96th General Assembly

Legislative Summaries

 

The full text of each bill and resolution can be found at the Illinois General Assembly’s website,

http://www.ilga.gov/

 

SENATE BILLS

 

ADULT SERVICES

 

SB0326:  Amends the Older Adult Services Act. In provisions concerning the development of a plan to restructure the State's service delivery system for older adults, provides that the Department on Aging and the Departments of Public Health and Healthcare and Family Services shall develop the plan no later than September 30, 2010. Provides that the plan shall protect the rights of all older Illinoisans to services based on their health circumstances and functioning level, regardless of whether they receive their care in their homes, in a community setting, or in a residential facility. Provides that financing for older adult services shall take into account individual preference but shall not jeopardize the health, safety, or level of care of nursing home residents. Effective immediately.

 

Sponsors:  Sen. William Delgado

Status:  Placed on Calendar Order of 3rd Reading March 4, 2009.

 

 

CIVIL ADMINISTRATION

 

SB0040:  Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Requires the Department of Central Management Services, in cooperation with the Department of Human Services, to develop and implement plans to increase the number of individuals with a disability employed by State government and to submit an annual report.  Develop and implement an education and outreach campaign designed to increase statewide awareness of issues that affect individuals with a disability.  Amends the Illinois Procurement Code. Provides that a chief procurement officer may, as part of any solicitation, encourage prospective vendors to consider hiring qualified individuals with a disability and to notify them of any available financial incentives or other advantages associated with hiring such persons. Effective immediately. 

 

Sponsors: Sen. Susan Garrett - Pamela J. Althoff

Status:  Held in State Government and Veterans Affairs on February 20, 2009.

 

 

CIVIL PROCEDURE

 

SB0184:  Amends the Code of Civil Procedure. Provides that prejudgment interest must be awarded in an action at law or in arbitration from the date the party from whom damages are sought is given written notice of the claim for money damages or the action or arbitration is filed, whichever is earlier, until the award or judgment is entered. Provides that the notice must refer to the statute and be tendered by personal service by the sheriff or a private process server; certified mail, return receipt requested; or any documented method considered an accepted business practice. The notice may be sent by the party seeking money damages or his or her attorney to the party from whom money damages are sought, that party's attorney, or that party's liability insurer. Provides that the monthly prejudgment interest rate shall be calculated by the Comptroller and published on his or her website each month. Provides that the monthly prejudgment interest rate shall be calculated by adding 2% to the interest rate of the one-year Treasury constant maturity stated in the last H15 report of the previous month, published by the Federal Reserve System. Provides that a defendant may avoid paying prejudgment interest by making a written offer of settlement to the plaintiff any time after that defendant files an answer, but no later than 120 days after filing an answer. Provides that if the plaintiff does not accept that offer of settlement in writing within 30 days of receipt, and the plaintiff's award or judgment against that defendant is less than or equal to that offer of settlement, no prejudgment interest may be awarded against that defendant. The parties may agree in writing to extend the 120-day period. Provides that these provisions do not apply to: (1) A unit of local government, school district, community college district, or other governmental entity. (2) An action in small claims. (3) A claim for punitive damages. (4) If the action is governed by a more specific State statute, including but not limited to the Interest Act, or preemptive federal law. Provides that these provisions apply only to causes of action accruing on or after the effective date. Effective January 1, 2010.

 

Sponsors:  Sen. William R. Haine

Status:  Postponed – Judiciary on February 19, 2009

 

 

COUNTY CODE

 

SB0286:  Amends the Counties Code. Provides that a county with a population of less than 1,000,000 may levy an annual tax for farmland preservation easement purposes. Provides that the tax may not exceed 0.05% of the equalized assessed value of taxable property in the county. Provides that the tax must be approved by referendum. Provides that the tax may be discontinued by referendum. Provides that a referendum to levy or discontinue a tax for county farmland preservation easement purposes may be initiated by a petition signed by a number of electors equal to at least 0.5% of the total number of votes cast in the county during the last preceding gubernatorial election. Provides that moneys in the county farmland preservation easement fund shall be used by the county for the purchase of easements to preserve farmland within the county.

 

Sponsors:  Sen. Pamela J. Althoff - William R. Haine and Michael Bond

Status:  Placed on Calendar Order of 2nd Reading February 20, 2009.

 

 

SB1462:  Amends the Counties Code. Requires that a county board designate a person who shall cause to be properly interred the body of any honorably discharged veteran who served with the armed forces of the United States in any congressionally sanctioned war or conflict after the Viet Nam Conflict, in addition to currently eligible veterans. Provides that the expense of the burial for all eligible veterans shall not exceed $900 (instead of $600).

