Over 300 New Laws Took Effect On January 1, 2022: Part 3
FAFSA Application For Youth In Care (Public Act 102-70, Senate Bill 63): Under this new law, DCFS is required to assist every youth in care who is entering their final year of high school complete a Free Application for Federal Student Aid or an application for state financial aid and requires DCFS to assist in identifying and obtaining all necessary documents for completion.
Adult Guardianship Updates (Public Act 102-72, Senate Bill 80): This law makes various needed updates to the Probate Act of 1975 regarding guardians for adults with disabilities concerning: a 60-day extension for temporary guardians, co-guardianship, fees, and succession. It also requires agents with a power of attorney who are seeking guardianship to delineate the specific new powers to be granted.
Competitive Bidding For Fire Protection Districts (Public Act 102-138, Senate Bill 85): This new law closes a loophole to prevent Fire Protection Districts from bypassing the requirement for competitive bidding for expenditures above $20,000 when engaging in a lease or lease to own agreement for new real estate and building projects.
Practice Authority For Advance Practice Nurses (Public Act 102-75, Senate Bill 105): This law amends the Nurse Practice Act to allow an employer, in addition to a doctor, to attest to the completion of clinical experience for Advance Practice Registered Nurses to obtain full practice authority.
Streamling Adoption Process (Public Act 102-139, Senate Bill 107): To streamline the adoption process and make it easier for adults wishing to be adopted by a former stepparent, this law removes the joint petition requirement for biological or former stepparents who get remarried so that the rights of the other parent are not terminated. The bill also eliminates the residency requirement to make the process similar to the process for re-adoption.
Surrogate Decisions For Life-Sustaining Treatment (Public Act 102-140, Senate Bill 109): This law recognizes a uniform Practitioner Orders for Life-Sustaining Treatment (POLST) form to make it easier for an authorized decision maker under the Health Care Surrogate Act to revoke a POLST form and reduce barriers for surrogates to allow for non-resuscitation of serious medical conditions.
Corporate Statute Cleanup (Public Act 102-282, Senate Bill 116): This law updates various statutes to require corporations in the State to hold shareholder meetings at the corporation’s principal (rather than registered) office, add requirements for special meetings, and require annual renewal reports and certificate of existence requests in real time to improve electronic filing and forego the expedited service fee. The bill will also allow remote shareholder meetings, voting and other records to be kept electronically, reports of interim changes, and certain types of reorganization.
Hayli’s Law (Public Act 102-78, Senate Bill 119): To ensure children may have a lemonade stand, this new law prevents state or local authorities from regulating children under the age of 16 selling lemonade or similar drinks at a stand.
Allows Emts To Complete Osha Questionnaire On Behalf Of Fire Personnel (Public Act 102-79, Senate Bill 121):Nothing in the Emergency Medical Services (EMS) Systems Act shall be construed to prohibit an EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an initial Occupational Safety and Health Administration Respirator Medical Evaluation Questionnaire on behalf of fire service personnel, as permitted by his or her EMS System Medical Director.
Local Journalism Task Force (Public Act 102-569, Senate Bill 134): The Local Journalism Task Force is created to study communities underserved by local journalism, review all aspects of journalism, and report its findings and recommendations of legislation to the Governor and General Assembly.
Nongendered Marriage Certificate (Public Act 102-171, Senate Bill 139): This law allows county clerks to issue nongendered marriage licenses without gender identifying language.
Medicare Open Enrollment (Public Act 102-142, Senate Bill 147): The minimum standards for Medicare supplement policies are updated by requiring an annual open enrollment for those between the ages of 65 and 75 every year on their birthday to allow the individual to change coverage levels with the same provider. It requires the period to be open for 45 days and prohibits policy denials or adverse pricing based on health status, claims experience, receipt of health care, or a medical condition during the enrollment period. Policyholders must be notified of the open period at policy application.
Pets Allowed In Affordable Housing (Public Act 102-283, Senate Bill 154): Any affordable housing over 500 square feet built or rehabbed with money from the Illinois Affordable Housing Trust Fund must allow families the right to keep at least two cats or one dog under 50 pounds to prevent animals from needing to be surrendered to shelters or abandoned.
Health Insurance Coverage For Children (Public Act 102-87, Senate Bill 258): The purpose of the law is to ensure that children whose parents are divorced or never married have public or private health insurance when child support is determined, by requiring the parents to obtain health insurance or maintain existing health insurance coverage for the child.
Temporary Child Relocation (Public Act 102-143, Senate Bill 259): This law allows the court, in family law matters, to temporarily allow children to relocate with one parent while the court proceedings are in motion. It also ensures that such a decision cannot be used to prejudice either parent in the final determination of parental responsibilities allocation.
Licensing Of Dental Anesthesiologists (Public Act 102-93, Senate Bill 335): The Dental Practice Act is updated to add dental anesthesiology to the definition of branches of dentistry. The new law also specifies which exams a person must pass before submitting their application for a license to practice dentistry to IDFPR.
School-Based Preventative Dental Care For Youth (Public Act 102-95, Senate Bill 346): This initiative requires HFS to administer and regulate a school-based dental program that allows dentists to provide out-of-office delivery of preventative dental services in a school setting to children under 19 years of age. In developing rules, HFS will consider the geographic differences of both urban and rural areas of the state for initial treatment and necessary follow-up care for youth.
Strengthening Accountability & Diversity In The Management Of Public Pension Funds (Public Act 102-97, Senate Bill 460): This new law ensures transparency and accountability in the management of public pensions by requiring the board of trustees of all pension funds and retirement systems to award all contracts for investment services using a competitive process that mirrors those required for professional and artistic services under the Procurement Code. The relevant pension board may also select an emerging investment manager based upon the written recommendation of an investment advisor. According to state law, “emerging investment manager” means a qualified investment adviser which manages investment portfolios of at least $10 million and is minority-owned, women-owned, or owned by a person with a disability.
Improving Access To Mental Health & Substance Abuse Treatment (Public Act 102-144, Senate Bill 471): In an effort to provide better access to treatment services for Illinois residents near where they live, this initiative places standards into law that patients will not have to travel longer than 60 minutes or 60 miles from their residence to receive inpatient or residential treatment for mental, emotional, nervous, or substance use disorders or conditions if insured by an individual health insurance plan that is part of a network or a Medicaid Managed Care Organization (MCO). Under federal law, states must impose time and distance standards for health care treatment providers in MCO networks to ensure access.
Insurance Coverage For Temporomandibular Joint Disorder (Public Act 102-30, Senate Bill 499): Updates existing law by requiring insurance providers to offer additional coverage for treatment of temporomandibular joint disorder, which is characterized by pain and compromised movement of the jaw joint and the surrounding muscles. According to the Mayo Clinic, there are more than 3 million cases per year of temporomandibular joint disorder in the United States.
Prohibting Discrimination In Organ Transplants (Public Act 102-147, Senate Bill 500): When making decisions about organ transplants, a hospital, physician, surgeon, procurement organization or person shall not; deny a transplant or related services solely on the basis of an individual’s mental or physical disability if that individual has the necessary support system to assist in complying with post-transplant medical requirements; or consider the individual’s inability to independently comply with post-transplant medical requirements to be medically significant. A covered entity shall comply with requirements of the Americans with Disabilities Act of 1990 in making reasonable modifications to its policies or procedures in response to a request from an individual with disabilities regarding access to transplantation-related services.
Preventing Youth Vaping Act (Public Act 102-575, Senate Bill 512): The Preventing Youth Vaping Act establishes standards for packaging and advertising of electronic cigarettes. It prohibits specified additivities, including vitamin E acetate and adds “electronic cigarettes” to the definition of tobacco products in state law. This initiative was passed to curb potential health issues caused by young people using electronic cigarettes.
Public Utility/Water Systems (Public Act 102-149, Senate Bill 515): The minimum water customer connection threshold for a “large public utility” is lowered from 30,000 customers to 15,000 customers under the Water Systems Viability Act. This initiative was passed to give Utility Services Inc. of Illinois the ability to utilize the alternative acquisition procedure available to larger public water utilities such as Illinois American Water and Aqua Illinois. A “large public utility” is now defined as an investor-owned public utility that is subject to regulation by the ICC and regularly provides water or sewer service to more than 15,000 customer connections.
Ethics Reform Omnibus (Public Act 102-664, Senate Bill 539): This legislation strengthens requirements for Statement of Economic Interests, imposes 6-month revolving door prohibitions for legislators and Executive branch officers (starting with the 103rd General Assembly for legislators), bans political fundraising in Sangamon County on a session day and the day before session, and prohibits legislators from lobbying for compensation at the local level. It extends lobbyist registration requirements for lobbying at the local level and grants the Legislative Inspector General the ability to initiate investigations without prior approval from the Legislative Ethics Commission.
New Annual Training Requirements For Private Detectives, Security Employees (Public Act 102-152, Senate Bill 548): Private detectives and security employees will be required to undergo annual training to maintain the skills necessary to ensure public safety. This new law requires eight hours of yearly private detective training and four hours of annual training for private security contractors. It also increases the firearms-specific training requirement for a firearms control card from 20 to 28 hours to allow for eight hours specifically for firing practice, where card holders must attain 70% firing accuracy. It lowers the threshold before a commercial or industrial operation must register their security forces from five employees to one.
E-Cigarette Retailer Compliance Checks (Public Act 102-576, Senate Bill 555): This new law expands state law for compliance checks to include vape shops and codifies an ongoing DHS program to conduct investigations of retailers that sell tobacco products, electronic nicotine products, alternative nicotine products or e-cigarettes to ensure that retailers do not sell tobacco products and e-cigarettes to residents under the age of 21. Allows the State Police to perform sting operations by an underage individual under the supervision of ISP. The compliance checks apply to all retailers that sell e-cigarettes.
Muhammad Ali Day (Public Act 102-411, Senate Bill 564): In addition to making January 17 (the birthday of Muhammad Ali) a commemorative date in the School Code, this new law requires that the teaching of history of the United States include the contributions made to society by Americans of different faith practices, including, but not limited to, Muslim Americans, Jewish Americans, Christian Americans, Hindu Americans, Sikh Americans, Buddhist Americans, and any other collective community of faith that has shaped America.
Telehealth/Optometry (Public Act 102-153, Senate Bill 567): The act establishes regulations and guidelines for the use of telehealth in optometry. An optometrist practicing through telehealth is subject to the same standard of care and practice standards that are applicable to optometric services provided in a clinic or office setting. Requires the optometrist to have established a provider-patient relationship with the patient prior to the delivery of telehealth services.
Updates To Secretary Of State Vehicle Services Guidelines (Public Act 102-154, Senate Bill 573): The Secretary of State Vehicle Services Department Omnibus Bill made the following changes:
•Defines “uniform invoice” as a form created by the Secretary of State for the purpose of transporting vehicles and essential parts that does not convey or transfer ownership rights of a vehicle from one entity to another.
•Allows the Vehicles Services Division of the SOS to use commercially available title tracking software to determine title designation for the issuance of title.
•Requires that any licensee under Chapter 5 of the Vehicle Code who sells, transfers, or wholesales a vehicle out of State must mail the certificate of title to the physical business address in the requisite jurisdiction in lieu of transferring title at the time of sale.
•Gives the SOS the ability to remove a franchise affiliate’s lien so that the franchise affiliate may pursue the balance of the lien with the defunct dealership instead of the constituent. This item applies if a franchise dealer neglects to pay off a trade-in vehicle’s lien, and that lien is held by the franchise affiliate.
•Changes the 30-day permit to a 90-day permit, which will be provided for a fee of $13.
•Includes an electric vehicle as a vehicle type that can obtain vanity plates or personalized plates.
•Removes transfer fees on all military plates.
•Requires that an “established places of business” for a dealership must have at least five parking spots outdoors or at least room to park one vehicle indoors in a showroom.
