More than 250 new laws came into effect in Illinois on January 1, 2019. The following are a few that may impact life locally. A pdf of the new laws is provided below.
Schools
Pre-K Chronic Absence (SB 3536/PA 100-0822): Requires any preschool that receives funding via the Preschool for all programs to collect and review its chronic absence data. Also, determine what systems of support and resources are needed to engage chronically absent students and their families to encourage the habit of daily attendance and promote success. Amends the alternative licensure law so that a qualified equivalent to a principal in a non-school district administered Preschool for All program is allowed to assess and supervise candidates in alternative licensure programs. Also allows teachers seeking their PEL through an alternative licensure program may teacher in Preschool for All classrooms.
Dual Credits (SB 2527/PA 100-0792): Provides that qualified students can do the following: enroll in an unlimited amount of dual credit courses; and earn an unlimited amount of academic credits from dual credit courses so long as the course is taught by an Illinois instructor as provided under the Dual Credit Quality Act.
DCFS Youth Post-Secondary Tuition And Fee Waivers (HB 5122/PA 100-1045): Increases access to post-secondary education for foster youth in care by providing tuition and fee waivers at any community college, university, or college maintained by the State of Illinois for eligible youth include those who are not chosen for the current DCFS scholarship program, those that the Department has court-ordered legal responsibility for, youth who aged out of care at 18 or older, youth formerly under care who have been adopted and were the subject of an adoption assistance agreement, or who have been placed in private guardianship and were the subject of a subsidized guardianship agreement.
Mental Health Awareness (HB 4658/PA 100- 0903): Requires licensed school personnel and administrators who work with students in grades K-12 to be trained, once every two years, to identify the warning signs of mental illness and suicidal behavior in youth and be taught appropriate intervention and referral techniques.
Safety Drills (SB 2350/PA 100-0996): Requires active shooter/threat school safety drills to be conducted within 90 days of the start of the school year. Requires the drills to be conducted on days and times when students are present in the building. Requires participation from all school personnel and students present. Requires law enforcement to observe the drill.
School Bus Safety (SB 2482/PA 100-0791): Allows all buses that meet requirements for school buses may be used to transport children younger than 18. This would allow the stop sign and crossing arm to be used. Currently only licensed youth camps and licensed child care facilities may use safety features.
Child Dental Examination Requirement (HB 4908/PA 100-0829): Requires children in ninth grade to have a dental examination before May 15th of the school year, and is applicable to public, private and parochial schools.
School Board Member Oath (HB 4768/PA 100-1055): Adds numerous requirements to the oath sworn by school board members when taking office.
School Report Card Info (SB 2345/VETO OVERRIDE): Requires the school report card to contain information on whether or not a school has participated in the Illinois Youth Survey.
School Board Vacancy (SB 2900/PA 100-0800): Provides that if a school board has to fill a vacancy due to lack of candidates for election in a congressional township, the school board must put a proposition on the ballot at the next general election to elect school board members at large without requiring residency within certain areas of the district. The bill aims to address situations where no candidates have been coming forward from certain specified areas within a school district by requiring voters to consider the option of removing such residency requirements.
Trustee Electronic Elections (SB 2884/PA 100-0935): Allows that under IMRF, electronic election, using Internet and telephone voting, can be offered for the employee and annuitant trustee elections. Currently, they must be conducted via US Mail. This is more efficient, expedient and less costly.
Free HPV Vaccinations for Uninsured (SB 2866/PA 100-0741): Requires the Department of Public Health to provide free human- papillomavirus (HPV) vaccinations to male children younger than 18 who lack insurance or who are not entitled to receive free-HPV vaccinations from their insurance providers. The change will go into effect on Jan. 1, 2020. It further requires the Department of Public Health to provide all students entering sixth grade–not just female students–and their parents or legal guardians information about the link between HPV and cervical, vulvar, vaginal, penile, anal, and oropharyngeal (throat) cancers and the availability of vaccinations.
Concussion Information (HB 4226/PA 100- 0747): Requires the Department of Public Health to develop, publish and disseminate a brochure to educate the public on the effects of concussions in children and how to look for warning signs. Requires schools to provide the brochure free of charge to parents/guardians of children who may have sustained a concussion regardless of where the concussion may have taken place. Provides that the State Board shall (as opposed to may) adopt rules to administer concussion oversight teams, including rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.
Stage 4 Cancer Drugs (HB 4821/PA 100-1057): Prohibits insurers from limiting or excluding coverage for a drug used to treat stage 4, metastatic cancer by requiring an insured to first try to successfully respond to another drug or prove history of failure to the drug.
Local Governments
Open Meeting Act Exemptions (HB 5136/PA 100-0768): Provides certain exemptions for the Open Meetings Act for certain situations, including joint committees on matters related to school district’s performance evaluation rating system, negotiating team strategies, etc.
Local Government Electronic Notification (HB 4822/PA 100-0856): Allows a unit of local government to establish a process to allow people to select an electronic notification delivery system, such as email or other electronic means, for governmental mailings that are being sent by United States mail. This works toward a framework that would save local governments money, and also hopefully increase public awareness and participation in government and programs.
Mahomet Aquifer (HB 4746/PA 100-0896): Requires gas storage operators located above the Mahomet Aquifer to notify residents and businesses in the event of a natural gas leak into the aquifer. Also requires DNR to conduct annual inspections at these facilitates to ensure there are no existing issues that could impact the aquifer.
Cars
Rear-Facing Car Seat (HB 4377/PA 100-0672): Requires children under the age of two to be secured in a rear-facing child-restraint system. Children weighing more than 40 pounds or taller than 40 inches are exempted.
