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Government LawyersThe newsletter of the ISBA’s Standing Committee on Government Lawyers

September 2013, vol. 15, no. 1

Legislative summary of the 98th General Assembly

The following is a summary of Public Acts 98-001 through 98-300 that may be of interest to the government bar.

Copies of a Public Act may be found on the Illinois General Assembly’s Web site at: <http://www.ilga.gov/legislation/publicacts/default.asp>.

Administrative rules

Public Act 98-072, effective July 15, 2013. Amends the Environmental Protection Act. Authorizes the Environmental Protection Agency to adopt rules requiring the electronic submission of any information required to be submitted to the Agency pursuant to any State or federal law or regulation or any court or Illinois Pollution Control Board order. Requires that the rules specify, at a minimum, the information to be submitted electronically. 415 ILCS 5/4.

Animals

Public Act 98-101, effective January 1, 2014. Amends the Humane Care for Animals Act. Provides that certain requirements must be met in order for an owner to lawfully tether a dog outdoors. Creates certain exemptions from that requirement. Provides penalties for violations. Defines “tether.” 510 ILCS 70/3.

Attorneys

Public Act 98-067, effective July 15, 2013. Amends the Abused and Neglected Child Reporting Act. Provides that the reporting requirements of the Act shall not apply to the contents of a privileged communication between an attorney and his or her client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to the legal representation of an individual client. 325 ILCS 5/4.

Code of Civil Procedure

Public Act 98-025, effective June 20, 2013. Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that a Section concerning homeowner protection is repealed July 1, 2016. 735 ILCS 5/15-1502.5.

Public Act 98-276, effective January 1, 2014. Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by the amendatory Act apply to actions commenced on or after the effective date if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date. 735 ILCS 5/13-202.2.

Counties

Public Act 98-005, effective March 22, 2013. Amends the Counties Code. Establishes a $1 per document recording fee for certain filers for any document that affects an interest in real property other than documents which solely affect or relate to an easement for water, sewer, electricity, gas, telephone, or other public service. Provides that $0.50 of the $1 fee shall be deposited into the Recorder’s Automation Fund and may not be appropriated or expended for any other purpose. Provides that the additional amounts available to the recorder for expenditure from the Recorder’s Automation Fund shall not offset or reduce any other county appropriations or funding for the office of the recorder. 55 ILCS 5/3-5018, 4-12002.

Public Act 98-023, effective June 17, 2013. Amends the Hydraulic Fracturing Regulatory Act by providing that the Illinois Department of Natural Resources shall forward the necessary information to each Chief County Assessment Officer for the administration and application of ad valorem real property taxes at the county level related to oil and gas purchases.

Public Act 98-099, effective July 19, 2013. Amends the Counties Code. Provides that a county recorder may establish a fraud referral and review process for investigating filings that would cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. 55 ILCS 5/3-5010.5.

Public Act 98-126, effective August 2, 2013. Amends the Counties Code. Adds a Division addressing local government reduction and efficiency. Provides the General Assembly’s findings and purpose regarding units of local government and possible inefficiencies. Provides that in certain counties (population of more than 900,000, and less than 3,000,000 that are contiguous to a county with a population of more than 3,000,000), the county board may enact an ordinance proposing the dissolution of a unit of local government and, upon the effective date of that ordinance, the chairman of the county board shall issue an audit of the unit. Provides that following the return of this audit report, the county board may adopt an ordinance to dissolve the unit. Provides for a court-appointed trustee-in-dissolution that shall create and implement a plan for consolidation and dissolution of the unit of local government and exercise powers including, but not limited to, the powers and duties of the board of the dissolved unit of government, levying and rebating taxes, and entering into intergovernmental agreements to combine and transfer the functions of the dissolved unit. Further provides for any outstanding indebtedness of the unit, abatement of any tax levied by the unit, and pending litigation involving the unit. 55 ILCS 5/5-44005, 5-44010, 5-44015, 5-44020, 5-44025, 5-44030,5-44035, 5-44040, 5-44045, 5-44050, 5-44055.

Public Act 98-134, effective August 2, 2013. Amends the Counties Code and the Illinois Municipal Code. Requires a charitable organization seeking an exemption from the prohibition on charitable solicitation to also provide the county or municipality, as applicable, with a list of 3 alternate solicitation locations. Provides that if the county or municipality determines that the applicant’s location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past accident history, then the county or municipality may deny the application for that location and must approve one of the 3 alternate locations following the order of preference submitted by the applicant on the alternate location list. 55 ILCS 5/5-1182.

Public Act 98-138, effective August 2, 2013. Amends the Counties Code. In a Section concerning the expedited removal of certain buildings that are a continuing hazard to the community in which they are located, repeals the requirement for a building to be residential and 2 stories or less in height. 55 ILCS 5/5-1121.

Public Act 98-196, effective August 9, 2013. Amends the Counties Code. Adds a new Section regarding the powers of the joint regional planning commission. Provides that any real property sold or conveyed by the commission must be appraised by a licensed and certified appraiser, and the appraisal shall be available for public inspection. Sets forth the contract requirements concerning the purchase of real property by the commission. Further provides that these provisions apply only to a joint regional planning commission if it consists of 3 or fewer counties that border the Illinois River, where at least one of those counties has a population of 180,000 or more. 55 ILCS 5/5-14008.

Public Act 98-197, effective August 9, 2013. Amends the Counties Code. Provides that for every new wireless telecommunications facility in Lake County requiring a new tower structure, a telecommunications carrier shall provide the county with documentation consisting of the proposed location, a site plan, and an elevation that sufficiently describes a proposed wireless facility location. Sets forth procedures concerning the review of the proposal, meetings to propose alternative site locations, and the selection of any alternative locations. Sets forth exceptions to the approval process. 55 ILCS 5/5-12001.2.

Public Act 98-199, effective January 1, 2014. Amends the Counties Code. Provides that the county board of a county that has more than 8,400 but less than 9,000 inhabitants, according to the 2010 federal decennial census, may use emergency ambulance service funds to provide 9-1-1 service, but only if the question of using those funds for that purpose has been submitted to the electors of the county not residing within the territory of the fire protection district that levies a tax for ambulance service and if that question is approved by a majority of those electors voting on the question. 55 ILCS 5/5-1028.

Public Act 98-205, effective August 9, 2013. Amends the Counties Code. Provides that the notice required for a text or map amendment shall not include a metes and bounds legal description of the property affected, provided that the notice includes the common street address or addresses and property index number (“PIN”) of all the parcels of real property contained in the affected area. 55 ILCS 5/5-12014.

Public Act 98-216, effective August 9, 2013. Amends the Public Construction Bond Act. Requires surety bonds on public construction projects by any political subdivision of the State costing over $50,000 (now, over $5,000). Makes surety bond requirements for any political subdivision of the State the same as those for the State. 30 ILCS 550/1.

Public Act 98-217, effective August 9, 2013. Amends the Counties Code. Provides that in a county that maintains a countywide map through a Geographic Information System (GIS), a charge may be added to specified filing fees in order to defray the cost of providing automated access, in addition to electronic access, to the county’s GIS or property records (now, records). 55 ILCS 5/3-5018.

Public Act 98-244, effective August 9, 2013. Amends the Illinois Highway Code. Extends the time counties have to obligate funds allocated to them under the Illinois Highway Code from 24 months to 48 months. 605 ILCS 5/6-906.

Public Act 98-250, effective August 9, 2013. Amends the Counties Code. Provides that if an arrest warrant upon complaint or a warrant of arrest due to failure to appear originated from a law enforcement agency other than the county sheriff’s office, then the county sheriff of a county with a population of more than 600,000 may require that law enforcement agency to store and maintain the warrant, enter the warrant into the Illinois Law Enforcement Agencies Data System and the National Crime Information Center Database, and arrange for transportation of the wanted person to the county jail. Further provides that the originating agencies may contract with the county sheriff or another law enforcement agency to store, maintain and provide transportation of the wanted person to the county jail, and that any law enforcement agency or regional dispatch center may act as holder of the warrant for an originating agency that has no telecommunications equipment. 55 ILCS 5/3-6019.

