First Reading

ILLINOIS GENERAL ASSEMBLY LEGISLATIVE RESEARCH UNIT

VOLUME 27, NO. 1 DECEMBER 2013 Major Bills Passed by the Illinois General Assembly

This issue of First Reading summarizes bills as they passed both houses of the General Assembly, and reports the Governor’s actions on them. A total of 631 bills passed both houses in the spring 2013 session. This issue also summarizes the most im- portant bills that passed the General Assembly in the fall 2012 veto session, after the last bill summary issue of First Reading was published in August 2012 (Volume 26, No. 1), and became law. Such 2012 bills are summarized below the 2013 bills in each category. This issue summarizes 250 bills of general interest, classified into 13 categories.

Major laws from the spring 2013 session authorize concealed carrying of firearms by persons who get training and permits; create a legal framework for a major new airport in Will County to reduce O’Hare congestion; allow “fracking” with strict regulation to release oil and gas; and prohibit handheld cellphone use by drivers starting in 2014.

Other new laws prohibit sales to minors of nontobacco products that deliver nicotine, other than federally approved smoking- cessation products; require any adult who observes child sex abuse, and any school official who witnesses hazing, to report it; allow veterans’ relevant military training to be recognized in some occupational licensing; and make changes to Illinois law due to the federal Patient Protection and Affordable Care Act.

Page 28 of this issue gives Public Act numbers for laws resulting from bills summarized here. Information on all bills of the 2013 session is available at the Illinois General Assembly’s Website: www.ilga.gov

Inside this Issue Legislative Research Unit Co-chair Appropriations & State Budget...... 2 Business & Economic Development...... 4 Civil Law...... 6 Criminal Law...... 8 Education...... 12 Environment & Conservation...... 14 Health & Safety...... 16 Local Government...... 18 Professions & Occupations...... 19 Revenue...... 20 Social Services...... 22 State Government & Pensions...... 24 Transportation...... 26 Bills with Governor’s Action...... 28 Senator Abstracts of reports required to be Pamela J. Althoff filed with General Assembly...... 30

http://www.ilga.gov/commission/lru/lru_home.html Appropriations & State Budget

The state’s operating budget for fiscal year 2014 is $68.4 billion—$2.7 billion over FY 2013’s $65.7 billion. Appropriations from the General Funds rose 0.9%, from $30.8 billion to $31.1 billion.

The state’s operating budget for FY was primarily for a federally guaranteed from 30.3% to 32.8%. The Founda- 2014 was passed in seven bills. The loan program for physical and eco- tion Level per student will remain at Governor item-vetoed legislative sala- nomic revitalization projects. DCEO $6,119, although actual payments will ries and leadership stipends, and also appropriations for job training programs remain prorated at 89% of that level. item-vetoed one item that had been also rose. appropriated twice in separate bills, Higher education appropriations from eliminating one of them. The General The agencies with the largest dollar de- all funds rose about $104 million, Assembly did not act on those item clines are Central Management Services largely due to the increase for SURS; vetoes. (-$236.8 million, -4.2%); Comptroller appropriations for the universities (-$211.9 million, -56.8%); Emergency themselves rose only $3.8 million. The The General Funds budget includes Management Authority (-$123.6 mil- percentage of the total state budget go- about $6.1 billion for the state’s re- lion, -20.6%); Aging (-$79.7, -6.6%); ing to higher education fell from 5.9% tirement systems—up $853.7 million and Employment Security (-$30.3 mil- to 5.8%; but higher education’s share (TRS up $712 million, SURS up $55 lion, -7.9%). of General Funds appropriations grew million, SERS up $49 million, JRS from 10.5% to 10.6%. up $39 million, and GARS down $0.3 The CMS decrease results mostly from million). one-time appropriations last fiscal year General obligation bond authority was (2013) to cover prior underfunding. increased by about $2.3 billion for Other agencies getting the largest dol- Group insurance appropriations also fell roads, rails, schools, and other facili- lar increases are Healthcare and Fam- about $100 million. The decrease to the ties. Build Illinois bond authority was ily Services ($1.51 billion, + 8.3%); Comptroller resulted from appropria- increased by about $543 million. Lottery ($188 million, + 18%); State tions added last fiscal year to reduce the Board of Education ($184 million, unpaid bills backlog; appropriations for Total appropriations for operations + 1.9%); Treasurer ($114 million, + office operations remained level. The were about $2.1 billion (3.1%) over the 3.8%); and Commerce and Economic IEMA decrease is from federal grants, Governor’s budget recommendation; Opportunity ($102 million, + 5.8%). mainly for homeland security; the de- General Funds appropriations were creases are mostly lower appropriations about $98 million (-0.3%) below his Most of the DHFS increase was for authority, but some older grants are recommendations. paying Medicaid bills; but over $1 bil- also ending. The Department on Aging lion is appropriations authority that decrease was primarily because supple- The General Assembly also voted to will not be needed for the Department mental appropriations last fiscal year forego inflation adjustments and im- to maintain timely bill processing and eliminated prior-year liabilities in the pose furloughs on legislators in FY likely will not be spent. The Lottery Community Care Program, and those 2014. q increase is appropriations authority for funds will not be needed in this fiscal prizes, in case it has to pay a large mul- year (2014). The DES decrease is from Thomas J. Bazan tistate lottery prize. The ISBE increase reduced federal funds for administer- Senior Research Associate was mostly to maintain the recent level ing the state’s unemployment insurance of prorated payments at 89% of the program. Foundation Level; but additional appropriations authority was included for Elementary and secondary education federal Title I funds (although ARRA gets about $895 million more (+7.2%) funds are decreasing) and helping from all funds—primarily due to the in- school districts that need financial as- creases in General Funds for the Teach- sistance. The increase for the Treasur- ers’ Retirement System and for General er’s office was to pay debt service and State Aid. Local education’s share of protest interest. The DCEO increase the total budget rose from 18.9% to 19.4%; its share of General Funds rose

http://www.ilga.gov/commission/lru/lru_home.html 2 / Legislative Research Unit (Key: * means item-vetoed)

FY 2014 Budget P.A. 98-27, enacted by H.B. 213 (Madigan—Cullerton-Steans). P.A. 98-33, enacted by H.B. 208 (Madigan-Dunkin-M.Davis-Jefferson—Cullerton-Kotowski). P.A. 98-34, enacted by S.B. 2555 (Cullerton-Steans-Kotowski-Delgado-Trotter et al.—Madigan-W.Davis). P.A. 98-35, enacted by S.B. 2556 (Cullerton-Steans-Kotowski-Trotter-Martinez—Madigan-Dunkin-M.Davis-Flowers). P.A. 98-50, enacted by H.B. 215 (Madigan—Cullerton-Kotowski-Trotter).* P.A. 98-64, enacted by H.B. 214 (Madigan—Cullerton-Steans).*

FY 2014 Appropriations and FY 2013 Supplemental Appropriations P.A. 98-17, enacted by H.B. 206 (Madigan—Cullerton-Steans-Trotter).

Capital Reappropriations P.A. 98-50, enacted by H.B. 215 (Madigan—Cullerton-Kotowski-Trotter).*

FY 2013 Supplemental Appropriations P.A. 98-11, enacted by H.B. 207 (Madigan-Harris-Welch-Flowers-M.Davis et al.—Steans-Collins et al.).

FY 2013 Supplemental Appropriations, including capital P.A. 98-1, enacted by H.B. 190 (Madigan et al.—Kotowski-Delgado-Koehler).

Budget Implementation P.A. 98-24, enacted by S.B. 1329 (Kotowski-Trotter—Madigan-Currie).

Figure 1: Allocation of Appropriations by Program Area (excluding capital projects)

2013 2014

State Employees’ All Others 10% State Employees’ All Others 9% Retirement Retirement System System 2% Healthcare and 1% Healthcare and Family Services Family Services Aging 2% 29% Aging 2% 27% DCFS 2% DCFS 2% Lottery 2% Lottery 2% Corrections 2% Corrections 2% DCEO 3% DCEO 3% Transportation 4% Transportation 4% Treasurer 4% Treasurer 4%

Higher Education Higher Education 6% 6%

CMS 8% Elementary and Secondary CMS 8% Elementary and Human Services Education 19% Secondary 9% Human Services Education 19% 9%

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 3 Business & Economic Development

New laws lay the basis for building a major airport in Will County to reduce crowding at O’Hare; make several changes in telecommunications, electric, and gas utility regulation; and make adjustments in the regulation of video gaming and charitable games. Other new laws tighten pawnbroker regulation, and requirements to report information on persons employed under public contracts.

Beer (Home Brewed). A person who Disadvantaged Businesses. The De- is at least 21 can brew up to 100 gal- partment of Transportation may make lons (200 if two or more such persons loans to disadvantaged businesses (as live in the residence) per year of beer defined in U.S. Department of Trans- came to the neighborhood after the es- or other fermented alcoholic beverages, portation regulations) that work on its tablishment got its initial liquor not for sale. Such a beverage can be construction contracts, using a new license (S.B. 70, Koehler et al.— served, at no additional charge for its Working Capital Revolving Loan Fund Gordon-Booth). consumption, at events outside the resi- that will be funded from the Road Fund dence with a $25 homebrewer special (H.B. 3267, W.Davis-Ford-Welch- Licensed video gaming locations may event permit, subject to statutory limits Riley-Lilly et al.—Hunter-Collins- sell and accept electronic tokens in on sample sizes. State liquor taxes will Clayborne-Manar-Harmon et al.). lieu of cash. No licensee may develop not apply to such homemade beverages or use performance data on devices (H.B. 630, Farnham-Tryon—Holmes). Gaming. Minority, etc. licensees. The or games. The Gaming Board can set Racing Board and Gaming Board must standards for video gaming advertis- Contract Workers. Classification. set and seek to enforce goals for per- ing. Licensed terminals are exempted Corporate officers and agents can be centages of racetrack, inter-track, and from the Criminal Code’s definition held liable for knowingly designating riverboat licenses to go to businesses of “gambling device,” and gambling employees improperly as contractors. owned by minorities, women, and losses from video gaming are not An administrative (formerly judicial) persons with disabilities (S.B. 1354, recoverable in civil suits (S.B. 1738, process for deciding charges of mis- Sandoval-Muñoz-Hastings-Raoul— Link—Mautino-Mayfield-Williams- classification is created. The maximum W.Davis-Smith-Welch et al.). Verschoore-Beiser et al.). civil penalty per violation is reduced from $1,500 to $1,000 ($2,000 for a re- Miscellaneous. The limit on charitable- The Video Gaming Act’s definition of peat violation within 5 years). Affected games nights per location is increased “Licensed establishment” is clarified employees will get 10% of those penal- from eight per year to one per month (or as including nonprofit places that serve ties, and the Director of Labor 90% for a municipality, from 16 per year to liquor. The Gaming Board can inves- (H.B. 2649, Arroyo-Zalewski- 48). Limits on winnings are doubled to tigate more kinds of interests behind Martwick-Lang-D’Amico— $20 per house-banked game and $500 applicants for video gaming licenses Cunningham-Martinez-Raoul- per night. The Department of Revenue (S.B. 2371, Frerichs-Manar-Syverson- Delgado). will get 5% of net (formerly 3% of McGuire—Hays-DeLuca-Walsh- gross) charitable games proceeds. The Beiser-Farnham et al.). Reporting. A construction contractor Department may authorize an establish- must report to the Illinois Department ment licensed for video gaming to host Gas Utilities with at least 100,000 of Labor all payments to persons, sole charitable games also. The Illinois customers must report annually start- proprietorships, and partnerships (ex- Gaming Board can contract with one or ing in April 2014 on safety and service cept “responsible bidders” under the Il- more testing labs to test equipment used reliability, and goals for improvement. linois Procurement Code) for construc- in riverboat or video gaming (H.B. 996, If the Illinois Commerce Commission tion work not performed as employees. Lang—Haine). finds that improvements are not being Retailers and wholesalers are exempt made, it may require a remediation (H.B. 923, Hoffman-Arroyo-Moylan- Video gaming. The ban on a video gam- plan. A gas utility with over 700,000 D’Amico et al.—Noland-Manar-Raoul ing license for a bar, veterans’ or frater- customers may propose a rate sur- et al.). nal club, or truck stop that has a liquor charge to fund safety and efficiency up- license and is near a school or church grades. If the Commission approves, will not apply if the school or church a requirement that any gas utility not contracting for synthetic natural gas

http://www.ilga.gov/commission/lru/lru_home.html 4 / Legislative Research Unit must make rate filings with the Com- under it) (H.B. 101, W.Davis— South Suburban Airport, Brown- mission in 2012, 2014 and 2016 will Clayborne-Harmon). fields, Enterprise Zones, Etc. The not apply to the utility, and a filing Illinois Department of Transportation already made under that requirement “Poker Runs” (involving traveling to (IDOT) is authorized to plan, build, can be withdrawn (S.B. 2266, Koehler- five or more locations to draw playing and operate a South Suburban Airport Rezin-Haine-Martinez et al.—Phelps- cards or similar items at each place) in Will County and related projects. Bost-E.Sullivan-Smiddy et al.). are authorized at charitable-games It can use one or more public-private events (H.B. 2520, Hatcher-Martwick- agreements, lasting up to 75 years, to Hearing Aid Sellers may sell through Beiser-Bost-Dunkin et al.—Muñoz- do so. Net proceeds to the state from the Internet (added to mail order) if Holmes-Forby-McCann et al.). any such agreements will go to a new they comply with extensive disclosure fund in the state treasury, to be spent requirements (H.B. 530, Zalewski- Prevailing Wage Act Reporting. only by appropriation. After such an Pihos—Martinez). Employers hired for public works agreement ends, all title and rights to must keep more details on their em- the airport will go to IDOT; the state Jobs; Unemployment Insurance. ployees’ pay and benefits, and send will have title to all real property of Contractors with agencies in the execu- them to the Department of Labor if it the airport; but the state will not be tive branch (except those that also have develops a database capable of taking obligated to pay any obligations of a union contracts and do construction them (H.B. 3223, Beiser-Hoffman- contractor. work) must post job vacancies on the Phelps-Verschoore-Costello et al.— Department of Employment Secu- Frerichs-Manar-Collins et al.). IDOT may apply for and use inter- rity’s IllinoisJobLink.com site, or link governmental aid and any other funds from their Websites to it. Employers, Reloadable Cash Cards. Starting to build the airport. Materials used if allowed by the Department, may in 2015, issuers of cards or codes to to build it will be exempt from sales pay contributions and other amounts which funds can be added and spent tax. No debt incurred will be a state under the Unemployment Insurance at numerous merchants must disclose obligation. IDOT can apply for des- Act electronically. Penalties for filing any fees and other stated terms before ignation of a foreign trade zone at the fraudulent quarterly wage reports are purchase, unless they comply with a airport. increased for larger amounts underpaid federal law and regulations covering (H.B. 3125, Mautino—Forby et al.). such cards (S.B. 1829, E.Jones- Proposed initial and final airport Silverstein-Collins et al.—Rita- boundaries must be disclosed along Liquor Distribution. To preserve the Hernandez-C.Mitchell-M.Davis et al.). with public hearings in Will County. state’s three-tier system of regulat- Owners of property meant to be ac- ing alcoholic beverage distribution, Small Business and Workforce. A quired must be notified. In an eminent no entity with any interest in making 17-member Small Business and Work- domain action, such owners will not beer may be licensed as a distributor force Development Task Force will be compensated for additions or im- or importing distributor; and no entity identify issues for legislative consider- provements they make after getting so licensed may have an interest in a ation and report to the General Assem- notice, unless they notified IDOT of beer maker beyond owning up to 5% of bly by November 30 each year until plans for such construction and it did the shares of a publicly traded brewer. 2017 (S.B. 572, Lightford-Collins- not file eminent domain suits within The Illinois Liquor Control Commis- Van Pelt-Hunter—Ford-Welch-Soto- 165 days. IDOT must pay reasonable sion is to require disclosure of any Flowers-Dunkin et al.). compensation to relocate displaced such financial connections, and require persons and entities. Home rule is divestment by 2015 if mandated by this “Smart Grid” Funding. The Illinois pre-empted to the extent it would act (H.B. 2606, Mautino-Leitch-Lang- Commerce Commission is directed block the project. IDOT must report D.Harris-Sims et al.—Muñoz-Link- to make changes in major utilities’ on airport progress to the General As- Trotter et al.). ability to recover their costs on some sembly and Procurement Policy Board kinds of assets including pension re- quarterly until construction starts, and Pawnbrokers. The Department of serves, and to allow utilities to recover monthly thereafter. Financial and Professional Regulation those additional amounts retroactively can impose a civil fine up to $10,000 (S.B. 9, J.Cullerton-Radogno-Althoff- A new South Suburban Brownfields (formerly $1,000) per day (formerly Holmes et al.—Lang-Cross-D.Burke- Redevelopment Zone Fund will be per violation) of any state or federal Bellock-Pritchard et al.). used to help redevelop polluted prop- law affecting pawnbrokers (formerly erties near railroad yards in several only of the act or a regulation or order (continued on p. 15)

