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Over 300 New Laws Took Effect On January 1, 2022: Part 3

IDOT-Aeronautics Funding For Hangars & Buildings (Public Act 102-303, Senate Bill 1232): Use of IDOT’s Division of Aeronautics funds for construction costs can only contribute for the development of public-use aeronautical facilities. Financial assistance for construction costs directly related to projects financed in whole or in part by State funds. The prohibition on a municipality or political subdivision from directly accepting, receiving, or disbursing any funds granted by the United States under the Airport and Airway Improvement Act of 1982 shall not prohibit any municipality or any political subdivision owning a primary commercial service airport serving at least 10,000 annual enplanements from accepting, receiving, or disbursing funds directly from the federal government. Provides that federal money awarded to airports in the State under federal laws that includes project applications approved by IDOT where IDOT is designated as agent to accept, receive, and disburse such funds also include a State match to the local share of the application for all costs eligible.

IDNR – Wildlife – Public Announcement Of Deer (Public Act 102-314, Senate Bill 1245): This legislation changes the language in the Wildlife Code that DNR shall publicly announce, via statewide news release, the season dates, shooting hours and the counties and sites open to hunting.

Herptiles (Public Act 102-315, Senate Bill 1247): This act replaces the term “reptile or amphibian life” with “herptile” in state statute. It also makes changes to provisions on the taking of turtles or bullfrogs and modifies provisions concerning the protection, control, possession and propagation of herptiles such as alligator snapping turtles, crocodilians, monitor lizards and certain toad species. Allows the propagation of any endangered or threatened herptile species. Modifies the penalties section to give Law Enforcement more latitude and discretion than just the current Act permits. This includes the addition of lower level offenses than the Code currently allows. Removes language that would lead to the prosecution of licensed veterinarians for treating Special Use herptiles.

Rental Vehicle Damage Waiver (Public Act 102-317, Senate Bill 1536): The Renter’s Financial Responsibility and Protection Act will allow a rental company to void a damage waiver for damage or loss to the rental vehicle if the rental vehicle is stolen and the renter fails to return the ignition key and key tag; file a police report within the 24-hour period after discovery of the theft; and fully cooperate with the rental company, law enforcement agency, or any other authority in all matters connected to the investigation of the stolen rental vehicle.

Vehicle Code – Secretary Of State Title Transfers (Public Act 102-318, Senate Bill 1542): This legislation removes the requirement that new vehicle dealers, motor vehicle financing affiliates, used vehicle dealers, buy here-pay here used vehicle dealers, parts recyclers, repairers and rebuilders make out the Uniform Invoice in triplicate. It also requires that records required under the Uniform Invoice requirement be retained for three years instead of seven years.

Vehicle Code – Salvage Certificates (Public Act 102-319, Senate Bill 1545): The Vehicle Code is amended to re-define that a repossessed vehicle, fleet vehicle or flood vehicle that has been damaged in excess of 50% (instead of 33 1/3%) of its fair market value shall be considered to be salvage and shall be required to complete a successful inspection before being issued a new certificate of title.

Human Rights Act – Housing Loan Lending (Public Act 102-362, Senate Bill 1561): It is a civil rights violation for a third-party loan modification service provider, because of unlawful discrimination, familial status or an arrest record, to refuse to engage in loan modification services or to discriminate in making such services available, or alter terms, conditions or privileges of these services.

Criminal Code – Pregnancy Consideration On Sentencing (Public Act 102-211, Senate Bill 1566): This new law adds pregnancy to the list of mitigating factors that must be considered by a sentencing judge in a criminal case when determining a sentence to impose upon a defendant who has been convicted of a crime.

School Code – Mental Health Absence (Public Act 102-321, Senate Bill 1577): The Compulsory Attendance Article of the School Code is amended to allow students to take up to five absences for mental or behavioral health; after the second mental health day used, they may be referred to the appropriate school support personnel.

Insurance Coverage Mandates For Children With Austism Spectrum Disorders (Public Act 102-322, Senate Bill 1592): This legislation closes a loophole in the Insurance Code with regard to Autism spectrum disorders and habilitative services for children coverage mandates by providing that an insurer or managed care plan may not deny or refuse coverage because of the location wherein the clinically appropriate services are provided. Habilitative services are defined as occupational therapy, physical therapy, speech therapy and other services prescribed by the insured’s treating physician pursuant to a treatment plan to enhance the ability of a child to function with a congenital, genetic or early acquired disorder.