Public Act 98-258, effective August 9, 2013. Amends the Public Building Commission Act. Provides that the Public Building Commission may rent its buildings and facilities to “not for profit corporations” and “non-profit organizations or associations.” Provides definitions for these terms. 50 ILCS 20/14.

Public Act 98-263, effective January 1, 2014. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Crimes Against Police Officers Advisory within the Department of State Police. Provides that the purpose of the Crimes Against Police Officers Advisory is to provide a regional system for the rapid dissemination of information regarding a suspect who is suspected of committing or attempting to commit the following crimes against a peace officer: (1) first degree murder; (2) second degree murder; (3) involuntary manslaughter; (4) reckless homicide; or (5) concealment of homicidal death. Provides that law enforcement agencies participating in the advisory may request assistance when: (A) the agency believes that a suspect has not been apprehended; (B) the agency believes that the suspect may be a serious threat to the public; and (C) sufficient information is available to disseminate to the public that could assist in locating the suspect. Provides that the Department of State Police shall reserve the authority to determine if dissemination of the information will pose a significant risk to the public or jeopardize the investigation. Provides that the Department of State Police may partner with media and may request a media broadcast concerning details of the suspect in order to obtain the public’s assistance in locating the suspect or vehicle used in the offense, or both. 20 ILCS 2605/2605-595.

Public Act 98-277, effective August 9, 2013. Amends the Property Tax Code. In a Section concerning scavenger sales, requires certain county collectors to publish notice of the intended application for judgment and sale of all properties upon which all or a part of the general taxes for each of 3 or more years (instead of 2 or more years) are delinquent. 35 ILCS 200/21-145.

Public Act 98-294, effective August 9, 2013. Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides an exemption from the requirements of fingerprint vendors to any member of local law enforcement in the performance of his or her duties. Provides that local law enforcement agencies may charge a reasonable fee related to the cost of offering fingerprinting services. 225 ILCS 447/31-5.

Criminal law

Public Act 98-058, effective July 8, 2013. Creates the Gang Crime Witness Protection Act of 2013. Provides that the Illinois Criminal Justice Information Authority shall establish and administer a program to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of gang crime, and appropriate related persons. Financial assistance may be provided, upon application by a State’s Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State’s Attorney or Attorney General, investigating or prosecuting a gang crime occurring under the State’s Attorney’s or Attorney General’s respective jurisdiction, from funds deposited in the Gang Crime Witness Protection Program Fund and appropriated from that Fund for the purposes of the Act.

Public Act 98-059, effective January 1, 2014. Amends the School Code. In a Section concerning a principal’s duties (in a school district other than the Chicago school district), provides that it shall be the responsibility of the principal to utilize resources of proper law enforcement agencies when the safety and welfare of students and teachers are threatened by illegal use or possession of weapons or by illegal gang activity. Specifically includes illegal gang activity as a criminal offense for which courts and law enforcement agencies must report to the principal of a public school whenever a child enrolled therein is detained. 105 ILCS 5/10-21.4a, 22-20.

Public Act 98-061, effective January 1, 2014. Amends the Juvenile Court Act of 1987. Changes the definition of “delinquent minor” to include a person who was under 18 (rather than 17) years of age when he or she committed an offense classified as a felony. Also changes the age concerning confidentiality of juvenile records. Provides that the restrictions apply to persons taken into custody before their 18th (rather than 17th) birthday. Makes corresponding change in the expungement provisions of the Act. Provides that the amendatory changes are prospective. Makes other conforming changes reflecting increasing the age at which a minor may be prosecuted under the Act rather than under the criminal laws from under 17 to under 18 years of age. 705 ILCS 405/1-7, 1-8, 1-9, 2-10, 3-12, 4-9, 5-105, 5-120, 5-130, 5-401.5, 5-410, 5-901, 5-905, 5-915.

Public Act 98-063, effective July 9, 2013. Creates the Firearm Concealed Carry Act.

Public Act 98-088, effective July 15, 2013. Amends the Sexually Dangerous Persons Act. Provides that the examination to determine whether a person is sexually dangerous shall be conducted by 2 qualified evaluators (rather than 2 qualified psychiatrists). Defines “qualified evaluator” and “examination.” Provides that “criminal propensities to the commission of sex offenses” means that it is substantially probable that the person subject to the commitment proceeding will engage in the commission of sex offenses in the future if not confined. Provides that the cost of representation by counsel for an indigent respondent shall be paid by the county in which the proceeding is brought. Provides that the socio-psychiatric report shall be prepared by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act (rather than by a social worker and psychologist under the supervision of a licensed psychiatrist assigned to the institution where the applicant is confined). Provides that if a person has previously filed an application in writing showing that the sexually dangerous person or criminal sexual psychopathic person has recovered and the court determined at a hearing or following a jury trial that the applicant is still a sexually dangerous person, or if the application is withdrawn, no additional application may be filed for 2 years (rather than one year) after a finding that the person is still sexually dangerous or after the application is withdrawn, except if the application is accompanied by a statement from the treatment provider that the applicant has made exceptional progress and the application contains facts upon which a court could find that the condition of the person had so changed that a hearing is warranted. 725 ILCS 205/4, 4.01 4.02, 4.04, 4.05, 5, 9.

Public Act 98-098, effective January 1, 2014. Amends the Criminal Code of 2012. Provides that unlawful clouding of title is a Class A misdemeanor for a first offense if the cloud on the title has a value that does not exceed $10,000. Provides that unlawful clouding of title is a Class 4 felony if the cloud on the title has a value that exceeds $10,000, or for a second or subsequent offense. 720 ILCS 5/32-13.

Public Act 98-122, effective January 1, 2014. Creates the Compassionate Use of Medical Cannabis Pilot Program Act.

Public Act 98-133, effective January 1, 2014. Provides for the entry of a certificate of innocence and an expungement order in qualifying circumstances. 20 ILCS 2630/5; 730 ILCS 5/5-5-4; 735 ILCS 5/2-702.

Public Act 98-142, effective January 1, 2014. Amends the Criminal Identification Act. Allows a person to petition the court and the court to order the sealing of certain, specified felony conviction records. 20 ILCS 2630/5.2.

Public Act 98-143, effective January 1, 2014. Amends the Code of Criminal Procedure of 1963. Provides that if a person was arrested for first degree murder or other violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court, after the arrest of the person, shall determine the citizenship of the person and if the person arrested is not a citizen of the United States of America, order the confiscation of the person’s passport or impose travel restrictions on the person if the court determines this will reasonably assure the appearance and compliance of the defendant with the conditions of release. 725 ILCS 5/109-1.

Public Act 98-152, effective January 1, 2014. Amends the Veterans and Servicemembers Court Treatment Act and the Mental Health Court Treatment Act. Provides that a defendant is eligible for a Veterans and Servicemembers Court program or a mental health court program only if the defendant is eligible for probation based on the nature of the crime convicted of and in consideration of his or her criminal background, if any. Provides that a defendant is ineligible for these programs if: (1) the crime for which the defendant has been convicted is non-probationable; or (2) the sentence imposed on the defendant, whether the result of a plea or a finding of guilt, renders the defendant ineligible for probation. 730 ILCS 167/20; 730 ILCS 168/20.

Public Act 98-160, effective January 1, 2014. Amends the Code of Criminal Procedure of 1963. Adds child abduction involving luring of a child to the list of offenses for which evidence of the prior commission of that offense or other listed offense may be introduced in the trial or retrial of the accused for a listed offense to prove a propensity of the accused. 725 ILCS 5/115-7.3.

Public Act 98-161, effective January 1, 2014. Amends the Unified Code of Corrections. Amends the definition of “imprisonment” to include electronic home detention served by an offender after the offender has been committed to the custody of the sheriff to serve the sentence and the sheriff has placed the offender in an electronic home detention program. Provides that when an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentence, the sheriff may place the offender in an electronic home detention program for service of that minimum term of imprisonment unless the offender was convicted of an excluded offense as defined in the Electronic Home Detention Law or the court’s sentencing order specifies that the minimum term of imprisonment shall be served in a county correctional facility. 730 ILCS 5/5-1-10, 5-8A-8.