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 5 Civil Law New laws address making of anatomical gifts; safety and privacy in using Internet sites; fraudulent documents intended to affect title to real estate; and telemarketers. Other new laws create a homeless bill of rights, and bar eviction of residential tenants before their leases end even if a mortgage on the building is foreclosed. Adoption. After an adjudication that a has been referred is authorized and child was neglected or abused, a par- directed to search records of the Secre- ent of the child can be found unfit to tary of State and of any donor registry recorder will record a new document adopt a child, if during any 9-month where the patient lives for consent reflecting that finding. Criminal inves- period following the adjudication, to a donation, and to make a reason- tigations and private civil suits are not the parent fails to make reasonable able search for any close relative of precluded (H.B. 2832, Lang-Welch- efforts to correct the conditions that the patient or another person who can Evans—Silverstein-Collins). resulted in loss of custody (S.B. 1686, provide consent. A document making LaHood-Koehler—Gordon-Booth- an anatomical gift is to be treated as Credit Freeze by Parent or Guard- Welch). valid if it is valid under the law of Illi- ian. A parent or guardian of a minor, nois, the place where it was signed, or or guardian of a person with a disabil- Anatomical Gifts. Numerous changes the place where the donor lived. Any ity, may put a freeze on the person’s are made so Illinois law on this topic document deemed valid under those credit (H.B. 3380, Tabares-Soto- will be generally consistent with the standards will be applied under Illinois D’Amico-Williams-Turner et al.— proposed Revised Uniform Anatomi- law (H.B. 2339, W.Davis et al.— Kotowski-Collins). cal Gift Act. They include the fol- Clayborne-Harmon). lowing: Consent to an anatomical gift Divorce—Child Care. If a court from a person may be given during Child Abuse Reporting Privilege. awards joint custody or visitation the person’s life by the person’s par- Legally privileged attorney-client rights, it can also give either or both ent (for an unemancipated minor), communications, and confidential parents a right to be asked to care for guardian, or agent (unless the power information relating to legal represen- the child(ren) when the other parent of attorney or other document creating tation of a client, are exempted from needs child care, except in emergen- the agency prohibits such a gift). A mandatory reporting of child abuse cies (H.B. 2992, Harms-Tracy-Hays- “health care surrogate” identified by (H.B. 2771, Kay-Sims et al.—Haine- Jakobsson-Zalewski et al.— the attending physician no longer can Silverstein-Mulroe et al.). Silverstein-Landek et al.). give such consent. Detailed rules are created for handling conflicts between Child Sex Abuse—No Limitation Electronic Communication Moni- persons attempting to make, and to Period. Civil actions for damages toring. A section authorizing civil change or revoke, an anatomical gift. for childhood sexual abuse, on which suits for eavesdropping is expanded A terminally ill or fatally injured per- a limitations period has not yet run to eavesdropping on “electronic com- son may consent, or revoke consent, when this act takes effect, may be filed munication;” but a parent or guardian to organ donation, without writing, if at any future time (S.B. 1399, Link- with custody of a minor can monitor at least two adults including a disin- Silverstein-Collins et al.—Williams- the minor’s “electronic accounts” terested witness observe the person’s Franks-Cassidy-McSweeney-Osmond without such liability (H.B. 3038, consent or revocation. Every Illinois et al.). Williams—Barickman). hospital must agree or affiliate with organ procurement organizations to Clouding Title. A recorder of deeds Guardian for Disabled Person. Per- coordinate anatomical gifts. may set up a program to review instru- sons convicted of felonies involving ments intended to affect title to real harm or threat to a minor are added A living person may refuse consent to estate, and refer any that seem suspi- to those who cannot be guardians for an anatomical donation, and an unre- cious (under standards stated in this disabled persons (S.B. 1287, voked refusal cannot be overruled by act) to an administrative law judge Silverstein—Wheeler et al.). anyone else. An organ donor organi- (ALJ) for investigation. If the ALJ zation to whom a patient near death finds such a document to be fraudulent by clear and convincing evidence, the

http://www.ilga.gov/commission/lru/lru_home.html 6 / Legislative Research Unit Homeless Bill of Rights. Homeless allow an employer to seek passwords non-consensual sex act (added to one persons are stated to have rights to use on accounts used for business pur- criminally convicted of such an act) of public places, getting services of poses, if the employer is required to cannot get custody or visitation without public agencies, nondiscrimination in screen applicants or employees, or to consent of the mother or guardian. He employment, emergency medical care, monitor employee communications, also cannot inherit from the child with- voting and registration, confidentiality under insurance or securities laws out the mother’s or guardian’s consent of records, and an expectation of pri- (S.B. 2306, Radogno—Mautino- (H.B. 3128, Williams-Wheeler-Sims- vacy in personal property to the same Smiddy). Reboletti-Costello et al.—Harmon- extent as persons with homes. Civil Hunter-Lightford-Collins et al.). actions may be filed for injunctive and Online Site Background Checks. declaratory relief, damages, costs, and Internet businesses that connect Settlement Procedures. Require- attorneys’ fees for violations (S.B. consumers with providers of child-, ments are established for procedures 1210, Silverstein-Noland-Hutchinson- senior-, and home-care services must that must be followed by plaintiffs and Collins-Delgado et al.—Welch-Ford- tell members whether they check for defendants who decide to settle civil Turner-Osmond-Sandack et al.). criminal backgrounds. They must also damages actions. The requirements notify members of potential safety is- will not apply to public agencies and Land Use Liability. Landowners can sues related to Internet services, and public officers sued in official -ca be liable for injuries to particular per- of the general reliability of criminal pacities, or to class actions (S.B. 1912, sons they invite onto their land (with background checks (H.B. 2934, Raoul-Noland-Harmon et al.—Sims- or without charge), but will not gener- Mussman et al.—Bertino-Tarrant). Mayfield-W.Davis-Franks-Smiddy et ally be liable for injuries to the general al.). public whom they merely allow there Pets (Sick). A pet shop in which a if they cause injuries to themselves contagious and potentially life-threat- Telemarketer Records. Users of auto- or other such visitors (S.B. 1042, ening animal disease breaks out must dialers, and makers of unsolicited com- Harmon-Dillard-Frerichs-Holmes- notify the Department of Agriculture. mercial calls, must keep records of all Silverstein et al.—Williams-Phelps- If it quarantines the shop, the shop numbers called and records to support Currie-Bost-Wheeler et al.). must notify each buyer of a dog or cat any claims of exemption from restric- during the last 2 weeks before the out- tions on those practices. Each person Leases in Foreclosed Building. If break. Remedies are created for buy- illegally called can get damages of there is a mortgage foreclosure on a ers of pets that had serious diseases $500 (S.B. 2136, Althoff-Silverstein- residential building, the new owner when sold. A buyer can choose rem- J.Morrison—Davidsmeyer-Kifowit- may end a bona fide lease (as defined edies promised in a written warranty Kay-Pihos-Hatcher et al.). by this amendatory law) only at the from the shop in lieu of the statu- end of its term and with at least 90 tory remedies (S.B. 1639, Kotowski- Vehicle Insurance. Starting in 2015, days’ written notice (S.B. 56, Collins- Althoff-Van Pelt-Collins-J.Morrison minimum liability limits for auto insur- N.Harris-Hunter et al.—Cassidy- et al.—Zalewski-Evans et al.). ance policies are increased by about Hernandez-Smiddy-Feigenholtz- 25%, to $25,000 per person, $50,000 C.Mitchell et al.). Securities Sale—Limitation Period. for two or more persons, and $20,000 A provision in the Illinois Securities for property damage (S.B. 1898, Biss- Meth Lab in Mobile Home. If police Law of 1953, setting a maximum of Raoul-Van Pelt-Collins—Fine-Welch- inform a park owner in writing that a 5 years after sale of a security to file Leitch-Smith-Sims et al.). q mobile home in the park was used to suit for false or misleading acts, is make methamphetamine, the owner eliminated; suit may be filed for 3 Joshua L. Scanlon must so notify anyone making a writ- years after the later of the time of sale Research Associate ten application to live in the park. The or when the plaintiff knew or should sole penalty for violation will be a fine have known of a violation (H.B. 2969, up to $2,000 (S.B. 2101, Barickman— Smiddy-Franks-Farnham-Sente et Harms-Moylan-Chapa LaVia et al.). al.—Stadelman et al.).

Networking Passwords. An excep- Sex Crime—Custody and Inherit- tion is added to a 2012 law prohibiting ing. A man found at a fact-finding employers from asking for social- hearing, by clear and convincing evi- networking site passwords. It will dence, to have fathered a child by a

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 7 Criminal Law

Legislators authorized concealed carrying of a firearm with required training and a permit; broadened the scope of, and penalties for, Medicaid fraud; increased penalties for some driving offenses, es- pecially if someone else is injured or killed; and prohibited sales to minors of nontobacco products containing nicotine, except federally approved products for stopping smoking. Other new laws require police to be trained in proper use of devices such as Tasers, and restrict police use of “drones” for surveillance. an order expunging the conviction. A Any adult who observes child sex abuse has a legal duty to report it, court is to expunge the arrest record as do school officials who witness hazing. of a defendant whose conviction or sentence is set aside based on factual Organizing a “flash mob” becomes a crime. Released juvenile of- innocence on direct review or collateral fenders are to go into programs of “aftercare release” (analogous to attack, whether or not the defendant has parole) to help them in rejoining society. prior criminal convictions (H.B. 821, M.Davis-Drury-Flowers-Reboletti- Battery. Nurses performing their du- 1399, summarized in the Civil Law Ford et al.—Raoul-Righter-Collins- ties are added to the list of persons article, addresses limitations in civil Connelly). against whom battery becomes aggra- suits for child sex abuse.) vated battery, raising it from a Class A Military veterans. An honorably dis- Failure to report. Anyone over 18 misdemeanor to a Class 3 felony (H.B. charged veteran, or currently enlisted who personally observes sexual abuse 801, Scherer-Moffitt-Crespo-Hurley- military member who has served one (as more broadly defined) by a person Welch et al.—Noland-Steans-Collins- tour of duty, and was convicted of a known to be at least 18, of a person Martinez). Class 3 or 4 felony before serving, can known to be a child, and fails to report petition the Prisoner Review Board for Child Abduction by “Luring” is it to police, will commit a Class A a certificate recommending a court or- added to a list of sex-related crimes, misdemeanor if a first violation or a der expunging the arrest and conviction at trials for which evidence of prior Class 4 felony for a repeat violation. record. Some sex, firearms, or violent commission of another crime in the An exception applies to persons who crimes are not eligible (H.B. 1548, list may be admissible (S.B. 1814, report sexual abuse in the manner re- Bost-Ford-Cassidy et al.—Murphy- Althoff-Connelly—Franks-Bellock- quired by the Abused and Neglected Van Pelt-N.Harris-Biss-Noland et al.). Sente-Golar-McAsey et al.). Child Reporting Act. The observer cannot be charged until the perpetrator Posting online. Publishers or dissemi- Child Pornography. A person com- is charged. It is an affirmative defense nators of criminal record information mitting child pornography by pos- to failure to report that reporting was are prohibited from soliciting or ac- sessing pornographic images of a reasonably expected to cause violent cepting fees or other compensation child will receive consecutive prison retaliation (H.B. 804, McAsey et al.— to remove, correct, or change it (S.B. terms only if the child depicted was Silverstein-Collins). 115, Mulroe—Martwick-Sacia-Turner- under 13. But each unique child por- Reboletti-Ford et al.). nography image possessed will be a Crimes Against Police. The Depart- separate offense (H.B. 2647, McAsey- ment of State Police will help local Sealing. The Class 4 or Class 3 felonies Willis-Bellock et al—Mulroe-Collins police alert news media if serious of theft, retail theft, deceptive practices, et al.). violent crimes are committed or at- and forgery, and Class 4 felonies of tempted against police officers and the possessing burglary tools and possess- Child Sex Abuse. Limitations period. suspect is at large and believed dan- ing a controlled substance with intent If corroborating physical evidence is gerous (H.B. 2893, Martwick-Kifowit- to make or deliver are added to the list available, or a required reporter failed Berrios-Soto-Acevedo et al.— of crimes for which defendants can to report, a prosecution for child sex Mulroe). seek to have conviction records sealed abuse or assault can begin at any time (H.B. 3061, Ford-T.Jones-Hernandez- (formerly within 20 years after the Criminal Records. Innocent persons. Nekritz-Cassidy et al.—Raoul-Van victim turns 18) (H.B. 1063, A court issuing a certificate of inno- Pelt-Hutchinson-J.Collins-Harmon et Jefferson-D.Harris-Sims-Bellock et cence to a person for wrongful convic- al.). al.—Collins-Hunter). (Note: S.B. tion and imprisonment must also enter

http://www.ilga.gov/commission/lru/lru_home.html 8 / Legislative Research Unit Damaging a Memorial. Criminal supervisor finds that it contains evi- crime that bars firearm ownership; not damage to property will bring higher dence of criminal activity or is relevant having been in a residential or court- penalties than it otherwise would if to a current investigation or pending ordered drug or alcohol treatment pro- the property memorializes or honors criminal trial. Every law enforcement gram in the last 5 years; getting required police officers, firefighters, or military agency owning a drone must report firearms education and training; and members or veterans (S.B. 2231, Raoul- yearly to the Illinois Criminal Justice paying a $150 fee. An applicant must Silverstein-Martinez-Collins-Connelly Information Authority its number of also not pose a danger to self or others et al.—Manley-Rita-Cloonen-Reboletti- drones. The Authority will report that or to public safety, as determined by Tracy et al.). information on its Website (S.B. 1587, a newly created Concealed Carry Li- Biss-Rose-Silverstein-Haine-Connelly censing Review Board; and public and Dog Tethering. It will be a Class B et al.—Williams-D.Harris-Currie- private mental health professionals must misdemeanor to tether a dog outdoors Dunkin-Durkin et al.). notify the proper state agency upon de- without ensuring that it (1) has no termining that a person fits one of those health condition worsened by tether- Emergency Vehicle Simulation. Pos- categories. A person whose FOID card ing; (2) is tethered in a way to avoid sessing or being in control of rotating was revoked due to being a patient in a entanglement with other tethered dogs; lights, red and blue LEDs, sirens, or mental health facility cannot get such a (3) is tethered with a lead that is at other emergency vehicle markings in a card again, even after 5 years, without least 10 feet long and does not exceed vehicle without legal authority becomes being certified as not a clear and present a specified weight; (4) is tethered with a Class A misdemeanor. Police finding danger to self or others. a properly fitted harness or collar other a violation are to seize those items and than a pinch or choke-type collar; and may also seize the vehicle (H.B. 3054, Law enforcement agencies can object (5) is not tethered in a way that will let Tabares-McAsey-Soto-Hernandez- to an application based on reasonable it reach adjoining property or a public Acevedo et al.—Martinez-McCann). suspicion that the applicant is a danger walk- or roadway. Exceptions apply to to self or others. The Department of shepherding or herding; at lawful ani- Ethnic and Racial Data on every ar- State Police must object if an applicant mal events such as obedience training restee is to be collected at arrest or has at least three arrests for gang-related or performances; and in camps and rec- booking, and at admittance to a cor- crimes in the last 7 years. The Depart- reation areas (H.B. 83, D.Burke-Willis- rectional facility. The collecting entity ment will check each applicant’s crimi- Chapa LaVia et al.—Holmes et al.). must keep records of the data. The nal history, domestic violence restrain- Departments of Corrections and of ing and protective order records, and Domestic Battery is raised from a Juvenile Justice must report yearly to Department of Human Services files on Class 4 to a Class 3 felony if the de- the Governor and General Assembly mental health and developmental dis- fendant had three prior convictions of on ethnic and racial backgrounds of all abilities. The Department will keep a domestic battery, or a Class 2 felony committed persons (S.B. 1598, Hunter- database of applicants and licensees for with at least four such prior convictions Collins—Ford-Soto-Hernandez- law enforcement, state’s attorneys, the (H.B. 958, McAsey-DeLuca-Willis et D.Burke-Berrios et al.). Attorney General, and court personnel. al.—McGuire et al.). Names of applicants and licensees are Felon Release Notice. The Department not discoverable under the Freedom of Drone Surveillance. Police surveil- of Corrections will notify the state’s Information Act. lance by unpiloted aerial vehicles is attorney, sheriff, police, and/or public restricted to the following uses: (1) housing agency of a felon’s release by Licensees may not knowingly carry to counter a high risk of a terrorist at- e-mail if it is given an e-mail address firearms into (among other places) tack; (2) with a search warrant based (H.B. 3029, Jakobsson-Cunningham). school, college, or university property; on probable cause; (3) with reasonable state or local government buildings; suspicion that quick action is needed Firearms. Concealed carrying. Under court buildings; health or mental health to prevent harm to life, or prevent an a new Firearm Concealed Carry Act, facilities; public transportation vehicles escape or destruction of evidence; (4) the Department of State Police is to is- or other property; a business getting to search for a missing person without sue licenses to carry concealed firearms over half its revenue by serving alcohol; simultaneously participating in a crimi- to applicants who meet qualifications child-care facilities; playgrounds and nal investigation; and (5) to photograph including age of at least 21; having a public parks (except trails or bikeways crime scenes or vehicle crashes. Infor- “FOID” card; not having been con- in hunting areas); zoos; locally licensed mation gathered under these exceptions victed of described crimes in the last public gatherings; and gambling and must be destroyed within 30 days and 5 years, or being a subject of a pend- OTB establishments. Signs must be cannot be disclosed, unless an agency ing arrest warrant or prosecution for a (continued on p. 10)

