96^th 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.

BONDS

SB2296: Amends the General Obligation Bond Act. Authorizes an additional $10,000,000,000 for making contributions to the State Employees', Teachers', State Universities, Judges, and General Assembly Retirement Systems. Effective immediately.

Sponsors: Sen. Chris Lauzen

Status: Assigned to Executive on March 4, 2009.

BUSINESS ACT

SB1978: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it shall be an unlawful practice to knowingly mail, send, or cause to be mailed an unsolicited application for a credit card to a recipient in the State unless the front of the envelope in which the application was sent contains language that allows a recipient to opt out of future unsolicited applications from the sender. Provides that it shall be an unlawful practice under the Act for a sender who has already received an opt out request from a recipient in the State to knowingly mail, send, or cause to be mailed an unsolicited application for a credit card to that recipient.

Sponsors: Sen. Dan Kotowski

Status: Assigned to Consumer Protection on 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. Mrs. 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.

SB1683: Amends the State Employees Group Insurance Act of 1971, Illinois Insurance Code, and Health Maintenance Organization Act to set forth certain reference compendia and other authoritative compendia, as identified by the Federal Secretary of Health and Human Services or the insurance commissioner, in which a drug must be recognized for the treatment of the specific type of cancer for which the drug has been prescribed. Effective immediately.

Sponsors: Sen. Deanna Demuzio

Status: Assigned to Insurance on March 4, 2009.

SB1699: Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code to provide that beginning on the effective date of the Act and continuing until January 1, 2011, neither the State nor any political subdivision thereof shall impose a new health care mandate with respect to the provisions concerning required health benefits. Preempts home rule powers. Amends the State Mandates Act to exempt from State reimbursement. Effective immediately.

Sponsors: Sen. Dave Syverson

Status: Assigned to Public Health on March 4, 2009.

SB1809: Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code to require coverage for medically necessary preventative physical therapy for insureds diagnosed with multiple sclerosis. Amends the Illinois Insurance Code. In the provisions concerning multiple sclerosis preventative physical therapy, provides a definition for "medically necessary". Amends the State Mandates Act to require implementation without reimbursement.

Sponsors: Sen. Linda Holmes

Status: Assigned to Insurance on March 4, 2009.

SB1877: Amends the State Employees Group Insurance Act of 1971, the Illinois Insurance Code, and the Health Maintenance Organization Act. Provides that a policy or plan that provides coverage for hospital or medical treatment on an expense incurred basis, may offer a reasonably designed program for wellness coverage that allows for certain incentives for participation in health behavior wellness programs that are approved or offered by the insurer or plan. Provides that wellness coverage, as defined in the Act, shall satisfy the requirements for an exception from the general prohibition against discrimination based on a health factor under the federal Health Insurance Portability and Accountability Act of 1996. Contains a nonacceleration clause. Makes other changes. Effective January 1, 2010.

Sponsors: Sen. Dan Kotowski

Status: Assigned to Insurance on March 4, 2009.

HOUSING

SB1933: Creates the Homeowners' Association Bill of Rights Act. Provides that the Act applies to common-interest communities of single-family detached homes to protect homeowners with respect to actions by their association. Defines terms. Provides for homeowner rights: to protection against foreclosure by an association except under limited circumstances; to resolve disputes with an association without litigation through a fact-finding hearing, mediation, a time to cure a violation, and other provisions; to fairness in litigation by providing for a homeowner's attorney fees and limits on an association's attorney fees; to receive information about all association rules and charges, including disclosure before a home purchase is binding; to stability in an association's rules and charges, and limits on changes to the rules and charges; to individual autonomy concerning the display of flags and signs, peaceful assembly, use of common property, and limits on association documents; to oversight of associations and directors, including open records, open meetings, open voting, elections, and recalls; to vote on association matters and seek association office; and to reasonable discharge of responsibilities by associations and directors.

Sponsors: Sen. A. J. Wilhelmi

Status: Assigned to Judiciary on March 4, 2009.

LIBRARY ACT

SB2078: Amends the Illinois Local Library Act. Provides that any nonresident, and that nonresident's immediate family, who owns taxable property within a city, incorporated town, village, or township that has established a public library is entitled the same services and benefits of the library as a resident card holder. Effective immediately.

Sponsors: Sen. Randall M. Hultgren

Status: Assigned to Local Government 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.