Public Act 98-163, effective August 5, 2013. Amends the Criminal Identification Act. Provides that prior to the hearing on the objection to the expungement or sealing of criminal records, the State’s Attorney shall consult with the Department of State Police as to the appropriateness of the relief sought in the petition to expunge or seal. Provides that the Department of State Police shall send written notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, within 60 days of service of the order resolving the motion, if that order requires the Department to expunge or seal records. In the event of an appeal from the circuit court order, the Department shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within 60 days of the issuance of the court’s mandate. Provides that the notice is not required while any motion to vacate, modify, or reconsider, or any appeal or petition for discretionary appellate review, is pending. Provides that upon request of a State’s Attorney or the Attorney General, the Department of State Police shall provide within 90 days a list of all orders to expunge or seal with which the Department has not yet complied. Provides that this list shall include the date of the order, the name of the petitioner, the case number, and a detailed statement of the basis for non-compliance. 20 ILCS 2630/5.2, 14.

Public Act 98-164, effective January 1, 2014. Amends the Criminal Identification Act, the Criminal Code of 2012, the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Creates Second Chance Probation. Provides that whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, a qualifying felony offense under the laws of this State, the laws of any other state, or the laws of the United States, the court, with the consent of the defendant and the State’s Attorney, may, without entering a judgment, sentence the defendant to probation. Establishes the terms and conditions of the probation. Provides that upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. 20 ILCS 2630/5.2; 720 ILCS 5/11-14; 720 ILCS 550/10; 720 ILCS 570/410; 720 ILCS 646/70; 730 ILCS 5/5-6-3.4.

Public Act 98-187, effective January 1, 2014. Amends the Criminal Code of 2012. Provides that domestic battery is a Class 4 felony if the defendant has one or 2 prior convictions under the Code for domestic battery. Provides that domestic battery is a Class 3 felony if the defendant had 3 prior convictions under the Code for domestic battery. Provides that domestic battery is a Class 2 felony if the defendant had 4 or more prior convictions under the Code for domestic battery. 720 ILCS 5/12-3.2.

Public Act 98-208, effective August 9, 2013. Amends the Methamphetamine Precursor Tracking Act. Defines “qualified outside entity” to include in addition to a law enforcement agency or prosecutor’s office with authority to identify, investigate, or prosecute violations of the Act or any other State or federal law or rule involving a methamphetamine precursor, methamphetamine, or any other controlled substance: (1) any probation and court services department authorized by the Probation and Probation Officers Act; (2) the Department of Corrections; (3) the Department of Juvenile Justice; (4) the U.S. Probation and Pretrial Services System; and (5) the U.S. Parole Commission. 720 ILCS 649/10.

Public Act 98-265, effective January 1, 2014. Amends the Criminal Code of 2012. Makes it unlawful for a child sex offender to knowingly be present in a playground or recreation area within any publicly accessible privately owned building (rather than a publicly accessible privately owned building with playground or recreation facilities). 720 ILCS 5/11-9.3.

Public Act 980-267, effective January 1, 2014. Amends the Unified Code of Corrections. Provides that written notification of any release of any person who has been convicted of a felony shall be provided electronically to the appropriate State’s Attorney, sheriff, law enforcement agency, or public housing agency if the State’s Attorney, sheriff, proper law enforcement agency, or public housing agency has provided the Department with an accurate and current email address. 730 ILCS 5/3-14-1.

Public Act 98-268, effective January 1, 2014. Amends the Criminal Code of 2012. Provides that parties to an electronic communication intercepted contrary to the Eavesdropping Article of the Code are entitled to the civil remedies prescribed in that Article. Provides no civil claim, cause of action, or remedy shall lie against a parent, step-parent, guardian, or grandparent for eavesdropping of electronic communications through access to their minor’s electronic accounts during that parent, step-parent, guardian, or grandparent’s exercise of his or her parental rights to supervise, monitor, and control the activities of a minor in his or her care, custody, or control. Provides this provision does not diminish the protections given to electronic accounts of a minor under any existing law other than this Article. 720 ILCS5/14-6.

Public Act 98-285, effective January 1, 2014. Amends the Illinois Vehicle Code. Raises the penalty for a violation of the restriction on driving while a license is suspended or revoked if the violation results in an accident that causes bodily injury to a Class 4 felony for a second or subsequent violation of this Section. Provides that personal injury includes any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor’s office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. 625 ILCS 5/6-303.

Public Act 98-293, effective January 1, 2014. Amends the Criminal Code of 2012. Provides that a prosecution for the offense of unauthorized video recording may be commenced within one year after the discovery of the offense by the victim of that offense. 720 ILCS 5/3-6.

Elections

Public Act 98-051, effective January 1, 2014. Amends the Election Code. Provides that a person who is 17 years old on the date of a primary may vote at the primary if that person is otherwise qualified and will be 18 years old on the date of the following general election. Provides that a person 17 years old as described by the bill is deemed competent to execute and attest to voter registration forms. 10 ILCS 5/3-6.

Public Act 98-115, effective July 29, 2013, some parts effective October 1, 2013. Amends the Election Code. Requires each election authority to conduct early voting at a high traffic location on the campus of a public university (now, this is required only for the 2012 general election). Provides that certain registration materials must contain the applicant’s e-mail address. Provides for the establishment of a county board of election commissioners in certain counties. Contains provisions concerning existing municipal boards of election commissioners in those counties. Provides that 2 or more nomination petitions filed within the last hour of the filing deadline shall be deemed to have been filed simultaneously. Makes changes to the contribution requirements for an organization to be considered a candidate political committee, a political action committee, or a ballot initiative committee. Makes changes concerning self-funding a contribution limits. Amends the Counties Code. Provides that qualifications for the office of sheriff do not apply to candidates for that office. Amends the Illinois Municipal Code, the Revised Cities and Villages Act of 1941, and the Fox Waterway Agency Act. Makes changes concerning petitions. Amends the School Code. In a single county region with a population of greater than 750,000 inhabitants, but less than 1,200,000 inhabitants, allows 2 regional board of school trustees to be residents of the same congressional township if and only if such trustees were elected at the April 9, 2013 consolidated election. Provides that the provision requiring any vacancy on the regional board of school trustees to be filled from the same territory by the remaining members until the next regular election for members is subject to specified residency provisions. Makes changes concerning nomination petitions for school board members. 10 ILCS 5/1-1 et seq.

Public Act 98-152, effective January 1, 2014. Amends the Veterans and Servicemembers Court Treatment Act and the Mental Health Court Treatment Act. Provides that a defendant is eligible for a Veterans and Servicemembers Court program or a mental health court program only if the defendant is eligible for probation based on the nature of the crime convicted of and in consideration of his or her criminal background, if any. Provides that a defendant is ineligible for these programs if: (1) the crime for which the defendant has been convicted is non-probationable; or (2) the sentence imposed on the defendant, whether the result of a plea or a finding of guilt, renders the defendant ineligible for probation. 730 ILCS 167/20; 730 ILCS 168/20.

Environmental

Public Act 98-022, effective June 17, 2013. Creates the Illinois Hydraulic Fracturing Regulatory Act.

Public Act 98-023, effective June 17, 2013. Amends the Hydraulic Fracturing Regulatory Act by providing that the Illinois Department of Natural Resources shall forward the necessary information to each Chief County Assessment Officer for the administration and application of ad valorem real property taxes at the county level.

Public Act 98-072, effective July 15, 2013. Amends the Environmental Protection Act. Authorizes the Environmental Protection Agency to adopt rules requiring the electronic submission of any information required to be submitted to the Agency pursuant to any State or federal law or regulation or any court or Illinois Pollution Control Board order. Requires that the rules specify, at a minimum, the information to be submitted electronically. 415 ILCS 5/4.

Public Act 98-237, effective January 1, 2014. Amends the Environmental Protection Act. Requires the Environmental Protection Agency to maintain certain permit-related information on its website. 415 ILCS 5/7.6.

