Legislative summary of the 99th General Assembly

The following is a summary of Public Acts 99-496 through 99-699 which may be of interest to the government bar. Copies of a Public Act may be found on the Illinois General Assembly’s website at:

<http://www.ilga.gov/legislation/publicacts/default.asp>.

Administrative Law

Public Act 99-501, effective March 18, 2016

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to provide that public libraries may receive grants from the Heartsaver AED Fund to assist in the purchase of an Automated External Defibrillator. 20 ILCS 2310/2310-371.5.

Public Act 99-516, effective June 30, 2016

Amends the Illinois Administrative Procedure Act to permit the Department of Healthcare and Family Services to adopt emergency rules to implement the provisions of the amendatory Act. Amends the State Finance Act. Provides that for State fiscal years 2017 and 2018, disbursements from the Healthcare Provider Relief Fund shall be made for certain payments to the designated human poison control center. Amends the Illinois Public Aid Code. Makes the following changes to the Hospital Provider Funding Article: In a provision concerning certain annual assessments on inpatient services, provides that effective July 1, 2016 and semi-annually thereafter through June 2018, in addition to any federally required State share, the amount of $218.38 shall be increased by a uniform percentage to generate an amount equal to 75% of the ACA Assessment Adjustment. In a provision concerning certain annual assessments on outpatient services, provides that effective July 1, 2016 and semi-annually thereafter through June 2018, in addition to any federally required State share, the amount of .008766 shall be increased by a uniform percentage to generate an amount equal to 25% of the ACA Assessment Adjustment. Defines “ACA Assessment Adjustment.” Requires the Department to complete and apply a final reconciliation of the ACA Assessment Adjustment prior to June 30, 2018. Provides that, for State fiscal years 2017 and 2018, disbursements from the Hospital Provider Fund shall be made for making transfers to the Healthcare Provider Relief Fund of moneys collected from the ACA Assessment Adjustment. Provides that effective January 1, 2016, the Department shall increase capitation payments to managed care organizations to include the payments authorized under the Code to preserve access to hospital services for Medicaid recipients by ensuring that the reimbursement provided for Affordable Care Act adults enrolled in a MCO is equivalent to the reimbursement provided for Affordable Care Act adults enrolled in a fee-for-service program. Provides that such payments may be guaranteed by a surety bond obtained by the managed care organization in an amount established by the Department to approximate one month’s liability of authorized payments. Makes changes to provisions concerning hospital access payments for Affordable Care Act adults who are enrolled under a fee-for-service or capitated managed care program. Contains a provision requiring the Department to make a specified payment to the designated human poison control center for State fiscal year 2017 and State fiscal year 2018. Amends the Lead Poisoning Prevention Act. Shortens the time period under which hospitals located in DuPage County shall make quarterly installments to the human poison control center in existence as of July 1, 2014 and established under the authority of the Act. 5 ILCS 100/5-45; 30 ILCS 105/6z-81; 305 ILCS 5A-2, 5A-8, 5A-12.2, 5A-12.5; 5/12-4.105; 410 ILCS 45/15.1.

Public Act 99-519, effective June 30, 2016

Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Adds conditions to the definition for “debilitating medical condition.” Provides that the Department of Public Health shall determine by emergency rule (instead of by rule) what constitutes a “reasonable amount” for the purposes of determining whether an offense is an excluded offense. Defines “excluded offense” for cultivation center agents and dispensing organizations. Defines “excluded offense” for qualifying patients and designated caregivers. Removes a provision from the definition for “written certification” requiring a physician to state that a patient is likely to receive a therapeutic or palliative benefit from the medical use of cannabis. Establishes procedures for the addition of debilitating medical conditions by petition. Requires the Department of Public Health to convene a Medical Cannabis Advisory Board. Contains provisions concerning the Advisory Board’s duties and procedures. Provides that on the effective date of the amendatory Act, the terms of office of the members of the Advisory Board serving on that date shall terminate and the Advisory Board shall be reconstituted. Requires the Advisory Board to issue an annual report of its activities each year. Adds provisions concerning qualifying patients under the age of 18. Provides that an individual who submits an application as someone who is terminally ill shall have all fees and fingerprinting requirements waived. Provides that upon issuance of a registry card, the Department of Public Health shall forward the registered qualifying patient’s identification card information to the Prescription Monitoring Program for purposes of making a specified notation on a person’s prescription record. Provides that in the event a person no longer holds a valid registry card, the Department of Public Health shall notify the Prescription Monitoring Program and Department of Human Services to remove the notation. Requires the Department of Human Services and Prescription Monitoring Program to create a system by which such information may be shared electronically. Provides that all applicants for a registry card shall be fingerprinted as part of the application process if they are a first-time applicant, if their registry card has already expired, or if they previously have had their registry card revoked or otherwise denied. Provides that at renewal, cardholders whose registry cards have not yet expired, been revoked, or otherwise denied shall not be subject to fingerprinting. Makes corresponding changes in a provision concerning notification to the Department of Public Health. Provides that registry cards shall expire after 3 years (rather than one year) after the date of issuance. Provides that the Act is repealed on July 1, 2020 (rather than 4 years after the effective date of the Act). Makes other changes. 410 ILCS 130/5, 10, 15, 35, 45, 60, 70, 75, 220.

Public Act 99-527, effective January 1, 2017

Amends the Civil Administrative Code of Illinois (Department of Public Health Powers and Duties Law) to repeal a Section concerning the Center for Comprehensive Health Planning. Amends the Illinois Health Facilities Planning Act. Provides that the Department of Public Health shall provide operational support to the Health Facilities and Services Review Board, as necessary, and that the Board may contract for functions or operational support as needed; provides that no later than 90 days after a discontinuation of a health facility or a discontinuation of a category of service, the applicant for a certificate of exemption must submit a statement to the State Board certifying that the discontinuation is complete; provides that if a public hearing concerning change of ownership or discontinuation of a health facility or a category of service is held, all interested persons attending the hearing shall be given a reasonable opportunity to present their positions in writing or orally; removes language concerning certificates of recognition; and modifies language referencing facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013 for purposes of denial of a permit on the basis of prior operator history. 20 ILCS 5/5-565; 20 ILCS 3960/2, 3, 4, 8.5, 10, 12, 12.2, 12.3, 14.1, 19.5.

Public Act 99-551, effective July 15, 2016

Amends the Illinois Health Facilities Planning Act to provide that, in addition to other notice requirements, upon a finding that an application to close a health care facility is complete, the health care facility shall provide notice of closure to the local media that the health care facility would routinely notify about facility events. Provides that if a public hearing is requested, it shall be held in the affected area or community. 20 ILCS 3960/8.5.

Agriculture Law

Public Act 99-653, effective January 1, 2017

Amends the Local Food, Farms, and Jobs Act. Removes provisions giving the Local Food, Farms, and Jobs Council responsibility to develop, in collaboration with the Department of Agriculture, a label and certification program. Makes changes to the membership of the Council. 30 ILCS 595/20, 25.

Public Act 99-539, effective July 8, 2016.

Amends the Illinois Noxious Weed Law to provide that if a Control Authority fails to carry out its duties and responsibilities under the Act or fails to follow the Department’s rules, the Director shall enforce this Act or rules by sending a Notice of Noncompliance to the Control Authority. 505 ILCS 100/2, 4, 14.

Air Transportation

Public Act 99-605, effective January 1, 2017

Amends the Illinois Aeronautics Act. Provides registration of an airman with the Division of Aeronautics of the Department of Transportation shall be one-time with a fee of $20 payable at registration. 620 ILCS 5/42.

Animals

Public Act 99-658, effective July 28, 2016

Amends the Animal Control Act. Provides that a veterinarian immunizing a dog, cat, or ferret against rabies shall provide the Administrator of the county in which the dog, cat, or ferret resides with a certificate of immunization. Provides that the owner, or if the owner is unavailable, an agent or caretaker of an animal documented to have bitten a person shall present the animal to a licensed veterinarian within 24 hours. Provides that at the end of the confinement period, the animal shall be examined by a licensed veterinarian, inoculated against rabies, if eligible, and microchipped, if the dog or cat has not been already, at the expense of the owner. Provides that when the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator or his or her authorized representative receives information that a person has been bitten by an animal and evidence is presented that the animal at the time the bite occurred was inoculated against rabies within the time prescribed by law, the animal may be confined in a house, or in a manner which will prohibit the animal from biting a person, if the Administrator, Deputy Administrator, or his or her authorized representative determines the confinement satisfactory. Provides that when a person has been bitten by a search and rescue dog that is currently vaccinated against rabies, the search and rescue dog may continue to perform its duties for the handler or owner or agency and any period of observation of the dog may be under the supervision of its handler or owner. Provides that a person who conceals the whereabouts, euthanizes, sells, gives away, or otherwise disposes of any animal known to have bitten a person, until it is examined and released from confinement is guilty of a Class A misdemeanor for a first violation. A second or subsequent violation is a Class 4 felony. Makes other changes. 510 ILCS 5/8, 13.

Appropriations

Public Act 99-502, effective April 25, 2016

Makes appropriations to: universities for specified purposes; the Illinois Community College Board for grants to community colleges; the Illinois Mathematics and Science Academy for ordinary and contingent expenses; and the Illinois Student Assistance Commission for grant awards to students eligible for the Monetary Award Program and agency administrative and operational costs. Provides that the appropriation authority is valid only for costs incurred before September 1, 2016.

Public Act 99-524, effective June 30, 2016.

Makes appropriations to various State agencies for Fiscal Years 2016 and 2017.

Banks and Financial Institutions

Public Act 99-549, effective July 15, 2016.

Amends the Financial Institutions Code to create a Supervisor of Consumer Credit and a Supervisor of Title Insurance. Removes the Supervisor of Consumer Finance Business and the Supervisor of Sales Finance Agencies. Amends the Currency Exchange Act. Removes language requiring a licensee to file an annual report at the same time the licensee pays his or her annual license fees. 20 ILCS 1205/16; 205 ILCS 405/14.

Public Act 99-614, effective July 22, 2016

Amends the Illinois Credit Union Act. Provides that amendments to the articles of incorporation of a credit union may be made with the approval of a majority (rather than two-thirds) of the members or at least two-thirds of the directors. Requires that a report of any amendments to the articles of incorporation adopted by the board of directors be made to the members at the next annual meeting. Removes a credit manager as a vacancy that can be filled by the board of directors through appointment. Provides that the credit committee, board of directors, or chief management official (rather than just the credit committee) may appoint a credit manager. Provides that if no credit committee has been appointed, the board of directors or chief management official (rather than just the board of directors) shall appoint a credit manager. Provides that a prepayment penalty does not include a waived, bona fide third-party charge that the credit union imposes if the consumer prepays all of the transaction’s principal sooner than 36 months after consummation of a closed-end credit transaction, a waived, bona fide third-party charge that the credit union imposes if the consumer terminates an open-end credit plan sooner than 36 months after account opening, or a yield maintenance fee imposed on a business transaction. Allows 2 or more credit unions that are merging to elect to request a network credit union designation for the surviving credit union. Sets forth provisions for network credit unions. Provides that approval of a certificate of merger by the Secretary of Financial and Professional Regulation constitutes an amendment to the legal name of the surviving credit union. Provides that merging credit unions may be identified by other descriptive references that ensure the members understand they are dealing with one credit union rather than multiple credit unions. Corrects references to a business loan transaction and economies of scale. 205 ILCS 305/4, 22, 33, 46, 52, 64.7.

Bonds

Public Act 99-673, effective January 1, 2017

Amends the Public Construction Bond Act. Provides that verified notice shall be deemed filed on the date personal service occurs or the date when the verified notice is mailed in the form and manner provided. 30 ILCS 550/2.

Business Organizations

Public Act 99-608, effective July 22, 2016

Amends the Business Corporation Act of 1983 and the General Not For Profit Corporation Act of 1986. Requires the president, vice-president, secretary, assistant secretary, treasurer, or other officer duly authorized by a corporation’s board of directors to execute and verify (rather than execute) certain documents required to be filed in the office of the Secretary of State. In regard to corporations organized under the General Not For Profit Corporation Act of 1986, provides that the Secretary of State may dissolve any corporation administratively if it has failed to elect and maintain at least 3 directors. Provides that failure to receive a notice of administrative dissolution shall not relieve a corporation of its obligation to pay the filing fee and any penalties due or invalidate the validity thereof. Amends the Limited Liability Company Act. Provides that the Secretary of State may dissolve any limited liability company administratively if it has failed to appoint and maintain a registered agent in Illinois (rather than if it has failed to appoint and maintain a registered agent in Illinois within 60 days after a registered agent’s notice of resignation). Provides that the name of a series with limited liability must commence with the entire name of the limited liability company, as set forth in its articles of organization (rather than articles of incorporation) and be distinguishable from the names of the other series set forth in the articles of organization. 805 ILCS 5/1.10; 805 ILCS 105/101.10, 112.35, 112.40; 805 ILCS 180/35-25, 37-40.

Public Act 99-620, effective January 1, 2017

Amends the Business Corporation Act of 1983. In provisions concerning the Department of Business Services Special Operations Fund, provides that on or before August 31 of each year, the balance in the Fund in excess of $600,000 shall be transferred to the General Revenue Fund (rather than the balance in the Fund at the end of any fiscal year shall not exceed $600,000 and any amount in excess thereof shall be transferred to the General Revenue Fund). In provisions concerning the Corporate Franchise Tax Refund Fund, provides that on or before August 31 of each year, the balance in the Fund in excess of $100,000 shall be transferred to the General Revenue Fund (rather than within a reasonable time after the 30th day of June of each year, the Secretary of State shall direct and the Comptroller shall order transferred to the General Revenue Fund all amounts in excess of $100,000 remaining in the fund as of June 30). Amends the Uniform Partnership Act (1997). In a provision concerning the Division of Corporations Limited Liability Partnership Fund, provides that on or before August 31 of each year, the balance in the Fund in excess of $200,000 shall be transferred to the General Revenue Fund (rather than the balance of the Fund at the end of any fiscal year shall not exceed $200,000, and any amount in excess thereof shall be transferred to the General Revenue Fund). 805 ILCS 5/15.95, 15.97; 805 ILCS 206/108.

Public Act 99-627, effective January 1, 2017

Amends the Common Interest Community Association Act. Provides that if a provision of the community instruments does not conform to the Act or to another applicable law because of an error, omission, or inconsistency in the community instruments of the association, the association may correct the error, omission, or inconsistency to conform the community instruments to the Act or to another applicable law by an amendment adopted by vote of two-thirds of the board of directors, without a membership vote. Provides that a provision in the community instruments requiring members of record to vote to approve an amendment to the community instruments, or for the members of record to be given notice of an amendment to the community instruments, does not apply to an amendment that corrects an omission, error, or inconsistency to conform the community instruments to the Act or to another applicable law. Deletes language providing that corrections of errors or omissions may be adopted by a majority vote of the members at a meeting called for that purpose unless other procedural requirements apply. 765 ILCS 160/1-60.

Public Act 99-637, effective July 1, 2017

Amends the Limited Liability Company Act. Establishes distinctions between membership interests. Provides for the appointment of officers. Authorizes the use of oral operating agreements. Makes changes concerning electronic signatures. Makes changes regarding a member’s right to information. Provides that members of a limited liability company are not agents solely because of membership. Expands the scope of operating agreements. Makes changes concerning unauthorized distributions. Provides that creditors acquire only distributional rights. Requires judicial action for dissolution based upon illegality. Abolishes certain statutory buyout rights. Provides for domestication of foreign companies. Provides for conversion of business entities into other forms. Requires the filing of a post office address for service of process. Limits the ability of companies to transact business until an application is filed with the Secretary of State. Makes technical and other changes. 805 ILCS 180/1-1 et seq.

Public Act 99-677, effective July 29, 2016

Amends the Co-operative Act. Provides that a cooperative may be organized for the purpose of the shareholders operating a business without qualification regarding the type of business. 805 ILCS 310/1.

Civil Procedure

Public Act 99-640, effective July 28, 2016

Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that the provisions of a subsection concerning the federal Making Home Affordable program are operative and shall become inoperative on January 1, 2018 (instead of January 1, 2016) for all actions filed under the Article after December 31, 2016 (instead of December 31, 2015), in which the mortgagor did not apply for assistance under the Making Home Affordable Program on or before December 31, 2017 (instead of December 31, 2015). Provides that the changes apply to all cases pending and filed on or after the effective date. 735 ILCS 5/15-1508.

Civil Rights

Public Act 99-548, effective January 1, 2017

Amends the Illinois Human Rights Act to increase the amount of civil penalties for civil rights violations relating to real estate transactions as follows: (i) a maximum of $16,000 (instead of $10,000) if the respondent has not been adjudged to have committed any prior civil rights violation concerning real estate transactions; (ii) a maximum of $42,500 (instead of $25,000) if the respondent has been adjudged to have committed one other civil rights violation concerning real estate transactions during the 5-year period ending on the date of the filing of the current charge; and (iii) a maximum of $70,000 (instead of $50,000) if the respondent has been adjudged to have committed 2 or more civil rights violations concerning real estate transactions during the 7-year period ending on the date of the filing of the current charge. 775 ILCS 5/8B-104.

Public Act 99-565, effective July 1, 2017

Amends the Human Trafficking Resource Center Notice Act to provide that the notice required to be posted under the Act shall be posted, among other places, within hotels and motels in clear view of the employees where similar notices are customarily posted. Provides that upon request, the Department of Human Services shall furnish copies of the model notice without charge to the owner of a hotel or motel. 775 ILCS 50/5, 15.

Condominiums

Public Act 99-612, effective January 1, 2017

Amends the Common Interest Community Association Act and the Condominium Property Act. Provides that the term “acceptable technological means” includes, among other things, any generally available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability. Provides that acceptable technological means may be used to conduct association business, including: notice required to be sent or received; signature, vote, consent, or approval required to be obtained; and the performance of obligations or exercise of rights. Provides that Sections concerning the use of technology do not apply to any notices required: (i) under the Forcible Entry and Detainer Article of the Code of Civil Procedure; or (ii) in connection with foreclosure proceedings in enforcement of any lien rights” under the Act (instead of “notices required under [the Forcible Entry and Detainer Article] of the Code of Civil Procedure related to: (i) an action by the common interest community association to collect a common expense; or (ii) foreclosure proceedings in enforcement of any lien rights” under the Act). 765 ILCS 160/1-5, 1-85; 765 ILCS 605/2, 18.8.

