Amends the Illinois Vehicle Code. Provides that no person may drive a commercial motor vehicle on a highway if such person's driving privilege, license, or permit is, among other things, subject to, or in violation of, a "driver or vehicle out of service order" (rather than "out of service order") while operating a vehicle designed to transport "16 or more passengers" (rather than "passengers"), including the driver, or while transporting "hazardous materials required to be placarded" (rather than "hazardous materials"). Exempts the drivers of commercial motor vehicles used primarily in the transportation of propane winter heating fuel and the drivers of motor vehicles used to respond to pipeline emergencies from the commercial driver's license requirements, but only if such requirements would prevent the driver from responding to an emergency condition requiring immediate response, as defined by federal regulation. Disqualifies a person from driving a commercial motor vehicle if that person has been convicted more than once of violating certain combinations of provisions related to out-of-service orders. Increases the minimum and maximum penalties for certain violations of the Uniform Commercial Driver's License Act.
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Amends the Nursing Home Care Act and the Health Care Surrogate Act. Provides that within 30 days after admission to a facility in the case of a new resident, and within one year after the effective date of the amendatory Act for all residents who were admitted before that date, residents, agents, and surrogates shall be given written information describing the facility's policies concerning DNR orders and shall be given the opportunity to execute a Living Will or Power of Attorney for Health Care, decline consent to life-sustaining treatment, and provide the facility with the name of a preferred surrogate. Provides that any such decision made by a resident, agent, or surrogate must be recorded in the resident's medical record and that any subsequent changes or modifications must also be recorded in the medical record. Provides that advance directives that a health care facility must maintain include a designation of a preferred surrogate should the person making the designation become incapacitated or impaired. Effective January 1, 2010.
Amends the School Code. With respect to the Early Childhood Education Block Grant, provides that not less than 11% (instead of exactly 11%) of the grant shall be used to fund programs for children ages 0-3. Provides that this percentage shall increase to at least 20% by Fiscal Year 2015, except that if, in a given fiscal year, the amount appropriated for the Early Childhood Education Block Grant is insufficient to increase the percentage of the grant to fund programs for children ages 0-3 without reducing the amount of the grant for existing providers of preschool education programs, then the percentage of the grant to fund programs for children ages 0-3 may be held steady instead of increased. Effective July 1, 2009.
Amends the Environmental Protection Act. Redefines the term "compost" to mean compostable material that has, by composting, decomposed to the degree that it will not, when subjected to optimal thermal conditions and optimal levels of oxygen, moisture, and nutrients, reheat significantly due to the action of microorganisms, and that is also suitable (i) for use as a soil conditioner, (ii) for use as a cover material for a municipal solid waste landfill, or (iii) for another use approved by the Agency (now, the humus-like product of the process of composting waste, which may be used as a soil conditioner). Redefines the term "composting" to mean the decomposition of compostable material into compost by a biological process that produces carbon dioxide and water as primary by-products (now, the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost). Excepts food scrap from the definition of the term "garbage". Exempts certain types of facilities, sites, portions of facilities, and portions of sites from regulation as pollution control facilities. Defines "compostable material" and "food scrap". Effective immediately.
Amends the Metropolitan Water Reclamation District Act. In a Section pertaining to the civil service board for the Metropolitan Water Reclamation District, provides that the civil service board shall, on or before the 31st day of January of each year (now, the 15th), make to the trustees a report concerning the actions of the civil service board and other specified information. Effective immediately.
Amends the Probate Act of 1975. Provides that a guardian shall not consent to a ward's sterilization without a court order, but a court order is not required if a procedure is medically necessary to preserve the ward's life or prevent a serious impairment even though it may result in sterilization. Provides that if the motion of a guardian seeking to consent to a ward's sterilization shows that sterilization is warranted, the court shall appoint a guardian ad litem, who shall be an attorney or a qualified disabilities or mental illness advocate. Provides that the court may appoint counsel for the ward, and shall do so upon the ward's request, if the ward objects to sterilization, or the ward's position is adverse to the guardian ad litem. Provides that the court shall advise the ward of his or her right to appointed counsel. Provides for a medical and psychological evaluation to assess the ward's capacity concerning sterilization. Provides that the court shall determine if the ward has the capacity to consent to sterilization by considering whether the ward is able to understand the relationship between sexual activity and reproduction; reproduction consequences; and sterilization. Provides that the ward shall not be deemed to lack capacity solely on the basis of a disability. Provides that if the court finds that the ward has capacity to consent, and the ward objects or consents, the court shall enter an order based on the ward's decision. If the court finds that the ward does not have capacity and has no clear desire for sterilization, the court shall apply standards. Provides that those standards include that the court shall not authorize sterilization unless the court clearly finds that the ward lacks decisional capacity, is fertile, and capable of procreation; the benefits outweigh the harm; less intrusive alternatives were considered; and sterilization is in the ward's best interest, considering trauma or psychological damage if he or she had a child. Provides that the court shall consider if the ward is sexually active, the ability of the ward to understand reproduction and contraception, and other factors relative to the ward's best interest. Includes other provisions.
Amends the Sexual Assault Survivors Emergency Treatment Act. Provides that any person (instead of minor) who is a sexual assault survivor who seeks emergency hospital services and forensic services or follow-up healthcare under the Act shall be provided such services without the consent of any parent, guardian, custodian, surrogate, or agent. Provides that if the survivor is an adult who has a guardian of the person, a health care surrogate, or an agent acting under a health care power of attorney, then consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault. Provides that if the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release. Effective January 1, 2010.
Amends the Guardianship and Advocacy Act. Provides that Guardianship and Advocacy Commission, acting on a request from the Director of the Guardianship and Advocacy Commission, may disapprove any action of a regional authority, in which case the regional authority shall cease such action. Provides that the Commission shall operate subject to the provisions of the Illinois Procurement Code (instead of the Illinois Purchasing Act). Provides that the Director shall carry out the policies and programs of the Commission and coordinate the activities of its divisions and may delegate to the Human Rights Authority Director any specified duties. Transfers the authority of certain appointment duties from the Commission to the Director. Provides that reassignments of investigations for conflicts of interest and refusals to investigate shall be reviewed and approved by the Director and the Director may seek direction from the Commission. Provides that a regional authority may conduct investigations upon its own initiative if it has reason to believe that the rights of an eligible person have been violated in the region in which the authority sits, unless the Director (rather than Commission) finds that a conflict of interest exists and directs another regional authority to conduct the investigation. Provides that closed meetings by a regional authority are subject to the provisions of the Open Meetings Act. Transfers the authority for referrals for further action from the Commission to the Director. Provides that a regional authority may, by acting through the Director, propose to the Commission legislation for the purpose of safeguarding the rights of eligible persons.
Creates the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Contains provisions concerning jurisdiction over adult guardianships, conservatorships, and other protective proceedings. Sets forth guidelines to specify which court has jurisdiction to appoint a guardian or conservator for an incapacitated adult, by prioritizing the states which might claim jurisdiction. Provides for designation of a "home state" and a "significant-connection state". Provides for communication and cooperation between courts. Contains provisions concerning transfer of guardianship or conservatorship to another state. Provides for registration and recognition of guardianship or protective orders from other states.
Amends the Illinois Public Aid Code. Provides that if an applicant for medical assistance is a resident in a nursing home, the Department of Healthcare and Family Services must notify the nursing home, in writing, of the Department's decision on the application. Effective immediately.