•Delays the implementation of the electronic title and lien system to July 1, 2022.
Adding Human Trafficking Victims To The Address Confidentiality Act (Public Act 102-292, Senate Bill 593): The Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act is expanded to add the same protections for victims of human trafficking. Those who qualify for the address confidentiality program may register to vote by submitting an Illinois Address Confidentiality Program Voter Registration Application, and their address will not be included in any list of registered voters available to the public, nor will their address or phone be subject to release through the Freedom of Information Act.
Filing Notice Of Mortgage Foreclosure Actions (Public Act 102-156, Senate Bill 595): In mortgage foreclosure actions, the plaintiff, or his or her attorney (rather than the clerk of the court) shall send a copy of the publication to each defendant. The certificate of the plaintiff (rather than the clerk of the court) is evidence that the plaintiff sent a copy of the publication to each defendant. A copy of the certificate shall be filed at the office of the clerk of the court where the action is pending. This was recommended by the Illinois Association of Court Clerks to ensure that the filings are done more efficiently and with greater likelihood meeting deadlines.
Adding Incidents Of Violence To The ISBE School Report Cards (Public Act 102-294, Senate Bill 633): ISBE’s school report card must include data on the number of incidents of violence that occurred on school grounds or during school-related activities and that resulted in an out-of-school suspension, expulsion, or removal to an alternative setting.
Offering Unit Owners More Control Over Their Condominium Boards (Public Act 102-162, Senate Bill 636): Designed to offer owners of condominiums more control over their board of managers, this new law provides that a majority of a condominium board of managers, or a lesser number specified in a specific declaration, must be comprised of unit owners occupying their unit as their primary residence. The condominium instruments may not require that more than a majority of the board shall be comprised of unit owners who occupy their unit as their principal residence.
Prohibiting Construction Contracts With Non-Market Economy Countries (Public Act 102-163, Senate Bill 640): Procurement contracts for the construction, alteration, operation, repair, maintenance, or improvement of any mass transit facility in excess of $1,000,000 may not be awarded to any vendor that receives support from a nonmarket economy country, as defined under federal law. Currently, the following countries are so defined: Armenia, Azerbaijan, Belarus, People’s Republic of China, Georgia, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and Vietnam. The purpose of this law is to prevent funding companies that use child labor and pose a security risk due to control by their country.
Creating A New School Social Work Professional Educator License Scholarship (Public Act 102-621, Senate Bill 661): Subject to appropriation, ISAC will award annually up to 250 scholarships for those already holding a master’s degree to take courses required to obtain a Professional Educator License with an endorsement in School Social Work. The awardee, within one year of graduation, must begin working at a non-profit preschool, elementary or secondary school in Illinois for a period of two of the five years. If work terms are not met, the awardee must repay the scholarship monies. In awarding scholarships, ISAC will give priority to racial minorities.
Amending “Not To Compete Covenants” (Public Act 102-358, Senate Bill 672): This new law makes a number of changes to Illinois’ Freedom to Work Act in regards to “not to compete covenants.” Included among them are annualized earnings-based restrictions on the covenant’s applicability. Such covenants are void when applied to any employee who an employer terminates, furloughs, or lays off as the result of business circumstances or governmental orders related to the COVID-19 pandemic, or under similar circumstances, unless appropriate compensation is included. They are also voided for individuals covered by a collective bargaining agreement under the Public Labor Relations Act or the Educational Labor Relations Act.
Expanding Protections For Older Adults And The Disabled (Public Act 102-244, Senate Bill 701): The Adult Protective Services Act is expanded to include reports of abandonment. The Department on Aging must offer, subject to appropriations, an annual trauma-informed training program that includes instruction on how trauma impacts caseworkers and other employees who respond to adult abuse, neglect, exploitation, or abandonment. It also requires the Department to develop and implement a demonstration project using a risk assessment tool to help identify elderly persons who may be experiencing elder abuse or neglect. Further, the Criminal Code of 2012 is amended to expand the time frame in which investigation of theft by deception of a victim age 60 or older or a person with a disability may be commenced to up to seven years of the last act being committed, and, with regard to crimes against the elderly or disabled, expands the definition of “person who stands in a position of trust and confidence” to include a friend or acquaintance.
Tracking School Support Personnel Data (Public Act 102-302, Senate Bill 812): ISBE must make available on its website by December 1, 2023, and annually thereafter the total number of personnel with a school support personnel endorsement, and the pupil-to-school support personnel ratio for each individual Illinois school district. School districts must report the information to ISBE no later than December 1, 2022, and annually thereafter. This will help school districts and the state track school support personnel data to understand if statutory ratios are being achieved and to determine where the largest shortages are and in what support field.
Prohibiting School Dress Codes From Disallowing Ethnic Hairstyles (Public Act 102-360, Senate Bill 817): Named the Jett Hawkins Law, this measure prohibits public and non-public elementary and secondary schools from having school uniform policies that prohibit hairstyles historically associated with race, ethnicity or hair texture. Schools would be subject to losing recognition through the State Board of Education if they have such a policy.
Updating The IDNR Portfolio (Public Act 102-246, Senate Bill 915): This act designates Channahon State Park in Will County as a State Park and designates other areas as State Fish and Wildlife Areas and Game Propagation Centers, rather than as Conservation Areas. The legislation also names additional State Natural Areas, Recreational Areas, Habitat Areas, and State Boating Access Areas. It also names additional State Historic Sites and State Memorials, while deleting references to certain State Historic Sites, State Memorials, and Miscellaneous Properties. The intent is to update the State Parks Designation Act with 15-20 years’ worth of additions to the portfolio of properties overseen by IDNR.
Increasing Diversity On The Broadband Advisory Council (Public Act 102-247, Senate Bill 919): To increase diversity on the Broadband Advisory Council, this legislation adds four new members to be appointed by the Governor. These new members shall serve for three-year terms and consist a member each from a community-based organization representing the interests of African-American or Black individuals, Hispanic or Latino individuals, Asian-American or Pacific Islander individuals, and ethnically diverse individuals.
Requiring Coverage For Pancreatic Cancer Screenings (Public Act 102-306, Senate Bill 968): An insurer or managed care plan must provide coverage for medically necessary pancreatic cancer screening. This applies to the State Employees Group Insurance Act, Counties Code, Municipal Code, School Code, Health Maintenance Organization Act, Limited Health Service Organization Act, Voluntary Health Services Plans Act, and the Public Aid Code.
Updating Required Training For “Dry Needling” (Public Act 102-308, Senate Bill 1078): An athletic trainer, occupational therapist or occupational therapy assistant, or a physical therapist or physical therapist assistant may only perform dry needling after completion of the requirements as determined by IDFPR. “Dry needling”, also known as intramuscular therapy, is a technique limited to the treatment of myofascial pain, using a single use, single insertion, sterile filiform needle. A physical therapist providing services to a patient who has been diagnosed by a health care professional with a chronic disease must communicate at least monthly with the patient’s treating health care professional.
Increasing Consumer Protection For College Seekers (Public Act 102-571, Senate Bill 1085): The Educational Planning Services Consumer Protection Act protects consumers who enter into agreements with educational planning service providers, and regulates educational planning service providers. It sets forth prohibitions and requirements for these providers, and makes it unlawful for any person or entity to act as an educational planning service provider except as authorized by the Act. It also contains provision concerning required disclosures, the cancellation of a contract and refunds, noncompliance, and civil remedies.
Non-Highway Vehicle Regulations (Public Act 102-312, Senate Bill 1231): The weight limit for recreational off-highway vehicles that are electric powered is increased to 3,000 pounds (previously 2,000) and a new classification is created for “large non-highway vehicle” defined as any motorized off-highway device greater than 64 inches and not more than 75 inches in width, having a weight of 3,500 pounds or less, traveling on four or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers. Large non-highway vehicles are not allowed on recreational trails, but electric powered recreational off-highway vehicles of less than 3,000 lbs. are permitted on recreational trails.