Consumer Fraud

Public Act 99-500, effective January 29, 2016

Amends the Collection Agency Act to add a definition of “collection agency” and “consumer debt” or “consumer credit.” In provisions concerning communication with persons other than the debtor, provides that a collection agency communicating with anyone other than the debtor for the purpose of acquiring location information about the debtor shall only identify his or her employer if expressly requested. In provisions concerning the validation of debts, provides that the collection agency will provide a debtor with the name and address of the original creditor upon the debtor’s written request within 30 days after receipt of the notice of the debt. Provides that certain provisions apply to collection agencies or debt buyers only when engaged in the collection of consumer debt. Provides that a collection agency or a debt buyer shall not be subject to civil liability for its failure to comply with certain provisions of the Act if the collection agency or the debt buyer can demonstrate compliance with comparable provisions of the federal Fair Debt Collection Practices Act. 225 ILCS 425/2, 9.1, 9.2, 9.3, 60.

Public Act 99-503, effective January 1, 2017

Amends the Personal Information Protection Act to include breaches of security involving medical information, health insurance information, and certain unique biometric data to the types of breaches for which notice is required. Adds requirements concerning notices disclosing a breach of security involving a user name or email address in combination with a password or security question and answer. Permits substitute notice to prominent local media under specified conditions. Requires notice of a breach of security to be provided to the Attorney General under certain circumstances. Requires certain data collectors to use reasonable security measures to protect records. Provides that a covered entity or business associate that is subject to and in compliance with the privacy and security standards for the protection of electronic health information under the federal Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act is deemed to be in compliance with the Personal Information Protection Act under certain circumstances. 815 ILCS 530/5, 10, 12, 45, 50.

Public Act 99-679, effective January 1, 2017

Amends the Consumer Fraud and Deceptive Business Practices Act. In the Section concerning immigration services, changes the word “alien” to “documented or undocumented immigrant” when “alien” refers to someone not legally admitted to the United States, with regard to the exemption for an organization employing or seeking to employ aliens or nonimmigrant aliens from the requirements in law for providing immigration assistance services. 815 ILCS 505/2AA.

Counties

Public Act 99-513, effective June 30, 2016

Amends the County Economic Development Project Area Property Tax Allocation Act to provide that, with respect to an area comprised of one or more contiguous parcels not exceeding a total area of 120 acres within which an electric generating facility is intended to be constructed, and with respect to which the owner of that proposed electric generating facility has entered into a redevelopment agreement with Grundy County on or before July 25, 2017, the portion of the redevelopment project area containing those parcels shall be extended until 35 years (instead of 23 years) from the date of the ordinance establishing the economic development project area. 55 ILCS 85/3, 7, 8.

Public Act 99-583, effective July 15, 2016

Amends the Counties Code to create the Lake County Children’s Advocacy Center Pilot Program. Provides that under the pilot program, which begins January 1, 2017 and ends December 31, 2018, any grand or petit juror in Lake County may elect to have his or her juror fees donated to the Lake County Children’s Advocacy Center. Provides that the Lake County board shall create rules and policies concerning the pilot program and report yearly to the General Assembly and Governor on the pilot program. Further provides that the Section will be repealed on December 31, 2019. 55 ILCS 5/4-11001.5.

Public Act 99-634, effective July 22, 2016

Amends the Counties Code. Provides that on or before January 1, 2017, every county shall prepare a report for the General Assembly identifying any local public entity that the county board, board of county commissioners, county board chairman or president, or county executive appoints members to and containing other specified information (rather than a report recommending units of local government that may be consolidated or dissolved). Defines “local public entity.” 55 ILCS 5/5-44060.

Criminal Law and Procedure

Public Act 99-533, effective July 8, 2016

Amends the Unified Code of Corrections to delete provision that 2 sitting judges shall serve on the Illinois Sentencing Policy Advisory Council. Provides that the retired judges on the Council shall be selected by certain other members of the Council (rather than by the Chief Justice of the Illinois Supreme Court). 730 ILCS 5/5-8-8.

Public Act 99-534, effective January 1, 2017

Amends the Criminal Code of 2012 to include in the theft of rental property renting or leasing equipment exceeding $500 in value including tools, construction or industry equipment, and such items as linens, tableware, tents, tables, chairs and other equipment specially rented for a party or special event. Allows the trier of fact to infer evidence that the person is without good cause for failure to return the property if the person signs the agreement with a name or address other than his or her own. Provides that in addition to any other penalty imposed, the court may order a person convicted of the offense to make restitution to the victim of the offense. 720 ILCS 5/16-3.

Public Act 99-554, effective January 1, 2017

Amends the Drug Court Treatment Act to provide that if the defendant needs treatment for opioid abuse or dependence, the court may not prohibit the defendant from participating in and receiving medication assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches. Provides that drug court participants may not be required to refrain from using medication assisted treatment as a term or condition of successful completion of the drug court program. Provides that a defendant who is assigned to a substance abuse treatment program under the Act for opioid abuse or dependence is not in violation of the terms or conditions of the program on the basis of his or her participation in medically prescribed drug treatments under the care of a physician licensed in this State to practice medicine in all of its branches. 730 ILCS 166/25.

Public Act 99-561, effective July 15, 2016

Amends the Criminal Code of 2012 to provide that a person also commits a false personation when he or she knowingly and falsely represents himself or herself to be: (1) an active-duty member of the Armed Services or Reserve Forces of the United States or the National Guard or a veteran of the Armed Services or Reserve Forces of the United States or the National Guard; and (2) obtains money, property, or another tangible benefit through that false representation. Provides that a violation is a petty offense for which the offender shall be fined at least $100 and not more than $200. 720 ILCS 5/17-2.

Public Act 99-617, effective July 22, 2016

Amends the Sexual Assault Evidence Submission Act. Provides if a consistent DNA profile has been identified in a sexual assault case by comparing the submitted sexual assault evidence with a known standard from a suspect or with DNA profiles in the CODIS database, the Department of State Police shall notify the investigating law enforcement agency of the results in writing, and the Department shall provide an automatic courtesy copy of the written notification to the appropriate State’s Attorney’s Office for tracking and further action, as necessary. Beginning June 1, 2016 or on and after the effective date of this amendatory Act, whichever is later, each law enforcement agency must conduct an annual inventory of all sexual assault cases in the custody of the law enforcement agency and provide written notice of its annual findings to the State’s Attorney’s Office having jurisdiction to ensure sexual assault cases are being submitted as provided by law. Beginning January 1, 2017 and each year thereafter, the Department of State Police shall publish a quarterly report on its website, indicating a breakdown of the number of sexual assault case submissions from every law enforcement agency. 725 ILCS 202/15, 20.

Public Act 99-618, effective January 1, 2017

Amends the Code of Criminal Procedure of 1963. Provides that a peace officer taking cash bail or bail deposits shall accept payments made in the form of currency, and may accept other forms of payment as authorized by the sheriff. Defines “currency.” 725 ILCS 5/110-9.

Public Act 99-628, effective January 1, 2017

Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice or the Prisoner Review Board shall decide the date of release on aftercare for youth committed to the Department under the Juvenile Court Act of 1987, except those committed for first degree murder, and shall set conditions of aftercare release for all youth committed to the Department under the Juvenile Court Act of 1987. Provides that the Department of Juvenile Justice shall be responsible for all persons under 18 (rather than under 17) years of age when sentenced to imprisonment and committed to the Department under the Code or the Juvenile Court Act of 1987. Provides that persons under 18 (rather than under 17) years of age committed to the Department of Juvenile Justice under the Code shall be sight and sound separate from adult offenders committed to the Department of Corrections. Amends the Juvenile Court Act of 1987, provides that in no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense which is a Class 4 felony of criminal trespass to a residence, criminal damage to property, criminal damage to government supported property, criminal defacement of property, disorderly conduct, or obstructing justice. Makes additional changes concerning the terms of aftercare release. Amends various other Acts to make conforming changes. 20 ILCS 4026/17; 705 ILCS 405/5-710, 5-740, 5-745; 720 ILCS 570/509; 725 ILCS 120/4.5, 5; 725 ILCS 207/15; 730 ILCS 5/3-2-3.1, 3-2-5, 3-2.5-20, 3-2.5-70, 3-2.5-80, 3-2.5-85, 3-2.5-903-2.5-95, 3-2.5-100; 730 ILCS 5/3-3-1, 3-3-2, 3-3-3, 3-3-4, 3-3-5, 3-3-7, 3-3-8, 3-3-9, 3-3-9.5, 3-3-10, 3-10-7, 5-8-6, 5-8A-3, 5-8A-7; 730 ILCS 105/5, 10, 15, 20.

Public Act 99-629, effective January 1, 2017

Amends the Code of Criminal Procedure of 1963. Adds the criminal offense of money laundering to the list of offenses that can be joined into one count of an indictment, rather than requiring each transaction to be prosecuted separately. 725 ILCS 5/111-4.

Public Act 99-630, effective January 1, 2017

Amends the Code of Criminal Procedure of 1963. Provides that a court may order the testimony of a victim who is a child under 18, a person with a moderate, severe, or profound intellectual disability, or a person affected by a developmental disability by means of a closed circuit television in a proceeding for the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse aggravated battery or aggravated domestic battery, the testimony is taken during the proceeding, and the judge determines that testimony by the child victim or victim with a moderate, severe, or profound intellectual disability or victim affected by a developmental disability in the courtroom will result in the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability suffering serious emotional distress such that the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability cannot reasonably communicate or that the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability will suffer severe emotional distress and is likely to cause the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability to suffer severe adverse effects. 725 ILCS 106B-5.

Public Act 99-631, effective January 1, 2017

Amends the Criminal Code of 2012. For the offenses of criminal damage to property, institutional vandalism, and criminal defacement of property, increases the threshold amount of the damage to property from exceeding $300 to exceeding $500 in which the offense is enhanced from a misdemeanor to a felony or in which the offense is enhanced to a higher class of felony. 720 ILCS 5/21-1, 21-1.2, 21-1.3.

Public Act 99-651, effective July 28, 2016

Amends the Illinois Police Training Act. Removes the Special Agent in Charge of the Springfield, Illinois, division of the Federal Bureau of Investigation from the Illinois Law Enforcement Training Standards Board. Amends the Criminal Code of 2012. Changes the definition of “peace officer” under the Criminal Code of 2012 for particular purposes by changing the references to various federal law enforcement agencies from their previous names to their current names. Amends the Federal Law Enforcement Officer Immunity Act to make conforming changes. 50 ILCS 705/3; 720 ILCS 5/2-13; 745 ILCS 22/5.

Public Act 99-656, effective January 1, 2017

Amends the Criminal Code of 2012. Provides that the offense of vehicular endangerment includes striking a motor vehicle by causing an object to fall from an overpass or other elevated location above or adjacent to and above a highway (rather than just an overpass) in the direction of a moving motor vehicle with the intent to strike a motor vehicle while it is traveling upon a highway in this State.720 ILCS 5/12-5.02.

Public Act 99-671, effective January 1, 2017

Amends the Rights of Crime Victims and Witnesses Act. Changes the definition of “witness” to include a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime. Amends the Crime Victims Compensation Act. Includes within the scope of the term “victim” a person who will be called as a witness by the prosecution to establish a necessary nexus between the offender and the violent crime. 725 ILCS 120/3; 740 ILCS 45/2.

Public Act 99-685, effective January 1, 2017

Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution in which United States currency was used by a law enforcement officer or agency or by a person acting under the direction of a law enforcement officer or agency in an undercover investigation of an offense that has imprisonment as an available sentence for a violation of the offense, the court shall receive as competent evidence, a photograph, photostatic copy, or photocopy of the currency used in the undercover investigation, if the photograph, photostatic copy, or photocopy (1) will serve the purpose of demonstrating the nature of the currency; (2) the individual serial numbers of the currency are clearly visible or if the amount of currency exceeds $500 the individual serial numbers of a sample of 10% of the currency are clearly visible, and any identification marks placed on the currency by law enforcement as part of the investigation are clearly visible; (3) complies with federal law, rule, or regulation requirements on photographs, photostatic copies, or photocopies of United States currency; and (4) is otherwise admissible into evidence under all other rules of law governing the admissibility of photographs, photostatic copies, or photocopies into evidence. Provides that the fact that it is impractical to introduce into evidence the actual currency for any reason, including its size, weight, or unavailability, need not be established for the court to find a photograph, photostatic copy, or photocopy of that currency to be competent evidence. Provides that if a photograph, photostatic copy, or photocopy is found to be competent evidence, it is admissible into evidence in place of the currency and to the same extent as the currency itself. 725 ILCS 5/115-9.2.

Public Act 99-686, effective July 29, 2016

Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control, and the Narcotics Profit Forfeiture Act. Provides that all moneys and the sale proceeds of all other property forfeited and seized under these Acts may be used for public education in the community or schools in the prevention or detection of the abuse of drugs or alcohol. 720 ILCS 550/12; 720 ILCS 570/505; 720 ILCS 646/85; 725 ILCS 175/5.

Public Act 99-688, effective July 29, 2016

Amends the Illinois Torture Inquiry and Relief Commission Act. Provides that “claim of torture” includes torture occurring within a county of more than 3,000,000 inhabitants (instead of torture allegedly committed by Commander Jon Burge or any officer under the supervision of Jon Burge). Provides that the powers and duties of the Illinois Torture Inquiry and Relief Commission include conducting inquiries into claims of torture (instead of “inquiries into claims of torture, with priority to be given to those cases in which the convicted person is currently incarcerated solely for the crime to which he or she claims torture by Jon Burge or officers under his command, or both”). Provides that the Act applies to claims of torture filed not later than 10 (instead of 5) years after the effective date of the Act. 775 ILCS 40/5, 35, 70.

Public Act 99-697, effective July 29, 2016

Amends the Cannabis Control Act. Provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 10 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides for distribution of these fines. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person’s whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Amends various other Acts to make conforming changes. 20 ILCS 2630/5.2; 410 ILCS 130/65; 620 ILCS 5/43d, 43e; 625 ILCS 5/2-118, 2-118.1, 6-106.1a, 6-208.1, 6-514, 6-517, 11-401, 11-500, 11-500.1, 11-501, 11-501.1, 11-501.2, 11-501.4, 11-501.4-1, 11-501.6, 11-501.8, 11-507; 625 ILCS 40/5-7, 5-7.1, 5-7.2, 5-7.4, 5-7.6; 625 ILCS 45/5-16, 5-16a, 5-16a.1, 5-16c; 705 ILCS 405/5-125; 720 ILCS 550/4, 5.3, 17.5; 720 ILCS 600/3.5; 725 ILCS 5/115-15, 115-23; 730 ILCS 5/5-9-1.9.

Public Act 99-698, effective July 29, 2016

Amends the Unified Code of Corrections. Provides that the condition of parole, aftercare release, or mandatory supervised release that the subject not knowingly associate with other persons on parole, aftercare release, or mandatory supervised release without prior written permission of his or her parole agent or aftercare specialist does not apply when the association involves activities related to community programs, worship services, volunteering, and engaging families. 730 ILCS 5/3-3-7.

Drugs and Pharmaceuticals

Public Act 99-648, effective January 1, 2017

Amends the Safe Pharmaceutical Disposal Act. Provides that that police officers, coroners, and medical examiners may dispose of unused medications found at the scene of a death after consulting with any law enforcement agency investigating the death. Limits types of medications of which may be disposed. Provides that prior to disposal of unused medication collected as evidence in a criminal investigation, a State Police officer, police officer, coroner, or medical examiner shall photograph the unused medication and its container or packaging, if available; document the number or amount of medication to be disposed; and include the photographs and documentation in the police report, coroner report, or medical examiner report. Further provides if an autopsy is performed as part of a death investigation, no medication seized shall be disposed of until after a toxicology report is received by the entity requesting the report. Amends the State Police Act, the Illinois Police Training Act, the Counties Code, Medical Practice Act of 1987, and the Nurse Practice Act making conforming changes. 20 ILCS 2610/40; 50 ILCS 705/10.19; 55 ILCS 5/3-3045; 210 ILCS 150/5, 18.

Elections

Public Act 99-522, effective Jun 30, 2016

Amends the Election Code to allow the use of digitized signatures under the Code except for nominating or candidate petitions or referendum petitions. Creates the ERIC Operations Trust Fund as a nonappropriated trust fund held outside of the State treasury for the use by the State Board Elections for costs and expenses related to the participation in the Electronic Registration Information Center. Allows county clerks or election authorities to keep master files in a computer-based voter registration file or paper format, provided a secondary digital back-up is kept off site and kept current. Allows election authorities to utilize an intelligent mail barcode tracking system. Makes various changes concerning the timing of issuance and counting of ballots under provisions of the Code concerning voting by mail and voting by absent electors in military or naval service. Extends authorization for fractional cumulative vote tabulation from December 31, 2015 to December 31, 2019. Provides that any person who, having voted once, knowingly during any election (rather than on the election day) commits certain actions shall be guilty of a Class 3 felony. Repeals provisions concerning certain procedures for handling votes by absent electors in military or naval service. Provides electors for President and Vice-President of the United States may be chosen by State convention or by a political party’s State central committee. Provides that a party may (rather than shall) hold a State convention. Provides that a party must certify its choices within 2 days after the meeting of the State central committee in which the electors were chosen. Makes conforming changes. Amends the Township Code. Requires a township clerk to certify candidates to the proper election authorities not less than 68 days (rather than 61) before the township election. Amends the School Code. Removes provisions concerning certain paperwork which must be included for candidates to school boards. Makes other changes. 10 ILCS 5/1-3, 1-12, 1-13, 1A-16.5, 1A-16.8, 1A-50, 4-8, 4-20, 4-33, 5-7, 5-28, 5-43, 6-35, 6-65, 6-79, 7-9, 9-3, 10-6, 19-3, 19-4, 19-8, 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-8, 20-10, 21-1, 24C-12, 29-5; 60 ILCS 1/45-20; 105 ILCS 5/9-10.

Eminent Domain

Public Act 99-594, effective July 22, 2016

Amends the Eminent Domain Act to provide that quick-take proceedings may be used for a period of no more than one year after the effective date by Will County for the acquisition of certain described property for the purpose of expanding the portion of Weber Road (County Highway 88) between Normantown Road and West 135th Street. 35 ILCS 30/25-5-65.

Employment

Public Act 99-610, effective January 1, 2017

Amends the Right to Privacy in the Workplace Act. Makes it unlawful for an employer or prospective employer to request or require an employee or applicant to authenticate or access a personal online account in the presence of the employer, to request or require that an employee or applicant invite the employer to join a group affiliated with any personal online account of the employee or applicant, or join an online account established by the employer. Prohibits retaliation against an employee or applicant. Removes the employee’s profile on a social networking website from the scope of the Act. Changes the definition of “personal online account.” Amends the Freedom from Location Surveillance Act to make a complementary cross reference change. 725 ILCS 168/5; 820 ILCS 55/10.

