This is an updated list of bills for the Spring
2004 session that Illinois NOW is monitoring. This is the list that we will be
lobbying on our March 24 Lobby Day.
Civil Rights
Bill # Sponsor Title
of Bill
SB3211 Harmon Right to Breastfeed Act
Creates the Right to Breastfeed Act Senate
2nd Reading
SB2597 Ronen
Human Rights-Sex Orientation
Amends the Human
Rights Act. Provides that nothing in the Act shall be construed as requiring any
employer, employment agency, or labor organization to give preferential
treatment or special rights or implement affirmative action policies or programs
based on sexual orientation. Provides that discrimination against a person
because of his or her sexual orientation constitutes unlawful discrimination
under the Act. Provides that it is a civil rights violation to engage in
blockbusting in real estate because of the present or prospective entry of
persons with a particular sexual orientation into the vicinity. Provides that
the owner of an owner-occupied residential building with 5 or fewer units is not
prohibited from making decisions regarding whether to rent to a person based
upon that person's sexual orientation. Defines "sexual orientation". Provides
that an employer, employment agency, or labor organization is not prohibited
from enforcing a reasonable dress code. Senate Rules
SB2878
Sandoval Human Rights-Attorney General
Amends the Illinois
Human Rights Act. Provides that the Attorney General may commence a civil action
in the name of the People of the State of Illinois as parens patriae to enforce
the Act. Provides for venue and limitations. Provides that remedies are
available to the Attorney General to the same extent that remedies are available
to an aggrieved party, and that, in addition to those remedies, the court shall
award the State, as monetary relief, 3 times the amount of profits that accrued
to the respondent by reason of the act, conduct, practice, or system challenged
in the action, plus costs and a reasonable attorney's fee as determined by the
court. Provides that the court shall: require that damages for injuries
sustained by persons other than the State be paid to those persons (with certain
exceptions) to the extent they are identifiable and there is a practicable
method for making the payment; and direct that damages that cannot practicably
be paid to injured individuals shall be paid to the State. Provides for notice
by publication or other means to aggrieved parties who may be bound by the
court's judgment in the Attorney General's action and the right of any aggrieved
party to elect to exclude his or her claim from adjudication. Provides that the
Attorney General may intervene as parens patriae on behalf of persons in civil
actions brought by aggrieved individuals under the Act. Effective immediately.
Senate 2nd Reading
SB2946
Harmon
IL
Civil Rights Act of 2003
Provides that any party aggrieved by conduct that violates the Act may bring a
civil lawsuit in federal or State circuit court (instead of just a State circuit
court). Provides that any State claim brought in federal district court shall be
a supplemental claim to a federal claim. Provides that the court may grant as
relief any permanent or preliminary negative or mandatory injunction. Removes
language concerning punitive damages.
Senate 2nd Reading - amended NOW
OPPOSED
HB3980 Bellock
Human Rights-Sex Harassment- Education
Amends provisions of the Illinois Human Rights Act
prohibiting sexual harassment in higher education so that they also apply to
sexual harassment in elementary schools and high schools. Effective immediately.
House 2nd Reading
HB4275
Millner Crim Code-Unauthorized Taping
Amends the Criminal Code of 1961. Provides
that the offense of unauthorized videotaping consists of knowingly making a
video record or transmission of live video made in violation of the statute
(rather than videotaping, photographing, or filming). Exempts from a violation
the making of a video record or transmission of live video in a locker room by a
reporter or news medium, where the reporter or news medium has been granted
access to the locker room by an appropriate authority for the purpose of
conducting interviews. Provides that it is unlawful for any person to place or
cause to be placed a device that makes a video record or transmits a live video
in violation of the statute. Provides that it is unlawful for any person to, by
any means, knowingly disseminate, or permit to be disseminated, a video record
or live video that he or she knows to have been made or transmitted in violation
of the statute. Establishes penalties for these violations. House 3rd
Reading-amended
Economic Justice
HB
4439 Yarbrough Human Rights-Source of Income
Amends the Illinois Human
Rights Act. With respect to real estate transactions, prohibits discrimination
on the basis of source of income. Effective immediately.
House 2nd Reading
SB2579 Obama Hospital
Discriminatory Pricing
Creates the Hospital Discriminatory Pricing
Reform Act and amends the Hospital Licensing Act. Requires every hospital to
develop an "assistance to the uninsured" policy specifying how the hospital will
determine the financial liability for services rendered to uninsured patients.
