Rep. Dave Winters

Creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact finder may not consider: evidence of a defendant's alleged wrongdoing, misconduct, or guilt; evidence of the defendant's wealth or financial resources; or any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court review of noneconomic damage awards. Contains applicability provisions. Effective immediately.

Amends the Prevailing Wage Act. Provides that a public body or other entity covered by the Act that contracts for work with a contractor or subcontractor without a public bid or project specification shall provide the contractor or subcontractor with a prevailing wage notice on the project on the purchase order or on a separate document. Provides that, if the Department of Labor determines that a violation of the Act has occurred, the Department shall determine whether a proper notice was given to the contractor, and, if a notice was not given, the Department shall order the public body to pay back wages, interest, penalties, or fines owed by the contractor to its employees. Provides that a contractor is not in violation if a notice is not given to the contractor. Provides that the failure to provide a notice does not diminish the obligation of a contractor to pay the prevailing wage. Provides that a contractor who has awarded work to a subcontractor without a contract or without a contract specification may comply with notice requirements by providing a lower tiered subcontractor with a written prevailing wage notice. Provides that a contractor with a business location where workers regularly visit may, instead of posting a prevailing wage notice on a job site, post in a conspicuous location at that business the current prevailing wage rate or give a written notice to those workers. Provides that information made available under a Freedom of Information Act request in accordance with provisions of the Act regarding certified payrolls shall be used only to enforce the Act and that any misuse of the information is prohibited. Sets forth criminal and civil penalties for the misuse of information. Provides that a written complaint regarding an alleged violation of this Act shall be filed with the Director of Labor and sets forth requirements concerning the handling of the complaint. Makes other changes.

Amends the Riverboat Gambling Act. Provides that each licensed owner that operates a preferred customer club associated with a facility in which gambling is conducted must mail a monthly statement to the club members that details the members' gains and losses within the last month at that facility.

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides a tax exemption under the Acts for construction materials used to construct an ethanol plant in a depressed area and for tangible personal property used or consumed by any ethanol plant in the processing of ethanol in a depressed area. Effective immediately.

Amends the Executive Reorganization Implementation Act. Makes a technical change in a Section concerning the short title.

Recognizes Robert Turner for his 55 years of dedicated service to the Rockton Fire Protection District.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer who has been the victim of identity theft may place a security freeze on his or her credit report by making a request in writing by certified mail to a consumer credit reporting agency with a valid copy of a police report, investigative report, or complaint that the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person. Requires a credit reporting agency to place a security freeze on a consumer's credit report no later than 5 business days after receiving a written request from the consumer. Provides that if the consumer wishes to allow his or her credit report to be accessed for a specific party, parties, or period of time while a freeze is in place, he or she shall contact the consumer credit reporting agency, request that the freeze be temporarily lifted, and provide certain information. Provides that if a security freeze is in place, a credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: (i) name; (ii) date of birth; (iii) Social Security number; and (iv) address. Provides that certain entities are not required to place a security freeze in a credit report provided certain conditions are met. Defines "proper identification".

Amends the Toll Highway Act. Makes a technical change in a definitions Section.

Amends the Public Utilities Act. Requires each electric utility to file, on or before February 1, 2006, a tariff or tariffs which allow residential retail customers in the electric utility's service area to elect real-time pricing beginning January 1, 2007. Sets forth information required to be included in the tariff. Requires an electric utility providing real-time pricing to install an appropriate meter for customers who elect to use real-time pricing and in all new service locations unless the customer requests a watt-hour meter. Requires the electric utility to contract with an Illinois nonprofit corporation to develop a program of consumer outreach, education, and enrollment concerning real-time pricing and to establish and administer information and technical and customer assistance for management of electricity use. Authorizes the electric utility to impose a uniform charge on all residential customers in order to recover its reasonable costs in complying with the real-time pricing provisions. Defines "real-time pricing" to mean tariffed retail charges for delivered electric power and energy that vary hour-to-hour (now, that vary on an hour-to-hour basis for non-residential retail customers and that vary on a periodic basis during the day for residential retail customers) and that are determined from prices posted by the Independent System Operator or by a comparable methodology approved by the Illinois Commerce Commission. Effective immediately.

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Deletes language providing that the Department may not expend funds for the acquisition of railroad rolling stock and may not become the owner of railroad locomotives or other rolling stock. Provides that, in providing intercity railroad passenger service, the Department may enter into a lease or contract with a term of not more than 50 (rather than 7) years for use, maintenance, servicing, and repair of locomotives, rolling stock, stations, and other facilities. Effective immediately.