New State Laws Enacted in 2008

SPRINGFIELD ­ More than 100 new state laws will take effect on Jan. 1, 2009, including a package of long-awaited ethics and contracting reforms, a measure that will better track domestic violence offenders who have violated orders of protection, and legislation targeting drunk drivers.

State Sen. Tim Bivins (R-Dixon) says one of the most important pieces of legislation approved by Illinois lawmakers in 2008 was House Bill 824 ­ "pay-to-play" reforms that ban state contractors from giving campaign contributions to the statewide officeholder responsible for awarding the contract, as well as contributions to declared candidates for the statewide office awarding the contract. The measure will apply to all contracts totaling $50,000 or more.

The new law will require businesses with contracts or pending bids to register with the State Board of Elections, including registering affiliated entities, owners and key executives. The State Board of Elections will be required to maintain a searchable database of all the names of contractors, affiliated persons and entities. Those found in violation of the law could have their contracts voided, and incomplete or falsified filings with the State Board of Elections would be considered a criminal offense, punishable by a fine. Contractors are obliged to notify legislators to whom they donate, that they are registered with the State Board of Elections.

In response to the tragic murder of an Arlington Heights woman, the General Assembly approved Senate Bill 2719, which seeks to increase protections for domestic violence victims and provide them with reassurance that an order of protection is being observed. The new law requires an individual charged with violating an order of protection, or a restraining order, to undergo a risk assessment evaluation at an approved partner abuse intervention program. Additionally, as a condition of bail the individual could also be placed under electronic surveillance for constant monitoring.

Also on Jan. 1, individuals convicted of driving under the influence will be required to install a breath alcohol ignition interlock device in their vehicles. As stipulated in Senate Bill 300, the individual will have to breathe into the device before the engine will start and will be required to submit additional breath samples at random intervals while the car is in motion.

Additionally, if an individual fails a breath alcohol test at the time of arrest the length of their license suspension time increases from three months to six months. If they refuse to submit to a breath alcohol test at the time of the arrest, their suspension will increase from six months to a year.

Other bills that will become law on Jan. 1 include:

Absentee Ballots (SB 439/PA 95-0889) ­ Allows municipalities to create a new absentee allot for consolidated elections that will count for both the primary and general elections.

Accident Reports (HB 5907/PA 95-0754) ­ Requires a driver involved in an accident to forward a written accident report if the accident resulted in property damage in excess of $1,500

AED (HB 1279/PA 95-0712) ­ Requires public and private outdoor facilities focusing on cardiovascular exertion to have an Automated External Defibrillator (AED) and a trained user on the premises during all physical fitness activities.

Alcopops (SB 2472/PA 95-0860) ­ Changes the definition of "alcopop" to include an energy drink containing alcohol and other stimulants including caffeine, guarana, taurine, and ginseng.

Annexation (SB 2677/PA 95-0931) ­ Prohibits municipalities from annexing territory if another municipality has already served notice of the proposed annexation.

Back-Door Referendum (HB 1054/PA 95-0850) ­ Introduces a back-door referendum exception that clarifies that a back-door referendum is not required on the sale of non-voted bonds that are to be repaid with any county school sales tax approved by referendum.

Ballot Questions (SB 2190/PA 95-0963) ­ Requires that persons and groups who raise or spend $3,000 advocating or opposing a question on the ballot must register with the State Board of Elections. Registration requirements are already in effect for other political committees.

Billy Clubs (HB 4206/PA 95-0885) ­ Prohibits the carrying of billy clubs or similar weapons in government buildings, with certain exceptions.

Brass Knuckles (HB 2757/PA 95-0809) ­ Prohibits the sale, manufacture, purchase, possession, or carrying of a device similar to metal knuckles.

Campus Security Enhancement Act (SB 2691/PA 95-0881) ­ Encourages coordination of safety and emergency services on Illinois campuses.

Car Title Beneficiaries (HB 1915/PA 95-0784) ­ Allows a space on a car title where the vehicle owner may designate a beneficiary.

Chicago Park Districts (SB 2788/PA 95-0936) ­ Allows the Chicago Park District to sell office space that it no longer needs.

Child Aggravated Battery (SB 2159/PA 95-0768) ­ Creates a Class 3 felony for a person 18 or older who knowingly causes bodily harm, disability or disfigurement to a child younger than 13 or to a person with severe mental retardation.

Child Pornography Sentencing (HB 3477/PA 95-0942) ­ Prohibits the use of computer encryption to facilitate a crime and allows possession of 100 or more child pornography images to be a factor in child pornography sentencing.