Back-Up Vehicular Lights (SB 2511/PA 100- 0707): Provides that a back-up lamp equipped on a motor vehicle must emit a white or amber light without glare.
Pets
Animal Protection (SB 2270/PA 100-0740): Provides that nothing prevents a law enforcement officer from taking temporary custody of an animal that is being put in danger due to extreme heat or cold conditions; however, the officer must attempt to make contact with owner. Also, the owner is responsible of the cost required for veterinary care.
Reckless Dog Owner Penalties (SB 2386/PA 100-0971): Sets penalties for those found to be reckless dog owners and allows courts confiscate dogs from those owners for periods ranging from 12 to 36 months for the first violation. Sets fines for each animal found in their care they refuse to relinquish.
Cat/Dog Breeder Classification (HB 5029/PA 100-0842): Provides that those persons who have in their possession five female cats or dogs capable of reproduction will be classified as a dog breeder or cat breeder, rather than a kennel operator. This is an attempt to clarify the definitions to reflect current industry practices and reduce confusion for both licensees and consumers, as these facilities are currently grouped together despite being distinctly different types of operations.
Firearms
72-hour Waiting Period (SB 3256/PA 100-0606):Creates a 72-hour waiting period on all firearms, not just handguns. The bill also eliminates the current exemption from the waiting period requirements for the sale of a firearm to a nonresident of Illinois while at a recognized gun show. The bill retains the current 24 hour withholding period for stun guns and Tasers. A violation of this provision would be a Class 4 felony. The bill alsoeliminates the current statutory exemption from the waiting period requirements for the sale of a firearm to a nonresident of Illinois while at an official gun show recognized by the State Police.
Firearms Restraining Order (HB 2354/PA 100- 0607): Allows family members or law enforcement to petition the court for an ex parte order alleging the respondent poses significant danger of causing personal injury to himself/herself or another by having in his/her custody or control, owning, purchasing, possessing or receiving a firearm. The court may issue this order without notice to the respondent but a hearing must be held as soon as possible not to exceed 14 days. Allows for two types of orders: ex-parte/emergency (probable cause) and six-month orders (clear and convincing). Allows the court to issue search warrants (even in cases where the petitioner is a family member) to law enforcement to seize the weapons if there is probable cause to believe the respondent possesses weapons.
Substances
Emergency Opioid and Addition Treatment Access (SB 682/PA 100-1023): Specifies that insurance companies/MCOs cannot require prior notification of specified inpatient and outpatient substance-use-disorder treatment. It establishes procedures for insurance companies to terminate coverage of substance-use-disorder treatment. It provides for discharge notifications to be provided to insurance companies.
Synthetic Cannabis, Bath Salts, and Piperazines (SB 2341/PA 100-0789): Makes it so that synthetic cannabinoids and piperazines are Schedule I controlled substances when they are not approved by the United States Food and Drug Administration (FDA); or, if approved, are not dispensed or possessed in accordance with State or federal law. Includes any synthetic cathinone which is not approved by the FDA; or, if approved, is not dispensed or possessed in accordance with State or federal law in the list of specified synthetic cathinones that are Schedule I controlled substances.
Human Trafficking
Human Trafficking Notice Requirements (HB 4340/PA 100-0671): Adds the following to the list of establishments required to post notice under the Human Trafficking Resource Center Notice Act: massage establishments; public gatherings and special events conducted on property open to the public that require the issuance of a permit from the unit of local government; public and private elementary and secondary schools; and establishments registered under the Tattoo and Body Piercing Establishment Registration Act. Provides that a business or establishment that fails to comply with the Act is guilty of a petty offense, and subject to a fine of up to $500 for each violation (instead of liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense).
Hunting
Blaze Pink (HB 4231/PA 100-0949): Provides that hunters may wear blaze pink during firearm deer season and upland game season.
Child Abuse Reports
Child Abuse Reports (SB 293/PA 100-0697): Requires DCFS to keep all unfounded reports of child abuse or neglect in its central register for a minimum of five years (currently three years). Seeks to provide DCFS investigators more information so they may better recognize patterns of abuse or neglect.
Law Enforcement
Officer-Involved Shooting Policies (SB 2378/PA 100-0970): Requires all law enforcement agencies to adopt a written policy for the internal review of officer-involved shootings. Each written policy shall be available for copying and inspection under the Freedom of Information Act.
Stalking (SB 3411/PA 100-1000): Provides that stalking behavior includes sending unwanted messages via social media. Expands who may bring a petition under the Act to include an authorized agent of a workplace; an authorized agent of a place of worship; and an authorized agent of a school.
Corrections Visitation Policy (HB 4741/PA 100- 0677): Entitles inmates to seven visits per month and permits inmates to supply the Illinois Department of Corrections with a list of 30 persons that are authorized to visit. The required list of authorized visitors is to be available beginning August 2019 in electronic format.
Booking Photograph Limitation (SB 2560/PA100-0927): Limits the publishing of booking photographs, “mugshots,” on social media with respect to civil offenses and offenses less than a Class A misdemeanor, unless the photo has been posted in order to assist in the search of a missing person or fugitive, person of interest, or in relation to a more serious crime. Also provides for the correction of errors by entities that publish criminal record information for Profit.
Name Change Notice for Abuse Victims (SB 2330/PA 100-0788): Allows victims of domestic violence to waive the publication requirement when filing a name change petition in order to keep victims’ addresses private from abusers. Currently, they are required to publish notice of the name change, meaning abusers can learn the victim’s new name and use that information to continue the abuse.
Jury Duty
Nursing Mom Jury Duty (HB 5745/PA 100- 0696): Exempts nursing mothers from jury service.
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