SB1707: Amends the Chicago Teacher Article of the Pension Code. Provides that salary received on or after July 1, 2009 for overtime, summer school, and other optional service shall be included in the calculation of salary for pension purposes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsors: Sen. Kwame Raoul

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

SB1709: Amends the Chicago Teacher Article of the Illinois Pension Code. In provisions concerning the Board of Trustees of the Public School Teachers' Pension and Retirement Fund of Chicago's power to defray health insurance costs, increases the maximum total payments for that purpose to $75,000,000 (from $65,000,000) plus any amount authorized to be paid in the preceding year that was not actually paid by the Board, including interest earned thereon. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsors: Sen. Kwame Raoul

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

SB1734: Amends the Illinois Pension Code. Creates the Illinois Public Employees' Retirement System as an investment system for the 5 State-funded retirement systems. Provides for the transfer of assets to the Illinois Public Employees' Retirement System for investment purposes from the Teachers' Retirement System of the State of Illinois, the State Universities Retirement System, and the Illinois State Board of Investments (who currently invests for the General Assembly Retirement System (GARS), the Judges Retirement System of Illinois (JRS), and the State Employees' Retirement System of Illinois (SERS). Makes other changes related to investment and the ethics of investing retirement system and pension fund assets. Amends various Acts concerning ethics and to replace references to the Illinois State Board of Investment with references to the Illinois Public Employees' Retirement System. Effective immediately.

Sponsors: Sen. Jeffrey M. Schoenberg

Status: Assigned to Executive on March 4, 2009.

SB1946: Amends the State Employee Article of the Illinois Pension Code. In provisions concerning final average compensation, provides that for a member on leave of absence without pay who purchases service credit for that period of leave, earnings are assumed to be equal to the rate of compensation in effect immediately prior to the leave. Provides that, if no contributions are required to establish service credit for the period of leave, the member may elect to establish earnings credit for the leave period within 48 months after returning to work by making the employee and employer contributions, plus interest at the actuarially assumed rate. Effective immediately.

Sponsors: Sen. Kwame Raoul

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

SB1971: Amends the Downstate Teacher Article of the Illinois Pension Code. Allows a member to establish optional credit for up to 2 years of service as a teacher or administrator employed by a private school recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing on or before June 30, 2014, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher, and (v) pays the required contribution. Effective immediately.

Sponsors: Sen. Kirk W. Dillard

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

SB2212: Amends the Illinois Pension Code. In provisions concerning Public Pension Division examinations or investigations of pension funds (i) provides that the Division of Insurance may retain attorneys, independent actuaries, independent certified public accountants, and specialists as examiners as deemed necessary by the Director of Insurance and removes language providing that the costs of these professionals shall be borne by the pension fund that is the subject of the examination and (ii) in provisions concerning the examination of downstate police and fire pension funds, provides that, beginning on December 31, 2016, the schedule of each examination shall be such that each fund shall be examined once every 5 years (was, once every 3 years). Increases the annual compliance fees with respect to a downstate police or fire pension fund from 0.02% (2 basis points) of the total assets of the pension fund, but not more than $8,000 to 0.03% (3 basis points) of the total assets of the pension fund, but not more than $12,000. Effective immediately.

Sponsors: Sen. Susan Garrett

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

SB2246: Amends the General Provisions Article of the Illinois Pension Code. Provides that the total retirement annuity, including any automatic, one-time, or other increases in that annuity, shall not ever exceed $100,000 per year. Applies only to a person who first becomes a participant on or after the effective date. Effective immediately.

Sponsors: Sen. Chris Lauzen

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.

SB1727: Amends the Illinois Procurement Code. Prohibits a State employee and the employee's spouse and minor children from having or acquiring a State contract or a direct pecuniary interest in a State contract (now, the State employee's annual compensation must exceed 60% of the Governor's compensation). Effective immediately.

Sponsors: Sen. Jeffrey M. Schoenberg

Status: Assigned to Executive on March 4, 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.

SB1855: Amends the Illinois Public Aid Code. Provides for medical assistance eligibility for persons who are: (i) age 50 through 64, or age 19 through 50 and meet certain requirements in connection with the Supplemental Security Income (SSI) program; (ii) have no medical insurance coverage; and (iii) have countable income equal to or less than 100% of the federal poverty income guidelines. Provides that these persons may be required to choose a medical home and a primary care provider. Provides that medical assistance under these provisions shall be identical to the benefits provided under the State's approved Medicaid plan, except that long-term care services shall not be covered. Requires the Department of Healthcare and Family Services to seek to maximize federal financial assistance. Effective January 1, 2010.

