2005 LEGISLATIVE AGENDA

Sex Offenders

Lifetime Supervision of Sex Offenders: Extends term of mandatory supervised release (parole) from a fixed 2 or 3-year term to a risk-based flexible term of 3 years to natural life. Applies to the most dangerous of sex offenders convicted of predatory criminal sexual assault, aggravated criminal sexual assault, and criminal sexual assault. Requires supervision of sex offenders by specially-trained parole agents and implements reporting system to keep local law enforcement officials informed regarding sex offenders in their communities.

(Dillard/Meyer )

Proposed by the Illinois Sex Offender Registration Team (I-SORT). Makes several changes designed to improve compliance with the Illinois Sex Offender Registry Act. Changes the registration cycle for sex offenders who violate the Act from one annual registration to registration every 90 days. Enhances penalties for repeated violations of Act. Requires sex offenders without a permanent residence to check in with law enforcement weekly. Requires sex offenders to register with law enforcement within 5 days of sentencing or release from prison instead of the current 10-day grace period.

Vulnerable Adult Protection Act:  Designed to ensure the safety of senior citizens and other adults who live in nursing homes.  Requires disclosure by the Department of Corrections to local law enforcement, the agencies that regulate nursing facilities, and the nursing facilities themselves when a felony offender, including a sex offender, is placed in or resides in a nursing home.   Requires the Department of Public Health to promulgate rules to provide for the identification of offenders, risk assessment, cross-checking of offenders with the Illinois Sex Offender Registry, inclusion of safety precautions in nursing home care plans, and discharge planning for resident offenders.  Requires that nursing home facilities notify residents and/or guardians, employees and visitors to the home if felony offenders, including sex offenders, are residents of the facility.  Mandates the Department of Public Health to assess the feasibility of requiring felony offenders, including sex offenders, who are in need of skilled nursing care to be segregated from other residents and prepare a report to be submitted to the General Assembly.

Consumer Protection

(Colvin)

Truth in Auto Financing (shell bill)

HB 1525

Strengthens regulations on discount health plans or discount health cards by prohibiting the use of language in marketing materials which make it appear as if the plans are insurance plans. Improves disclosures on the cards as to participating providers and costs of associated products, safeguards health information consistent with HIPPA and requires the companies to maintain a fiduciary account or indemnity bond.

Prescription Drug Price Disclosure: Requires pharmacists to disclose, upon request of a consumer, the retail price of any brand or generic prescription drug.

Identity Theft

Creates the Personal Information Protection Act. Requires an entity that collects, maintains or uses personal customer information shall notify Illinois residents upon discovery of a breach that includes personal information. The notice provided to the consumer must be either in writing, electronic or substitute service under special circumstances. The notice must be made without unreasonable delay.

Methamphetamine

Creates the Methamphetamine Control and Community Protection Act. Dramatically improves the ability of law enforcement and prosecutors to prosecute meth manufacturers by removing meth-related crimes from the Illinois Controlled Substances Act and creating a new, dedicated statute for crimes related to the manufacture, distribution and use of methamphetamine.

Domestic Violence

( Raoul/Howard)

Expands the definition of “relocation expenses” within the Crime Victim Compensation Act to provide for the reimbursement of first months rent and security deposit for victims of domestic violence and other victims forced to leave their homes as a result of violent crime.

Labor

Strengthens Illinois’ Prevailing Wage Act by increasing criminal and civil penalties and fines for contractors who violate the provisions of the Act by underpaying workers. Increases the length of debarment period for contractors who violate the Act two or more times. Adds monetary penalty for contractors who retaliate against employees for filing prevailing wage complaints.

Public Utilities

Provides that the Attorney General is a party as a matter of right in all utility proceedings, not just electric and telecommunications proceedings.Provides for AG access to ICC files for gas and water utilities.

Telecommunications

Requires all carriers with a website to display their residential rates on the website, including all terms and conditions of their service offerings.

Requires companies that charge customers to access directory assistance to remove the recurring, monthly fee for an unlisted number unless the company brings a petition to justify the fee before the ICC.

Amends the Public Utilities Act to establish standards for the disclosure of utility-related information. Information subject to disclosure includes information about available services in an area and information aggregated by companies and regions. Creates a presumption that utility companies serve the public interest and that information about operations is public unless a specific showing of harm is made.

Limits ability of carrier to switch to a solicitation during a customer service call unless carrier first resolves consumer’s issue and obtains consumer consent to initiate the solicitation. Requires disclosure of all material terms and conditions of package service offerings.

Administrative/Clean-Up

Clean-up of Tobacco Escrow Enforcement Act of 2003. Applies the Administrative Review Act to Office of the Attorney General determinations not to list or to remove a tobacco product manufacturer or brand family in the directory.

Removes a potential inequity in existing law resulting from changes to federal estate tax; eliminates imposition of Illinois estate tax on real and tangible personal property located in other states. Furthers process of decoupling Illinois tax from federal tax to prevent further revenue loss; removes consideration of state death tax deduction in the Internal Revenue Code from computation of Illinois tax.