Public Act 98-284, effective August 9, 2013. Amends the Environmental Protection Act. Deletes a provision which provides that if a complete application for a permit renewal is submitted to the Environmental Protection Agency at least 90 days prior to expiration of the permit, then all of the terms and conditions of the permit shall remain in effect until final administrative action has been taken on the application. Provides that, if, before the expiration of a State operating permit that contains federally enforceable conditions limiting the potential to emit of the source to a level below the major source threshold for that source so as to exclude the source from the Clean Air Act Permit Program, the Agency receives a complete application for the renewal of that permit, then all of the terms and conditions of the permit shall remain in effect until final administrative action has been taken on the application for the renewal of the permit. 415 ILCS 5/9.1, 39.

Public Act 98-296, effective January 1, 2014. Amends the Environmental Protection Act. Provides that, before issuing a beneficial use determination for the beneficial use of asphalt shingles, the Environmental Protection Agency shall conduct an evaluation of the applicant’s prior experience in asphalt shingle recycling operations. Authorizes the Agency to deny a beneficial use determination based on the applicant’s violation of federal, state, or local law only if those violations are related to the operation of an asphalt shingle recycling operation facility or site. 415 ILCS 5/22.54.

Environmental Barriers Act

Public Act 98-224, effective January 1, 2014. Amends the Environmental Barriers Act. Provides that beginning on the effective date of the amendatory Act, the Capital Development Board shall begin the process of updating the 1997 Illinois Accessibility Code and shall model the updates on the 2010 ADA Standards for Accessible Design. Provides that by no later than January 1, 2016, the Capital Development Board shall adopt and publish the updated Illinois Accessibility Code and that the updated Illinois Accessibility Code may be more stringent than the 2010 ADA Standards for Accessible Design and may identify specific standards. Provides that beginning on January 1, 2016, if the ADA Standards for Accessible Design are updated, then the Capital Development Board shall update its accessibility standards, in keeping with the ADA Standards for Accessible Design, within 2 years after the ADA Standards for Accessible Design updates and shall adopt and publish an updated Illinois Accessibility Code. 410 ILCS 25/4.

Freedom of Information Act

Public Act 98-049, effective July 1, 2013. Amends the Freedom of Information Act. Exempts from disclosure confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act. Includes an exception from disclosure records and information provided to an at-risk adult fatality review team or the Illinois At-Risk Adult Fatality Review Team Advisory Council. 5 ILCS 140/7.5.

Public Act 98-063, effective July 9, 2013. Amends the Freedom of Information Act. Exempts from disclosure the names and information of persons who have applied for or received a concealed carry license and certain records under the Firearm Concealed Carry Act. 5 ILCS 140/7.5.

Gaming

Public Act 98-018, effective June 7, 2013. Amends the Illinois Horse Racing Act of 1975. Authorizes advance deposit wagering until January 31, 2014. 230 ILCS 5/26 et al.

Public Act 98-077, effective July 15, 2013. Amends the Video Gaming Act. Provides that the location restrictions for licensed establishments, licensed truck stop establishments, licensed fraternal establishments, and licensed veterans establishments under the Act do not apply if a school or place of worship moves to or is established within the restricted area after a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment obtains its original liquor license. 230 ILCS 40/25.

Insurance

Public Act 98-189, effective January 1, 2014. Amends the Illinois Insurance Code, the State Employees 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, and the Voluntary Health Services Plans Act to provide that a company that issues, delivers, amends, or renews a policy of accident and health insurance shall accommodate a reasonable request by a person covered by a policy issued by the company to receive communications of claim-related information from the company by alternative means or at alternative locations if the person clearly states that disclosure of all or part of the information could endanger the person. Provides that if a child is covered by a policy issued by a company, then the child’s parent or guardian may make a request to the company pursuant to the provision concerning alternative means of communication. 5 ILCS 3756.11; 55 ILCS 5/5-1069.3; 65 ILCS 5/10-4-2.3; 105 ILCS 5/10-22.3f; 215 ILCS 5/355b; 215 ILCS 125/5-3; 215 ILCS 130/4003; 215 ILCS 165/10.

Public Act 98-202, effective January 1, 2014. Amends the Illinois Insurance Code. Provides that the board of directors of the Illinois Insurance Guaranty Fund shall consist of not less than 5 nor more than 10 persons, with one public member appointed by the Director of Insurance. Provides that the public member shall be a resident of this State, and he or she shall either: (1) be a licensed and certified public accountant under the laws of this State; or (2) have earned, and maintain in good standing, the Chartered Property and Casualty Underwriter (CPCU) designation from the American Institute for Chartered Property Casualty Underwriters. 215 ILCS 5/536.

Labor

Public Act 98-173, effective January 1, 2014. Amends the Prevailing Wage Act. Deletes language requiring copies of determinations concerning the prevailing rate of wages to be filed with the Secretary of State. 820 ILCS 130/9.

Licenses

Public Act 98-211, effective January 1, 2014. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Department of Financial and Professional Regulation shall provide a license or certificate (was a copy of the license or certificate) that is printed without including the address (was home address) of the licensee or certificate holder on the face of the license. 20 ILCS 2105/2105-45.

Public Act 98-243, effective January 1, 2014. Amends the Medical Patient Rights Act. Provides that a health care facility that provides treatment or care to a patient in this State (rather than a health care facility licensed in this State) shall require each employee of or volunteer for the facility, including a student, who examines or treats a patient or resident of the facility to wear an identification badge that readily discloses the first name, licensure status, if any, and staff position of the person examining or treating the patient or resident. 410 ILCS 50/6.

Liquor

Public Act 98-145, effective January 1, 2014. Amends the Liquor Control Act of 1934. Provides that a winery licensed to sell alcoholic liquor in this State may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premise consumption. 235 ILCS 5/6-33.

Public Act 98-201, effective August 9, 2013. Amends the Liquor Control Act of 1934. Provides that the limits on delivery and sale of alcoholic liquors to fundraising events and to a maximum of 6 events per year in buildings owned by fire protection districts do not apply to a specific building owned by the Oswego Fire Protection District. 235 ILCS 5/6-15.

Medical

Public Act 98-122, effective January 1, 2014. Creates the Compassionate Use of Medical Cannabis Pilot Program Act.

Public Act 98-184, effective August 5, 2013. Amends the Pertussis Vaccine Act. Provides that parents or guardians of a newborn child in a neonatal intensive care unit shall be informed about the importance of parents, guardians, and immediate family members being immunized against pertussis to minimize the chances that the disease will be communicated to the newborn child and shall also be informed about where they may obtain the appropriate vaccine. 410 ILCS 235/4.

Public Act 98-186, effective August 5, 2013. Amends the Illinois Optometric Practice Act of 1987. Prohibits the dispensing of contact lenses by anyone other than a licensed optometrist, licensed pharmacist, or a physician licensed to practice medicine in all of its branches. Provides that for the purposes of the Act, “contact lenses” include, but are not limited to, contact lenses with prescriptive power and decorative and plano power contact lenses. Provides that for the dispensing of contact lenses, “direct supervision” means that the optometrist is responsible for training the person assisting the optometrist in the dispensing or sale of contact lenses, but does not mean that the optometrist must be present in the facility where he or she practices under a license or ancillary registration at the time the contacts are dispensed or sold. 225 ILCS 80/3, 9.

Motor Vehicles and Driver’s Licenses

Public Act 98-080, effective July 15, 2013. Amends the Illinois Vehicle Code. Provides that tow vehicles may be equipped with and operate yellow and white oscillating, rotating, or flashing lights in combination. 625 ILCS 5/12-215.

Public Act 98-103, effective January 1, 2014. Amends the Illinois Vehicle Code. Authorizes the Secretary of State to suspend a person’s driver’s license for operating a watercraft under the influence of alcohol or other intoxicating compounds. Amends the Boat Registration and Safety Act. Provides that any person operating a watercraft in this State that is involved in a boating accident shall be deemed to have given consent to the chemical testing of their blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds. Provides that if the operator refuses testing, or submits to testing and the testing indicates a blood alcohol content of 0.08 or the presence of other drugs or intoxicating compounds, that person can have their driver’s license suspended under the statutory suspension procedures of the Illinois Vehicle Code. 625 ILCS 5/6-206; 625 ILCS 45/5-16c.