Sponsors: Sen. Jeffrey M. Schoenberg - Jacqueline Y. Collins

Status: Assigned to Public Health on March 4, 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.

SB1562: Amends the Illinois Income Tax Act. Increases the percentage of the earned income tax credit from 5% of the federal tax credit to 7.5% in 2009 and 10% in 2010 and thereafter. Effective immediately.

Sponsors: Sen. Jacqueline Y. Collins - Don Harmon - Carole Pankau - William Delgado - John J. Millner, Matt Murphy, Pamela J. Althoff, Gary Forby, Kimberly A. Lightford, Deanna Demuzio, Heather Steans, A. J. Wilhelmi, Michael Noland, Kwame Raoul and Ira I. Silverstein

Status: Assigned to Revenue on February 25, 2009.

SB1669: Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that, for persons dying after December 31, 2008 (now, December 31, 2009), the "State tax credit" is the amount of the federal credit for state tax allowable under the Internal Revenue Code. Effective immediately.

Sponsors: Sen. Matt Murphy

Status: Assigned to Revenue on March 4, 2009.

SB1678: Amends the Property Tax Code. In a Section concerning the Senior Citizens Homestead Exemption, provides that in all counties (now, in counties with less than 3,000,000 inhabitants), the county board may by resolution provide that if a person has been granted a senior citizens homestead exemption, the person qualifying need not reapply for the exemption. Effective immediately.

Sponsors: Sen. Matt Murphy

Status: Assigned to Revenue on March 4, 2009.

SB1681: Amends the Illinois Income Tax Act. Decreases the rate of tax on individuals and on trusts and estates from 3% to 2.85% in 2009, 2.7% in 2010, and 2.5% in 2011 and thereafter. Decreases the rate of tax on corporations from 4.8% to 4.56% in 2009, 4.32% in 2010, and 4% in 2011 and thereafter. Makes corresponding changes. Effective immediately.

Sponsors: Sen. Matt Murphy

Status: Assigned to Executive on March 4, 2009.

SB1691: Amends the Senior Citizens Real Estate Tax Deferral Act. Increases the income limitation under the Act to $55,000 (instead of $50,000) beginning in 2009. Amends the Property Tax Code. Provides that the maximum income limitation under the Senior Citizens Assessment Freeze Homestead Exemption is the income limitation set forth in the Senior Citizens Real Estate Tax Deferral Act. Effective immediately.

Sponsors: Sen. Pamela J. Althoff - Dan Duffy - Kyle McCarter and Christine Radogno

Status: Assigned to Revenue on March 4, 2009.

SB1754: Amends the Riverboat Gambling Act. In provisions concerning the distribution of privilege tax proceeds, changes provisions concerning amounts paid to Chicago State University to make certain amounts payable to the State Universities Athletic Capital Improvement Fund instead. Effective immediately.

Sponsors: Sen. Dave Syverson

Status: Assigned to Gaming March 4, 2009.

SB1775: Amends the Illinois Income Tax Act. Creates an income tax deduction for individual taxpayers in an amount equal to the qualified adoption expenses paid by the taxpayer that are related to the taxpayer's adoption of an eligible child. Provides that the deduction may be claimed only for the taxable year in which the adoption becomes final but may include qualified adoption expenses paid in prior taxable years. Effective immediately.

Sponsors: Sen. David Luechtefeld

Status: Assigned to Revenue on March 4, 2009.

SB2031: Amends the Property Tax Code. In a Section concerning the senior citizens assessment freeze homestead exemption, provides that, beginning in assessment year 2009, "income" does not include distributions from a 401(k) or other retirement account. Effective immediately.

Sponsors: Sen. Chris Lauzen

Status: Assigned to Revenue on March 4, 2009.

SB2032: Amends the Property Tax Code. Provides that the county clerk shall abate the taxes imposed on property that qualifies for the senior citizens assessment freeze homestead exemption under Section 15-172, in an amount equal to 50% of the taxes attributable to the first $200,000 market value of the residence. Provides that the State shall reimburse each taxing district for the lost revenue. Effective immediately.

Sponsors: Sen. Chris Lauzen

Status: Assigned to Revenue on March 4, 2009.

SB2046: Amends the Illinois Income Tax Act concerning the credit for wages paid to qualified veterans. Extends the credit to also apply to wages paid to qualified veterans who did not serve on active duty in Southwest Asia. Increases the amount of the credit to (i) 10% (but in no event to exceed $1,200) of the gross wages paid to qualified veterans who served on active duty in Southwest Asia and (ii) 7.5% (but in no event to exceed $800) of the gross wages paid to all other qualified veterans.

Sponsors: Sen. Dan Kotowski

Status: Assigned to Revenue on March 4, 2009.

SB2262: Amends the Illinois Income Tax Act. In a Section concerning the education expense credit, provides that tuition is not a qualified education expense. Creates the tuition expense credit. Provides that taxpayers are entitled to a credit in an amount equal to 100% of qualified tuition expenses, up to one-half of the State operating expenditure per pupil. Effective immediately.

Sponsors: Sen. Chris Lauzen and David Luechtefeld

Status: Assigned to Revenue on March 4, 2009.

SB2339: Amends the Illinois Income Tax Act. Allows individuals to deduct an amount equal to the value of real estate donated during the taxable year to an entity exempt from federal taxation under Section 501(c) of the Internal Revenue Code. Requires the taxpayer to file with his or her return an appraisal substantiating the deduction that meets the requirements for appraisals acceptable to the Internal Revenue Service to substantiate the value of real estate for federal income tax purposes. Effective immediately.

Sponsors: Sen. Chris Lauzen

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.

SB1789: Amends the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Provides that the Regional Transportation Authority must implement a single fare card system to allow senior citizens aged 65 and older who reside within the metropolitan region to use all transit services provided by the Chicago Transit Authority, the Suburban Bus Division, and the Commuter Rail Division free of charge. Sets forth certain criteria for the fare cards. Provides that it is a Class A misdemeanor for an applicant to provide false information on an application for a senior citizen fare card. Provides that the Chicago Transit Authority, the Suburban Bus Division, and the Commuter Rail Division must provide transit services free of charge to active duty military personnel who are in uniform. Effective immediately.

Sponsors: Sen. Kirk W. Dillard

Status: Assigned to Transportation on March 4, 2009.

SB1897: Amends the Illinois Vehicle Code. Changes the definition of an all-terrain vehicle to any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer's dry weight of 1,500 pounds or less (rather than 900 pounds or less), traveling on 3 or more non-highway tires (rather than low-pressure tires), designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers. Defines "recreational off-road vehicle" as any motorized off-highway device designed to travel primarily off-highway, 60 inches or less in width, having a manufacturer's dry weight of 1,500 pounds or less, traveling on 4 or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers. Provides that all provisions of the Illinois Vehicle Code that apply to an all-terrain vehicle shall apply the same to a recreational off-highway vehicle. Effective immediately.

Sponsors: Sen. William R. Haine

Status: Assigned to Environment on March 4, 2009.

VETERANS AFFAIRS

SB1837: Amends the Department of Veterans Affairs Act. Removes the provision that a veterans home resident's maintenance charges must be paid first and to the fullest extent possible from sources of income other than pensions or compensation paid by the U.S. Department of Veterans Affairs.

Sponsors: Sen. Deanna Demuzio

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

SB1838: Amends the Department of Veterans Affairs Act and the Nursing Home Care Act. Provides that if there is a conflict between the provisions of the Department of Veterans Affairs Act and the provisions of the Nursing Home Care Act concerning an Illinois Veterans Home operated by the Illinois Department of Veterans' Affairs, then the provisions of the Department of Veterans Affairs Act shall apply. Provides that an Illinois Veterans Home licensed under the Nursing Home Care Act and operated by the Illinois Department of Veterans' Affairs is exempt from certain provisions of the Nursing Home Care Act, including provisions concerning license fees, licensing by municipalities, facility plan review, annual financial statements, violations and penalties, and actions by residents for injunctive and declaratory relief. Provides that such a Home is also exempt from provisions of the Nursing Home Care Act concerning standards for facilities, so long as the Home meets the standards for similar provisions required or regulated by the United States Department of Veterans Affairs. Effective immediately.

