There are hundreds of new laws coming of age on Jan. 1, 2014. Those laws may affect one’s everyday life in the Land of Lincoln, including measures that are reportedly being put in place for the state’s citizens’ safety as well as for other reasons. When facing a judge in court, ignorance of the laws – new or old – is not an excuse. Therefore, keeping up with the laws in the state are highly recommended.
This year, the list of laws have been categorized by types of laws. The law types are: Transportation, Consumer, Criminal Law, Civil Law, Family, Health, Education, Housing, Public Safety, Business, Seniors, Veterans, Pension, Revenue and Taxes, Higher Education, Labor, Agriculture and Natural Resources, Elections, Gaming, Ethics, Local Government, and State Government.
New Laws for Illinois in 2014...
Using cell phones for any purpose while driving are prohibited – exempts GPS systems and hands-free devices.
An aggravated offense for driving while using a cell phone for both misdemeanors and felonies is created when the usage results in death or serious injury.
Speeding in a work zone is separated into two offenses: when workers are present and when workers are not present.
The Secretary of State is prohibited from issuing a driver’s license to people under 18 if they have an unresolved traffic citation – allows prosecutors to petition the court to have the driver’s licenses of minors convicted of accidents involving a death or serious injury invalidated.
Vehicle insurers are no longer required to send new copies of policyholder information each time an insured individual renews his or her insurance.
The speed limit has been changed to 70 miles per hour on certain highways throughout the state – counties in Chicagoland and the Metro East are allowed to establish lower speed limits.
Bicycles are exempt from the prohibition on two-wheeled devices passing on the right of another vehicle not propelled by human power.
The limits on how long employers can require an employee to operate a motor vehicle is removed.
The Toll Highway Authority is allowed to publish the names of toll violators if they owe more than $1000 and after other avenues to collect the money have been taken.
Cement mixing trucks manufactured and registered before 2005 are to follow maximum weight limits. IDOT is required to put up signs for businesses that are open during construction projects explaining alternative routes and locations.
The penalty for operating a vehicle without a certificate of safety is reduced to a $95-$250 fine unless an accident occurred.
Fire department vehicles are allowed to have permanent registration license plates.
The state is required to purchase vehicles that are electric or powered by natural gas after Jan. 1, 2016 – provides for the construction of charging stations and requires that 25 percent of state police vehicles must use alternate fuels.
Certain IDOT vehicles are allowed to have red and blue emergency lights, only to be used while responding to emergencies.
The secretary of state is allowed to revoke someone’s driver’s license for operating a watercraft under the influence of alcohol – requires BAC testing If an accident occurs.
Home rule for regulating window tints is pre-empted.
Low-speed and non-highway vehicles are prevented from crossing interstates or toll roads – clarifies that small, non-motor racing boats are not required to have floatation devices.
The secretary of state is allowed to collect a delinquent vehicle dealer transfer fee.
The secretary of state is allowed to cancel the driver’s license of a non-resident or former Illinois resident who has paid off any financial obligations.
The exemption from parking fees for disabled persons applies only to metered street parking or public parking areas and not to public parking structures.
Authorities are allowed to certify people as traffic controller for specific events, giving them the same authority as police officers, firefighters and crossing guards for directing traffic.
A graduated payment schedule is created, based on previous year’s sales for the Car Dealer Recovery Trust Fund fee.
EMS vehicle renewals may be at least every 4 years and require annual inspections.
Definition of automobile service contracts and road hazards are expanded.
Public safety license plates are created to help fund public safety driving and water rescue services.
The issuance of Prince Hall freemasonry license plates, with certain fees for special plates to be deposited into the Master Mason Fund is allowed.H Foundation Committed to a Cure for Cancer special license plates is created.
The retired law enforcement license plates are created as well as a fund created for the money collected from them.
Legion of Merit Aware license plates are created.
Diabetes Awareness license plates are created – fees go to the Diabetes Research Checkoff Fund.
Illinois Police Benevolent and Protective Association license plates are created – fees go to the Illinois Police Benevolent and Protective Association Fund.
National Wild Turkey Federation and Curing Childhood Cancer license plates – fees go to respective funds.
Alzheimer’s Awareness license plates – fees go to the Alzheimer’s Disease and Related Disorders Association.
Nurses license plates are created – fees go to the Illinois Nurses Foundation Fund.
American Red Cross license plates are created – fees go to the American Red Cross Fund.
The sale of devices that steal credit card information is prohibited.
Tanning is not permitted for anyone under the age of 18.