 

Sponsors:  Sen. Gary G. Dahl

Status:  Assigned to State Government and Veterans Affairs on March 4, 2009.

 

 

ETHICS

 

SB0054: Amends the State Officials and Employees Ethics Act. With respect to an executive branch State employee who is the subject of an Executive Inspector General's investigation and whose agency head or ultimate jurisdictional authority agrees with the Inspector General as to disciplinary action against the employee, establishes procedures for providing a redacted version of the Inspector General's summary investigation report to the Executive Ethics Commission, to the employee, and to the public, under certain circumstances. 

 

Sponsors: Sen. Susan Garrett - Kirk W. Dillard and Dan Duffy

Status:  Placed on Calendar Order of 2nd Reading February 20, 2009.

 

 

SB1454:  Amends the Illinois Governmental Ethics Act. Requires members of the board of the 5 State-funded retirement systems and members of the Illinois State Board of Investment to file statements of economic interests. Amends the State Officials and Employees Ethics Act. Includes any appointed or elected commissioner, trustee, director, or board member of a board of a State agency, including the board of trustees of a State-funded retirement system to the definition of "employee" under the Act. Amends the Illinois Procurement Code to include all applicable procurements made by the State-funded retirement system. Amends the Illinois Pension Code. Makes changes with respect to consultants and fiduciaries and prohibits certain activities relating to the State retirement systems and the Illinois State Board of Investment. Adds provisions concerning lobbying, conflicts of interests, disclosures, and investment transparency. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

 

Sponsors:  Sen. Bill Brady - Chris Lauzen

Status:  Assigned to Executive on February 25, 2009.

 

 

HEALTH AND INSURANCE

 

SB0068:  Amends the Illinois Insurance Code, the Voluntary Health Services Plans Act, and the Voluntary Health Services Plans Act to require coverage for hearing instruments and related services for all individuals when a hearing care professional prescribes a hearing instrument.  Effective immediately. 

 

Sponsors:  Sen. Ira I. Silverstein

Status:  Assigned to insurance February 4, 2009.

 

 

SB0136:  Amends the Illinois Insurance Code. Provides that when a person presents a benefits information card, if the health care professional or health care provider has a participation contract with the insurer, health maintenance organization, or other entity identified on the card, then the health care professional or health care provider shall submit its claim for services covered under the policy within the time frame specified by the insurer or other entity, but not later than one year after the last date that services have been provided to the insured person.  Effective immediately. 

 

Sponsors:  Sen. James F. Clayborne Jr.

Status:  Assigned to insurance on February 10, 2009.

 

 

SB0270:  Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to implement the Colorectal Cancer Screening and Treatment Pilot Program in areas of the State that have the highest incidences of mortality related to colon cancer. Provides that the Program sites must be located in and operated through Federally Qualified Health Centers. Provides that the Program shall provide funding for colorectal cancer examinations and laboratory tests and shall provide colorectal cancer screening and treatment services for specified groups. Provides that these provisions are repealed 3 years after the effective date of the amendatory Act.

 

Sponsors:  Sen. Deanna Demuzio - Emil Jones III

Status:  Placed on Calendar Order of 2nd Reading February 20, 2009.

 

 

SB0300:  Amends the State Employees Group Insurance Act of 1971. Permits an employee to switch to a different health insurance program after the annual benefits choice period if a health care provider with whom the employee has a long-term relationship transfers from one program to another program after the Director of Central Management Services has submitted the final program contracts before the benefits choice period. Effective immediately.

 

Sponsors:  Sen. Bill Brady

Status:  Assigned to State Government and Veterans Affairs on February 25, 2009.

 

 

SB1331:  Creates the Illinois Family and Employers Health Care Act. Creates the Illinois Guaranteed Option Act to establish a program to make health insurance plans and HMOs affordable and accessible to small employers and individuals. Creates the Illinois Health Care Justice Commission Act; creates the Commission to oversee healthcare system reforms. Creates the Illinois Guaranteed Option Premium Assistance Program Act to provide private health insurance premium assistance. Amends the Illinois Insurance Code to make changes including creating the Office of Patient Protection within the Division of Insurance of the Department of Financial and Professional Regulation. Creates the Community Health Center Construction Act to establish a program of grants for various purposes. Creates the Illinois Shared Responsibility and Shared Opportunity Assessment Act; imposes on employers a tax on the wages paid to Illinois full-time equivalent employees; makes the tax applicable to wages paid on or after January 1, 2010, and requires payment of the tax beginning July 1, 2010.

 

Sponsors:  Sen. David Koehler - Mattie Hunter - Donne E. Trotter - William Delgado

Status:  Referred to Assignments on February 10, 2009.

 

 

SB1381:  Creates the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person's primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person's primary caregiver to legally possess no more than 7 dried cannabis plants and 2 ounces of dried usable cannabis. Amends the Cannabis Control Act to make conforming changes. Provides that the provisions of the Act are severable. Provides that the Act is repealed 3 years after its effective date. Repeals the research provisions of the Cannabis Control Act. Effective immediately.

 

Sponsors:  Sen. William R. Haine - Iris Y. Martinez

Status:  Assigned to Public Health on February 18, 2009.

 

 

SB1469:   Amends the State Employees Group Insurance Act of 1971. With respect to the retired teachers' health benefits plan, beginning with fiscal year 2010, provides that of the total insurance rate of a recipient whose primary residence is outside of Illinois and for whom a managed care program is not accessible, 50% (now, 75%) shall be paid from the Teacher Health Insurance Security Fund. In the case of a retired teacher's dependent beneficiary in such circumstances who is Medicare primary, provides that 12.5% (now, 25%) of the total insurance rate shall be paid from the Teacher Health Insurance Security Fund. Effective immediately.

 

Sponsors: Sen. Christine Radogno

Status:  Assigned to Pensions and Investments on March 4, 2009.

 

 

LOAN ACT

 

SB0252:  Amends the High Risk Home Loan Act. Provides that the term "points and fees" does not include fees paid to the United States Department of Veterans Affairs required by law, fees paid to the Federal Housing Administration required by law, or fees paid to the United States Department of Agriculture's Rural Development Loan Program required by law.

 

Sponsors:  Sen. Terry Link

Status:  Assigned to Financial Institutions on February 10, 2009.

 

 

PENSION CODE

 

SB0214:  Amends the State Employee Article of the Illinois Pension Code. Allows a member who rendered full-time contractual services to an Illinois Veterans Home operated by the Department of Veterans' Affairs to establish service credit for up to 8 years of such services by making specified contributions, plus interest. Requires application no later than July 1, 2010. Effective immediately.

 

Sponsors:  Sen. John M. Sullivan

Status:  Held in Pensions and Investments on February 19, 2009.

 

 

SB0234:  Amends the State Universities Article of the Illinois Pension Code. Provides that an employee is entitled to receive service credit for up to 2 years (now up to one year) of unused sick leave. Effective immediately.

 

Sponsors:  Sen. Michael W. Frerichs

Status:  Sent to Subcommittee on February 19, 2009.

 

 

SB0245:  Amends the Downstate Teacher and the Chicago Teacher Articles of the Illinois Pension Code. Allows a designated domestic partner to qualify as a surviving spouse for purposes of survivor and death benefits. Effective immediately.

 

Sponsors:  Sen. Heather Steans - David Koehler

Status:  Assigned to Pensions and Investments on February 10, 2009.

 

 

SB0274:  Amends the State Employee Article of the Illinois Pension Code. Provides the alternative formula for ferry boat operators and deck hands. Effective immediately.

 

Sponsors:  Sen. Deanna Demuzio

Status:  Sent to Subcommittee on February 19, 2009.

 

 

SB0294:  Amends the Downstate Teachers Article of the Illinois Pension Code. Provides that, when assessing payment for any amount due for earnings increases in excess of 6%, the System shall exclude earnings increases as a result of accepting school-sponsored, extra-curricular assignments. Effective immediately.

 

Sponsors:  Sen. Michael Noland

Status:  Assigned to Pensions and Investments on February 25, 2009.

 

SB0299:  Amends the IMRF Article of the Illinois Pension Code. In provisions concerning creditable service, provides that if the employee was in the service of more than one school district, then the sick leave days from all such employers shall be credited (currently only sick leave days from last employer). Provides that in calculating the creditable service, the sick leave days from the last employer shall be considered first, then the remaining sick leave days shall be considered until there are no more days or the maximum creditable sick leave threshold has been reached. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

 

Sponsors:  Sen. Michael Noland

Status:  Sent to Subcommittee on February 19, 2009.

 

 

SB0302:  Amends the State Employee Article of the Illinois Pension Code. Allows an employee who was laid off but returned to any State employment to establish creditable service for the period of the layoff, provided that (1) the applicant applies for the creditable service within 6 months after the effective date of this amendatory Act, (2) the applicant does not receive credit for that period under any other provision of this Code, (3) at the time of the layoff, the applicant is not in an initial probationary status consistent with the rules of the Department of Central Management Services, and (4) the total amount of creditable service established by the applicant under the provisions does not exceed 3 years. Provides that the funding for any new benefit increase created will be provided by employee contributions. Effective immediately.

