More than 200 new Illinois laws scheduled to take effect on Jan. 1. Here are the new laws governing Ethics, Transparency and Local Government
Ethics and Transparency
Agenda Transparency (SB 564/PA 99-0218): Requires the Governor’s Office of Boards and Commissions to establish an online section that an individual could subscribe to receive email notices of meeting of each board and commission and the meeting’s agenda. This site would also contain a listing of all meeting times and agendas for each board and commission. All emails and posting notices must be completed at least 48 hours in advance.
Closed Meetings Exemptions (HB 1498/PA 99-0235): Allows a public body to hold closed meetings if the entity is discussing either school safety/security or patient quality and safety reports for a hospital or medical institution that is operated by the state or provides care on behalf of the state.
Comptroller Ledger/Warehouse (SB 903/PA 99-0393 – Sen. Karen McConnaughay): Codifies the “Online Ledger” and “The Warehouse” under the State Comptroller. These are repositories for the storage of any reports submitted to the comptroller and a database of all of the State’s transactions.
Campaign Finance Independent Expenditure Reporting (SB 248/PA 99-0437): Requires year-round reporting of independent expenditures of $1,000 or more. These expenditures are to be reported within five business days after making the independent expenditure (two business days during the 60-day period before an election).
Local Government
American’s Central Port District Act Changes (HB 3664/PA 99-0279 – Sen. Sam McCann): Removes Quarry Township from the America’s Central Port District’s territory.
Bond Skimming (HB 1119/PA 99-0412): Provides that clerk of the court in Cook County shall not retain bail bond costs exceeding $100.
Building Alterations (SB 379/PA 99-0313): Provides that all codes, rules, and regulations that govern land use, construction, and alteration of buildings, structures, parts and appurtenances that are adopted by the county board in which the district is located shall apply to all construction projects on property owned by the district. Pertains to the Cook County Forest Preserve District.
Capital Fund (SB 87/PA 99-0019 – Sen. Pamela Althoff): Allows a county to accumulate, in a separate fund, no more than three percent of the equalized assessed value of property that is subject to taxation by the county for capital improvements, repairs, or replacements.
Cook County Forest Preserve Police (SB 376/PA 99-0312): Provides that when Cook County Forest Preserve Police are outside the limits of their territory, either leased or licensed by the district and have easement rights, they will act in aid of regular police force of any such city or village.
Cook County Title Freeze (SB 1487/PA 99-0439): Amend the Counties Code to create the Foreclosure Property Pilot Program in Cook County to freeze the recording of documents relating to a property that is subject of foreclosure.
County Budget Public Hearing (HB 2474/PA 99-0273): Requires counties to have a public meeting on the annual budget and provide to members of the public copies of that budget at that meeting at least 15 days before final action on that budget.
DNR Land Vacation (HB 3622/PA 99-0156 – Sen. Pamela Althoff): If the Department of Natural Resources (DNR) feels it is in the best interest of the public to vacate any plat of subdivision, street, roadway, or driveway, the DNR may do so with approval from the Governor. Land title is transferred unless there is an easement or deed instructing otherwise.
Forest Preserve District (SB 378/PA 99-0264): Makes a minor addition to current statute. Adds he or his designee to the code for the execution of all contracts entered into by the district and perform other duties as prescribed.
Gray Township (SB 1252/PA 99-0248 – Sen. Dale Righter): Allows Gray Township of White County a one-time transfer of general assistance funds to the townships general fund if the townships does not receive any state funding for general assistance; has not borrowed for general assistance purposes in the last three fiscal years, and did not certify a new general assistance levy or increase the levy in 2015. The transfer must take place within one year of the effective date of the new Act.
Human Trafficking Hotline (SB 43/PA 99-0105): Requires the Department of Human Services to cooperate with the Illinois Department of Transportation to promote public awareness of the National Human Trafficking Hotline.
Impoundment Large Animals (SB 1735/PA 99-0321 – Sen. Pamela Althoff): Amends Humane Care for Animals Act; in cases where a county has no facilities capable of taking companion animals that are being abused, the authorities (animal control, law enforcement, etc.) may utilize the on-site impoundment of the animals, pursuant to a court order of the property owner.
Land Annexation to Municipality (SB 369/PA 99-0063): Provides that parcels of land less than one acre may be annexed to a municipality if it would be contiguous to the municipality but separated by a forest preserve district, federal wildlife refuge, open land/space, or conservation area.
Local Government Tech (SB 920/PA 99-0123 – Sen. Jason Barickman): Provides clarification on whether locals can regulate wind farm sites where there is no zoning.
Mobile Home VIN (HB 2547/PA 99-0274 – Sen. Pamela Althoff): Provides that the annual tax judgment, sale, redemption, and forfeiture record for mobile homes should contain the Vehicle Identification Number (VIN) if known. This would allow the county treasurer to proceed with processing the pertinent mobile home documentation.