Criminal Code – Immigration Status Hate Crime (Public Act 102-235, Senate Bill 1596): The Criminal Code of 2012 now includes the actual or perceived citizenship or immigration status of someone as a hate crime in the commission of specified criminal acts.

Human Trafficking Recognition Training (Public Act 102-324, Senate Bill 1600): The Lodging Services Human Trafficking Recognition Training Act is amended to require restaurants and truck stops to provide employees with training in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority.

SOS – Electronic Signatures (Public Act 102-213, Senate Bill 1611): The Secretary of State may adopt rules to authorize the filing of documents with his or her office that have been signed by electronic means. Electronic signatures and electronic delivery of records shall have the same force and effect as manual signatures and the physical delivery of records and shall be admissible in all administrative, quasi-judicial and judicial proceedings.

Higher Education Admissions – Agriculture Sciences (Public Act 102-404, Senate Bill 1624): This act amends the minimum college preparatory curriculum requirements for admission to an Illinois public university to include “agriculture sciences” as a type of course that may be counted towards the required three years of science and adds “agricultural education” as a type of course that be counted towards the two years of electives.

Removes Social Worker Examination (Public Act 102-326, Senate Bill 1632): The provision requiring a person to pass an examination as authorized by the IDFPR to be qualified to be licensed as a social worker in Illinois is removed from the Clinical Social Work and Social Work Practice Act.

Academic Report For All Public Universities (Public Act 102-214, Senate Bill 1638): Each student must be provided with an academic report when he or she declares a major. The report provides an estimated cost for their major, average monthly student loan payment, average job placement rate, average entry-level wage and wage or salary after five years of entry into an occupation related to that major.

School Code – Counselor Gift Ban (Public Act 102-327, Senate Bill 1640): A guidance counselor may not intentionally solicit or accept any gift from any prohibited source or solicit or accept a gift that would be in violation of any federal or state statute or rule, with exceptions like promotional materials, and subject to a fine of at least $1,001 and up to $5,000.

Mass Animal Mortality Event (Public Act 102-216, Senate Bill 1656): The former Dead Animal Disposal Act is now known as the Animal Mortality Act, which provides that the Director of Agriculture may declare a mass animal mortality event and that the IEPA shall not require a permit for any person conducting a waste transfer, storage, treatment or disposal operation.

Weights & Measures – Continuing Education (Public Act 102-217, Senate Bill 1657): Continuing education is required for persons registered to install, service, recondition or repair a weighing or measuring device used in trade or commerce. The new law allows for a phase-in process for persons currently registered and that applications and reports (currently required in writing) shall be filed in a manner prescribed by the Director of Agriculture.

Weights & Measures – Sealing Device (Public Act 102-218, Senate Bill 1658): All weighing or measuring devices must be placed into service and sealed before they are first used in trade by a serviceperson, service agency or special sealer registered by the Director of Agriculture or by an inspector. On any device whose sole method of sealing is an audit trail, event counter or similar system, a tamper-evident label shall be affixed to the device that includes the sealer’s registration number as issued by the Director and the most recent count or counts listed in the audit trail, event counter or similar system.

Electronic Certification Of Property Tax Levy (Public Act 102-625, Senate Bill 1667): This initiative provides greater flexibility to local taxing bodies by allowing them to transmit certification of their tax levy to the county clerk electronically, including any supplemental or supportive documentation. State law requires levies to be certified on or before the last Tuesday in December.

Homeowner/Renter Insurance And Dog Bite Claims (Public Act 102-328, Senate Bill 1672): In an effort to increase pet owners’ access to homeowner or renter insurance and suggested by Best Friends Animal Society, this new law requires that companies offering homeowner or renter insurance must record certain information regarding dog bite claims for two years starting in 2022 and reported annually.

Cat And Dog Sterilization (Public Act 102-329, Senate Bill 1673): The terms “spayed” and “neutered” were replaced by “sterilized” to prepare for when non-surgical methods become available in Illinois. As part of efforts to humanely reduce the number of unwanted cats and dogs this new law provides that county animal funds can only be used to sterilize cats and dogs and that dogs running free must be sterilized within 30 days of reclamation.

Update To Definition Of “Contact” To Include Electronic Communication (Public Act 102-220, Senate Bill 1677): To update statutory language to include text, email and other electronic contact in the definition of “contact,” this legislation amends the Stalking No Contact Order Act to include electronic communication. It amends the Civil No Contact Order Act to allow a court to restrain the respondent from having any electronic communication with the petitioner.

Inclusion Of Probation Officers In Line Of Duty Compensation Act (Public Act 102-1221, Senate Bill 1681): In response to probation officers increasingly facing higher levels of threats and violence in the workplace, the Line of Duty Compensation Act is amended to include probation officers so they can receive the same benefits for which other members of law enforcement are eligible.

Pharmacy Prescription Price Disclosure Rules (Public Act 102-400, Senate Bill 1682): This new law removes the limitation that consumers with a prescription may only request disclosure of the retail price of prescription drugs/medical devices 10 times. It includes guidelines for how and when a pharmacist and their employees are required to report retail costs and when they must inform a consumer that the retail cost is lower than their cost-sharing amount.

Amendments To The Edge Tax Credit Act (Public Act 102-330, Senate Bill 1690): These amendments were agency-requested clean-up language and make changes to their Administrative Law. The EDGE Act is amended to repeal provisions concerning the Illinois Business Investment Committee. The law also creates the Illinois Small Business Fund as a non-appropriated separate trust fund in the State Treasury. DCEO will use the money in the Fund to manage proceeds resulting from investments the Department has undertaken. The law also makes a conforming change to the State Finance Act and repeals an article within the Build Illinois Act.

Improves Efficiency In Firefighter Training (Public Act 102-331, Senate Bill 1714): This legislation amends the Fire Protection Training Act to retain the training requirement for the history of fire service labor, but removes current law language that requires this training as part of basic fire training and a minimum standard for schools.

Delinquent And Abandoned Properties (Public Act 102-363, Senate Bill 1721): In provisions regarding delinquent property, the county can now acquire the title to the property and can manage it (i.e. mowing, removal of garbage, etc.). If the county sells the property, the proceeds should go to the taxing districts in proportion to their respective interests. Max penalty bids for the annual tax sale are reduced from 18% to 9%. In the Counties Code, this legislation modifies the ability to declare a property abandoned and other announcements surrounding the declaration of abandonment.

Rules For Certification Of Accountants (Public Act 102-222, Senate Bill 1723): In efforts to streamline the CPA certification process, this new law allows CPA applicants to sit for the exam after 120 credit hours instead of 150 hours and creates an exam certificate for individuals who passed the exam.

Public Corporation Identity Reporting (Public Act 102-223, Senate Bill 1730): Public corporations with principle executive offices in Illinois must report the self-identified sexual orientation and self-identified gender identity of their directors.

Non-Emergency Medi-Car Service Provider Safety Training (Public Act 102-364, Senate Bill 1740): If a provider of non-emergency medi-car and service car transportation is licensed either directly or through an affiliate company by IDPH and meets the training standards set by HFS, they are approved to have in-house safety training for their own staff.

Surplus Line Insurance “Diligent Effort” Requirements (Public Act 102-224, Senate Bill 1753): In order to allow Independent Insurance Agents to be able to meet their diligent effort requirement annually rather than going through it for every common policy, this new law allows insurance producers to sell a surplus line insurance contract from an unauthorized insurer without completing the “diligent effort” requirements if they have been referred by another Illinois license insurance producer. It allows the “diligent effort” requirements to be met annually rather than each time the policy is issued and requires every surplus line producer to file a report on fire insurance with the Director up to February 1 instead of March 31.

State Agency Interview Diversity (Public Act 102-225, Senate Bill 1765): Each State agency should create a goal to increase diversity on interview panels in order to create more State employment opportunities for women, minorities, and people under specific employment plans. Furthermore, the interviewers, if possible, should be representative of the previously listed people. State agencies will be required to submit an annual report to CMS.

Disclosures For A Loan On A Manufactured Home (Public Act 102-365, Senate Bill 1779): In an effort to create more transparency in this particular loan process, this legislation provides that when offering terms for a mortgage note for a manufactured home, a lender or agent of a lender company must disclose 5 things: any affiliation between the landlord and lending company, if the loan is a chattel loan, that the terms of a chattel loan do not allow refinancing, that the manufactured home may qualify as a real property, and any other reasons that prohibit refinancing.