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 9 Criminal Law Gang Witness Protection. If funds are of an element of an offense (such as (continued from p. 9) appropriated, the Illinois Criminal Jus- a victim’s death) that would put the tice Information Authority will set up crime into one of those categories posted at entrances to places where the a program to aid victims and witnesses (S.B. 1006, Raoul-Collins-Trotter— new act prohibits concealed carrying. helping prosecute gang criminals with Drury-Turner-Zalewski-Dunkin- Private owners can prohibit concealed temporary living costs, moving ex- Currie et al.). carrying on their property by signs (no penses, rent, security deposits, and other signs will be required at residences). relocation costs (H.B. 1139, Welch- Jewelry Theft Study. A Precious Licensees otherwise prohibited from Mayfield-Sims-Thapedi et al.— Metal Purchasers Task Force will concealed carrying in parking areas can Van Pelt-Collins-Raoul-Hunter). study technologies and systems used carry firearms there in vehicles, and to provide law enforcement with store them in cases in locked vehicles Grants—Political Use. State grant re- quick information on sales of precious or containers. cipients that use grant funds, or things metals and jewelry by pawnbrokers, bought with them, for prohibited po- auction sellers, and others, and by Local regulation of handgun and hand- litical activity as defined in the State the end of 2013 report to the General gun ammunition possession, registra- Officials and Employees Ethics Act, or Assembly recommendations and pos- tion, and transportation by concealed- knowingly pay employees from grant sible funding methods for a statewide carry licensees is pre-empted—as is funds for such activity, can be fined up system to collect such information local regulation of transportation of to $5,000 (S.B. 2380, Radogno- and make it available to police (H.B. any firearms and ammunition by FOID McConnaughay-Rezin-Connelly et 3359, Bellock-Tryon et al.—Dillard- card holders. Local regulation of “as- al.—Sandack-Fortner-Drury-Pihos et Noland). sault weapons” was pre-empted 10 al.). days after the new act took effect (H.B. Juvenile Courts. Confidentiality. A 183, Phelps-E.Sullivan-Beiser-Bost- Hazing. Any school official who per- provision allowing juvenile court re- Costello et al.—Forby et al.). sonally observes an act not sanctioned cords, on order of the juvenile judge, by the educational institution that re- Transfers. Any person, not a federally to be inspected by representatives of sults in bodily harm to any person, and licensed firearms dealer, who wants to associations or agencies or the news fails to report it to supervising school sell or transfer a firearm must ask the media is narrowed by saying that it authorities (or police if death or great Department of State Police about the covers only individual juvenile cases bodily harm resulted) will commit fail- validity of the buyer’s or transferee’s for which such orders are made (S.B. ure to report hazing—a Class B misde- FOID card (with exceptions such as 1923, Raoul-Van Pelt-Mulroe-Hunter- meanor, or Class A misdemeanor if it for transfers to family members, at gun Collins—Currie-M.Davis-Bellock- resulted in death or great bodily harm shows, or to persons exempt from hav- Lilly-Evans). (H.B. 1443, Moylan-Wheeler-Willis- ing FOID cards). The owner of a lost Yingling et al.—Kotowski-Steans- or stolen firearm must report the event Jurisdiction expanded. Persons under Martinez-McGuire). to police within 72 hours (H.B. 1189, age 18 (was 17) will be tried in juve- Zalewski-Soto-C.Mitchell-Currie et nile courts unless charged with traffic, Home Detention. A person committed boating, or fish and game law viola- al.—Raoul-Harmon-N.Harris- to the sheriff to serve a statutory mini- Hutchinson-Hunter et al.). tions, or violent felonies (H.B. 2404, mum jail term can be allowed to serve it Currie-Jakobsson-Zalewski-Sacia- in electronic home detention unless (1) “Flash Mob” Organizing. Using Dunkin et al.—Steans-J.Cullerton- such detention is not allowed for that electronic communication to organize Martinez-Raoul et al.). offense or (2) the court requires that the mob action can bring an extended term time be served in a correctional facility of 3-6 years in prison instead of only Juvenile Delinquents. Confinement. (S.B. 1854, Bivins—Demmer-Sacia et 1-3 years (S.B. 1005, Raoul-Dillard- A person 18 or older who is the sub- al.). Connelly et al.—C.Mitchell-Reboletti- ject of a delinquency petition and is adjudicated delinquent can be confined Feigenholtz-Dunkin-Sims et al.). Interrogation—Recording. Several in an adult detention facility. The crimes are added (in stages starting in Game Meat Waste. Wanton waste or juvenile court is to consider several June of 2014, 2015, and 2016) to the list destruction of usable meat from any listed factors when deciding whether of those for which police interrogations game animal or bird will be prohib- to do this (S.B. 1844, Mulroe— must normally be recorded electroni- ited, with exceptions for wildlife that Hoffman-Smiddy). cally for any resulting statements to be destroys property and wildlife used admissible as evidence. Exceptions are for scientific purposes (S.B. 1620, allowed if the questioners did not know Koehler-Hammond).

http://www.ilga.gov/commission/lru/lru_home.html 10 / Legislative Research Unit Post-release care. Delinquent minors others to enable Medicaid fraud (H.B. DUI, refusing a breath test, or failure leaving the Department of Juvenile 71, Cassidy-Manley-Welch-Willis et to stop after an accident. The crime of Justice, who are not habitual or vio- al.—Mulroe-Connelly). aggravated DUI is expanded to include lent juvenile offenders, will go into a DUI while driving a school bus with program of “aftercare release” to help Motor Vehicle Crimes. Accident any passenger(s) (formerly only with them reintegrate through post-release caused by driver who lost license. A minor passengers), and driving a vehi- treatment and services. It will include repeat offense of driving with a sus- cle for hire with any passenger(s) (S.B. a case management plan for commu- pended or revoked license will be a 1764, Kotowski-Dillard et al.—Cross- nity reentry; services such as drug- Class 4 felony if the driver causes an Reboletti-D’Amico-Hatcher-Bellock et abuse treatment, financial advice, and accident resulting in death or a Type A al.). help in finding housing and jobs; and personal injury (as defined) to another a process to review aftercare releasees person (S.B. 1735, Rose—Scherer- Nicotine Products and Minors. Sell- for discharge. Aftercare specialists Brown-B.Mitchell-Franks-Farnham ing an “alternative nicotine product” to and supervisors in the Department et al.). a minor will bring a fine of $200 for a will have powers of peace officers to first offense, $400 for a second offense, retake a releasee who violates a condi- Death by vehicle. A defendant whose and $600 for a third or later offense tion of release; a supervisor can issue Vehicle Code violation proximately in 1 year. An “alternative nicotine an aftercare release violation warrant caused another’s death, and who had product” is any product not containing if a releasee commits any of several a prior conviction for a moving viola- tobacco that introduces nicotine into the listed crimes, or fails to register as a tion or had a license suspension or re- body—other than a federally approved sex offender if required. The Prisoner vocation, cannot get supervision (H.B. smoking-cessation product (S.B. 1756, Review Board will set lengths of af- 1010, D’Amico-Franks-McAuliffe- Mulroe-Collins et al.—Willis-Martwick tercare release (S.B. 1192, Delgado- Farnham et al.—Hastings-Althoff- et al.). Collins-Hunter—Turner-Smith). Silverstein-Noland et al.). Prostitution becomes a Class A misde- Littering. Cigarettes. Cigarettes are Distracted driving. Penalties for tex- meanor in all cases (the current higher explicitly stated to be “litter” under ting, using a cellphone, or watching penalties if committed near schools, the Litter Control Act (H.B. 3243, a video device while driving will be more than once, or accompanying other Mell-Ford-Hurley-Welch-Nekritz— higher if a resulting accident causes listed sex crimes are abolished). With Martinez). severe injury or death to another (H.B. approval by the prosecutor, defendant, 2585, Manley-Chapa LaVia-Smiddy- and court, a person charged with pros- Fine. A mandatory minimum fine of Walsh-Osmond et al.—Sandoval et titution (and not convicted of a violent $50 is required for littering from a al.). crime in the last 10 years, excluding motor vehicle, or for taking trash from time in custody) can be admitted to a a farm, home, or business to a trash DUI test reimbursement. A person mental health court program designed barrel along a public highway or at a found guilty of DUI, or who pleads to address the trauma of prostitution and roadside rest area (H.B. 3081, Mell- down a DUI charge to reckless driv- human trafficking, if such a program is Ford-Welch—Haine). ing, can be charged up to $500 for available (S.B. 1872, Mulroe-Collins- blood withdrawal by a medical pro- Delgado-Van Pelt-Cunningham et al.— Livestock Running Loose. If an fessional for DUI testing (S.B. 1849, Zalewski-Mayfield-Cassidy-Hatcher- owner allows livestock to run loose at Connelly—Reboletti-Smiddy). Martwick et al.). least 10 times, the owner commits a Class 4 felony and the livestock can be Violations and sanctions. A driver’s Recording by Attacker. Making a impounded. The definition of “live- license can be revoked and/or sus- video or audio recording while commit- stock” for this purpose is broadened pended any number of times simul- ting an assault or battery, with intent to (H.B. 733, Cloonen et al.— taneously, with each sanction fully disseminate the recording, is added to Hutchinson-Althoff-Koehler). effective independent of the others. the list of acts constituting aggravated A second offense of driving without assault or battery. A court can impose Medicaid Fraud. Making false state- a valid license will bring mandatory an extended sentence if a defendant ments in connection with Medicaid prison time only if both the first and commits any felony and makes a re- services is raised from a Class A the second offense were committed cording of the crime with intent to dis- misdemeanor to a Class 4 felony. while the violator’s license was sus- seminate it (H.B. 1309, Cassidy-Willis Prohibitions on Medicaid fraud are pended or revoked for any of the fol- et al.—Silverstein-Cunningham). broadened to include misrepresenta- lowing offenses: reckless homicide, tions and other actions by vendors and (continued on p. 29)

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 11 Education

Elementary & Secondary

The General Assembly lowered the mandatory school starting age from 7 to 6; provided for training of school staffs on safety, mental illness, CPR, and child abuse reporting requirements; and authorized some people with technical training to obtain endorsements to teach up to two courses in grades 6 to 12. Health education must address dating violence by the 7th (formerly 8th) grade.

Age to Start School. Beginning in Interfund Transfers. Life-safety 2014-15, children must start school funds. Schools can transfer surplus after they turn 6 (now 7) (S.B. 1307, Life Safety Fund money to Operations Task force. The State Board of Educa- Lightford-Raoul-Noland-Collins- and Maintenance for repairs through tion is to have a task force to study the Hunter—Ford-Welch-Scherer- June of 2016 (formerly 2013) (H.B. 3, security of schools and recommend M.Davis-Flowers et al.). Chapa LaVia-Pihos-Franks-Farnham minimum standards to increase safety. et al.—J.Sullivan-Lightford). The task force must report to the State Biliteracy Seal. Starting in the 2014- Board by January 1, 2014 with recom- 15 school year, schools may add a Non-Chicago district extension. Inter- mendations for (1) changes to state law State Seal of Biliteracy to diplomas fund transfers for other than one-time and (2) model security policies. The of students proficient in a language in reasons are allowed through June report will be exempt from disclosure addition to English. The State Board 2016 (extended from 2013) for non- under the Freedom of Information Act must adopt rules for testing students Chicago districts. One district is given (S.B. 1931, Bivins-Althoff-Martinez et and awarding seals. Students may be additional flexibility to make trans- al.—Demmer-Sente). charged evaluation costs (S.B. 1221, fers, including from its tort immunity Martinez-Holmes et al.—Soto-Fortner- fund, through June 2016 (H.B. 160, Sex Education. Schools that offer sex Chapa LaVia-Drury et al.). Osmond-Senger-Moffitt—Bush). education in grades 6-12 must include instruction on both abstinence and con- Dating Violence. Comprehensive Iraq and Afghanistan Veterans traception, and state that abstinence is health education programs must cover Remembrance Day (October 7) is “a responsible and positive decision” teen dating violence starting in grade added as a commemorative holiday (in place of “the expected norm”). 7 (was grade 8). School boards must but remains a school day (S.B. 1703, Materials must be medically accurate, have policies for training students and Haine-Manar-Hastings et al.—Kay- complete, and evidence-based. The employees on teen dating violence and Moffitt-Cavaletto et al.). State Board, with input from another for responding if it occurs in school organization, must make available sex contexts (H.B. 3379, Tabares-Chapa Physical Education requirements education materials that schools may LaVia-M.Davis-Soto-D’Amico et al.— may be waived for students with indi- adapt for their use (H.B. 2675, Lilly- Martinez). vidualized educational programs who Gabel-Nekritz-Jakobsson-Feigenholtz participate in adaptive athletic pro- et al.—Steans-Holmes-Hunter-Raoul et Insurance for Athletes. Public and grams outside school (S.B. 2157, al.). private schools must buy catastrophic Cunningham et al.—McAsey et al.). accident insurance for student athletes Social Networking Passwords. A new in grades 9-12 unless they require stu- Safety. Drills. Evacuation drills may act forbids public and private schools, dent athletes to be covered by other be held to prepare for suspicious colleges, and universities from asking insurance. Schools’ coverage must persons (added to other kinds of in- or requiring that students or parents provide at least $3 million or 5 years of cidents). Schools’ law enforcement provide passwords or access to students’ benefits for injuries that result in medi- drills must focus on a shooting inci- social networking accounts, unless an cal costs over $50,000. The Illinois dent. Local police are to participate institution has reason to believe that High School Association must offer a in such a drill unless a date cannot be an account contains evidence that the group policy for schools; the Chicago agreed upon, and notify the school of student violated its rules (H.B. 64, Ford- Public Schools may self-insure (S.B. deficiencies found (S.B. 1625, Collins Fortner-M.Davis-Flowers et al.— 2178, Harris-Collins-B.Brady- et al.—Chapa LaVia-Lilly). Collins). Hunter—W.Davis-Dunkin-D.Harris- Rita et al.).

http://www.ilga.gov/commission/lru/lru_home.html 12 / Legislative Research Unit Special Ed Complaint Procedures. April 1, 2013 to April 1, 2014 except two programs’ standards and makes The State Board of Education must in Chicago. The State Charter School several changes in those standards. adopt rules on complaints complying Commission must report by March 1, The Golden Apple program will be with stated federal regulations, and 2014 on the effect of virtual schooling, managed by a nonprofit foundation require that schools getting complaints with policy recommendations (H.B. by grant agreement with the Student follow procedures stated in this amen- 494, Chapa LaVia-Pihos-Kosel et Assistance Commission (S.B. 1791, datory act. Students with disabilities al.—Bertino-Tarrant-Holmes-Collins Martinez-Manar et al.—Flowers et are to remain in their educational et al.). al.). placements during mediation on placement; parents have 10 days after me- Weapons and Gangs. Responsibili- Military Priority Enrollment. State diation ends to request a due process ties of principals are stated to include universities and community colleges hearing (H.B. 1288, Gabel— notifying police as needed to protect must give the earliest offered enroll- Kotowski-Delgado et al.). students and staff against illegal weap- ment opportunity to eligible members ons and gang activity. Courts and of the armed forces and veterans (S.B. Teacher Licensing. A part-time pro- police are to notify principals whose 2245, Righter-Kotowski-Bush et al.— visional career and technical educator students are detained for illegal gang Cloonen-Halbrook-Leitch-Rita et al.). endorsement to an Educator License activity (H.B. 2768, Welch-W.Davis- with Stipulations is created for teach- Hernandez-Ford et al.—T.Cullerton- Research—Public Availability. By ing up to two courses in grades 6-12. Lightford). 2014, each public university must It is valid for 5 years and is renewable name an Open Access to Research (H.B. 1868, Unes-Wheeler-Chapa Task Force to propose policies on ac- LaVia-Evans-Brauer et al.— Higher Education cess to faculty research articles. Each J.Sullivan). task force must consider at least 10 New laws reduce or eliminate listed topics, and report its recommen- Training. Child abuse reporting. tuition charges for some military dations by January 1, 2015 to the uni- School staff who are required to re- veterans at public colleges and versity’s board, the Board of Higher port suspected child abuse must get universities; make it easier for Education, the General Assembly, training within 1 year after hiring armed forces members and and the Governor (S.B. 1900, Biss- and every 5 years thereafter from a veterans to enroll; and encour- Althoff-Collins—Burke-Riley et al.). provider or agency with expertise in age public universities to in- recognizing such abuse (H.B. 2245, crease public access to faculty Veterans’ Tuition. National Guard Chapa LaVia-M.Davis-Walsh et al.— publications. members who have served more than Delgado-Bush). 10 years can get 2 years of tuition Alcohol at Chicago State. Chicago and fees waived at a state university CPR. If video training, not over 15 State University’s trustees can autho- or community college—added to minutes long, on hands-only CPR and rize sale of alcohol at some university the existing 4 years for anyone who AED use is provided to the Illinois events under policies based on stan- serves at least 1 year in the Guard High School Association, it must post dards similar to those now applying (S.B. 2229, Frerichs-McCann et al.— it on its Website, and schools must to the U of I, Northern Illinois, and Conroy-Costello-Cloonen-Kifowit- notify and encourage parents and staff Illinois State University (H.B. 631, Jackson et al.). to view it (H.B. 1225, Burke-Osmond- Riley—Hunter). Beiser-Verschoore et al.—Hastings- Other. Veterans using benefits under Collins et al.). College Savings Programs. The Illi- the federal Post-9/11 Veterans As- nois Student Assistance Commission’s sistance Act of 2008 are to be deemed Mental illness. School employees authority to offer college savings pro- Illinois residents for tuition rates at working with students in grades grams is repealed (H.B. 2674, public universities and community 7-12 must be trained to identify and Jakobsson et al.—McGuire). colleges (H.B. 2353, Cloonen-Brown- respond to warning signs of mental Willis-Pritchard-Jakobsson et al.— illness (H.B. 3070, Farnham-Ford et Golden Apple Scholars. Under Hastings-Muñoz). q al.—Delgado-Collins-Lightford). P.A. 96-411 (2009), the Illinois Fu- ture Teacher Corps Program was to Thomas J. Bazan Virtual-School Moratorium. Charter be merged into the Golden Apple Senior Research Associate schools with new virtual-schooling Scholars of Illinois Program by July components may not be started from 1, 2012. This new act merges the

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 13 Environment & Conservation

New laws regulate underground “fracking” to release petroleum products; promote development of wind energy in Lake Michigan, but allow any municipality to stop new commercial wind-powered generators within its boundaries; and facilitate composting in Chi- cago. Two kinds of bonds to promote energy efficiency have been authorized.