Water utilities with greater than 15,000 customers are required to notify customers of potential bill impacts, previous rate increases, dates of increases, options to install separate water and sewer meters and water conservation tips.
IDFPR is allowed to set fines under the Payday Loan Reform Act and Consumer Installment Loan Act.
The period that certain information must be posted on physician’s public profiles is extended from 5 to 10 years.
Title insurance agents are prohibited from having felony convictions for theft or dishonesty
Insurance providers are required to send claims notices to a different address at a patient’s request if mailing confidential medical information to the policyholder’s address could endanger the patient.
The parent or guardian of a minor or the court-appointed guardian of a person with a disability is allowed to request a freeze on a dependent’s credit report.
The buyer of a pet with an undisclosed illness is allowed to receive a refund, a replacement or reimbursement for reasonable veterinary costs – requires pet shops to report disease outbreaks.
Disclosure of fees for reloadable prepaid cards is required in written or electronic form.
Criminal Law Laws:
Law enforcement is required to record certain information on persons in which a stun gun or taser was used and shall report that data bi-annually.
Additional child pornography fines are to be remitted to the state police – not the treasurer.
Aggravated assault to an attack on an on-duty nurse is extended – makes it a Class 3 felony.
The definition of sexual penetration is expanded, and the offense of “failure to report sexual abuse of a child” is created.
When a court issues a certification of innocence it must also enter an expungment order with the state police.
The state’s attorneys are required to notify victims and their family members of their rights to testify at sentencing hearings.
Default fees are allowed to include court costs.
The penalties for domestic battery increases if the defendant has prior convictions.
Prosecution for certain sex crimes involving minor victims may commence at any time if corroborating physical evidence is available or a mandated reporter failed to report the crime.
Using electronic tracking devices on vehicles without the consent of the owner or a legitimate law enforcement purpose is prohibited.
The penalty for assault is increased if one audio or video records the assault with the intent of disseminating the recording.
“Minors” are persons 17 and under instead of 16 and under for the purposes of delinquency and criminal records.
Child sex slave victims’ names, initials or descriptions are required to be disclosed in court records.
Employers can seek an order of protection to protect an employee.
Possession of each individual item of child pornography counts as a separate violation – allows judicial discretion on sentencing for child pornography involving minors over the age of 13.
A Crimes Against Police Advisory is created whenever a police officer is injured, killed or missing as a tool to locate the suspect or officer.
The penalty for unlawful clouding of title increases.
Second chance probation is allowed under the criminal code for those who are convicted of a drug charge and it is their first offense – this does not apply to violent offenders or crimes of deceptive practice or fraud.
The statute of limitation for residential arson is removed.
Child sex offenders are restricted from loitering within 500 feet of a publicly accessible playground on private property.
The notice of a release of a prisoner that had a felony charge is allowed to be emailed to the state’s attorney, sheriff, etc.
Parents or guardians cannot be sued for eavesdropping on electronic communications of minors in their care.
Convicted criminals are allowed to petition the courts to seal the records of a variety of non-violent crimes.
State’s attorney is removed from the list of parties that can object to a continuance in a case involving a minor.
If someone is arrested for a violent crime, the judge can confiscate their passport if granted bail.
Harsher sentences are created for criminals accused of using electronic communications to create flash mobs.
Law enforcement is required to tape juveniles during interrogations relating to certain violent crimes.
Owning poached or illegally taken animals or parts of animals is prohibited if it is illegal to take the animal in the jurisdiction it was taken from.
The Department of Juvenile Justice is allowed to provide aftercare services offered by the pilot program to paroled juveniles statewide.
Threatening a human service provider is included under the offense of threatening a public official.
It is illegal to wantonly waste or destroy usable meat from game animals.
The penalty is increased for driving on a revoked or suspended license and causing an accident that causes bodily harm.
Child abduction involving luring of a child is added to the list of offenses for which evidence of a prior commission of that offense or other enumerated offenses may be introduced at trial to prove a propensity of the accused.
How probation fees are collected when a case is transferred from one jurisdiction to another is clarified.
Alleged drunken drivers who are in an accident that causes death or injury are required to cover the cost of blood tests up to $500.
A prosecution for the offense of unauthorized video recording may be commenced within one year after the discovery of the offense by the victim of that offense.
A peace officer is allowed to conduct temporary questioning or make an arrest outside of his jurisdiction if the officer becomes aware of the immediate commission of a criminal offense.
The definition of “imprisonment” is amended to include electronic home detention when an offender in the sheriff’s custody is placed in an electronic home detention program – also that placement in electronic home detention may satisfy the minimum term of imprisonment requirements.
