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2016 Illinois laws focus on family and animals

Despite differences over Illinois budget, Illinois lawmakers and Governor Bruce Rauner did come to terms on 237 new laws, many, of which, will go into effect on January 1, 2016.

The complete list can be found here.

State Pie
Illinois State Pie: HB0208 Designates pumpkin pie as the official State pie

Schools
Carbon Monoxide Detectors at Schools: HB0152 Provides that a school board shall require that each school building in the district be equipped with approved carbon monoxide alarms in accordance with the rules of the State Fire Marshal.

School Suspension Guidelines: SB0100  Makes changes concerning student discipline policies and the parent-teacher advisory committee; the creation of memoranda of understanding with local law enforcement agencies that clearly define law enforcement’s role in schools; what a written expulsion or suspension decision must include; the use of school exclusions by school officials; a prohibition on zero-tolerance policies; when out-of-school suspensions of 3 days or less may be used; when out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools may be used; the provision of appropriate and available support services; the re-engagement of students; the opportunity for a student to make up work; professional development on the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, and developmentally appropriate disciplinary methods that promote positive and healthy school climates; a prohibition on school officials advising or encouraging students to drop out voluntarily due to behavioral or academic difficulties; and a prohibition on issuing a monetary fine or fee as a disciplinary consequence. Effective September 15, 2016.

Hunting
Bobcat Hunting: HB0352 legalizes bobcat hunting between November 1 and February 15. In 2000, bobcats were removed from the Illinois Threatened Species Act.

Youth Hunting: HB 3234 changes the age requirement for a youth hunting license from 16 and under to 19 and under (or until the youth wants to hunt by himself or herself)

Environment and Energy
Mahomet Aquifer: HB1326  Prohibits the disposal of (1) Manufactured Gas Plant waste in specified levels and (2) Polychlorinated Biphenyl waste in any landfill whose runoff goes into the Mahomet Aquifer.

Health
Terminal Patients HB 1335 Allows people dying from illinois to try experimental treatments

Hydrocodone Dispensers HB3219 implements a pilot project requiring that every new or refilled prescription for a Schedule II controlled substance containing hydrocodone shall only be dispensed in a non-reusable medicine locking closure package.

Transportation
Aggravated speeding HB1453 Creates aggravated speeding offenses for speeding 26 or more mph in excess of the posted speed in a construction, maintenance or school zone

Family
Missing Persons Report HB4097 Prohibits law enforcement agencies from refusing to accept missing person reports based on a person’s mental state or medical condition (e.g. Alzheimer’s)

Breastfeeding in AirportsSB0344 Requires the airport manager of an airport operated by a city, county, city and county, or airport district that conducts commercial operations and that has more than 1,000,000 enplanements a year shall provide a room or other location at each airport terminal behind the airport security screening area for members of the public to express breast milk in private that: (1) includes, at a minimum, a chair and an electrical outlet; and (2) is located outside of the confines of a public restroom.

Gay Conversion Therapy Ban HB0217  Provides that no mental health provider shall engage in sexual orientation change efforts with a person under the age of 18. Provides that a mental health provider shall not refer a client or patient to any individual for the purpose of sexual orientation change efforts. Further provides that any sexual orientation change effort attempted on a person under the age of 18 or any referral made by a mental health provider shall be considered unprofessional conduct and shall be subject to discipline by the licensing entity or disciplinary review board with competent jurisdiction.

Powered caffeine to minors SB0009 Prohibits any person from selling, offering to sell, giving away, or providing free samples of powdered pure caffeine to any person under age 18 located in the State or to any person under age 18 making the purchase from within the State.

Underage drinkers seeking assistance HB1336 Provides that a person is immune from criminal liability for certain violations of the Act, and a law enforcement officer may not charge or otherwise take a person into custody for those violations, if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that: (1) the law enforcement officer has contact with that person because the person requested medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; (2) the person provided his or her full name and any other relevant information to the law enforcement officer; (3) the person remained at the scene with the individual needing medical assistance until emergency medical assistance personnel arrived; and (4) the person cooperated with emergency medical assistance personnel and law enforcement officers at the scene.

Video surveillance in nursing homes HB2462 Provides that, subject to certain conditions, a resident of a facility licensed under the ID/DD Community Care Act or the Nursing Home Care Act shall be permitted to use an audio or video surveillance system in his or her room at his or her expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room.

Athlete Concussions SB0007 Sets forth provisions concerning the prevention, treatment, and oversight of concussions affecting student athletes instead. Requires the governing body of each school district and charter school with students enrolled who participate in an interscholastic athletic activity to appoint or approve a concussion oversight team. Requires each concussion oversight team to establish a return-to-play protocol for a student’s return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion.

Animal Cruelty
Animal Cruelty in presence of minor HB3231 Provides that no person may knowingly beat, cruelly treat, torment, starve, overwork, or otherwise abuse any companion animal in the presence of a minor. Provides that any person convicted of this violation shall be subject to a fine of $250 and ordered to perform community service for not less than 200 hours, if community service is available in the jurisdiction, in addition to any other authorized penalties

Shelter requirements HB4029 requires shelters to scan for microchips and use other methods of indentifaction within 24 hours of takin in an animal; makes other changes to promote animal welfare

Leaving animals in heat and cold SB125 Provides that no owner of a dog or cat may expose the dog or cat in a manner that places the dog or cat in a life-threatening situation for a prolonged period of time in extreme heat or cold conditions. Provides that the a violation of this provision is a Class A misdemeanor.

Criminal Law

Falsely calling 911 HB3988 requires people who intentionally falsely call 911 to reimburse the local government for all costs (up to $10,000)

Police Officer behavior SB1304/PA 99-0352

 

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