The following is the first part in a review of notable new state laws that will take effect on Jan. 1, 2019.
72-hour Waiting Period: Creates a 72-hour waiting period on all firearms, not just handguns. The bill also eliminates the current exemption from the waiting period requirements for the sale of a firearm to a nonresident of Illinois while at a recognized gun show. The bill retains the current 24-hour withholding period for stun guns and tasers. A violation of this provision would be a Class 4 felony. The bill also eliminates the current statutory exemption from the waiting period requirements for the sale of a firearm to a nonresident of Illinois while at an official gun show recognized by the State Police.
Firearms Restraining Order: Allows family members or law enforcement to petition the court for an ex parte order alleging the respondent poses significant danger of causing personal injury to himself/herself or another by having in his/her custody or control, owning, purchasing, possessing or receiving a firearm. The court may issue this order without notice to the respondent, but a hearing must be held as soon as possible and not to exceed 14 days. Allows for two types of orders: ex-parte/emergency (probable cause) and six-month orders (clear and convincing). Allows the court to issue search warrants (even in cases where the petitioner is a family member) to law enforcement to seize the weapons if there’s probable cause to believe the respondent possesses weapons.
Missing High-Risk Military Person: Adds veterans and active-duty members of the reserves and Armed Forces believed to have physical or mental health issues, related to service, to the definition of “high-risk missing person.”
Medical Records for Homeless Vets: Mandates health care facilities and practitioners provide a free copy of a homeless veteran’s medical records if the records are being requested by either the veteran or an authorized person, entity, or organization for the purpose of supporting a claim for veterans’ disability benefits.
Controlled-Substance Prescribers Continuing Ed: Requires licensed prescribers of controlled substances to complete three hours of continuing education on safe opioid-prescribing practices prior to renewing their prescription license. They can count continuing-education hours offered by an accredited professional association, a state agency, a federal agency or hours used to meet the licensing requirements of other states toward this requirement.
Emergency Opioid and Addiction Treatment Access: Specifies insurance companies/MCOs can’t require prior notification of specified inpatient and outpatient substance-use-disorder treatment. It establishes procedures for insurance companies to terminate coverage of substance-use-disorder treatment. It provides for discharge notifications to be provided to insurance companies.
Division of Alcoholism and Substance Abuse Rewrite: Makes changes to provide the foundation for subsequent policies and rules enhancing and supportive of efforts to combat the opioid epidemic and other substance use disorders. The resultant changes are created for medical and community-based organizations providing intervention and treatment. Managed care organizations and primary care providers need clear guidance on when licensure is required, and this will help ensure a standardized approach to intervention and treatment.
Human Trafficking Notice Requirements: Adds the following to the list of establishments required to post notice under the Human Trafficking Resource Center Notice Act: massage establishments; public gatherings and special events conducted on property open to the public that require the issuance of a permit from the unit of local government; public and private elementary and secondary schools; and establishments registered under the Tattoo and Body Piercing Establishment Registration Act. Provides that a business or establishment that fails to comply with the act is guilty of a petty offense, and subject to a fine of up to $500 for each violation instead of liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense.
Human Trafficking Lawsuits: Allows human trafficking survivors to bring a civil cause of action against traffickers under existing law. Allows family members, victim advocates, a court appointee or a government entity responsible for enforcing the laws of Illinois to bring an action on behalf of a victim.
Human Trafficking Victim Compensation: Adds the crime of human trafficking to the section of the act that allows for a longer reporting time frame for more vulnerable victims of crime, as it currently does for survivors of sexual assault. Trafficking victims are eligible for compensation if they are engaged in a legal proceeding involving a claim that the victim is a victim of human trafficking.
Dual Credits: Provides that qualified students can do the following: enroll in an unlimited amount of dual credit courses; and earn an unlimited amount of academic credits from dual credit courses so long as the course is taught by an Illinois instructor as provided under the Dual Credit Quality Act.
Blaze Pink: Provides that hunters may wear blaze pink during firearm deer season and upland game season.
Rear-Facing Car Seat: Requires children under the age of two to be secured in a rear-facing child-restraint system. Children weighing more than 40 pounds or taller than 40 inches are exempted.
Back-Up Vehicular Lights: Provides that a back-up lamp on a motor vehicle must emit a white or amber light without glare.
Route 66 Centennial Commission: Creates a 20-member Route 66 Centennial Commission to coordinate commemorative events to celebrate 100 years of Route 66.
Golden Parachutes: Sets severance pay conditions for government employees to attempt to prevent “golden parachutes.” States severance pay may not exceed more than 20 weeks, so compensation and severance pay must be prohibited when the employee in question has been fired for misconduct. Introduced in response to situations where severance packages have cost taxpayers millions of dollars.
Rivers Edge Redevelopment Zones: Creates an income tax credit equal to 25 percent of the qualified expenditures incurred by a qualified taxpayer undertaking a qualified rehabilitation plan of a structure located in Illinois and defined as a certified historic structure. However, IDNR shall not issue more than $15 million per year, and no more than $3 million for a given plan. Provides that the taxpayer, much like the existing program, must apply to IDNR; makes the credit carry forward for 10 years, allows for a five-year recapture period.