Cigarette Fake IDs (SB 2546/PA 95-0905) ­ Prohibits minors from using fake identification to obtain cigarettes.

"Cindy Bischof" law (SB 2719/PA 95-0773) ­ Provides greater surveillance for victims of domestic violence against their offenders. Cindy Bischof of Arlington Heights was killed by her former boyfriend, Michael Giroux (who then killed himself). Bischof had an order of protection against Giroux and he was arrested multiple times for violating the order of protection in the period of time prior to the murder-suicide.

Circuit Clerk Fees (SB 2053/PA 95-0955) ­ Allows a Circuit Clerk to charge a fee to recover the cost associated with processing a court order to seal or expunge court records held by the clerk.

Civil Air Patrol Leave (HB 5760/PA 95-0763) ­ Requires employers to grant unpaid leave to employees who are civil air patrol members performing a civil air patrol mission.

Childbirth Expenses (SB 2594/PA 95-0864) ­ Makes it easier to recover the costs of childbirth in cases where parentage has to be determined by a legal proceeding.

Consecutive Sentencing (HB 5082/PA 95-0766) ­ Requires a consecutive sentence for possessing a contraband while serving a sentence or in pre-trial custody on another offense in a penal institution or county jail.

Contraband (SB 1975/PA 95-0962) ­ States that if a penal institution employee brings in weapons, firearms, firearm ammunition, explosives, lock tools, cutting tools or electronic contraband it is unauthorized contraband.

Copy Fee (HB 4992/PA 95-0837) ­ Allows the county clerk to charge $2 for certified copies of vital records, with the proceeds used for maintenance, development, or improvements to the County Clerk's office.

County Board Leases (HB 2913/PA 95-0810) ­ Extends the time period for County Boards to lease computers and software to up to five years.

County Board Members (HB 4725/PA 95-0806) ­ Allows county board members to also serve on an Emergency Telephone System Board.

County Recorders (HB 5586/PA 95-0875) ­ States that County Recorders may not display personal information on Web sites. (SB 2160/PA 95-0877) ­ Penalizes county recorders only for willfully not performing a duty.

County Settlements (HB 4450/PA 95-0975) ­ Provides that crime victims must be notified whenever there is a settlement, verdict or judgment against a county, county sheriff, or county employee of more than $500.

CTA Board Members (SB 2679/PA 95-0968) ­ Stipulates CTA Board Members may not hold another office that pays more than $15,000 annually (currently $5,000).

Cyberstalking (HB 2426/PA 95-0849) ­ Expands the current cyberstalking offense to include harassing a person on two separate occasions through an electronic communication, knowingly soliciting that person or family member to commit an unlawful act, and creating an Internet site for at least 24 hours that harasses or threatens another person.

Day Camp Counselor Wages (HB 4583/PA 95-0945) ­ Provides that a day camp counselor is not subject to the adult minimum wage if specified requirements are met.

Debt Limitation Increase (SB 848/PA 95-0792) ­ Increases the debt limitation for the Mascoutah School District 19 for school construction purposes, subject to a voter referendum.

Disability License Plates (HB 5655/PA 95-0762) ­ Provides that an optometrist may determine visual disability for purposes of issuing a Disabled Person Identification Card or disability license plates or decals.

Distinguished Service Cross Plates (HB 4648/PA 95-0794) ­ Provides for issuance of special license plates to a holder, or the surviving spouse of a holder, of the Distinguished Service Cross.

Domestic Violence Protection (HB 5121/PA 95-0912) ­ Prohibits healthcare providers from releasing medical records about a child to a parent, when the parent has had an order of protection filed against them.

Domestic Violence (HB 5148/PA 95-0886) ­ Eliminates an automatic two-year expiration of orders of protection, allowing the order to remain in effect until it is vacated or modified.

DUI (SB 607/PA 95-0578) ­ Rewrites portions of the Vehicle Code to combine all the versions of the DUI statute in order to eliminate inconsistencies, and corrects language regarding the use of ignition interlocks for first-time DUI offenders.

Election Judges (HB 2671/PA 95-0818) ­ States that election judges may not be convicted sex offenders.

Electoral Boards (HB 4588/PA 95-0872) ­ Provides that Municipal, Township, and Education Officers Electoral Boards may meet at the location where the governing body holds meetings.

EMT Requirement (SB 2744/PA 95-0935) ­ Provides that municipalities may require new firefighters to be EMTs.

Environmental Covenant (SB 2110/PA 95-0845) ­ Creates an "environmental covenant" with the goal of making it easier to redevelop polluted sites commonly referred to as "brownfields."

