Over 300 New Laws Took Effect On January 1, 2022: Part 4
Editor’s Note: This is the last installment of the new laws passed this year. You can refernece the full text for each bill by entering the bill number in the left columnn on www.ilga.gov.
Expanding Sales Avenues For Cottage Food Operations (Public Act 102-633, Senate Bill 2007): The new law makes clear several definitions involving the cottage food industry and expands sales avenues for cottage food operators to include sales at fairs, festivals, home, online, and home delivery. It establishes a self-certification program for cottage food operators to affirm compliance with applicable laws, rules, and regulations involving the new law and Illinois food preparation and handling codes.
Legal Protections For Undocumented Immigrants That Are Victims Of Crime (Public Act 102-401, Senate Bill 2079): The new law amends the VOICES Act to mandate that, when a law enforcement official declines to issue a certification of a victim of qualifying criminal activity, they shall provide written notice to anyone requesting an explanation as to why the available evidence does not support a finding that the individual is a victim of a qualifying criminal activity. It also requires a response to appeals within 30 days. The law is supposed to encourage undocumented immigrant victims of crime to report crimes and assist in the investigations and prosecutions of a wide variety of criminal activity.
ISBE’S Kindergarten Assessment Committee (Public Act 102-635, Senate Bill 2088): This initiative adds state policy advocates, early childhood administrators and other stakeholders as members to ISBE’s kindergarten assessment committee. The new law also adds to the goal of the Whole Child Task Force the responsibility of recommending legislation, policies, and practices to prevent learning loss in students during periods of suspension and expulsion, including, but not limited to, remote instruction
DNR Must Fly Us Flags, Illinois Flags, And Pow/Mia Flags At All State Parks (Public Act 102-388, Senate Bill 2089): The new law requires DNR to fly the United States Flag, an Illinois flag, and a POW/MIA flag at all state parks within the next five years.
Life Insurance Notice (Public Act 102-542, Senate Bill 2112): Life insurance companies must notify an applicant of their right to designate a secondary addressee to receive notice of cancellation of the policy for nonpayment and must allow for such designation at any time. Notice to the secondary addressee is in addition to the notice to the policy holder and the secondary addressee does not accept any liability for the policy. Policies that are collected by a licensed agent or paid by credit card, preauthorized check processing or automatic debt service are exempt. Life insurance agents may serve as a secondary addressee.
Civics Education For Re-Entering Citizens (Public Act 102-374, Senate Bill 2116): Civics classes shall offered to those committed to DJJ who are due to re-enter society upon the completion of their sentence within the next 12 months.
Interrogations Of Minors (Public Act 102-101, Senate Bill 2122): This new law prohibits the use of deceptive tactics in custodial interrogations of a minor who was under the age of 18 at the time of the commission of the offense. Confessions made during an interrogation where deceptive practices were used are presumed inadmissible but may be overcome by a preponderance of the evidence. The burden is on the state to prove that a confession was voluntary.
State Resentencing Motion (Public Act 102-102, Senate Bill 2129): Allows the State’s Attorney to file a petition to resentence an offender, the court may resentence the offender if they find that the original sentence no longer advances the interests of justice.
Insurance/Port-Wine Stains (Public Act 102-642, Senate Bill 2158): This act requires insurance companies to cover the treatment of nevus flammeus (port-wine stain birth marks) including, but not limited to, port-wine stains caused by Sturge-weber syndrome so long as the treatment is not solely cosmetic. Treatment shall include early intervention, topical, intraregional or systemic medical therapy, surgery and laser treatments approved by the U.S Food and Drug Administration in children 18 years and younger that are intended to prevention functional impairment related to vision, oral function, inflammation, bleeding, infection and other medical complications associated with port-wine stains.
Powers Of The Department Of Innovation And Technology (Public Act 102-376, Senate Bill 2175): The Department of Innovation and Technology Act is amended to modify provisions concerning the powers and duties of the Department and its Secretary. The new law provides purpose provisions and modifies definitions.
DCFS-Baggage For Youth-In-Care (Public Act 102-545, Senate Bill 2177): Youth in care will not be required to store their belongings in plastic bags or similar forms of disposable containers when relocating from one placement to another, or when discharged from the custody of DCFS. Requires DCFS to ensure that youth in care has appropriate baggage to store their belongings.
