Liability Legislation - Illinois

ADOPT-REQUIRE HEALTH INFO Amends the Adoption Act. Provides that individual health information summaries concerning the child and each birth parent shall be filed within 14 days of the petition filing in all adoptions of unrelated minors. Provides that each preadoption investigation shall review the health summaries. Provides that health summaries shall be without any information identifying either birth parent and shall summarize significant medical, dental, and mental health information including diseases, disabilities, alcohol or drug abuse, hereditary conditions or diseases, and drugs or medications used by the birth mother during the child's pregnancy. Provides that adoptive parents or the adopted child when he or she is an adult may petition the court for the release of the summaries. Provides that no liability shall attach to anyone who provides information for a health summary or to the adoption registry (at present, liability protections only apply to the adoption registry).[...]

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CRIMINAL LAW-VARIOUS Amends the Criminal Code of 1961 and certain other Acts. Moves, adds, deletes, repeals, and changes certain provisions. Adds or changes mental states for certain offenses. Changes certain statutory evidence presumptions to permissive inferences. Repeals various Acts, adds certain provisions from those Acts to the Criminal Code of 1961 and the Consumer Fraud and Deceptive Business Practices Act, and creates the Controlled Substances Registration and Hypodermic Syringes and Needles Law, the Grain Coloring Law, the Unauthorized Sale of Certain Plants Law, the Mandatory Life Sentence Law, the Civil Liability for Certain Sex Offenses Law, the Defacing or Removing Identification Marks and Unlawful Sale of Household Appliances Law, the Odometer or Hour Meter Fraud Law, the Installation of Object in Lieu of Air Bag Law, the Fraudulent Sale of Publications Law, the Fraudulent Repair of Fire Extinguisher or Related Equipment Law, the Fraudulent Advertisements Law, [...]

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LIQUOR-RETAIL WINE SHPMNT Amends the Liquor Control Act of 1934. Sets forth additional duties of the Illinois Liquor Control Commission concerning direct wine shipments. Provides for a direct wine shipper's license. Deletes provisions (i) permitting first-class and second-class wine-maker licensees to sell wine directly to retailers and (ii) prohibiting the issuance of more than one first-class or second-class wine-maker's license to any person, firm, partnership, corporation, or other legal entity. Changes the description of a second-class wine-maker's license to allow the manufacture of between 50,000 and 150,000 gallons of wine per year (now, 50,000 to 100,000 gallons). Provides that a wine-maker's premises license shall allow a licensee who concurrently holds a second-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license up to 150,000 gallons (now, 100,000 gallons) of the second-class wine-maker's wine that is made at the [...]

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USE/OCC TAX-TEXTBOOKS-HIGHR ED Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, beginning July 1, 2007, the tax with respect to textbooks required for use at State universities and public community colleges or certain other institutions of higher learning is imposed under these Acts at the rate of 1.25% (eliminating the State's portion of the tax). Authorizes the Department of Revenue to adopt rules. Amends the State Finance Act to adjust the distribution with respect to this tax. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 105/6z-18from Ch. 127, par. 142z-18

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RECREATION LAND USE-VARIETY Amends the Recreational Use of Land and Water Areas Act. Provides that purpose of the Act is to encourage owners of land to make areas available (at present, to any individual or the public). Provides that the definition of "recreational or conservation purpose" includes conservation, resource management, exercise, education, relaxation or pleasure (at present, hunting or recreational shooting). Senate Committee Amendment No. 1 Deletes reference to: 745 ILCS 65/2 Deletes everything after the enacting clause. Amends the Recreational Use of Land and Water Areas Act. Makes a technical change in a Section concerning the short title and purpose of the Act. Senate Floor Amendment No. [...]