 

Sponsors:  Sen. Larry K. Bomke

Status:  Placed on Calendar Order of 2nd Reading February 20, 2009.

 

 

SB0303:  Amends the Illinois Pension Code. Requires the General Assembly Retirement System, the State Employees' Retirement System of Illinois, the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, and the Judges Retirement System of Illinois to allow employees to elect to participate in a self-managed program of retirement benefits instead of the program of retirement benefits currently offered. Provides that a self-managed plan shall authorize a participating employee to accumulate assets for retirement through a combination of employer and employee contributions that may be invested at the employee's direction in mutual funds, collective investment funds, or other investment products and used to purchase annuity contracts. Provides that, to the extent that the changes made by the amendatory Act are determined to be a new benefit increase, the changes are exempt from the 5-year expiration provision. Effective immediately.

 

Sponsors:  Sen. Bill Brady and Kirk W. Dillard

Status:  Held in Pensions and Investments on February 27, 2009.

 

 

SB0304:  Amends the Illinois Pension Code. Requires the General Assembly Retirement System, the State Employees' Retirement System of Illinois, the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, and the Judges Retirement System of Illinois to automatically enroll its newly eligible employees in a self-managed program of retirement benefits instead of the program of retirement benefits currently offered and allows currently eligible employees to elect to participate in the self-managed program. Provides that a self-managed plan shall authorize a participating employee to accumulate assets for retirement through a combination of employer and employee contributions that may be invested at the employee's direction in mutual funds, collective investment funds, or other investment products and used to purchase annuity contracts. Provides that, to the extent that the changes made by the amendatory Act are determined to be a new benefit increase, the changes are exempt from the 5-year expiration provision. Effective immediately.

 

Sponsors:  Sen. Bill Brady

Status:  Held in Pensions and Investments on February 27, 2009.

 

 

SB0319:  Amends the State Universities Article of the Illinois Pension Code. Provides that, when assessing employer payment for any amount due for salary increases in excess of 6%, the System shall exclude any earnings increase (i) awarded to tenured faculty based upon the completion of certain criteria that is specified in a collective bargaining contract, (ii) resulting from a promotion for academic professionals, or (iii) resulting from a peer group study of compensation. Effective immediately.

 

Sponsors:  Sen. Gary Forby

Status:  Sent to Subcommittee on February 19, 2009.

 

 

SB0320:  Amends the State Universities Article of the Illinois Pension Code. Provides that, if the final rate of earnings of an employee is $30,000 or below and the employee is not receiving benefits under any other Article of the Code, then any salary increase in excess of 6% for any academic year used to determine the final rate of earnings under the Article over his or her earnings with the same employer for the previous academic year is exempt from provisions requiring the participant's employer to pay the present value of the increase in benefits resulting from the portion of the increase in earnings that is in excess of 6%. Effective immediately.

 

Sponsors:  Sen. Gary Forby

Status:  Sent to Subcommittee on February 19, 2009.

 

 

SB1561:  Amends the General Assembly, State Employees, State Universities, Downstate Teachers, and Judges Articles of the Illinois Pension Code. Declares it to be the public policy of this State and the intention of the General Assembly to protect annuitants against significant decreases in the purchasing power of retirement and survivor's annuities. Directs the Systems to review and report on significant changes in purchasing power. Provides for a one-time increase in certain retirement and survivor's annuities. Includes language exempting the changes from provisions concerning new benefit increases. Effective immediately.

 

Sponsors:  Sen. Gary Forby

Status:  Assigned to Pensions and Investments on February 25, 2009.

 

 

SB1638:  Amends the State Employees Group Insurance Act of 1971 and the State Pension Funds Continuing Appropriation Act. Beginning July 1, 2011, requires the Department of Central Management Services to administer a program of health benefits coverage for retirees, and their dependents, of certain community college districts previously not participating in the Community College Health Insurance Security Fund. Beginning January 1, 2011, provides for the collection and use of contributions. Beginning July 1, 2010, establishes a committee to advise the State on the program and necessary adjustments in funding sources. Amends the State Mandates Act to require implementation without reimbursement.

 

Sponsors:  Sen. Donne E. Trotter

Status:  Re-assigned to Pensions and Investments on March 4, 2009.