Attorney Malpractice Limitation For Estate Planning (Public Act 102-377, Senate Bill 2179): This law creates an absolute bar on any attorney malpractice action for estate planning work after six years from when the services were rendered by the attorney to make it consistent with other legal work and not discourage attorneys from entering the practice due to liability concerns.
Freight Container Burglary (Public Act 102-546, Senate Bill 2193): A person commits burglary when they knowingly enter without authority, or remain within a freight container with the intent to commit a felony or theft. A burglary committed inside but without causing damage to a freight container is a Class 3 felony, and a burglary committed while causing damage to a freight container is a Class 2 felony.
Threats Included In Defintion Of Stalking (Public Act 102-547, Senate Bill 2204): A person commits stalking when they knowingly make threats that are a part of a course of conduct and are aware of the threatening nature of their speech.
Use Of Pesticides During School Day (Public Act 102-548, Senate Bill 2245): It is unlawful to apply a restricted use pesticide on or within 500 feet of a school property during normal school hours, except for whole structure fumigation, unless the pesticide application information listed on the label is more restrictive, in which case the more restrictive provision applies. This initiative aims to address concerns regarding the effects of pesticides on the environment and public health.
FOID-Mental Health-Corrections (Public Act 102-645, Senate Bill 2249): DOC employees may continue their employment after having their FOID card revoked due to receiving mental health treatment as long as the employee has not been deemed a threat to themselves or others.
Vet Benefit Fund Reporting (Public Act 102-549, Senate Bill 2250): This legislation increases transparency in the use of donations to Illinois Veterans’ homes by requiring administrators at homes to prepare and submit a monthly report of all donations received, including nonmonetary donations, to the IDVA. IDVA must prepare a quarterly report on all locally-held member’s benefits funds from each Illinois Veterans home to submit quarterly to the General Assembly and the Governor as well as publish on its website.
Mental Health Board In Counties With Special Tax (Public Act 102-379, Senate Bill 2278): Counties that are authorized to impose a Special County Retailers’ Occupation Tax for Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation must establish a seven-member mental health board. Money from the special county retailers’ occupation tax that are earmarked for mental health or substance abuse purposes must be deposited into a special county occupation tax fund for mental health and substance abuse to be administered by the board.
Privacy Of Child Victims (Public Act 102-651, Senate Bill 2339): This act protects the identities of child sex crime victims and alleged victims by providing that their identity be restricted unless a court order is issued authorizing the removal of restrictions of a particular case record or particular records of cases maintained by any circuit court clerk. Advocates and victim’s attorneys are exempt from a requirement to exclude the victim’s identity in certain records.
The Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim’s identity in certain records. Superintendents are restricted from revealing the identity of a victim.
Adult Victim Privacy (Public Act 102-652, Senate Bill 2340): The Privacy of Adult Victims of Criminal Sexual Offenses Act allows a court, for the adult victim’s protection and for good cause shown, to prohibit any person or agency present in court from further disclosing the adult victim’s identity. Advocates and victim’s attorneys may be exempt from a requirement to exclude the victim’s identity in certain records. The copy of the criminal history record information provided under a provision concerning criminal sexual offense and school districts shall exclude the identity of the adult victim. The superintendent is restricted from revealing the identity of the adult victim. The Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim’s identify in certain records.
Adds Speech And Debate To Electives To Graduate High School (Public Act 102-551, Senate Bill 2354): This new law adds forensic speech (speech and debate) to the list of electives that a student may choose to satisfy the one year prerequisite that each high school student must complete to graduate. A forensic speech course used to satisfy the course requirement in language arts may not be used to satisfy a forensic speech course chosen as an elective course.
Public Body Closed Meeting Review (Public Act 102-653, Senate Bill 2356): Public bodies must meet no less than every six months to review minutes of all closed meetings. The unit of local government which assumes the functions of a recently dissolved, consolidated, or otherwise eliminated public body shall review the closed session minutes of that public body.