Enterprise Zones

Public Act 99-525, effective June 30, 2016

Amends the Illinois Enterprise Zone Act to provide that businesses located in an enterprise zone shall be granted access to build facilities to cross a railroad right-of-way owned by a land management company and not a registered rail carrier for the purpose of conveyance of grain, aggregate, construction materials, and other commodities over, under, or across that right-of-way, subject to payment of certain fees and costs. Provides that the crossing fee shall be in lieu of any license, permit, application, or any other fee or charges to reimburse the land management company for the direct expense incurred by the land management company as a result of the crossing. Amends the Crossing of Railroad Right-of-way Act. Provides that a utility shall reimburse a rail carrier (currently only specifies a land management company) for any actual flagging expenses associated with a crossing in addition to paying the standard crossing fee required under the Act. Makes changes to the definition of “utility” by including a cable operator that is issued a cable television franchise by any municipality or county pursuant to provisions of the Illinois Municipal Code or provisions of the Counties Code. 20 ILCS 655/9.3; 220 ILCS 70/5, 15.

Public Act 99-615, effective July 22, 2016

Amends the Illinois Enterprise Zone Act. Provides that Enterprise Zones certified in calendar year 2016 shall be effective on the date of certification (instead of January 1 of the first calendar year after certification). 20 ILCS 655/5.3.

Environmental Law

Public Act 99-526, effective July 8, 2016

Amends the Boat Registration and Safety Act to provide that a boating safety certificate is not required for a person who is temporarily using the waters of this State for the purpose of participating in a boat racing event sanctioned by the Department of Natural Resources or authorized federal agency. Requires the organizer or holder of the sanctioned event to possess liability insurance for property damage and bodily injury or death with a minimum benefit of $1,000,000 that shall remain in effect through the entirety of the event. 625 ILCS 45/5-18.

Public Act 99-529, effective July 8, 2016

Amends the Public Water Supply Regulation Act to provide that the owners or official custodians of public water supplies shall be in compliance with the recommendations on optimal fluoridation for community water levels as proposed and adopted by the U.S. Department of Health and Human Services and the Centers for Disease Control and Prevention and the rules and regulations adopted by the Illinois Environmental Protection Agency and the Pollution Control Board. 415 ILCS 40/7a.

Public Act 99-540, effective January 1, 2017

Amends the Illinois Pesticide Act to provide that “Commercial Not For Hire Applicator” includes a certified applicator who uses or supervises the use of pesticides classified for general or restricted use as an employee of a State agency, municipality, or other duly constituted governmental agency or unit. Removes the definition of “Licensed Public Applicator” and makes conforming changes. Provides that if specified notice is submitted then an employer may request that the unused portion of a terminated licensee’s pesticide applicator or operator license term be transferred to a newly certified or re-certified individual (rather than only a newly certified individual). Makes a corresponding change. Provides that the Director of Agriculture may issue the appropriate pesticide applicator or operator license (rather than a pesticide applicator license) to the newly certified or re-certified individual. 415 ILCS 60/4, 9, 10, 11.1, 12, 13.

Public Act 99-541, effective January 1, 2017

Amends the Environmental Justice Act to provide that a representative of the housing office of the Department of Human Services shall replace the Director of Aging or his or her designee as an ex officio voting member of the Commission on Environmental Justice. Provides that the Governor shall appoint 14 (rather than 10) members representing specified interests to the Commission. Makes a conforming change. Adds specified business organizations and specified labor organizations to the list of interests. 415 ILCS 155/10.

Public Act 99-543, effective January 1, 2017

Amends the Illinois Solid Waste Management Act to provide that the Department of Central Management Services, in coordination with the Department of Commerce and Economic Opportunity, has implemented (instead of shall implement) an aluminum can recycling program in all State buildings within 270 days of the effective date of this amendatory Act of 1997. 415 ILCS 20/3.

Environmental Barriers Act

Public Act 99-582, effective January 1, 2017

Amends the Environmental Barriers Act to changes references from “accessibility standards” to “the Illinois Accessibility Code,” and makes related changes. Makes changes to provisions concerning definitions. Removes a provision requiring the Capital Development Board to establish standards for areas restricted to employee use. Requires the Capital Development Board to update the Code within 3 years (rather than 2 years) after federal standards are updated. Provides that the Act generally applies to public facilities and multi-story housing constructed after May 1, 1988, with specific provisions concerning the Code’s application. Requires new housing construction to comply with the Department of Housing and Urban Development’s March 6, 1991 Fair Housing Accessibility Guidelines and all later versions, amendments, and supplements. Requires all alterations to public facilities and multi-story housing to comply with the Code as it exists at the time of alteration. Adds provisions concerning alterations that impact accessibility or usability of paths of travel. Repeals provisions concerning alterations. Combines provisions concerning civil enforcement and other penalties. Provides that any violation of the Code is a violation of the Act. Provides the Attorney General with discretion to investigate complaints made under the Act. Adds enforcement provisions concerning the powers of the Attorney General. Changes references from “environmentally limited persons” to “individuals with disabilities.” Makes other changes. Provides that 20% (rather than 20%, or at least one, whichever is greater) of dwelling units in multi-story housing shall be adaptable. Provides that any person who knowingly issues (rather than issues) a building permit or other official authorization for the construction or alteration of a public facility or the construction of multi-story housing in violation of the Act shall be subject to a specified penalty. 410 ILCS 25/2, 3, 4, 5, 6, 8.

Family Law

Public Act 99-638, effective January 1, 2017

Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to determine the military status of each parent or guardian who is named as the alleged perpetrator in a child abuse or neglect report. Provides that if the Department determines that a child’s parent or guardian is a service member, the Department shall notify a Department of Defense Family Advocacy Program if the Department determines that a parent or guardian who is named as the alleged perpetrator of child abuse or neglect is a service member. Provides that if the Department determines that a person or guardian is a member of the Illinois National Guard, the Department shall also notify the Office of the Adjutant General that there is an allegation of abuse or neglect against the parent or guardian that is open for investigation. 325 ILCS 5/4.4b.

Public Act 99-675, effective January 1, 2017

Amends the Vital Records Act. Provides that voluntary acknowledgment of paternity, denial of parentage, and rescission of voluntary acknowledgment of paternity or denial of parentage forms shall contain the data elements required by federal law. Removes a provision concerning the font characteristics for statements waiving the right to DNA tests regarding a child’s paternity. Corrects references to voluntary acknowledgment of paternity forms, denial of parentage forms, and rescission of voluntary acknowledgment of paternity or denial of parentage forms. Provides that in the event new data elements are included in specified forms, the Department of Healthcare and Family Services and Department of Public Health shall provide instructions that have been prescribed by the Department of Healthcare and Family Services about the new data elements to the hospital personnel responsible for assisting a newborn child’s mother, biological father, or presumed father with completing the forms. Makes other changes. 410 ILCS 535/12.

Finance

Public Act 99-509, effective June 24, 2016

Amends the Illinois Finance Authority Act to provide that the Illinois Finance Authority may enter into State Guarantees with a lender who makes a loan or loans to a qualified veteran-owned small business. Provides that payments on State Guarantees under the Agricultural Loan Program, the Young Farmer Loan Guarantee Program, the Working Capital Loan Guarantee Program, and the Qualified Veteran-owned Small Business Program may be made from any of the following funds: (1) the Industrial Project Insurance Fund created under Article 805 of this Act; (2) the Illinois Farmer and Agribusiness Loan Guarantee Fund; or (3) the Illinois Agricultural Loan Guarantee Fund. Provides that the Illinois Finance Authority authorization for reimbursement of administrative expenses for the State Guarantee programs is limited (i) to fiscal years 2017 through 2019, (ii) to moneys available in the Industrial Project Insurance Fund, (iii) to specified amounts, and (iv) for a specified program. 20 ILCS 3501/805-20, 830-30, 830-35, 830-45, 830-55; 20 ILCS 3501/835-5 et seq.

Public Act 99-523, effective June 30, 2016

Creates the FY2017 Stopgap Budget Implementation Act to provide that the purpose of the Act is to make the changes in State programs that are necessary to implement the Governor’s FY2017 stopgap budget recommendations. 20 ILCS 1605/7.12; 25 ILCS 115/1; 25 ILCS 120/6.4; 30 ILCS 105/5K, 6z-27, 6z-51, 8.3; 30 ILCS 115/11.1; 30 ILCS 730/4; 50 ILCS 705/9; 50 ILCS 707/25; 105 ILCS 5/18-8.05; 110 ILCS 205/9.35; 30 ILCS 105/8.12, 14.1; 40 ILCS 5/14-131; 40 ILCS 15/1.2; 765 ILCS 1025/18; 30 ILCS 105/6z-101; 30 ILCS 708/20, 25, 55, 85, 90, 100; 30 ILCS 330/2.5, 9, 11, 16; 30 ILCS 425/6, 8, 15; 30 ILCS 105/5.857, 6z-100; 20 ILCS 3105-9.02a, 9.02c.

Public Act 99-576, effective July 15, 2016

Amends the State Finance Act to provide for the repeal of provisions creating various special funds within the State treasury. Amends various statutes to remove provisions concerning the repealed special funds and other funds created by law. Provides for the repeal of the Illinois Prescription Drug Discount Program Act on October 1, 2016. Repeals the Illinois Laboratory Advisory Committee Act, the 21st Century Workforce Development Fund Act, and the 2016 Olympic and Paralympic Games Act. Amends the Family Farm Assistance Act to make establishment and coordination of the Family Farm Assistance Program discretionary rather than mandatory. Amends the Historic Preservation Agency Act. Repeals provisions creating the Freedom Trail Commission. Amends the Local Legacy Act. Makes adoption of rules by the Local Legacy Board discretionary rather than mandatory and makes changes concerning certain reporting requirements. Amends the Family Practice Residency Act. Repeals provisions requiring the Department of Public Health to conduct a study for the purpose of assessing the characteristics of practice resulting from the family practice residency programs. Makes other changes.

Firearms

Public Act 99-696, effective July 29, 2016.

Amends the Firearm Owners Identification Card Act. Provides that beginning July 1, 2016, and each July 1 and December 30 of every year thereafter, the circuit court clerk shall, in the form and manner prescribed by the Department of State Police, notify the Department of State Police, Firearm Owner’s Identification (FOID) department if the court has not directed the circuit court clerk to notify the Department of State Police, Firearm Owner’s Identification (FOID) Department within the preceding 6 months, because no person has been adjudicated as a person with a mental disability by the court or if no person has been involuntarily admitted. Provides that the Supreme Court may adopt any orders or rules necessary to identify the persons who shall be reported to the Department of State Police under this provision, or any other orders or rules necessary to implement the requirements of the Act. 430 ILCS 65/8.1.

Fish and Wildlife

Public Act 99-526, effective July 8, 2016

Amends the Boat Registration and Safety Act to provide that a boating safety certificate is not required for a person who is temporarily using the waters of this State for the purpose of participating in a boat racing event sanctioned by the Department of Natural Resources or authorized federal agency. Requires the organizer or holder of the sanctioned event to possess liability insurance for property damage and bodily injury or death with a minimum benefit of $1,000,000 that shall remain in effect through the entirety of the event. 625 ILCS 45/5-18.

Public Act 99-528, effective July 8, 2016

Amends the Wildlife Code to provide that it shall be unlawful to take or possess deer in this State, except if the person has complied with various provisions of this Act. 520 ILCS 5/2.24.

Public Act 99-532, effective July 8, 2016

Amends the Fish and Aquatic Life Code to provide that the limits on the number and size of fish a person may take in a day do not apply to a person fishing in waters wholly within his or her private property. 515 ILCS 5/10-150.

Grants

Public Act 99-606, effective July 22, 2016

Amends the Illinois Grant Funds Recovery Act and the School Construction Law. Provides that, notwithstanding the Illinois Grant Funds Recovery Act’s 2-year time limitation on grant fund expenditures, for school energy efficiency grants awarded in 2014, grant funds may be made available for expenditure by a grantee for a period of 4 years from the date the funds were distributed by the State. Provides that any school energy efficiency grant funds not expended or legally obligated by the end of the grant agreement must be returned to the grantor agency within 45 days if the funds are not already on deposit with the grantor agency or the State Treasurer, and such returned funds must be deposited into the fund from which the original grant disbursement to the grantee was made. 30 ILCS 705/5.

Health Care

Public Act 99-635, effective January 1, 2017

Amends the Podiatric Medical Practice Act of 1987. Defines “amputations.” 225 ILCS 100/5.

Public Act 99-690, effective January 1, 2017

Amends the Health Care Right of Conscience Act. Makes changes in the Section concerning findings and policy. Defines “undue delay” as unreasonable delay that causes impairment of the patient’s health. Makes changes to a provision concerning the duty of physicians and other health care personnel. Provides that all health care facilities shall adopt written access to care and information protocols that are designed to ensure that conscience-based objections do not cause impairment of patients’ health and that explain how conscience-based objections will be addressed in a timely manner to facilitate patient health care services. Provides that certain protections under the Act only apply if conscience-based refusals occur in accordance with these protocols. Provides that the protocols must, at a minimum, address certain matters. Provides that nothing in the Act shall be construed to prevent a health care facility from requiring that physicians or health care personnel working in the facility comply with access to care and information protocols. Makes other changes in Sections concerning liability. 745 ILCS 70/2, 3, 6, 6.1, 6.2, 9.

Identification Cards

Public Act 99-511, effective January 1, 2017

Amends the Illinois Identification Card Act. Provides that beginning July 1, 2017, the Secretary of State shall refuse to issue any identification card to any person who has been issued a driver’s license under the Illinois Vehicle Code. Provides that any person may surrender his or her driver’s license in order to become eligible to obtain an identification card. Provides that beginning July 1, 2017, all applicants for standard Illinois Identification Cards and Illinois Person with a Disability Identification Cards shall provide proof of lawful status in the United States. Provides that applicants who are unable to provide the Secretary with proof of lawful status are ineligible for identification cards. Provides further criteria for the expiration of Illinois Identification Cards and Illinois Person with a Disability Identification Cards. Amends the Illinois Vehicle Code to make similar changes concerning Illinois driver’s licenses, except that driver’s license applicants who are unable to provide proof of lawful status in the United States may apply for a temporary visitor’s driver’s license. 15 ILCS 335/2, 5, 8; 625 ILCS 5/6-103, 106.

Public Act 99-544, effective July 15, 2016

Amends the Illinois Identification Card Act and the Illinois Vehicle Code to provide that the Illinois Department of Veterans’ Affairs shall advise the Secretary of State as to what other forms of proof of a person’s status as a veteran are acceptable. Allows the issuance of an identification card or a driver’s license with a veteran designation to a member of the armed forces, including a member of any reserve component or National Guard unit, regardless of whether he or she served on active duty. Makes conforming changes. 15 ILCS 335/5; 625 ILCS 5/6-106.

Public Act 99-607, effective July 22, 2016

Amends the Illinois Identification Card Act. Provides that the fee for a duplicate temporary Illinois Identification Card shall be $5. 15 ILCS 335/12.

Insurance

Public Act 99-512, effective January 1, 2017

Requires the Director of Insurance to forward certain information to the National Association of Insurance Commissioners. Establishes new governance standards that must be met by existing risk retention groups within one year after the effective date of the amendatory Act. Establishes governance standards concerning boards of directors, independent directors, service provider contracts, adopting certain written policies, audit committees, disclosure, business conduct and ethics, and reporting noncompliance. Requires risk retention groups to submit copies of material revisions to their plans of operation or feasibility studies within 30 days after the date of the approval of the revisions. Exempts purchasing groups meeting certain federal requirements from additional laws concerning insurance. 215 ILCS 5/123B-2, 123B-3, 123B-4, 123B-7.

Public Act 99-518, effective June 30, 2016

Amends the Covering ALL KIDS Health Insurance Act to change the repeal date from July 1, 2016 to October 1, 2019. 215 ILCS 170/98.

Public Act 99-537, effective January 1, 2017

Amends the Health Carrier External Review Act to provide that each health carrier shall submit a report on all requests for external review to the Director of Insurance by June 1 (rather than March 1) of each year. 215 ILCS 180/65.

Public Act 99-542, effective July 8, 2016

Amends the Illinois Insurance Code to include within the definition of “company action level event” the filing of an RBC report by a health organization that indicates that the health organization has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 3.0 and triggers the trend test determined in accordance with the trend test calculation included in the Health RBC Instructions. 215 ILCS 5/35A-15.

Public Act 99-568, effective July 15, 2016

Amends the Illinois Insurance Code to provide that any contract entered into or renewed on or after the effective date of the amendatory Act that allows the rights and obligations of the contract to be assigned or leased to another insurer shall provide for notice of that assignment or lease within 30 days after the assignment or lease to the contracting dentist. 215 ILCS 5/355.4.

Public Act 99-672, effective January 1, 2017

Amends the Illinois Insurance Code. Makes changes to a Section concerning coverage for contraceptives. Provides that an individual or group health insurance policy shall provide coverage for all contraceptive drugs, devices, and other products approved by the United States Food and Drug Administration, including over-the-counter contraceptive drugs, devices, and products; voluntary sterilization procedures; contraceptive services, patient education, and counseling on contraception; and follow-up services related to their use. Provides that if the United States Food and Drug Administration has approved one or more therapeutic equivalent versions of a contraceptive drug, device, or product, a policy is not required to include all therapeutic equivalent versions in its formulary, so long as at least one is included and covered without cost-sharing; if an individual’s attending provider recommends a particular service or item approved by the United States Food and Drug Administration based on a determination of medical necessity with respect to that individual, the plan or issuer must cover that service or item without cost sharing and the plan or issuer must defer to the determination of the attending provider; if a drug, device or product is not covered, plans and issuers must have an easily accessible, transparent, and sufficiently expedient process that is not unduly burdensome on the individual or a provider or person acting as a patient’s authorized representative to ensure coverage without cost sharing; and that coverage must provide for the dispensing of 12 months’ worth of contraception at one time. Defines “contraceptive services,” “medical necessity,” and “therapeutic equivalent version.” Removes language prohibiting the provisions from being construed to require an insurance company cover services related to permanent sterilization requiring a surgical procedure. Provides that the foregoing changes are inoperative with respect to all outlined coverage other than that authorized under Section 1902 of the Social Security Act and the State shall not assume any obligation for the cost of the coverage set forth if, at any time, the Secretary of the United States Department of Health and Human Services, or its successor agency, promulgates rules or regulations to be published in the Federal Register or publishes a comment in the Federal Register or issues an opinion, guidance, or other action that would require the State, pursuant to any provision of the Patient Protection and Affordable Care Act to defray the cost of the outlined coverage; in which case, the coverage requirements in existing law shall apply. Makes changes to the definitions of “contraceptive services” and “medical necessity.” Excludes male condoms from the coverage requirement. Provides that if a plan or issuer utilizes a network of providers, nothing in the provision concerning coverage for contraceptives shall be construed to require coverage or to prohibit the plan or issuer from imposing cost-sharing for certain items or services that are provided or delivered by an out-of-network provider, unless the plan or issuer does not have in its network a provider who is able to or is willing to provide the applicable items or services. Makes other changes. 215 ILCS 5/356z.4.

Judicial System

Public Act 99-520, effective June 30, 2016

Amends the Associate Judges Act. Provides that the minimum number of associate judges authorized for any circuit with a population of at least 329,000, but not more than 349,999 (instead of 335,000) shall be 11. 705 ILCS 45/2.

Juveniles

Public Act 99-625, effective January 1, 2017

Amends the Juvenile Court Act of 1987 concerning abused, neglected, or dependent minors. Provides that the court shall ensure, by inquiring in open court of each parent, guardian, custodian or responsible relative, that the parent, guardian, custodian or responsible relative has had the opportunity to provide the Department of Children and Family Services with all known names, addresses, and telephone numbers of each of the minor’s living maternal and paternal adult relatives, including, but not limited to, grandparents, aunts, uncles, and siblings. Provides that the court shall advise the parents, guardian, custodian or responsible relative to inform the Department if additional information regarding the minor’s adult relatives becomes available. 705 ILCS 405/2-10.

Public Act 99-659, effective July 28, 2016

Amends the Illinois Identification Card Act. Defines “Youth for whom the Department of Children and Family Services is legally responsible for” or “Foster child.” Provides that for the application for the first Illinois Identification Card of a youth for whom the Department of Children and Family Services is legally responsible for or foster child to be issued at no fee, the youth must submit an affirmation by his or her court appointed attorney or an employee of the Department of Children and Family Services (rather than only an affirmation from an employee of the Department of Children and Family Services) on a form provided by the Secretary of State, that the person is a youth for whom the Department of Children and Family Services is legally responsible for or a foster child. Effective one year after becoming law. 15 ILCS 335/1A, 12.

Public Act 99-664, effective January 1, 2017

Amends the Juvenile Court Act of 1987. Provides that if the Department of Children and Family Services is appointed legal custodian or guardian of a minor under this Act, the Department of Children and Family services shall file updated case plans with the court every 6 months (rather than providing a guardian or legal custodian appointed under this Act shall file updated case plans with the court every 6 months). Provides the Department of Juvenile Justice shall notify the court in writing, filed within 10 days of the occurrence, of a critical incident involving a youth committed to the Department and a youth who has been released by the Prisoner Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release site. Provides that the Department shall notify the court in writing of a youth, except a youth who has been adjudicated a habitual or violent offender, or committed for first degree murder, who has been held in a Department facility for over one consecutive year with a supplemental report filed every 6 months thereafter. Provides that the notification shall contain a brief description of the incident or situation and a summary of the minor’s current physical, mental, and emotional health and the actions the Department took in response. Provides that upon receipt of the notification, the court may require the Department to make a full report. Provides that with respect to any report required to be filed with the court, the Independent Juvenile Ombudsman shall provide a copy to the minor’s court appointed guardian ad litem and to the minor’s attorney. Provides that under specified circumstances, the Independent Juvenile Ombudsman shall send a notice to the minor’s parents or guardian that the report is available and will be provided by the Independent Juvenile Ombudsman upon request. 705 ILCS 405/5-745.

Labor

Public Act 99-584, effective January 1, 2017

Amends the State Construction Minority and Female Building Trades Act to provide that the failure to submit required apprenticeship reports is a violation of the Act. Creates penalties for violation of the Act. Provides that if the Department of Labor determines that an entity has violated certain provisions of the State Construction Minority and Female Building Trades Act, it shall provide the entity reasonable notice of noncompliance for a first violation and inform the entity that it has 45 days to provide the information required under provisions of the Act without penalty, and then if the violation is not remedied within 45 days of notice, the entity shall be subject to a civil penalty not to exceed $100 for each day after the 45th day following notice that the entity is in violation of the Act. Provides that for a second violation the entity shall be subject to a civil penalty not to exceed $250 for each day that the entity is in violation. Provides that for any violation by an entity after the second violation, the entity shall be subject to a civil penalty not to exceed $500 for each that the entity is in violation of this Act. In imposing penalties, requires the Director of the Department of Labor to consider the appropriateness of the penalty to the entity. 30 ILCS 577/35-10, 11.

Legislature

Public Act 99-642, effective July 28, 2016

Creates the First 2016 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes.

Libraries

Public Act 99-619, effective July 22, 2016

Amends the Illinois Library System Act. Indefinitely extends a waiver of a grant eligibility requirement which expired after the State Fiscal Year 2015. Repeals a section allowing the State Librarian to designate Research and Reference Centers and Special Resource Centers at the University of Illinois at Urbana-Champaign, the Chicago Public Library, Southern Illinois University at Carbondale, and the Illinois State Library. 725 ILCS 10/8.1.

Licensed Occupations
Public Act 99-504, effective January 1, 2017

Amends the Illinois Plumbing License Law to require a licensed plumber to provide proof of completing 4 hours of continuing education to renew his or her annual license. Provides that sponsors of continuing education shall meet the criteria provided by the Board of Plumbing Examiners and the Plumbing Code advisory council. Provides that continuing education courses shall provide instruction in plumbing, which is supervised directly by an Illinois licensed plumber only. Provides qualifying criteria for plumbing instructors. Provides that the Director of Public Health shall approve an application for a plumber’s license examination if the applicant has submitted evidence that he or she has successfully completed an approved course of instruction in plumbing supervised directly by an Illinois licensed plumber in colleges, universities, or trade schools. 225 ILCS 320/3, 8, 10.

Public Act 99-505, effective May 27, 2016

Amends the Nurse Practice Act to provide that the requirement that an advanced practice nurse show proof of continued, current national certification in the specialty applies on and after May 30, 2020. Provides that an advanced practice nurse who does not meet the educational requirements necessary to obtain national certification but has continuously held an unencumbered license under the Act since 2001 shall not be required to show proof of national certification in the specialty to renew his or her advanced practice nurse license. Allows the Department of Financial and Professional Regulation to renew the license of an advanced practice nurse who applies for renewal of his or her license on or before May 30, 2016 and is unable to provide proof of continued, current national certification in the specialty but complies with all other renewal requirements. Provides that an advanced practice nurse license renewed on and after May 31, 2016 based on the changes shall be retroactive to the expiration date. 225 ILCS 65/65-15.

Public Act 99-572, effective July 15, 2016

Amends the Regulatory Sunset Act to extend the repeal of the Clinical Psychologist Licensing Act from January 1, 2017 to January 1, 2027. Amends the Clinical Psychologist Licensing Act. Adds diagnosis of mental, emotional, behavioral or nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness to the definition of “clinical psychology.” Requires applicants or licensees to inform the Department of Financial and Professional Regulation of any change of address within 14 days after the change. Provides that no individual shall offer to render or render clinical psychological services (rather than offer or render clinical psychological services to individuals or to the public) without a license. Provides that no business organization (rather than just professional limited liability companies) shall provide, attempt to provide, or offer to provide clinical psychological services unless every member, shareholder, director, officer, holder of any other ownership interest, agent, and employee of the professional limited liability company who renders clinical psychological services holds a currently valid license under the Act. Authorizes the Department to prescribe forms to be issued for the administration and enforcement of the Act and to conduct investigations related to possible violations of the Act. Removes language requiring that the Secretary of Financial and Professional Regulation issue a report to the Clinical Psychologists Licensing and Disciplinary Board if he or she takes action contrary to the recommendation of the Board. In provisions amending the Clinical Psychologist Licensing Act, provides that only the Department of Financial and Professional Regulation (rather than the Department or the Clinical Psychologists Licensing and Disciplinary Board) may determine that a person licensed as a clinical psychologist in another jurisdiction was licensed by a jurisdiction whose standards were substantially equivalent, at the date of his or her licensure in the other jurisdiction, to the requirements of the Act or to any person who, at the time of his or her licensure, possessed individual qualifications that were substantially equivalent to the requirements then in force in this State. Provides that a person licensed in another state or jurisdiction of the United States or Canada, holds a doctoral degree in clinical, school, or counseling psychology, and has no disciplinary action taken against his or her license in any jurisdiction may be licensed at the Department’s discretion. Makes changes to provisions concerning persons licensed in other jurisdictions. Provides that the endorsement process for individuals who are already licensed as medical or prescribing psychologists in another state is governed by provisions concerning endorsement and not provisions concerning persons licensed in other jurisdictions. Includes the Department in certain disciplinary proceedings. Makes changes to provisions concerning investigations and hearings. Removes the requirement that the Board review reports from a hearing officer within 60 days. Makes changes to provisions concerning rehearings and final orders. Makes other changes. 5 ILCS 80/4.27, 4.37; 225 ILCS 15/2, 2.5, 3, 6, 7, 10, 11, 15, 15.2, 16, 16.1, 19, 20, 21, 23.

Public Act 99-581, effective January 1, 2017

Amends various Acts to add physician assistants and advanced practice nurses to provisions applicable to physicians. Requires that the Department of Public Health consult with the Illinois Society of Advanced Practice Nurses and Illinois Academy of Physician Assistants in developing the summary of health care for women and that the summary be distributed to health care professionals. Requires that the Department of Public Health consult with a statewide professional organization representing physician assistants and advanced practice nurses in developing the POLST form. In provisions amending the Counties Code, provides that the Board of Commissioners of Cook County may contract with any recognized training school or any program for health professionals for the health care services (rather than nursing) of any or all such sick or mentally ill or persons in need of mental treatment. Makes other changes.

Public Act 99-591, effective January 1, 2017

Amends provisions concerning educator licensure in the School Code to provide that if a professional educator licensee earns more than the required number of professional development hours during a renewal cycle, then the licensee may carry over any hours earned from April 1 through June 30 of the last year of the renewal cycle. Provides that any hours carried over in this manner must be applied to the next renewal cycle and Illinois Administrators’ Academy courses or hours earned in those courses may not be carried over. 105 ILCS 5/21B-45.

Public Act 99-593, effective July 22, 2016

Amends the Illinois Vehicle Code to require dealers of manufactured homes and community-based manufactured homes to be licensed in this State for the purpose of selling manufactured homes or park models. Provides that an application for a manufactured home dealer’s license or a community-based manufactured home dealer’s license shall be filed with the Secretary of State, duly verified by oath on a form prescribed by the Secretary, and shall contain certain required information concerning the dealer’s business and the fees to be paid for the license. Requires the Secretary to grant the manufactured home or community-based manufactured home dealer’s license in writing within a reasonable period of time after receipt of the application for the license, if the license application meets the proper requirements. Provides that the instrument evidencing the license, or a certified copy of the instrument, shall be posted in the established place of business of the dealer. Provides that dealer’s licenses shall expire on December 31 of the calendar year for which they are granted, unless sooner revoked or cancelled. Defines “community-based manufactured home dealer,” “established place of business,” “manufactured home,” “manufactured home dealer,” “park model,” and “supplemental license.” 625 ILCS 5/5-101.2, 401.2.

Public Act 99-621, effective January 1, 2017

Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to adopt rules, no later than 90 days after the effective date of the amendatory Act, for the legally recognized services of persons licensed under other laws of this State as a clinical social worker. 305 ILCS 5/5-8.

Public Act 99-632, effective January 1, 2017

Amends the Electrologist Licensing Act. In provisions concerning qualification for licensure, requires a person to complete a total of 600 hours in the study of electrology over a period of not less than 16 weeks nor more than 4 (rather than 2) years at a program approved by the Department. Provides that time spent under the laws of another state or territory of the United States or a foreign country or province shall be credited toward the period of study required. Provides that time spent in the study of electrology under the laws of another state or territory of the United States or of a foreign country or province must be approved by the Department of Financial and Professional Regulation to be credited toward the period of study required to be qualified for licensure. 225 ILCS 412/30.

Public Act 99-633, effective January 1, 2017

Amends the Genetic Counselor Licensing Act. Removes language prohibiting a genetic counselor from providing genetic counseling without a referral. Makes related changes. 225 ILCS 135/10, 20, 95.

Public Act 99-654, effective July 28, 2016

Amends the Pharmacy Practice Act. Extends the repeal of the medicine locking closure package pilot program from January 1, 2017 to January 1, 2018. 225 ILCS 85/16c.

 

Public Act 99-661, effective January 1, 2017

Amends the Emergency Medical Services (EMS) Systems Act. Defines “clinical observation” and “medical monitoring.” Provides that “Basic Life Support (BLS) Services” includes medical monitoring and clinical observation. Provides that “non-emergency medical services” includes clinical observation. 210 ILCS 50/3.5, 3.10.

Public Act 99-680, effective January 1, 2017

Amends the Illinois Dental Practice Act. Changes the requirement of additional course work for public health dental hygienists from 72 to 42 clock hours of additional structured courses in dental education approved by rule by the Department of Financial and Professional Regulation in advanced areas specific to public health dentistry provided by an educational institution, such as a dental school or dental hygiene program, or by an approved continuing education sponsor. Provides that dental assistants who meet specific requirements and have completed a structured training program provided by: (1) an educational institution, such as a dental school or dental hygiene or dental assistant program; or (2) by a statewide dental or dental hygienist association, approved by the Department that has developed and conducted a training program for expanded functions for dental assistants or hygienists may perform specific procedures. Provides that the dental assistant’s certificate of completion of the training program must be made available to the Department upon request. In provisions concerning public health dental supervision responsibilities, provides that if a supervising dentist, after consultation with a public health hygienist, determines that time is needed to complete an approved treatment plan on an eligible patient, then the dentist may instruct the hygienist to complete the remaining pending services prior to an oral examination by the dentist. Provides that such instruction by the dentist to the hygienist shall be noted in the patient’s records. Provides that any services performed under this exception must be scheduled in a timely manner and shall not occur more than 30 days after the first appointment date. 225 ILCS 25/4, 17, 18.1.

Public Act 99-699, effective July 29, 2016

Amends the Child Care Act of 1969. Provides an exemption from the definition of “day care center” for programs that serve only school-age children and youth, that are operated by an entity organized to promote childhood learning, child and youth development, educational or recreational activities, or character-building, that also operate primarily during out-of-school time or at times when school is not normally in session, that comply with the standards of the Illinois Department of Public Health or the local health department, the Illinois State Fire Marshal, and specific health and safety requirements, that perform and maintain authorization and results of criminal history checks through specified law enforcement agencies and registries, that make hiring decisions in accordance with prohibitions against specified barrier crimes, that provide parents with written disclosure that the operations of the program are not regulated by licensing requirements, and that obtain records showing the first and last name and date of birth of the child, name, address, and telephone number of each parent, emergency contact information, and written authorization for medical care. Provides that programs or portions of programs under the exemption that request funding from the Child Care Assistance Program (CCAP) must annually meet the eligibility requirements under the CCAP. Provides that the programs must comply with staff qualification and training standards established by rule by the Department of Human Services. Provides that the standards shall be set after review of specific information. Provides that an out-of-school time program must comply with only those staff qualifications and training standards set for the program by the State or federal entity issuing funds. Provides that certain day care providers are exempt from licensure, and the Department of Children and Family Services shall provide written verification of exemption and description of compliance with standards for the health, safety, and development of the children who receive the services upon submission by the provider of, in addition to any other documentation required by the Department, a notarized statement that the facility complies with: (1) the standards of the Department of Public Health or local health department, (2) the fire safety standards of the State Fire Marshal, and (3) if operated in a public school building, the health and safety standards of the State Board of Education. Makes other changes. 225 ILCS 10/2.09, 3.

Liquor

Public Act 99-550, effective July 15, 2016

Amends the Liquor Control Act of 1934 to provide that alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of a public university or community college district for events that the Board of Trustees of that public university or community college district may determine are public events and not student-related activities. Provides that the Board of Trustees of a public university or a community college district shall issue a written policy within 6 months after the effective date of the amendatory Act concerning the types of events that would be eligible for an exemption. Provides that the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. Specifies factors that the Board of Trustees shall, in addition to other factors it considers relevant and important, consider in forming its written policy. Defines “public university.” Provides that the provisions do not apply to certain community college districts authorized to sell or serve alcoholic liquor. 235 ILCS 5/6-15.

Public Act 99-553, effective January 1, 2017

Amends the Alcoholism and Other Drug Abuse and Dependency Act to provide that all programs serving persons with substance use issues licensed by the Department of Human Services under the Act must provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction, recognition of and response to opioid overdose, and the use and administration of naloxone, to clients identified as having or seeking treatment for opioid addiction. Provides that the Department shall develop educational materials that are supported by research and updated periodically that must be used by programs to comply with this requirement. 20 ILCS 301/20-25.

Public Act 99-558, effective July 15, 2016

Amends the Liquor Control Act of 1934 to authorize the issuance and renewal of a license to sell alcoholic liquor at specific premises located within 100 feet of specific churches, schools, homes for indigent persons, and homes for the aged located in the City of Chicago. 235 ILCS 5/6-11.

Public Act 99-559, effective July 15, 2016

Amends the Liquor Control Act of 1934 to provide that alcoholic liquors may be delivered to and sold at retail in any building owned by a public library district, provided that the delivery and sale is approved by the board of trustees of that public library district and is limited to library fundraising events or programs of a cultural or educational nature. Provides that before the board of trustees of a public library district may approve the delivery and sale of alcoholic liquors, the board of trustees of the public library district must have a written policy that has been approved by the board of trustees of the public library district governing when and under what circumstances alcoholic liquors may be delivered to and sold at retail on property owned by that public library district. Requires the written policy to (i) provide that no alcoholic liquor may be sold, distributed, or consumed in any area of the library accessible to the general public during the event or program, (ii) prohibit the removal of alcoholic liquor from the venue during the event, and (iii) require that steps be taken to prevent the sale or distribution of alcoholic liquor to persons under the age of 21. Provides that any public library district that has alcoholic liquor delivered to or sold at retail on property owned by the public library district shall provide dram shop liability insurance in maximum insurance coverage limits so as to save harmless the public library districts from all financial loss, damage, or harm. Makes a conforming change. 235 ILCS 5/6-15.

Public Act 99-574, effective January 1, 2017

Amends the Alcoholism and Other Drug Abuse and Dependency Act. In a provision concerning a person who has successfully completed alcohol or drug addiction treatment as a condition of probation, provides that if such a person qualifies for a vacation of the judgment of conviction, he or she must file a motion to vacate the judgment of conviction at any time from the date of the entry of the judgment to a date that is not more than 60 days after the discharge of the probation (rather than within 30 days of the entry of the judgment). 20 ILCS 301/40-10.