 

 

SB2020:  Amends the State Universities Article of the Illinois Pension Code. Provides that, on January 1, 2010, the monthly pension of an annuitant who retired before January 1, 1980 shall be recalculated and increased to reflect the amount the annuitant would have received in January 2010 had the annuitant been receiving a 3% increase for each year he or she received a monthly annuity under Rule 1, Rule 2, Rule 3, Rule 4, or Rule 5. Provides for an additional increase of 3% of the amount of the retirement annuity then being received each January thereafter. Effective immediately.

 

Sponsors:  Sen. Michael W. Frerichs

Status:  Assigned to Pensions and Investments on March 4, 2009.

 

 

PROCUREMENT

 

SB0206:  Amends the Illinois Procurement Code. Requires that a preference equal to 10% of the contract amount be granted to an otherwise qualified State contract bidder that is a qualified disabled veteran. Defines a qualified disabled veteran as a business entity 51% or more owned by one or more disabled veterans. Sets as a goal that each fiscal year the State award at least 3% of the value of its total contracts to qualified disabled veterans. Requires that the Department of Central Management Services report annually to the General Assembly on the attainment of the percentage goal, based on information reported by chief procurement officers. Requires chief procurement officers to make recommendations on the percentage goal, with input from statewide veterans' service organizations and the business community. Requires the Governor to recommend to the General Assembly changes in programs to assist qualified disabled veterans. 

 

Sponsors:  Sen. Michael Bond

Status:  Postponed – Executive on February 19, 2009.

 

 

PUBLIC AID

 

SB0135:  Amends the Illinois Public Aid Code. Provides that the Department of Human Services, in consultation with the Department of Healthcare and Family Services, shall develop a demonstration project within the Home Services Program under which a spouse may be reimbursed for providing care to his or her spouse, who is eligible for services through the Home Services Program and who meets the criteria for the demonstration project.  Effective immediately. 

 

Sponsors: Sen. David Koehler - William R. Haine - Dale E. Risinger - Larry K. Bomke

Status:  Placed on Calendar Order of 2nd Reading February 20, 2009.

 

 

SCHOOL CODE

 

SB0123:  Amends the School Code. In provisions concerning contractual continued service in school districts other than the Chicago school district, adds an exception to the probationary period of 4 consecutive school terms for a teacher who is first employed as a full-time teacher by a school district on or after the effective date of the amendatory Act but who, prior to employment with the district, already entered upon contractual continued service in another school district, in which case the probationary period is 2 consecutive school terms. Makes a similar change with respect to a teacher employed in a program of a special education joint agreement. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. 

 

Sponsors:  Sen. Deanna Demuzio

Status:  Postponed – Education on 2/11/09.

 

 

SB0153:  Amends the School Code. Provides that each school board employing an employee who is an elected trustee of the Illinois Municipal Retirement Fund shall make available to the elected trustee at least 20 days of paid leave of absence per year for the purpose of attending meetings of the Fund's Board of Trustees, committee meetings of the Board, and seminars regarding issues for which the Board is responsible. The Illinois Municipal Retirement Fund shall reimburse affected school districts for the actual cost of hiring a substitute employee during such leaves of absence. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. 

 

Sponsors:  Sen. Susan Garrett

Status:  Placed on Calendar Order of 2nd Reading February 18, 2009.

 

 

SB0261:  Amends the School Code. In provisions concerning sick leave for certain employees of school districts other than Chicago, provides that if an employee other than a teacher does not use the full amount of annual leave allowed, the unused amount shall be allowed to accumulate to a minimum available leave of 240 (instead of 180) days at full pay, including the leave of the current year. Provides that if an employee other than a teacher is subject to a reduction in force, the employing district shall maintain on its records all accumulated sick leave days, which must be recredited to the employee at the time of recall. Provides that if the employee is not recalled, then the district shall pay the employee, at the expiration of the recall period, the cash value for all accumulated sick leave at the daily rate of pay at the time of the layoff. Amends the State Mandates Act to require implementation without reimbursement.

 

Sponsors:  Sen. Michael Noland

Status:  Assigned to Education on February 10, 2009.

 

 

TAX CODE

 

SB0044:  Amends the Cigarette Tax Act and the Cigarette Use Tax Act. Provides that an additional tax of 50 mills per cigarette shall be imposed on retailers of cigarettes. Provides that, of the proceeds of the tax, 0.57% shall be deposited into the Tax Compliance and Administration Fund and 99.43% shall be deposited into the Healthcare Provider Relief Fund. Changes the definition of "cigarette" to exclude those with wrappers made of "whole tobacco leaf" (instead of "tobacco"). Amends the State Finance Act to create the Healthcare Provider Relief Fund. Provides that moneys in the Fund may be used by the Department of Healthcare and Family Services for the purpose of making reimbursements to providers who participate in certain medical assistance programs. Effective immediately.