Streamlining Educator Misconduct Investigations (Public Act 102-552, Senate Bill 2357): This new law adds homicides to the list of criminal offenses that warrant disqualification of an educator and streamlines educator misconduct investigations at the request of the State Board of Education to require school boards to notify the Teachers’ Retirement System when a teacher has been convicted, allows licensee endorsements to be revoked, and provides that notification to the State Board following an educator’s dismissal or resignation due to child abuse or neglect must include the teacher’s identification number and a description of the alleged misconduct.
Banking Emergency Act – Holidays (Public Act 102-553, Senate Bill 2360): Due to COVID-19 mitigation some banks were forced to close. They now have more flexibility in opening and closing after receiving authorization from IDFPR commissioners.
Pediatric Palliative Care (Public Act 102-655, Senate Bill 2384): The Public Aid Code is amended to provide that the medical assistance program shall cover community-based pediatric palliative care from a trained interdisciplinary team. HFS must develop a pediatric palliative care program under which a qualifying child may receive community-based pediatric palliative care from a trained interdisciplinary team. A qualifying child is a person under the age of 21 who is enrolled in the medical assistance program and is diagnosed by the child’s primary physician or specialist as suffering from a serious illness. Certain reimbursable services offered under the pediatric palliative care program will be subject to federal approval for matching funds.
Repeal Of The Aquaculture Development Act (Public Act 102-555, Senate Bill 2395): The Aquaculture Development Act is repealed because it is outdated and covered by other various Acts.
Amendments To The Electronic Commerce Security Act (Public Act 102-572, Senate Bill 2459): An initiative of the American Council of Engineering Companies, this legislation allows for electronic signatures for small business contractors working with the state.
State Building Municipal Identification (Public Act 102-561, Senate Bill 2460): City of Chicago identification cards, CityKey, may be used as a secondary form of identification. It also allows CityKey to be used as an I.D. when entering certain state buildings.
Personal Record Discipline (Public Act 102-564, Senate Bill 2486): Illinois employees will now be able to file a grievance with the Department of Labor if a former employer unlawfully divulges a disciplinary report, reprimand or other disciplinary action to a third party within three years after the date of disclosure of the disciplinary action.
State’s Attorney Conflict With County (Public Act 102-657, Senate Bill 2520): This allows a court, on its own motion, or an interested person in a matter other than a cause or proceeding arising under the State’s Attorney’s duties, civil or criminal, to file a petition alleging that the State’s Attorney has an actual conflict of interest in the matter. If the court finds that the petitioner has proven by sufficient facts and evidence that the State’s Attorney has an actual conflict of interest, the court may appoint an attorney to prosecute or defend the matter. The bill was in response to an issue in Piatt County where the State’s Attorney filed criminal charges for Open Meetings Act violations on the entire County Board. Though all of the charges were eventually dropped, the County Board did not want to have any meetings with the legal counsel (the State’s Attorney criminally charging them) for several months, until the charges were dropped. The language of this bill allows any board that has a conflict with their State’s Attorney to petition for outside legal counsel.
Emergency Police Access To Cell Location (Public Act 102-565, Senate Bill 2530): Wireless providers must quickly deliver cell phone location information to law enforcement in cases when a person has been determined by law enforcement to be at risk of death or serious physical harm.
Portable Emmisions Testing (Public Act 102-566, Senate Bill 2563): Truck fleets may now receive portable emission tests rather than driving their entire fleet to a brick and mortar facility. The new law reduces emissions by allowing the tester to travel to the fleet rather than driving an entire fleet to the tester.
Neglected Child-Disregard (Public Act 102-567, Senate Bill 2567): It is unlawful for any person to knowingly make a video record or transmit live video of another’s intimate parts. In any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody and control of either the state or the court. The law determines when a victim is considered unable to give knowing consent and amends the Abused and Neglected Child Reporting Act to provide that blatant disregard for the welfare of the child by the person responsible for the welfare of the child may contribute to the child being considered a “neglected child.”
Conditional Permanent Resident (Public Act 102-659, Senate Bill 2662): Illinois driver’s licenses issued to conditional permanent residents are allowed to expire under specified conditions. REAL ID compliant Illinois driver’s licenses issued to conditional permanent residents will be marked as “Limited Term.”
