Legislative update

The spring session of the 94th General Assembly ended on May 4, 2006. Approximately 353 bills passed both houses of the General Assembly. The following is a listing of those bills that passed the General Assembly, have been signed by the Governor, and may be of general interest to government attorneys. If you would like to review an entire public act, please visit the General Assembly’s Web site at http://www.ilga.gov/

The General Assembly will return after the general election in November for the fall veto session. Currently, the veto session is scheduled for November 14th through 16th and November 28th through 30th.

Clean Indoor Air Act

Public Act 94-0917 (SB 2400). Amends the Illinois Clean Indoor Air Act. Allows non-home rule counties, in addition to home rule units and non-home rule municipalities, to regulate smoking in public places in a manner no less restrictive than regulation under the Act. Allows all municipalities and counties to regulate smoking in any enclosed indoor area used by the public or serving as a place of work if the area does not fall within the definition of a “public place” under the Act. Effective date: June 26, 2006.

Counties Code

Public Act 94-0862 (HB 4527). Amends the Counties Code. Provides that the $10 fee that a county may impose on each defendant on a judgment of guilty or a grant of supervision may be used to finance the county drug court, the county mental health court, or both (instead of the county mental health court only). Effective date: June 16, 2006.

County Jail Act

Public Act 94-0962 (SB 2967). Amends the County Jail Act. Provides that if a prisoner in a county jail is or has already been determined to be eligible for medical assistance under the Illinois Public Aid Code at the time the person is initially detained pending trial, the cost of such services, to the extent such cost exceeds $500, shall be reimbursed by the Department of Healthcare and Family Services. Provides that “medical expenses relating to the arrestee” do not include those expenses incurred for medical care or treatment provided to the arrestee because of a self-inflicted injury. Effective date: January 1, 2007.

Eminent Domain Act

Public Act 94-0155 (SB 3086). Establishes the Eminent Domain Act. Bans all takings under the power of eminent domain by the State or a unit of local government for private development unless certain requirements are met. Make changes to various other statutes, including the Illinois Municipal Code, Code of Civil Procedure, and the State Mandates Act. Effective date: January 1, 2007.

Fire Protection District Act

Public Act 94-0806 (HB 4960). Amends the Fire Protection District Act. Provides that notice of a hearing on a petition to disconnect certain territory from a fire protection district and transfer the territory to another fire protection district must be personally served upon each trustee of the district from which the transfer is sought to be made. Provides that, in an action to disconnect territory from a fire protection district, both the transferring and receiving districts are necessary parties. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective date: January 1, 2007.

Highway Code

Public Act 94-0884 (HB 4699). Amends the Illinois Highway Code. Provides that the roads forming a part of a township road district include those roads maintained by the district, regardless of whether or not those roads are owned by the township. Effective date: June 20, 2006.

Liquor Control Act

Public Act 94-0747 (SB 2587). Amends the Liquor Control Act of 1934. Provides that the designee of the mayor or president of the board of trustees of a city, village, or incorporated town or the designee of the president or chairman of a county board may be the local liquor control commissioner. Effective date: May 8, 2006.

Municipal Code

Public Act 94-0731 (HB 4349). Amends the Municipal Code. Changes the definition of “municipality” in the Illinois Joint Municipal Natural Gas Act, which allows 2 or more municipalities to form a municipal natural gas agency and sets forth the powers and requirements for those agencies, to include cities, villages, or incorporated towns located in any other state in the United States (instead of the State of Illinois only). Effective date: April 19, 2006.

Public Act 94-1027 (HB 0094). Amends the Illinois Municipal Code. Provides that certain zoning decisions of the corporate authorities of any municipality shall be subject to de novo judicial review as legislative decisions, regardless of whether the process of their adoption is considered administrative for other purposes. Provides that any action seeking judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. Provides that the principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions. Amends the Counties Code and the Township Code to add similar provisions. Effective date: July 14, 2006.

Public Act 94-1013 (SB 2348). Amends the Municipal Code. Allows a member of the corporate authorities of a municipality to acquire an interest in property located in a redevelopment area or a proposed redevelopment area for a period of one year after the effective date of the Act if: (i) the property is used exclusively as the member’s primary residence; (ii) the member discloses the acquisition to the municipal clerk; (iii) the acquisition is for fair market value; (iv) the member acquires the property as a result of the property being publicly advertised for sale; and (v) the member refrains from voting on, and communicating with other members concerning, any matter when the benefits to the redevelopment project or area would be significantly greater than the benefits to the municipality as a whole. Effective January 1, 2007.

Open Meetings Act

Public Act 94-1058 (SB 0585). Amends the Open Meetings Act. Redefines a “meeting” to include gatherings, whether in person or by telephone call, video or audio conference, electronic means (such as e-mail, chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business (now, a gathering of a majority of a quorum of the members of a public body held for the purpose of discussing public business). Requires that the number of public body members necessary to constitute a quorum must be physically present at an open meeting and permits participation and voting by other members by audio and video conference. Establishes an exemption for public bodies, except one with jurisdiction limited to a specific geographic area less than statewide, from the requirement of physical presence of a quorum at one location of an open meeting when the meeting is held simultaneously at one of the public body’s offices and elsewhere in one or more public buildings through an interactive video conference. Exempts certain State bodies and boards with advisory or non-binding functions from the requirement of physical presence of a quorum. Makes other changes. Effective date: January 1, 2007.

