More than 200 new Illinois laws scheduled to take effect on Jan. 1. Here are the new laws governing Business, Commerce, Labor, Regulation and Licensure:
Amusement Ride Regulations (HB 3359/PA 99-0116): Provides that slides of all sizes operated by an amusement vendor be considered an amusement ride and subject to regulation.
Child-Care Employee Vaccination Requirement (SB 986/PA 99-0267 – Sen. Christine Radogno): Mandates any child-care facility that cares for children ages 6 and younger to require child-care employees to provide proof of two doses of the Measles Mumps and Rubella (MMR) Vaccine or provide proof of immunity. Also requires child-care employees to show proof of having received the tetanus, diphtheria and pertussis vaccine (Tdap).
Cigarette Distributor – Retail Prohibition (HB 2513/PA 99-0192): Removes a provision that disallows cigarette distributors from also being retailers. Provides a distributor may file a written request with the Department of Revenue to waive the requirement of listing the distributor’s cigarette distributor license number on every sales invoice. Also provides changes made to the training program criteria administered by retailers.
Currency Exchange Clarification (SB 1882/PA 99-0445): Clarifies language to provide for a more efficient mechanism to yield services by currency exchanges.
Dental License Application (HB 1496/PA 99-0366): Provides that a dental license applicant who did not graduate from a dental school in the United States or Canada must complete two years of general dental clinical training in the United States or Canada prior to licensure.
Duplicative Small-Business Regulations (HB 3887/PA 99-0370): Requires state agencies to examine their rules, administrative regulations, and permitting processes as they pertain to small businesses in order to identify those rules, regulations, and processes that are unreasonable, unduly burdensome, duplicative, or onerous to small businesses.
Elevator Safety (SB 718/PA 99-0022): Provides that the Office of the State Fire Marshal shall authorize the issuance of elevator contractor’s licenses, elevator mechanic’s licenses, inspector’s licenses, and inspection company licenses. The Elevator Safety Review Board no longer has the power to establish fee schedules for inspections of conveyances. Requires that all injuries caused by a malfunctioning conveyance be reported to the Office of the State Fire Marshal within two business days.
Equal Pay Act Changes (HB 3619/PA 99-0418): Provides that the Act applies to all employers (currently only employers with four or more employees). Provides that any violation of the Act will subject employers to a civil penalties. Sets different penalty structures for employees with fewer than four employees and those with four or more employees. Committing public policy violations will subject the employer to a civil penalty not to exceed $5,000.
Equity Crowdfunding (HB 3429/PA 99-0182): Allows companies, particularly start-ups, to build capital by soliciting small amounts of money from many investors over the internet for the purchase and sale of securities. Investors may be accredited or non-accredited. The Secretary of State is allowed to establish rules pertaining to issuance of securities, fees, and notice requirements.
Home Kitchens (HB 2486/PA 99-0191): Provides that a home kitchen operation does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes.
Human Trafficking Notices (HB 2556/PA 99-0099): Creates the Human Trafficking Resource Center Notice Act. Businesses and establishments that are prime “hot spots” for human trafficking are required to post a notice with information about the National Human Trafficking Resource Center and the hotline number.
Illinois Credit Union Amendment (HB 2477/PA 99-0149): Codifies federal law by allowing state banks to create “savings promotion raffles.” An out-of-state credit union not registered with the Illinois Department of Financial and Professional Regulation will not impair the collectability of a loan made to an Illinois resident.
Insurance Public Adjuster License (SB 810/PA 99-0266): Changes the wait time a prospective public adjuster licensee has until he/she re-take a failed licensure examination from 90 days to 7 days.
Life Insurance Legal Reserves (SB 94/PA 99-0162): Changes standards and calculations required for legal reserves of life insurance companies. Implements NAIC model act on the uniform “Valuation Manual,” including the use of principle-based reserve valuation methods.
Limited Lines Producer Licensure (HB 4015/PA 99-0161): Provides for a Business Entity license for Limited Lines Producers. Provides specific authority of the Illinois Insurance Department to issue a limited lines producer license for credit insurance to the business entity at the point of sale.
Medical Cannabis Pilot Program Changes (SB 1571/PA 99-0031): Provides that nothing in the Act may be construed to require an employer or a property and casualty insurer to reimburse a person for costs associated with the medical use of cannabis.
Milk Amendment (SB 1228/PA 99-0304): Alters the definition of “milk” to include that it must be labeled in accordance with the current Grade “A” Pasteurized Milk Ordinance as adopted by the United States Public Health Service — Food and Drug Administration.
Minimum Wage Employers Negotiations (SB 38/PA 99-0017 – Sen. Pamela Althoff): An initiative of the Illinois FOP Labor Council that amends the Minimum Wage Law by allowing a collective bargaining unit to negotiate and contractually exempt themselves from the hourly wage requirements imposed by the Act. Instead, the union can agree to an alternate shift schedule as allowed under federal law.
New Business Website (SB 659/PA 99-0134): Requires the Department of Financial and Professional Regulation to create and maintain a website to help anyone wishing to start a business in Illinois or relocate a business in Illinois.
Private Employment Agencies (SB 1859/PA 99-0422): Makes changes relating to the procedures and record-keeping requirements of those seeking to open, or who have opened, private employment agencies. Establishes penalties for violators.
Rental Car Toll Violations (HB 3788/PA 99-0214): Provides car rental and leasing companies with additional time to provide proof that the car is a rental or leased vehicle in the event of a toll violation.
Residential Mortgage License Act Changes (HB 3369/PA 99-0015 – Sen. Sue Rezin): Amends the Residential Mortgage License Act to improve the efficiency and include modern best practices in the regulation of the Act.
Serial Number Modification (SB 1820/PA 99-0188): Provides for additional record keeping for all items purchased for resale or loan regardless of the source. All material purchased for resale or collateral must have an unmodified serial number.
Smart Phone Theft Protection Act (SB 66/PA 99-0327): Creates the Smart Phone Theft Protection Act. Creates new regulations on vendors that buy and resell smart phones. Prohibits minors from trading in smart phones. Defines resale businesses that have 25 of more locations in the state (i.e., AT&T or Verizon) to ensure such business can enter into trade-in agreements for promotions and upgrade offers.
Tattoo and Body Piercing Establishment Registration Act (HB 3375/PA 99-0117 – Sen. Chapin Rose): Authorizes the Illinois Department of Public Health (IDPH) to establish and assess penalties or fines against any person who violates the Tattoo and Body Piercing Establishment Registration Act. Provides IDPH may assess a late fee if the renewal application and renewal fee are not submitted on or before the registration expiration date. Provides that in no circumstance will any penalties or fines exceed $1,000 per day for each day the violation continues.
Temporary Optometry Licensure (SB 1504/PA 99-0043): Deletes a section that allowed for a temporary practice license for qualified optometrists licensed in other states who want to practice in a residency program in Illinois. Requires the Department to audit renewals of optometrist licenses. Allows an optometrist to use the word “Hospital” or “School” in marketing their location if they in fact do practice in a licensed hospital or accredited school.
Title Insurance Fee (HB 3910/PA 99-0104): Provides that each title insurance company fee of $3 per policy is paid by the agent or agent’s parent company.
Towing Commercial Vehicles (SB 1441/PA 99-0438): Prohibits tow truck drivers from removing commercial vehicles under their own power unless authorized to do so by a law enforcement officer. Requires all law enforcement departments that patrol highways (excluding Chicago) to create a tow list to regulate towing in their jurisdictions.
Check Out More New Illinois Laws in 2016
Review ALL 237 new laws that take effect on Jan. 1:
