State Senator District 28 - Republican
||105 State Capital
||2580 Foxfield Rd.
||Springfield, IL 62706
||St. Charles, IL 60174
|December 27, 2006
For Immediate Release
Senate Week in Review: New Laws for 2007
SPRINGFIELD – Measures intended to safeguard Illinois residents in their
homes, increase protections for home and land owners in eminent domain cases,
and help state and local law enforcement officials better track and detain sex
offenders, are among the almost 100 new laws that take effect in January,
according to State Senator John J. Millner (R- Carol Stream).
In an effort to reduce the number of people who have fallen ill or died from
carbon monoxide poisoning, beginning January 1, 2007 every home in Illinois must
be equipped with at least one approved and fully operational carbon monoxide
alarm. The alarms must be placed within 15 feet of every room that is used for
The legislation, House Bill 5284, also mandates that it is the responsibility
of the owner of the structure to supply and install all required alarms, and he
or she must also provide the tenants with information regarding alarm testing
and maintenance. However, tenants are responsible for testing and providing
general maintenance on the alarms, such as replacing the batteries, notifying
the owner if there are problems with the alarm that the tenant cannot correct,
and allowing the owner to access the home to correct the deficiencies that are
Landowners will enjoy enhanced protection in eminent domain cases due to a
comprehensive measure that will make the use of eminent domain in Illinois as
open and fair as possible for private homeowners and local governments. Senate
Bill 3086 is intended to set stricter and more transparent guidelines on the use
of eminent domain, and ensure property owners are fairly reimbursed for
relocation costs and, in some cases, legal expenses.
Under the provisions of Senate Bill 3086, municipalities would be required to
prove that land meets certain conditions before it can be seized. The measure
also strikes a regulatory balance between the rights of private landowners and
governmental interests by establishing five different categories of eminent
domain, giving property owners additional rights and the tools to more fairly
resolve disputes, and by placing the burden on a governmental entity to prove a
property is blighted.
The importance of having clear, consistent guidelines for all eminent domain
proceedings became apparent after a United States Supreme Court decision ruled
that local governments could take private property and give it to private
developers if the property seizure is necessary or beneficial to the community.
A number of measures seeking to keep better tabs on Illinois’ registered sex
offenders will go into effect in 2007, enabling law enforcement officials to
more easily locate Illinois’ sex offenders and providing tools for residents to
determine whether they live next to a convicted sex offender.
Senate Bill 3016 seeks to improve public safety by educating the public on
the Sex Offender Database. Until now, sex offenders were required to register
annually, and include their address, date of birth and the offense for which
they were convicted. The new law will require all convicted sex offenders to
also include the county of their conviction, the license plate numbers of any
cars registered to the offender, and all distinguishing marks on his or her
Additionally, under Senate Bill 2985, all sex offenders must submit a blood,
hair, or tissue specimen for the purposes of genetic marker analysis and
categorization. Sex offenders will further be required to register every 180
days, instead of on an annual basis, and the Illinois State Police would have to
make the Sex Offender Database searchable from a five-mile radius of any
person’s address or any school. Illinois schools would also be required to
inform parents of the database during all school registration periods and
Upon the release of a sex offender, Senate Bill 2873 requires the Department
of Corrections to notify the State’s Attorney in the County in which a sex
offender was convicted when that offender is being released, while House Bill
4222 requires individuals accused of a crime that would qualify them as a sexual
predator to wear a electric monitoring device for the duration of their parole.
Additionally, SB 2962 requires the Secretary of State to cancel sex offender’s
driver’s license; a one year license can be approved once the offender has
properly registered on the Sex Offender Registry.
To ensure Illinois’ hospitals’ billing and collection practices are fair and
reasonable lawmakers advanced House Bill 4999. The legislation is intended to
not only promote the prompt and accurate payment of health care services, but is
needed to allow for enforcement by state officials.
Under the legislation, hospitals will be required to post a sign notifying
patients that they may be eligible for financial assistance and provide the
contact information for the hospital financial assistance representative. It
also establishes information that must be contained in any bill a hospital sends
a patient for health care services, establishes a bill inquiry process that
hospitals must implement, and provides conditions that must be met before a
hospital may pursue action against a patient.
As the numbers of consumer fraud and identity theft cases continue to grow,
several new laws taking effect January 1 seek to stymie the impact of these
crimes and protect other consumers from identity theft and fraud.
House Bill 4438 creates the offense of facilitating identity theft, which is
committed when a person knowingly has access to the personal information of
another person and knowingly disposes of that information without taking steps
to destroy the information or render it unintelligible. Senate Bill 2310 will
allow any consumer to place a security freeze on their credit report—not just
those who are victims of identity theft, while House Bill 4179 prohibits
individuals convicted of certain identity theft and sex crimes from legally
changing their name.
Additionally, Senate Bill 2283 states that when information is obtained from
an identification card or a driver’s license during a commercial transaction,
the information can only be used to identify the individual or complete the
transaction. House Bill 4172 makes it unlawful for any person to advertise or
conduct a live musical performance by using a false or misleading affiliation
between the performing group and the recording group.
Finally, in an effort to make rail road grade crossings safer, legislation
co-sponsored by Senate Republicans will go into effect establishing automated
enforcement of railroad crossing violations. Senate Bill 2865 allows for cameras
to be placed at railroad grade crossings; lawmakers hope this will deter
motorists from driving around lowered gates at grade crossings.
The cameras will take a clear photograph of the vehicle, the vehicle operator
and the vehicle license plate, and the photo will display the time, date and
location of the violation. The registered owner of the vehicle will then get a
ticket in the mail, with a notice explaining how the registered owner can pay
the fine or challenge the ticket; if the vehicle owner was not driving the
vehicle, the police would then issue a ticket to the person the owner alleges
was driving the vehicle.
Other bills that become law January 1 include:
- Adoption (SB 2738/Public Act 94-0939) – Allows for a parent to offer a
rebuttal in cases where that parent is found to be unfit which can be overcome
by clear and convincing evidence on those occasions the judgment of unfitness
was based on certain criteria.
- AIDS/HIV Response Fund (SB 1001/Public Act 94-0797): Creates the AIDS/HIV
Response Fund in the state Treasury for programs focusing on AIDS/HIV
prevention and treatment.
- Assault Victims (HB 4606/Public Act 94-0990) – Extends the time in which
the victims of sexual assault must report the offense to law enforcement
authorities from two years to three years after the commission of the offense
in order for the 10-year statute of limitations to apply.
- Autism (HB 4125/Public Act 94-0906) – Provides that a group health benefit
plan shall provide coverage for 20 additional outpatient visits for speech
therapy for treatment of pervasive developmental disorders, in addition to the
speech therapy required by the Illinois Insurance Code.
- Automated Enforcement (SB 2865/Public Act 94-0771): Authorizes the
Illinois Commerce Commission and IDOT to establish an automated enforcement
system at railroad crossings.
- Automated Services (HB 1589/ Public Act 94-0620): Requires all state
agencies to provide the option of speaking with a live operator during normal
working hours, in addition to its automated telephone answering service.
- Board of Higher Ed (SB 2312/ Public Act 94-0905) – Adds an additional
student member to the Board of Higher Education.
- Bond (HB 4649/Public Act 94-0878): Requires people accused of violence
against a family member to appear before a judge for the purpose of setting
- Burn Injury Reporting (HB 5348/Public Act 94-0828): Encourages hospitals
to file an immediate oral report followed by a written report of every burn
injury to local law enforcement in an effort to target local methamphetamine
- Carbon Monoxide (HB 5284/Public Act 94-0741): Requires carbon monoxide
alarms to be installed in all Illinois homes, with limited exceptions.
- Cement mixers (HB 5274/Public Act 94-0926) – Allows a change in the amount
of individual axle weight limits for ready mix (cement) trucks on local roads.
- Charity Protections (HB 4315/Public Act 94-0749): Requires professional
fund raisers to file a statement for every vehicle, boat or motorcycle sold,
collected or resold, and prohibits convicted felons from acting as
- Child care (HB 4135/Public Act 94-0943) – Requires DCFS to verify that a
child welfare service employee meets certain requirements if he or she is
expected to transport a child in a motor vehicle.
- Child’s healthcare (HB 4383/Public Act 94-0923) – Requires reimbursement
to custodial parent from non-custodial part for 50% of the cost of a child’s
heath-care insurance under certain circumstances.
- Child Support (HB 4788/Public Act 94-0971) – Allows DHFS to provide for
the compromise of debt owed to the State in the form of child support
arrearages and interest accrued on child support arrearages assigned to the
State. (SB 1183/Public Act 94-1061) – Provides that a court shall order a
minimum amount of $10 in child support per month in a judgment order
regardless of a non-custodial parent’s net income.
- Class Listings (SB 1086/Public Act 94-0763): Requires IDOT to maintain a
list of all Class I, II, and II designated streets and highways.
- Condominiums (SB 2570/Public Act 94-1049) – Makes certain requirements
regarding the payment of proportionate share of the common expenses for the
unit which would have become due during the six months immediately preceding
the institution of any action to enforce the collection of assessments.
- Construction Zones (SB 2650/Public Act 94-0814): Requires the state to
prove that workers were present in the construction or maintenance zone when a
ticket is issued to a vehicle that allegedly violated construction zone
- Coroner’s inquest (HB 4971/Public Act 94-0924) – Provides that it is
permissible, instead of required, for a county coroner to summon eight persons
to present themselves to serve as jurors for inquests in cases involving
apparent suicide, homicide, accidental death, or other cases, within the
discretion of the coroner, and the coroner shall select six persons to serve
- County Board (SB 2798/Public Act 94-0791): Changes the population
requirements for 12 person County Health Boards, allowing counties of 180,000
or more to have 12 members appointed.
- Counselors (SB 2345/Public Act 94-0765): Clarifies that professional
counselors are licensed, and that they cannot engage in private practice
without a license as a clinical professional counselor.
- Court supervision (SB 1089/Public Act 94-1009) – Imposes a new fee of $25
on traffic offenders who are granted court supervision.
- Dentists (SB 279/Public Act 94-1028) – Extends the repeal date for the
Illinois Dental Practice Act to January 1, 2016.
- Dextromethorphan (HB 4300/Public Act 94-0800): Provides that a drug
product containing dextromethorphan may not be sold, delivered, distributed,
or possessed except in accordance with the prescription requirements.
- Dog Fighting (HB 4711/Public Act 94-0820): Increases the penalties for an
individual who patronizes a dog fight and also increases penalties for a
person who brings a minor to a dog fighting event.
- Driver’s License (SB 2283/Public Act 94-0892): Provides that when
information is obtained from an ID card or driver’s license in the course of a
commercial transaction, that information may be used only for purposes of
identification of the individual or completing the transaction in which the
information was obtained.
- Economic development (SB 2885/Public Act 94-0966) – Authorizes companies
applying to DCEO for certain economic development assistance tax credits to
seek increased or extended tax credits if the company’s proposed project site
is located in an area that capitalizes upon affordable workforce housing or
accessible mass transit.
- Elder abuse (HB 4676/Public Act 94-1064) – Creates an Elder Self-Neglect
Steering Committee to work with the Department on Aging. Adds religious
practitioner to the definition of “mandated reporter” of elder abuse.
- Extended Care (SB 2381/Public Act 94-0766): Creates a pilot program
intended to prevent the unnecessary institutionalization of the elderly, and
keep more senior citizens in their homes and communities.
- False Impersonation (HB 4121/Public Act 94-0755): Provides it is unlawful
for an individual to falsely represent himself or herself as the recipient of
a purple heart, the CMH, a bronze or silver star, or any medal of valor.
- Felon Animals (HB 2946/Public Act 94-0818): Prohibits certain felons from
possessing a dog that is not spayed or neutered.
- Fire Protection Districts (SB 680/Public Act 94-1031) – Adds fire
protection districts to the list of taxing districts that must receive notice
by a property owner who applies to the board of review for exempt status that
would reduce the assessed value by more than $100,000.
- Future Farmers of America (HB 4986/Public Act 94-0855): Requires Future
Farmers’ of America (FFA) to be incorporated into secondary agricultural
education programs if these programs receive state and federal funding.
- Good Samaritans (SB 2968/Public Act 94-0826): Provides Immunity for “first
responders” and “emergency medical technicians” from civil liability for
medical services provided in good faith without fee or compensation.
- Grandparent grant (HB 4406/Public Act 94-0968) – Provides that a person is
entitled to a $1,000 grant if he/she is in the legal custody of his/her
grandparent and receives Public Aid assistance, has graduated from high school
with a cumulative grade point average of at least a 2.7 on a 4.0 scale, and
has been recommended for the grant by the principal of his/her high school.
- Half-way houses (HB 4446/Public Act 94-0946) – Requires the Department of
Corrections to place geographical limitations on half-way houses
- Hate Crimes (HB 4134/Public Act 94-0877): Adds hate crimes to the list of
crimes covered under the Crime Victim Compensation Act, and expands
definitions within the Act so that more individuals who are victims of crime
qualify for compensation.
- Health Care (SB 2308/Public Act 94-0847): Allows residents people who fail
to qualify for medical assistance on the basis of need because of excess
income or assets to establish eligibility for medical assistance by paying the
amount of their monthly spend-down to DHFS by having a third party pay that
amount to the Department on their behalf.
- Identity theft (SB 2456/Public Act 94-1001) – Provides that any person age
61 or older applying at a driver services facility for renewal of his or her
driver’s license shall be provided with a brochure warning of the dangers of
financial identity theft.
- Impersonating officials (SB 2971/Public Act 94-0985) – Amends the offense
of impersonating a public official to include employees of the federal
government, and increases the penalty for impersonating a law enforcement
- Jake Brake (HB 2497/Public Act 94-0756): Allows counties and
municipalities to post signs that prohibit a truck driver from using a braking
system which emits excessive noise, i.e. jake brake.
- Jane Addams Day (HB 5243/Public Act 94-0796): Establishes December 10 as
Jane Addams Day.
- Littering (HB 4451/Public Act 94-1044) – Provides that a person convicted
of violating the Litter Control Act by disposing of litter along a highway
may, in addition to any other penalty, be required to maintain litter control,
for a period of 30 days, over a designated portion of the highway, including
the site where the offense occurred.
- Mandatory Charges (HB 2734/Public Act 94-0874): Mandates that newspapers
charge units of government a rate not in excess of the rate they charge
commercial advertisers for the same space.
- Meat processing (SB 2841/Public Act 94-1052) – Provides that
establishments for custom slaughtering and custom processing shall stamp the
words “NOT FOR SALE-NOT INSPECTED” on all carcasses of animals and immediate
poultry product containers for poultry slaughtered in such establishment and
on all meat products and immediate poultry product containers for poultry
products processed in that establishment.
- Mid-America Medical (SB 848/Public Act 94-1036) – Creates the Mid America
Medical District within the City of East St. Louis for the purposes of
maintaining a medical center and a related technology center in order to
attract, stabilize, and retain hospitals, clinics, research facilities,
educational facilities, or other facilities.
- Military (HB 4729/Public Act 94-0842): Provides that Assistant Adjunct
Generals may not exceed the rank of Major General, and allows the Governor to
appoint additional Assistant Adjunct Generals for the Army and Air.
- Mississippi Council (SB 2360/Public Act 94-0996) – Authorizes the creation
of the Mississippi River Coordinating Council consisting of 13 voting members
to be appointed by the Governor.
- Mortgage Fraud (SB 2349/Public Act 94-0822): Takes steps to prevent
homeowners from becoming victims of mortgage rescue fraud.
- Notarization (HB 4760/Public Act 94-0821): Provides that when a deed,
conveyance, or other instrument of record is executed, all the signatures of
the parties involved must be acknowledged by a notary public.
- Nursing (SB 2372/Public Act 94-0932) – Waives certain license requirements
for foreign educated nursing students if they have a certificate from the
VisaScreen Program. (SB 2238/Public Act 94-0915) – Requires a registered nurse
who is experienced in operating room nursing to be present and function as the
circulating nurse in the operating room during all invasive or operative
- Open Meetings (SB 585/Public Act 94-1058) – Expands the definition of
meetings to be covered under the Open Meetings Act to include meetings by
electronic means, such as IM or other contemporaneous interactive
- Organ donation (HB 5259/Public Act 94-0920) – Allows an organ procurement
agency to implement procedures to preserve a decedent’s body for possible
organ and tissue donation when there’s a suitable candidate for organ
donation, but consent has not been given.
- Pesticide Sales (HB 4462/Public Act 94-0758): Makes it illegal to sell any
pesticide labeled for restricted use over the Internet to any Illinois
resident who is not a certified pesticide applicator.
- Power of Attorney (SB 2676/Public Act 94-0938) - Amends the Illinois Power
of Attorney Act, providing that an agent would now be able to control a Totten
Trust, Payable on Death Account, or comparable trust account arrangements, at
least to the extent of withdrawing income or principal from those accounts
unless the authorization is expressly limited.
- Prisoner health (SB 2967/Public Act 94-0962) – Requires Medicaid to cover
medical expenses exceeding $500 for prisoners who are eligible for Medicaid at
the time the prisoner is detained awaiting trial.
- Quitclaim Deeds (SB 2569/Public Act 94-0823): Mandates that counties
develop a system to administer a system to notify owners in the filing of a
quitclaim deed on their homes.
- Rail Road Officers (SB 2243/Public Act 94-0846): Makes railroad police
officers subject to the same training requirements as all other police
officers, and restricts the authority to employ railroad police officers to
rail carriers that are registered with the Illinois Commerce Commission.
- Recreational vehicles (HB 5506/Public Act 94-0949) – Allows recreational
vehicles that exceed the maximum width law to enter a roadway less than 11
feet in width to get home, to their destination or a facility for food, fuel,
repair, services or rest.
- Re-deploy Illinois (SB 1145/Public Act 94-1032) – Adds a provision to the
“Re-deploy Illinois” program which would allow any county that has a achieved
a 25% decrease in Juvenile commitments in the last three years to negotiate
with the Redeploy Illinois board in setting their target goals in future
- Recycling (SB 1028/Public Act 94-1048) – Provides for a new “recycle,
reclamation or reuse operation permit” from the IEPA. Requires facilities to
use at least 80% of the material for recycling and return it to economic
- Religious Protection (SB 2165/Public Act 94-0729): Prohibits condominium
associations from adopting any rules or regulations that impairs First
Amendment rights, particular religious rights.
- Safe Homes (HB 4715/Public Act 94-1038) – Gives victims of domestic
violence or sexual violence certain rights with respect to their rental
residences, such as new locks or ability to terminate their leases.
- School buildings (HB 5416/Public Act 94-0973) – Requires the ISBE to adopt
rules for the qualifications of persons that perform school building reviews
- Special education (HB 4987/Public Act 94-0948) – Adds school behavior
analysts to the definition of a “professional worker,” which allows school
districts to receive special education reimbursements for these professionals.
- Tax sales (HB 4362/Public Act 94-0922) – Provides that a county collector
may conduct a tax sale by automated means, provided that bidders are required
to personally attend the sale.
- Teacher certification (SB 859/Public Act 94-0991) – Provides that failure
to disclose on an employment application a previous conviction for a sex
offense, or any other offense in another state or against the laws of the
United States that if committed in this State would be punishable as sex
offense is grounds for suspension of a teacher’s certificate. (SB 2202/Public
Act 94-1034) – Provides that the student teaching requirement for an early
childhood certificate may involve supervised work with children younger than 6
or with children in grades K-3 or both.
- Textbook loans (HB 5550/Public Act 94-0927) – provides that certain
bonding requirements do not apply to the loan of textbooks.
- Towing Notices (SB 2233/Public Act 94-0784): Establishes requirements for
private property owners relating to the posting of parking restrictions and
- Tow truck permits (HB 4727/Public Act 94-0895) – Allows the ICC to suspend
or revoke a permit if the tow truck operator or dispatcher has, during the
preceding 5 years, violated the provisions of the Commercial Vehicle Relocator
- Trespassing (SB 2334/Public Act 94-0764): Stipulates that it is unlawful
to intentionally or wantonly allow a dog to hunt on someone else’s land
without first obtaining permission.
- Truck Registration (HB 4728/Public Act 94-0760): Requires private
interstate carriers to register with the Illinois Commerce Commission; private
carriers will now be required to pay a registration fee.
- Visitation rights (HB 4357/Public Act 94-1026) – Permits visitation rights
to grandparents, great-grandparents and siblings of a minor child.
- Wholesale drugs (SB 2909/Public Act 94-0942) – Provides that an applicant
for temporary licensure to sell wholesale drugs must meet the inspection
requirements for regular licensure.
- Wine purchases (SB 946/Public Act 94-1047) – Allows restaurant patrons to
take home open wine from a restaurant if the bottle is properly sealed