Permits impounding of an arrested intoxicated person's vehicle for up to 12 hours (currently 6 hours). Permits longer impoundment periods for repeat offenders. Increases the reinstatement fee for a person whose license has been suspended or revoked a second or subsequent time for a DUI violation or reckless homicide. Provides that a person may not make application for a license after his or her license has been revoked if the person is convicted of committing a fourth or subsequent violation of any of the following: (1) DUI, (2) reckless homicide, (3) failure to report a death or person injury accident the person was involved in, or (4) driving while a license is suspended or revoked (if the original suspension or revocation was for a DUI violation). Increases the period of statutory summary alcohol or other drug-related suspension for a refusal or failure to complete a test to determine alcohol or drug concentration. Increases the penalty for a person convicted of a third, fourth, or subsequent violation for driving while a license is suspended or revoked if the original revocation or suspension was for committing certain offenses. Amends the Criminal Code to permit seizure and forfeiture of vehicles of person convicted of certain DUI-related offenses. Amends the Unified Code of Corrections. Provides that a person charged with driving a motor vehicle on a revoked or suspended license shall not be eligible for supervision when the revocation or suspension was for DUI, an implied consent violation, failure to report an accident involving death or personal injury, or reckless homicide, if the defendant has within the last 10 years been convicted of or been assigned supervision for driving on a revoked or suspended license. P.A. 90-738; effective 1-1-99.
HB 3292 - Special Permit Size and Weight Loads
Amends the Illinois Vehicle Code. Deletes language providing that more than one object may be carried under a permit for excess size and weight as long as the carriage of the additional object or objects does not cause the size or weight of the vehicle or load to exceed that required for carriage of a single, nondivisible object. In provisions concerning fees for overweight-axle loads and overweight-gross loads, removes the requirement that single trip permits only shall be issued. P.A. 90-676; effective 7-31-98.
SB 772 - Personal Injury Accident Reporting Time
Amends the Vehicle Code to increase the offense of failing to report a personal injury accident from a Class 4 to a probationable Class 2 felony. Shortens to one hour the time within which a person who has left the scene of a personal-injury accident must report the incident to avoid committing a felony. Extends the mandatory license revocation periods for certain vehicular offenses. P.A. 90-543; effective 12-1-97.
SB 955 - Remedial Driving Course/Installment Agreement Requirements
Permits the Secretary of State to require a person under age 18 whose driving privileges have been suspended under specified provisions of the Code to participate in a driver remedial education course and retake the driver examination as a condition of restoration of driving privileges.
Provides that if a person defaults on a payment under an installment agreement regarding a claim arising from an accident, the person's driving privileges and registration shall be restored if he or she enters into a second installment agreement. Makes changes regarding disposition of security deposited by a person after an accident.
Requires an insurance carrier to give 15 (now, 10) days prior written notice to the Secretary of State of the cancellation of a liability insurance policy. P.A. 90-774; effective 8-14-98.
SB 1289 - DUI Includes Intoxicating Compounds
Expands DUI prosecutions to cover instances when driver uses
Aintoxicating compounds.@ P.A. 90-779; effective 1-1-99.
SB 1364 - Golf Carts on Public Roads
Amends the Vehicle Code to permit the Department of Transportation or a unit of local government to authorize the operation of golf carts on roadways under their respective jurisdictions. Specifies minimum equipment standards required before golf carts may be operated on a roadway. Requires headlights and tail lamps to be lit. Provides that persons driving or in actual physical control of golf carts are subject to motor vehicle DUI provisions. P.A. 90-683; effective 1-1-99.
SB 1471 - Second Violation of Mandatory Insurance Law
Prohibits supervision for second violation of mandatory insurance law. Proof insurance must be filed as condition of supervision for first conviction. P.A. 90-784; effective 1-1-99.
SB 1695 - Ignition Interlock Device Requirements
Authorizes the Secretary of State to require the use of an ignition interlock device as a condition to granting driving relief to drivers who have been arrested for a second or subsequent offense of DUI. P.A. 90-611; effective 1-1-99.
SB 1875 - Railroad Crossings and Derailment
Amends the Illinois Vehicle Code. Provides that a public hearing to abolish a crossing is not required if the public highway authority in interest vacates the highway. Provides that in such instance, the rail carrier, following notification to the Illinois Commerce Commission and the highway authority, shall remove any grade crossing warning devices and the grade crossing surface. Requires a vertical clearance of not less than 23 feet to be provided for highway bridges constructed over a railroad track. Provides that a person who causes or attempts to cause the derailment of an engine, cars, or a track vehicle is guilty of a Class 4 felony. P.A. 90-691; effective 1-1-99.