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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 70

839

Producer Licensing

Amends the Insurance Code. Increases the number of hours a person must complete in a pre-licensing course of study for an insurance producer license. Provides that before each license renewal, an insurance producer must satisfactorily complete certain hours of course study and certain hours must consist of classroom ethics instruction. Specifies that the pre-licensing course of study must be before the insurance exam. Effective date: January 1, 2010.

HB 71

130

Distracted Driving

Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message. Defines electronic communication device. Sets forth exceptions. Excludes global positioning or navigation systems from the definition. Allows a driver to use an electronic communication device while parked or stopped due to traffic and the vehicle is in neutral or park. Effective date: January 1, 2010.

HB 72

131

Distracted Driving

Amends the Vehicle Code. Provides that a person, regardless of age, may not use a wireless telephone while operating a motor vehicle on a roadway in a school speed zone or on a highway in a construction or maintenance speed zone, except for a person engaged in a highway construction or maintenance project when the person is using a wireless telephone in furtherance of that project, specified emergencies, and when the phone is in voice-activated mode. Effective date: January 1, 2010.

HB 253

502

Vehicle Seizure, Forfeiture

Amends provisions of the State Vehicle Code making vehicles subject to seizure and forfeiture under specified circumstances. Provides that a person's vehicle is subject to seizure and forfeiture when the person is cited for the offense of driving while driving privileges are revoked. Effective date: January 1, 2010.

HB 312

35

Construction Defects

Makes appropriations and reappropriations for specified purposes. Effective date: July 1, 2009.

HB 370

143

Traffic Offenses

Amends the State Vehicle Code; provides that a person commits the offense of operation of an uninsured motor vehicle causing bodily harm when the person operates a motor vehicle in violation of provisions of the Vehicle Code requiring certain motor vehicles operated on public highways to be covered by a liability insurance policy and causes bodily harm to another person as a proximate result of the driver's uninsured operation of the motor vehicle. Effective date: January 1, 2010.

HB 394

145

State Regulation

Provides that every property and casualty insurance company in this State, unless otherwise exempted by the Director of Insurance, shall annually submit a statement of actuarial opinion to be filed in accordance with National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions. Provides that the actuary shall not be liable for damages for any act, error, omission, decision, or conduct with respect to theirs opinion, except in cases of fraud or willful misconduct. Effective date: August 7, 2009.

HB 418

560

Credit Information

Amends the Use of Credit Information in Personal Insurance Act. Provides that if an insurer denies, cancels or does not renew a policy of personal insurance based on credit information, the insurer must provide an affected party with an explanation and give the party an opportunity to explain the credit information. Provides a public utility must also give an affected party an opportunity to explain the credit information if it cancels, denies or does not renew service. Exempts telecommunications utilities. Effective date: August 18, 2009.

HB 490

167

Identity Theft

Amends the Illinois Insurance Code. Requires the Department of Financial and Professional Regulation to develop an appropriate consumer fact sheet to be provided to consumers, either via the Department's website or by hard copy if requested, regarding identity theft insurance. Provides that the fact sheet shall include at a minimum, information on what is generally covered under identity theft insurance and on how to protect ones self from identity theft. Effective date: January 1, 2010.

HB 648

658

Traffic Study

Amends existing law which requires, as part of a traffic stop statistical study, the recording of specified information when a uniform traffic citation or warning citation is issued. Extends the repeal date of the study. Effective date: January 1, 2010.

HB 797

665

Towing Issue

Amends the Vehicle Code. Relates to exemptions from registration for certain qualified agricultural vehicles. Provides that an exempt vehicle is not prohibited from towing another vehicle if the towed vehicle does not exceed a specified weight and meets certain other criteria. Effective date: January 1, 2010.

HB 914

184

Traffic Offenses

Amend the Vehicle Code. Provides that the decision whether to rescind an implied consent suspension is based upon the totality of the evidence in a hearing which the Secretary of State has jurisdiction based on implied consent to testing of the person's blood, breath, or urine for the presence of alcohol, drugs, or intoxicating compounds. Adds the offense of aggravated fleeing or attempt to elude a peace officer to the list of violations punishable by suspension of a Monitoring Device Driving Permit. Effective date: August 10, 2009.

HB 931

544

Commercial Motor Vehicles

Prohibits a person from driving a commercial motor vehicle on a highway if such person's driving privilege or license is subject to, or in violation of, a driver or vehicle out of service order while transporting a certain number of passengers or transporting hazardous materials. Exempts the drivers of vehicles used in the transportation of propane winter heating fuel or used to respond to pipeline emergencies from licensing requirements during an emergency. Increases certain penalties. Effective date: January 1, 2010.

