By Jim Covington

Director of Legislative Affairs

These new public acts have or will take effect in the near future.

Military service and university tuition. PA 95-888 allows active-duty personnel and their dependents who resided in Illinois for the three years immediately before their assignment out-of-state to be considered an Illinois resident for in-state college tuition as long as they apply for admission within 18 months of the out-of-state assignment or have been enrolled at the school continuously. These amendments are effective Jan. 1, 2009 for the 2009-2010 academic year.

Elder care. Public Act 95-823 requires long- term care facilities to complete annual “Consumer Choice Information Reports” and make them available to the public, including posting them on the internet and giving them to prospective residents and their families. These reports must include information on ownership, medical care, services, staffing, safety, security, meals, rooms, furnishings, family and volunteer support, visitation and special services and amenities. The Department of Aging, working in collaboration with the Attorney General, has the authority to verify the accuracy of the information. Violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Effective Jan. 1, 2009.

Safe Home Act. Public Act 95-999 prohibits a landlord from telling a prospective landlord that a tenant or a member of the tenant’s household exercised rights under the Safe Home Act unless the information is required by law. The confidentiality or privilege that may exist between a victim of domestic or sexual violence and a third party is not waived by the furnishing of evidence to support a claim of domestic or sexual violence for a tenant or a member of the tenant’s household. The victim or a parent of the victim may waive the prohibition on disclosure by consenting, in writing, to the disclosure. A landlord who discloses this information is liable for up to $2,000 in damages and reasonable attorney’s fees. Effective Oct. 6, 2008.

Inmate settlement. Public Act 95-975 requires that whenever a former inmate receives a settlement, verdict or judgment against the Department of Corrections, or a current or former employee, the Department must, within 14 days, notify the state’s attorney of the county from which the inmate was convicted. The state’s attorney must then, within 14 days, send notice to the victim of the underlying crime along with information that they should contact an attorney to advise them of their legal rights. The requirement is extended to verdicts entered against the county, sheriffs or their employees in a county jail. Effective Jan. 1, 2009.

Identity Theft. Public Act 95-875 allows a person to remove from the county recorder’s website an individual’s social security number, driver’s license number, taxpayer identification number, property identification number, passport number and similar identifying information. All county recorders that publicly display records on an internet website must submit a written policy, including a timeline, to their county boards within twelve months, showing how they intend to comply with this policy. Social security numbers shall not be included or required on any documents to be filed with the county recorder. Tax liens, death certificates and documents prepared before to the enactment of this law are exempt. County recorders are not liable for any unintentional or inadvertent violation of this act. Effective Jan. 1, 2009.

Juveniles in detention. Public Act 95-846 requires alleged juvenile delinquents who have been taken into temporary custody to a detention or shelter-care hearing within the first 40 hours to determine if they should continue to be held. Effective Jan. 1, 2009.