Personal Information Protection Act

Public Act 94-0947 (HB 4449). Amends the Personal Information Protection Act. Provides for notice requirements for State agencies that have a breach of security of the system data or written material. Provides that any State agency that collects personal data and has had a breach of security of the system data or written material shall submit an annual report to the General Assembly listing the breaches and outlining any corrective measures that have been taken to prevent future breaches of the security of the system data or written material. Provides that, in addition to the annual report, any State agency that collects personal data and has had a breach of security of the system data or written material shall submit a report to the General Assembly within 5 business days of the discovery or notification of the breach. Provides that, if a State agency is required to notify more than 1,000 persons of a breach of security, the State agency shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis of the timing, distribution, and content of the notices. Provides that the notification of breach of security of the system data may be delayed if an appropriate law enforcement agency determines that the notification will interfere with a criminal investigation and provides the data collector with a written request for the delay. Requires the data collector to notify the Illinois resident as soon as the notification will no longer interfere with the investigation. Provides that any State agency that collects personal data that is no longer needed or stored at the agency shall dispose of the personal data or written material it has collected in such a manner as to ensure the security and confidentiality of the material. Effective date: June 27, 2006.

Procurement Code

Public Act 95-0978 (SB 2159). Amends the Illinois Procurement Code. Requires that after awarding a contract, and subject to the Freedom of Information Act, a procuring agency shall make available for public inspection and copying all pre-award, post-award, administration, and close-out documents relating to the contract. Effective date: June 30, 2006.

Prompt Payment Act

Public Act 94-0972 (HB 5260). Amends the State Prompt Payment Act to require that the notice of defect for construction related bills or invoices must be given not later than 30 days after the bill or invoice was first submitted (instead of within that period or not later than 30 days after the receipt of the goods or services, whichever is later). Sets forth that if one or more items on a construction related bill or invoice are disapproved, but not the entire bill or invoice, then the portion that is not disapproved shall be paid. Provides that certain payments to subcontractors and material suppliers shall include interest received under the Act. Amends the Local Government Prompt Payment Act. In a section requiring the appropriate official or agency receiving goods or services to approve or disapprove a bill from a vendor or contractor within certain time periods, sets forth that if one or more items on a construction related bill or invoice are disapproved, but not the entire bill or invoice, then the portion that is not disapproved shall be paid. Requires that certain interest payments to contractors to whom payment has been delayed shall be disbursed to subcontractors and material suppliers to whom payment has been delayed, on a pro rata basis. Effective date: July 1, 2007.

School Code

Public Act 94-0902 (HB 4365). Amends the School Code. Allows cooperative high schools to receive some of the same supplementary State aid that new districts receive. Effective date: July 1, 2006.

Township Code

(Public Act 94-0841). Amends the Township Code. Deletes the sunset provision that limits, as of January 1, 2006, the authority of a township to formally request that the county board commence specified proceedings concerning demolition, repair, or enclosure of dangerous and unsafe or uncompleted and abandoned buildings that are located outside of any municipality but within the township and, if the county declines the request, that the township may commence such proceedings. Effective date: June 7, 2006.

Vehicle Code

Public Act 94-0795 (HB 4835). Amends the Illinois Vehicle Code. Provides that a governmental agency in a municipality or county may establish an automated traffic law enforcement system that produces a recorded image of a motor vehicle’s response to a traffic control signal and is designed to obtain a clear recorded image of the vehicle and the vehicle’s license plate. Provides that, except as authorized in the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act, no photographic, video, or other imaging system may be used to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event. Preempts home rule. Provides that the municipality or county may impose liability on a registered owner of a vehicle that violates the applicable law. Provides that the recorded image must also display the time, date, and location of the violation. Provides that no citation may be issued if the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle. Provides that the owner of the vehicle used in the violation is liable for the violation if the violation was recorded by the system, with exceptions. In a provision concerning failure to pay fines or penalties for standing, parking, and compliance violations and administrative adjudication of those violations, adds violations recorded by the system. Provides that a second notice of violation is not required before a final determination of liability for a violation recorded by the system may be entered. Provides that the compensation paid for the system may not be based on the amount of revenue generated or tickets issued by the system. Provides that the system may be established only in the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and in municipalities located within those counties. Deletes language providing for creation of an automated red-light enforcement system in a municipality with a population of 1,000,000 or more. Effective date: May 22, 2006.

Public Act 94-0771 (SB 2865). Amends the Illinois Vehicle Code. Provides that local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. Provides that local authorities, the Illinois Commerce Commission, and the Illinois Department of Transportation must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a Uniform Traffic Citation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides that violation of the provision is a petty offense for which a fine of $250, or 25 hours of community service, shall be imposed. Provides that a fine of $500 shall be imposed for a second or subsequent violation. Provides that the Secretary of State may suspend for not less than 6 months the registration of a vehicle involved in a second or subsequent violation. Provides that photographs from a system established under the new provision, or under the provision establishing a similar pilot program, can be made available to governmental agencies for safety analysis of the railroad crossing. Provides that a county or municipality, including a home rule county or municipality, may not use an automated railroad crossing enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed, and denies home rule powers with regard to this prohibition. Provides that, except as authorized in the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act, no photographic, video, or other imaging system may be used to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event, and preempts home rule. Effective date: January 1, 2007.