Sponsors: Sen. Deanna Demuzio

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

HOUSE BILLS

INFORMATION ACT

HB0047: Amends the Freedom of Information Act. Exempts from the Act's copying and inspection requirements data of law enforcement agencies on the mental and physical disabilities, defects, and maladies of individuals maintained for the safety of responding law enforcement officers, the individuals, and the public.

Sponsors: Rep. Dan Brady - Monique D. Davis - David R. Leitch - Patricia R. Bellock and Mike Boland

Status: Placed on Calendar Order of 3rd Reading - Short Debate on March 3, 2009.

MARRIAGE ACT

HB0178: Creates the Religious Freedom and Marriage Fairness Act. Makes legislative findings: same-sex couples are denied equal access to civil marriage benefits; the current marriage law is discriminatory and harms same-sex couples; and there is no compelling interest or rational basis to deny same-sex couples those benefits. Provides that the Act does not interfere with any religious beliefs about marriage. Provides that the Act's purpose is to provide eligible same-sex and opposite-sex couples with the same treatment as those in a civil marriage. Provides that parties to a marriage of the same sex are included in the terms "spouse", "immediate family", "dependent", and related matters. Provides that domestic relations, probate, and family law shall apply equally to parties to a marriage of the same sex. Provides that benefits apply equally to same-sex marriages in these areas: causes of actions related to spousal status, for wrongful death, emotional distress, and loss of consortium; adoption; family leave; group insurance for State and municipal employees; accident and health insurance protections tied to former spouses and dependents; and taxes and tax deductions based on marital status. Provides that a civil marriage is prohibited between siblings or between an uncle and a nephew or an aunt and a niece. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that nothing in the Act should be construed to interfere or regulate any religious practice concerning marriage and no religion is required to solemnize a marriage to which it objects. Provides that a marriage is between 2 persons (rather than, a man and a woman) licensed, solemnized, and registered under the Act. Effective immediately.

Sponsors: Rep. Greg Harris - Deborah Mell - Sara Feigenholtz - Constance A. Howard - Harry Osterman and John A. Fritchey

Status: Assigned to Youth and Family Committee on February 4, 2009.

PENSION CODE

HB0157: Amends the Illinois Pension Code. In provisions concerning the State Employees Deferred Compensation Plan, provides that the Illinois State Board of Investment may not (i) select any life insurance or annuity contract or mutual fund, or any other investment vehicle, as an investment vehicle or (ii) enter into any contract after the effective date of the amendatory Act or make any amendment to a contract entered into on or before the effective date of the amendatory Act, unless it is first reviewed and approved by the Commission on Government Forecasting and Accountability. Effective immediately.

Sponsors: Rep. Raymond Poe - Rich Brauer - Ronald A. Wait - Richard P. Myers - Jim Watson

Status: Placed on Calendar 2nd Reading - Short Debate on February 20, 2009.

HB0302: Amends the Downstate Police Article of the Illinois Pension Code. Allows payment of a survivor's pension to the surviving spouse and children of a marriage occurring after retirement, if the surviving spouse and the deceased police officer were married for at least one year immediately preceding the date of death. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsors: Rep. Jay C. Hoffman

Status: Re-assigned to Personnel and Pensions Committee on February 11, 2009.

HB0519: Amends the Illinois Pension Code. Replaces everything after the enacting clause with the introduced bill with the following changes. Replaces language amending the alternative formula provisions in the State Employees Article with language allowing: (i) an investigator for the Office of the Attorney General to elect to establish eligible creditable service for up to 5 years of service as a police officer under the Downstate Police Article, a policeman under the Chicago Police Article, a sheriff's law enforcement employee under the Illinois Municipal Retirement Fund Article, a member of the county police department under the Cook County Article, or a police officer under the State Universities Article by filing a written election with the Board within 6 months after the effective date of the amendatory Act and paying specified contributions to the State Employees' Retirement System and (ii) a State policeman, conservation police officer, investigator for the Office of the Attorney General, or investigator for the Secretary of State to elect to establish eligible creditable service for up to 5 years of service as a person employed by a participating municipality to perform police duties, or law enforcement officer employed on a full-time basis by a forest preserve district under the Illinois Municipal Retirement Fund Article, a county corrections officer, or a court services officer under the Cook County Article by filing a written election with the Board within 6 months after the effective date of the amendatory Act and paying specified contributions to the State Employees' Retirement System. Provides that the interest rate for reinstating service under the Downstate Police, the Chicago Police, the Illinois Municipal Retirement, the Cook County, and the State Universities Articles is the actuarially assumed rate of interest (rather than interest at 6% per year). Effective immediately.

