Shelbyville Daily Union

January 2, 2014

Hundreds of new laws to go into effect


CNHI

SHELBYVILLE, IL. —

SPRINGFIELD - Hundreds of new laws are scheduled to go into effect January 1, 2014. While some high profile votes received the headlines, other lesser-known laws fell under the radar. Here is a complete list.

HB 1650 Requires commercial fishermen to acquire sport licenses if they wish to sport fish  and expands the definition of commercial fishing devices to include watercraft

SB 1042 Waives liability rules for landowners who allow people onto their property for a variety of nature and recreation activities as long as they don't charge a fee

 HB 0533 Extends the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act and makes changes to the licensure process

HB 0595 Changes definitions, legislative intent, licensing, and other qualifications for a

variety of nature and recreation activities as long as they don't charge a fee

HB 1217 Extends a portion of the Plumbing License Law and changes the number of licensed plumbers irrigation contractors have to employ to install a sprinkler system

HB 1338 Prohibits IDPFR from printing the home addresses on licenses and certificates that business owners are required to display to their customers

HB 1571 Allows certain insurance companies to invest in government-issued bonds

HB 2210 Changes definition of "school" for Barbers, Cosmetologists, Esthetics, Hair Braiding and Nail Techs

HB 2508 Prohibits motorcycle manufacturers from requiring franchisees to install certain components, buy only that manufacturers' parts, display manufacturer-made parts specially or change facilities

HB 2616 Allows funeral home owners to have personal contact with consumers while a funeral director is present

HB 2623 Allows municipalities to require energy providers to disclose the fuel type

HB 2649 Requires Dept of Labor to notify employers of violations and penalties for violating the Employee Classification Act, as well as the timeframe to request hearings

HB 2721 Updates qualifications, testing and the application process for certified shorthand reporters/stenographers

SB 0092 Creates new licensing requirements for real estate auctions

SB 2101 Requires (under certain circumstances) a mobile home park's licensee or owner to disclose information regarding methamphetamine production to potential mobile home buyers

SB 2186 Amends Article 4A to provide that it shall continue to apply to remittance transfers that are outside of EFTA coverage

SB 2243 Excludes electricity from being classified as tangible personal property for purposes of Illinois' sales tax

SB 2255 Allows the Coal Mining Act to allow the Office of Mines and Minerals to administer a mine electrician certification program 

SB 2306 Allows an employer to obtain account information or access an employee's social networking website if the account is a professional account and the access is necessary for the employer to comply with certain laws

SB 2339 Requires joint insurance pools to file an opinion by an independent actuary that the pool's reserves are adequate for the payment of claims with the Director of the Dept. of Insurance

HB 2473 Courts may not use officers to bring a defendant hearing (a "body attachment order") for failure to pay child support

HB 3128 Strips parental rights from fathers when the child is conceived by sexual assault

SB 1044 Makes a variety of changes to the code of civil procedure Civil Law

SB 1207 Allows accused perpetrators under the Abused and Neglected Child Reporting Act to ask DCFS to amend or remove their report if they were found not guilty; provides for hearings and changes the deadline for filing

SB 1287 Prohibits felons who threatened or harmed minors from becoming the guardians of disabled people

SB 1399 Takes out the statute of limitations for child sexual abuse cases concerning the awarding of damages going forward

SB 1606 Specifies how condominium associations can change their governing rules 

SB 1912 Makes certain changes regarding settlements in actions for money damages; specifically requiring a settling defendant to pay all sums due under a settlement agreement within 21 days after the plaintiff returns the executed release

SB 1953 Redefines "net income" for the purpose of Public/Private Venture (PPV) Housing 

 HB 0049 Prohibits the sale of devices that steal credit card information 

HB 0188 Tanning is not permitted for anyone under the age of 18 

HB 0576 Requires water utilities with greater than 15,000 customers to notify customers of potential bill impacts, previous rate increases, dates of increases, options to install separate water and sewer meters and water conservation tips

HB 1323 Allows IDFPR to set fines under the Payday Loan Reform Act and Consumer Installment Loan Act

HB 1327 Extends the period that certain information must be posted on physician's public profiles from five to 10 years