Exploitation (HB 4506/PA 95-0798) ­ Amends the offense of financial exploitation of an elderly or disabled person to delete from the definition that the person with a disability must suffer from a permanent physical or mental impairment.

Fairness In Lending (SB 1879/PA 95-0961) ­ Increases fines that can be levied against lenders for violating the Human Rights Act by discriminating on the basis of race, gender, disability, or national origin.

Federal Transit Compliance (HB 2133/PA 95-0822) ­ Brings the St. Clair County Transit District and MetroLink into compliance with federal regulations concerning State Safety Oversight of Rail Fixed Guideway systems.

Fire Protection Agreement (SB 2434/PA 95-0832) ­ Requires signed agreements between mobile home parks and the local fire chief if no private water supply and hydrants are available in the park.

Fire Protection Districts (SB 2748/PA 95-0866) ­ Allows Fire Protection District Trustees to leave work to attend District board meetings. (SB 2749/PA 95-0867) ­ Allows Fire Protection Districts, Townships, and Municipalities that provide fire protection services to charge and collect reasonable fees for technical rescue services. (HB 4674/PA 95-0799) ­ Allows Fire Protection District Trustees to get pay raises for completing training programs.

Food Banks (HB 5242/PA 95-0828) ­ Requires food banks to give a list of member food pantries to the local department of health.

Genetic Information (SB 2399/PA 95-0927) ­ Prohibits an employer from soliciting genetic information of an employee as a condition of employment, or allowing genetic information to impact employment status or work conditions.

Golden Apple Scholars (HB 1334/PA 95-0939) ­ Requires that a minimum of 200 Golden Apple Scholars of Illinois awards be allocated annually.

Guns (HB 5524/PA 95-0882) ­ Increases penalties for knowingly purchasing or attempting to purchase a firearm for someone prohibited from possessing a firearm, or intentionally providing false or misleading information when purchasing a firearm.

Heart Disease (HB 5596/PA 95-0774) ­ Designates February as Women's Heart Disease Awareness Month.

Highway Safety (SB 2488/PA 95-0803) ­ Gives fire department officers the authority to close traffic to protect the safety of persons/property. Also increases penalties for those failing to abide by these closures.

Homebound Voters (SB 2314/PA 95-0878) ­ Allows voters who have been released from a hospital, nursing home, or rehabilitation center because of an injury or illness that occurred within 14 days of an election (currently five), and expect to be homebound on the day of the election, to have a relative or another person from the voters' precinct bring them an absentee ballot.

Home Ownership Consumer Education (SB 2387/PA 95-0863) ­ Adds home ownership education to the financial literacy component of the consumer education mandate.

Hospice Care (HB 4297/PA 95-0827) ­ Provides that revenue in the Hospice Fund must be paid as grants to a statewide organization whose primary membership consists of hospice programs.

ID Cards (HB 4165/PA 95-0779) ­ Allows the Secretary of State to designate space on a State ID card for a renewal sticker.

Illinois Science and Technology Commission (HB 4216/PA 95-0943) ­ Creates the Illinois Science and Technology Commission within the Department of Commerce and Economic Opportunity.

Inmate Penalties (SB 2365/PA 95-0748) ­ Raises the penalty for an aggravated battery committed by a prison inmate or person in custody as a sexually violent person, when the battery involves throwing blood, seminal fluid, urine or feces at a facility employee.

Insurance Coverage (HB 1432/PA 95-0973) ­ Changes the definition of "serious mental illness" to include eating disorders, including anorexia nervosa, bulimia nervosa.

Internet Gaming (HB 4178/PA 95-0765) ­ Requires Internet gaming service providers that automatically re-enroll subscribers to provide subscribers with a secure method of cancelling the subscription on the Web site.

Internet Safety (SB 2512/PA 95-0869) ­ Requires schools to teach Internet safety at least once a year to all students in grades 3 and higher.

ISP Escort Fees (HB 4811/PA 95-0787) ­ Increases Illinois State Police escort fees when the escort for an oversized load on state highways is required for public safety.

Juvenile Escape (SB 2135/PA 95-0921) ­ Applies escape laws to certain juvenile offenders.

Juvenile Record (HB 1639/PA 95-0861) ­ Reduces the period of time law enforcement has to object to a petition for expungement of a juvenile record.

LED Lights (HB 5930/PA 95-0743) ­ Requires the use of Energy Star lights or LED lights (now, Energy Star lights) in State owned or leased buildings of 1,000 square feet or larger.

Lemon Law (SB 2422/PA 95-0802) ­ Includes in the "Lemon Law" vehicles purchased by a fire department, fire protection district or township fire departments.

