Liability Legislation - Illinois

HARASS&OBSCENE COMM-MINORS Amends the Harassing and Obscene Communications Act relating to the offense of harassment through electronic communications. Provides that it is a Class 4 felony to use an electronic communication to engage in a course of conduct that consists of contact by a person at least 18 years of age at the time of the commission of the offense with a person under 18 years of age at the time of the commission of the offense in which the course of conduct demonstrates a knowing disregard for the health, safety, and welfare of the contacted person. Senate Committee Amendment No. 1 Changes the offense. Provides that a person also commits harassment through electronic communications by electronically communicating directly with another person with the intent to commit a violation of the Sex Offenses Article or Bodily Harm Article of the Criminal Code of 1961 with that person, and when the person initiating the communication is 18 years of age or [...]

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CRIM CD-SEX OFFENSES-CHILD Amends the Criminal Code of 1961. Provides that it is unlawful for a child sex offender to knowingly communicate, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age. Provides that a person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony. Provides that the offense of child photography by a sex offender applies even if the offender does [...]

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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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SCH CD REPEALS/CLEAN UP Amends the School Code. Makes changes concerning the Professional Development Block Grant; a census for special education; the missing child program; the school technology program; special education transition goals, supports, and services; the definition of "children of limited English-speaking ability"; a school board's power to levy a tax or to borrow money and issue bonds for fire prevention, safety, energy conservation, disabled accessibility, school security, and specified repair purposes; tuition of children from orphanages and children's homes; renewal of a standard teaching certificate; a course dealing with the content of the Illinois Vehicle Code; and driver education reimbursement. Repeals provisions concerning remitting the forfeiture of the school fund by a township that has failed to make required reports, summer school grants for remedial education, arts program grants, recognition of drug-free schools and communities, grants for drug-free [...]

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INC TX-HEALTHY WORKFORCE CR Amends the Illinois Income Tax Act. Creates an income tax credit for employers who pay costs in connection with a qualified wellness program. Provides that the amount of the credit is 50% of those costs per year up to $200 per employee for the first 200 employees and $100 per employee for the remaining employees. Sets forth the requirements for qualified wellness programs. Provides that the credit may not be carried forward or back and may not reduce the taxpayer's liability to less than zero. Effective immediately. House Amendment No. 1 Deletes reference to: 35 ILCS 5/218 newAdds reference to:

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VEH CD-ACCIDENT REPORT-$1,500 Amends provisions of the Illinois Vehicle Code requiring a driver involved in an accident to forward a written accident report if the accident resulted in property damage in excess of $500. Changes the minimum property damage amount from $500 to $1,500. Provides for optional reporting of an accident resulting in property damage in excess of $500 but not more than $1,500. Makes corresponding changes in provisions regarding posting of security by certain drivers involved in accidents. House Amendment No. 1 Deletes reference to: 625 ILCS 5/7-301 Deletes everything after the enacting clause and re-inserts similar provisions, with the exception of provisions concerning the applicability of an [...]

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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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