 

Sponsors:  Sen. Jeffrey M. Schoenberg - John J. Cullerton - Jacqueline Y. Collins - Terry Link, Don Harmon, James T. Meeks, Donne E. Trotter, Mattie Hunter and Ira I. Silverstein

Status:  Assigned to Executive on March 4, 2009.

 

 

SB0058: Amends the Property Tax Code. Provides that the alternative general homestead exemption applies on a permanent basis. Increases the maximum amount of the exemption to $40,000. Effective immediately. 

 

Sponsors: Sen. Matt Murphy

Status:  Sent to Subcommittee February 19, 2009.

 

 

SB0059:  Amends the Property Tax Code. In a Section concerning the long-time occupant homestead exemption, provides that the exemption applies regardless of whether or not the county has elected to be subject to the provisions of the alternative general homestead exemption. Effective immediately. 

 

Sponsors:  Sen. Matt Murphy

Status:  Sent to Subcommittee on February 19, 2009.

 

 

SB0081:  Amends the Illinois Income Tax Act. Requires an addition modification to base income of an amount equal to the contribution component of any nonqualified withdrawal or refund from a tuition savings program that was previously deducted from base income and that did not result from the death or disability of the beneficiary. Effective immediately.

 

Sponsors:  Sen. Michael Bond

Status:  Placed on Calendar Order of 3rd Reading March 4, 2009 on February 27, 2009.

 

 

SB0088:  Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act.  Provides that if a person files a claim for a grant or pharmaceutical assistance under the Act and represents on the claim form that (i) he or she is a surviving spouse and (ii) his or her marital status is "single", then only his or her individual income for the applicable year shall be counted in determining his or her eligibility for a grant or pharmaceutical assistance.  Effective immediately. 

 

Sponsors:  Sen. Gary G. Dahl - Christine Radogno - Dave Syverson - John O. Jones - Tim Bivins, Bill Brady, Carole Pankau, Dan Rutherford, Dale E. Risinger, Chris Lauzen, Pamela J. Althoff, Dan Cronin, Larry K. Bomke, John J. Millner, David Luechtefeld, J. Bradley Burzynski, Kirk W. Dillard and Dan Duffy

Status:  Postponed – Revenue February 19, 2009.

 

 

SB0089:  Amends the Property Tax Code. Provides that a Section authorizing property tax assessment settlement agreements also applies to petrochemical processing facilities located within a county of less than 1,000,000 inhabitants. Effective immediately.

 

Sponsors:  Sen. Gary G. Dahl

Status:  Placed on Calendar Order of 2nd Reading February 19, 2009.

 

 

SB0207:  Amends the Property Tax Code. For counties under 3,000,000 inhabitants, sets forth specific items that must be included in the notice sent to taxpayers whose assessment has changed. Requires disclosure of information concerning access to databases containing the physical characteristics of the property. Requires the board of review in those counties to make its rules and procedures publicly available, and requires the chief county assessment officer to provide a plain-English explanation of equalization factors. Effective January 1, 2010.

 

Sponsors:  Sen. Michael Bond - Chris Lauzen

Status:  Placed on Calendar Order of 2nd Reading March 4, 2009.

 

 

SB0256:  Amends the Illinois Income Tax Act. Provides that, for 5 taxable years, each taxpayer is entitled to an income tax credit for an investment in a qualified venture capital fund in Illinois. Provides that (i) the fund must have its primary office in Illinois (ii) at least 50% of the total number of investments in the fund's portfolio must be in companies that are based in Illinois. The amount of the credit is based on several factors: economic need of the region in Illinois where the investment occurs, the population of the county in Illinois where the investment occurs, whether the company invested in is an Illinois company that is minority or women owned, and whether the investment is a seed-level investment in an Illinois company. The taxpayer may receive a credit in the amount of 10% of the taxpayer's investment if the investment meets one of the factors and 20% if the investment meets more than one of the factors. But the taxpayer is not eligible for the credit until the fund makes an investment in Illinois. Provides that the tax credit may not reduce the taxpayer's liability to less than zero, but may be carried forward for 5 years. Effective immediately.

 

Sponsors:  Sen. Michael Noland

Status:  Assigned to Commerce on February 10, 2009.

 

 

SB1377:  Amends the Property Tax Code. Provides that a veteran's surviving spouse is eligible for the disabled veterans' standard homestead exemption if the veteran would have qualified for the benefit but died before October 12, 2007. Effective immediately.

 

Sponsors:  Sen. Deanna Demuzio - Susan Garrett - Kyle McCarter

Status:  Sent to Subcommittee on Property Taxes on February 27, 2009.