Water In Mobile Home Parks (Public Act 102-227, Senate Bill 1780): A mobile home park owner must provide water to each household following a 3-day period of no water. The park owner does not need to provide water to tenants if the disruption of water services originates from factors outside the control of the mobile home park.

Public Posting Of Rehearing/Restoring License Information (Public Act 102-229, Senate Bill 1790): In order to increase transparency, the IDFPR must publish on its website information about the process of requesting a rehearing and the process for restoring a license after successful completion of probation, suspension or revocation of a license.

Requirements Following A Fatal State Highway Accident (Public Act 102-333, Senate Bill 1791): IDOT will now be required to conduct a traffic study following any accident involving a pedestrian fatality that occurs at an intersection of a state highway.

Fiduciary Duties In A Member-Managed Company (Public Act 102-230, Senate Bill 1795): This bill is an effort to clarify fiduciary duty provisions in the Limited Liability Company Act. Statutory fiduciary duties a member owes to a member-managed company and other members do not limit duties owed at common law. It replaces a provision that requires a member to discharge their duties to a member-managed company and its other members and to exercise rights consistent with the obligation of good faith dealing. Instead, it provides that the implied contractual obligation of good faith dealings applies to the agreement and members of a member-managed company in the same way and extent that it applies to other contracts and parties. The law also changes the extent to which an operating agreement of a limited liability company can restrict/eliminate a fiduciary duty owed at common law or under the Act.

State-Designated Cultural Districts (Public Act 102-628, Senate Bill 1833): Inspired by other states’ cultural district programs, this new law seeks to establish similar programs in Illinois. DCEO will establish guidelines for state-designated cultural districts as defined in the bill, which also provides requirements for certification and reporting. The law creates an Advisory Committee which will have two House and two Senate members with each of the four caucus leaders making one appointment.

Protects Life Insurance Policies On Inactive Employees If Provider Is Changed (Public Act 102-367, Senate Bill 1876): This new law amends the Insurance Code to require that a policy of group life insurance that is replacing another group policy contain a provision that prevents loss of coverage for active employees who are not actively working if certain conditions are met.

Defining Building Codes For One And Two Family Modular Home Dwellings (Public Act 102-526, Senate Bill 1839): This initiative states that codes for structural requirements adopted for modular dwellings shall be no more stringent than the requirements contained in the most recent edition of the International Residential Code for One- and Two-Family Dwellings or the International Building Code. The law says the Code of Standards shall permit the use of new technology, techniques, methods and materials, for both modular dwellings and mobile structures, consistent with recognized and accepted codes and standards developed by the Energy Conservation Code.

Clarifying Hospital Reporting Requirements For Under And Uninsured Persons (Public Act 102-581, Senate Bill 1840): This initiative says community benefits plans developed by a nonprofit hospital must describe activities the hospital is undertaking to address health equity, reduce health disparities, and improve community health. The law also clarifies requirements for hospital reporting on public health benefit applications and details discount rates and percentages for under and uninsured patients and requires annual reporting to the Attorney General on how medical discounts and services are offered and provided to under and uninsured persons.

Certificate Of Purchase Reporting Requirements For Individuals And County Clerks (Public Act 102-528, Senate Bill 1845): The new law requires the owner of a certificate of purchase to file with the county clerk the names and addresses of the owners of the property and those persons entitled to service of notice at their last known addresses. The legislation also requires the clerk to mail notice within 30 days from the date of the filing of addresses.

Restaurant Specifications For Children’s Meals (Public Act 102-529, Senate Bill 1846): The initiative requires restaurants to specify that water, milk, a milk alternative or juice is included in the drink options for children’s meals. The new law allows restaurants to serve a different drink alternative with children’s meals. It lays out requirements for health inspectors to verify these choices are being offered and allows for a warning and financial penalties process for violations.

Diabetes And Vitamin D Testing Coverage Requirement (Public Act 102-530, Senate Bill 1854): The new law states that a group or individual policy of accident and health insurance or managed care plan shall provide coverage for A1C testing for prediabetes, type 1 diabetes, and type 2 diabetes in accordance with prediabetes and diabetes risk factors identified by the Centers for Disease Control and Prevention (CDC). The new law states similar coverage for vitamin D testing recommended by a health care provider in accordance with vitamin D deficiency risk factors identified by the CDC and defines “A1C testing” and “vitamin D testing”.

DOC Impact Program No Longer Requires Physical Labor Or Military Style Drills (Public Act 102-629, Senate Bill 1861): The initiative removes “incarceration” from the impact incarceration program and requires the impact program to include community service activities, cognitive behavioral programming, life skills and reentry planning. The new law also removes requirements for mandatory physical training and labor, military formation and drills, regimented activities and uniformity of dress and appearance. The new law also changes the length of the program from 120-180 days to one year to 18 months and allows State’s Attorney’s to determine eligibility for the program.

Increasing Aquatic Species Protections (Public Act 102-368, Senate Bill 1878): A person who violates the Fish and Aquatic Life Code or administrative rule (rather than only the Code) relating to specified unlawful actions concerning protected species valued in excess of a total of $300 commits a Class 3 felony. Bowfin and paddlefish are added to a species list with a $4 per pound or $8 per pound fair market value or replacement cost.

No Pitchfork Fishing From Highways Or Right Of Ways (Public Act 102-369, Senate Bill 1879): It is unlawful for any person to take or attempt to take aquatic life by means of a pitchfork, underwater spear gun, bow and arrow or bow and arrow device, including a sling shot bow, spear, or gig along, upon, across, or from any public right-of-way or highway in the state.

Child Pornography Conviction Involving Profoundly Disabled Family Member As Victim (Public Act 102-531, Senate Bill 1892): The new law requires a jail sentence for anyone convicted of child pornography charges where the exploited victim was a family member or household member and is also severely mentally or physically disabled. The initiative disallows probation, work release, or conditional discharge in such cases.

Surgical Smoke Evacuation System For Certified Hospitals And Surgery Centers (Public Act 102-533, Senate Bill 1908): This initiative requires licensed hospitals and ambulatory surgery centers to adopt policies to ensure the elimination of surgical smoke plume by use of a surgical smoke plume evacuation system for each procedure that generates surgical smoke plume from the use of energy-based devices, including electrosurgery and lasers. The law requires these healthcare facilities to report they have met this requirement within 90 days of the effective date of the public act.

Community Service For Scott’s Law Violators (Public Act 102-338, Senate Bill 1913): Violators of Scott’s Law, a law that requires motorists traveling on Illinois’ highways to move over when approaching a stopped police or emergency vehicle, may now face the punishment of community service in addition to other applicable punishments for violations of the law.

Mental Health And Substance Abuse Disorder Treatments For Involuntary Inpatient Treatment Of Illinois And Wisconsin Residents (Public Act 102-371, Senate Bill 1966): The new law will enable Illinois and Wisconsin residents who are subject by court order to involuntary inpatient admission for the treatment of a mental health or substance use disorder to obtain appropriate treatment across state lines in qualified hospitals and facilities that are closer to their homes than are facilities available in their home states. Specifically, the law allows mental health facilities located in certain northern border counties to contract with Wisconsin county departments to provide substance use or mental health treatment to Illinois and Wisconsin residents who are subject to involuntary commitment orders for treatment issued by Wisconsin courts.

Limited Release Of Mental Health Information Of Inpatient Mental Health Care Recipients (Public Act 102-372, Senate Bill 1970): This initiative allows for the limited disclosure of protected mental health information of a recipient who is an inpatient of a mental health facility related to an individual’s involvement with the recipient’s mental health care or payment related to the recipient’s mental health care. The law defines eligibility factors for an individual seeking the disclosure of the information and further states that whenever the disclosure of information is made without consent, the recipient shall be provided with written disclosure and given an opportunity to designate an agent or appropriate counsel. The law requires documentation of the disclosure or use to be noted in the recipient’s record.

Limiting Recoupment Liability For Health Insurance Providers (Public Act 102-632, Senate Bill 1974): This initiative limits insurance recoupments and offsets to 12 months after payment is made, instead of 18 months. The law exempts an insurer contracted with the HFS that is required by the Department to recoup or offset payments due to a federal Medicaid requirement from the recoupment time limit. The change is aimed at easing financial burdens on smaller health care providers.

A New Liaison Position Created At DOC To Receive Suggestions, Complaints, Requests (Public Act 102-535, Senate Bill 1976): The new law requires DOC to appoint a point of contact person to receive suggestions, complaints, or other requests to the Department from visitors to Department institutions or facilities and from other members of the public.

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