Municipal Contract Expenditures (HB 299/PA 99-0010 – Sen. Pamela Althoff): Removes the provision subjecting court security to the Sheriff’s Merit Commission.
Obama Library/George Lucas Museum (HB 373/PA 99-0003): Gives the City of Chicago legal authority to build a President Barack Obama Presidential Library on park land. Also adds language allowing for the George Lucas Museum to be constructed by the city on public park land.
Park District Code Changes (HB 3882/PA 99-0016): Removes an unused, obsolete subsection of the Park District Code that allowed for the reorganization of a park district into two park districts. This provision expired in 1987.
Payment Collection (SB 86/PA 99-0018 - Sen. Pamela Althoff): Allows a state’s attorney to retain attorneys and private collection agencies to collect for the county a defaulted payment or installment of an imposed fine/penalty.
Prohibition of New Local Governments (HB 228/PA 99-0353 – Sen. Michael Connelly): Prohibits the General Assembly from creating any new form of local government. Includes any General Assembly action to divide any existing local governments into two units. Prohibition sunsets in four years.
TIF Arcola/Paris (SB 1714/PA 99-0361 – Sen. Chapin Rose): Creates three Tax Increment Financing (TIF) extensions, two for Arcola, IL and one for Paris, IL.
Tractor Trailer Road Closure (SB 1704/PA 99-0168): Allows local road commissioners to close highways in their jurisdiction to tractor trailers for up to 90 days in any one calendar year, if the conditions will result in the destruction of or damage to the highway.
Truth in Taxation Notice (SB 792/PA 99-0367): Provides if a taxing district fails to post notice on its website the notice or any actions on the tax levy will not be invalidated. The Truth in Taxation Notice is required to be published on taxing districts website, in addition to current requirements.
State Government and Insurance
African-American HIV/AIDS Response Fund (HB 1004/PA 99-0054): Extends the date of repeal of the African-American HIV/AIDS Response Fund from July 1, 2016 to July 1, 2026. It also amends the AIDS Confidentiality Act by making changes which have the potential to increase HIV testing in Illinois and subsequent identification of more HIV positive citizens and residents of Illinois through the inclusion of additional health care providers in the definition of “Health care professional” and by clarifying the definition of “informed consent” and allowing for the use of a single medical treatment consent form for documentation.
Autistic Dental Coverage (HB 235/PA 99-0141): Provides that accident and health insurance policies must cover anesthetic charges for dental care if the individual is younger than age 19 and has been diagnosed with an autism spectrum disorder, or has been diagnosed with a developmental disability.
Burn Victims Relief (HB 4006/PA 99-0455): Establishes the seed money for the George Bailey Memorial Fund by diverting $1 from the $35 fee assessed on serious traffic violations. The George Bailey Memorial Program provides income to burn victims during the five month waiting period for SSI benefits, which will be repaid from SSI funds when received or from any settlement the victim receives.
Duplicative IDs (SB 1898/PA 99-0305): A Secretary of State (SOS) Initiative that limits the number of duplicative ID cards an individual can receive. Allows SOS to issue a refund of fees if an application for a card is denied/refused. Clarifies the expiration of non-US citizen driver’s licenses.
Electronic Insurance Storage (SB 1680/PA 99-0167): Allows for documents that are required by statute in an insurance transaction or that serve as evidence of insurance coverage, to be stored, presented, and delivered by electronic means.
Equal Opportunity Task Force (HB 3840/PA 99-0158): Creates the “Equal Opportunity Task Force” to examine barriers to economic opportunity in economically depressed communities; issues that discourage local investment and business development; local community concerns; and current economic conditions.
Federal Deposit Insurance Corporation Fee (HB 3543/PA 99-0039 – Sen. Chris Nybo): Allows the Illinois Department of Financial and Professional Regulation to assess reasonable receivership fees against any state bank or savings bank that does not maintain insurance with the Federal Deposit Insurance Corporation.
Flag Display (HB 2932/PA 99-0372): Requires the Governor to issue an official notice to fly the United States national flag, the state flag of Illinois, and the appropriate military flag at half-staff upon the death of a resident of Illinois killed during on duty training for active military duty.
Fleet Vehicle Fuel Requirement (HB 3667/PA 99-0406): Requires that on and after Jan. 1, 2016, 15 percent of passenger vehicles including dedicated or non-dedicated fuel type vehicles purchased with state funds must be vehicles fueled by the specified alternative fuels.
Governmental Board/Commission Meeting Per Diem (SB 1444/PA 99-0318): Amends the Illinois Governmental Ethics Act to limit the ability of members of boards and commissions which are compensated on a per meeting basis from receiving compensation for more than one meeting held during any seven consecutive day period unless each meeting is more than four hours long or in the case of a bona fide emergency.