 

 

SB1543:  Amends the Illinois Income Tax Act. Provides for a deduction for individuals in an amount equal to the amount paid by the taxpayer during the taxable year to a public or private university, college, or community college in the State as tuition for the taxpayer's child if (i) the taxpayer has an adjusted gross income of $100,000 or less and (ii) the student maintains a grade point average of 2.75 on a 4.0 scale for the entire taxable year. Exempts the deduction from the Act's sunset provision. Effective immediately.

 

Sponsors:  Sen. Dan Kotowski

Status:  Assigned to Revenue on March 4, 2009.

 

 

SB1550:  Creates the Local Option School District Income Tax Act and amends the School Code, the State Finance Act, the Illinois Income Tax Act, and the Property Tax Code. Authorizes school districts by referendum to impose an income tax on individuals resident of the district. Provides that the income tax must be levied at a rate that will produce an amount equal to the corresponding 50% reduction in property taxes for educational, operations and maintenance, and transportation purposes. Provides for a referendum repeal of the tax. Sets forth procedures for levying and collecting the tax and for deposit of the income tax revenues. Provides for disbursement of the tax to school districts by the State Treasurer. Amends the Property Tax Extension Limitation Law to exclude from the definition of "aggregate extension" school district levies made to cover amounts lost because of the repeal of the local income tax for schools as formerly imposed by the district under the Local Option School District Income Tax Act. Amends the State aid formula provisions of the School Code. Provides that the adoption or failure to adopt a local income tax for schools and any disbursement of funds or any tax abatement required under the Local Option School District Income Tax Act shall not affect the computation or distribution of State aid for school districts. Effective immediately.

 

Sponsors:  Sen. J. Bradley Burzynski - Pamela J. Althoff

Status:  Assigned to Revenue on February 25, 2009.

 

 

SB1551:  Amends the Illinois Income Tax Act. Allows a deduction for taxpayers who are individuals, trusts, or estates in an amount equal to the amount spent during the taxable year for care at a long-term care facility, as defined under the Nursing Home Care Act. Effective immediately.

 

Sponsors:  Sen. Larry K. Bomke

Status:  Assigned to Revenue on February 25, 2009.

 

 

SB1552:  Amends the Property Tax Code. Includes disabled persons within the provisions granting an assessment freeze homestead exemption to senior citizens. Changes the name to the Senior Citizens and Disabled Persons Assessment Freeze Homestead Exemption (now Senior Citizens Assessment Freeze Homestead Exemption). Makes corresponding changes to a cross-reference to the exemption. Amends the States Mandates Act to require implementation without reimbursement. Effective immediately.

 

Sponsors:  Sen. Carole Pankau

Status:  Assigned to Revenue on March 4, 2009.

 

 

 

TOBACCO ACT

 

SB0215:  Amends the Smoke Free Illinois Act. Provides that enclosed laboratories, not open to the public, in an accredited university or government facility where the activity of smoking is exclusively conducted for the purpose of medical or scientific health-related research are not considered a "place of employment" and that smoking is allowed in these enclosed laboratories. Provides that a "retail tobacco store" includes an enclosed workplace that manufactures, imports, or distributes tobacco or tobacco products as a necessary and integral part of its business processes, provided that the involved business entity: (1) maintains a specially designated area or areas within the workplace for the purpose of the heating, burning, smoking, or lighting activities, and does not create a facility that permits smoking throughout; (2) satisfies the 80% requirement related to gross sales; and (3) delivers tobacco products to consumers, retail establishments, or other wholesale establishments as part of its business. Provides that owners of indoor public places and workplaces shall reasonably assure that smoking is prohibited. Provides that smoking is allowed in certain enclosed laboratories and common smoking rooms in long-term care facilities. Provides that the Department, State-certified local public health departments, and local law enforcement agencies shall enforce the provisions of this Act through the issuance of citations and that the citations will conspicuously include certain information. Sets forth procedures to contest a citation issued pursuant to the Act. Imposes conditions on any rulemaking authority. Makes other changes. Effective immediately.

 

Sponsors:  Sen. Terry Link

Status:  Referred to Assignments on February 3, 2009.

 

 

TRANSPORTATION

 

SB0084:  Amends the Metropolitan Transit Authority Act. Provides that a civil action against the Metropolitan Transit Authority for an injury to one's person must be commenced within one year from the date the cause of action accrues.  Effective immediately. 

 

Sponsors: Sen. Ira I. Silverstein

Status:  Postponed – Judiciary February 19, 2009. 

