Political Subdivision Legislation - Illinois

CRIM PRO-CLOSED CIRCUIT TV Amends the Code of Criminal Procedure of 1963. Provides that whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of two-way audio-visual communication, including closed circuit television and computerized video conference under specified conditions. Provides that the two-way audio-visual communication facilities must provide two-way audio-visual communication between the court and the place of custody or confinement, and must include a secure line over which the person in custody and his or her counsel, if any, may communicate. Provides that this provision shall not be construed to prohibit other court appearances through the use of two-way audio-visual communication,[...]

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CIV PRO-CLASS ACTION-RESIDUAL Amends the Code of Civil Procedure. Provides that, in a class action, residual funds remaining in a common fund shall be distributed to one or more nonprofit charitable organizations that have a principal purpose of promoting or providing access to justice for low income residents, except that up to 50% of the residual funds may be distributed to one or more other nonprofit charitable organizations that the court approves as part of a settlement if the court finds there is good cause to do so. Provides that the new provisions shall not be construed to prevent a court, in a class action that does not create a common fund, from approving distributions to nonprofit charitable organizations that promote or provide access to justice for low income residents of the State of Illinois. Provides that the new provisions do not apply to any class action against a public entity or a public employee. Effective January 1, 2008. Senate Committee Amendment [...]

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CNTY CD-LAKE CNTY SEWER Amends the Counties Code. In a Section concerning water and sanitary facilities, provides that, in an unincorporated area of Lake County, any property or subdivision zoned for single family residential use on May 4, 2006 and located within 500 feet of a public sanitary sewer system shall have access to and the use of the sanitary sewer system. Senate Floor Amendment No. 1 Provides that, in the case of property that is located in an unincorporated area of Lake County and within 500 feet of a public sanitary sewer system, the property may be connected to that system via any public right-of-way, easement, or other property owned by the State or any municipality or political subdivision of the State. Provides that certain parties in unincorporated areas of Lake County that connect to a sanitary sewer system shall reimburse the original provider of the system for a pro rata share of the costs of construction and may utilize the system regardless [...]

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CAMPAIGN COMMUNICATION DISCLOS Amends the Election Code. With respect to the requirement that a political committee ensure that it is clearly identified in any communication aimed at voters for which it pays any part, imposes the requirement when the communication mentions the name of a candidate in an upcoming election without the candidate's permission or advocates for or against a public policy question (now, when the communication mentions the name and advocates for or against the question). Senate Committee Amendment No. 1 Adds reference to: 10 ILCS 5/16-10from Ch. 46, par. 16-1010 ILCS 5/17-16.1

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ELEC CD-NEW PARTY/INDEPENDENT Amends the Election Code. Makes the minimum nomination petition signature requirements for independent candidates the same as those for candidates of an established political party for the same office (now, larger). Makes the period for filing all independent candidate petitions the same as that for new political party candidates (now, the same as that for established political party candidates). Makes the minimum petition signature requirement for a new State political party the same as that for a State office candidate of an established political party (now, the lesser of 25,000 or 1% of the number of voters voting in the most recent general election). Makes the minimum petition signature requirement for a new local political party the same as that for an established party candidate for the local office on the slate with the highest petition signature requirement (now, 5% of the number of voters in the relevant district or political subdivision [...]

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FRINGE BENEFIT-TECH Creates the Illinois Fringe Benefit Portability Act. Contains only a short title provision. Senate Committee Amendment No. 1 Deletes everything after the enacting clause. Creates the Illinois Fringe Benefit Portability and Continuity Act. Requires that the State of Illinois, its political subdivisions, and other public employers enter into written agreements with employee health plans and labor organizations that those employers shall remit the fringe benefit allowance of applicable wage packages directly to the employee benefit plan or plans as an employer contribution for temporary and short-term employees referred by a labor organization. Senate Floor Amendment No. 2 Removes the requirement that the State and its political subdivisions and other public employers enter into written agreements with employee benefit plans and labor organizations to remit the fringe benefit allowance of the applicable wage package directly [...]

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UTILITIES-ARES REGULATION Amends the Electric Service Customer Choice and Rate Relief Law of 1997 in the Public Utilities Act. Requires the licensure of an agent, broker, or consultant engaged in the procurement or sale of retail electricity supply for third parties by the Illinois Commerce Commission. Includes provisions concerning requirements for licensure, the filing of annual reports with the Commission, and penalties for violation. Effective immediately. Senate Floor Amendment No. 1 Makes a technical correction. House Amendment No. 1 Deletes everything after the enacting clause. Reinserts the engrossed bill with the following changes. Provides that the provisions concerning the licensure of agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties by the Illinois Commerce Commission shall not apply to a retail customer that operates or manages either directly or indirectly any facilities,[...]