Public Act 98-167, effective July 1, 2014. Amends the Illinois Vehicle Code to provide that persons between the age of 18 and 21 years of age shall not be issued or allowed to renew a driver’s license without successfully completing an adult driver education course. Provides that the Secretary of State shall establish by administrative rule the curriculum of adult driver education courses and designate the instruction materials to be used in these courses. Provides that the Secretary shall certify course providers according to requirements the Secretary establishes by administrative rule. 625 ILCS 5/6-103,6-107.5.

Public Act 98-168, effective January 1, 2014. Amends the Illinois Vehicle Code. Provides the Act may be cited as “Kelsey’s Law.” Prohibits the issuance of a graduated driver’s license to a person under 18 if the person has a traffic citation for which a disposition has not been rendered. Allows the Secretary of State to cancel a minor’s driver’s license if the Secretary determines that at the time of license issuance, the minor held an instruction permit and had a traffic citation for which a disposition had not been rendered. Allows prosecutors to request the court to invalidate any driver’s license if the driver is convicted of a violation of the Illinois Vehicle Code or similar local ordinance, the violation of which was the proximate cause of the death or Type A injury of another. 625 ILCS 5/6-107, 6-108,6-301.3.

Public Act 98-169, effective January 1, 2014. Amends the Unified Code of Corrections. Provides that the Act may be cited as “Patricia’s Law.” Prohibits supervision disposition in cases where the defendant’s violation of the Illinois Vehicle Code or similar local ordinance was the proximate cause of the death of another person, if the defendant’s driving abstract contains a prior conviction or supervision for a moving violation or a suspension, revocation, or cancellation of his or her license. 730 ILCS 5/5-6-1.

Public Act 98-178, effective January 1, 2014. Amends the Illinois Vehicle Code. Allows the Secretary of State to cancel the driver’s license of a nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released from the requirement of showing proof of financial responsibility. Limits the Secretary of State’s authority to deny renewal upon notification that a driver has an unpaid fine in another state to only those states that are members of the Nonresident Violator Compact of 1977. Allows the Secretary of State to suspend the registration, plates, and registration sticker of a judgment debtor’s motor vehicle if that vehicle was involved in the crash leading to the judgment as indicated by the authenticated crash report. Allows the Secretary of State to transfer the balance of a security posted with the Secretary to the State Treasury. 625 ILCS 5/6-201, 6-306.6, 7-214, 7-303, 7-316.1.

Public Act 98-223, effective August 9, 2013. Amends the Illinois Vehicle Code. Allows surviving spouses of retired members of the General Assembly with retired member of the General Assembly plates to retain those plates for as long as they remain residents of Illinois and transfer the registration to their name within 90 days of the retired member’s death. 625 ILCS 5/3-606.1.

Public Act 98-292, effective January 1, 2014. Amends the Illinois Vehicle Code. Makes persons subject to blood tests for refusal to submit to a breath test or suspicion of the ingestion, consumption, or use of drugs liable for the cost of employing a medical professional to perform the test up to a maximum of $500 if the person is: (1) found guilty of violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance; or (2) pleads guilty to or stipulates to facts supporting a violation of Section 11-503 of the Illinois Vehicle Code or a similar local ordinance when the person was originally charged with violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance. Allows reimbursement even if the person does not consent to the blood draw. 625 ILCS 5/11-501.01.

Municipalities

Public Act 98-010, effective May 6, 2013. Amends the Liquor Control Act of 1934. Provides that a license may be granted in a city or village with a population of 55,000 or less (previously 50,000 or less) to any alderman, member of a city council, president of a village, or member of a village board of trustees in relation to premises that are located within the territory subject to the jurisdiction of that official if certain requirements are met. 235 ILCS 5/4-2, 6-2.

Public Act 98-128, effective August 2, 2013. Amends the Illinois Municipal Code. Provides that a Section prohibiting certain officers and employees of a municipality from having an interest in certain contracts applies only to an officer or employee who is a member of the board of an investor-owned public service corporation. Provides that a Section prohibiting certain officers and employees of a municipality from requesting, accepting, or receiving services or employment from certain public utility owners applies only to an officer or employee who is a member of an investor-owned public service corporation. In a Section prohibiting a mayor or commissioner from being an official of any public service corporation at the time he or she assumes office, defines “official of a public service corporation” to mean a member of the board of an investor-owned public service corporation. 65 ILCS 5/4-8-6, 4-8-6a, 4-8-7.

Public Act 98-134, effective August 2, 2013. Amends the Counties Code and the Illinois Municipal Code. Requires the charitable organization seeking an exemption from the prohibition on charitable solicitation to also provide the county or municipality, as applicable, with a list of 3 alternate solicitation locations. Provides that if the county or municipality determines that the applicant’s location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past accident history, then the county or municipality may deny the application for that location and must approve one of the 3 alternate locations following the order of preference submitted by the applicant on the alternate location list. 65 ILCS 5/11-80-9.

Public Act 98-153, effective January 1, 2014. Amends the Illinois Vehicle Code. Preempts home rule powers with respect to window tints. 625 ILCS 5/12-503.

Public Act 98-191, effective January 1, 2014. Amends the Public Utilities Act. Provides that for water or sewer utilities with greater than 15,000 total customers, the following notice requirements are applicable: (1) an initial notice in the first bill sent to all customers potentially affected by the proposed change after the filing of the proposed change shall include specified information; (2) a second notice to all customers shall be included on the first bill after the Commission suspends the tariffs initiating the rate case; and (3) final notice of such change shall be sent to all customers potentially affected by the proposed change by including specified information with the first bill after the effective date of the rates approved by the Final Order of the Commission in a rate case. 220 ILCS 5/9-201.

Public Act 98-193, effective August 6, 2013. Amends the Illinois Municipal Code. Permits a municipality to enter into an intergovernmental agreement with a local health district that serves the entire municipality to regulate and inspect retail food establishments for the municipality. 65 ILCS 5/11-20-16.

Public Act 98-198, effective August 9, 2013. Creates the Lincoln Promise Zone Act. Allows the city councils of Rockford, Aurora, and East St. Louis to each create a promise zone. Provides that the promise zone shall raise funds from private sources at least sufficient to provide each eligible student who resides within the promise zone and who graduates from a public high school located within that promise zone with the tuition necessary to obtain an associate degree or its equivalent at the local community college during the 2015-2016 and 2016-1017 academic years.

Public Act 98-204, effective August 9, 2013. Amends the Illinois Municipal Code. Provides that a municipality may prohibit any electric generating wind device from locating within its corporate limits. Further provides that this shall apply only to devices permitted after the effective date of the amendatory Act. 65 ILCS 5/11-42-15.

Public Act 98-216, effective August 9, 2013. Amends the Public Construction Bond Act. Requires surety bonds on public construction projects by any political subdivision of the State costing over $50,000 (now, over $5,000). Makes surety bond requirements for any political subdivision of the State the same as those for the State. 30 ILCS 550/1.

Public Act 98-231, effective August 9, 2013. Amends the Illinois Municipal Code. Permits persons who have participated in that municipality’s police explorer or cadet program to be preferred, for a maximum of 2 points, for appointments to offices, positions, and places of employment in municipal police departments under the provisions of this Division. 65 ILCS 5/10-2.1-8.

Public Act 98-258, effective August 9, 2013. Amends the Public Building Commission Act. Provides that the Public Building Commission may rent its buildings and facilities to “not for profit corporations” and “non-profit organizations or associations.” Provides definitions for these terms. 50 ILCS 20/14.