Asphalt Shingle Disposal. The owner within one-half mile of its boundaries, of a landfill that is within 25 miles of and its product is used agriculturally by an Illinois EPA-approved asphalt roof- its owner (H.B. 2335, Gabel-Pritchard- of Natural Resources (DNR), and their ing shingle recycling operation may Mell-Soto-Jakobsson et al.—Steans- locations will be limited by setbacks not accept loads of whole or processed Koehler-Holmes et al.). and other siting restrictions. Require- asphalt shingles for disposal. Shingles ments for permit application, modi- mixed with municipal waste can be Development Bonds; Emerald Ash fication, suspension, and revocation; allowed. The EPA must post online a Borers. The Illinois Finance Authority insurance; disclosures; and water qual- list of approved asphalt shingle recy- may issue bonds for industrial, environ- ity monitoring are created. Detailed cling operations (S.B. 2226, Sandoval- mental, or Energy Efficiency Projects technical requirements will govern all Landek et al.—Hoffman-McSweeney outside Illinois if they are owned or fracking operations. A legal presump- et al.). operated by Illinois entities or by enti- tion is stated that any pollution or ties affiliated with them—or, in the case reduction of a water source occurring Clean-Fueled Vehicles. Starting in of environmental facilities, they will near, and first found during or within 2016, 25% of vehicles bought with help protect Illinois’ environment. The 30 months after, a fracking operation state funds (except Department of Cor- Authority is exempted, through 2018, was caused by it. rections vehicles and Department of from some Illinois Procurement Code State Police patrol cars) must be pow- requirements for its legal, financial, and A severance tax, at higher rates for ered by electricity or petroleum gases. similar contracts. It may administer an more productive wells, will apply to oil The Toll Highway Authority is to pro- Emerald Ash Borer revolving loan pro- from fracking wells that produce more vide at least one electric vehicle charg- gram to help local governments protect than 15 barrels per day of oil, and to all ing station at each tollway oasis start- standing ash trees against the Emerald gas from fracking wells. Its rate will be ing that year; the Illinois Department Ash Borer (S.B. 1603, Hastings et reduced if at least 50% of the construc- of Transportation may provide one or al.—K.Burke-Jakobsson-Sosnowski- tion hours on a well were done by Il- more such stations at each Interstate Demmer-Verschoore et al.). linois construction workers paid at least highway rest area if electric supply and prevailing wages. DNR, aided by the federal regulations allow it (H.B. 2695, Energy-Saving Loans. Electric and State Geological Survey, must report D.Harris—Kotowski-Morrison). gas utilities must offer, to retail custom- to the General Assembly and Governor ers owning multi-family residential or by February 1, 2014 on prospects and Composting. Chicago landscape com- mixed-use buildings with up to 50 resi- recommended further actions regarding posting sites are exempted from the dential units, programs that allow cus- fracking. A Task Force on Hydraulic requirement that any part of a pollution tomers to borrow money for energy ef- Fracturing Regulation will report to control facility devoted to composting ficiency measures for the buildings and the General Assembly and Governor must be at least one-eighth mile from repay through utility bills. Costs may by September 15, 2016 with its recom- the nearest residence not on the same not be passed on to building tenants’ mendations (S.B. 1715, parcel. No composting operation per- utility bills. Projected savings of such Frerichs-Koehler-Althoff-McCarter- mit will be needed for a noncommer- a measure must at least equal projected Forby et al.—Bradley-Reis-Bost- cial operation that has no more than 25 costs including finance charges (S.B. Williams-Jakobsson et al.). cubic yards of landscape waste, addi- 2350, Collins-Noland—Turner- tives, composting material, and finished C.Mitchell-Riley-Fortner). (S.B. 2155, summarized in the Revenue compost on-site at a time. Another article, addresses property taxation of exemption will apply to a noncommer- Fracking. A new act will regulate high- real estate used for “fracking.”) cial compost facility meeting several volume horizontal hydraulic fracturing conditions—including that at least to obtain oil and gas. Such operations (continued on p. 15) 10 occupied non-farm residences are must have permits from the Department

http://www.ilga.gov/commission/lru/lru_home.html 14 / Legislative Research Unit Environment & Hunter or Fisher Interference; allowing offshore wind park construc- Drones. A hunting or fishing license tion and operation (H.B. 2753, Gabel- Conservation may be revoked or denied for up to Fine-C.Mitchell-Nekritz-Feigenholtz (continued from p. 14) 5 years for hunter or fisher interfer- et al.—Biss-Noland-Bush). Game Hunting. Fur-bearing mam- ence—the definition of which is mals (added to white-tailed deer) may expanded to include using drones to Municipal ban. A municipality may be hunted with shotguns loaded with impede hunting or fishing (H.B. 1652, prohibit new wind-powered electric slugs (H.B. 1651, Rosenthal- Brown-Biss). generators, other than those with Verschoore-Halbrook-Harms- nameplate capacity below 100 kilo- Costello—LaHood-Koehler). Wind Energy. Lake Michigan. DNR watts that are primarily for end users must develop a detailed offshore siting of the electricity (H.B. 1201, Sos- Permission required. No one may plan for the Illinois portion of Lake nowski et al.—Althoff-Rose). q shoot at animals on, or flying over, Michigan, showing areas suitable and another’s property without permission unsuitable for using wind energy. The Robert L. Bayless from the owner or from a designee Governor is to convene a task force to Senior Staff Scientist identified in a notarized writing (S.B. study policy and options for such use. 1831, B.Brady-Haine—Hammond- DNR may issue permits and leases Costello et al.).

Business & Economic designated a high-impact business to include limiting fees to local govern- qualify for various tax exemptions. ments outside Chicago for public, Development Reporting requirements for businesses education, and government access to (continued from p. 5) getting enterprise zone and river edge 1% of gross revenue; deleting a re- south suburbs of Chicago. A “Manag- redevelopment zone tax exemptions are quirement that providers with 300,000 ing Partner” chosen by Cook County increased. to 1 million access lines provide cable will propose to the Department of service to specified percentages of Commerce and Economic Opportunity Up to $18 million per year of sales and their telephone customers; and remov- (DCEO), and get approval for, a master use tax revenues will be transferred to ing some provisions for customer plan to redevelop industrial sites in that cover deficits in the Underground Stor- protection. area, including specified percentages of age Tank Fund. minority hiring and contracting with mi- Telecommunications. The Universal nority-owned firms. The Fund is to be The McCormick Place Expansion Telephone Service Protection Law of supported by up to $3 million per year in Project Fund can be used for the added 1985 is extended to July 2015. Many incremental income tax revenues from purpose of providing a multi-use fa- other changes are made to telecommu- persons employed at completed facilities cility in a block west of McCormick nications regulation, including allow- in the zone; other revenues may be ob- Place North. The requirements for ing a carrier to provide competitive tained to support these projects. auditing of McPier for compliance with services under a “written service of- exhibitor-rights requirements are made fering” in lieu of a more formal tariff, A new Riverfront Development Fund more flexible, including a reduction in and increasing the kinds of services will be used, with somewhat similar frequency from semiannual to annual that are subject to competition rather conditions, to develop riverfront lands in (S.B. 20, Hutchinson-Harmon- than regulation. a financially distressed city. Hastings-McGuire et al.—Bradley- Brown-Mautino-Riley-W.Davis et al.). Wireless Emergency Telephone Safety Any enterprise zone in existence when Act. The act is extended 1 year to July this act takes effect that was to last for Telecommunications and Cable 2014. An advisory board will make 20 years may be extended for 10 more Regulation. Cable and video. A 2007 legislative recommendations by Feb- years by the local government that cre- act on cable and video competition is ruary 2014 on whether to consolidate ated it and DCEO; other provisions are extended to July 2015, and statewide 911 telephone services (S.B. 1664, made for extending enterprise zones. franchises are extended 2 years to the Harmon-Murphy-Althoff-Muñoz- end of 2015. Providers must notify Clayborne et al.—K.Burke-Bost- A firm planning to invest at least $500 the ICC if they will continue providing Phelps-Jefferson-Acevedo et al.). q million to build a fertilizer plant in Il- service under state authority. Changes linois, adding at least 125 jobs and to cable and video service regulation Thomas J. Bazan meeting other requirements, can be Senior Research Associate

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 15 Health & Safety

Requirements intended to promote several kinds of vaccinations were expanded, along with requirements for neonatal testing for diseases. A pilot program will allow persons who have some kinds of diseases to use cannabis. Requirements are added for training of persons handling food at restaurants and other places. A late 97th General Assembly law provides for planning to help broadcasters inform the public after disasters.

Amusement Ride Safety. The defini- Contact Lens Dispensing. Contact tion of “amusement ride” is expanded lenses may be dispensed only by li- to include inflatable attractions such as censed optometrists, licensed pharma- bounce houses and slides. Minimum cists, and physicians; decorative con- must have procedures for transferring liability insurance for each operator tacts are explicitly included. “Direct calls (H.B. 2856, Manley-Willis- of an amusement ride is greatly in- supervision” is defined for purposes of E.Sullivan-Pihos et al.—Bertino-Tar- creased, to $1 million per occurrence a provision restricting how optometry rant). and $2 million per policy period. The assistants can act in dispensing contact Department of Labor may adopt by lenses (S.B. 2218, Frerichs-Bivins— Emergency Shelters. A Civic Center reference standards from recognized K.Burke-Sims). Authority whose governing law adopts organizations that promote carnival this new section by reference must ride safety. The Department can sus- Early Intervention Services—Insur- make its buildings available in emer- pend or revoke an operating permit, ance Coverage. A policy of accident gencies on request by the Illinois Emer- and must notify an owner or operator and health insurance covering early gency Management Agency (IEMA), of reasons. Appeal procedures are intervention services must provide that another accredited emergency response provided (S.B. 2184, Mulroe— use of private health insurance to pay agency, or the American Red Cross Martwick et al.). for early intervention services under (H.B. 2737, Moffitt-Mayfield-Pihos et federal law may not (1) result in loss al.—Koehler). Breast Cancer Patient Education. of benefits due to annual or lifetime The Illinois Department of Public insurance limits for, (2) reduce avail- Epilepsy Deaths. Every autopsy is to Health (IDPH) must have a campaign ability of health insurance to, or (3) include an inquiry whether death was to inform breast cancer patients need- be a basis for increasing the health due to seizure or epilepsy. If findings ing surgery—particularly minor- insurance premiums of, an infant or are consistent with sudden, unexpected ity women—on the availability and toddler with a disability, the parent(s), death in epilepsy (SUDEP), the death coverage of breast reconstruction, or family members covered by the certificate must so indicate and a copy prostheses, and other options. The policy. Early intervention services are must be forwarded to the national campaign may not specify, or be to include nursing services, nutrition SUDEP Registry (S.B. 1226, Kotowski- used as a way to limit, the health care services, and sign language and cued Mulroe-Hunter-Connelly-Collins et providers available to patients (H.B. language services. Statewide services al.—D’Amico-Osmond-Soto-Fine- 3175, Hatcher-Mayfield-Chapa LaVia- system timetables for providing early Cassidy et al.). Flowers-M.Davis et al.—Hunter- intervention services are to be based Collins et al.). on scientifically based research when Food Service. “Food handlers” must practical (S.B. 626, Hunter-Morrison— get specified kinds of training in food Children’s Products at Childcare Feigenholtz-Bellock-Mautino et al.). safety starting in July 2014 for restau- Facilities. The Department of Chil- rants, and July 2016 for other places. dren and Family Services must keep a Emergency Call Forwarding. The Starting July 1, 2014, to qualify for a roster of childcare facilities that lack Illinois Commerce Commission must new or renewed food service sanitation Internet access, and ensure that they prepare a directory of all Illinois 911 manager certificate, a person must get register for mailing lists of children’s call systems, including a 10-digit at least 8 hours of training approved products recalled for safety reasons phone number that can be used to by IDPH that meets standards stated in (S.B. 1191, Delgado-Collins-Martinez transfer calls to each such system from this act, and pass an exam (S.B. 1495, et al.—Evans-DeLuca et al.). another one. The directory must be Martinez-Althoff-Mulroe—Burke- available to every 911 authority, which Zalewski-Feigenholtz et al.).

http://www.ilga.gov/commission/lru/lru_home.html 16 / Legislative Research Unit HIV. A provision requiring the state Newborn Screening. IDPH must re- Laws From 2012 Veto Session or local health department to report to quire screening of every newborn for a school principal the presence of an genetic and congenital anomalies cho- Emergency Broadcasting. Radio and HIV-positive child in the school, and sen by IDPH (added to metabolic dis- TV broadcasters, cooperating with authorizing the principal to notify the orders). It must also require screening IEMA and the Illinois Broadcasters’ school nurse and the child’s teachers, for congenital heart defects at hospitals Association, may develop plans to pre- is repealed (H.B. 61, Ford-Currie-G. and birthing centers. Members of the pare for and respond to an emergency Harris-Flowers-Feigenholtz et al.— Department’s Genetic and Metabolic or disaster. Programs may be begun Martinez-Steans-Collins-Delgado- Diseases Advisory Committee may be to train and certify broadcast engineers Hunter et al.). compensated for expenses incurred in and technical person as “first informer such service (H.B. 2661, Gabel et al.— broadcasters.” Where practical, state Medical Cannabis. Beginning next Steans-Mulroe-Silverstein-Hunter- and local agencies must allow them to January, a person diagnosed with a McCann et al.). enter areas affected by emergencies “debilitating medical condition” listed or disasters for purposes of restarting in this act or added by IDPH may be Tanning Under 18. Persons under 18 broadcasting (P.A. 97-1155, enacted by issued an ID card by IDPH to buy may not use ultraviolet tanning equip- H.B. 5528, Bradley-Bellock-Costello- medical cannabis from licensed can- ment at commercial tanning salons. Pritchard—Munoz-Dillard et al.). nabis dispensaries. A 4-year pilot Spray-on tans are not affected (H.B. program will allow up to 22 marijuana 188, Gabel-Poe-Jakobsson-M.Evans Health Maintenance Organizations cultivators and 60 dispensaries in Il- et al.—Radogno-Silverstein-Dillard et may charge deductibles and copay- linois. Each patient may get no more al.). ments to enrollees. Such payments, than 2.5 ounces of cannabis every 2 along with premiums, are their only weeks, from an in-state dispensary. A Vaccinations. Flu and pneumococcal. allowable charges for medical services. 7% privilege tax will be imposed on Hospitals must adopt pneumococcal Deductibles plus copayments for basic cannabis sold for medical purposes. disease immunization policies for all health care may not exceed the an- Cannabis cultivation organizations and patients (now those 65 or older) based nual maximum out-of-pocket cost of a dispensaries may not make campaign on federal recommendations. Nurs- federally defined high-deductible plan contributions, and will be charged an ing homes, community care facilities (P.A. 97-1148, enacted by S.B. 3233, Illinois income tax surcharge equal to for the developmentally disabled, and Haine—Mautino-Currie). q any federal income tax liability they long-term-care facilities for persons incur on voluntary sales of their prop- with severe mental illness are to vac- Robert L. Bayless erty. Patients with cards allowing can- cinate residents for pneumococcal Senior Staff Scientist nabis use may drive but must not be disease whether or not they are at impaired by cannabis use, and may be least 65 (H.B. 3191, Tracy-Osmond— required to take field sobriety tests if Kotowski et al.). there is evidence of impairment (H.B. 1, Lang-Cassidy-Welch-G.Harris- Meningococcal. IDPH must require Gabel et al.—Haine-Holmes- vaccination against meningococcal “Character is like a Martinez-Delgado et al.). disease of all students entering 6th and tree and reputation 12 grades, subject to existing parental like a shadow. The Multiple Sclerosis (MS) Task Force. and medical exemptions (H.B. 3190, A 16-member MS Task Force will be Osmond-Gabel—Jacobs-Althoff). shadow is what we established in IDPH. It will develop think of it; the tree strategies to address unmet needs of Pertussis. Hospitals must inform par- is the real thing.” persons with MS; work to increase ac- ents of children in neonatal intensive cess to treatment and other therapeutic care units of the importance of getting Abraham Lincoln options; and develop strategies to im- family members immunized against prove MS education and awareness. pertussis (whooping cough) to mini- It is to report to the Governor and mize risks of infecting their newborns General Assembly by the end of 2015 (S.B. 1623, Manar-Mulroe—Golar- http://www.brainyquote.com/ (S.B. 1640, J.Cullerton-Holmes- Gabel-DeLuca et al.). quotes/authors/a/abraham_ Collins-Bivins et al.—Williams- lincoln.html Currie-Riley-Bellock-Leitch et al.).