Mental Health

Public Act 99-535, effective January 1, 2017

Amends the Mental Health and Developmental Disabilities Code to provide that the Illinois Supreme Court or any circuit court of this State may adopt rules permitting the use of video conferencing equipment in any hearing concerning the administration of psychotropic medication or electroconvulsive therapy subject to the following conditions: (1) if the parties, including the respondent, and their attorneys, including the State’s Attorney, are at a mental health facility, or some other location to which the respondent may be safely and conveniently transported, and the judge and any court personnel are in another location; or (2) if the respondent and his or her attorney are at a mental health facility or some other location to which the respondent may be safely and conveniently transported, and all of the other participants including the judge are in another location, if, and only if, agreed to by the respondent and the respondent’s attorney. Provides that in a hearing concerning the administration of psychotropic medication or electroconvulsive therapy, any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting that testimony. 405 ILCS 5/2-107.4.

Public Act 99-570, effective July 15, 2016

Amends the MC/DD Act to provide that the DD Facility Advisory Board established under the ID/DD Community Care Act shall advise the Department of Public Health on its responsibilities under the MC/DD Act and on matters concerning rulemaking under the MC/DD Act. Contains provisions requiring the Department to obtain advice from the Board and concerning the Board’s failure to provide advice. 210 ILCS 46/2-204.

Military Affairs

Public Act 99-557, effective January 1, 2017

Amends the Military Code of Illinois. Provides that there shall be no unlawful discrimination in the Illinois National Guard. Deletes provisions requiring specific military personnel numbers for the Organized Militia. Provides that the personnel strength of the Organized Militia shall instead be in accordance with tables and authorizations provided by the U.S. Army and Air Force and makes related changes. Repeals Sections concerning the appointment of personal aides by the Governor. Removes a reference to the Chief of Staff from a Section concerning the position’s creation and makes related changes. Makes changes to provisions concerning the Adjutant General and Assistant Adjutants General. Deletes provisions requiring the Governor to appoint an Assistant Adjutant General as the head of the Division of Family Affairs and makes related changes. Provides that the Division of Family Affairs exists subject to appropriation. Makes changes to a Section concerning funeral honors duties. Provides that an officer’s commission may be removed pursuant to the findings and recommendations of a board convened pursuant to federal regulations. Removes a requirement for the Governor to and grants the Adjutant General with discretion to convene a board to review a recommendation that an officer or member is undesirable. Provides the Governor with discretion to require that a bond may be given to an officer accountable for public property. Removes provisions concerning an “Armory Rental Account” and replaces it with the “National Guard Construction Fund.” Repeals a Section concerning the powers of commanding officers of encampments or parades. Repeals a Section concerning individuals that interrupt military parades or drills. Makes other changes. Amends the Service Member’s Employment Tenure Act. Provides that the definition for “military service” includes the full-time duties of the Adjutant General and Assistant Adjutants General. 20 ILCS 1805/7, 8, 14, 15, 20, 20.5, 22-10, 24, 28, 28.6, 30.10, 40, 42, 43, 58, 65, 92; 330 ILCS 60/3.

Motor Vehicles

Public Act 99-526, effective July 8, 2016

Amends the Boat Registration and Safety Act to provide that a boating safety certificate is not required for a person who is temporarily using the waters of this State for the purpose of participating in a boat racing event sanctioned by the Department of Natural Resources or authorized federal agency. Requires the organizer or holder of the sanctioned event to possess liability insurance for property damage and bodily injury or death with a minimum benefit of $1,000,000 that shall remain in effect through the entirety of the event. 625 ILCS 45/5-18.

Public Act 99-544, effective July 15, 2016

Amends the Illinois Identification Card Act and the Illinois Vehicle Code to provide that the Illinois Department of Veterans’ Affairs shall advise the Secretary of State as to what other forms of proof of a person’s status as a veteran are acceptable. Allows the issuance of an identification card or a driver’s license with a veteran designation to a member of the armed forces, including a member of any reserve component or National Guard unit, regardless of whether he or she served on active duty. Makes conforming changes. 15 ILCS 335/5; 625 ILCS 5/6-106.

Public Act 99-595, effective January 1, 2017

Amends the Illinois Vehicle Code to provide that the minimum amount of $2,000,000 of liability insurance required for a vehicle with a school bus driver permit may be satisfied by either (i) a $2 million combined single limit primary commercial automobile policy; or (ii) a $1 million primary commercial automobile policy and a minimum $5 million excess or umbrella liability policy. Provides that excess or umbrella liability coverage requirements may be met by securing surplus line insurance. Provides that if the excess or umbrella liability coverage requirement is met by securing surplus line insurance, that coverage must be effected through a licensed surplus line producer acting under the surplus line insurance laws and regulations of this State. Provides that nothing shall be construed as prohibiting a licensed and admitted insurance carrier, an intergovernmental cooperative, or a certified self-insurer from retaining risk or issuing a single primary policy meeting the requirements under certain provisions. Provides that each owner of a vehicle required to obtain the minimum liability requirements under certain provisions shall attest that the vehicle meets the minimum insurance requirements. Provides that the Secretary of State shall create a form for each owner of a vehicle to attest that the owner meets the minimum insurance requirements and the owner of the vehicle shall submit the form with each registration application. Provides that the form shall be valid for the full registration period, but if at any time the Secretary has reason to believe that the owner does not have the minimum required amount of insurance for a vehicle, the Secretary may require a certificate of insurance, or its equivalent, to ensure the vehicle is insured. Provides that if the owner fails to produce a certificate of insurance, or its equivalent, within 2 calendar days after the request was made, then the Secretary may revoke the vehicle owner’s registration until the Secretary is assured the vehicle meets the minimum insurance requirements. Provides that if the owner of a vehicle participates in an intergovernmental cooperative or is self-insured, then the owner shall attest that the insurance is equivalent to or greater than the insurance required under certain provisions. Allows the Secretary to adopt any rules necessary to enforce certain specified provisions. 625 ILCS 5/12-707.01.

Public Act 99-598, effective January 1, 2017

Amends the Illinois Vehicle Code to provide that motorcycles may be equipped with a blue light or lights located on the rear of the motorcycle as a part of the motorcycle’s rear stop lamp or lamps. 625 ILCS 5/12-208.

Public Act 99-607, effective July 22, 2016

Amends the Illinois Identification Card Act. Provides that the fee for a duplicate temporary Illinois Identification Card shall be $5. Amends The Illinois Vehicle Code. Requires drivers of truck-tractor semitrailer combinations operating as covered farm vehicles to successfully complete any tests the Secretary of State deems necessary. Allows the Secretary to suspend or revoke the driving privileges of any person, without a preliminary hearing, upon a showing of the person’s records or other sufficient evidence that the person has submitted a falsified or altered medical examiner’s certificate to the Secretary or provided false information to obtain a medical examiner’s certificate. Provides that if the total amount of dishonored payment due and owing to the Secretary for registration and title fees exceeds the sum of $100 and has not been paid within 60 days from the date the dishonored payment was first delivered (rather than from the date the fee or tax became due), the Secretary shall assess a penalty of 25% of the amount remaining unpaid. Provides that for purposes of ensuring a person is medically fit to drive a commercial motor vehicle, the Secretary may release medical information to the Federal Motor Carrier Safety Administration about an applicant or a holder of a CDL or CLP. Provides examples of medical information. 15 ILCS 335/12; 625 ILCS 5/3-821, 6-206, 6-507, 6-508.1.

Public Act 99-613, effective January 1, 2017

Amends the Illinois Vehicle Code. Provides that a person convicted of operating a motor vehicle without an insurance policy shall be guilty of a petty offense (rather than a business offense), unless the person has been convicted of this same offense 3 or more times. 625 ILCS 5/3-707.

Public Act 99-644, effective January 1, 2017

Amends the Illinois Vehicle Code. Allows the Secretary of State to require an owner of a motor vehicle of the first division or a motor vehicle of the second division weighing not more than 8,000 pounds to select his or her birthday as the motor vehicle’s registration expiration date. Provides that if the motor vehicle has more than one registered owner, the owners may select one registered owner’s birthday as the date of registration expiration. Provides the Secretary of State may adopt any rules the Secretary deems necessary. 625 ILCS 5/3-414.

Public Act 99-663, effective January 1, 2017

Amends the Illinois Vehicle Code. Provides that a driver of a vehicle that approaches a railroad grade crossing under circumstances in which a stop is required and does not stop within 50 feet but not less than 15 feet from the nearest rail, commits a petty offense for which a $500 fine (previously $250) shall be imposed for the first violation and a $1,000 fine (previously $500) shall be imposed for any subsequent violations. 625 ILCS 5/11-1201.

Public Act 99-681, effective January 1, 2017

Amends the Illinois Vehicle Code. Provides that a driver of a vehicle approaching a disabled vehicle with lighted hazard lights on a highway of at least 4 lanes, of which at least 2 are proceeding in the same direction, shall, proceeding with due caution, make a lane change into a lane not adjacent to the disabled vehicle or, if changing lanes would be impossible or unsafe, reduce the speed of the vehicle and maintain a safe speed for the road conditions. Provides that a violation of this provision shall be a petty offense. 625 ILCS 5/11-701, 11-907.5.

Public Act 99-689, effective January 1, 2017

Amends the Illinois Vehicle Code. Provides that a person may operate a video event recorder in a contract carrier vehicle. Provides that a contract carrier vehicle carrying passengers that is equipped with a video event recorder shall have a notice posted in a visible location stating that a passenger’s conversation may be recorded. Provides that any data recorded by a video event recorder shall be the sole property of the registered owner or lessee of the contract carrier vehicle. Defines “video event recorder.” 625 ILCS 5/1-218.10, 12-604.1, 12-604.3.

Municipalities

Public Act 99-508, effective June 24, 2016

Amends the Illinois Municipal Code to create a tax increment allocation financing extension for an ordinance adopted on June 11, 2002 by the City of Oak Forest. 65 ILCS 5/11-74.4-3.5.

New Acts

Public Act 99-585, effective January 1, 2017

Creates the Bath Salts Prohibition Act to provide that a person may not sell or offer for sale any bath salts in a retail mercantile establishment located within this State. Provides that a violation is a Class 3 felony for which a fine not exceeding $150,000 may be imposed. Provides that in addition to any other penalty that may be imposed for a violation of the Act, the unit of local government that issued a retailer’s license for the retail mercantile establishment whose merchant violated the Act may revoke the retailer’s license of that retail mercantile establishment upon conviction for a violation of the Act. Defines “bath salts” as any synthetic or natural material containing any quantity of a cathinone chemical structure, including any analogs, salts, isomers, or salts of isomers of any synthetic or natural material containing a cathinone chemical structure. Provides that this includes, but is not limited to, synthetic cathinones as defined in the Illinois Controlled Substances Act, and any related “controlled substance analog” as defined in the Illinois Controlled Substances Act, regardless of how the product is labeled or marketed. Amends the Illinois Controlled Substances Act. Exempts from a violation of knowingly manufacturing or delivering, or possessing with intent to manufacture or deliver, a controlled substance, the sale or offering for sale of bath salts in a retail mercantile establishment. 720 ILCS 570/401.

Public Act 99-604, effective January 1, 2017

Creates the Local Government Travel Expense Control Act. Provides that school districts, community college districts, and non-home rule units of local government shall, by resolution or ordinance, regulate travel, meal, and lodging expenses of officers and employees including: (1) the types of official business for which travel, meal, and lodging expenses are allowable; (2) maximum allowable reimbursement for travel, meal, and lodging expenses; and (3) a standardized form for submission of travel, meal, and lodging expenses. Provides that any officers or employees that exceed the maximum allowable expenses, and any expenses for members of the governing board or corporate authorities, must be approved by the governing board or corporate authorities by a roll call vote. Prohibits reimbursing entertainment expenses.

Public Act 99-609, effective January 1, 2017

Creates the Land Trust Beneficiary Rights Act. Provides that if the identity of the trustee of a land trust has been changed by virtue of sale, assignment, appointment, or otherwise, but the beneficial owner or owners of the land trust remain unchanged, the rights of the beneficial owner or owners shall in no way be impaired by the change of trustees. Provides that a change of trustee pursuant to a sale, acquisition, or appointment governed by the Corporate Fiduciary Act is not a bar or defense to any court action filed by or in the name of either the previous trustee, irrespective of whether the court action was originally filed in a representative capacity on behalf of the beneficial owner or owners.

Public Act 99-622, effective January 1, 2017

Creates the Citizen Privacy Protection Act. Provides that a law enforcement agency may not use a cell site simulator device, except to locate or track the location of a communications device or to identify a communications device. Except as provided in the Freedom From Location Surveillance Act, a court order based on probable cause that a person whose location information is sought has committed, is committing, or is about to commit a crime, is required for any permitted use of a cell site simulator device. Provides that an application for a court order to use a cell site simulator device, including an emergency application under the Freedom From Location Surveillance Act, must include a description of the nature and capabilities of the cell site simulator device to be used and the manner and method of its deployment, including whether the cell site simulator device will obtain data from non-target communications devices. Provides that an application for a court order to use a cell site simulator device, including an emergency application under the Freedom From Location Surveillance Act, must also include a description of the procedures that will be followed to protect the privacy of non-targets of the investigation, including the deletion of data obtained from non-target communications devices as soon as reasonably practicable, but no later than once every 24 hours. Provides that if the cell site simulator device is used to identify an unknown communications device, all non-target data must be deleted as soon as reasonably practicable, but no later than within 72 hours of the time that the unknown communications device is identified, absent a court order preserving the non-target data and directing that it be filed under seal with the court. Provides that the court may retain data obtained from a non-target communications device under a court order showing good cause for no longer than the period required under Supreme Court Rules. Provides that the law enforcement agency is prohibited from accessing data obtained from a non-target communications device for the purpose of any investigation not authorized by the original warrant. Provides that a court order issued may be sealed upon a showing of need, but for no more than 180 days, with any extensions to be granted upon a certification that an investigation remains active or a showing of exceptional circumstances. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency used a cell site simulator to gather information in violation of the limits in the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Defines “cell site simulator device,” “communications device,” and “law enforcement agency.”

Public Act 99-636, effective January 1, 2017

Creates the Illinois Articulation Initiative Act. Requires all public institutions of higher education to participate in the Illinois Articulation Initiative through submission and review of their courses for statewide transfer consistency. Requires (i) all sending and receiving institutions to maintain a complete Illinois Articulation Initiative General Education Core Curriculum package; (ii) all institutions to maintain up to 4 core courses in an Illinois Articulation Initiative major, provided the institution has equivalent majors and courses; and (iii) all institutions to provide faculty, as appointed by the Board of Higher Education and the Illinois Community College Board, to serve on panels in the review of courses. Provides that all courses approved for Illinois Articulation Initiative codes must be transferable either as a part of the General Education Core Curriculum package. Provides that students receiving the General Education Core Curriculum package must not be required to take additional freshmen or sophomore level general education courses. Provides that all public institutions of higher education shall determine if Illinois Articulation Initiative major courses are direct course equivalents or are elective credit toward the requirements of the major. Provides that if the receiving institution does not offer the course or does not offer it at the lower-division level, the student shall receive elective lower-division major credit toward the requirements of the major for the course and may be required to take the course at the upper-division level. Provides that the Board of Higher Education and the Illinois Community College Board shall co-manage the specific requirements of the General Education Core Curriculum. Provides that panels may be convened across other fields as determined by the Board of Higher Education and the Illinois Community College Board. Makes other changes.

Public Act 99-641, effective January 1, 2017

Creates the State Tax Preparer Oversight Act. Provides that, for taxable years beginning on or after January 1, 2017, the Department of Revenue shall require any income tax return preparer to include his or her PTIN on any tax return prepared by the income tax return preparer and filed under the Illinois Income Tax Act or any claim for refund of tax imposed by the Illinois Income Tax Act. Provides that the Department shall develop a program using the PTIN as an oversight mechanism to assess returns, to identify high error rates, patterns of suspected fraud, and unsubstantiated basis for tax positions by income tax return preparers. Provides that the Department may bar or suspend an income tax return preparer for good cause. Provides that the penalty for failing to provide a PTIN is $50 per offense, but not to exceed $25,000 per calendar year. Amends the Illinois Income Tax Act to make conforming changes.

Public Act 99-645, effective July 28, 2016

Creates the Youth Unemployment Task Force Act. Creates the Youth Unemployment Task Force, who shall serve without compensation. Provides for the membership of the Task Force. Provides that the Task Force may consult with any persons or entities it deems necessary to carry out its purposes. Provides that the Task Force shall examine the State-wide youth unemployment crisis, and its particular effect on young people of color, including recommendations on how to improve employment among young people of color. Requires the Task Force to submit its findings and recommendations to the General Assembly and the Governor on or before January 1, 2017. Repeals the Act on January 1, 2018. Defines terms.

Public Act 99-646, effective July 28, 2016

Creates the Local Government Wage Increase Transparency Act. Applies to employees under the Illinois Municipal Retirement Fund (IMRF) who began participation before January 1, 2011 and who are not subject to a collective bargaining agreement. Defines “disclosable payment.” Provides that, after an employee has expressed to the employer an intent to retire or withdraw from service, the employer may not pay a disclosable payment to the employee within a specified period before the expected date of retirement or withdrawal without first disclosing certain information about the payment at a public meeting of the governing body of the employer. Includes a home rule pre-emption. Amends the Open Meetings Act to make a conforming change. 

Public Act 99-666, effective January 1, 2017

Creates the Criminal Diversion Racial Impact Data Collection Act. Requires that, in accordance with reporting guidelines for law enforcement agencies under the Criminal Identification Act, the Illinois Criminal Justice Information Authority shall report the number of persons arrested and released without charging, and the racial and ethnic composition of those persons. Requires that, in accordance with reporting guidelines for State’s Attorneys under the Criminal Identification Act, the Authority shall report the number of persons for which formal charges were dismissed, and the racial and ethnic composition of those persons. Requires that, in accordance with reporting guidelines for circuit court clerks under the Criminal Identification Act, the Authority shall determine and report the number of persons admitted to a diversion from prosecution program, and the racial and ethnic composition of those persons, separated by each type of diversion program. Provides that the Authority shall publish information received and an assessment of the quality of that information under the Act every calendar year. Provides that the Authority, Department of State Police, Administrative Office of Illinois Courts, and Illinois State’s Attorneys Association may collaborate on any necessary training concerning the provisions of the Act. Contains legislative findings. Defines required terms. Provides for a repeal date of the Act on December 31, 2020. 

