Illinois kicks off 2011 with an amendment to the Commemorative Dates Act designating the first full week of January as Emancipation Proclamation Week. The observance commemorates the signing of the Emancipation Proclamation in 1863 by Illinoisan President Abraham Lincoln.
The amendment creating Emancipation Proclamation Week is one of nearly 200 laws passed in 2010 that went into effect at the first of the year. The legislative agenda covered a wide array of topics from campaign finance reform to new regulations for red light traffic cameras.
To discuss how any of the following may affect you, please contact Horowitz & Weinstein.
On The Road
- License Plates – A group of laws provide for the issuing of new license plates, including “Share the Road,” “Soil and Water Conservation District,” “St. Jude Children’s Research Hospital,” and purple heart motorcycle plates. Additional fees for veteran license plates have also been eliminated.
- Revoked Driving – The Secretary of State is now required to revoke the driving privileges of any motorist convicted of unlawful operation of a motor vehicle if the accident led to death.
- Speeding – The rules for speed limit violations have been changed. Driving more than 30 MPH but less than 40 MPH in excess of the speed limit is a class B misdemeanor (up to 6 months in jail, $1500 fine). Driving 40 MPH or more in excess of the speed limit is a class A misdemeanor (up to 364 days in jail, $2500 fine) and violators cannot be given supervision.
- Red Light Cameras – The records taken by red light cameras must be reviewed by an active police officer, a retired police officer, or a technician who does not work for the company who operates the cameras. A ticket cannot be issued to a car who comes to a complete stop outside the intersection. Images of violations must be made publicly available on an official website.
- DUI – Those convicted of Aggravated DUI must serve at least 85% of their sentence. Those whose DUI resulted in grievous bodily harm, disablement or permanent disfigurement are not eligible for early release for good behavior.
- Commercial ID – The fine for commercial vehicles that do not display the name of their company on their side has been increased to not less than $500.
- Reckless Driving – The definition of reckless driving has been clarified to include driving a car unnecessarily close to pedestrians, cyclists, persons riding horses, or persons on horse-drawn vehicles.
- Intoxicated Driving Teachers – It is now classified as a moving violation to be intoxicated while serving as a driving instructor.
- Seatbelts – Drivers are required to secure the safety belts of passengers who cannot fasten seatbelts themselves.
- Fines – If someone is convicted of a traffic violation in court, the resulting fine cannot be waived.
Criminality
- New Crime: Death Concealment – It is now a crime to knowingly conceal a death or a dead body. This law was sought by law enforcement to provide a means for dealing with individuals who might conceal a death to cover up evidence of their own criminal activity.
- Lockpicks – Knowingly selling a lockpick or other device meant to break a lock, or knowingly selling a copy of a key that is intended to be used to commit a crime, is unlawful.
- 911 Calls – Making a false 911 call will now be treated as an equivalent offense to filing a false police report.
- Retail Theft – The specifics of retail theft law have been tweaked. If less than $500 is stolen, the crime is a Class A misdemeanor (up to 364 days in jail, $2500 fine). If more than $500 is stolen, it is a Class 4 felony (1-3 years in jail, up to $25,000 fine). Previously this dividing line was set at $300.
- Home Invasion – Existing laws on home invasion and burglary have been expanded to include as criminal activity misrepresenting oneself as a government official or as an employee of a utility company to gain entrance to a home.
- Tattoo/Piercing Misrepresentation – It is unlawful to misrepresent yourself as a parent or guardian of a minor trying to obtain a tattoo or piercing.
- Sexting – Electronically transmitting explicit pictures, “sexting,” has been added to the list of offenses by a minor that can land them in front of juvenile court, resulting in possible supervision and community service. This law was passed to create an alternative to bringing minors up on child pornography charges, something prosecutors were hesitant to do.
- Illegal Firearms – Any person caught carrying a loaded firearm without a valid FOID card will face a mandatory 3 year imprisonment in addition to a possible fine up to $25,000.
Government
- Campaign Finance Reform – New limits have been set on political contributions in Illinois. Political contributions donated by individuals have been capped at $5,000. Political contributions donated by corporations, labor unions, or trade associations have been capped at $10,000.
- Gubernatorial Team – The Governor and Lieutenant Governor of the State of Illinois must now run as a team. They are listed together on the petition for candidacy and on the ballot. Electors must vote for the pair. They cannot choose to vote for only one candidate.
- Primary Election – The date of the Presidential primary election in Illinois has been returned to the third Tuesday in March. In 2008, the date was moved to February to benefit Illinoisan Barack Obama.
- Corruption – If a public official is convicted of corruption, his or her campaign funds and political contributions are forfeited.
- Portraits – If a Governor is removed from office by impeachment and conviction, a portrait will not be financed by public funds. This law currently affects a single ex-Governor of Illinois, Rod Blagojevich.
- Regulation – The capacity of the Illinois Department of Health to regulate honey growers has been reduced.
- Cook County Treasurer – The Treasurer of Cook County is now required to post on its website information regarding uncashed checks issued by the County that are one year old but not more than five years old.
- Signs – Municipalities may not restrict political signage on residential property.
Employment
- Public Employees – New public employees are subject to a higher retirement age, limitations on cost-of-living adjustments when they retire, and an imposed ceiling on maximum income counted toward pensions. The amount of that ceiling is equal to the Social Security maximum, currently $106,800 (inflation adjusted).
- Credit History Discrimination – Employers are banned from asking current or prospective employees about their credit history, from obtaining reports from credit agencies about employees, and from discriminating based on credit history. An exception is made if credit history is a bona fide professional requirement of the position.
Sundry Items:
- Solar Rights – Homeowner’s associations and condominium boards may set limitations and guidelines for the installation of solar panels, but they are not permitted to prohibit homeowners or residents from installing solar panels.
- Dangerous Animals – The legal definition of “dangerous animals” in Illinois has been expanded to include all nonhuman members of the order Primate. As such, these animals may not be kept except in approved facilities.
- Braider’s License – A new professional category has joined the ranks of cosmetologist, barber, esthetician and nail technician, that of hair braider. Professional hair braiders must have a license which requires 300 hours of training among other prerequisites. A licensed cosmetologist does not need a separate license to braid hair.
- Greek Sprinklers – All newly built fraternity and sorority houses must include fire sprinklers. All existing houses must install sprinklers by 2019.
- Railroads – It is a crime to knowingly place onto railroad tracks anything that would adversely affect railroad operations.
- Marriage Trusts – A married couple who transfer their respective interests in a family residence into a revocable trust are now considered tenants by the entirety, protecting the house from being sold to satisfy debts of one of the spouses.
- Mobile Homes – A mobile home not located at a mobile home park is now taxed as real property. A mobile home park is a tract of land with the utilities and sites to accommodate five or more mobile homes.
- Powers of Attorney – Coming July 1, 2011, changes to the Illinois Statutory Property Power of Attorney and Healthcare Power of Attorney. The changes tweak numerous definitions and update terms for medical treatment. Included is a requirement for the Agent in the Property Power of Attorney to keep detailed records of all actions taken on behalf of a Principal.