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PROP TX-WIND ENERGY-TECH Amends the Property Tax Code. Adds a Division concerning wind energy production to the Article concerning property valuations performed by the Department of Revenue. Contains only a heading. Senate Committee Amendment No. 1 Adds reference to: New Act20 ILCS 688/21 new35 ILCS 200/11-185 new35 [...]

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REPROD JUSTICE & ACCESS ACT Creates the Reproductive Justice and Access Act. Provides that the State or any municipality, political subdivision, or other governmental unit or agency shall not: (1) deny or interfere with an individual's right to use or refuse contraception; (2) deny or interfere with a pregnant woman's right to bear a child; (3) deny or interfere with a pregnant woman's right to terminate a pregnancy: (i) prior to the viability of the fetus or (ii) when the termination of pregnancy is necessary to protect the life or health of the pregnant woman; or (4) require any woman to terminate pregnancy without her consent. Provides that party aggrieved by conduct that violates the Act may bring a civil lawsuit in a State circuit court or as a supplemental claim in a federal district court against the offending unit of government. Provides that the State shall ensure that individuals eligible for State medicaid assistance, or other State medical assistance, receive financial [...]

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CRIM CD-EAVESDROPPING Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, with prior notification to and verbal approval of the State's Attorney or his or her designee of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to an undercover conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a felony violation of the Illinois Controlled Substance Act, a felony violation of the Cannabis Control Act, or a felony violation of the Methamphetamine Control and Community Protection Act. Provides that whenever any wire, electronic, or oral communication has been intercepted as a result of this exception that is not related to felony violations of the Illinois Controlled Substance Act, felony violations [...]

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ELECTIONS-PETITION SIGNATURES Amends the Election Code. Removes the greater nominating petition signature requirement for county offices in DuPage County (from 1.5% to 0.5% of qualified primary voters). Requires the filing of a declaration of intent to be a write-in candidate on a primary ballot no later than 7 (now, 61) days before the primary in order for votes for that write-in candidate to be counted. Makes the minimum petition signature requirement for local public questions 8% of the total votes cast for all gubernatorial candidates at the most recent gubernatorial election by the voters of the political subdivision (now, with respect to questions at elections in 2009 and later, 11% of the total ballots cast by voters in the political subdivision at the most recent regular election). House Amendment No. 1 Deletes reference to:

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HIGHWAY AD CONTROL-TECH Amends the Highway Advertising Control Act of 1971. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 1 Deletes reference to: 225 ILCS 440/2Adds reference to: 225 ILCS 440/3.12from Ch. 121, par. 503.12225 ILCS 440/6.01from Ch. 121, par. 506.01 Deletes [...]

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IMMUNITY NON-ILL MUTUAL AID Amends the Emergency Medical Services (EMS) Systems Act. Provides that emergency medical personnel from outside Illinois are not prevented from rendering requested assistance in Illinois while participating within a formal mutual aid system. Provides that immunities in the Act apply to the specified activities performed by personnel from outside Illinois (instead of providing that there is no immunity for these activities). Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that a local entity outside of Illinois, or any of its employees, providing fire and rescue services in Illinois under a mutual aid agreement with the State or a political subdivision shall have the same immunities as do public entities and employees in Illinois. Amends the Good Samaritan Act. Provides that the immunity provided for law enforcement officers, firemen, EMTs, and first responders also applies to similar employees from outside Illinois [...]

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CREDIT UNION ACT-MARKETING Amends the Illinois Credit Union Act. Provides that under specified circumstances, a credit union may determine its historical loss rate using a defined period of time of less than 5 years in determining the appropriate balance in the allowance for loan losses account. Allows a credit union to sell to persons within its field of membership negotiable checks, to sell checks and money orders, and to receive international and domestic electronic fund transfers for such persons for a fee. Allows credit unions to make first mortgage real estate loans for more than the estimated market value or appraised value of the real estate securing the loans where secured in full or in part by the insurance or guarantee of the federal government, a state government, or any political subdivision of either. Adds provisions concerning credit contracts. Effective immediately. House Amendment No. 1 Deletes [...]

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