HB 1545 Prohibits title insurance agents from having felony convictions for theft or dishonesty

HB 3300 Requires insurance providers to send claims notices to a different address at a patient's request if mailing confidential medical information to the policyholder's address could endanger the patient

HB 3380 Allows the parent or guardian of a minor or the court-appointed guardian of a person with a disability to request a freeze on the dependent's credit report

SB 1639 Allows the buyer of a pet with an undisclosed illness to receive a refund, a replacement or reimbursement for reasonable veterinary costs; requires pet shops to report disease outbreaks

SB 1829 Requires the disclosure of fees for reloadable prepaid cards to be done in written or electronic form

HB 0131 Requires law enforcement to record certain info on persons in which a stun gun or taser was used and shall report that data bi-annually

HB 0181 Additional child pornography fines remitted to the state police, not the treasurer

HB 0801 Extends aggravated assault to an attack on an on-duty nurse, makes it a Class 3 felony

HB 0804 Creates the offense "failure to report sexual abuse of a child;" expands the definition of sexual penetration

HB 0821 When a court issues a certification of innocence it must also enter an expungment order with the state police

HB 0827 Requires state's attorneys to notify victims and their family members of their rights to testify at sentencing hearings

HB 0830 Allows default fees to include court costs

HB 0958 Increases the penalties for domestic battery if the defendant has prior convictions

HB 1063 Prosecution for certain sex crimes involving minor victims may commence at any time if corroborating physical evidence is available or a mandated reporter failed to report the crime

HB 1199 Prohibits using electronic tracking devices on vehicles without the consent of the owner or a legitimate law enforcement purpose

HB 1309 Increases the penalty for assault if one audio or video records the assault with the intent of disseminating the recording

HB 2404 Makes "minors" persons 17 and under instead of 16 and under for the purposes of delinquency and criminal records

HB 2471 Requires child sex slave victims' names, initials or descriptions to be disclosed in court records

HB 2590 Employers can seek an order of protection to protect an employee

HB 2647 Possession of each individual item of child pornography counts as a separate violation; allows judicial discretion on sentencing for child pornography involving minors over the age of 13

HB 2893 Creates a Crimes Against Police Advisory whenever a police officer is injured, killed or missing as a tool to locate the suspect or officer

HB 2905 Increases the penalty for unlawful clouding of title

HB 3010 Allows for second chance probation under the criminal code for those who are convicted of a drug charge and it is their first offense; this does not apply to violent offenders or crimes of deceptive practice or fraud

HB 3011 Removes statue of limitation for residential arson Criminal Law

HB 3023 Restricts child sex offenders from loitering within 500 feet of a publicly accessible playground on private property

HB 3029 Allows the notice of a release of a prisoner that had a felony charge to be emailed to the state's attorney, sheriff, etc.

HB 3038 Parents/guardians cannot be sued for eavesdropping on electronic communications of minors in their care 

HB 3061 Allows convicted criminals to petition the courts to seal the records of a variety of non-violent crimes

HB 3172 Removes state's attorneys from the list of parties that can object to a continuance in a case involving a minor

SB 0039 If someone is arrested for a violent crime the judge can confiscate their passport if granted bail 

SB 1005 Creates harsher sentences for criminals accused of using electronic communications to create flash mobs

SB 1006 Requires law enforcement to tape juveniles during interrogations relating to certain violent crimes

SB 1170 Prohibits owning poached or illegally taken animals or parts of animals if it is illegal to take the animal in the jurisdiction it was taken from

SB 1192 Allows the Department of Juvenile Justice to provide aftercare services offered by the pilot program to paroled juveniles statewide

SB 1609 Includes threatening a human service provider under the offense of threatening a public official

SB 1620 Makes it illegal to wantonly waste or destroy usable meat from game animals

SB 1735 Increases the penalty for driving on a revoked or suspended license and causing an accident that causes bodily harm

SB 1814 Adds child abduction involving luring of a child to the list of offenses for which evidence of the prior commission of that offense or other enumerated offenses may be introduced at trial to prove a propensity of the accused

SB 1843 Clarifies how probation fees are collected when a case is transferred from one jurisdiction to another