Public Act 98-263, effective January 1, 2014. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Crimes Against Police Officers Advisory within the Department of State Police. Provides that the purpose of the Crimes Against Police Officers Advisory is to provide a regional system for the rapid dissemination of information regarding a suspect who is suspected of committing or attempting to commit the following crimes against a peace officer: (1) first degree murder; (2) second degree murder; (3) involuntary manslaughter; (4) reckless homicide; or (5) concealment of homicidal death. Provides that law enforcement agencies participating in the advisory may request assistance when: (A) the agency believes that a suspect has not been apprehended; (B) the agency believes that the suspect may be a serious threat to the public; and (C) sufficient information is available to disseminate to the public that could assist in locating the suspect. Provides that the Department of State Police shall reserve the authority to determine if dissemination of the information will pose a significant risk to the public or jeopardize the investigation. Provides that the Department of State Police may partner with media and may request a media broadcast concerning details of the suspect in order to obtain the public’s assistance in locating the suspect or vehicle used in the offense, or both. 20 ILCS 2605/2605-595.

Public Act 98-287, effective August 1, 2013. Amends the Affordable Housing Planning and Appeal Act. Changes “for-sale units” to “owner-occupied units.” Provides that beginning on the effective date of this amendatory Act (rather than beginning October 1, 2004), the Illinois Housing Development Authority shall publish a list of exempt and non-exempt local governments and the data that it used to calculate its determination at least once every 5 years (rather than shall publish on an annual basis a list of exempt and non-exempt local governments and the data that it used to calculate its determination). Provides that in the case of local governments that are determined by the Illinois Housing Development Authority to be non-exempt for the first time based on the recalculation of U.S. Census Bureau data (rather than decennial census data) after the effective date of this amendatory Act (rather than after 2010), no developer may appeal to the State Housing Appeals Board until 60 months after a local government has been notified of its non-exempt status. Provides that beginning on the effective date of this amendatory Act (rather than beginning January 1, 2009), the Board shall, whenever possible, render a decision on the appeal within 120 days after the appeal is filed. Provides that the Board may extend the time by which it will render a decision where circumstances outside the Board’s control make it infeasible for the Board to render a decision within 120 days. In a provision concerning appeals to the appellate court of a final ruling by the State Housing Appeals Board, provides that the appellate court shall apply the “clearly erroneous” standard when reviewing such appeals; and that such appeals shall be filed within 35 days after the Board’s decision and in all respects shall be in accordance with a specified provision under the Code of Civil Procedure. In a provision concerning members of the Housing Appeals Board, provides that after a member’s term expires, the member shall continue to serve until a successor is appointed; and that there shall be no limit to the number of terms an appointee may serve. 310 ILCS 67/15, 20, 25, 30, 50.

Public Act 98-289, effective January 1, 2014. Amends the Electronic Commerce Security Act. Provides that in the course of exercising any permitting, licensing, or other regulatory function, a municipality may accept, but shall not require, documents with an electronic signature, including, but not limited to, the technical submissions of a design professional with an electronic signature. Amends the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, and the Illinois Professional Land Surveyor Act of 1989. In provisions concerning seals, provides that licensees may provide, at their sole discretion, an original signature in the licensee’s handwriting, a scanned copy of the document bearing an original signature, or a signature generated by a computer. Removes prohibition on signatures generated by computer. Further amends the Illinois Professional Land Surveyor Act of 1989. Provides that it is unlawful to affix one’s seal to documents if it masks the true identity of the person who actually exercised direction, control, and supervision of the preparation of that work. 5 ILCS 175/5-120; 225 ILCS 305/14, 15.

Public Act 98-294, effective August 9, 2013. Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides an exemption from the requirements of fingerprint vendors to any member of local law enforcement in the performance of his or her duties. Provides that local law enforcement agencies may charge a reasonable fee related to the cost of offering fingerprinting services. 225 ILCS 447/31-5.

Public Act 98-297, effective January 1, 2014. Amends the Public Funds Investment Act. Provides that any “governmental unit” (now, municipalities and counties only) may invest its public funds in interest bearing bonds of any county, township, city, village, incorporated town, municipal corporation, or school district, of the State of Illinois, of any other state, or of any political subdivision or agency of the State of Illinois or of any other state. Amends the Municipal Code to provide that municipalities are authorized to invest the funds and public moneys in the custody of the municipal treasurer in accordance with the Public Funds Investment Act. 30 ILCS 235/1, 2; 65 ILCS 5/3.1-35-50.

Open Meetings Act

Public Act 98-049, effective July 1, 2013. Amends the Open Meetings Act to authorize the closing of meetings or portions of meetings of an at-risk adult fatality review team or the Illinois At-Risk Adult Fatality Review Team Advisory Council, during which a review of the death of an eligible adult in which abuse or neglect is suspected, alleged, or substantiated under Section 15 of the Adult Protective Services Act occurs. 5 ILCS 120/2.

Public Act 98-063, effective July 9, 2013. Amends the Open Meetings Act to authorize the closing of meetings and deliberations of the Concealed Carry Licensing Review Board. 5 ILCS 120/2.

Pensions

Public Act 98-218, effective August 9, 2013. Amends the Illinois Municipal Retirement Fund Article of the Illinois Pension Code. Provides that the Board shall determine the amortization period to be used in calculating the amount to be contributed by participating municipalities and participating instrumentalities in order to adjust for changes in the Fund’s unfunded accrued liabilities. Specifies that the amortization period shall not exceed 30 years for participating municipalities or 10 years for participating instrumentalities. Allows participating employees to withdraw additional contributions only to the extent permitted by the federal Internal Revenue Code of 1986. Requires the Board to meet at least quarterly (rather than monthly). 40 ILCS 5/7-135, 7-146, 7-172, 7-173, 7-177; 30 ILCS 805/8.37.

Public Act 98-235, effective August 9, 2013. Amends the State Comptroller Act. Requires each State agency to implement, by July 1, 2014, a secure website to provide its employees with electronic access to payroll earnings statements. Requires each retirement system to implement, by July 1, 2014, a secure website to provide its annuitants with electronic access to annuity earnings statements. Provides that if a State agency or retirement system is unable to establish a secure website before July 1, 2014, then it must submit documentation to the Illinois Comptroller’s Office stating the reasons it is unable to comply with that requirement by that date, together with a schedule for implementing a secure website. Provides that if an employee or annuitant wants to continue receiving a paper version of an earnings statement or if the State agency or retirement system is granted a compliance extension, then the applicable State agency or retirement system shall be responsible for producing and distributing a paper version of the earnings statement. Provides that, beginning with State fiscal year 2015, the Illinois Comptroller’s Office shall discontinue printing paper versions of these earnings statements. Defines “retirement system” and “State agency.” 15 ILCS 405/9.03a.

Records

Public Act 98-061, effective January 1, 2014. Amends the Juvenile Court Act of 1987. Changes the definition of “delinquent minor” to include a person who was under 18 (rather than 17) years of age when he or she committed an offense classified as a felony. Also changes the age concerning confidentiality of juvenile records. Provides that the restrictions apply to persons taken into custody before their 18th (rather than 17th) birthday. Makes corresponding change in the expungement provisions of the Act. Provides that the amendatory changes are prospective. Makes other conforming changes reflecting increasing the age at which a minor may be prosecuted under the Act rather than under the criminal laws from under 17 to under 18 years of age. 705 ILCS 405/1-7, 1-8, 1-9, 2-10, 3-12, 4-9, 5-105, 5-120, 5-130, 5-401.5, 5-410, 5-901, 5-905, 5-915.

Public Act 98-170, effective August 5, 2013. Amends the Secretary of State Act. Provides that a request for an apostille or a certification shall be submitted on the form prescribed by the Secretary of State and must be accompanied by the lawful fee for the apostille or certification. Establishes grounds for which the Secretary of State may refuse to issue an apostille or a certification. Provides that an individual may not remove an apostille, certification, any part of the apostille or certification, or the “great seal of the State of Illinois” from any document to which the Secretary of State has affixed it. Provides this act or any attempt to do so shall render the apostille or certification invalid. Amends the Criminal Code of 2012. Provides that a person commits tampering with a certification by a public official when he or she knowingly, without lawful authority, and with the intent to defraud any individual, entity, public officer, or governmental unit, uses a certification or part of a certification by a public official, including but not limited to an apostille, the “great seal of the State of Illinois”, and other certification, in connection with any document he or she knows or reasonably should know is not the original document for which the public official originally issued the certification. Provides that a violation is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. 15 ILCS 305/5.20; 720 ILCS 5/32-8.1.