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 17 Local Government

New laws seek to protect people in parades and funeral processions. County ethics requirements will apply to all appointees of the head of the county board. At least one township in Cook County can be abolished under statutory procedures.

Bidding Thresholds. The threshold Commerce Commission supervision above which contracts of the Regional (S.B. 1409, Harmon—Lilly- Transportation Authority, Chicago McAuliffe-Arroyo-Martwick- Transit Authority, Metra, and some D’Amico et al.). local transit districts must be placed for bids was to rise from $10,000 (for Fires (Banned) Charges. A fire pro- most bodies) to $40,000 (S.B. 1474, tection district may charge a fee to may bar any part of a planned route that would cross active railroad tracks Link—Rita, vetoed, not overridden). douse an open fire that was prohibited due to atmospheric conditions (S.B. (H.B. 3255, Nekritz-Moffitt-Lang- County Appointee Ethics Require- 1417, Noland—Moffitt-Fortner- Osmond-Fortner et al.—Manar- ments. Persons appointed by a county Smiddy-Willis-Bost). Bivins-Muñoz-Righter-Link et al.). board president or chairperson must obey the county’s ethics policies Funeral Procession Violations. A Township Abolition. A township in and be subject to its ethics officer or municipality can charge an adminis- Cook County that is substantially co- inspector general (H.B. 2925, Fine- trative fee for impounding a vehicle terminous with a municipality whose Drury-Sims-Nekritz-Moylan et al.— whose operator drove it recklessly governing body exercises township Biss-McConnaughay). in, or in interference with, a funeral board powers or has at least one procession (S.B. 2154, Cunningham- member on the township board, and County Budgets must have detailed Silverstein-E.Jones-Collins—Hurley- which is at least 7 square miles, can be statements of any bonus or increase D.Brady-Welch-Rita-Walsh et al.). abolished by referendum. If that hap- in compensation, not subject to a pens, the municipality will assume tax union agreement, to any recipient of Open Space Land Funds. A “dis- assessment, public health, general as- county money, whether or not a union tressed” local government as defined sistance, and highway functions of the member (H.B. 2482, Cabello-Franks- by Department of Natural Resources abolished township (S.B. 1585, Biss- Farnham-Sente-Chapa LaVia— regulation may get state funds for up Steans-Althoff—Gabel-Fine-Cassidy- Stadelman et al.). to 90% (normally 50%) of the funds Yingling-Drury). to acquire and improve land for parks Elmwood Park Railroad Project. and other recreation areas. No more Veterans—Degree Waiver. The An Elmwood Park Grade Separation than 10% of the total funding for this requirements that applicants for mu- Authority is created and charged with purpose in any year may go to a single nicipal police forces have associates’ separating the grades of railroad tracks project (S.B. 1341, Lightford—Welch- or bachelors’ degrees can be waived from those of Grand Avenue in that Cavaletto-Rosenthal-Verschoore- if they served specified amounts on village. Its nine-member board (in- Costello et al.). active military duty and were not cluding five voting members) will be dishonorably discharged (S.B. 1908, appointed by the Governor with Sen- Parade and March Safety. Parades Barickman-Silverstein et al.—Harms- ate confirmation from specified classes are added to the kinds of events sub- Cloonen-Sims et al.). q of persons. It can exercise eminent ject to an act requiring a permit or domain power; sell bonds; and accept police permission to assemble on Julie A. Dutton federal and state grants and appropria- streets at more than one location. The Research Associate tions. It cannot levy a real property local authority authorizing an assem- tax. Its work will be subject to Illinois bly, march, parade, or other gathering

http://www.ilga.gov/commission/lru/lru_home.html 18 / Legislative Research Unit Professions & Occupations

Several professional licensing laws have been amended to increase protections against drug addicts and sex offenders. The allowable scope of practice of advanced practice nurses is expanded to include more kinds of primary health care. Some kinds of military service will be recognized in licensing.

Accounting. The Illinois Public Ac- electrical equipment and systems must counting Act is renewed to 2024. be examined, tested, and maintained Changes include expanding the list of by a mine electrician (S.B. 2255, Clay- activities that are prohibited without borne—Beiser-Cavaletto). being licensed as a certified public ac- countant; allowing separate licensing Community Association Managers. under statutory standards of care. of individual CPAs and CPA firms; and A 2009 act on managers for commu- They may provide enteral or paren- authorizing medical exams of applicants nity associations (including condomin- teral nutrition only by meeting further and licensees suspected of being drug ium and cooperative developments) requirements. They may provide abusers or sex offenders (H.B. 1716, is broadened to provide for licensing medically prescribed diets in consulta- Rita-Durkin-Roth et al.—Martinez- of several kinds of firms, in addition tion with any physician licensed under LaHood-Connelly-Mulroe et al.). to people, to perform those functions. A firm offering such services must be the Medical Practice Act acting within Advanced Practice Nurses. The scope supervised by a person licensed to do the scope of such practice—except to of functions that an advanced practice so under the new provisions (H.B. 595, residents of a nursing home, where the nurse may perform under a collabora- Nekritz—Raoul-Mulroe). consultation must be with an M.D. or tive agreement with a physician is ex- D.O. (S.B. 1229, Martinez et al.— panded, and includes providing physical Credit-Related Insurance. After Zalewski). exams, health screenings, and other pri- receiving training from the insurer, a Electrologists. The Electrologist Li- mary care if within the scope of the person can be issued a limited lines censing Act is renewed to 2024, with AP nurse’s training and experience. producer license to sell credit life, provisions for evaluating licensees and Unless there is an actual employment credit accident and health, and other applicants who may be drug abusers relationship between the physican and kinds of credit insurance approved by or sex offenders and a doubling of the nurse, those functions can be performed the Director of Insurance (S.B. 1758, maximum civil penalty for unlicensed anywhere in the state (H.B. 1052, Haine—Mautino-Hammond). practice (H.B. 532, Zalewski— Bradley-Cassidy-Feigenholtz-Jakobsson Dental Anesthesia. The categories of Martinez). et al.—Steans-Haine-Mulroe-Frerichs anesthesia that a dental assistant can et al.). monitor, under a dentist’s supervision, Electronic Filing of Documents. Ar- chitects, professional engineers, and Architects. A provision allowing per- are expanded; but it is clarified that land surveyors may electronically sign sons to qualify for licensing without one dentist can supervise a total of no their work products. Any municipal- professional degrees, but with 4 years more than four such dental assistants ity may accept documents that have of pre-professional baccalaureate at a time (S.B. 1217, Haine et al.— electronic signatures for things such education plus further training, is ex- McAuliffe-K.Burke-Rosenthal). as technical submissions (S.B. 1826, tended 2 years through 2015 (S.B. 1792, Detectives, etc. The act on private E.Jones-Silverstein et al.—Rita- Martinez-Radogno-Delgado-Van Pelt et detectives and related occupations is DeLuca-Fortner-Tryon-Ives). al.—Schmitz-Bellock et al.). renewed to 2024 with some changes, EMTs. Military training and experi- Auctioneers. An exception to the pro- including provisions on supervision of ence in emergency medical assistance hibition on auctioning of real estate an agency after the licensee in charge is to be recognized in EMT licensing. without a real estate broker’s license is of it ceases to be employed there; Required amounts of continuing edu- created for a licensed auctioneer who requirements for a fingerprint-based cation are specified for each license obtains a real estate auction certifica- criminal background check of each class (H.B. 3186, Moffitt-Kosel- tion after 30 hours of training (S.B. 92, member of a private security force; Zalewski-McAuliffe-Bost—Frerichs- M.Sullivan—Sacia). and added procedures in disciplinary cases (H.B. 2723, Rita—Althoff- Hastings-Rose et al.). Coal Mine Electricians. A person may Harmon). Lender Regulation. The Department be certified as a mine electrician based of Financial and Professional Regula- on training or experience, plus passing Dietitians and Nutritionists may tion (DFPR) is authorized to establish a State Mining Board exam. Coal mine provide their services by “telepractice” (continued on p. 23)

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 19 Revenue

Several changes were made in the taxation of horse racing and the distribution of proceeds from it. Homestead exemptions from property taxes are increased, and increases in the assessed value of property due to its use for fuel extraction by “fracking” will be taken into account for purposes of the Property Tax Extension Limita- tion Law. Various new fees for use of recreational lands and facilities have been authorized. Income Taxes on oil and gas production by fracking to 2003 but was reinstated July 9, 2012) chief county assessment officers (S.B. is reinstated retroactive to July 1, 2003; Ex-offender tax credit. This credit is ex- 2155, Frerichs—Bradley). but no tax already paid will be refunded panded as follows: (1) its limit is raised (H.B. 2918, Costello-Mautino-Phelps- from $600 to $1,500 per hire; (2) its ap- Homestead exemptions. The maximum Bradley-Bost et al.—Manar-McCann plication is expanded to persons convict- senior citizen’s homestead exemption et al.). ed of any crime(s) other than those that is raised from $4,000 to $5,000 in Cook require registration as a sex offender; County for tax year 2012, and all other Rental vehicles. The exemption of rent- (3) it applies to persons hired within 3 counties for tax year 2013. The maxi- al vehicles from sales tax is expanded years (formerly 1) after release; and (4) mum general homestead exemption is to apply to all First Division vehicles it is exempted from an automatic sunset raised from $6,000 to $7,000 in Cook and Second Division vehicles of under provision (S.B. 1659, Van Pelt-Collins- County for tax year 2012 but will remain 8,001 pounds (formerly only First Di- Link-Trotter-Hunter et al.—Turner-T. at $6,000 in all other counties (S.B. vision and some van- or camper-type Jones-Mayfield-Welch et al.). 1894, Hutchinson-Murphy-Collins-Mul- Second Division vehicles) (S.B. 1772, roe et al.—Bradley-Madigan-Zalewski- Sandoval-Althoff-Muñoz et al.— Jobs tax break. A manufacturer that ap- Mayfield et al.). Turner-Brauer-Bost). plied to the Department of Commerce and Economic Opportunity in 2010 for Homestead exemption errors. Cook Miscellaneous Taxes exemption from state and local util- County assessment notices must list any ity taxes added to utility bills, based homestead exemptions applying to each Horse racing. Advance-deposit wa- on investments allowing job retention, parcel. Taxpayers who got homestead gering can continue until January 31, can extend the schedule for retaining exemptions erroneously in past years 2014; the surcharge on winnings stays jobs by keeping at least 750 jobs in may pay those back taxes with interest, at 0.18%. The pari-mutuel tax rate for each year 2013 through 2017, in lieu of but no penalty, for 60 days after getting Fairmont Park stays at 0.75% (rather keeping 1,000 jobs in 2013 (S.B. 1379, that information. Afterward the assess- than rise to 1.5% when funds from a Koehler—Unes-Gordon-Booth-Leitch- ment officer may record a lien for back 10th license were received). Some Sommer). taxes plus 10% annual interest and, if transfers from the State Gaming Fund there were multiple erroneous exemp- are required: one-time transfers of Property Taxes tions, a 50% penalty. The taxpayer will $92 million to the School Infrastruc- be notified of the lien and may appeal. ture Fund (SIF) and $23 million to the Ambulance service tax. A fire protection Horse Racing Equity Fund, and annual district, by referendum, may levy a tax But an amnesty for past taxes unpaid due to erroneous homestead exemptions will transfers totaling $1.6 million for Chi- up to 0.4% of assessed value (formerly cago State University operations (in up to 0.3%) to provide ambulance ser- be offered until the end of 2013, unless the taxpayer was already under investi- lieu of the 2% of operations from a new vice (H.B. 3233, Leitch-Mautino-Mof- casino that it was to get) and $66.36 fitt-Bost—LaHood). gation or had claimed at least three such exemptions in error (S.B. 41, Muñoz- million to the SIF. Separately, 20% of all deposits to the SIF must go to Fracking property. The definition of Link et al.—Currie-Cassidy-Berrios- Zalewski et al.). Chicago Public Schools and the rest for “new property” for the Property Tax Ex- construction at other schools. Funds in tension Limitation Law is expanded to Sales Taxes the Horse Racing Equity Fund are dis- include increased assessed value due to tributed by the Racing Board (instead oil or gas production from a new “frack- Mining. The exemption of equipment of the Treasurer) (S.B. 1884, Hutchin- ing” operation. The Department of for coal and aggregate exploration, min- son—Lang-D.Burke-Riley-Jefferson). Revenue must annually send information ing, and processing (which ended July 1,

http://www.ilga.gov/commission/lru/lru_home.html 20 / Legislative Research Unit Little cigars. Taxation and regulation Laws From 2012 Veto Session of little cigars is transferred from the Cigarette Tax Act and Cigarette Use Natural Resources Use Fees. The Tax Act to the Tobacco Products Tax Department of Natural Resources may LRU Publications Act of 1995, but they will continue charge entrance fees for state parks, to be taxed like cigarettes (S.B. 338, trails, beaches, and other facilities including the State Museum. It may The following are some of the Hutchinson—Currie). publications that are made available also charge fees for grant application and can be found on the LRU processing, and for consultation on Utilities. In a 2009 case on income tax Internet site at: http://www.ilga.gov/ credits for investments by retailers, endangered species protection and commission/lru/lru_home.html the Illinois Supreme Court opined that natural areas preservation. Visitors electric utilities are selling “tangible from other states to DNR sites may be Federal Funds to State Agencies personal property” for purposes of the charged annual or daily fees for ve- This publication presents information Illinois Income Tax Act, but made its hicle access. An off-highway vehicle on federal aid programs administered decision prospective only. The Gen- operated in Illinois must have a $15 by Illinois state agencies. It includes eral Assembly now declares that: (1) Off-Highway Vehicle Usage Stamp program descriptions and outlay sales of electricity, natural gas, and (with exceptions for vehicles operated information. It also has a State water are not subject to sales and use only on property on which their own- Trust Fund section that identifies the trust fund(s) used for depositing taxes; (2) exemptions from those taxes ers reside, and some other activities). federal grants. A table shows which for equipment used to make or assem- Fees for identification numbers for programs are supported and what ble tangible personal property do not powered watercraft were increased. The Mining Board is to charge fees regions and populations of Illinois are apply to equipment used to make or served by the federal grants. affect electricity, natural gas, or water; to applicants for new or renewed certificates, except certificates of compe- but (3) software used to operate such How a Bill Becomes Law in Illinois equipment is taxable. A separate pro- tency. Some existing fees for surface mining, oil drilling, commercial fish- (English and Spanish versions) vision changes somewhat the disclo- This chart shows the progress of a bill ing, and capturing birds of prey have sures of information about corporate through the Illinois General Assembly been greatly increased. DNR can officers that must be included in sales and the Office of the Governor. tax registration applications for pub- charge up to $5,000 for permits for licly traded corporations (S.B. 2243, use of waterways. A surcharge of $2 1970 Illinois Constitution Holmes-Althoff-Hutchinson-Connelly was added for annual registration of a Annotated for Legislators et al.—Currie-Smith). vehicle of up to 8,000 pounds. Most This book includes the text of the of the revenue from these new or 1970 Constitution as amended. Various. Rolling stock exemptions for higher fees will be used for conserva- vehicles used for air or water trans- tion purposes (P.A. 97-1136, enacted Illinois Tax Handbook for port, primarily interstate, if bought by S.B. 1566, Hutchinson-Harmon- Legislators after 2013, will apply if over 50% of Noland-E.Jones et al.—Mautino-D. This handbook gives information on every significant Illinois state tax. either their trips or distance traveled Harris-W.Davis-Sacia-Chapa LaVia is in interstate commerce. Equipment et al.) Laws for Youth bought after 2013 for attachment to This booklet tells about major laws aircraft or watercraft will be eligible Parking Taxes. Chicago and Cook County can impose home-rule taxes that affect young persons in Illinois. for the exemption only if the aircraft The laws are divided by subject and or watercraft are so exempt. (formerly pre-empted by state law) on use of parking facilities for a fee (P.A. arranged in a question-and-answer format to make them easy to find. Changes in non-home-rule municipal 97-1168, enacted by H.B. 4148, Za- lewski et al.—Hutchinson-Martinez- sales tax rates need be reported to the Penalties for Crimes in Illinois Hunter and P.A. 97-1169, enacted by Illinois Department of Revenue only This chart summarizes the sentences by May 1 (was April 1) to be collected H.B. 5547, Zalewski—Hutchinson- and fines for criminal offenses in by the Department starting that July 1. Kotowski). q Illinois. Municipalities and counties no longer may impose replacement vehicle taxes Thomas Bazan (S.B. 2326, Hutchinson-Althoff— Senior Research Associate Currie).