Home Equity Districts (HB 3193/PA 99-0037): Amends the Home Equity Assurance Act to permit Home Equity Districts to create Low Interest Home Improvement loan programs through resolution of their commission.
Illinois Insurance Guarantee Fund Financial Report (SB 1806/PA 99-0388): Changes the date from March 30 to April 30 that the Board of Directors for the Illinois Insurance Guarantee Fund provides the Director of Insurance their financial report.
Illinois Motor Vehicle Theft Prevention Act Sunset (SB 1620/PA 99-0251): Extends the sunset date of the Illinois Motor Vehicle Theft Prevention Act through Jan. 1, 2020.
Illinois Notary Public Act Changes (HB 2797/PA 99-0112): Authorizes the Secretary of State to create an online application system for those applying for appointment and commission as a notary public. Also allows the Secretary of State to release photographs to SOS personnel for purposes of issuing and controlling notary public commissions.
Insurance Code Amendment (SB 1764/PA 99-0421): Provides that insurers offering accident and health insurance to groups of more than 25 employees must provide coverage for infertility treatments to covered individuals unable to attain a viable pregnancy, or maintain a viable pregnancy.
Insurance Modifier Rate (HB 2763/PA 99-0100): Provides that registered surgical assistants are reimbursed equally for services a physician acting in the same role would receive as long as that assistant was brought in on a case by case basis and is not an employee of the hospital or clinic.
Insurance Provider Directory Updates (SB 750/PA 99-0329): Provides that a provider network directory is updated regularly and shall not include providers that are not currently accepting patients at a location and/or have not treated patients at a location.
Information Release (HB 3909/PA 99-0159): Allows the Fire Marshal and the Department of Insurance to prohibit the release of certain information to insurance companies if it would endanger the life of physical safety of law enforcement personnel or any other person.
Insurance Verification System (SB 1482/PA 99-0333): Extends the sunset date of state law concerning the verification of liability insurance policies from Dec. 31, 2015 to Dec. 31, 2016.
Oil and Gas Deficiency Letter (HB 3430/PA 99-0131): Adds provision stating that the Department of Natural Resources can send a deficiency letter for oil and gas permit applicants.
Opportunities for At-Risk Women Act (HB 3284/PA 99-0416): Creates a 12-member task force within the Department of Commerce and Economic Opportunity to design a plan to distribute materials detailing available resources to help aid at-risk women and their families become productive citizens.
Property Tax Complaints (HB 2554/PA 99-0098 - Sen. Pamela Althoff): Amends the Property Tax Code to provide more detailed instruction for all parties involved during the Property Tax Board of Review complaint procedure, outside of Cook County.
Recyclable Stolen Metals Task Force (HB 330/PA 99-0052): Creates the Recyclable Metal Theft Task Force within the Office of the Secretary of State to look at ways to combat recyclable metal theft throughout the state, assist in developing regional task forces to combat recyclable metal theft, and consider and develop long-term solutions.
Recycling Labels (HB 2495/PA 99-0306): States that the Department of Commerce and Economic Opportunity shall work with nationally based consumer groups and trade associations to develop nationally recognized logos that can be used to specify whether a consumer product claimed to be recyclable by the manufacturer is compostable, biodegradable, or recyclable.
Reverse Mortgage Act (SB 1440/PA 99-0331): Creates the Reverse Mortgage Act by rewriting the entire reverse mortgage law. Consolidates duplicative and sometime conflicting state laws regarding reverse mortgages.
Road Fund Audit Clarification (SB 1589/PA 99-0127): Resolves ambiguous and contradictory language to clarify that the Secretary of State should be depositing certain funds in to the Road Fund, not the State Construction Account.
Scott’s Law Day (HB 246/PA 99-0146): Designates Dec. 23 of each year to be “Scott’s Law Day,” to honor public safety workers and serve as a remembrance to motorists to utilize safety when passing stopped emergency vehicles.
SOS Electronic Payment (HB 364/PA 99-0324): Allows the Secretary of State to decline electronic payments for payment of fees.
State Pie (HB 208/PA 99-0364 – Sen. Bill Brady): Designates pumpkin pie as the official state pie of Illinois.
Surface Mining (HB 123/PA 99-0224): Amends the Surface-Mined Land Conservation and Reclamation Act; Increases the insurance bond threshold to $10,000; makes exceptions for higher amounts in certain cases.
Topical Eye Medication Coverage (HB 3137/PA 99-0226): Coverage for topical eye medication shall not be denied when the medication is to treat a chronic condition of the eye.
Update to Records Act (HB 362/PA 99-0147 – Sen. Karen McConnaughay): Amends the State Records Act and the Local Records Act to update the statute to reflect usage of “digital material.”
Check Out More New Illinois Laws in 2016
Review ALL 237 new laws that take effect on Jan. 1:
