New Laws for 2018

State Rep. Joe Sosnowski

With the arrival of the new year comes a series of new laws enacted by the State of Illinois. This year, over 200 new laws will take effect on January 1. These include bills for small technical corrections as well as major pieces of legislation.

69th Illinois State Representative, Joe Sosnowski, highlights the following new laws:

Business Focused: 
House Bill 302; P.A. 100-0543: Finding Unclaimed Life Insurance Benefits
Requires insurers to request information sufficient to ensure all benefit or proceeds are appropriately distributed to beneficiaries of a deceased individuals’ insurance claim. Prior to the enactment of this legislation, it was the beneficiaries sole-responsibility to seek out and claim the insurance benefits.

House Bill 736; P.A. 100-0347: Small Business Grant Program
The legislation offers public-aid recipients with support and guidance in developing new start-up businesses.

Senate Bill 298; P.A. 100-0207: Consumer Fraud Prices – Services
Allows for the differentiating of service prices based on specific factors, including expertise, the amount of time devoted to the task, and the cost of providing the service. Hair salons, tailors, dry cleaners, and barbershops will be required to publicly post a service price list.

Senate Bill 2012; P.A. 100-0328: Angel Investment Credit
Angel Investment Tax Credit Program works to encourage investment in early-stage innovative companies in Illinois. Extends the credit period to December 31, 2021, with a number of changes expanding the eligibility of the program.

General:
House Bill 1805; P.A. 100-0041: Changes Organ Donor Registration Age to 16 
Applicants for driver licenses or state identification cards over the age of 16 rather than 18 have the opportunity to have their name included on the First Person Consent Organ and Tissue Donor Registry. The Secretary of State provides the parent or guardian of the donor the option to amend or revoke.

House Bill 2897; P.A. 100-0384: Helping Paws for Veterans Act
The legislation provides that veterans suffering from post-traumatic stress disorder (PTSD) or depression are now eligible to receive service dogs from the Helping Paws Service Dog Program. Also provides that military veterans with depression or PTSD are included among eligible disabilities.

Senate Bill 1722; P.A. 100-0003: Reducing Gun Violence 
Increases the minimum sentence for unlawful use of a weapon by a felon from 3-7 years to 7-14 years. Provision will sunset after five years.

House Bill 470; P.A. 100-0109: Official State Grain 
Formally designates corn as the official grain for the State of Illinois.

House Bill 2895; P.A. 100-383; Cycling 
The act declares that cycling is the official exercise of the State of Illinois.

House Bill 2965; P.A. 100-268: Payments on Overdue Mortgages 
In circumstances in which a mortgagor is in arrears by more than one month, the new law prohibits a licensee under the Residential Mortgage License Act of 1987 from refusing to accept payments offered in whole-month amounts. The law goes on to require that any such payments made must be applied to the unpaid balance in accordance with the terms of the mortgage.

House Bill 3054; P.A. 100-0034: Complaints Against a Judge
This new law requires the clerk of the court to post in the common areas of the courthouse a notice that a person may file a complaint against a judge. Furthermore, the Judicial Inquiry Board is tasked with developing a standard notice and providing the document to each clerk.

Below is a recap of more of these new laws which will be on the books next year. For more information on all the bills in the General Assembly, visit www.ilga.gov.

House Bills

Providing for taxpayer-funding of elective abortions for state employees and Medicaid recipients

Public Act 100-538, House Bill 40
Provides that taxpayer funds may be used to cover abortion costs through the state insurance program and through Medicaid for any reason, including elective abortions. Federal law prohibits the use of taxpayer funds for abortion procedures beyond issues involving rape, incest or health risks to the mother. Due to the federal Hyde amendment, Illinois will not be eligible for the 50 cents-on-the-dollar federal reimbursement for elective abortion procedures done through Medicaid.