 

 

VEHICLE CODE

 

SB0029:  Amends the Illinois Vehicle Code. Prohibits the operation of a motor vehicle while using a wireless telephone or other mobile electronic device to send, read, or write a text-based communication.  Effective immediately. 

Sponsors:  Sen. Dan Rutherford and Chris Lauzen

Status:  Assigned to Transportation on February 10, 2009. 

 

 

SB0030:  Amends the Illinois Vehicle Code. Provides that that where traffic signals are not in place, vehicles must stop and yield to a pedestrian in a crosswalk rather than yielding the right-of-way by slowing down or stopping if need be.  Effective immediately.  Placed on Calendar

 

Sponsors:  Sen. Heather Steans

Status:  Order of 2nd Reading February 18, 2009.

 

 

SB0273:  Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message. Provides that a violation is an offense against traffic regulations governing the movement of vehicles. Sets forth exceptions.

 

Sponsors:  Sen. Michael W. Frerichs - Pamela J. Althoff

Status:  Assigned to Transportation on February 10, 2009.

 

 

SB1380:  Amends the Illinois Vehicle Code. Amends the Illinois Vehicle Code and the State Finance Act. Creates the Ducks Unlimited Fund as a special fund in the State treasury. Provides for the issuance of Ducks Unlimited license plates. Provides that in addition to the appropriate registration fees, an applicant for the special plate shall be charged a fee of $40 at original issuance and $27 at renewal. Provides that $25 of the additional original issuance fee and the renewal fee shall be deposited into the Ducks Unlimited Fund. Provides that $15 of the original issuance fee and $2 of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that, subject to appropriation by the General Assembly and approval by the Secretary of State, the moneys in the Ducks Unlimited Fund shall be paid as grants to fund wetland protection, enhancement, and restoration projects in the State of Illinois, to fund education and outreach for media, volunteers, members, and the general public regarding waterfowl and wetlands conservation, and to cover the reasonable cost for Ducks Unlimited special plate advertising and administration of the wetland conservation projects and education program.

 

Sponsors:  Sen. John M. Sullivan

Status:  Assigned to Transportation on February 18, 2009.

 

 

SB1467:  Amends the Illinois Vehicle Code. Provides that, unless some other speed restriction has been established under the Code, the maximum speed limit outside an urban district for any vehicle is 65 miles per hour. Deletes language providing that the Department of Transportation may not alter the speed limits on an access-controlled highway to exceed 55 miles per hour for vehicles of the second division weighing 8,001 pounds or more. Effective January 1, 2010.

 

Sponsors:  Sen. John M. Sullivan

Status:  Assigned to Transportation on February 25, 2009.

 

 

SB1541:  Amends the Illinois Vehicle Code. Provides that a special parking decal or device for a person with disabilities may be used by the authorized holder, rather than the special parking decal or device being the property of the person with disabilities. Removes language concerning the revocation or suspension of a person's driving privileges and revocation of disability license plates or parking decals or devices for violation of provisions concerning the unauthorized use of parking places reserved for persons with disabilities because similar language appears elsewhere in those provisions. Provides that a police officer may seize the parking decal or device from any person who commits a violation of the unauthorized use of parking places reserved for persons with disabilities provision, may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of that provision, and may seize the disability license plate upon authorization from the Secretary of State.

 

Sponsors:  Sen. Michael Bond

Status:  Assigned to Transportation on February 25, 2009.

 

 

WORKERS’ COMPENSATION

 

SB1420:  Amends the Workers' Compensation Act. Provides that the Illinois Workers' Compensation Commission may recall a decision or settlement when fraud has been determined to be committed related to the case. Provides that the Commission shall implement a rule to establish a process for recalling a decision or settlement that is subject to recall due to fraud. Provides that the fraud and insurance non-compliance unit of the Division of Insurance of the Department of Financial and Professional Regulation shall employ one or more attorneys licensed to practice law in Illinois as special prosecutors who shall initiate and prosecute any necessary criminal or civil actions in any court or tribunal of competent jurisdiction in this State. Provides that the special prosecutors may also assist State's Attorneys in prosecuting violations of this Section, without charge to the county. Provides that when the Attorney General or a State's Attorney declines to prosecute a referral from the fraud and insurance non-compliance unit of an alleged violation of this Section, the Attorney General or the State's Attorney declining prosecution shall provide in writing a response to the unit within 30 days of such decision setting forth the reasons and basis for the decision. Provides that the unit shall provide the response to the employer.

 

Sponsors:  Sen. Dale A. Righter - Tim Bivins - Dan Duffy

Status:  Postponed – Executive on February 27, 2009.