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NURSING & APN PRAC-EXTEND SNST Amends the Regulatory Sunset Act to change the repeal date of the Nursing and Advanced Practice Nursing Act from January 1, 2008 to January 1, 2018. Effective immediately. House Amendment No. 1 Adds reference to: 20 ILCS 1705/56from Ch. 91 1/2, par. 100-5620 ILCS 2310/2310-140was 20 ILCS 2310/55.37a20 ILCS 2310/2310-210was 20 ILCS 2310/55.62a

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INS CD - POLICY CANCELLATION Amends the Illinois Insurance Code. Provides that no company may cancel, terminate, or refuse to renew any policy of property and casualty insurance during the pendency of a claim in which the primary residence of the policyholder is or comes to be uninhabitable, unoccupied, or under construction or has yet to be permanently repaired. Provides that any of the following acts by an insurer shall constitute improper claims practice: (1) paying an appraiser, contractor, or vendor involved in providing services or estimates for appraising the value of any loss for repairing a policyholder's home; (2) compelling a policyholder as to which appraiser, vendor, or contractor the policyholder must use for the repair; (3) failing to reimburse a policyholder within 30 days after receiving proof of reimbursable out-of-pocket expenses; or (4) denying a policyholder's request for reimbursement without a written explanation within 30 days after a policyholder's request.[...]

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INS CD - POLICY CANCELLATION Amends the Illinois Insurance Code. Provides that no company may cancel, terminate, or refuse to renew any policy of property and casualty insurance during the pendency of a claim in which the primary residence of the policyholder is or comes to be uninhabitable, unoccupied, or under construction or has yet to be permanently repaired. Provides that any of the following acts by an insurer shall constitute improper claims practice: (1) paying an appraiser, contractor, or vendor involved in providing services or estimates for appraising the value of any loss for repairing a policyholder's home; (2) compelling a policyholder as to which appraiser, vendor, or contractor the policyholder must use for the repair; (3) failing to reimburse a policyholder within 30 days after receiving proof of reimbursable out-of-pocket expenses; or (4) denying a policyholder's request for reimbursement without a written explanation within 30 days after a policyholder's request.[...]

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TOLL HIGHWAY-TOLL AMNESTY Amends the Toll Highway Act. Creates an amnesty program for toll violations under which a person who has an outstanding notice of violation for toll evasion or a final order of a hearing officer for toll evasion dated before the effective date of the amendatory Act and who pays to the Illinois State Toll Highway Authority specified percentage amounts remaining due on the notice of violation or final order of the hearing officer and the full fees and costs paid by the Authority to the Secretary of State relating to suspension proceedings within the specified time period is not required to pay more than the listed percentage of the original fine amount and outstanding toll and the full fees and costs paid by the Authority to the Secretary of State relating to suspension proceedings, if applicable. Sets out the payment percentage scale. Provides that the Authority shall waive any late fine amount above the applicable percentage of the original fine amount.[...]

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AGRITOURISM-ANIMAL-LIABILITY Creates the Agritourism and Farm Animal Activity Liability Act. Makes legislative findings including that the use and exhibition of farm animals significantly contributes to the Illinois economy and these activities have inherent risks. Provides definitions for terms that include agritourism activity, agritourism and farm animal professional, and inherent risks of farm animal and agritourism activity. Provides that an agritourism and farm animal activity professional is not liable for injury to or death of a participant in an activity if the professional provided a specified written warning, did not engage in willful and wanton disregard for the participant's safety, and did not fail to warn of a known danger. Provides written warning requirements that are to be posted and included in written contracts. Provides that the failure to comply with the warning requirements prevents a professional from invoking the liability limits of the Act. Effective [...]

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INS CD-DEF DRIVING COURSE Amends the Illinois Insurance Code. Provides that the rates and premium charges for every policy of automobile liability insurance shall include appropriate reductions as determined by the insurer for any insured over age 55 upon successful completion of the National Safety Council's Defensive Driving Course or a motor vehicle accident prevention course which is found by the Secretary of State to meet or exceed the standards of the National Safety Council's Defensive Driving Course's 8 hour classroom or other alternative method (instead of only classroom) safety instruction program. Provides that any accident prevention course approved by the Secretary of State under the provision shall consist of at least 8 hours of classroom or other alternative method (instead of only classroom) of instruction or 4 hours for insured persons who have previously completed the course successfully. Effective immediately. House Amendment No. 1 Deletes [...]

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