HB 1088

195

Radon

Amends the Radon Industry Licensing Act. Prohibits any person from selling a device in this State to detect the presence of radon or radon progeny in the indoor atmosphere without prior approval of the device from the Agency. Requires all electronic radon detection devices sold in this State to be calibrated to ensure the accuracy and precision of their measurements of radon and radon progeny. Creates the Radon-Resistant Building Codes Task Force to make recommendations concerning the adoption of rules. Effective date: August 10, 2009.

HB 1115

811

State Regulation

Amends the Department of Insurance Law of the Civil Administrative Code. Abolishes the Division of Insurance within the Department of Financial and Professional Regulation and creates the Department of Insurance. Transfers all the powers, duties, rights, and responsibilities of the Division of Insurance within the Department of Financial and Professional Regulation to the Department of Insurance. Effective date: July 1, 2009.

HB 1175

256

Fire Sprinklers

Amends the Fire Sprinkler Contractor Licensing Act that provides that, in a provision concerning inspections of existing fire sprinkler systems and control equipment, a copy of the inspection report must be forwarded to the local fire department or fire protection district in which the sprinkler system is located. Specifies that the entity performing the inspection must forward that copy of the inspection report. Effective date: January 1, 2010.

HB 2439

278

Radon Hazards

Amends the Radon Awareness Act. Relates to the Disclosure of Information on Radon Hazards form. Requires sellers of residential property to disclose, among other things, either that they have no knowledge of elevated radon concentrations or that prior elevated radon concentrations have been mitigated or remediated. Effective date: August 11, 2009.

HB 2455

279

Low-Speed Vehicles

Amends the Vehicle Code. Defines a non-highway vehicle as a motor vehicle not specifically designed to be used on a public highway, including an all-terrain vehicle, a golf cart, a neighborhood vehicle, and an off-highway motorcycle. Specifies the standards that apply to the operation of a non-highway vehicle on a street, road, or highway. Provides that non-highway vehicles are subject to mandatory insurance provisions. Repeals certain provisions that apply to non-highway vehicles. Effective date: January 1, 2010.

HB 2649

289

Traffic Offense

Amends the Vehicle Code. Provides that a person is guilty of a non-probationary Class 3 felony when the person is convicted of driving under the influence of alcohol or drugs and has previously been convicted of reckless homicide or a similar provision of a law of another state in which the person was determined to have been under the influence of prohibited substances. Relates to a motor vehicle, snowmobile, all-terrain vehicle, or watercraft DUI accident that resulted in the death of another person. Effective date: August 11, 2009.

HB 2664

576

Traffic Offense

Amends the Vehicle Code, the State Finance Act, and the Clerks of Courts Act. Increases the fine for an excessive idling violation for the first conviction and increases the fine for a second or subsequent conviction within a specified period. Changes how the fines collected shall be distributed. Provides alternate distribution procedures for circuit clerks for excess idling violations. Creates the Trucking Environmental and Education Fund for air pollution and idling education of the trucking industry. Effective date: August 18, 2009.

HB 2750

519

Homemade Trailer Titles

Provides that an application for a certificate of title for a homemade trailer must be accompanied by the appropriate documentation regarding the source of materials used in the construction of the trailer, as required by the Secretary of State, the trailer must be inspected by a Secretary of State investigator prior to the issuance of the title, and upon approval of the Secretary of State, the trailer must have a vehicle identification number stamped or riveted to the frame. Effective date: January 1, 2010.

HB 3325

815

Tinted Windows

Modifies requirements with regard to tinted film on windows on either side of a driver. Deletes a front windshield exemption for persons afflicted with or suffering from a medical illness, ailment, or disease. Deletes an exemption to certain window obstruction provisions for motor vehicles manufactured prior to a specified date. Provides penalties for first and subsequent offense for an installer to install window treatment on motor vehicles that do not have specified license plates or stickers. Effective date: November 3, 2009.

HB 3832

697

Carrier Transportation Contracts

Amends the Vehicle Code. Makes void and unenforceable any provision, clause, covenant or agreement affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless the promisee from or against any liability for loss or damage resulting from negligence. Provides exceptions for certain agreements providing for the interchange, use, or possession of intermodal chassis or equipment under the Uniform Intermodal Interchange and Facilities Access Agreement. Effective date: August 25, 2009.

HB 3889

309

Towing Issue

Amends the Illinois Vehicle Code. Provides that a tower legally residing in a county not subject to the provisions of the Illinois Commercial Safety Law may operate in a county that is subject to that law for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides. Effective date: January 1, 2010.

HB 3987

778

Energy Efficient Building Act

Changes the name of the Energy Efficient Commercial Building Act to the Energy Efficient Building Act to apply the act to all buildings. Provides that the Capital Development Board must adopt the specified energy conservation code as the minimum requirements for commercial buildings and as the minimum and maximum requirements for construction of residential buildings. Authorizes certain municipalities to more stringently regulate residential building energy efficiency. Provides exemptions. Effective date: August 28, 2009.