SB 1849 Requires alleged drunken drivers who are in an accident that causes death or injury to cover the cost of blood tests up to $500

SB 1851 Provides that a prosecution for the offense of unauthorized video recording may be commenced within one year after the discovery of the offense by the victim of that offense

SB 1852 Allows a peace officer to conduct temporary questioning or make an arrest outside of his/her jurisdiction if the officer becomes aware of the immediate commission of a criminal offense

SB 1854 Amends the definition of "imprisonment" to include electronic home detention when an offender in the sheriff's custody is placed in an electronic home detention program; also establishes that placement in electronic home detention may satisfy the minimum term of imprisonment requirements

SB 1968 Allows certain criminal prosecution cases for theft and deception to use video conferencing on foundation testimony

SB 2231 Increases the criminal penalty for defacing property that memorializes police officers, firefighters, members of the Armed Forces, National Guard or veterans

HB 0923 Establishes new reporting requirements for construction contractors that make payments to entities that are not classified as employees

HB 2613 Establishes that unused money for capital projects must stay in the fund and cannot be used for any other purpose

HB 0064 Makes it illegal for schools to ask for/demand a student's social networking password without cause; requires parental notification for elementary and secondary school students

HB 0129 Permits school boards to designate the first Monday in October each year as "Bring Your Parents to School Day" to promote parental involvement

HB 0160 Extends the time period school districts (other than CPS) have to transfer money between specified funds;

HB 0490 Requires those seeking a Professional Educator License to pass a basic skills test after completing an educator preparation program (Instead of requiring the test before entering an educator preparation program)

HB 2675 Any public school sex-ed course offered to 6th-12th graders must cover both abstinence and contraception

HB 2768 Increases the interaction between a school's principal and law enforcement agencies involving gang activities

HB 3070 Extends teacher and counselor training to include signs of mental illness

HB 3190 Requires proof of meningitis vaccination for students entering 6th and 12th grade

SB 1762 Makes several changes to mandates and evaluations of teachers resulting from SB 7

HB 0226 Allows 17-year-olds to vote in a primary if they will be 18 by the following general election

HB 1745 Limits electrical aggregation opt-out referendums to unincorporated parts of counties that lack an electrical aggregation ordinance

HB 2036 Requires the IEPA to establish maximum time limits for processing permit applications

HB 3243 Adds cigarettes to the legal definition of litter

SB 0105 Allows electric utilities to provide market settlement service

SB 0850 Grants a temporary exemption for a specific landscape and food waste processor

from pollution control facility statutes

SB 1925 Requires the IEPA to consider past actions of an asphalt shingle recycling company before issuing permits; prohibits issuing permits in cases where an owner/operator has a history of environmental neglect

SB 2226 Forbids landfill owners from accepting asphalt shingles for disposal when there is a recycling center within 25 miles of the landfill

HB 2943 Requires lobbyists to disclose their ultimate employers

HB 2955 Requires the state budget to be published in its entirety on GOMB's website within 60 days of enactment

SB 2380 Prohibits state grant recipients and their employees from knowingly using grant

funds for political activities or to compensate for time spent on political work

HB 2659 If the courts determine a child needs to be placed in foster care, it does not

constitute a judicial determination on the merits of an administrative appeal

HB 2809 Updates definitions of interstate and inter-county adoptions

HB 2992 Parents in a joint-custody relationship must first offer the other parent the option of temporarily caring for a child before seeking third-party child care

SB 1565 Provides that any time after the appointment of a temporary custodian, a court may vacate any short-term guardianship for the minor, provided the vacation is consistent with the minor's best interests

SB 1686 Changes the definition of an unfit person in the adoption act

HB 0996 Extends the charitable gaming license period to two years and allows more charitable gaming in the same venue

HB 1140 Prohibits non-gambling video gaming terminals for gambling purposes Gaming

HB 2506 Requires horse racing facilities to have at least 2 AEDs accessible on the

backstretch while workers are present

HB 0001 Allows for the use medical marijuana in the treatment of debilitating medical

conditions if certain conditions are met

HB 0061 Repeals the requirement that IDPH give notice of the identity of a child diagnosed with HIV/AIDS to the principal of the school in which the child is enrolled

HB 1046 Incarcerated persons may apply for medical assistance within 30 days of their release

HB 1052 Limits written collaborative agreements concerning advanced practice nurses

HB 1458 Custodian of another person can petition the court to institutionalize the person and allows police officers to take them directly to the institution, instead of a hospital

HB 1809 Expands the list of impairments that qualify a person as disabled, including mobility limitation resulting from cancer or its treatment

HB 2199 Requires Illinois State Diabetes Commission to report to the General Assembly once every 2 years

HB 2339 Amends Illinois' organ donation law; updates definitions

HB 2452 Care providers in a health care facility must wear an ID badge

HB 2640 Allows for the reimbursement for the removal of tattoos received by victims of human trafficking

HB 2760 Allows doctors licensed outside Illinois to oversee home health care as long as the direct caregivers are licensed in Illinois and the oversight is being transferred to an Illinois doctor within 6 months

HB 2996 Changes the definitions, referral requirements and educational requirements for occupational therapists and their assistants

HB 3175 Requires the Dept. of Public Health to start a campaign to inform breast cancer patients about programs available to help with breast reconstruction/prostheses

HB 3191 Requires hospitals to create flu and pneumonia immunization policies

SB 1217 Allows dentists to give vaccinations if they meet certain training requirements

SB 1226 Requires all autopsies to determine if epilepsy or a seizure was the cause of death; requires SUDEP to be listed as the cause of death for infants who are suspected to have died from SUDEP

SB 1496 Extends the Medical Practice Act and makes various administrative changes

SB 1847 Eliminates a presumption that certain illnesses and conditions arise out of and in the course of employment for EMTs or paramedics that are employed by a private employer if the employee spends the preponderance of the time engaged in medical transfers

SB 1876 Replaces "therapeutic optometrist" with "optometrist" in an act concerning lab  

SB 2314 Requires those who provide mammography services to notify their patients if they have dense breast tissue in an effort to educate women about the issue

SB 2353 Any care facility that is a chain must submit the same paperwork to Illinois that it submits to the federal government

HB 3067 Adds an exception changing how community colleges form contracts for purchasing perishable food and beverages

HB 2527 Requires an open meeting and vote before a residential housing co-op can be dissolved

HB 2401 Allows the Redeploy Illinois Oversight Board to authorize the Dept. of Human Services to turn over its responsibilities under Redeploy Illinois to Cook County

HB 2517 Allows veterinarians to dispense drugs in emergency situations  

HB 0922 Extends the reporting and record keeping timeframe of prevailing wages for state public works contractors from to 5 years

HB 2540 Public bodies must post the Dept. of Labor prevailing wage no later than July 15 of each year

HB 3223 Requires contractors to submit certain payroll records to the Dept. of Labor, including wage information, overtime rates, fringe benefit rates, and the sponsor and administrator of fringe benefit plans

SB 1568 Provides for the imposition of fees to the Department of Labor when an employer is ordered to pay wages, final compensation or wage supplements; Provides the amount of the fee to increase based on the amount of unpaid wages

SB 1830 Clarifies that the Illinois Labor Relations Board shall have the authority, not the obligation, to set compensation levels and establish procedures for suspension or dismissal of mediators selected by state and local panels

HB 0438 Allows Hamilton County to use the tax for emergency ambulance service to pay for 911 services; subject to voter referendum

HB 0983 Changes the backdoor referendum petition requirements for certain bonding decisions downstate

HB 2239 Allows a sanitary district that missed a deadline to appoint a trustee  

HB 2856 Requires the Illinois Commerce Commission to create and publish a navigable directory of 911 systems and all local emergency response authorities

SB 1826 Allows municipalities to accept documents with an electronic signature

SB 1869 Provides the corporate authorities of cities and villages must also maintain storm sewers, detention basins and retention basins for drainage purposes

SB 1950 Allows any level of local government to invest in another unit of government's bonds

SB 1534 Allows individuals who opt into a state or local government's deferred compensation program to participate in Roth IRAs and rollover plans

HB 0083 Puts requirements in place for lawfully tethering a dog outdoors Public Safety

HB 0702 Creates exemption and rules for used needles to be disposed Public Safety

HB 3081 Creates a $50 mandatory minimum fine for littering Public Safety

HB 3388 Provides a training program in animal fighting awareness and humane response for law enforcement officers; includes nonlethal techniques for subduing dogs

SB 0722 Allows people at wineries to seal and take home one bottle of opened wine

SB 0923 Establishes that school districts may elect to have cameras on their school buses to track drivers who pass stopped school buses that have their arms extended

HB 1206 Exempts property owned by the executive board of the Mutual Aid Box Alarm System from taxation

HB 3157 Allows various changes to how businesses file tax returns with Illinois

SB 1737 Allows county tax collectors to collect and assess fees on unpaid taxes that were not collected due to administrative error

SB 1772 Imposes a 5% tax on automobile rentals for periods of less than one year with a corresponding exemption from sales tax for these vehicles

HB 0948 Requires the Department on Aging to establish a centralized Adult Protective

Services Helpline to report abuses; consolidates investigations of abuse of the elderly and adults with disabilities under Aging

HB 0198 Creates the Illinois Police K-9 Memorial Fund, allows for the issuance of memorial license plates and allows distribution of the money in the fund to pay for the construction of a police K-9 memorial monument

HB 0981 Expands the Illinois Insurance Guaranty Fund board of directors to include two

additional public members appointed by the director of Insurance

HB 1462 CDB must update the Illinois accessibility code to incorporate 2010 ADA standards State

HB 1552 Removes requirements on Dept of Insurance to mail quarterly invoices to companies

HB 1683 Whenever a state mental health facility or developmental disabilities center is closed, DHS must transfer funds from the closed facility to the appropriate line item providing funds for the new venue

HB 1773 Common Interest Community Association may not enter into a contract with certain board members

HB 1854 Requires flags to be flown at half-staff for EMS workers killed in the line of duty

HB 2423 Exempts doctors from facility regulations if their practice is in an existing hospital/medical facility

HB 2947 Requires the budget to indicate if there is a surplus, deficit or if it is balanced, based off of estimates; also must include estimate of unrefunded tax overpayments

HB 3003 Creates the Childhood Cancer Research Board; restricts reimbursement of members for work-related expenses unless funds become available

HB 3047 Creates Office of New Americans under the governor's office to assist immigrants and their families

HB 3049 Shifts Latino Family Commission Act to DHFS from Public Aid; adds a liaison from Labor and outlines where funding comes from

HB 3270 Creates the Hispanic Employment Plan Advisory Council and requires CMS to consult with it when preparing its State Hispanic Employment Plan

SB 0115 Makes it a crime to accept payment for altering a criminal record

SB 1216 Makes money in the Fraternal Order of Police Fund subject to appropriation by the General Assembly and distribution by the secretary of state

SB 1321 Strikes several measures relating to prostate and testicular cancer from DPH's annual report

SB 1670 Requires CMS to provide uniform forms to state agencies to report certain workforce characteristics; requires such data to be made publicly available

SB 1693 Allows peace officers to provide their work address when applying for an ID, driver's license or instruction permit

SB 1723 Amends the Capital Development Board Act changing the selection process of works of art for display in public buildings and makes technical changes to the establishment of design-build committees

SB 2106 Creates a working group to develop a plan to make the state budgeting process the most transparent in the nation

SB 2169 Allows the Department of Revenue to deny a certificate of registration to any applicant if any owner, partner, manager, etc. is in default on state taxes or fees

SB 2381 Requires the chief information officer to work with each state agency to develop information systems to accurately report on the management and administration of grant funds

HB 0167 Allows for the issuance of Prince Hall Freemasonry license plates, with certain fees for special plates to be deposited into the Master Mason Fund

HB 0774 Allows certain IDOT vehicles to have red and blue emergency lights, only to be used while responding to emergencies

HB 0989 Creates public safety license plates to help fund public safety diving and water rescue services

HB 1009 Prohibits the Secretary of State from issuing a driver's license to people under 18 if they have an unresolved traffic citation; allows prosecutors to petition the court to have the driver's licenses of minors convicted of accidents involving a death or serious injury invalidated

HB 1238 Creates H Foundation Committed to a Cure for Cancer special license plates

HB 1247 Prohibits using cell phones for any purpose while driving; exempts GPS systems and hands-free devices

HB 1460 Expands definition of automobile service contracts and road hazards

HB 1529 Creates the retired law enforcement license plates and creates a fund for the money collected from them to be deposited into

HB 1539 Allows authorities to certify people as traffic controller for specific events, giving them the same authority as police officers, firefighters and crossing guards for directing traffic

HB 1810 Creates Legion of Merit Award license plates Transportation

HB 1814 Separates speeding in a work zone into two offenses: when workers are present and when workers are not present

HB 1815 Creates Diabetes Awareness license plates; fees go to the Diabetes Research Checkoff Fund

HB 1817 Creates Illinois Police Benevolent and Protective Association license plates; fees go to the Illinois Police Benevolent and Protective Association Fund

HB 2310 Cement mixing trucks manufactured and registered before 2025 are may follow maximum weight limits

HB 2382 Requires IDOT to put up signs for businesses that are open during construction projects explaining alternative routes and locations

HB 2393 No longer requires that vehicle insurers send new copies of policyholder information each time an insured individual renews his or her insurance

HB 2585 Creates an aggravated offense for driving while using a cell phone for both misdemeanors and felonies if the usage results in death or serious injury

HB 2641 Allows fire department vehicles to have permanent registration license plates

HB 2695 Requires the state to purchase vehicles that are electric or powered by natural gas after Jan. 1, 2016; provides for the construction of charging stations and requires that 25% of state police vehicles must use alternative fuels

HB 2754 Creates National Wild Turkey Federation and Curing Childhood Cancer license plates; fees go to respective funds

HB 2773 Creates a graduated payment schedule based on previous year's sales for the Car Dealer Recovery Trust Fund fee

HB 2777 EMS vehicle renewals may be at least every 4 years and require annual inspections Transportation

HB 2822 Creates Alzheimer's Awareness license plates; fees go to the Alzheimer's Disease and Related Disorders Association

HB 3367 Exempts bicycles from the prohibition on 2 wheeled devices passing on the right of another vehicle not propelled by human power

SB 0925 Removes limits on how long employers can require an employee to operate a motor vehicle

SB 1214 Allows the Toll Highway Authority to publish the names of toll violators if they owe more than $1000 and after other avenues to collect have been taken

SB 1294 Reduces penalty for operating a vehicle without a certificate of safety to a $95$250 fine unless an accident occurred

SB 1383 Creates Nurses license plates; fees go to the Illinois Nurses Foundation Fund

SB 1439 Creates American Red Cross license plates; fees go to the American Red Cross Fund

SB 1479 Allows secretary of state to revoke someone's driver's license for operating a watercraft under the influence of alcohol; requires BAC testing if an accident occurs

SB 1524 Pre-empts home rule for regulating window tints

SB 1530 Prevents low-speed/non-highway vehicles from crossing interstates or toll roads; clarifies that small, non-motor racing boats are not required to have floatation devices

SB 1828 Allows the secretary of state to collect a delinquent vehicle dealer transfer fee

SB 1871 Allows the secretary of state to cancel the driver's license of a non-resident or former Illinois resident who has paid off any financial obligations

SB 1929 Clarifies that the exemption from parking fees for disabled persons applies only to metered street parking or public parking areas and not to public parking structures

SB 2356 Changes the speed limit to 70 mph on certain highways throughout the state; allows counties in Chicagoland and the Metro East to establish lower speed limits

HB 2563 Any driver with equivalent military commercial vehicle experience qualifies for the skills test waiver for a CDL

HB 3186 Requires Department of Public Health to recognize applicable military training and experience of EMT applicants; also allows 50% of time spent as a volunteer EMT toward relicensing requirements and adds continuing education requirements

SB 0204 Establishes that individuals who have won military service awards can waive the Illinois State Police's college education requirements

SB 1497 Veterans are eligible for specific veterans courts if they are eligible for probation Veterans or depending on the nature of the crime

SB 2245 Grants veterans priority registration to state universities