School Districts

Public Act 98-026, effective June 21, 2013. Amends the School Code. Extends the time period during which a school district other than the Chicago school district may transfer moneys from specified funds for any purpose from June 30, 2013 to June 30, 2016. Further provides that through June 30, 2016 (instead of June 30, 2013), surplus life safety taxes and interest earnings thereon may be transferred to the Operations and Maintenance Fund for building repair work if a public hearing has been held, notwithstanding other provisions. 105 ILCS 5/17-2.11, 17-2A.

Public Act 98-059, effective January 1, 2014. Amends the School Code. In a Section concerning a principal’s duties (in a school district other than the Chicago school district), provides that it shall be the responsibility of the principal to utilize resources of proper law enforcement agencies when the safety and welfare of students and teachers are threatened by illegal use or possession of weapons or by illegal gang activity. Specifically includes illegal gang activity as a criminal offense for which courts and law enforcement agencies must report to the principal of a public school whenever a child enrolled therein is detained. 105 ILCS 5/10-21.4a, 22-20.

Public Act 98-166, effective August 5, 2013. Amends the School Code. Provides that a public school district maintaining grades kindergarten through 8 may (instead of the school board of any school district may, in its discretion) provide medical or hospital service or both through accident and health insurance or through non-profit hospital service corporations or medical service plan corporations or both for pupils of the district in grades kindergarten through 8 (instead of for all pupils of the district) injured while participating in an athletic activity. Provides that a public school district maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with specified benefit limits, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the Illinois High School Association that results in medical expenses in excess of $50,000. 105 ILCS 5/22-15.

Public Act 98-190, effective August 6, 2013. Amends the Critical Health Problems and Comprehensive Health Education Act. Requires a school board to adopt a policy that: (1) states that teen dating violence is unacceptable and is prohibited and that each student has the right to a safe learning environment; (2) incorporates age-appropriate education about teen dating violence into new or existing training programs for students in grades 7 through 12 and school employees; (3) establishes procedures for the manner in which employees of a school are to respond to incidents of teen dating violence that take place at the school, on school grounds, at school-sponsored activities, or in vehicles used for school-provided transportation; (4) identifies by job title the school officials who are responsible for receiving reports related to teen dating violence; and (5) notifies students and parents of the teen dating violence policy adopted by the board. Provides that the Comprehensive Health Education Program may include instruction on teen dating violence in grades 7 (instead of 8) through 12. 105 ILCS 110/3, 3.10.

Public Act 98-219, effective August 9, 2013. Amends the Children with Disabilities Article of the School Code. Replaces provisions that specify when special education services shall be provided or the child must be placed in the appropriate program with provisions that require that special education and related services shall be provided in accordance with the student’s IEP no later than 10 school attendance days after notice is provided to the parents pursuant to specified provisions of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. 105 ILCS 5/14-6.01, 14-8.02.

Public act 98-236, effective August 9, 2013. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, in conjunction with the Illinois State Board of Education, shall develop educational material on streptococcal infection for distribution in elementary and secondary schools. Sets forth processes and guidelines to be included in the educational material. 20 ILCS 2310-665.

Special Districts

Public Act 98-246, effective August 9, 2013. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that the full-time webmaster must compile and update the ITAP database with information received from library districts. Provides for a searchable database of both current employees and employees hired on or after the effective date of this amendatory Act, sorted separately by employing unit of government, employment position title, and current pay rate and year-to-date pay. 20 ILCS 405/405-335; 75 ILCS 16/1-55.

Public Act 98-269, effective January 1, 2014. Amends the Public Community College Act. In a provision that requires contracts to be awarded to the lowest responsible bidder, adds an exception for contracts for the purchase of perishable foods and perishable beverages. 110 ILCS 805/3-27.1.

Public Act 98-278, effective August 9, 2013. Amends the Park District Code. Permits the governing body to approve a supplemental appropriation ordinance, but only with respect to additional revenue that becomes available to the Park District or is estimated to be received by the Park District subsequent to the adoption of the annual appropriation ordinance for that fiscal year. Provides that publication, notice, and hearing requirements are not applicable to the supplemental ordinance and the budget document forming the basis of that ordinance. 70 ILCS 1205/4-4.

Public Act 98-279, effective August 9, 2013. Amends the Fire Protection District Act. Provides that the fire chief of any fire protection district may fix, charge, and collect fees associated with the fire department extinguishing an open burning that is prohibited due to atmospheric or other conditions. The fee may be imposed against any person causing or engaging in the prohibited activity. The total amount collected to compensate the fire protection district shall be assessed in accordance with both the rates provided in another Section of the Act and the fire chief’s determination of the cost of personnel and equipment utilized to extinguish the fire. 70 ILCS 705/8.20.

Public Act 98-281, effective August 9, 2013. Amends the Cook County Forest Preserve District Act. Provides that any forest preserve district shall have the power to acquire land, in fee simple or by easement, for the following purposes: to create a forest preserve, for the consolidation of forest preserve units, to connect forest preserve units, to preserve and manage the water resources of the forest preserve district along water courses, and to provide for the extension of roads and parking for forest preserves. Further provides that any forest preserve district shall have the power to acquire land by easement as it shall deem necessary or desirable for public use of forest preserves. Provides that property owned by a forest preserve district and property in which a forest preserve district is the grantee of a conservation easement or the grantee of a conservation right shall not be subject to eminent domain or condemnation proceedings. 70 ILCS 810/7, 8, 8.1.

Public Act 98-297, effective January 1, 2014. Amends the Public Funds Investment Act. Provides that any “governmental unit” (now, municipalities and counties only) may invest its public funds in interest bearing bonds of any county, township, city, village, incorporated town, municipal corporation, or school district, of the State of Illinois, of any other state, or of any political subdivision or agency of the State of Illinois or of any other state. 30 ILCS 235/1, 2; 65 ILCS 5/3.1-35-50.

State Budget

Public Act 98-024, effective June 19, 2013. Creates the FY2014 Budget Implementation Act. Amends various Acts to make changes in State programs that are necessary to implement the Governor’s FY2014 budget recommendations.

Public Act 98-228, effective August 9, 2013. Amends the State Finance Act. Provides that, on October 1, 2013 and by October 1 of each fiscal year thereafter, each State agency shall report the aggregate dollar amount of any bills held at the State agency on the previous June 30 to the Office of the State Comptroller. Requires the State Comptroller to post those amounts on his or her website. 30 ILCS 105/9.08.

Public Act 98-240, effective August 9, 2013. Requires the Comptroller to post certain financial reports on its website (rather than delivering them to the legislative leaders and the chairpersons of the appropriation committees). Authorizes the Comptroller to publish interim financial reports, rather than a comprehensive annual financial report, under certain circumstances. 15 ILCS 405/19, 19.5.

Public Act 98-270, effective August 9, 2013. Amends the State Finance Act. Provides that the State Comptroller shall order transferred and the State Treasurer shall transfer from certain funds moneys in certain amounts for deposit into the Audit Expense Fund. 30 ILCS 105/6z-27.

State Employees

Public Act 98-019, effective June 10, 2013. Amends the State Employees Group Insurance Act of 1971. Requires the Department of Central Management Services, in consultation with the Chief Procurement Officer, to contract or make otherwise available a program of group health benefits for Medicare-primary members and their Medicare-primary dependents. Provides that, beginning July 1, 2013, the Director of Central Management Services shall establish a program of financial incentives to encourage annuitants with 20 or more years of creditable service but who are not eligible for benefits under the federal Medicare health insurance program to elect not to participate in the program of health benefits provided under the Act. 5 ILCS 375/5, 8; 30 ILCS 500/25-205.

Public Act 98-083, effective July 15, 2013. Amends the State Employee Indemnification Act. Provides that the term “employee” includes an individual or organization which contracts with the Department of Juvenile Justice to provide services. 5 ILCS 350/1.

Public Act 98-100, effective July 19, 2013. Amends the Illinois Public Labor Relations Act. Includes in the definition of the term “public employee” any person who is employed by a public employer and is classified as or holds the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, or Plant Operating Engineer. Also includes in the definition of the term “public employee” persons holding certain positions in specific State agencies. Prevents these classes of employees from being designated by the Governor as excluded from collective bargaining. 5 ILCS 315/3.

