Senate Republicans List New State Laws – 6

A listing of all new laws scheduled to go into effect on January 1, continues.

Illinois State Capitol

Illinois State Capitol

Not all measures approved by the General Assembly go into effect on the first of the year. Bills which contain a specific effective date within the language of the measure and bills that carry an “immediate” effective date can go into effect at other times of the year.

However, January 1 is the default date for a new law to become effective if there is no specific language specifying when it will become effective.

Under the Illinois Constitution, the legislature must set a “uniform effective date” for laws passed prior to June 1 of a calendar year. That uniform effective date, which is January 1, applies if the legislation does not otherwise specify when the law becomes effective.

A listing of all new laws scheduled to go into effect on January 1, follows.

Not all measures approved by the General Assembly go into effect on the first of the year. Bills which contain a specific effective date within the language of the measure and bills that carry an “immediate” effective date can go into effect at other times of the year.

However, January 1 is the default date for a new law to become effective if there is no specific language specifying when it will become effective.

Under the Illinois Constitution, the legislature must set a “uniform effective date” for laws passed prior to June 1 of a calendar year. That uniform effective date, which is January 1, applies if the legislation does not otherwise specify when the law becomes effective.

More Business, Commerce, Labor and Licensure

Labor Relations Board (SB 1830/PA 98-0535): Clarifies that the Board has the authority, but not the obligation, to set the pay rates of arbitrators and to establish suspension and dismissal procedures. A recent audit by the Auditor General found that the Board was required to set fees for the mediation panel. However, since the Board was created in 1984 it has never set the fees of the arbitrators. Instead, the arbitrators have always set their own fees. This would give the Board the ability to continue the current practice without violating the law.

Mine Electrician Licensure (SB 2255/PA 98-0543): Creates certificates of competency for mine electricians. Applicants for a certificate must have at least one year of experience of electrical work in a coal mine or related industry, and pass an exam. Defines a “qualified mine electrician” as an individual who has completed the required classroom instruction from an approved college or university and can produce evidence of at least one year of experience in performing electrical work in a coal mine or related industry. The underlying bill was a shell.

Auctioneer/Real Estate Licensure (SB 92/PA 98-0553): Allows an auctioneer without a real estate license to perform certain activities regarding a real estate auction, as long as the auctioneer holds an auction license and obtains a Real Estate Auction Certification. The bill allows auctioneers without a real estate license to participate in real estate auctions by partnering with someone who has a real estate license.

Children and Families

Redeploy Illinois (HB 2401/PA 98-0060): Allows Cook County to participate in the “Redeploy Illinois” program, and have access to “Redeploy Illinois” funds. Twenty-eight counties currently participate in the program, which provides financial incentives to keep youth in the local community rather than commit them to the Department of Juvenile Justice.

Foster Parents (HB 2659/PA 98-0249): Allows foster parents and relatives who are caregivers to challenge the Department of Children and Family Services’ (DCFS) placement of a child or children. Defines a foster parent to include a relative selected by DCFS to provide care for a minor. Also allows relatives who have been foster parents for a child to have input in a return home decision.

Child Support (HB 2473/PA 98-0417): Clarifies that persons who repeatedly fail to obey court-ordered child support can be jailed for contempt of court. In 2012, P.A. 97-0848 (HB 5434) enacted protections in response to people being jailed as a part of collection efforts. Proponents cast it as preventing people from being incarcerated for unpaid debts, but neglected to recognize that body attachments are issued for contempt of court, not for failing to pay debts. HB 2473 fixes one of the unintended consequences of P.A. 97-0848 (HB 5434).

Adoptions (HB 2809/PA 98-0455): Simplifies legal language related to foreign and interstate adoptions by Illinois residents, by ensuring that Illinois’ policies mesh with federal guidelines, and by providing changes to the adoption appeal process.

Divorce (HB 2992/PA 98-0462): Authorizes a right of first refusal to care for a minor child (or children) when the parent who has “parenting time” (i.e. time with the children) will use substitute childcare for the child (or children). Such an agreement could be reached via arbitration, collaborative law or a judicial decree. For example, if a divorced parent would need to send a child to day care or a babysitter, the other parent would have a right to instead take care of the child during that time.

Credit Report (HB 3380/PA 98-0486)
Allows the guardian of a minor child or a person with disabilities to request a security freeze on the credit report of the minor child or person with disabilities. A court order would be required for the security freeze if the minor is 18 or older.

Abused and Neglected Children (SB 1207/PA 98-0487)
: Amends the Abused and Neglected Child Act, changing the term “subject of a report” to “perpetrator” in several areas. Also clarifies the time period granted to the subject or perpetrator to request that a report be removed or a hearing held if the state does not take action.

Child Protection (SB 1686/PA 98-0532): Modifies the definition of “unfit person” to allow the use of any nine-month period to show that a parent is not making reasonable progress to correct problems that are needed before the child is returned to the home. This will give flexibility in the period of time that the parent’s behavior is being monitored so that the Department of Children and Family Services and prosecutors won’thave to wait for a second nine-month period to pass before seeking to have the parent declared unfit and proceeding to adoption.

Guardians (SB 1565/PA 98-0568): Allows for the termination of a short-term guardianship of a minor at the conclusion of specified judicial proceedings. The termination of such guardianships must be in the best interest of the minor child. All parties, including the short-term guardian, must be notified if the court vacates a short-term guardianship.


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