Certain criminal prosecution cases for theft and deception are allowed to use video conferencing on foundation testimony.
The criminal penalty is increased for defacing property that memorializes police officers, firefighters, members of the Armed Forces, National Guard or veterans.
Civil Law Laws:
Courts may not use officers to bring a defendant hearing for failure to pay child support.
Parental rights are stripped from fathers when the child is conceived by sexual assault.
A variety of changes are made to the code of civil procedure.
Accused perpetrators are allowed, under the Abused and Neglected Child Reporting Act, to ask DCFS to amend or remove their report if they were found not guilty – provides for hearings and changes the deadline for filing.
Felons who threatened or harmed minors are prohibited from becoming the guardians of disabled people
That statute of limitations for child sexual abuse cases concerning the awarding of damages going forward has been taken out.
How condominium associations can change their governing rules has been specified.
There are certain changes regarding settlements in actions for money damages, specifically requiring a settling defendant to pay all sums due under a settlement agreement within 21 days after the plaintiff returns the executed release.
“Net income” is redefined for the purpose of Public and Private Venture (PPV) Housing.
If the courts determine a child needs to be placed in foster care, it does not constitute a judicial determination on the merits of an administrative appeal.
The definitions of interstate and inter-county adoptions are updated.
Parents in a joint-custody relationship must first offer the other parent the option of temporarily caring for a child before seeking third-party child care.
Any time after the appointment of a temporary custodian, a court may vacate any short-term guardianship for the minor, provided the vacation is consistent with the minor’s best interest.
The definition of an unfit person in the adoption act is changed.
The use of medical marijuana is allowed in the treatment of debilitating medical conditions if certain conditions are met.
The requirement that IDPH give notice of the identity of a child diagnosed with HIV or AIDS to the principal of the school in which the enrolled is repealed.
Incarcerated persons may apply for medical assistance within 30 days of their release.
Written collaborative agreements concerning advanced practice nurses are limited.
Custodian of another person can petition the court to institutionalize the person and allows police officers to take them directly to the institution, instead of a hospital.
The list of impairments that qualify a person as disabled, including mobility limitation resulting from cancer or its treatment, is expanded.
The Illinois State Diabetes Commission is required to report to the General Assembly once every 2 years.
The Illinois’ organ donation law is amended, definitions are updated.
Care providers in a health care facility must wear an ID badge.
The reimbursement for the removal of tattoos received by victims of human trafficking is allowed.
Doctors licensed outside Illinois are allowed to oversee home health care as long as the direct caregivers are licensed in Illinois and the oversight is being transferred to an Illinois doctor within 6 months.
The definitions, referral requirements and educational requirements for occupational therapists and their assistants is changed.
The Department of Public Health is required to start a campaign to inform breast cancer patients about programs available to help with breast reconstruction and prosthesis.
Hospitals are required to create flu and pneumonia immunization policies.
Dentists are allowed to give vaccinations if they meet certain training requirements.
All autopsies are required to determine if epilepsy or a seizure was the cause of death – requires SUDEP to be listed as the cause of death of infants who are suspected to have died from SUDEP.
The Medical Malpractice Act is extended and makes various administrative changes.
A presumption that certain illnesses and conditions arise out of and in the course of employment for EMTs or paramedics that are employed by a private employer is eliminated if the employee spends the preponderance of the time engaged in medical transfers.
“Therapeutic optometrist” is replaced with “optometrist” in an act concerning lab testing.
Those who provide mammography services are required to notify their patients if they have dense breast tissue in an effort to educate women about the issue.
Any care facility that is a chain must submit the same paperwork to Illinois that it submits to the federal government.
It is illegal for schools to ask for or demand a student’s social networking password without cause – it requires parental notification for elementary and secondary school students.
School boards are permitted to designate the first Monday in October each year as “Bring Your Parents to School Day” to promote parental involvement.
The time period school districts (other than the Chicago Public Schools) have to transfer money between specified funds is extended.
Those seeking a Professional Educator License are required to pass a basic skills test after completing an educator preparation program, instead of requiring the test before entering an educator preparation program.
Any public school sex-ed course offered to 7th through 12th graders must cover both abstinence and contraception.
The interaction between a school’s principal and law enforcement agencies involving gang activities is increased.
Teacher and counselor training is extended to include signs of mental illness.
Proof of meningitis vaccination for students is required for students entering 6th and 12th grade.
There are several changes to mandates and evaluations of teachers resulting from SB7.
An open meeting and vote is required before a residential housing co-op can be dissolved.
