2011 Senate Year in Review
</element><element id="paragraph-1" type="body"><![CDATA[More than 200 new laws, covering everything from local library boards to murder, will go into effect on January 1, according to State Sen. Dave Luechtefeld (R-Okawville).
Among the more notable measures are bills that would give citizens greater access to government information through the Internet, encourage the use of alternative energy sources, reduce regulations for home-based food businesses and allow motorcyclists to proceed through a red light if the tripping device fails to turn the light green after a reasonable time.
Senator Luechtefeld added that, as is the case nearly every year, many of the new laws are aimed at closing loopholes needed to crack down on criminal offenders. These include:
"Andrea's Law," which will better track persons convicted of murder once they have been released from prison (HB 263/Public Act 97-0154);
Tougher penalties for child pornography (HB 3283/Public Act 97-0157);
More tools to prosecute persons who attempt to lure children for sexual purposes (SB 1038/Public Act 97-0160);
A prohibition against shining a laser light into a cockpit when a plane is taking off or landing (HB 167/Public Act 97-0153); and
New penalties for selling manufactured substances know as synthetic cannabinoids, that produce a "high" similar to marijuana (HB 2595/Public Act 97-0193)
The legislation (HB 2860/Public Act 97-0627) allowing motorcyclists to proceed through a red light when it fails to trip, was not without controversy. Gov. Pat Quinn sought to change the measure, but his amendatory veto was overridden during the fall session by strong bipartisan majorities.
Home-based or "cottage" food makers will face less regulation under SB 840/Public Act 97-0393, as long as they produce only food products that are not potentially hazardous.
Citizens will be able to access Hospital Report Cards from the state Department of Public Health Web site under HB 1562/Public Act 97-0171, as well as access information about income, sales, property and business taxes imposed across the state through the Department of Revenue's Web site under SB 43/Public Act 97-0353.
A number of measures are aimed at encouraging alternative energy and energy conservation. Two of these include HB 3139/Public Act 97-0134, which allows the state's transportation department to issue permits to those wishing to grow switchgrass on state right-of-ways, and HB 991/ Public Act 97-0105, which seeks to promote rain water conservation, composting and wind energy.
The new laws going into effect Jan. 1 include:
9-1-1 Surcharge (SB 2063/PA 97-0463): Establishes a mechanism to collect the 9-1-1 surcharge on pre-paid cell phones, thus requiring merchants to collect the surcharge at the point of sale.
Abuse Coverage (HB 3358/PA 97-0343): Extends a mandate under the Illinois Insurance Code to the state group health insurance plan, county governments, school districts, and cities regarding victims of physical or sexual abuse, to ensure all insurance plans have similar provisions to cover abuse victims.
Academic Watch (HB 1415/PA 97-0370): Allows local school boards to, if federal grants are available, opt in to a full-year pilot plan if a school is on academic watch status for more than 2 years. Schools that opt in must increase their school calendar by 35 days, and requires students attend a minimum of 215 days. This pilot program affects only schools in Sen. James Meeks' district.
Acid Attack (HB 2193/PA 97-0565): Prohibits the possession and carrying of certain caustic substances regulated under the Federal Caustic Poison Act that are required to bear the warning "causes severe burns," and which are capable of causing serious injury. The legislation is a response to several high-profile acid attacks where the victims were severely disfigured.
Adult Therapy Requests (HB 785/PA 97-0165): Attempts to provide short-term crisis counseling for adults under guardianship to address cases where the guardian is abusive or neglectful. Authorizes any adult to request and receive counseling services or psychotherapy, even if the adult is under guardianship. Establishes that the adult's guardian will not be informed of counseling or psychotherapy unless the counselor or therapist believes such disclosure is necessary. States that if the counselor or therapist intends to disclose the counseling or psychotherapy, the adult must be informed.
Aggravated Battery (SB 2004/PA 97-0313): States that the assault or battery of a process server or special court appointed process server while in the performance of his or her duties is enhanced to an aggravated assault (Class 4 felony) or an aggravated battery (Class 3 felony).
Aggravated Intimidation (SB 1739/PA 97-0162): Establishes that a person has committed aggravated intimidation if they knew their victim was a civilian reporting information about a forcible felony to a law enforcement agency, and the offense was committed for that reason.
Aldermen Change (SB 1686/PA 97-0146): Streamlines public notice requirements and reduces publication rates for units of local government. Allows any municipality that has a population change that would require an increase or decrease in the number of aldermen to adopt an ordinance or resolution maintaining the current number of aldermen.
Andrea's Law (HB 263/PA 97-0154): Creates a First Degree Murderer Database for people convicted of first degree murder who have been released from a penal institution or other facility. Places them on the existing Sex Offender Registry or the amended Murderer and Violent Offender Against Youth Registry.
Anti-Epileptic Drug Notification (SB 670/PA 97-0456): Requires pharmacists to provide written notification to a patient when dispensing a prescription in which they have substituted a generic anti-epileptic for a brand name anti-epileptic drug.
Antique Vehicles (HB 3256/PA 97-0412): Creates a new "expanded-use" category of antique vehicles (vehicles more than 25 years old). While regular antique vehicles are generally limited to driving to and from car shows when using state highways, the expanded-use vehicles have unrestricted use of the highways from April 1 through Oct. 31. The owner must pay appropriate registration and renewal fees and also pay the $45 per year fee for expanded-use antique vehicle registration.
Background Information Sharing (HB 1240/PA 97-0248): Requires criminal background information on an employee that has been obtained by a school district within the last year to be shared, upon request, with any other school district.
Banking and Estate Clean-Up (HB 1651/PA 97-0492): Makes numerous clean-up changes and clarifications to a current law related to banking and real estate.
Bilingual Education Reporting (HB 3109/PA 97-0305): Requires the Advisory Council on Bilingual Education to submit a one-time report to the State Superintendant, Governor, and the General Assembly about the regulations controlling bilingual education in Illinois.
Brand Name Prescriptions (SB 2046/PA 97-0426): Authorizes HFS to reimburse the dispensing of a 90 day supply of a brand name drug when it is a cost effective, non-narcotic maintenance medication. This bill will also authorize the 90 day supply for brand name drugs.
Brush Clearing (SB 41/PA 97-0417): Allows a township to authorize without a referendum the use of road funds to finance the collection, transport, and disposal of brush and leaves within the unincorporated areas of the township.
Bus Drivers (HB 147/PA 97-0466): States that a non-CDL holder school bus driver will be subject to reasonable suspicion drug and alcohol testing that's in conformance with federal regulations, except the results of the tests must be reported in a manner approved by the Secretary of State instead of on federal forms. Aligns the drug testing standard with that of the federal government because the state standards were more rigid than the federal standards creating a significant risk of false positive tests.
Cancer Insurance Coverage (HB 1191/PA 0091): Mandates that routine patient medical care must be provided to patients participating in qualified clinical cancer trials, if the patient's policy would cover that routine medical care if they were not enrolled in the clinical trial.
CDL Licensing (HB 1295/PA 97-0208): Brings Illinois into compliance with a federal law that requires Commercial Driver's License (CDL) holders who must comply with the physical qualifications requirements of the Federal Motor Carrier Safety Administration to provide a current original copy of their medical examiner's certificates to the State driver's licensing agency before a CDL is issued, renewed, upgraded or transferred.
Charter Schools (HB 2401/PA 97-0151): Requires that with regards to the five "re-enrolling drop-out" charter schools and the 15-maximum "campuses" in Chicago, a collective bargaining contract be entered into between each individual, re-enrolling charter school campus in order to unionize the teachers within that charter school.
Chicago Educational Facility Planning Commission (SB 620/PA 97-0473): Creates the Chicago Educational Facility Planning Commission and gives the commission the authority to approve standards for the capacity and utilization of Chicago Public Schools, approve standards for basic performance measures, approve school actions that are required to be included in the master plan, approve the 5-year Capital Improvement plan and budget, participate in the selection of contractors, and certify whether or not certain requirements have been met.
Child Abuse Reporting (HB 2093/PA 97-0254)/(SB 1950): Changes legislation to reflect the current criminal penalty for making a false report of child abuse to DCFS, and updates the required posted warning to reflect that a false report is a Class 4 felony violation.
Child Luring (SB 1038/PA 97-0160): Requires all child abductors convicted of child luring to undergo a sex offender evaluation prior to sentencing. Increases the penalty to a class 2 felony for a second offense when a person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state or foreign government offense. Adds language to make it harder for an offender to claim a lawful intent (of trying to lure a minor) if they do not have express permission of a parent.
Child Passenger Safety (HB 1222/PA 97-0026): Requires that after satisfactory completion of a child passenger safety instructional course the technician who conducted the course must issue a letter of completion on a form that has been verified by IDOT. This will help the judges more easily identify the letter's purpose.
Child Pornography (HB 3283/PA 97-0157): Enhances the penalty for filming, videotaping, or creating a moving image of child pornography, or possessing such items.
Closed Meetings (HB 1277/PA 97-0318): Creates an exemption in the Open Meetings Act to allow public bodies to hold closed meetings with auditors or financial committees, if the meeting was called to discuss suspected or potential fraud, or internal control weaknesses.
College Technology Entrepreneur Centers (HB 1876/PA 97-0196): Authorizes the board of trustees of each public university and community college in Illinois to create a technology entrepreneur center, which will provide goods and personnel to innovators who possess an innovative concept that has not yet been offered for sale. The goal is to help them develop their concept to the point where it can become a business venture.
College Student Data (SB 122/PA 97-0588): Requires all public institutions of higher education to track the status of students who are the first in their family to attend an institution of higher education.
Comptroller (HB 1527/PA 97-0269): Allows the Comptroller to enter into reciprocal offset agreements with the federal government. These agreements would require the Comptroller to reduce State payments to those owing federal nontax debts and remit the amount to the Treasury.
Condo Association Court Cost Recovery (SB 1972/PA 97-0535): Allows a condo association to recover court costs incurred by the association during an action to enforce collection, rather than the association's costs of collection.
Conservation District (SB 1436/PA 97-0601): Amends the Illinois Municipal Code to include areas owned by a conservation district under the definition of a "conservation area." At issue is a municipality trying to annex property located across a conservation district
Contract Disclosure (HB 1444/PA 97-0490): Allows, for purposes of disclosure of financial interests by bidders on state contracts, privately held entities that have more than 100 shareholders and are exempt from Federal 10k reporting, to submit the information that they are required to report under federal regulations and list the names of any person or entity holding any ownership share greater than 5 percent. This bill would allow more companies to provide financial interest statements in this way, as opposed to submitting firm ownership and conflict information with each and every bid they submit.
Controlled Substances (HB 2917/PA 97-0334): Makes various changes to clean-up the Illinois Controlled Substances Act and to bring it into compliance with federal standards including updating or deleting certain definitions; allowing authorized prescribers to issue electronic prescriptions if done in accordance with federal rules; outlining fines for crimes relating to controlled substances; providing for data collection; and more.
Consumer Loan Affiliates (SB 674/PA 97-0420): Defines payday loan "affiliates" as any person or entity that directly or indirectly controls, is controlled by, or shares control with another person or entity. States that a person or entity who has control over another is the person or entity who has an ownership interest of 25 percent or more in the other.
Co-Payment Scale (SB 1236/PA 97-0422): Bases child-care copayments for families who receive child care services or public assistance on family size and income, not on the number of children in care or the amount of services used. Also sets a sliding scale for co-payments, reflecting a lower percentage of income for the poorest families, and with a co-payment that gradually increase as family income increases.
Copyright Restrictions (SB 2040/PA 97-0538): Prohibits the unlawful use of sound recordings, except when accompanying a motion picture or other audiovisual work, that were initially recorded before February 15, 1972. Anything after that date is protected by Federal copyright law and preempts state law.
Correctional Facilities (HB 2590/PA 97-0380): Prohibits any unit of local government or a county sheriff (formerly only the state) from contracting with a private entity to operate a correctional facility.
Cottage Food Deregulation (SB 840/PA 97-0393): Allows for deregulation at the local level of cottage food operations, so only "State-certified local public health departments" would be permitted to regulate cottage food operation. Cottage food operations are those where a person produces or packages non-potentially hazardous food in a home kitchen.
Credit Unions (HB 3050/PA 97-0133): Requires that if a credit union requests a hearing in response to a fine, the Secretary of IDFPR must schedule a hearing within 30 days of the request or the fine will be stayed until the final administrative order is entered.
Currency Exchange (HB 159/PA 97-0315): Requires a currency exchange to give the Secretary at IDFPR 30 days notice before the business can begin offering approved additional services. Also increases a number of fees paid by community and ambulatory currency exchanges. Makes technical and administrative changes relating to cease-and-desist orders and confidentiality.
Damaged Road Cost Recovery (HB 1541/PA 97-0373): Gives units of local government the same authority that State agencies have to seek recovery for the repair or replacement costs for
damaged or destroyed roadway property.
Debt Collection (HB 1513/PA 97-0120): Allows employers to deduct wages without the employee's consent in order to collect a debt owed to a municipality or to recoup excess money that was paid by a municipality in error.
Death Reporting (HB 1259/PA 97-0111): Requires the electronic reporting system for death registrations to transfer information to DHFS at least once every 3 months for the purpose of updating the Medicaid recipient roster.
Diabetes Education Programs (HB 2249/PA 97-0281): Includes in diabetes coverage, education programs that allow a patient to maintain A1c levels, so that people can make the appropriate lifestyle and medical choices needed to help control their diabetes. A1c provides an average of blood sugar control over a six to 12 week period, and is used in conjunction with home blood sugar monitoring.
Disability Definition (HB 3010/PA 97-0410): Includes mental, psychological, or developmental disabilities, including autism spectrum disorder, in the portion of the Human Rights Act that prohibits discrimination in public accommodations.
Divorce Concessions (SB 1824/PA 97-0608): Allows people in divorce situations to use life insurance as a security for child support and maintenance obligations.
DNA Submission (HB 3238/PA 97-0383): Expands the list of those required to submit to DNA testing to include (1) a person required by an order of the court to submit a DNA specimen; (2) any person arrested for any of the following offenses, after a determination by a judge or a grand jury that probable cause exists for the arrest: first degree murder, home invasion, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault; and (3) any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction.
DPH Reporting (SB 1805/PA 97-0049): Requires DPH's yearly report containing information about certain Multidrug Resistant Organism infections to be substantially similar to the CDC's surveillance system, which is more specific and thus more helpful and informative than the current reporting system.
Equal Pay Act (SB 115/PA 97-0512): Provides for civil penalties of up to $5,000 when an employer interferes with an employee's attempt to exercise a right granted to them by the Equal Pay Act.
Financial Crime Penalty (SB 1699/PA 97-0147): Increases the penalties of the financial crimes statute to create parity with the penalty provisions for the same dollar amounts contained in the general theft statute, so that a financial crime which exceeds $500,000 but does not exceed $1,000,000, is now a Class 1 non-probationable felony.
Financial Exploitation (HB 1689/PA 97-0482): Creates stricter laws against financial exploitation of an elderly person or person with a disability, by lowering the property value threshold that constitutes a Class 1 or 2 felony for the offense of financial exploitation. Provides that payment of restitution is not limited to five years for this offense as it is with other crimes.
The rest of laws can be found at http://luechtefeld.senategop.org/index.php?option=com_content&view=article&id=357%3A2012-new-laws&catid=1%3Alatest-news&Itemid=26.