Sponsors: Rep. Daniel V. Beiser - Dan Brady

Status: Placed on Calendar Order of 3rd Reading - Short Debate on February 24, 2009.

HB0577: Amends the Chicago Teacher Article of the Illinois Pension Code. Provides for a one-time increase in certain retirement and survivor's annuities. 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 retirement system to review and report on significant changes in purchasing power. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsors: Rep. Angelo Saviano

Status: Assigned to Executive Committee on February 11, 2009.

HB0676: Amends the Chicago Teachers Article of the Illinois Pension Code. Provides that attainment of age 18 does not terminate the children's pension of a child who is disabled and was dependent upon a deceased teacher at the time of his or her death. Provides that, if there is no eligible surviving spouse or eligible child of a deceased teacher, his or her parent is entitled to a survivor's pension if he or she was dependent upon the deceased teacher at the time of his or her death. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsors: Rep. Joseph M. Lyons

Status: Assigned to Executive Committee on February 11, 2009.

HB0716: Amends the State Pension Funds Continuing Appropriation Act. Provides for appropriation of $13,000,000 on a continuing annual basis from the General Revenue Fund to the State Comptroller for deposit into the Teacher Health Insurance Security Fund in State fiscal years 2010 through 2012. Effective immediately.

Sponsors: Rep. Sidney H. Mathias

Status: Assigned to Executive Committee on February 11, 2009.

HB0732: 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: Rep. Naomi D. Jakobsson

Status: Assigned to Executive Committee on February 11, 2009.

HB1041: Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that, in July 2009, the monthly pension of a firefighter who retired before January 1, 1977 shall be recalculated and increased to reflect the amount that the firefighter would have received in July 2009 had the firefighter been receiving a 3% compounded increase for each year he or she received pension payments. In each January thereafter, provides that he or she shall receive an additional increase of 3% of the amount of the pension then being paid. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsors: Rep. Donald L. Moffitt - William B. Black

Status: Assigned to Personnel and Pensions Committee on February 18, 2009.

HB1117: 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: Rep. Jay C. Hoffman

Status: Assigned to Executive Committee on February 18, 2009.

SAFETY AWARENESS ACT

HB0249: Creates the Internet Dating Disclosure and Safety Awareness Act. Requires an online dating service provider offering services to residents of this State to disclose clearly and conspicuously, to any member who provides a billing address or a zip code in this State when registering with the provider, that the online dating provider initiates a sex offender registrant search of sex offender registrations on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a sex offender registrant search. Provides that a sex offender registrant search is conducted by searching the available updated sex offender registries in all 50 states, Washington, D.C., and Puerto Rico. Provides language concerning the disclosures. Requires that an online dating service provider that conducts sex offender registrant searches post a safety awareness notification and provides required language for that notification. Provides that failure to comply with the disclosure requirements of the Act shall constitute an unlawful business practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that each failure to provide the required disclosure constitutes a separate violation. Amends the Consumer Fraud and Deceptive Business Practices Act. Adds the Internet Dating Disclosure and Safety Awareness Act to the list of Acts that the knowing violation of which constitutes an unlawful business practice.

Sponsors: Rep. John E. Bradley - Keith Farnham - Jehan A. Gordon - Emily McAsey, Jack D. Franks, Linda Chapa LaVia, Michael K. Smith, Cynthia Soto, William Davis, Marlow H. Colvin, Edward J. Acevedo, Elizabeth Hernandez and David E. Miller

Status: Assigned to Computer Technology Committee on February 4, 2009.

TAX CODE

HB0219: Amends the Property Tax Code. In the Senior Citizens Assessment Freeze Homestead Exemption, increases the maximum income limitation from $55,000 to $75,000 for applicants who have occupied the residence for at least 5 years. Effective immediately.

Sponsors: Rep. Timothy L. Schmitz - Sidney H. Mathias - Sandra M. Pihos - Robert W. Pritchard - LaShawn K. Ford, Lou Lang, Dennis M. Reboletti, Elizabeth Coulson, Sandy Cole, Michael G. Connelly, Marlow H. Colvin, William Davis, Cynthia Soto, André M. Thapedi, Linda Chapa LaVia, Eddie Lee Jackson Sr., Daniel V. Beiser, David E. Miller, Mark L. Walker and Lisa M. Dugan

Status: Assigned to Revenue & Finance Committee on March 4, 2009.

HB0223: Amends the Property Tax Code. Provides that, beginning with the 2010 assessment year and unless otherwise stated, the maximum amount of each homestead exemption is increased over the maximum amount of that exemption for the prior year by an amount equal to the annual rate of increase, for the previous calendar year, of the Consumer Price Index for All Urban Consumers for all items, published by the United States Bureau of Labor Statistics. Effective immediately.

Sponsors: Rep. Timothy L. Schmitz - Sidney H. Mathias - Lou Lang, Sandra M. Pihos, Patrick J Verschoore and Michael G. Connelly

Status: Assigned to Revenue & Finance Committee on February 4, 2009.

HB0238: Amends the Property Tax Code. Provides that the Senior Citizens Homestead Exemption and the Senior Citizens Assessment Freeze Homestead Exemption continue if the taxpayer becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act.

Sponsors: Rep. Jil Tracy, Emily McAsey and Jehan A. Gordon

Status: Remains in Revenue & Finance Committee on February 26, 2009.

HB0255: Amends the Illinois Estate and Generation-Skipping Transfer Tax. Provides that the State tax credit for the estates of persons dying after December 31, 2005 and on or before December 31, 2009 includes a reduction for qualified terminal interest property. Provides that the trustee of a trust for which a QTIP election is made may not retain non-income producing assets for more than a reasonable amount of time without the consent of the surviving spouse. Effective immediately.

Sponsors: Rep. Elaine Nekritz - Elizabeth Coulson

Status: Assigned to Revenue & Finance Committee on February 4, 2009.

HB0294: Amends the Property Tax Code. In a Section concerning the Senior Citizens Homestead Exemption, provides that in all counties (now, in counties with less than 3,000,000 inhabitants), the county board may by resolution provide that if a person has been granted a homestead exemption under this Section, the person qualifying need not reapply for the exemption. Effective immediately.

Sponsors: Rep. Sidney H. Mathias and Al Riley

Status: Assigned to Revenue & Finance Committee on February 4, 2009.

HB0296: Amends the Property Tax Code. Provides that the alternative general homestead exemption applies on a permanent basis and increases the amount of the exemption to $60,000 for taxable year 2009 and thereafter. Effective immediately.

Sponsors: Rep. Sidney H. Mathias - Lou Lang

Status: Assigned to Revenue & Finance Committee on February 4, 2009.

HB0300: Amends the Illinois Income Tax Act. Creates a deduction for individual taxpayers who are 62 years of age or older in an amount equal to the amount the individual pays for Medicare Part B benefits during the taxable year. Provides that the deduction is available in taxable years ending on or after December 31, 2009. Exempts the deduction from the sunset provisions. Effective immediately.

Sponsors: Rep. Sidney H. Mathias - Keith Farnham - Lou Lang, Fred Crespo, Michael K. Smith, Jack D. Franks, Al Riley and Robert F. Flider

Status: Assigned to Revenue & Finance Committee on February 4, 2009.

HB0328: Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that no tax is imposed under the Acts upon the privilege of using in this State (for the Use Tax Act) or persons engaged in the business of selling at retail (for the Retailers' Occupation Tax Act) qualified merchandise that is purchased from 12:01 a.m. on the first Friday in August through midnight of the Sunday that follows 9 days later. Defines "qualified merchandise" as any article of clothing or footwear or computer that is sold at or below certain selling prices. Sets forth criteria for transactions to qualify for the exemption. Effective immediately.

Sponsors: Rep. Jack D. Franks - Sidney H. Mathias

Status: Assigned to Revenue & Finance Committee on February 4, 2009.

HB0330: Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that, for persons dying after June 30, 2007 (now, December 31, 2009), the "State tax credit" is the amount of the federal credit for state tax allowable under the Internal Revenue Code. Effective immediately.

Sponsors: Rep. Jack D. Franks and Mark L. Walker

Status: Assigned to Revenue & Finance Committee on February 4, 2009.