Liquor Control Act (HB 1809/PA 95-0752) ­ Allows two Chicago retailers to sell liquor on Sunday despite their proximity to a school or church.

Lock Bumping (HB 2859/PA 95-0883) ­ Allows the courts to consider the possession of a "lock-bumping" key as an "intent to commit a felony or theft" when weighing the offense of possession of burglary tools.

Long-Term Care (HB 3508/PA 95-0823) ­ Requires the creation of a form to be completed by all long-term care facilities, assisted living, shared housing and supportive living facilities to gather information that will be used to help consumers make informed decisions.

License Plates (HB 5607/PA 95-0795) ­ Allows the Secretary of State to issue Illinois Police Association license plates.

Marriage Solemnization (SB 2161/PA 95-0775) ­ Provides that a marriage is not invalidated by the fact that the marriage was inadvertently solemnized in an Illinois county other than the county where the license was issued.

Metropolitan Water Reclamation District (SB 2292/PA 95-0923) ­ Provides that within 30 days of a civil service suspension at the MWRC the charges must be filed with the civil service board, and outlines requirements for investigating the charges.

Minor Detention (SB 2118/PA 95-0846) ­ Requires counsel to be appointed for a minor in advance of a detention or shelter care hearing.

Monitoring Device Driving Permits (SB 2295/PA 95-0855) ­ Establishes the fee for a Monitoring Device Driving Permit (MDDP) and adopts several other provisions clarifying the 2007 law, which allows first-time DUI offenders to obtain a MDDP if they use an ignition interlock device.

Parental Responsibility Law (SB 1865/PA 95-0914) ­ Increases the amount of damages that a parent can be held liable for when a child vandalizes property, raising the amount to $20,000 for the first instance, $30,000 for a pattern. Also allows local government to recover attorney's fees up to $15,000.

Pay-to-Play Reform (HB 824/PA 95-0971) ­ Prohibits contractors who hold any state contracts totaling over $50,000 from contributing to the campaign fund of the officeholder who is responsible for awarding the contract, and from contributing to the campaign fund of any declared candidate for that same office. Also:

·Requires businesses with contracts or pending bids to register with the State Board of Elections, including registering affiliated entities, owners and key executives;

·Requires State Board of Elections to maintain a searchable database of all of the names of contractors, affiliated persons and entities;

·Contractors must notify legislators who they donate to, that they are registered with the State Board of Elections;

·Violations can result in the loss of the contract;

·Contributions ban applies to the state's pension systems.

Plumbing Licensure (SB 730/PA 95-0421) ­ Requires all automatically operated lawn sprinkler systems to include technology that halts operation of the system during periods of sufficient rainfall or moisture.

Podiatric Medical Malpractice (SB 2424/PA 95-0738) ­ Exempts Chiropractors from the Podiatric Medical Practice Act.

Popular Vote (HB 1685/PA 95-0714) ­ Endorses a system to effectively eliminate the Electoral College system and allow the selection of a president by popular vote.

Post-Trial Motions (SB 2435/PA 95-0902) ­ Allows state and local governments to continue to enforce ordinances or laws while a challenge is pending.

Procurement Code (HB 2254/PA 95-0758) ­ Authorizes consolidated bids on state construction projects that are more than $20 million.

Property Tax Code (SB 2353/PA 95-0925) ­ Repeals an obsolete section of the property tax code that has not been used for nearly 100 years.

Railroad Obstruction (HB 4754/PA 95-0753) ­ Increases the penalty for a motor vehicle driver who obstructs a railroad grade crossing.

Real Estate Penalties (HB 1361/PA 95-0851) ­ Provides for a transfer of money held in escrow by a licensed real estate agent to the State Treasurer's office if the real estate transaction is not complete and the escrow funds are in dispute.

Renewable Energy (SB 878/PA 95-0913) ­ Makes a change in the definition of renewable energy resources to allow the "heating" of tires to be included in the definition.

Rental Cars (HB 4221/PA 95-0770) ­ Provides that rental car companies must provide an emergency phone number that the person renting the vehicle can call for roadside assistance.

Rental Property (SB 2366/PA 95-0857) ­ Helps rental property owners by creating a permissive inference for the intent to permanently deprive the owner of rental property if the lessee fails to return rental property to the owner within 10 days of a written demand for return.

Residency (HB 5905/PA 95-0888) ­ Requires public universities to consider individuals, and their dependents, who are on active military duty stationed out-of-state, but who were stationed in Illinois for at least three years prior to being out of state, to be Illinois residents for purposes of tuition.