Requires that the policy address charity care. Requires notice of the policy to
patients. Limits debt collection activities by a hospital. Provides that a
violation of the Hospital Discriminatory Pricing Reform Act may subject a
hospital to suspension or revocation of its license. Also provides for civil
penalties and for a private right of action. Effective immediately. Senate
2nd Reading
SB2900
Garrett DHS-TANF-Child Care Rates
Amends the Illinois Public Aid Code. Requires the
Department of Human Services, in consultation with its Child Care and
Development Advisory Council, to develop a comprehensive plan to revise the
State's rates for the various types of child care provided for TANF recipients.
Requires completion of the plan by September 30, 2004. Effective immediately.
Passed Senate - House 1st Reading
SB2962 Jones,
E. Women Business-Extend Repeal
Amends the Women's
Business Ownership Act. Provides that the Act is repealed on September 1, 2025
(now September 1, 2025). Effective immediately. Senate 2nd Readg
SB3037
Trotter Public Aid-Federal Funding TANF
Amends the State
Finance Act and the Illinois Public Aid Code. Provides that federal funds
received by the Illinois Department of Human Services under Title IV for
Temporary Assistance for Needy Families as reimbursement for expenditures made
from the Illinois Department of Children and Family Services (DCFS)
appropriations for costs of providing services in behalf of DCFS clients shall
be deposited quarterly into the DCFS Children's Services Fund in amounts
specified by interagency agreement between both agencies and the Governor's
Office of Management and Budget. (Under current law, 80% of those federal funds
shall be deposited into the DCFS Children's Services Fund.) Effective
immediately. Senate 2nd Reading
HB
4870 Kelly Public Aid-Child Care Rates
Amends the Illinois Public Aid Code. In
provisions concerning child care for TANF recipients, provides that beginning
July 1, 2004, the rates paid by the Department of Human Services to all
providers of child care services who are licensed under the Child Care Act of
1969 shall be increased by an amount equal to 2% of the rates in effect on June
30, 2004. Effective July 1, 2004. House 2nd Reading
Family Law
SB2496
Cullerton
Adoption Act-Consents
Amends the Adoption
Act. Provides that the sole purpose of notice shall be to enable the person
receiving the notice to appear in the adoption proceedings to present evidence
to the court relevant to whether the consent or surrender of the person to the
adoption is required by the Act (instead of to present evidence to the court
relevant to the best interests of the child). Provides that, if the court
determines that the consent or surrender of the person is not required, then the
person shall not be entitled to participate in the proceedings or to any further
notice of the proceedings.
Senate 2nd Reading
SB2690 Crotty
Child Support-Unpaid Arrearage
Amends the Illinois Public Aid Code,
the Illinois Marriage and Dissolution of Marriage Act, the Non-Support
Punishment Act, the Income Withholding for Support Act, and the Illinois
Parentage Act of 1984. Provides that if there is an unpaid arrearage or
delinquency equal to at least one month's support obligation on the termination
date stated in the order for support or, if there is no termination date stated
in the order, on the date the child attains the age of majority or is otherwise
emancipated, then the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically continue to be an
obligation, not as current support but as periodic payment toward satisfaction
of the unpaid arrearage or delinquency. Provides that the periodic payment shall
be in addition to any periodic payment previously required for satisfaction of
the arrearage or delinquency. Provides that each order for support entered or
modified on or after the effective date of this amendatory Act must contain a
statement notifying the parties of these requirements. Makes other changes.
Effective July 1, 2004. Senate 2nd Reading
SB2895 Martinez
Marriage Act-Child Support
Amends the Illinois Public Aid Code.
Requires the Child and Spouse Support Unit to establish the Child Support
Military Modification program that shall provide for modification of child
support paid by any member of the National Guard or Reserves of the United
States Armed Forces called up to military active duty for more than 30
continuous days. Requires the Illinois Department of Public Aid to publish and
distribute a publication reasonably calculated to inform members of the National
Guard and the Reserves of the United States Armed Forces of the Child Support
Military Modification Program. Effective immediately. Senate 2nd Readg-
NOW OPPOSED
Reproductive Rights/Women's Health
SB2581 Obama
Health Care Justice Act
Creates the Health Care Justice Act. Provides that by July 1,
2007, the State of Illinois shall implement a health care access plan that
provides access to a full range of preventive, acute, and long-term health care
services and contains other features. Establishes the Adequate Health Care Task
Force with members appointed by the Governor. Provides for public hearings and
requires a final report from the Task Force by March 15, 2006. Requires
enactment of legislation by December 31, 2006. Effective July 1, 2004.