HB 4013

313

Vehicle Forfeitures

Amends the Criminal Code of 1961. Provides that any vessel, vehicle, or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit, theft if the theft is of precious metal or of scrap metal is subject to seizure and forfeiture. Effective date: January 1, 2010.

HB 4327

530

Window Tinting

Amends the State Vehicle Code. Provides that a person may not install or repair any sign, poster, window application, reflective material, nonreflective material, or tinted film upon the front windshield, sidewings or side windows immediately adjacent to each side of the driver. Establishes penalties for violations. Provides that the Secretary of State shall post such requirements on the Secretary's official website. Provides exceptions. Effective date: January 1, 2010.

HB 4638

847

Private Alarm Contractors

Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Concerns the qualifications for licensure as a private alarm contractor. Makes changes with regard to experience requirements. Provides that emergency communication systems, mass notification systems, and other electronic systems designed for the protection of life are included under the definition of alarm system. Exempts certain persons from employee registration requirements. Effective date: January 1, 2010.

SB 236

125

Electric Bicycles

Amends the Vehicle Code. Defines a low-speed electric bicycle and a low-speed gasoline-powered bicycle. Excludes both vehicles from the definition of motor vehicles. Removes the requirement that a person have a current state driver's license to operate an electric bicycle. Requires an operator to be at least sixteen years of age. Prohibits operation on a sidewalk. Effective date: January 1, 2010.

SB 243

202

Vehicle Compartments

Amends the Vehicle Code. Provides that it is unlawful for any person to own or operate with criminal intent any vehicle known to contain a secret compartment used to conceal a firearm or controlled substance. Provides that a vehicle containing a secret compartment and the items within the compartment may only be seized by a law enforcement agency if the compartment is used in violation of law. Includes any private or commercial car, truck, bus, aircraft or watercraft. Effective date: January 1, 2010.

SB 1450

220

Vehicle Loads

Amends the Vehicle Code to change the maximum width for a motor vehicle or its load on the highways of this State to 8 feet, 6 inches wide. Provides exceptions. Effective date: January 1, 2010.

SB 1632

334

Title Insurance

Amends the Insurance Code. Provides that the provision concerning companies not subject to the Code applies to companies organized or doing business under the Title Insurance Act. Provides that the amendatory Act is a statement and clarification of existing law. Makes other changes. Relates to regulation of nonprofit hospital service corporations. Effective date: January 1, 2010.

SB 1705

727

Workers’ Compensation

Amends the Downstate Firefighters and Chicago Firefighters Articles of the Pension Code. Permits the transfer of certain service credits. Revises provisions requiring that a disabled fireman who is receiving a duty, occupational disease, or ordinary disability benefit be examined annually. Allows the Firemen's Annuity and Benefit Fund of Chicago to seek damages for the recovery of disability or death benefits from civilly liable persons. Allows certain police officers to transfer creditable service. Effective date: August 25, 2009.

SB 1866

653

Low-Speed Vehicles

Amends the Vehicle Code. Defines a low-speed vehicle as any 4-wheeled vehicle with a specified maximum speed that conforms with federal motor vehicle safety standards set forth for that vehicle. Establishes the fee for a certificate of title for a low-speed vehicle. Removes a requirement that the Secretary of State issue distinctive license plates. Requires drivers have drivers' licenses. Specifies that the signs posted to prohibit the use of low-speed vehicles on streets must be in conformance. Effective date: January 1, 2010.

SB 1897

428

All-Terrain Vehicles

Amends the Vehicle Code. Changes the definition of an all-terrain vehicle to any motorized off-highway device designed to travel primarily off-highway, a specified number of inches in width, having a manufacturer's dry weight of a specified number of pounds, traveling on 3 or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers. Provides for size and weight of recreational off-highway vehicles. Effective date: August 13, 2009.

SB 1958

487

Customized Vehicles

Amends the Illinois Vehicle Code. Changes the definitions of custom vehicle and street rod in the Illinois Vehicle Code to exclude certain vehicles that have been certified by an inspector of the National Street Rod Association. Provides that upon initial application for title and registration as a custom vehicle or street rod, the owner must have the vehicle inspected by the Secretary of State Department of Police. Effective date: January 1, 2010.

SB 2111

645

Title Insurance

Amends the Title Insurance Act. Provides that a title insurance company, title insurance agent, or independent escrowee shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless funds in an aggregate amount of a specified sum or greater are good funds or collected funds. Effective date: January 1, 2010.

SB 2217

740

Driver Education

Amends the definition of an approved driver education course to include any driver education course given at an approved Department of Defense Education Activity school that is taught by an adult driver education instructor or traffic safety officer. Sets forth requirements to operate an enhanced skills driving facility and standards for the Secretary of State to deny, cancel, suspend or revoke, renew, or refuse to renew enhanced skills driving school licenses. Defines enhanced skills driving school. Effective date: August 25, 2009.