Public Act 98-175, effective August 5, 2013. Amends the Secretary of State Merit Employment Code. Provides that an employee of the Secretary of State that is elected to public office may acquire a leave of absence from their employment to serve that elected office, but that this leave of absence shall only last 5 years or until that person leaves office, whichever is shorter. Provides that the Secretary of State has discretion on whether or not to reinstate the person to their former position. Provides that these changes apply retroactively to any employees currently on a leave of absence, except that employees whose leave of absence has already exceeded 5 years may be reinstated provided they file a notice to return to active service within 30 days of being sent notice by the Secretary of State of the changes to this Section. 15 ILCS 310/12.

Public Act 98-235, effective August 9, 2013. Amends the State Comptroller Act. Requires each State agency to implement, by July 1, 2014, a secure website to provide its employees with electronic access to payroll earnings statements. Requires each retirement system to implement, by July 1, 2014, a secure website to provide its annuitants with electronic access to annuity earnings statements. Provides that if a State agency or retirement system is unable to establish a secure website before July 1, 2014, then it must submit documentation to the Illinois Comptroller’s Office stating the reasons it is unable to comply with that requirement by that date, together with a schedule for implementing a secure website. Provides that if an employee or annuitant wants to continue receiving a paper version of an earnings statement or if the State agency or retirement system is granted a compliance extension, then the applicable State agency or retirement system shall be responsible for producing and distributing a paper version of the earnings statement. Provides that, beginning with State fiscal year 2015, the Illinois Comptroller’s Office shall discontinue printing paper versions of these earnings statements. Defines “retirement system” and “State agency.” 15 ILCS 405/9.03a.

Public Act 98-263, effective January 1, 2014. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Crimes Against Police Officers Advisory within the Department of State Police. Provides that the purpose of the Crimes Against Police Officers Advisory is to provide a regional system for the rapid dissemination of information regarding a suspect who is suspected of committing or attempting to commit the following crimes against a peace officer: (1) first degree murder; (2) second degree murder; (3) involuntary manslaughter; (4) reckless homicide; or (5) concealment of homicidal death. Provides that law enforcement agencies participating in the advisory may request assistance when: (A) the agency believes that a suspect has not been apprehended; (B) the agency believes that the suspect may be a serious threat to the public; and (C) sufficient information is available to disseminate to the public that could assist in locating the suspect. Provides that the Department of State Police shall reserve the authority to determine if dissemination of the information will pose a significant risk to the public or jeopardize the investigation. Provides that the Department of State Police may partner with media and may request a media broadcast concerning details of the suspect in order to obtain the public’s assistance in locating the suspect or vehicle used in the offense, or both. 20 ILCS 2605/2605-595.

Public Act 98-291, effective January 1, 2014. Amends the Workers’ Compensation Act and the Workers’ Occupational Diseases Act in connection with firefighters, emergency medical technicians, and paramedics. Provides that, with respect to health conditions resulting from bloodborne pathogens, lung or respiratory diseases, and certain other diseases, a rebuttable presumption that those impairments arise out of employment does not apply to emergency medical technicians and paramedics who are employed by a private employer and who spend the preponderance of their time engaged in medical transports. 820 ILCS 305/6; 820 ILCS 310/1.

Public Act 98-295, effective August 9, 2013. Creates the Open Access to Research Articles Act. Provides that by January 1, 2014, each public university shall establish an Open Access to Research Task Force. Provides that each task force shall be comprised of voting members and non-voting members and that the voting members shall include (rather than each task force shall include), without limitation, members representing the university’s library, members representing faculty, including, where applicable, a labor organization that represents faculty at the public university, and members representing university administration. Provides that the non-voting members shall include, without limitation, a member representing publishers who publish scholarly journals. Provides that, notwithstanding any provisions of the Open Meetings Act and subject to feasibility, members of the task force and interested parties may participate by phone or video conference. Provides that the required report must be approved by a majority of the appointed task force voting members (rather than task force members). Provides that a task force shall also issue minority reports at the request of any member, including a non-voting member.

State Matters

Public Act 98-179, effective August 5, 2013. Amends the Secretary of State Act. Provides that the Secretary of State may enter into agreements with public or private entities or individuals to lease parking spaces at State-owned Secretary of State facilities. Provides that the funds collected from such leases shall be deposited in the State Parking Facility Maintenance Fund, to be used for the maintenance and repair of parking lots at State-owned Secretary of State facilities. 15 ILCS 305/12.

Public Act 98-234, effective January 1, 2014. Amends the Flag Display Act. Requires the Governor to issue an official notice to fly flags at half-staff upon the death of a resident Emergency Medical Services (EMS) crew member who is killed in the line of duty. Requires the Department of Public Health to notify the Governor of the death in the line of duty of a resident EMS crew member. 5 ILCS 465/10.

Public Act 98-272, effective August 9, 2013. Amends the State Comptroller Act. Authorizes the Comptroller to collect a processing charge of up to $15 for offsets processed without the assistance of a third-party vendor and a processing charge of up to $20 per transaction for offsets processed with the assistance of a third-party vendor (now, the Comptroller may collect a processing charge of up to $15, regardless of the type of transaction). Authorizes a third-party vendor to be selected by the Comptroller, pursuant to lawful procurement practices, in order to provide enhanced identification services to the State. Defines “third-party vendor”. 15 ILCS 405/10.05d.

Public Act 98-283, effective January 1, 2014. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that the Department of Central Management Services shall distribute a spreadsheet or otherwise make data entry available to each State agency to facilitate the collection of data on the State’s annual workforce characteristics, workforce compensation, and employee mobility. Provides that the Department shall determine the data to be collected by each State agency. Provides that the Department shall publish the data received from each State agency on the Illinois Transparency and Accountability Portal or another open data site annually. 20 ILCS 405/405-335.

Taxes

Public Act 98-007, effective April 23, 2013. Amends the Property Tax Code. Provides that, for taxable year 2012, the maximum reduction under the Senior Citizens Homestead Exemption is $5,000 in counties with 3,000,000 or more inhabitants and $4,000 in all other counties. Provides that, for taxable years 2013 and thereafter, the maximum reduction under the Senior Citizens Homestead Exemption is $5,000 in all counties. Provides that, for taxable years 2012 and thereafter, the maximum reduction under the General Homestead Exemption is $7,000 in counties with 3,000,000 or more inhabitants and $6,000 in all other counties. 35 ILCS 200/15-170, 15-175.

Public Act 98-093, effective July 16, 2013. Amends the Property Tax Code. Allows the chief county assessment officer in Cook County to record a tax lien against property that was granted one or more erroneous homestead exemptions. Contains provisions concerning notice, hearings, and penalties. 35 ILCS 200/9-275, 20-15.

Public Act 98-206, effective January 1, 2014. Amends the Property Tax Code. Provides that all property owned by the Executive Board of the Mutual Aid Box Alarm System that is used for the public purpose of disaster preparedness and response is exempt from the taxes imposed by the Code. 35 ILCS 200/15-60.

Public Act 98-273, effective August 9, 2013. Amends the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995. Makes changes to the definition of cigarette to restore the definition that applied prior to July 1, 2012. Imposes a tax on the sale of little cigars at the same rate as the tax imposed under the Cigarette Tax Act. Requires those little cigars to be stamped in the same manner as cigarettes. Contains provisions concerning stamping distributors and the possession of unstamped cigarettes. Provides that proceeds of tax on little cigars shall be distributed in the same manner as the tax imposed under the Cigarette Tax Act. 35 ILCS 130/1 et seq.

Public Act 98-286, effective January 1, 2014. Amends the Property Tax Code. Provides that, if the taxpayer is notified on or before October 1 of any year that he or she owes an arrearage of taxes due to an administrative error, then the county collector may send a separate bill for the arrearages of taxes, which may be due no sooner than 30 days after the due date for the next installment of taxes. 35 ILCS 200/14-41, 21-15, 21-20, 21-25. ■


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