Public Act 99-674, effective July 29, 2016

Creates the Postsecondary and Workforce Readiness Act. Sets forth provisions concerning postsecondary career expectations; a competency-based, high school graduation requirements pilot program; transitional mathematics instruction; reading and communication transitional competencies; College and Career Pathway Endorsements and State Distinction programs; and administrative rules. Makes other changes. 105 ILCS 5/27-22.

Public Act 99-678, effective July 29, 2016

Creates the Speech Rights of Student Journalists Act. Defines “student journalist” as a public high school student. Provides that a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the school district or by use of school facilities or produced in conjunction with a class in which the student is enrolled. Provides that the appropriate student journalist is responsible for determining the content of school-sponsored media. Sets forth provisions concerning the prior restraint of material. Provides that the Act does not authorize or protect expression by a student journalist that is (1) libelous, slanderous, or obscene; (2) constitutes an unwarranted invasion of privacy; (3) violates federal or State law; or (4) incites students to commit an unlawful act, to violate policies of the school district, or to materially and substantially disrupt the orderly operation of the school. Provides that no school district or employee or parent, legal guardian, or official of the school district shall be held liable in any civil or criminal action for any expression made or published by students, except in cases of willful or wanton misconduct.

Officers

Public Act 99-562, effective January 1, 2017

Amends the State Treasurer Act to eliminate a provision requiring the State Treasurer to make a record of the name of the person to whom a warrant is made payable upon being presented with a warrant to be countersigned. Requires the State Treasurer to (1) report to the State Comptroller at appropriate intervals but at least once per month (currently, at the close of each month) the amount of money received and paid out by him during that time period, and (2) report to (currently, deposit with) the Comptroller all warrants, properly canceled, which he may have paid. 15 ILCS 505/11, 14.

Public Act 99-563, effective July 15, 2016

Amends the State Treasurer Act to provide that the State Treasurer may accept contributions for ABLE accounts once the Internal Revenue Service has issued either interim guidance or final regulations (currently, only final regulations). Provides that ABLE accounts may also be established for residents of other states (currently, only residents of Illinois). Makes technical corrections. 15 ILCS 505/16.6.

Open Meetings Act

Public Act 99-515, effective June 30, 2016

Amends the Open Meetings Act to provide that access to the verbatim recordings and minutes of closed meetings shall be granted to duly elected officials or appointed officials filling a vacancy of an elected office in a public body; provides that access shall be granted in the public body’s main office or official storage location, in the presence of a records secretary, an administrative official of the public body, or any elected official of the public body; provides that no verbatim recordings or minutes of closed meetings shall be recorded or removed from the public body’s main office or official storage location, except by vote of the public body or by court order; and provides that nothing in the subsections concerning verbatim recordings and minutes of closed meetings is intended to limit the Public Access Counselor’s access to records necessary to address a request for administrative review. 5 ILCS 120/2.06.

Public Act 99-646, effective July 28, 2016

Creates the Local Government Wage Increase Transparency Act. Applies to employees under the Illinois Municipal Retirement Fund (IMRF) who began participation before January 1, 2011 and who are not subject to a collective bargaining agreement. Defines “disclosable payment.” Provides that, after an employee has expressed to the employer an intent to retire or withdraw from service, the employer may not pay a disclosable payment to the employee within a specified period before the expected date of retirement or withdrawal without first disclosing certain information about the payment at a public meeting of the governing body of the employer. Includes a home rule pre-emption. Amends the Open Meetings Act to make a conforming change. 5 ILCS 120/2.

Public Act 99-687, effective January 1, 2017

Amends the Open Meetings Act. Provides that a public body may hold closed meetings to consider, among other subjects, the discussion of matters protected under the federal Patient Safety and Quality Improvement Act of 2005, and the regulations promulgated thereunder, or for the discussion of matters protected under the federal Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, by a hospital or other institution providing medical care that is operated by the public body. 5 ILCS 120/2.

Pensions

Public Act 99-506, effective May 30, 2016

Amends the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. For payment years 2016 through 2020, specifies the amount for the City of Chicago’s required annual contribution to each fund. Provides that beginning in payment year 2021, the City’s total required contribution to each fund shall be an amount that is equal to the normal cost of the fund, plus an amount sufficient to bring the total assets of the fund up to 90% of the total actuarial liabilities of the fund by payment year 2055 (instead of 2040); changes the actuarial cost method to entry age normal. Includes provisions for funding from any proceeds received by the city in relation to the operation of a casino within the city. Provides a mechanism to enforce funding through mandamus. Creates a new minimum retirement annuity provision based on the federal poverty level for certain persons. 40 ILCS 5/5-167.2, 168, 168.2, 5/6-128.2, 165, 165.2.

Public Act 99-521, effective June 1, 2017

Amends the School Code to provide that a separate tax may be levied by the Chicago Board of Education for the purpose of making an employer contribution to the Public School Teachers’ Pension and Retirement Fund of Chicago, at a rate not to exceed 0.383%; requires the proceeds from this separate tax to be paid directly to the Pension Fund. Provides that the rate is not a new rate for the purposes of the Property Tax Extension Limitation Law. Amends the Property Tax Extension Limitation Law in the Property Tax Code to add certain extensions made for making employer contributions to the Chicago Teachers Pension Fund to the list of special purpose extensions that are excluded from the aggregate extension. 105 ILCS 5/34-53; 35 ILCS 200/18-185.

Public Act 99-578, effective July 15, 2016

Amends the Cook County Article of the Illinois Pension Code to limit a provision allowing purchase of credit for certain former county service to a person who first becomes a contributor before the effective date of the amendatory Act. Defines the term “in service.” Allows the board of the Fund to waive the required physician’s proof of disability if (1) the employee has been compensated by the county for the disability or specific loss under the Workers’ Compensation Act or Workers’ Occupational Diseases Act or (2) the employee claims ordinary disability of up to 8 weeks for maternity. Removes a provision that requires an employee’s designation of a beneficiary for certain refunds to be signed before an officer authorized to administer oaths. Provides that if the Fund mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as may be practicable after the mistake is discovered. Sets forth specific requirements regarding when a benefit is mistakenly set too low and when a benefit is mistakenly set too high. Provides that the mistake in benefit provisions of the amendatory Act apply to all mistakes in benefit calculations that occur before, on, or after the effective date of the amendatory Act. 40 ILCS 5/9-108.3, 158, 166, 179.2, 241.

Public Act 99-580, effective July 15, 2016

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code to delete the one-year limit on backdating a survivor benefit. Provides that annuity payments for periods before the application date shall be paid without interest based on late payment. Authorizes annuitants previously limited by the one-year limit to reapply for benefits for the period denied. Applies without regard to whether the deceased spouse was in service on or after the effective date of the amendatory Act. 40 ILCS 5/7-155.

Public Act 99-682, effective July 29, 2016

Amends the Illinois Municipal Retirement Fund (IMRF), State Universities, and Downstate Teacher Articles of the Illinois Pension Code. Provides that certain annuitants who received a refund of contributions for survivor benefits may, within a period of one year beginning 5 months after the effective date of this amendment, elect to repay the refund, with interest, and have their survivor benefit rights reinstated. Specifies the required time and manner of repayment. In the IMRF and State Universities Articles, requires that the annuitant (1) retired prior to June 1, 2011, and (2) is a party to a civil union, marriage, or other legal relationship that is recognized as a civil union or marriage under the Illinois Religious Freedom Protection and Civil Union Act or the Illinois Marriage and Dissolution of Marriage Act on or after certain specified dates. Also, in the IMRF Article, extends application of a provision added by Public Act 87-850 to spouses of annuitants who die on or after the effective date of this amendatory Act. Makes other changes. 40 ILCS 5/7-154, 7-159, 15-139, 15-145, 15-154, 16-143.2.

Public Act 99-683, effective July 29, 2016

Amends the General Provisions Article of the Illinois Pension Code. Requires every pension fund or retirement system under the Code, except pension funds established under the Downstate Police or Downstate Firefighter Articles of the Illinois Pension Code, to develop and implement, by no later than June 30, 2017, a process to identify annuitants who are deceased. The process shall require the pension fund or retirement system to check for any deceased annuitants at least once per month and shall include the use of commonly accepted methods to identify persons who are deceased, which include, but are not limited to, the use of a third party entity that specializes in the identification of deceased persons, the use of data provided by the Social Security Administration, the use of data provided by the Department of Public Health’s Office of Vital Records, or the use of any other method that is commonly used by other states to identify deceased persons. Amends the Vital Records Act to provide that the information contained in the vital records shall be made available at no cost to any pension fund or retirement system under the Illinois Pension Code for administrative purposes. Amends the State Mandates Act to require implementation without reimbursement. 40 ILCS 5/1-140; 410 ILCS 535/24.5; 30 ILCS 805/8.40.

Probate

Public Act 99-497, effective January 29, 2016

Amends the Probate Act of 1975 to reverse the changes made by Public Act 99-93, which expanded the scope of persons who may be issued a citation to discover or recover assets of an estate. 755 ILCS 5/16-1.

Public Act 99-599, effective January 1, 2017

Amends the Guardianship of Minors Article of the Probate Act of 1975 to provide that a parent or guardian who is a member of the Armed Forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on State active duty, may appoint a short-term guardian for a period of longer than 365 days if on active duty service. Provides that the writing appointing the short-term guardian shall include the dates of the parent’s or guardian’s active duty service, and the appointment may not exceed the term of active duty plus 30 days. Makes corresponding changes in the statutory appointment of short term guardian form. 755 ILCS 5/11-5.4.

Property Taxes

Public Act 99-560, effective January 1, 2017

Amends the Property Tax Code to provide that a Section concerning the valuation of vegetative filter strips is repealed on December 31, 2026 (instead of December 31, 2016). 35 ILCS 200/10-152.

Public Act 99-573, effective July 15, 2016

Amends the Property Tax Code to provide that the chief county assessment officer shall return the assessment books to the board of review on or before the third Monday in June of the assessment year, or on or before the 90th day following the certification of the final township assessment roll in the county, whichever is later (currently, on or before the third Monday in June of the assessment year). 35 ILCS 200/9-245.

Public Act 99-579, effective July 15, 2016

Amends the Property Tax Code. In a Section requiring the board of review to serve a copy of the petition on all taxing districts when a change in assessed valuation of $100,000 or more is sought, provides that the service may be by electronic means if the taxing district consents to electronic service and provides the board of review with a valid e-mail address for the purpose of receiving service. 35 ILCS 200/16-55.

Public Aid

Public Act 99-588, effective July 20, 2016

Amends the Illinois Insurance Code, Health Maintenance Organization Act, and Illinois Public Aid Code. Provides that a provision concerning coverage for breast tomosynthesis is inoperative other than any such coverage authorized under specified provisions of the Social Security Act and the State shall not assume any obligation for the cost of coverage for screening by breast tomosynthesis if, at any time, the Secretary of the United States Department of Health and Human Services, or its successor agency, promulgates rules or regulations to be published in the Federal Register or publishes a comment in the Federal Register or issues an opinion, guidance, or other action that would require the State, pursuant to any provision of the Patient Protection and Affordable Care Act, to defray the cost of that coverage. 215 ILCS 5/356g; 215 ILCS 125/4-6.1; 305 ILCS 5/5-5.

Public Act 99-566, effective January 1, 2017

Amends the Medical Assistance Article of the Illinois Public Aid Code to make changes to provisions concerning sensitive health services information held by Medicaid Managed Care Entities. Provides that Medicaid Managed Care Entities and their respective business associates shall not disclose, directly or indirectly, including by sending a bill or explanation of benefits, information concerning the sensitive health services received by enrollees of the Medicaid Managed Care Entity to any person other than covered entities and business associates, which may receive, use, and further disclose such information solely for the purposes permitted under applicable federal and State laws and regulations if such use and further disclosure satisfies all applicable requirements of such laws and regulations (rather than providing that Medicaid Managed Care Entities shall not divulge, directly or indirectly, including by sending a bill or explanation of benefits, information concerning the sensitive health services received by enrollees of the Medicaid Managed Care Entity to any person other than providers and care coordinators caring for the enrollee and employees of the entity in the course of the entity’s internal operations). Provides that Medicaid Managed Care Entities or their respective business associates may communicate directly with their enrollees regarding care coordination activities for those enrollees. Defines “business associate,” “covered entity,” “disclosure,” and “use.” 305 ILCS 5/5-30.

Public Act 99-684, effective January 1, 2017

Amends the Illinois Public Aid Code. Adds the percentage of Medicaid funded residents as one of the factors the Department of Healthcare and Family Services must considered in grouping nursing facilities for purposes of payment. Provides that a resident of a nursing facility whose application for long term care benefits is awaiting final action shall be included in the calculation as a Medicaid funded resident. 305 ILCS 5/5-5.1.

Public Funds

Public Act 99-676, effective July 29, 2016

Amends the Public Funds Investment Act. Provides that municipalities and counties may invest up to $250,000 in public funds in not-for-profit community development financial institutions. Requires the financial institutions to have at least $5,000,000 in net assets and to have earned at least an “A” rating by an investment rating organization. Provides that the rating of a community development financial institution must be made by an investment rating organization that primarily provides services for community development financial institutions. Provides that the investments made shall be made for a term and at a rate acceptable to the municipality or county and the municipality or county may set benchmarks in order to continue investing in the not-for-profit community development financial institution. 30 ILCS 235/9.

Public Housing

Public Act 99-564, effective July 15, 2016

Amends the Comprehensive Housing Planning Act to remove all references to the Executive Committee and its corresponding definition. Replaces all references to “Interagency Subcommittee of the State Housing Task Force” with “Interagency Committee of the State Housing Task Force” (Interagency Committee). Adds the Directors of the State Departments of Corrections, Emergency Management, and Juvenile Justice to the list of members on the Interagency Committee. Adds the Interagency Committee as a member of the State Housing Task Force and removes the following State Departments or their designees from the State Housing Task Force: the Secretaries of Human Services and Transportation; the Directors of the State Departments of Aging, Children and Family Services, Commerce and Economic Opportunity, Financial and Professional Regulation, Healthcare and Family Services, Human Rights, Natural Resources, Public Health, and Veterans’ Affairs; the Director of the Environmental Protection Agency; and a representative of the Governor’s Office of Management and Budget. Removes a provision permitting the Governor to invite and appoint a representative of the Illinois Institute for Rural Affairs of Western Illinois University to the State Housing Task Force; and provides that the Governor may invite and appoint a representative of the U. S. Department of Agriculture Rural Development (rather than a representative of the U. S. Department of Agriculture). Makes changes concerning the codification of Executive Order 2003-18 into the Act. In provisions concerning the purposes of the Act, adds as a purpose, the maximization of federal funding opportunities for affordable housing or the services people need to maintain their housing with required State funding, such as, without limitation, for federal Continuum of Care networks and HOME Investment Partnerships Program project sponsors. Extends the date through which the State shall prepare and be guided by an Annual Comprehensive Housing Plan that is consistent with the affirmative fair housing provisions of the Illinois Human Rights Act. In a provision listing the underserved populations that shall be addressed in the Annual Comprehensive Housing Plan, adds to the list (i) low-income people residing in communities with ongoing community revitalization efforts; and (ii) other special needs populations, including people with criminal records and veterans experiencing or at risk of homelessness. Requires the Interagency Committee to deliver the Annual Comprehensive Housing Plan to the Governor and the General Assembly by January 15 (rather than January 1) of each year or the first business day thereafter; and requires the Illinois Housing Development Authority to prepare an Annual Progress Report by April 1 (instead of an interim report by September 30 and a final report by April 1) of the following year to the Governor and the General Assembly on the progress made toward achieving certain projected goals under the Act. Transfers certain duties of the Executive Committee to the State Housing Task Force. Makes changes concerning certain duties of the Interagency Committee and repeals a provision requiring the Illinois Housing Development Authority to annually issue a joint Notice of Funding Availability to notify potential applicants of funding for specific programs expected to be available through State agencies to meet housing and supportive service needs identified in the Annual Comprehensive Housing Plan. 310 ILCS 110/5, 10, 15, 20, 25.

Public Records and Information

Public Act 99-586, effective January 1, 2017

Amends the Freedom of Information Act to provide that if the public body fails to comply with the court’s order after 30 days or the court’s order is not on appeal or stayed, the court may impose an additional penalty of up to $1,000 for each day the violation continues. Provides that if the Attorney General issues a binding opinion and the public body does not file for administrative review of or comply with the binding opinion within 35 days after the binding opinion is served on the public body, the requester may file an action and there shall be a rebuttable presumption that the public body willfully and intentionally failed to comply with the Act. Provides that the amendatory Act applies to actions filed and binding opinions of the Attorney General requested or issued on or after the effective date. 5 ILCS 140/11, 11.6.

Real Property

Public Act 99-567, effective January 1, 2017

Amends the Common Interest Community Association Act and the Condominium Property Act to provide that every meeting of the board of managers shall be open to any unit owner, except that the board may close any portion of a noticed meeting or meet separately from a noticed meeting to conduct specified business (instead of “except for the portion of any meeting held to discuss or consider information relating to” specified business). In the provision allowing the board to discuss employment matters in a closed meeting, provides that the board may also discuss the engagement of any independent contractor, agent, or other provider of goods and services and interview a potential employee, independent contractor, agent, or other provider of goods and services. Provides that the board may consult with the association’s legal counsel during a closed meeting. 765 ILCS 160/1-40; 765 ILCS 605/18.

Public Act 99-569, effective January 1, 2017

Amends the Common Interest Community Association Act and the Condominium Property Act to provide that any assignment of a developer’s interest in the property is not effective until the successor obtains the assignment in writing and records it. 765 ILCS 160/1-47; 765 ILCS 605/9.5.

Public Act 99-660, effective July 28, 2016

Amends the Residential Real Property Disclosure Act. Deletes language providing that the required copy of a lis pendens may be filed with the Department of Financial and Professional Regulation either electronically or by filing a hard copy. Provides that a lis pendens filed after July 1, 2016 shall be filed with the Department electronically. 765 ILCS 77/70.

Public Act 99-662, effective January 1, 2017

Amends the Uniform Real Property Electronic Recording Act. Provides that the Illinois Electronic Recording Commission shall include 2 additional members who are licensed real estate brokers or managing brokers under the Real Estate License Act of 2000. Provides that 9 (instead of 8) commissioners shall constitute a quorum. Provides that one of the new commissioners shall serve an initial term of 2 years and the other new commissioner shall serve a term of 3 years, to be determined by lot. 765 ILCS 33/5.