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 21 Social Services

New laws call for expanded protections of adults with disabilities against abuse, neglect, and financial exploitation; require criminal background checks of more persons involved in care of children; strengthen civil penalties for making improper Medicaid claims; and make changes in Illinois law due to the federal Patient Protection and Affordable Care Act. Family assets are to be disregarded in determining eligibility for Temporary Assistance for Needy Families.

Adoptions (Interstate and Interna- regardless of age (H.B. 948, G.Harris- tional). Department of Children and Bellock-Flowers-M.Davis-Martwick et Family Services (DCFS) approval will al.—Haine-Martinez-Collins-Steans). with the Specialized Mental Health be required for any out-of-state agency Rehabilitation Act of 2013 reflecting to place a child in Illinois under the Child Protection Background some substantive changes. The Illinois Interstate Compact on the Placement of Checks. DCFS must do fingerprint- Department of Public Health (IDPH) Children. Adoptions finalized before a based criminal history checks on all will continue licensing institutions car- child comes to Illinois need not comply its employees and job applicants. ing for persons with serious mental ill- with the Compact. DCFS must have “Non-licensed service providers” and nesses. Changes are made to the Nurs- an Intercountry Adoption Coordinator volunteers at child-care facilities are ing Home Care Act to help improve to establish preadoption requirements added to those who must also get such patient funding and care. Changes and issue letters of endorsement or criminal history checks (S.B. 1599, are made to various state laws due denial after home studies on prospec- J.Morrison-Collins—Drury-Willis). to the federal Patient Protection and tive adopters. DCFS must report to Affordable Care Act (S.B. 26, Steans- the General Assembly each year on Child Support From Gambling Win- Koehler-Delgado-Martinez-Collins et numbers of endorsement and denial let- nings. Horse racing and riverboat gam- al.—Feigenholtz-Hernandez- ters and appeal processes (H.B. 2809, bling licensees must withhold from Verschoore-Currie-Ford et al.) Feigenholtz-Roth-Jakobsson-Sommer- winnings, and send to the Department Wheeler et al.—Raoul). of Healthcare and Family Services, any Nursing Homes. Asset disclosure. past-due child support owed by win- Nursing home residents or their rep- Adult Protection. Persons aged 18-59 ners who have been identified to them resentatives must be informed of the with disabilities now qualify for the as owing such support. Signs inform- duty to disclose assets and income for Department on Aging’s Adult Protec- ing bettors about this law must be post- Medicaid purposes, and that noncom- tive Services (previously only those ed at gambling locations (H.B. 2843, pliance can make a patient ineligible 60 and older) for investigation of sus- D.Harris-Sosnowski-Bellock-Farnham- (S.B. 1197, J.Sullivan—Beiser-Sims). pected abuse, neglect, and financial Tryon—LaHood-McCarter et al.). exploitation. An “exploratory com- Information to clients. Persons being mittee” will report on the feasibility Medicaid Overpayment Penalties. prescreened for nursing home care or of using one abuse hotline in place of Expanded provisions are enacted for home services due to disorders includ- existing hotlines of multiple agencies civil penalties on vendors and alter- ing Alzheimer’s and blindness must be for reporting such problems. Starting nate payees found to have wrongfully told of spousal impoverishment provi- in January 2014, the Department on claimed Medicaid reimbursements. sions; the requirement to provide finan- Aging will report substantiated cases Penalties can be as high as $10,000 cial data to the state; and consequences of abuse, neglect, or exploitation of per improper item or service billed, or of not doing so (H.B. 2765, Costello et an adult to the Health Care Worker $50,000 for some fraudulent or banned al.—Haine-Mulroe et al.). Registry of the Illinois Department of acts. Triple damages and interest Public Health; such a finding in the continue to be authorized (S.B. 1330, Patient Protection and Affordable Registry will prevent the subject of Raoul-Mulroe-Collins—McAsey- Care Act Implementation. The the finding from providing care to, or Sims-Drury-Reboletti et al.). Department of Insurance will certify having access to, a person who is over “navigators” (persons or organizations 60 or disabled and in a state-funded or Mental Health Facilities; Nursing providing information on, helping with regulated facility. Review teams are to Homes; Federal Healthcare Law. enrollment in, and aiding in resolving investigate deaths of “at-risk adults” The Specialized Mental Health Re- habilitation Act (2011) is replaced (continued on p. 23)

http://www.ilga.gov/commission/lru/lru_home.html 22 / Legislative Research Unit Professions & Real Estate Brokers. A managing Social Services broker’s license can be reduced to that (continued from p. 22) Occupations of a broker at the licensee’s request. problems with plans offered through (continued from p. 19) A written brokerage agreement need not expire within a definite time if it a federal or state health insurance ex- schedules of fines and remedial mea- change). A human navigator’s certifi- allows the client an annual chance to sures for noncompliant makers of pay- cancel with no more than 30 days’ cation must be renewed yearly. This day loans and consumer installment new law also puts some restrictions on notice (S.B. 1655, Haine-Collins et loans (H.B. 1323, Berrios-Lang— al.—Sims). “certified application counselors” (to Martinez-Collins). be federally defined). Both navigators Shorthand Reporters. The act regu- and application counselors are barred Licensee Privacy. When DFPR issues lating shorthand reporting is renewed from recommending any specific a license or certificate whose holder to 2024 with several changes, includ- health insurance company or plan is required to display it at work, the ing added grounds for discipline and (S.B. 1194, Haine-B.Brady-Collins et license or certificate may not show the provisions for evaluating licensees and al.—Mautino-Riley). holder’s address (H.B. 1338, applicants who may be drug abusers Sosnowski—Connelly). or sex offenders (H.B. 2721, Rita— Power of Attorney Oversight. The Medical Licenses. Fees for initial Haine). state guardian and public guardian for 3-year licenses are raised from $300 to the county, if investigating whether State Police. Applicants to be State $700 through June 2018, then will fall Police officers, who received listed to file a petition for guardianship of to $500. Renewal fees are similarly a person who has granted a durable medals for recent military service, will raised. A $6.6 million transfer from be deemed to meet the educational power of attorney, are added to the the Local Government Tax Fund to list of persons who can see the records requirements for those positions (S.B. the fund that pays for medical license 204, Muñoz—Hoffman-Cabello- of an agent under that power. These oversight, to be repaid by January Moffitt-Soto-Smiddy et al.) guardians also can seek damages from 2018, will help speed up physician an agent who caused substantial harm licensing (S.B. 622, J.Cullerton— Surgical Assistants. The act on reg- to the person who granted the power Madigan-Currie-Flowers). istered surgical assistants and tech- (S.B. 1280, Silverstein—Madigan- nologists is extended to 2024, with Nekritz). Occupational Therapy. The Illinois provisions for evaluating licensees and Occupational Therapy Practice Act is applicants who may be drug abusers or TANF Disregard of Assets. All of a renewed to 2024, with changes includ- sex offenders; doubling the maximum ing some expansions of the practices family’s assets must be disregarded civil penalty for unlicensed practice; authorized for licensees, and authori- when determining its eligibility for and other changes to tighten regulation zation for medical exams of applicants Temporary Assistance for Needy (H.B. 533, Zalewski—Martinez). or licensees suspected of being drug Families (H.B. 2262, Gabel-Soto-Go- abusers or sex offenders (H.B. 2996, lar-Osmond-Jakobsson et al.—Hunter- Title Insurance Agents are to be reg- Mell—Althoff-Martinez). ulated more tightly, including prohibi- Collins-Van Pelt-Silverstein-Delgado tions on such work by anyone who has et al.). Profiles Physicians. . Profiles of been convicted of a crime involving physicians posted by DFPR must theft or dishonesty (with case-by-case Women Veterans. The Illinois Dis- list criminal convictions for the last exceptions), and added grounds for charged Servicemember Task Force is 10 (formerly 5) years (H.B. 1327, discipline due to dishonesty, misrep- to make recommendations in its 2014 Flowers-Ford-Conroy-Kifowit-Chapa resentation, or acting in any capac- report on needs of women veterans, LaVia—Delgado). ity involving title insurance without such as compensation, rehabilitation, Podiatrist Title Change. The title authority (H.B. 1545, Berrios-M. outreach, and health care (H.B. 3346, “podiatrist” is changed to “podiatric Davis-Chapa LaVia-Soto—Martinez- Wheeler-Hatcher-Ives-Kifowit-Chapa physician” (H.B. 1388, Zalewski— Collins). LaVia et al.—Althoff-J.Morrison- Martinez). Collins et al.). q Veterinarians. The act regulating Plumbers. The Illinois Plumbing Li- veterinary medicine and surgery is Julie A. Dutton cense Law is extended to 2024 with no renewed to 2024 with several changes, Research Associate change (H.B. 1217, Rita-D’Amico et including adding some grounds for al.—Koehler et al.). discipline (H.B. 2517, Hurley-Welch et al.—Althoff-Martinez et al.). q

David R. Miller Deputy Director for Research

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 23 Emergency Aid (Interstate). One or State Government & more Illinois political subdivisions can enter into and act under mutual Pensions aid agreements with another state or its political subdivisions in emergen- New laws return healthcare procurement functions that were con- cies that exceed the ability of the solidated by a 2005 Executive Order back to the agencies that buy government in an affected area to re- healthcare; make it easier to register online and vote early; and seek spond, if no state or local emergency to trim costs to the state of some retirees’ healthcare. The state’s is declared before a request for mutual budgeting and grantmaking processes are to be made more trans- aid occurs (H.B. 2761, Moffitt-Sacia- parent. Cavaletto-Pihos-Verschoore et al.— vote in a primary election if otherwise Althoff-Noland). Buildings and Art. The requirement qualified (H.B. 226, Sente-E.Sullivan-D. that part of the budget for a public build- Burke-Pritchard-Costello et al.—Link- Grant Transparency. All agencies ing be set aside for art is changed by Manar-Harmon-Collins-Trotter et al.). under the Governor, and all state- exempting any project with an appro- supported colleges and universities, priation under $1 million; transferring Various provisions. Would-be voters must work with the Governor’s Chief control over the nature and location of must be allowed to register, and voter Information Officer to develop sys- artworks under that requirement from registrations must be allowed to be tems for reporting their grants, at least the designing architect to the chairperson changed, online. Voters must be al- quarterly and annually, on a publicly of the Illinois Arts Council; and delet- lowed to apply online for absentee bal- accessible Website. This will not ap- ing the requirement that the committee lots. Provisions for “grace period” vot- ply to payments for specific services proposing works of art for the building ing after late registration are expanded. rendered, or to information that can include three local members. Such pro- Several changes are made in the opera- be kept confidential under a federal, curement of art is exempted from the Il- tions of county boards of election com- state, or local law or regulation (S.B. linois Procurement Code. Provisions are missioners in some counties. A place 2381, Radogno-Althoff-Rezin- made for addressing vacancies on com- must be available in each public univer- Connelly-Kotowski et al.—Sandack- mittees that select contractors for public sity campus for early voting. Votes cast Moylan-Cabello-Hatcher-Pihos et al.). works to be built using the design-build on provisional ballots, for offices to be method; and the act authorizing that pro- filled from areas that include the pre- Legal Assistance. The Illinois Su- curement method is extended 5 years to cinct where cast, are to be counted even preme Court is encouraged to start 2019 (S.B. 1723, Holmes—Currie). though not cast in the right precinct. a pilot program to encourage provision of legal services at no charge to Budgets. Date for proposing. The Gov- The threshold for contributions received military personnel and veterans. If it ernor was directed to send his proposed per year for a candidate that will make does, court clerks will charge an ad- state budget to the General Assembly by an entity a “political committee” that ditional $10 on the first pleading or March 6 of 2013. After 2013, the pre- must disclose receipts and spending other document filed by each side in a scribed date is the third Wednesday in is raised from $3,000 to $5,000. If a civil suit to help fund the program. A February (H.B. 156, Currie-Kotowski). candidate self-funds above the intended Statutory Court Fee Task Force will statutory limit on such funding during study all fees imposed by law on civil Transparency. A working group of a a primary election campaign, and then litigants and criminal defendants commission under the Governor is to wins the primary, each candidate for that (H.B. 3111, McAsey-Smiddy- develop a plan to make the state budget- office can exceed statutory contribution Thapedi-Verschoore et al.—Mulroe- ing process the most transparent and limits during the general election cam- Raoul-Collins et al.). publicly accessible in the nation, and paign. The State Board of Elections can report to the Governor and General As- determine independently that a candi- Lobbyist Reporting. A lobbyist’s sembly by January 1, 2015 (S.B. 2106, date has exceeded those limits; if so, the registration statement and reports on Althoff-McCann—Sandack-Moylan- limits will cease to apply to other candi- spending for a client, if the client is Sente-Pihos-Fortner et al.). dates for the same office. If a candidate itself required to be registered under withdraws from a primary ballot after the Lobbyist Registration Act, must Elections. Primary voting at age 17. the deadline for certifying candidates, also list the entity that paid the client A person who is age 17, and will be 18 no votes cast for that candidate are to be (H.B. 2943, Drury-Hatcher et al.— by the date of the general election, can reported (H.B. 2418, Currie-Thapedi- Morrison-Manar-Kotowski). Berrios et al.—Harmon-Raoul).

http://www.ilga.gov/commission/lru/lru_home.html 24 / Legislative Research Unit Pay Freeze; Furlough Days. Salaries State retirees. The Department of Cen- serving on those boards (H.B. 140, of legislators and other officers that tral Management Services (CMS) is Franks-Chapa LaVia-D.Harris-Farn- formerly were recommended by the to create a separate program of health ham-Osmond et al.—Duffy). Compensation Review Board will not benefits for state retirees and their be adjusted for inflation in fiscal year dependents for whom Medicare is the Union Eligibility of State Employ- 2014, and legislators will again have primary healthcare payer. Separately, ees. A number of categories of state 12 unpaid days (H.B. 1441, Mussman- CMS may offer financial incentives employees (mostly engineering or Conroy-Yingling-Willis-McSweeney for state retirees, not yet eligible for administrative) are added to those who et al.—J.Cullerton-Bush-Harmon et Medicare, to decline State Employees’ can join unions (S.B. 1910, Harmon- al.). Group Insurance; such retirees need Althoff et al.—Bradley-Smiddy). not be under the State Employees’ Re- Public Safety Officer Benefits. tirement System (S.B. 1515, Harmon Workers’ Comp for State Employ- Catastrophically injured public safety et al.—Madigan). ees; Veteran-Owned Businesses. officers, and survivors of any who CMS can use accounts outside the were killed on duty, if getting health State Workforce Data. CMS must state treasury to hold funds to pay benefits paid by the former public provide each executive-branch workers’ compensation to injured state employers due to such injury or death, agency a format for reporting data employees. Small businesses owned must report to the Commission on on its workforce, including pay and by veterans who are also women, mi- Government Forecasting and Account- mobility. CMS must post the data nority members, and/or persons with ability on any current employment and provided on the Illinois Transparency disabilities no longer must choose medical benefits plus other informa- and Accountability Portal (S.B. 1670, whether to be considered for public tion. The results will be aggregated B.Brady—Brauer-Pihos-Fortner- contracts as veteran-owned businesses and reported biennially to the Gover- Franks-Farnham et al.). or as businesses owned by members of nor and General Assembly (S.B. 1245, those other groups (H.B. 2408, Radogno-Althoff—Williams-Sente- Teacher Early Retirement. The op- Costello-Chapa LaVia-Farnham- Pihos-Soto et al.). tion for downstate teachers to retire D.Harris et al.—Hastings-Noland- between mid-2005 and mid-2007 Collins et al.). Healthcare Procurement. Executive and make one-time payments to Order 05-3 (2005), which consolidated avoid reductions in their pensions several agencies’ healthcare procure- due to retirement before age 60 is re- Law from 2012 Veto Session ment in the Department of Healthcare established for teachers who stopped and Family Services, is reversed (ex- teaching by mid-2013 and turn 55 in Union Membership Limits. Legisla- cept its change of that agency’s name the last half of 2013. A similar option tive liaisons; lawyers and advisers for from “Department of Public Aid”). is offered for teachers retiring between the Attorney General and Secretary of The departments whose healthcare mid-2013 and mid-2016 with employ- State; and some other policy-related procurement the 2005 order consoli- er approval (S.B. 1366, Biss-Althoff— state employees (including up to 3,580 dated, and the Department of Juvenile Nekritz-Mayfield-Sims et al.). in positions that can be designated by Justice, will again procure healthcare the Governor) have been excluded separately starting in February 2014 Thomson Prison Transfer. The state from collective bargaining (P.A. 97- (S.B. 1256, Haine—Madigan-Currie- transferred to the United States con- 1172, enacted by S.B. 1556, M.Davis et al.). current jurisdiction over the property J. Cullerton—Currie). q comprising the Thomson prison in Retiree Health Care. Chicago retir- Carroll County (S.B. 30, Jacobs et ees. Existing requirements that retire- al.—Sacia-Smiddy-Verschoore). ment systems for Chicago employees subsidize Chicago’s healthcare plans Transit Board Members’ Pensions for its retirees until mid-2013 were and Insurance. Persons joining the extended through December 2016, un- boards of the Regional Transportation less Chicago closes its healthcare plan Authority, Pace, Metra, and the Chi- for retirees by then (S.B. 1584, cago Transit Authority after July 23, Mulroe-Cunningham—Currie- 2013 are not eligible for public-em- Dunkin). ployee pensions or coverage by state employees’ group insurance based on

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 25 Transportation

Handheld cellphone use when driving is banned on January 1, 2014. Speed limits on non-urban parts of Interstate highways will rise to 70 m.p.h., but populous counties can set lower limits. Starting in 2015, no vehicle registration or renewal will be allowed without information on insurance coverage for the vehicle. School buses can be equipped with cameras to record motorists violating the prohibition on passing a stopped school bus. Boat operators involved in serious accidents must allow testing for intoxicants; their land-vehicle drivers’ licenses can be suspended for refusing. Some restrictions on signs along Interstate and primary highways will be relaxed if fed- of a class of commercial vehicle if ac- eral funding will not be affected. companied by a person who has a commercial driver’s license (CDL). Either Boating Under the Influence. A boat Meter exemptions. A permanent dis- kind of commercial license is to be operator who is involved in an accident ability will be required to get a “meter- cancelled if fraudulently obtained (S.B. resulting in death or significant personal exempt” disability parking decal or 1757, McGuire et al.—Walsh). injury is deemed to give consent to hanging tag starting January 1, 2014. testing for alcohol and other drugs or Such insignia will not allow free park- Sanctions. A driver’s license may be intoxicants. Refusing or failing such a ing in publicly owned parking struc- subject to multiple revocations and/ test may result in motor vehicle driver’s tures (S.B. 1929, N.Harris-Hastings- or suspensions, with each given inde- license suspension. Such a suspension Hunter-Collins et al.—T.Jones- pendent effect. Several provisions im- can be contested by requesting a hearing W.Davis-Riley). posing criminal penalties for repeated (S.B. 1479, Morrison-Althoff—Drury- driving during a license revocation or T.Jones-Davidsmeyer-Moffitt et al.). Driver Ed for Young Adults. No one suspension will apply only if both the who is at least 18 but under 21 can get current license sanction and the previ- Communication Device Use While a driver’s license or permit without ous one were for very serious driving Driving. Using a handheld electronic taking an adult driver education course offenses (H.B. 2477, Reboletti-Cross— communication device while driving of at least 6 hours with curriculum and Connelly). will be prohibited January 1, 2014, with materials from the Secretary of State. some exceptions. The exceptions al- The Secretary will certify and regulate Highway Work Zones. Starting Janu- low, among other things, hands-free use course providers. The charge for each ary 1, exceeding a highway construc- (including using a phone headset), and course will include $5 for the Secre- tion or maintenance zone speed limit making or ending a call by pressing only tary’s costs to administer the program will incur the fine for such violations one button (H.B. 1247, D’Amico-D. (H.B. 772, D’Amico-McAuliffe- whether or not workers are present. Harris-Sente-Hernandez-Zalewski et E.Sullivan-Zalewski-Hernandez et But the penalty of suspension of driv- al.—Mulroe-Bush-Morrison). al.—Silverstein). ing privileges for a repeat offense within 2 years will apply only if the latest Construction-Effects Mitigation. The Driver’s Licenses. CDLs for vets. The violation and at least one prior one Illinois Department of Transportation Secretary of State is to waive the skills occurred with workers present (H.B. is instructed to work with communities test for a Commercial Driver’s License 1814, Tryon—McConnaughay). and local businesses before and during if the applicant has military com- highway construction to reduce harm to mercial motor vehicle experience and Insurance. Electronic proof. Insurers them, such as by detouring traffic (H.B. meets conditions in a section of U.S. may offer, and motorists may show as 2382, Hatcher-Riley-Kosel-Pihos- Department of Transportation regula- proof of liability coverage, electronic E.Sullivan et al.—Bertino-Tarrant). tions (H.B. 2563, Pritchard-Costello— images from those insurers on screens Muñoz-Connelly-McCann). of cellphone or other portable elec- Disability Parking. Cancer patients. tronic devices (H.B. 3139, Smith-M. Cancer is added to the reasons a person Commercial learners’ permits. Start- Davis-Mayfield-Martwick-Riley et who has problems walking may qualify ing July 1, 2014, a commercial learn- al.—Haine; S.B. 1775, Haine-Silver- as a person with a disability under the er’s permit (CLP) can be issued to an stein-B.Brady-Connelly et al.—Smith- Vehicle Code (H.B. 1809, Pritchard- applicant meeting qualifications stated Berrios-Sims-Fortner). Franks-Farnham-Sente-Chapa LaVia— in this act, authorizing practice driving Holmes).

http://www.ilga.gov/commission/lru/lru_home.html 26 / Legislative Research Unit Enforcement at registration. Starting vehicles. Any such bus must have a speeding to become a misdemeanor are in 2015, no vehicle will be registered sign warning motorists of the enforce- lowered by 5 m.p.h.; for example, driv- without information on liability insur- ment system. Alleged violators will ing at least 35 (formerly 40) m.p.h. over ance on the application for registration. get written notices and can contest the speed limit will be a Class A misde Knowingly providing false information charges in an administrative hearing meanor (S.B. 2356, Oberweis-Sandoval- will be a Class C misdemeanor. A “re- or in court. Civil penalties can be up Landek-McConnaughay-N.Harris et mittance agent” who forwards vehicle to $150 for a first violation or $500 al.—Costello-Davidsmeyer-Franks- registration applications to the Secre- for a repeat violation. The school Reboletti-W.Davis et al.). tary of State must collect and forward district and local government enact- insurance information or suffer license ing the ordinance will split proceeds. Traffic Control.Persons designated suspension or revocation (S.B. 1940, A local government enacting such an by local authorities may direct traffic. Bivens—Demmer-Sacia-Kay et al.). ordinance must do a statistical analysis Persons may be so designated to direct of whether it appears to increase acci- processions or assemblages (H.B. 1539, Liability limits. Starting in 2015, mini- dents as drivers approach school buses Dunkin-Martwick-Smith-D’Amico- mum liability limits for auto insurance (S.B. 923, Muñoz-Martinez et al.— Fortner et al.—Muñoz-Althoff-Holmes policies are increased by about 25%, Hoffman-Welch-DeLuca et al.). et al.). to $25,000 per person, $50,000 for two or more persons in one accident, and Seatbelt Exceptions. The existing Traffic Violations and Drivers’ Li- $20,000 for property damage (S.B. exemption of emergency vehicle driv- censes. No one under 18 who has been 1898, Biss-Raoul-Van Pelt-Collins— ers and passengers from using seat- issued a traffic citation can get a gradu- Fine-Welch-Leitch-Smith-Sims et al.). belts will not apply to fire department ated driver’s license until the citation or State Fire Marshal vehicles, or to is disposed of. If a driver is cited for a License Plates. Nurses. Illinois Nurses ambulances—unless providing life- violation causing death or serious injury, plates may be issued for an extra $35 saving measures prevents seatbelt use the prosecutor may ask the court to in- initially and $22 at renewal. Each (H.B. 2776, Moffitt-Smiddy-Costello- validate the driver’s license or permit year, $20 will go to a new Illinois Verschoore-D.Brady et al.—Noland). (H.B. 1009, D’Amico-McAuliffe- Nurses Foundation Fund to advance Moffitt et al.—Sandoval-Silverstein). the nursing profession in Illinois Signs Along Highways. If receipt of (S.B. 1383, B.Brady-Sandoval- federal transportation funds will not McConnaughay-Koehler-Althoff et be affected, the Illinois Department of al.—Brauer-D’Amico-Moffitt-Beiser- Transportation is to relax some laws Law From 2012 Veto Session Unes et al.). and regulations when issuing permits for signs along Interstate and primary Visitor Driver’s License. A person who Red Cross plates may be issued for an highways. Changes include allowing has lived in Illinois more than 1 year; is extra $40 initially and $27 per renewal. government-operated electronic signs ineligible for a Social Security number; Net proceeds ($25 yearly) will go to in Cook County (including Chicago) and does not have immigration docu- the American Red Cross or charities it for commercial, public, and emer- ments can apply for a “temporary visi- designates (S.B. 1439, Dillard-Koehler gency information; easing restrictions tor’s driver’s license.” Such a license et al.—Bellock-D.Brady-Moffitt). on on-premises signs and signs adver- will not be valid without proof of liabil- tising real estate on a parcel contain- ity insurance (P.A. 97-1157, enacted by State Police Memorial plates may be ing the signs; and repealing a section S.B. 957, J.Cullerton-Radogno-Millner- issued for an extra $25 initially and at that allowed signs informing drivers Muñoz-Martinez et al.—Acevedo- each renewal. They will support a me- about fuel, food, and lodging places Hernandez-Saviano-Arroyo-Berrios et morial park, commemorations, schol- at upcoming interchanges (H.B. 2764, al.). q arships, and aid to families of fallen Scherer-M.Davis et al.—Muñoz- State Police officers (H.B. 3057, Sacia- McCann-McCarter et al.). Kevin Jones Reboletti-Costello—Munoz). Research Associate Speed Limit Increase. On January School Bus Passing Violations. A mu- 1, 2014 the limit on Interstate high- nicipality or county, by ordinance, may ways outside urban areas will rise to enforce the prohibition on passing a 70 m.p.h. But Cook and the collar stopped school bus by putting devices counties, and Madison and St. Clair on school buses to record visual imag- Counties, can set lower limits than es, including license plates, of violating are prescribed by law. Thresholds for

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 27 Bills With Governor’s Action All bills summarized in this issue of First Reading are listed below. Beside the number of each bill on which the Governor had acted by August is the Public Act number or other indication of his action. The following abbreviations are used for the Governor’s actions on bills: AV Amendatorily vetoed IV Item and/or reduction vetoed V Totally vetoed Information on all 2012 bills and Public Acts, including their texts, is available at: http://www.ilga.gov/ Click on the “Bills & Resolutions” or “Public Acts” link near the top of the page for information on a given bill or Public Act. Information on the General Assembly’s workload over the years can be found at the LRU’s page.

H.B. Public Act H.B. Public Act H.B. Public Act S.B. Public Act S.B. Public Act 98- 98- 98- 98- 98- 1 122 1548 399 2992 462 1192 558 1757 176 3 26 1651 181 2996 264 1194 524 1758 159 61 353 1652 402 3010 164 1197 523 1764 573 64 129 1809 405 3023 266 1210 516 1772 574 71 354 1814 337 3029 267 1217 147 1775 521 83 101 1868 28 3038 268 1221 560 1791 533 101 357 2245 408 3043 466 1226 340 1792 288 131 358 2262 114 3054 468 1229 148 1814 160 140 108 2335 239 3057 469 1245 561 1826 289 156 2 2339 172 3061 142 1256 488 1829 545 160 131 2353 306 3070 471 1280 562 1831 290 183 63 2382 412 3081 472 1287 120 1844 536 188 349 2404 61 3111 351 1307 544 1849 292 226 51 2408 307 3125 107 1322 88 1851 293 494 16 2418 115 3128 476 1330 550 1854 161 530 362 2471 416 3139 V 1341 520 1872 538 532 363 2477 418 3175 479 1354 490 1884 18 533 364 2482 419 3186 53 1366 42 1894 7 595 365 2517 339 3190 480 1379 321 1898 519 630 55 2520 426 3191 271 1383 150 1900 295 631 132 2563 52 3233 319 1399 276 1908 510 733 367 2585 507 3243 483 1409 564 1910 100 772 167 2590 430 3359 68 1417 279 1912 548 801 369 2606 21 3223 482 1439 151 1923 552 804 370 2640 435 3255 320 1474 V 1929 577 821 133 2647 437 3267 117 1479 103 1931 578 923 105 2649 106 3346 310 1495 566 1940 539 948 49 2661 440 3379 190 1515 19 2101 540 958 187 2674 251 3380 486 1584 43 2106 580 996 377 2675 441 1585 127 2136 546 1009 168 2695 442 S.B. P.A. 98- 1587 569 2154 518 1010 169 2721 445 9 1598 528 2155 23 1052 192 2723 253 20 109 1599 570 2157 116 1063 379 2737 308 26 104 1603 90 2178 166 1139 58 2753 447 30 70 1620 183 2184 541 1189 508 2761 309 41 93 1623 184 2218 186 1199 381 2764 56 56 514 1625 48 2226 542 1201 204 2765 255 70 77 1639 509 2229 314 1217 140 2768 59 92 553 1640 530 2231 315 1225 305 2771 67 115 555 1655 531 2243 583 1247 506 2776 451 204 54 1664 45 2245 316 1288 383 2809 455 338 273 1670 283 2266 57 1309 385 2832 99 572 515 1686 532 2255 543 1323 209 2843 318 622 3 1659 165 2306 501 1327 210 2856 332 626 41 1703 156 2326 584 1338 211 2893 263 923 556 1715 22 2350 586 1388 214 2918 456 1005 14 1723 572 2356 511 1441 30 2925 457 1006 547 1735 285 2371 587 1443 393 2934 458 1042 522 1738 31 2380 588 1539 396 2943 459 1191 82 1756 350 2381 589 1545 398 2969 174

http://www.ilga.gov/commission/lru/lru_home.html 28 / Legislative Research Unit Criminal Law Victim privacy. A criminal charge al- reimbursed for costs of removing tat- (continued from p. 11) leging an illegal sex act can refer to the toos that were applied in connection victim by name, initials, or description with the crime (H.B. 2640, K.Burke- Second-Chance Probation. A person (H.B. 2471, Cassidy—Collins-Hunter). Williams-Drury-Senger-McAuliffe et found guilty of a nonviolent, proba- al.—Delgado-Steans-Collins- tionable Class 3 or 4 felony, and not Taser and Stun Baton Training. Po- McCarter-Hunter). earlier convicted of a felony, can get lice officer training must address use of probation under stated conditions if “electronic control devices” (defined for Vandalism. Persons convicted of the offender and state’s attorney agree. purposes of another section to include criminally defacing property must pay If the offender completes probation, Tasers® and stun batons), including repair costs in all cases, even if the the criminal case will be dismissed. A their physical and psychological effects. crime is only a misdemeanor (H.B. person can use this option only once The Law Enforcement Training Stan- 3043, D.Harris-Cabello-Zalewski- (H.B. 3010, Cross-Reboletti-Bellock dards Board is to inspect police depart- Reboletti et al.—Manar-Althoff- et al.—Holmes-Raoul-Mulroe-Collins ments and university police departments McCann et al.). et al.). randomly in 2014 and 2015 on whether officers are getting proper training on Video Recording—Discovery Rule. Sex Offenders. Evaluations. A person this topic. The Board will report its find- A prosecution for unauthorized video can be evaluated under the Sexually ings, and can recommend changes to recording in a private location can be- Dangerous Persons Act by two quali- laws on this topic (H.B. 131, M.Davis- gin within 1 year after discovery of the fied sex offender evaluators who may Flowers-Mayfield-Reboletti-Welch et crime by the victim, as an alternative be psychologists or other licensed pro- al.—Hutchinson et al.). to the limitation period of 18 months fessionals specializing in sex offender or 3 years (S.B. 1851, Connelly— evaluation (formerly two psychiatrists) Tracking Devices on Vehicles. Use of Reboletti-Smiddy et al.). (S.B. 1322, Haine—Kay-Bellock et a tracking device attached to a vehicle al.). to follow personal movement becomes a Workplace Violence. An employer Class A misdemeanor, with exceptions can seek an order of protection to pro- Prohibited places. Recreational areas including use by police or with the ve- tect an employee who has been sub- and playgrounds within publicly ac- hicle owner’s consent (H.B. 1199, jected to violence or a credible threat cessible private buildings are added Sosnowski—Syverson). of violence at work (H.B. 2590, to the list of places where a child sex Sandack-Bellock-Zalewski-Pihos- offender (except the parent of a child Trafficking Victims; Tattoo Removal. Leitch et al.—LaHood-Connelly- who is there) is prohibited from being The crime of human trafficking becomes Holmes-Murphy et al.). q and interacting with a minor (H.B. compensable under the Crime Victims 3023, Hurley-Welch-Zalewski- Compensation Act. Victims can be Melissa S. Cate Conroy-Manley et al.—Cunningham). Senior Research Associate

Types of Actions Governor Can Take on Bills The Illinois Constitution allows the Governor to make any of four kinds of vetoes: total, amendatory, item, or reduction. The following describes each kind of veto and legislative responses to it. Total Veto The Governor may reject an entire bill and return it to its house of origin. Overriding such a total veto requires the affirmative votes of at least three-fifths of the members elected to each house (71 in the House, 36 in the Senate). Unless a total veto is overridden, the bill dies. Amendatory Veto A Governor can return a bill “with specific recommendations for change” to its house of origin. Such an amendatorily vetoed bill is considered like a vetoed bill, except that each house can accept the Governor’s recommendations by vote of a mere constitutional majority (60 in the House and 30 in the Senate). Thus if a bill is amendatorily vetoed, the General Assembly can do any of three things to it: (1) Override the veto by three-fifths vote in each house, enacting the bill as it originally passed the General Assembly. (2) Accept the Governor’s recommendations and return the bill to the Governor for his certification that the acceptance conforms to his recommendations. (3) Do neither, in which case the bill dies. Item and Reduction Vetoes The Governor can cut line items, and/or reduce the amount of any line item, in an appropriation bill without vetoing the entire bill. The amounts not eliminated or reduced become law immediately when the Governor transmits his veto message. But the majorities needed to restore those amounts differ. If a line item is vetoed, a three-fifths majority in each house is needed to restore it. But if the item is merely reduced, it can be restored to its original amount by a mere constitutional majority in each house.

http://www.ilga.gov/commission/lru/lru_home.html Legislative Research Unit / 29 Comptroller Abstracts of Reports Receivables report, 2012 Gross receivables due to the state at 2012 Required to be Filed with yearend were $15.332 billion, up $906 million (6%) from 2011. The increase came General Assembly mostly from $402 million in increased interest income on delinquent child support The Legislative Research Unit staff is required to prepare abstracts of reports required claims and increased public assistance re- to be filed with the General Assembly. Legislators may receive copies of entire reports coveries at Department of Healthcare and by sending the enclosed form to the State Government Report Distribution Center at the Family Services, and $239 million in re- Illinois State Library. Abstracts are published quarterly. Legislators who wish to revolving loan receivables at EPA. Net receive them more often may contact the executive director. ceivables (believed to be collectible) were $3.2 billion, up $365 million (13%) from Aging Dept. were certified. No contracts had been 2011. Of those, child support claims were Elder Abuse and Neglect Program annual awarded yet, but at least 3% of total state the largest group (31%), followed by in- report, FY 2011 contracts by value were projected to go to terest and investment income (16%), pub- Program received 10,949 reports of finan- these businesses. (30 ILCS 500/45-57(b); lic aid recoveries (14%), taxes (12%), con- cial exploitation, emotional abuse, passive March 2012, rec’d Feb. 2013, 1 page) neglect, physical abuse, willful depriva- tributions (4%), and current loan and note tion, confinement, and/or sexual abuse. Commerce Commission repayments (3%). All others totaled 20%. The Department continued B*SAFE Accidents and incidents involving hazard- Lists receivables by agency. (30 ILCS (Bankers and Seniors Against Financial ous materials on Illinois railroads, 2012 210/4(d); Dec. 2012, rec’d March 2013, Exploitation) to train bank staff to detect Commission checked 16,720 railroad cars 28 pp.) carrying hazardous materials and found financial exploitation. It also sponsored Corrections Dept. violations in 1.3%. Of the 91 railway ac- 24th Annual Elder Rights Conference, and Quarterly report, Jan. 1, 2013 cidents involving hazardous materials, 4 a Supervisor’s Retreat in 2010. (320 ILCS Adult facilities had 49,348 residents on derailments released hazardous materials, 20/11; undated, rec’d Feb. 2013 (bro- November 30, 2012 (46% over rated ca- 13 did not, and 74 such releases occurred chure)) pacity but 5% below actual bedspace). without derailment. Tables show loca- Adult transition centers had 940 (140 be- Central Management Services Dept. tion, railroad, material, suspected causes, low rated capacity); 101 were in electronic Annual Flex Time Report, 2012 amounts involved and released, and dates detention. Average ratio of prisoners to The Personnel Code requires agencies to of incidents. (625 ILCS 5/18c-1204(3); is- security staff was 4.9. Nearly all were develop plans to reduce use of day care sued & rec’d April 2013, 21 pp.) through flex time for eligible employees. double-celled (68%) or multi-celled (25%), Among 43,764 employees under the Per- Commerce and Economic Opportunity with some 34 square feet of actual liv- sonnel Code, 12,684 (29%) used flexible Dept. ing area each. Enrollment (unduplicated) hours. Participation rose in 29 agencies Build Illinois revenue funds, 2012 in educational and vocational programs but fell in 15. Among participants, 9,611 Build Illinois Capital Revolving Loan was 7,581. No capital projects were being used flexible work hours; 2,504 worked Fund balance rose from $2.24 million to funded. (730 ILCS 5/3-5-3.1; Jan. 2013, full-time compressed workweeks; 518 $4.45 million; Illinois Equity Fund from rec’d April 2013, 12 tables) $601,566 to $604,294; and Build Illi- worked part-time; and 71 used job sharing. Educational Labor Relations Board nois Large Business Attraction Fund from (20 ILCS 415/9(13); March 2013, rec’d Annual report, FY 2012 $663,876 to $796,000. Build Illinois Capi- April 2013, 4 pp.) Board handled 91 representation cases; tal Revolving Loan Fund loan, invest- was involved in mediation in 5 strikes; and Illinois Prescription Drug Discount Pro- ment, award, and grant disbursements were considered 265 unfair labor practice charg- gram annual report, 2012 $900,372; Illinois Equity Fund and Build es. Summarizes major board decisions and Operating as “Illinois Rx Buying Club,” Illinois Large Business Attraction Fund court rulings. Board’s budget was $1.04 the program offered discounts on prescrip- disbursements were both $0. (30 ILCS million. (115 ILCS 5/5(j); Feb. 2013, rec’d tions for qualifying state residents. In 750/9-9 and 750/10-9; issued and rec’d Jan. March 2013, 20 pp.) 2012 it had 49,738 members, getting av- 2013, 6 pp.) erage discounts of 22% on prescriptions Employment Security Dept. Renewable Energy Resources Program re- drugs. Total savings since 2004 were over Bilingual frontline staff, 2012 port, 2012 $12.2 million. The program was to end IDES had 141 bilingual front-line employ- RERP has promoted over $354 million of July 1, 2013. (320 ILCS 55/50; issued and ees in March 2013. Their other languages total investments in renewable energy proj- rec’d March 2013, 7 pp. + appendices) were Spanish (132), Polish (7), and 1 each ects in Illinois since 1997. It awarded 208 Chinese and manual communication. Lists Service Disabled Veteran-Owned Small grants and over 1,437 rebates totaling more all bilingual front-line employees, job ti- Businesses and Veteran-Owned Small than $52 million by December 2012. In tles, and descriptions. (5 ILCS 382/3-20; Businesses, annual report FY 2011 2012, RERP awarded over $6 million in issued and rec’d April 2013, 5 pp. + attach- These programs aim to boost state busi- incentives to support over $24.5 million in ments) ness to qualified veteran vendors. Appli- renewable energy projects, consisting of cation and certification procedures were $2 million in solar and wind energy rebate Healthcare and Family Services Dept. developed in FY 2011; 14 applications incentives and $4 million in other grants. Medical Assistance Program, FYs 2010-12 were received in FY 2012; and two firms (20 ILCS 687/6-3(e); undated, rec’d April The Department spent $12.4 billion on 2013, 9 pp.) Medicaid in FY 2012. It served about http://www.ilga.gov/commission/lru/lru_home.html 30 / Legislative Research Unit 3.1 million enrollees in an average month (20 ILCS 1705/57; Jan. 2013, rec’d March 2009 to 65.2% in 2010. The HHI (a mea- through 73,580 providers (43,151 physi- 2013, 13 pp.) sure of market share concentration) saw cians; 2,883 pharmacies; 732 nursing fa- a slight rise for medical malpractice in- cilities; 454 home health agencies; and 260 Emergency & Transitional Housing Pro- surance, to 4321, after 2 years of decline. hospitals). The Integrated Care Program gram, FY 2012 HHIs of other insurance lines were below for seniors and people with disabilities who Using public and private shelters, the 1350. (215 ILCS 5/1202(d); April 2012, do not qualify for Medicare had enrolled Emergency & Transitional Housing Pro- rec’d Feb. 2013, 38 pp. + 6 appendices) 36,090 clients by September 2012. (305 gram (ETH) provided over 2.1 million ILCS 5/5-5 and 5/5-5.8; issued & rec’d shelter nights, 3.8 million meals, and 1.7 Juvenile Justice Dept. April 2013, 81 pp.) million units of supportive services to Quarterly report, April 1, 2013 homeless persons in FY 2012 at a cost of Illinois juvenile facilities held 851 youth High School Graduation Achievement $8.7 million. It serviced to 42,179 persons on February 28, 2013—below rated ca- and Success Commission in 28,997 households. (305 ILCS 5/12- pacity of 1,254 and bed space for 1,509. Report, 2013 4.5; 2012, rec’d Feb. 2012, 20 pp.) Population was projected to rise to 907 by The Commission was created in 2012 to March 2014. Ratio of residents to security help schools develop policies to increase Homeless Prevention Program, FY 2012 staff was 1.3. Youth were single-celled graduation rates. The Consortium on Chi- The Program received $1.4 million in FY (73%) or double-celled (27%), with about cago School Research provided research 2012—$1 million less than in FY 2011. 103 square feet of actual living area each. showing that students likely to drop out The 21 organizations getting Homeless Enrollment (unduplicated) in educational can be identified. Commission recom- Prevention Program money served 1,691 and vocational programs was 679. No mended, among other things, that each households (down from 2,559 in FY capital projects were funded. (730 ILCS high school have a data system identify- 2011), consisting of 2,378 adults and 1,932 5/3-5-3.1; issued & rec’d April 2013, 9 ing students at risk, and intervene; and the children. Among those households, 90.7% tables) state use research-based policies to reduce kept their housing with Program help, at an chronic truancy and dropping out. Reports average cost per household of $864. (310 Legislative Information System that students “on track” at the end of 9th ILCS 70/13; undated, rec’d Feb. 25, 2013, Biennial report 2011-2012 grade have almost 60% higher graduation 26 pp.) LIS provided some 20 information tech- rates than others. (105 ILCS 5/26-17(h); nology services to the General Assembly, Social Services Block Grant Fund report, issued & rec’d April 2013, 38 pp.) including systems for use in bill draft- July-Dec. 2012 ing, tracking, voting, and enrolling and Human Rights and Human Services Fund received $35.6 million in federal engrossing; audio and video services for Depts. funds. Transfers were $22.7 million to each house; posting journals and debate Interagency Committee on Employees with General Revenue Fund, $4.2 million to transcripts; hosting the Illinois Adminis- Disabilities annual report, FY 2012 Special Purpose Trust Fund, and $8.7 mil- trative Code; and tracking federal grants. The Committee promotes a nondiscrimi- lion to Local Initiative Fund. (305 ILCS Expanding technology for committees was natory environment for employees with 5/12-5; issued & rec’d Jan. 2013, 1 p.) a major goal for the 98th General Assem- disabilities in state government. Of all bly. (25 ILCS 145/5.07; issued and rec’d Illinois Power Agency state employees in FY 2012, 7.35% had April 2013, 35 pp.) Annual Report, FY 2011 disabilities (up from 6.97% in FY 1997). Illinois Power Agency was created in 2007 The Committee (1) sponsored a Webinar Medical District Commission to reduce electricity costs, ensure stable on promotion opportunities for employ- Biennial report, FY 2011-2012 prices, and make power supply contracts ees with disabilities; (2) hosted an awards Accomplishments include opening of based on cost and value. Its procurement ceremony to recognize supporters of em- Rush University Medical Center; ground- actions brought consumer savings of $1.64 ployees with disabilities; and (3) worked breaking for Mile Square Health Cen- billion since 2009 ($1.45 billion in electric with CMS to change wording in position ter; expansion of American Red Cross of supply savings and $189 million in renew- descriptions that unnecessarily disquali- Greater Chicago and Chicago Children’s able energy savings). It managed procure- fies persons with disabilities. (20 ILCS Advocacy Center. Plans include improv- ment of renewable energy though 20-year 415/19a; issued & rec’d April 2013, 12 ing District services; improving coverage power purchase agreements in December pp.) for uninsured persons; supporting trans- 2010. ComEd and Ameren customers be- fer of biomedical research to patient care; Human Services Dept. gan getting renewable energy and renew- and allowing data sharing among medical Autism program report 2012 able energy credits in June 2012. The providers. Operating revenues were $3.2 Describes progress of DHS Autism Task Agency also has $4 billion in bonding ca- million in FY 2011 and $3.9 million in FY Force in addressing early intervention for pacity to support development of power 2012. (70 ILCS 915/2; March 2013, rec’d children with autism; improving family generation assets. (20 ILCS 3855/1-125; April 2013, 22 pp.) support so people with autism can remain undated, rec’d Feb. 2013, 22 pp.) at home; transition from public schools; Public Health Dept. Insurance Dept. and feasibility of getting federal support. Report under Nursing Home Care Act and Insurance cost containment report, 2012 Actions include: publishing updated train- Abused and Neglected Long-Term Care Illinois policyholders paid $18.97 billion ing and education resource catalog; form- Facility Residents Reporting Act, 2011 in direct written premiums in 2010. Prop- ing a subcommittee to address service Illinois had 1,247 nursing homes in 2011. erty/casualty losses dropped for a second gaps; and planning autism trainings for Total allegations of abuse (physical, sex- straight year. Losses divided by direct YMCA programs around the state. Plans ual, verbal, and mental) by nursing aides earned premiums declined from 66.1% in were underway for autism research grants. (continued on p. 32)

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Sports Facilities Authority Fund. Chicago and Cook County are A publication of the Legislative Research Unit Annual report, 2012 under other retirement systems and not The Authority improved scoreboard con- in Social Security. (40 ILCS 5/21-120; Alan R. Kroner trols, video surveillance, energy efficien- undated, rec’d April 2013, 12 pp.) Executive Director cy, lights, a parking lot, and concession stands, and began structural maintenance State Fire Marshal Jonathan P. Wolff work. Its total assets were $395.6 mil- Annual report 2012 Associate Director lion and liabilities were $460.4 million Arson Investigation Division did 1,096 in mid-2012, for negative equity of $64.8 investigations with 33 arrests. The of- David R. Miller million. The hotel tax provided most rev- fice made 44,456 boiler and pressure Editor enues; most spending was bond interest. vessel inspections; wrote 1,718 violation Dianna Jones (70 ILCS 3205/18; undated, rec’d July notices; and did 21 audits of companies 2013, 21 pp.) working on pressure equipment. Divi- Office Administrator sion of Petroleum and Chemical Safety Composition & Layout State Board of Education made 5,235 underground storage tank Special education expenditures and re- inspections and issued 2,863 violation Abstracts ceipts, FY 2012 notices. Office gave 12,188 written ex- (continued from p. 31) Lists each school district’s special educa- ams to firefighters and processed 12,441 fell from 149 in 2010 to 83 in 2011. To- tion spending; receipts (mostly for special certifications. Since starting in 2003, tal reports of neglect and abuse fell from education) from local, state, and federal Fire Equipment Exchange Program has 2,305 in 2010 to 1,395 in 2011. IDPH sources; and net education spending ex- donated over 14,000 pieces of equip- found 29% of allegations valid. (210 ceeding such receipts, based on districts’ ment. (50 ILCS 740/13; Feb. 2013, ILCS 30/6 and 45/3-804; Sept. 2012, rec’d FY 2012 financial reports. The Chicago rec’d March 2013, 20 pp.) March 2013, 61 pp., tables, figures, appen- district had the highest excess of special dices) education spending over receipts ($39.5 Toll Highway Authority million). Average excess of special edu- Inspector General’s report, Oct. 2012 to Revenue Dept. cation spending over receipts was $1.6 March 2013 Illinois Lottery annual report, FY 2010 million per district in the rest of the state. Toll Highway Inspector General’s office Lottery evenues were $2.2 billion. Instant (105 ILCS 5/2-3.145; issued & rec’d May was created in 2010 to investigate alle- ticket sales were 53.4% ($1.17 billion) of 2013, 58 pp.) gations of fraud, waste, abuse, misman- revenues. Agents earned over $110 mil- agement, misconduct, nonfeasance, mis- lion in commissions. Transfers to Com- State Employees’ Retirement System, feasance, or malfeasance. From October mon School Fund were $614 million; Social Security Division 2012 to March 2013 it opened 16 inves- transfers to other state funds, $37 million. Social Security biennial report, 2012 tigations and closed 17. The IG’s office Includes audits of State Lottery Fund fi- At yearend 2012, 4,622 local govern- received 34 complaints from the public nancial statements. (20 ILCS 1605/7.8; ments extended Social Security benefits and closed 25. (605 ILCS 10/18.5(m); undated, rec’d Feb. 2013, 38 pp.) to employees: 3,245 of them were also undated, rec’d April 2013, 10 pp.) under the Illinois Municipal Retirement