Human Services Laws:
The Redeploy Illinois Oversight Board is allowed to authorize the Department of Human Services to turn over its responsibilities under Redeploy Illinois to Cook County.
Veterinarians are allowed to dispense drugs in emergency situations.
Public Safety Laws:
Requirements are put in place for lawfully tethering (tying to a post) dogs outdoors.
There is an exemption and rules for used needles to be disposed.
A $50 mandatory minimum fine for littering.
There is a training program in animal fighting awareness and humane response for law enforcement officers – includes nonlethal techniques for subduing dogs.
People at wineries are allowed to seal and take home one bottle of opened wine.
School districts may elect to have cameras on their school buses to track drivers who pass stopped school buses that have their arms extended.
The Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act is extended and changes are made to the licensure process.
Definitions, legislative intent, licensing, and other qualifications for Community Association Managers are changed.
A portion of the Plumbing License Law is extended and the number of licensed plumbers that irrigation contractors have to employ to install a sprinkler system is changed.
IDPFR is prohibited from printing the home addresses on licenses and certificates that business owners are required to display to their customers.
Certain insurance companies are allowed to invest in government-issued bonds.
The definition of “school” for Barbers, Cosmetologists, Esthetics, Hair Braiding and Nail Techs is changed.
Motorcycle manufacturers are prohibited from requiring franchisees to install certain components, buy only that manufacturers’ parts, display manufacturer-made parts specially or change facilities.
Funeral home owners are allowed to have personal contact with consumers while a funeral director is present.
The Department on Aging is required to establish a centralized Adult Protective Services Helpline to report abuses – consolidates investigations of abuse of the elderly and adults with disabilities under Aging.
Any driver with equivalent military commercial vehicle experience qualifies for the skills test waiver for a CDL.
The Department of Public Health is required to recognize applicable military training and experience of EMT applicants – this law also allows 50 percent of time spent as a volunteer EMT toward relicensing requirements and adds continuing education requirements.
Individuals who have won military service awards can waive the Illinois State Police’s college education requirements.
Veterans are eligible for specific veterans courts if they are eligible for probation or depending on the nature of the crime.
Veterans are granted priority registration to state universities.
Individuals who opt into a state or local government’s deferred compensation program are allowed to participate in Roth IRAs and rollover plans.
Revenue and Taxes Laws:
Property owned by the executive board of the Mutual Aid Box Alarm System is exempt from taxation.
There are various changes to how businesses file tax returns with Illinois.
County tax collectors are allowed to collect and assess fees on unpaid taxes that were not collected due to administrative error.
A 5 percent tax on automobile rentals for periods of less than one year with corresponding exemption from sales tax for these vehicles is imposed.
Higher Education Laws:
An exception is added in changing how community colleges form contracts for purchasing perishable food and beverages.
The reporting and record keeping timeframe of prevailing wages for state public works contractors extends to 5 years.
Public bodies must post the Department of Labor prevailing wages no later than July 15 of each year.
Contractors are required to submit certain payroll records to the Department of Labor, including wage information, overtime rates, fringe benefit rates, and the sponsor and administrator of fringe benefit plans.
The imposition of fees to the Department of Labor is provided when an employer is ordered to pay wages, final compensation of wage supplements – provides the amount of the fee to increase based on the amount of unpaid wages.
The Illinois Labor Relations Board shall have the authority, not the obligation, to set compensation levels and establish procedures for suspension or dismissal of mediators selected by state and local panels.
Agriculture and Natural Resources Laws:
Fishermen must acquire sport licenses if they wish to sport fish and the law expands the definition of commercial fishing devices to include watercraft.
Liability rules for landowners who allow people onto their property for a variety of nature and recreation activities is waved as long as they don’t charge a fee.
Municipalities are allowed to require energy providers to disclose the fuel type.
Department of Labor is required to notify employers of violations and penalties for violating the Employee Classification Act, as well as the timeframe to request hearings.
Qualifications, testing, and the application process for certified shorthand reporters or stenographers is updated.
New licensing requirements for real estate auctions are created.
A mobile home park’s licensee or owner is required under certain circumstances to disclose information regarding methamphetamine production to potential mobile home buyers.
Article 4A is amended to provide that it shall continue to apply to remittance transfers that are outside of EFTA coverage.
Electricity is excluded from being classified as tangible personal property for purposes of Illinois’ sales tax.
The Coal Mining Act allows the Office of Mines and Minerals to administer a mine electrician certification program.
An employer is allowed to obtain account information or access an employee’s social networking website if the account is a professional account and the access is necessary for the employer to comply with certain laws.