Regulated Industries

Public Act 99-536, effective July 8, 2016

Amends the Illinois Power Agency Act to make establishment of the Resource Development Bureau discretionary, and makes related changes. Moves language providing that each year the Illinois Power Agency shall prepare a public report for the General Assembly and the Illinois Commerce Commission that shall include certain criteria associated with the procurement of renewable energy resources from under a provision concerning the renewable portfolio standard to a provision concerning Agency annual reports within the Act. In a provision concerning Agency annual reports: provides that the Agency shall report annually each February 15 (currently December 15) on the operations and transactions of the Agency; removes a provision regarding reporting the quantity, price, and rate of all renewable resources purchased under the electricity procurement plans for electric utilities; and provides that average quantity (rather than total quantity) be used for certain reporting criteria. Makes other changes. 20 ILCS 3855/1-70, 1-75, 1-80, 1-125.

Public Act 99-538, effective January 1, 2017

Amends the Coal Mining Act to add a definition for “recorder.” Makes changes concerning mine examinations, including timing and scope of the examination. Allows for the use of a multi-gas detector, rather than a flame safety lamp, to test for methane or oxygen. Requires examiners to enter the examination report either by calling out the results of the examination to a recorder on the surface or by personally recording the report so it is not susceptible to alteration. Provides that a mine manager shall not act in the capacity of mine examiner while acting as mine manager (formerly only mine managers in any mine employing more than 25 men). Allows for text messages to be used in the working sections of the mine and for emergency communications. Makes other changes. 225 ILCS 705/1.25, 5.06, 5.09, 5.10, 5.11, 6.01, 6.04, 6.05, 6.10, 6.11, 6.12, 6.15, 6.16, 16.11, 25.01, 25.02, 25.04, 25.05, 29.01, 31.03, 31.04, 31.05, 31.06, 31.10, 31.30.

Public Act 99-555, effective January 1, 2017

Amends the Nursing Home Care Act to provide that when a facility submits comments refuting licensure findings, it shall be considered an informal dispute resolution if the findings were not submitted for an informal dispute resolution pursuant to specified federal protocols. Provides that if the Department of Public Health fails to provide a written explanation of the reason or reasons why evidence or arguments submitted for an informal dispute resolution were insufficient to refute the informal dispute resolution findings within 60 days of receiving the informal dispute resolution, then the alleged licensure violation shall be cited, but no penalty shall be imposed. 210 ILCS 45/3-713.5.

Revenue

Public Act 99-517, effective June 30, 2016

Amends the Department of Revenue Law of the Civil Administrative Code of Illinois to provide that moneys in the Tax Compliance and Administration Fund shall consist of deposits provided for in tax laws, reimbursements, or other payments received from units of local government for administering a local tax or fee on behalf of the unit of local government in accordance with the Local Tax Collection Act, or other payments designated for deposit into the Fund. Amends the Retailers’ Occupation Tax Act. In provisions concerning the disclosure of information, provides that the Department of Revenue may furnish certain information to counties as well as municipalities. Provides that, in addition to other information that the Department of Revenue is authorized to disclose, the Department may also disclose the standard classification number assigned to a business. Provides that the Department of Revenue may enter into tax collection agreements with any unit of local government (currently, only counties and municipalities). Contains provisions concerning ordinances or resolutions imposing or discontinuing a tax collected by the Department pursuant to an intergovernmental agreement. 20 ILCS 2505/2505-190; 35 ILCS 120/11; 35 ILCS 720/1.

Public Act 99-571, effective July 15, 2016

Amends the Illinois Income Tax Act, the Illinois Secure Choice Savings Program Act and the Unemployment Insurance Act to provide that the total annual expenses, rather than the annual administrative expenses, shall not exceed 0.75% of the total trust balance. Removes a requirement that the Board prepare a statement of investment policy annually. Provides that the investment policy shall be published on the Board’s or State Treasurer’s website. Provides that small employers’ use of automatic enrollment is subject to federal rules. Makes other changes. Provides that information may be shared among the State Treasurer’s Office, the Department of Revenue, and the Department of Employment Security for purposes of facilitating compliance with and administering the Illinois Secure Choice Savings Program Act. 35 ILCS 5/917; 820 ILCS 80/30, 35, 60; 820 ILCS 405/1900.

Public Act 99-575, effective July 15, 2016

Amends the Illinois Estate and Generation-Skipping Transfer Tax Act to remove a requirement that Illinois transfer tax returns must be filed with the State Treasurer. 35 ILCS 405/6.

Public Act 99-641, effective January 1, 2017

Creates the State Tax Preparer Oversight Act. Provides that, for taxable years beginning on or after January 1, 2017, the Department of Revenue shall require any income tax return preparer to include his or her PTIN on any tax return prepared by the income tax return preparer and filed under the Illinois Income Tax Act or any claim for refund of tax imposed by the Illinois Income Tax Act. Provides that the Department shall develop a program using the PTIN as an oversight mechanism to assess returns, to identify high error rates, patterns of suspected fraud, and unsubstantiated basis for tax positions by income tax return preparers. Provides that the Department may bar or suspend an income tax return preparer for good cause. Provides that the penalty for failing to provide a PTIN is $50 per offense, but not to exceed $25,000 per calendar year. Amends the Illinois Income Tax Act to make conforming changes.

Schools and School Districts

Public Act 99-531, effective July 8, 2016

Amends the Chicago School District Article of the School Code to provide that no later than July 1, 2016 (rather than January 1, 2016), and every 5 years thereafter, the chief executive officer of the district or his or her designee shall prepare and submit for public comment a draft revised Educational Facility Master Plan. 105 ILCS 5/34-210.

Public Act 99-589, effective July 21, 2016

Amends the School Code to provide that not less than 14% of the Early Childhood Education Block Grant allocation of funds (instead of not less than 20% of the grant) shall be used to fund programs for children ages 0-3. Provides that, beginning in Fiscal Year 2016, at least 25% of any additional Early Childhood Education Block Grant funding over and above the previous fiscal year’s allocation shall be used to fund programs for children ages 0-3 and once the percentage of grant funding allocated to programs for children ages 0-3 reaches 20% of the overall grant allocation for a full fiscal year, thereafter in subsequent fiscal years the percentage of grant funding allocated to programs for children ages 0-3 each fiscal year shall remain at least 20% of the overall grant allocation. 105 ILCS 5/1C-2.

Public Act 99-590, effective July 22, 2016

Amends the School Code to provide that, before the 30th day of each school year, beginning with the 2016-2017 school year, every school district shall report to the State Board of Education certain information concerning the administration of assessments to students. Requires the reporting of every reliable assessment that measures a certain group or subset of students in the same manner with the same potential assessment items, is scored by a non-district entity, is administered either statewide or beyond Illinois, and will be administered by each school that school year. Requires the State Board of Education to compile the reported information and make that information available to the public. Requires each school to make that information publicly available to the parents and guardians of its students. 105 ILCS 5/22-82.

Public Act 99-592, effective July 22, 2016

Amends the School Code to provide that a school board may create a committee on the retention of students, consisting of the district superintendent or his or her designee, a district administrator who directs student instruction and curriculum, a principal, and a teacher. Provides that prior to retention in a grade, a school may submit, by a date as set by the committee, the names of all students determined by the school to not qualify for promotion to the next higher grade and the reason for that determination. Requires the committee to review the school’s decision to retain with respect to each student and make a final decision regarding whether or not to retain a particular student. Requires the committee to take into consideration the relevant data and evidence gathered during the Response to Intervention process. Provides that the committee may vote to overturn a retention decision if the committee determines that the student should be promoted after examining the student’s access to remedial assistance, performance, attendance, and participation and the resources and facilities provided by the school district or due to the student having an undiagnosed learning disability. Removes provisions that apply to school districts other than the Chicago school district. 105 ILCS 5/14-6.01.

Public Act 99-596, effective July 22, 2016

Amends the Charter Schools Law of the School Code to require a charter school to comply with all applicable absenteeism and truancy policies and requirements applicable to public schools under the laws of the State of Illinois. Sets forth how a charter school must define a truant, chronic or habitual truant, truant minor, and dropout. 105 ILCS 5/27A-5.5.

Public Act 99-597, effective January 1, 2017

Amends the Chicago School District Article of the School Code. In provisions concerning local school councils, defines “community resident” to mean a person, 17 years of age or older, residing within an attendance area served by a school, excluding any person who is a parent of a student enrolled in that school; provides that with respect to any multi-area school, community resident means any person, 17 years of age or older, residing within the voting district established for that school, excluding any person who is a parent of a student enrolled in that school. 105 ILCS 5/34-2.1.

Public Act 99-600, effective January 1, 2017

Amends the School Code. For admissions purposes, requires each public university in this State to accept the State Seal of Biliteracy as equivalent to 2 years of foreign language coursework taken during high school if a student’s high school transcript indicates that he or she will be receiving or has received the State Seal of Biliteracy. Provides that each public community college and public university in this State shall establish criteria to translate a State Seal of Biliteracy into course credit based on foreign language course equivalencies identified by the community college’s or university’s faculty and staff and, upon request from an enrolled student, the community college or university shall award foreign language course credit to a student who has received a State Seal of Biliteracy. Requires the State Board of Education’s rules to ensure that the criteria that pupils must achieve to earn a State Seal of Biliteracy meet the course credit criteria. Requires students enrolled in a public community college or public university who have received a State Seal of Biliteracy to request course credit for their seal within 3 academic years after graduating from high school. 105 ILCS 5/2-3.159.

Public Act 99-601, effective July 22, 2016

Amends the School Code. Provides that the Attendance Commission’s initial report to the General Assembly and the State Board of Education must be submitted no later than March 15, 2016 (instead of December 15, 2015). 105 ILCS 5/2-3.164.

Public Act 99-602, effective July 22, 2016

Amends the School Code. Sets forth the definition of dyslexia that the State Board of Education must incorporate in both general education and special education (instead of requiring the State Board of Education to adopt rules that incorporate an international definition of dyslexia). 105 ILCS 5/2-3.161.

Public Act 99-603, effective July 22, 2016

Amends the School Code. Requires the State Board of Education to reestablish the reading instruction advisory group abolished on December 15, 2015 to complete the abolished group’s work. Provides that the reestablished advisory group shall complete its work before December 31, 2016 and is abolished on December 31, 2016.

Public Act 99-606, effective July 22, 2016

Amends the Illinois Grant Funds Recovery Act and the School Construction Law. Provides that, notwithstanding the Illinois Grant Funds Recovery Act’s 2-year time limitation on grant fund expenditures, for school energy efficiency grants awarded in 2014, grant funds may be made available for expenditure by a grantee for a period of 4 years from the date the funds were distributed by the State. Provides that any school energy efficiency grant funds not expended or legally obligated by the end of the grant agreement must be returned to the grantor agency within 45 days if the funds are not already on deposit with the grantor agency or the State Treasurer, and such returned funds must be deposited into the fund from which the original grant disbursement to the grantee was made. 105 ILCS 230/5-200.

Public Act 99-611, effective July 22, 2016

Amends the Public Community College Act. Creates the Accelerate College pilot program. Authorizes a community college district board of trustees to enter into an Accelerate College educational partnership agreement with any school district wholly contained within the community college district’s jurisdiction. Provides that an agreement must offer a group of high school students the right to take community college courses without paying tuition for those courses. Provides for the size of the program. Allows community colleges to charge fees limited to the actual operating costs and related student activities. Provides that any coursework completed by high school students in a community college shall be transferrable to all public universities in this State on the same basis as coursework completed by community college students who have previously earned high school diplomas. Requires the Illinois Community College Board to study the effectiveness of the program and to issue an annual report. Repeals the provisions 36 months after the effective date of the amendatory Act. Amends the School Code to make conforming changes. 105 ILCS 5/10-20.58, 34-18.50; 110 ILCS 805/3-42.4.

Public Act 99-616, effective July 22, 2016

Amends the School Code. Provides that, beginning with the 2016-2017 school year, teachers institutes shall include, at least once every 2 years, instruction on the federal Americans with Disabilities Act as it pertains to the school environment. 105 ILCS 5/3-11.

Public Act 99-623, effective July 22, 22016

Amends the Educator Licensure Article of the School Code. Allows for a principal endorsement to be affixed to a Professional Educator License if a person has, among other qualifications, at least 4 total years of experience teaching or 4 total years of experience working in the capacity of school support personnel (instead of at least 4 total years of experience teaching or, until June 30, 2021, working in the capacity of school support personnel). 105 ILCS 5/21B-25.

Public Act 99-624, effective July 22, 2016

Amends the College and Career Success for All Students Act. Provides that scores of 4 or higher for International Baccalaureate Diploma Programme subjects shall be accepted for credit to satisfy degree requirements by all public institutions of higher education. Provides that each institution shall determine for each International Baccalaureate Diploma Programme subject whether credit will be granted for electives, general education requirements, or major requirements and the International Baccalaureate Diploma Programme subject scores required to grant credit for those purposes. Provides that the Board of Higher Education, in cooperation with the Illinois Community College Board, shall analyze each institution’s Advanced Placement examination and International Baccalaureate Diploma Programme subject score course granting policy and research by the conclusion of the 2020-2021 academic year (instead of requiring the Board of Higher Education, in cooperation with the Illinois Community College Board, to analyze each institution’s Advanced Placement examination score course granting policy and research by the conclusion of the 2019-2020 academic year). Provides for publication of the policy before the beginning of the 2017-2018 (instead of 2016-2017) academic year. 105 ILCS 302/30.

Public Act 99-643, effective January 1, 2017

Amends the School Code. Provides that the chairperson of the Illinois P-20 Council may authorize the creation of a working group to focus on tuition, financial aid, and other issues related to keeping postsecondary education affordable for Illinois residents. 105 ILCS 5/22-45.

Public Act 99-647, effective July 28, 2016

Amends the School Code. Requires the State Board of Education to establish a Task Force on Computer Science Education. Sets forth provisions concerning the members of the Task Force, Task Force voting, meetings of the Task Force, support for the Task Force, reporting to the General Assembly, and dissolution of the Task Force. Requires the Task Force to (1) analyze the current state of computer science education in this State; (2) analyze current computer science education laws in other jurisdictions, both mandated and permissive; (3) identify best practices in computer science education in other jurisdictions; (4) make recommendations to the General Assembly focused on substantially increasing computer science education and the capacity of youth to obtain the requisite knowledge, skills, and practices to be educated in computer science; and (5) make funding recommendations, if the Task Force’s recommendations to the General Assembly would require a fiscal commitment. Repeals these provisions on July 1, 2018. 105 ILCS 5/2-3.167.

Public Act 99-657, effective July 28, 2016

Amends the School Code and the School Breakfast and Lunch Program Act. Changes references relating to contractual continued service and the State aid formula in provisions concerning boundary changes, the deactivation of school facilities, cooperative high schools, a pilot cooperative elementary school and pilot cooperative high school, and school district conversions. Makes changes concerning the filing of State aid claims. Makes changes concerning the assessment of professional teaching. Provides for the certification and payment of claims for reimbursement for school breakfast and lunch programs on a quarterly (instead of monthly) basis. Changes the school years in which the State Board of Education and a Balanced Accountability Measure Committee will identify a number of school districts to begin implementing balanced accountability measures from the 2016-2017 school year through the 2021-2022 school year to the 2017-2018 school year through the 2022-2023 school year. Delays the abolishment of the Committee from June 1, 2022 to June 1, 2023. Adds an immediate effective date for the provisions concerning the balanced accountability measures only. 105 ILCS 5/2-3.25a, 7-2a, 7-14A, 10-22.22b, 10-22.22c, 10-22.22d, 11E-110, 18-12, 21B-30; 105 ILCS 125/9.

Public Act 99-667, effective July 29, 2016

Amends the School Code. Provides that no one may be licensed to teach or supervise in the public schools of this State who has been convicted of certain drug offenses until 7 years following the end of the sentence for the offense. Makes changes to provisions relating to the conviction of certain offenses as grounds for revocation of an educator license, including changing the definitions of terms, providing for disqualification for licensure, and providing that suspension of a license or denial of an application for a license of a person who has been convicted of certain drug offenses shall last until 7 years following the end of the sentence for the offense. Makes technical corrections in provisions requiring a criminal history records check to be performed with regard to applicants for employment with a school district. 105 ILCS 5/10-29.1, 21B-15, 80, 34-18.5.

Public Act 99-670, effective January 1, 2017

Amends a Section of School Code concerning pupil residency. Makes changes concerning the determination by a school board, in a school district with a population of less than 500,000, that a pupil who is attending school in the district on a tuition free basis is a nonresident for whom tuition is required to be charged, including the contents of the notice to the person who enrolled the pupil of the amount of the tuition charged that is due, the hearing to review the determination of the school board, the school board’s decision after the conclusion of the hearing, petitioning the regional superintendent of schools to review the school board’s decision, the regional superintendent of schools’ review of the school board’s decision, and the adjustment of State aid payments. Provides that references to days in the Section refer to calendar days. Makes other changes. 105 ILCS 5/10-20.12b.

Special Districts

Public Act 99-499, effective January 29, 2016

Amends the Upper Illinois River Valley Development Authority Act to add Lake County to the territory and as a member of the board of the Authority. Deletes a provision regarding action taken when the moneys of the Authority will not be sufficient for the payment of principal and interest on its bonds. 70 ILCS 530/4, 7.

Public Act 99-507, effective June 24, 2016

Amends the Kaskaskia Regional Port District Act to expand the powers of the District to: file a petition relating to the management of fish and wildlife, recreation, water supply; recover vessels (currently only wrecks); and recover damages for the removal, cleanup, and disposition of wrecks and vessels. Provides that the District may mortgage property and borrow money for a repayment period of 20 years (currently 3 years). Moves the principal office of the District to Red Bud (from Chester). 70 ILCS 1830/1.1, 3, 6, 7.1, 14, 20.2

Public Act 99-510, effective June 24, 2016

Amends the Metropolitan Water Reclamation District Act to expand the corporate limits of the Metropolitan Water Reclamation District. Makes a technical change. 70 ILCS 2605/308, 309.

Public Act 99-665, effective July 29, 2016

Amends the Regional Transportation Authority Act. Removes the limits on borrowing for constructing a new garage in the northwestern Cook County suburbs, converting the South Cook garage in Markham to a Compressed Natural Gas facility, construction new paratransit garage in DuPage County, and expanding the North Shore garage in Evanston to accommodate additional indoor bus parking. Provides that the Suburban Bus Board may also borrow money to purchase new transit buses. 70 ILCS 3615/3A.09.

Public Act 99-668, effective July 29, 2016

Amends the Water Authorities Act. Provides that a water authority may be dissolved upon referendum of the electors of the water authority. Excludes the City of Chicago. Changes the number of electors required to file a petition to dissolve a water authority from 100 to 500. Provides that the business affairs of the water authority shall be closed after approval of a referendum dissolving the water authority and for the disposition of property following dissolution. Provides that where an authority has entered into a multiyear lease on real property assets, the court may order that real property transferred to a unit of local government operating the real property, and may order that the transfer be made without compensation in specified circumstances; changes from 2 years to 4 years how often a petition may be filed to dissolve a water district; provides that bonds issued or contracts entered into by an authority shall be fulfilled or repaid as required under the terms of the bonds or contracts (rather than just discharged). Further provides that any money remaining after the business affairs of the authority have closed up shall be paid proportionately to the township or townships in which the water authority is situated or to the county or counties in the case of any area of the authority that is located outside of a township. 70 ILCS 3715/28.

Public Act 99-669, effective July 29, 2016

Amends the North Shore Sanitary District Act. Changes the title of the Act from the North Shore Sanitary District Act to the North Shore Water Reclamation District Act. Provides that the board may enact ordinances regarding rates or charges for the treatment and disposal of sewage and surface or ground water. Allows the board to impose civil fines, liens, and declare a nuisance regarding unlawful discharge of waste into the sewerage system or any sewer tributary. Provides that the sanitary district may sell, dispose of, or otherwise expend recovered resources and renewable energy resources and may construct, maintain, finance, and operate facilities necessary for this purpose. Further provides that the sanitary district may capture recovered resources and produce renewable energy resources from materials previously discarded. Amends the Special Assessment Supplemental Bond and Procedures Act, the Sanitary District Act of 1917, and the Eminent Domain Act making conforming changes. 50 ILCS 460/10; 70 ILCS 2305/0.1, 0.5, 3, 4, 7.6, 7.7, 11, 18.5, 31; 70 ILCS 2405/17.1; 735 ILS 30/15-5-15.

Special Services

Public Act 99-530, effective January 1, 2017

Amends the Adult Protective Services Act. In a provision concerning regional interagency fatality review teams, provides that each review team shall meet not less than 4 times a year (rather than 6 times a year) to discuss cases for its possible review. 320 ILCS 20/15.

Public Act 99-547, effective July 15, 2016

Amends the Adult Protective Services Act to add State’s Attorney’s offices to the list of persons and agencies granted access, upon request, to records concerning reports of abuse, neglect, financial exploitation, or self-neglect. 320 ILCS 20/8.

Sports and Gaming

Public Act 99-626, effective July 22, 2016

Amends the Property Tax Code. In provisions that require the clerk of the Property Tax Appeal Board to send a copy of the appellant’s petition to the board of review whose decision is being appealed, provides that the petition may be sent by mail or by electronic means (previously, by mail only). Provides that the final administrative decision of the Property Tax Appeal Board shall be deemed served when a copy of the decision is: (1) mailed to the party affected by the decision at the addresses listed in their pleadings or (2) sent electronically to the party affected by the decision at his or her last known e-mail address. Provides that, if any of the parties is represented by an attorney, the notice shall go to the attorney at the address listed in the pleadings. Provides that the Property Tax Appeal Board shall allow each party to designate one or more individuals to receive electronic correspondence and shall allow each party to change, add, or remove designees selected by that party during the course of the proceedings. 35 ILCS 200/16-180, 16-185.

State Agencies, Boards, and Commissions

Public Act 99-639, effective July 28, 2016

Repeals the Illinois Building Commission Act. Abolishes the Illinois Building Commission. Amends the Capital Development Board Act. Transfers the Illinois Building Commission’s function of identifying local building codes to the Capital Development Board. Amends the Energy Efficient Building Act, the Counties Code, the Illinois Municipal Code, and the Hospital Licensing Act to make conforming changes. 20 ILCS 3105/10.18.

Public Act 99-645, effective July 28, 2016

Creates the Youth Unemployment Task Force Act. Creates the Youth Unemployment Task Force, who shall serve without compensation. Provides for the membership of the Task Force. Provides that the Task Force may consult with any persons or entities it deems necessary to carry out its purposes. Provides that the Task Force shall examine the State-wide youth unemployment crisis, and its particular effect on young people of color, including recommendations on how to improve employment among young people of color. Requires the Task Force to submit its findings and recommendations to the General Assembly and the Governor on or before January 1, 2017. Repeals the Act on January 1, 2018. Defines terms.

Public Act 99-649, effective July 28, 2016

Amends the Unmanned Aerial System Oversight Task Force Act. Provides for the appointment of members to the Unmanned Aerial System Task Force by the General Assembly. Provides that the Task Force shall submit a report with recommendations to the Governor and General Assembly no later than July 1, 2017 (rather than July 1, 2016). Provides that the Act is repealed on September 1, 2017 (rather than September 1, 2016). 20 ILCS 5065/15, 20.

Public Act 99-662, effective January 1, 2017

Amends the Uniform Real Property Electronic Recording Act. Provides that the Illinois Electronic Recording Commission shall include 2 additional members who are licensed real estate brokers or managing brokers under the Real Estate License Act of 2000. Provides that 9 (instead of 8) commissioners shall constitute a quorum. Provides that one of the new commissioners shall serve an initial term of 2 years and the other new commissioner shall serve a term of 3 years, to be determined by lot. 765 ILCS 33/5.

State Contracts

Public Act 99-514, effective June 30, 2016

Amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act to provide that except as permitted under this Act or as otherwise mandated by federal law or regulation (rather than notwithstanding any provision of law to the contrary and except as otherwise mandated by federal law or regulation), those who submit bids or proposals for State construction contracts whose bids are successful but that fail to meet the goals shall be notified of that deficiency and shall be afforded a period to cure that deficiency in the bid or proposal. Extends the repeal of the Act from June 30, 2016 to June 30, 2020. 30 ILCS 575/4, 9.

Public Act 99-552, effective July 15, 2016

Amends the Procurement Code to provide that after the effective date of the amendatory Act, a public entity shall not enter into a contract to purchase food with a bidder or offeror if the bidder’s or offeror’s contract terms prohibit the public entity from donating food to food banks, including, but not limited to, homeless shelters, food pantries, and soup kitchens. Amends the School Code to make a similar change. 30 ILCS 500/55-20; 105 ILCS5/10-20.21.

State Employees

Public Act 99-652, effective January 1, 2017

Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois and the Department of Labor Law of the Civil Administrative Code of Illinois. Provides that the Department of Employment Security rather than the Department of Labor shall monitor the employment progress of women and minorities in the workforce and report to the General Assembly in the form of a biennial report by April 1 of each even-numbered year. Amends the Nurse Agency Licensing Act. Requires the nurse agency to check the Health Care Worker Registry (rather than contact the Department of Public Health) before employing, assigning, or referring a certified nurse aide to verify that the certified nurse aide is eligible to be hired by health care employers or long-term care facilities pursuant to the Health Care Worker Background Check Act.

State Matters

Public Act 99-545, effective January 1, 2017

Amends the State Designations Act to designate the pirogue as the official State artifact of the State of Illinois. 5 ILCS 460/63.

Tobacco

Public Act 99-496, effective June 1, 2016

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Makes technical changes concerning the penalties for violations concerning the selling, offering for sale, giving, or furnishing alternative nicotine products to persons under 18 years of age. Changes the fines for second or subsequent violations of a minor possessing an alternative nicotine product. Excludes reporting possession violations to the Department of Revenue. Provides that the distribution of moneys collected as fines for these violations shall be distributed in the following manner: (1) one-half of each fine shall be distributed to the unit of local government or other entity that successfully prosecuted the offender; and (2) one-half shall be remitted to the State to be used for enforcing the Act. 720 ILCS 675/1.5, 2.

Townships

Public Act 99-498, effective January 29, 2016

Amends the Township Code to provide that a township shall not be required to conduct more than one cost study in a 60 month (currently 24 month) period before changing water or sewer rates. Further provides for cost study payment in advance from a township, village, and municipality whose mayor or president requested the cost study or from customers who signed a petition requesting a cost study. 60 ILCS 1/205-140.

Public Act 99-546, effective July 15, 2016

Amends the Township Code to provide that a person is not eligible to hold any office if that person, at the time required for taking the oath of office, has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony. 60 ILCS 1/55-6.

Unclaimed Property

Public Act 99-556, effective July January 1, 2017

Amends the Uniform Disposition of Unclaimed Property Act to provide that a United States Savings bond shall be presumed abandoned when the bond has remained unclaimed and unredeemed for 5 years after its date of final extended maturity. Provides that presumed abandoned and unclaimed bonds escheat to the State. Establishes a procedure by which the State Treasurer may obtain a judicial determination that the bond has escheated to the State. 765 ILCS 1025/8.1.

Public Act 99-577, effective January 1, 2017

Amends the Uniform Disposition of Unclaimed Property Act to decrease the duration from 7 years to 5 years for unclaimed property held by any federal, State, local government or governmental entity to be presumed abandoned. 765 ILCS 1025/8, 8.1.

Universities and Colleges

Public Act 99-624, effective July 22, 2016

Amends the College and Career Success for All Students Act. Provides that scores of 4 or higher for International Baccalaureate Diploma Programme subjects shall be accepted for credit to satisfy degree requirements by all public institutions of higher education. Provides that each institution shall determine for each International Baccalaureate Diploma Programme subject whether credit will be granted for electives, general education requirements, or major requirements and the International Baccalaureate Diploma Programme subject scores required to grant credit for those purposes. Provides that the Board of Higher Education, in cooperation with the Illinois Community College Board, shall analyze each institution’s Advanced Placement examination and International Baccalaureate Diploma Programme subject score course granting policy and research by the conclusion of the 2020-2021 academic year (instead of requiring the Board of Higher Education, in cooperation with the Illinois Community College Board, to analyze each institution’s Advanced Placement examination score course granting policy and research by the conclusion of the 2019-2020 academic year). Provides for publication of the policy before the beginning of the 2017-2018 (instead of 2016-2017) academic year. 105 ILCS 302/30.

Public Act 99-636, effective January 1, 2017

Creates the Illinois Articulation Initiative Act. Requires all public institutions of higher education to participate in the Illinois Articulation Initiative through submission and review of their courses for statewide transfer consistency. Requires (i) all sending and receiving institutions to maintain a complete Illinois Articulation Initiative General Education Core Curriculum package; (ii) all institutions to maintain up to 4 core courses in an Illinois Articulation Initiative major, provided the institution has equivalent majors and courses; and (iii) all institutions to provide faculty, as appointed by the Board of Higher Education and the Illinois Community College Board, to serve on panels in the review of courses. Provides that all courses approved for Illinois Articulation Initiative codes must be transferable either as a part of the General Education Core Curriculum package. Provides that students receiving the General Education Core Curriculum package must not be required to take additional freshmen or sophomore level general education courses. Provides that all public institutions of higher education shall determine if Illinois Articulation Initiative major courses are direct course equivalents or are elective credit toward the requirements of the major. Provides that if the receiving institution does not offer the course or does not offer it at the lower-division level, the student shall receive elective lower-division major credit toward the requirements of the major for the course and may be required to take the course at the upper-division level. Provides that the Board of Higher Education and the Illinois Community College Board shall co-manage the specific requirements of the General Education Core Curriculum. Provides that panels may be convened across other fields as determined by the Board of Higher Education and the Illinois Community College Board. Makes other changes.

Public Act 99-650, effective July 28, 2016

Amends the Adult Education Act with respect to Area Planning Councils. Makes changes concerning membership on an Area Planning Council, the election of officers and the development of bylaws, the chairperson of the Council, and the designation of sub-areas within a Council district. Requires the Illinois Community College Board to determine the guidelines for the bylaws and operation of a Council. Removes provisions concerning joint Councils and Councils for school districts not included within the boundaries of a community college district. Makes changes concerning an Area Adult Education Plan and the Board’s annual report to the Governor and the General Assembly for adult education. 105 ILCS 405/2-4.

Public Act 99-655, effective July 28, 2016

Amends the State Finance Act, the Board of Higher Education Act, and the Public Community College Act. Provides for the Board of Higher Education’s master plan for community colleges to be made in cooperation with the Illinois Community College Board (ICCB). Provides that community college performance metrics must be adopted by ICCB by rule. Removes the need for approval from the Board of Higher Education or for ICCB approval with respect to certain community college provisions. Removes provisions requiring uniform financial accounting and reporting standards and principles for community colleges and requiring ICCB to file copies of uniform financial statements from audit reports with the Board of Higher Education. Requires a community college district to report administrator and faculty salaries and benefits to ICCB instead of the Board of Higher Education. Repeals Sections concerning a State university and college information system, an annual community college education study and report, the Academic Improvement Trust Fund for Community College Foundations, adverse court decision grants, State Community College District No. 601, and a mobile response workforce training pilot program. Removes language requiring the Executive Director of the Illinois Community College Board to approve projects and estimated amounts with respect to levying a tax to alter or repair community college facilities. Removes language requiring the Board to approve the project and estimated amount to borrow money for certain alterations or repairs to community college facilities. Provides that the Board shall set through administrative rule (rather than shall prepare and enforce) regulations and specifications for minimum requirements for certain renovations to community college property. 30 ILCS 105/5.528; 110 ILCS 205/6, 6.2, 8;110 ILCS 805/2-12, 3-2, 3-3, 3-20.3.01, 3-22.1, 3-29.8, 3-36, 3-37, 3-38, 3-40, 5-11; 110 ILCS 805/2-10, 2-19, 2-23, 2-16.05, 2-18a (repealed).

Public Act 99-691, effective January 1, 2017

Amends the Public Community College Act. Provides that recognition shall include a review of compliance with applicable State and federal laws regarding employment contracts and compensation. Provides that the Illinois Community College Board shall convene an advisory committee to review the findings and make recommendations for changes or additions to the laws or review procedures. Makes a technical change. 110 ILCS 805/2-15.

Public Act 99-692, effective January 1, 2017

Amends the Public Community College Act. Requires all community college district board trustees who have been elected or appointed after the effective date of this amendatory Act or appointed to fill a vacancy of at least one year’s duration of an elected trustee after the effective date of this amendatory Act, to complete a minimum of 4 hours of professional development leadership training covering topics that shall include, but is not limited to, open meetings law, community college and labor law, freedom of information law, contract law, ethics, sexual violence on campus, financial oversight and accountability, audits, and fiduciary responsibilities of a community college trustee during the first, third, and fifth year of his or her term. Provides that the community college district shall maintain on its Internet website, if any, the names of all elected or appointed voting trustees of the board who have not successfully completed the training. Provides that the training may be provided by an association established for the purpose of training community college district board trustees or by other qualified providers approved by the Illinois Community College Board. Requires a board member to certify completion of the training to the secretary of the board. Provides that if a board member does not satisfy all of the requirements or the certification indicates that a board member has not completed the training, the secretary shall send a notice to all elected or appointed members serving on the board and the president or acting chief executive officer of the community college of that fact. 110 ILCS 805/3-8.5.

Public Act 99-693, effective January 1, 2017

Amends the Public Community College Act. Provides that, beginning 45 days prior to the Tuesday following the first Monday of April in odd-numbered years until the first organizational meeting of a new board of trustees of a community college district, no addendum to modify or amend an employee agreement between a district and the district’s president, chancellor, or chief executive officer may be agreed to or executed, nor may an employment contract be made and entered into between the board of an established community college district and a president, chancellor, or chief executive officer. Provides that if the current board must take such action at any time during the 45 days prior to the Tuesday following the first Monday of April in odd-numbered years until the first organizational meeting of the new board due to a reasonable emergency (a defined term), then that action must be terminated on the 60th day after the first organizational meeting, unless the new board, by resolution, reaffirms the agreed-upon addendum or new employment contract. 110 ILCS 805/3-8.

Public Act 99-694, effective January 1, 2017

Amends various Acts relating to the governance of public universities in Illinois and the Public Community College Act. Sets forth provisions governing employment contracts of the president or all chancellors entered into, amended, renewed, or extended after the effective date of this amendatory Act. With respect to employment contracts entered into with the president or all chancellors of a public university, sets forth provisions concerning severance, start and end date, and automatic rollover clauses. Provides that public notice given prior to action on the formation, renewal, extension, or termination of employment contracts must be compliant with the provisions of the Open Meetings Act and must include a copy of the governing board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president’s or all chancellors’ appointments. Provides that any performance-based bonus or incentive-based compensation to the president or all chancellors of the university or community college must be approved by the governing board in an open meeting. Provides that severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or chancellors of the community college related to their employment. Provides that the criteria and goals upon which the bonus or incentive-based compensation for a president or all chancellors of a community college is based must be made available to the public no less than 48 hours before board approval of the performance-based bonus or incentive-based compensation. Makes related changes.110 ILCS 305/90, 95; 110 ILCS 520/75, 80; 110 ILCS 660/5-185, 5-190; 110 ILCS 665/10-185, 10-190; 110 ILCS 670/15-185, 15-190; 110 ILCS 675/20-190, 20-195; 110 ILCS 680/25-185, 25-190; 110 ILCS 685/30-195, 30-200; 110 ILCS 690/35-190, 35-195; 110 ILCS 805/3-70, 3-75.

Public Act 99-695, effective January 1, 2017

Amends the Board of Higher Education Act. Provides that the Board of Higher Education shall require every voting member of the governing board of a public university appointed for a term beginning after January 1, 2016 to complete a minimum of 4 hours of professional development leadership training covering topics that shall include, but are not limited to, public university and labor law, contract law, ethics, sexual violence on campus, financial oversight and accountability, audits, and fiduciary responsibilities of a member of a governing board within 2 years after beginning service and within every 2 years of service thereafter. Provides that a public university shall maintain on its Internet website the names of all voting members of the governing board who have successfully completed the training. Provides that after the effective date of this amendatory Act, by July 31 of each year, the chairperson of each governing board shall certify to the Board the number of hours of training that each member received during the preceding fiscal year. Sets forth provisions providing for if a board member has not completed the training. Provides that the training may be provided by the Board or by other qualified providers approved by the Board. 110 ILCS 205/13.

Wrongful Death Act

Public Act 99-587, effective January 1, 2017

Amends the Wrongful Death Act to provide that the amendatory Act may be referred to as Molly’s law. Provides that an action may be brought within 5 years from the date of the death if the death is the result of violent intentional conduct or within one year of the final disposition of the criminal case if the person is charged with: first degree murder; intentional homicide of an unborn child; second degree murder; voluntary manslaughter of an unborn child; involuntary manslaughter or reckless homicide; involuntary manslaughter or reckless homicide of an unborn child; or drug-induced homicide. Provides that the new provisions extend the statute of limitations only against the individual who allegedly committed a violent intentional act or was the defendant charged with one of the specified crimes. Provides that the new provisions do not extend the statute of limitations against any other person or entity. Provides that the changes apply to causes of action arising on or after the effective date of the amendatory Act. 740 ILCS 180/2.

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October 2016Volume 18Number 1PDF icon PDF version (for best printing)