Rep. Daniel J. Burke

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning definitions.

Amends the School Code. Provides that a non-public elementary or secondary school may not obtain "Non-public School Recognition" status unless (i) the school requires all applicants for employment with the school, after July 1, 2007, to authorize a fingerprint-based criminal history records check as a condition of employment to determine if such applicants have been convicted of specified criminal or drug offenses and (ii) the school performs a check of the Statewide Sex Offender Database for each applicant for employment, after July 1, 2007, to determine whether the applicant has been adjudicated a sex offender. Provides that no non-public school may obtain recognition status that knowingly employs a person, hired after July 1, 2007, for whom a Department of State Police and Federal Bureau of Investigation fingerprint-based criminal history records check and a Statewide Sex Offender Database check has not been initiated or who has been convicted of certain criminal or drug offenses. Contains provisions concerning a fee for the criminal history records check and reimbursement, confidentiality, and checks of employees of persons or firms holding contracts with the school. Effective July 1, 2007.

Amends the Motor Vehicle Retail Installment Sales Act. Provides that, beginning January 1, 2008, the base documentary fee is raised from $40 to $150. Provides that the maximum fee that may be charged for a documentary fee is the base documentary fee of $150 (instead of $40). Effective January 1, 2008.

Amends the Criminal Code of 1961. Provides that when a person who has not previously been convicted of or placed on probation for felony prostitution is guilty of felony prostitution, the court, without entering a judgment and with the consent of the person, may sentence the person to probation. Provides that when a person is placed on probation for felony prostitution, the court shall order a period of probation of 24 months and defer further proceedings until the conclusion of the period or until the filing of a petition alleging violation of probation. Provides that the conditions of probation shall be that the person: not violate any criminal statute of any jurisdiction; refrain from possessing a firearm or other dangerous weapon; submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and perform no less than 30 hours of community service if community service is available in the jurisdiction and is funded and approved by the county board. Provides that the court may impose other conditions of probation. Provides that upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings. Provides that there may be only one discharge and dismissal under this provision. Provides that if a person is convicted of prostitution within 5 years after a discharge and dismissal under this provision, the discharge and dismissal shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. Effective immediately.

Amends the Illinois Prepaid Tuition Act. Provides that the intent of the Act is to both encourage and better enable Illinois families to help themselves finance the cost of higher education through a program that provides Illinois families with a method of State tax-free and federally tax-deferred, tax-exempt savings (instead of just tax-deferred savings) for higher education (instead of for college tuition). Removes a provision that provides that once a partial benefit of a prepaid tuition contract has been disbursed, any tax liability attributable to the contract and its assets becomes a tax liability of the qualified beneficiary, unless otherwise specified in the contract. Effective immediately.

Creates the Smoke Free Illinois Act. Sets forth the findings of the General Assembly. Creates several definitions. Prohibits smoking in public places, places of employment, and governmental vehicles. Requires "No Smoking" signs to be posted in each public place and place of employment where smoking is prohibited. Requires ashtrays to be removed from any area where smoking is prohibited. Prohibits smoking in student dormitories, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies, and hallways, of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education. Provides that the Department of Public Health, State-certified local public health departments, and local law enforcement agencies shall enforce the provisions of the Act. Sets forth fines for violations of the Act. Provides that the Department, a State-certified local public health department, local law enforcement agency, or any individual personally affected by repeated violations may institute, in a circuit court, an action to enjoin violations of the Act. Prohibits discrimination against individuals who exercise their rights afforded by the Act. Provides that a home rule unit may regulate smoking in public places, but that regulation must be no less restrictive than the provisions in the Act. Prohibits smoking within a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. Amends the State Mandates Act to require implementation without reimbursement. Repeals the Illinois Clean Indoor Air Act.

Congratulates Martin Noven, Deputy Treasurer of the State of Illinois, as he leaves the State Treasurer's Office.

Mourns the death of Anthony J. Peloza of Chicago.

Creates the High Speed Internet Services and Information Technology Law and amends the State Finance Act. Provides that the Lieutenant Governor, with the advice of the Broadband Deployment Council, shall enlist a nonprofit corporation to implement a comprehensive, statewide high speed Internet deployment strategy and adoption initiative. Specifies the duties of the nonprofit organization. Provides that nothing in the High Speed Internet Services and Information Technology Law shall be construed as giving the Lieutenant Governor, the Broadband Deployment Council, the nonprofit organization, or other entities any additional authority, regulatory or otherwise, over providers of telecommunications, broadband, and information technology. Creates the High Speed Internet Services and Information Technology Fund as a special fund in the State treasury, to be used, subject to appropriation, by the Lieutenant Governor for purposes of providing grants to the nonprofit organization enlisted under the Law. Provides that on the effective date of the Law, all moneys in the Digital Divide Elimination Infrastructure Fund which have not already been distributed or ordered distributed by the Illinois Commerce Commission shall be transferred to the High Speed Internet Services and Information Technology Fund. Contains other provisions concerning local governmental entities who undertake local broadband projects. Amends the Universal Telephone Service Protection Law of 1985 in the Public Utilities Act. Provides that a telecommunications carrier that is not subject to regulation under an alternative regulation plan pursuant to specified provisions may reduce the rate or charge for a noncompetitive service, service element, feature, or functionality offered to customers on a separate, stand-alone basis or as part of a bundled service offering by filing with the Commission a tariff that shows the reduced rate or charge and all applicable terms and conditions of the noncompetitive service, service element, feature, or functionality or bundled offering. Provides that provisions concerning basic local exchange service quality and the consumer complaint resolution process do not apply to telephone cooperatives. Changes the repeal date of the Universal Telephone Service Protection Law of 1985 from July 1, 2007 to July 1, 2009.

Mourns the death of Lowell Melvin Zollar of Chicago.