Senate 2nd Reading-amended
SB2729
Martinez
Med Prac-Pelvic Exams
Amends the Medical Practice Act of 1987. Provides that a
physician or a student undertaking a course of professional instruction or a
clinical training program may not perform a pelvic examination on an
anesthetized or unconscious female patient unless (1) the patient gave informed
consent to the pelvic examination, (2) the performance of a pelvic examination
is within the scope of care for the surgical procedure or diagnostic examination
to be performed on the patient, or (3) in the case of an unconscious patient,
the pelvic examination is required for diagnostic purposes.
Senate 2nd Reading
HB6577
Feigenholtz Emergency Contraception Drugs
Amends the Pharmacy Practice Act of
1987 and the Illinois Food, Drug and Cosmetics Act to allow pharmacists to
initiate emergency contraception drug therapy without a prescription. Requires
the pharmacist to provide the recipient of the emergency contraception drugs
with a standardized fact sheet. House 2nd Reading
Violence Against Women
SB2495
Cullerton Order of Protection (ICADV Bill)
Amends the Code of Criminal
Procedure and the Illinois Domestic Violence Act. Requires that, in an emergency
order of protection and an interim or plenary order of protection, specified
language be stated. Senate 2nd Reading
HB4288
Poe Crim Corr DV-Fine
Amends the Unified
Code of Corrections. Increases the domestic violence fine and the sexual assault
fine from $100 to $200. House 2nd Reading
HB4424 Osterman
Sexual Assault Evidence
Amends the Sexual Assault Survivors Emergency Treatment Act and
the Unified Code of Corrections. Provides that the statewide sexual assault
evidence collection program shall also consist of comparing the collected
evidence from a sexual assault with the genetic marker grouping analysis
information maintained by the Department of State Police and with the
information contained in the Federal Bureau of Investigation's National DNA
database for the purpose of identifying and assisting in the prosecution of a
person suspected of committing a sexual assault. House 2nd Reading
HB 4538
Bailey Crim Cde-Harassing Witness (ICADV Bill)
Amends the Criminal Code of 1961. Provides that
the offense of harassing a witness also applies to the harassment of a person or
the family member of a person who was expected to serve as a witness but who was
not called as a witness because the defendant pleaded guilty to the offense
charged or because the charges against the defendant were dismissed. Effective
immediately. House 2nd Reading
HB4739 Lyons Crim Cde-Sexual Assault (ICASA
Bill)
Amends the Criminal
Code of 1961. Eliminates the provision that a prosecution of a spouse of a
victim for any violation by the victim's spouse for criminal sexual assault,
aggravated criminal sexual assault, criminal sexual abuse, or aggravated
criminal sexual abuse is barred unless the victim reported the offense to a law
enforcement agency or the State's Attorney's office within 30 days after the
offense was committed, except when the court finds good cause for the delay. House
2nd Reading
HB4771
Dugan Crim Cde-Sex Assault
Amends the Criminal Code of 1961.
Eliminates the 48 hour time requirement after the collection of the sample in
which an alleged sexual assault survivor must return to the hospital performing
the sample analysis of all controlled substances and alcohol ingested by the
alleged victim a signed written authorization in order to have the sample
analysis performed. Effective immediately. Amended to provide that a sample
analysis of a victim of sexual assault to determine if the person has been
administered a controlled substance without his or her consent may not be
performed unless the victim returns a signed written authorization within 30
days (rather than 48 hours) after the sample was collected. House 3rd
Reading
HB 5061
Mendoza Sexual Assault Fine (ICASA Bill)
Amends the Code of Criminal
Procedure of 1963. Provides that the provision that a person incarcerated on a
bailable offense who does not supply bail and against whom a fine is levied on
conviction of the offense shall be allowed a credit of $5 for each day
incarcerated does not apply to a person incarcerated for sexual assault. Amends
the Unified Code of Corrections. Includes the offenses of sexual exploitation of
a child and ritualized abuse of a child in the definition of sexual assault for
the purpose of the imposition of the fine for the commission or attempted
commission of a sexual assault. House 2nd Reading