Joint insurance pools are required to file an opinion by an independent actuary that the pool’s reserves are adequate for the payment of claims with the Director of the Department of Insurance.
Economic Development Laws:
New reporting requirements are established for construction contractors that make payments to entities that are not classified as employees.
Unused money for capital projects must stay in the fund and cannot be used for any other purpose.
17-year-olds are allowed to vote in primary elections if they will be 18 by the following general election.
Environment and Energy Laws:
Electrical aggregation opt-out referendums to unincorporated parts of counties that lack an electrical aggregation ordinance is limited.
The IEPA is required to establish maximum time limits for processing permit applications.
Cigarettes are added to the legal definition of litter.
Electric utilities are allowed to provide market settlement service.
A temporary exemption is granted for a specific landscape and food waste processor from pollution control facility statutes.
The IEPA is required to consider past actions of an asphalt shingle recycling company before issuing permits – prohibits issuing permits in cases where an owner or operator has a history of environmental neglect.
Landfill owners are forbidden from accepting asphalt shingles for disposal when there is a recycling center within 25 miles of the landfill.
The charitable gaming license period is extended to two years and it allows more charitable gaming in the same venue.
Non-gambling video gaming terminals for gambling purposes are prohibited.
Horse racing facilities are required to have at least 2 AEDs accessible on the backstretch while workers are present.
Lobbyists are required to disclose their ultimate employers.
The state budget is required to be published in its entirety on GOMB’s website within 60 days of enactment.
State grant recipients and their employees are prohibited from knowingly using grant funds for political activities or to compensate for time spent on political work.
Local Government Laws:
Hamilton County is allowed to use the tax for emergency ambulance service to pay for 911 services – subject to voter referendum.
The backdoor referendum petition requirements for certain bonding decision downstate is changed.
A sanitary district that missed a deadline is allowed to appoint a trustee.
The Illinois Commerce Commission is required to create and publish a navigable directory of 911 systems and all local emergency response authorities.
Municipalities are allowed to accept documents with an electronic signature.
The corporate authorities of cities and villages must also maintain storm sewers, detention basins and retention basins for drainage purposes.
Any level of local government is allowed to invest in another unit of government’s bonds.
State Government Laws:
The Illinois Police K-9 Memorial Fund is created to allow for the issuance of memorial license plates and allows distribution of the money in the fund to pay for the construction of a police K-9 memorial monument.
The Illinois Insurance Guaranty Fund board of directors is expanded to include two additional public members appointed by the director of insurance.
CDB must update the Illinois accessibility code to incorporate 2010 ADA standards.
The requirements on the Department of Insurance to mail quarterly invoices to companies has been removed.
Whenever a state mental health facility or developmental disabilities center is closed, DHS must transfer funds from the closed facility to the appropriate line item providing funds for the new venue
Common Interest Community Association may not enter into a contract with certain board members.
Flags are required to be flown at half-staff for EMS workers killed in the line of duty.
Doctors are exempt from facility regulations if their practice is in an existing hospital or medical facility.
The budget is required to indicate if there is a surplus, deficit or if it is balanced, based off of estimates – also must include estimate of non-refunded tax overpayments.
The Childhood Cancer Research Board is created – it restricts reimbursement of members for work-related expenses unless funds become available.
The Office of New Americans is created under the governor’s office to assist immigrants and their families.
The Latino Family Commission Act is shifted to DHFS from Pubic Aid – it adds a liaison from Labor and outlines where funding comes from.
The Hispanic Employment Plan Advisory Council is created and requires CMS to consult with it when preparing its State Hispanic Employment Plan.
It is a crime to accept payment for altering a criminal record.
Money in the Fraternal Order of Police Fund is subject to appropriation by the General Assembly and distribution by the secretary of state.
Several measures relating to prostate and testicular cancer are struck from DPH’s annual report.
CMS is required to provide uniform forms to state agencies to report certain workforce characteristics – it requires such data to be made publicly available.
Peace officers are allowed to provide their work address when applying for an ID, driver’s license or instruction permit.
The Capital Development Board Act changing the selection process of works of art for display in public buildings is amended and makes technical changes to the establishment of design-build committees.
A working group is created to develop a plan to make the state budgeting process the most transparent in the nation.
The Department of Revenue is allowed to deny a certificate of registration to any applicant if any owner, partner, manager, etc. is in default on state taxes or fees.
The Chief information officer is required to work with each state agency to develop information systems to accurately report on the management and administration of grant funds.
These are the new laws for Illinois in 2014.