Resisting Firefighters (HB 5909/PA 95-0801) ­ Provides that resisting or obstructing a firefighter is a Class A misdemeanor.

Restricted Driving Permit (SB 2396/PA 95-0848) ­ Allows a person who has a restricted driving permit to transport family members to and from school and daycare.

Safety Device Sales (HB 4683/PA 95-0946) ­ Prohibits the manufacture, installation, or sale of fake life safety or fire protection devices.

Salvage Vehicles (HB 5204/PA 95-0783) ­ Makes it easier for out-of-state salvage vehicle buyers to purchase salvage vehicles in Illinois.

School Buses (SB 2182/PA 95-0756) ­ Requires school bus drivers to open the bus door before crossing railroad tracks.

"Scott's Law" (HB 4203/PA 95-0884) ­ Increases felony penalties for violating "Scott's Law," which requires a driver to move to another lane of traffic, if possible, or slow down when approaching a stationary emergency vehicle with flashing lights. (SB 2713/PA 94-0894) ­ States that the Secretary of State can only suspend a license for violating "Scott's Law" if the violation results in damage to property or death or injury.

Senior Technology Grants (HB 314/PA 95-0740) ­ Provides that senior citizen homes may receive grants under the Community Technology Center Grant Program.

Sex Offenders (HB 3399/PA 95-0819) ­ Provides the method for calculating the 500-foot distance in statutes prohibiting a child sex offender from living or loitering near certain locations. (HB 4207/PA 95-0820) ­ Prohibits child sex offenders from renting property to people who have children younger than 18. (SB 2509/PA 95-0892) ­ Allows prior commission of child pornography or murder to come into evidence when the person is being tried or retried on certain sexual related offenses. (HB 5101/PA 95-0896) ­ Requires victims of a sex offense to be notified when the sex offender is released from prison, work release, or international transfer. (SB 1887/PA 95-0899) ­ Allows the prosecution of a sex offense to be commenced at any time, if the defendant's DNA profile was obtained and entered into a DNA database within 10 years after commission of the crime. (SB 2382/PA 95-0901) ­ Creates an offense of "grooming" (using the Internet to seduce or entice a child to commit a sex offense) and also makes it an offense to travel to meet a minor for the purpose of engaging in a sex offense with the child.

Sexual Assault Awareness (HB 3677/PA 95-0764) ­ Requires sexual assault awareness to be taught in both high schools and the higher education system.

Shingles Vaccine (HB 4602/PA 95-0978) ­ Requires insurance to cover the cost of a shingles vaccine that is ordered by a physician for enrollees older than 60.

Soybean Pricing (SB 1984/PA 95-0953) ­ Amends the Soybean Marketing Act to define "net market price" and to alter the assessment from cents per bushel to a percentage of the market price for soybeans sold.

Statements of Non-Participation (SB 2191/PA 95-0957) ­ Provides that a continuing political committee may only file a statement of non-participation if it does not spend an aggregate amount of $500 in favor or opposition of any candidate or candidates, question or questions, or a combination of candidates and public questions.

State Scholars (SB 437/PA 95-0715) ­ Provides a one-time $1,000 grant for tuition and fees to each State Scholar who is enrolled in college in Illinois.

Student Health Condition Instruction (SB 2685/PA 95-0969) ­ Requires teacher institutes in Cook County to include instruction on prevalent student chronic health conditions.

Telecom Leases (HB 4766/PA 95-0813) ­ Allows counties that have telecommunications towers (such as towers for emergency communication systems) to lease space on the towers to private companies (such as cell phone providers).

Testimony by persons with disabilities (HB 5603/PA 95-0897) ­ Allows a court to allow developmentally disabled victims to submit testimony outside the courtroom and have the testimony shown at the court proceeding via closed-circuit TV.

Uniform Commercial Code (SB 2080/PA 95-0895) ­ Changes the Uniform Commercial Code, relating to warehouse receipts, bills of lading and documents of title to conform to recommendations for the National Conference of Commissioners of Uniform State Laws.

Verdict Notification (SB 2785/PA 95-0904) ­ Strengthens notification requirements for victims to be informed about any release of an individual found not guilty by reason of insanity.

Wellness Check System (HB 1351/PA 95-0808) ­ Creates a demonstration program to evaluate the use of older adult volunteers to perform telephone reassurance activities and outreach on the emergency home response program.

Zoning Decisions (SB 2014/PA 95-0843) ­ Provides that all zoning decisions made by the corporate authorities of a municipality, township board, or county board are subject to judicial review.

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