Personal jurisdiction objections expanded

Public Act 100-291, House Bill 188
A party filing any other pleading or motion prior to the filing of a motion objecting to a court’s jurisdiction over the party’s person waives all objections to the court’s jurisdiction over the party’s person prospectively, unless the initial motion filed is a motion for an extension of time to answer or otherwise plead or a motion requesting a judgment, relief from a judgment, or relief from a default judgment. Any motion objecting to a court’s jurisdiction over the party’s person must be filed within 60 days of the court’s order disposing of an initial motion requesting a judgment, relief from a judgment, or relief from a default judgment.

Common Interest Community Act adjustments

Public Act 100-292, House Bill 189
This new law amends the Condominium Property Act and the Common Interest Community Act to permit a time limit for approval by a mortgagee or lien holder, to increase the time to appeal a board vote to 21 days, to add to the records that must be kept by association boards, to allow the combination of multiple units, and to require that any owner who objected to the sale of a building is entitled to receive from the proceeds of a sale reimbursement for reasonable relocation costs.

Home care wristlets

Public Act 100-293, House Bill 223
If necessary, nursing homes are allowed to use identification wristlets on a resident with a physician’s order. A facility may require a resident residing in an Alzheimer’s disease unit with a history of wandering to wear an identification wristlet, unless the resident’s
guardian or power of attorney directs that the wristlet be removed. All identification wristlets shall include, at a minimum, the resident’s name, and the name, telephone number, and address of the facility issuing the identification wristlet.

Police job training program

Public Act 100-331, House Bill 243
The Police Training Academy Job Training program allows any school district to establish a partnership with a local police department, county sheriff, or police training academy to establish a jobs training program for high school students. The training program is open to all students, regardless of prior academic history. The program is limited to counties with 175,000 or more inhabitants (Cook, DuPage, Lake, Will, Kane, McHenry, Winnebago, Madison, St. Clair, Champaign, Sangamon, and Peoria counties). The law also creates a scholarship fund to provide support for the police training academy job training and scholarship programs.

Law Enforcement Sexual Assault Investigation Act

Public Act 100-515, House Bill 270
The Law Enforcement Sexual Assault Investigation Act requires each law enforcement agency to have a written policy regarding the investigation of an officer-involved sexual assault. Any investigations must be conducted by at least two investigators with specialized sexual assault investigation training from either the Law Enforcement Training Standards Board or the State Police. If a complaint is made against a member of the Chicago Police Department, Chicago’s Independent Police Review Authority will conduct
the investigation.

Procurement subcontractor payment

Public Act 100-333, House Bill 284
When the Department of Transportation enters into a contract that provides for mobilization payments and the contractor is using the services of a subcontractor, the subcontract must include terms requiring mobilization payments be made to the subcontractor. There is a required schedule of mobilization payments based on the initial value of the subcontract. In construction projects, mobilization consists of preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of offices, buildings, and other facilities necessary for the work; for premiums on bond and insurance for the work; and for other operations performed or costs incurred before the beginning of work.

Finding unclaimed life insurance benefits

Public Act 100-543, House Bill 302
Requires within six months after acquisition from another insurer, the acquiring insurer shall compare all newly acquired policies, annuity contracts, or retained asset accounts that have not been compared against the Death Master File. Requires insurers to, at no later than the date of policy delivery or the establishment of an account, and upon any change of insured or beneficiary, request information sufficient to ensure that all benefits or proceeds are distributed to the appropriate persons upon the death of the insured. Provides that an insurer shall initially perform a comparison of certain policies, contracts, and accounts in force on or after January 1, 2012.Further provides that an insurer that has electronic searchable files shall perform comparisons of policies inforce at any time dating back to January 1, 2000.

Military license plate change fees waived

Public Act 100-246, House Bill 374
Starting in the 2019 registration year, any individual with a military-related license plate may change the class of their license plate upon acquiring a new specified registration without the replacement fee or registration sticker cost. This will help military members and their families concerned for their security and worried about being targeted for their special military license plates get new plates at no cost.

Click here to read entire list of New Laws for 2018