Rep. George Scully, Jr.

Amends the Illinois Clean Indoor Air Act. Provides that a home rule unit of local government or any municipality in this State may regulate smoking in public places. Provides that this regulation must be no less restrictive than the regulation in the Act. Changes the home rule limitation from an absolute preemption to a limitation on the concurrent exercise of home rule power. Maintains the exemption from home rule requirements for home rule units that passed ordinances regulating smoking before October 1, 1989. Limits the concurrent exercise of home rule powers.

Amends the Public Utilities Act. Makes a technical change in a Section concerning the short title and applicability of the Electric Service Customer Choice and Rate Relief Law of 1997.

Amends the Illinois Finance Authority Act. Authorizes the Illinois Finance Authority to issue bonds and to guarantee loans to finance broadband projects in the State. Sets forth the powers of the Authority with respect to broadband financing. Sets forth requirements for State guarantees of broadband financing. Requires monetary transfers and continuing appropriations to funds of the Authority for broadband financing purposes. Provides that bonds for broadband financing may be moral obligations of the State. Provides that the exercise of powers of the Authority under these provisions is exempt from certain State taxation. Makes other changes. Effective immediately.

Amends the Illinois Insurance Code. Requires that all securities eligible for registration by a Workers' Compensation Pool shall be maintained (i) in a State or National Bank having trust powers and located within Illinois or (ii) with a broker or dealer meeting certain requirements (now, in a State or National Bank having trust powers and located within Illinois). Creates an Article concerning custodial agreements and the use of clearing corporations. Provides definitions. Allows domestic insurance companies to deposit securities held or purchased for its general account in a clearing corporation. Allows certificates representing securities of the same class of the same issuer to be merged and held in bulk in the name of the nominee of the clearing corporation regardless of the ownership of the securities and for certificates representing smaller denominations to be merged into one or more certificates of larger denominations. Allows ownership and other interests in securities to be transferred by bookkeeping entry without physical delivery of certificates. Authorizes the Secretary of Financial and Professional Regulation to adopt rules governing the deposit of securities in clearing corporations. Allows securities of domestic, foreign, and alien insurance companies required to be deposited with the Secretary as a condition of doing business in this State that meet deposit requirements to be deposited in clearing corporations. Prohibits the removal of these deposits by the insurance company without the approval of the Secretary. Requires the insurance company to provide evidence to the Secretary that the securities are recorded in the name of the custodian and that the securities are held subject to the order of the Secretary.

Amends the Vehicle Code. Provides that the unlawful operation of a vehicle at a speed that is 40 miles per hour or more in excess of the applicable maximum speed is prima facie evidence of reckless driving.

Amends the Public Utilities Act. Makes a technical change in a Section concerning the short title and applicability of the Electric Service Customer Choice and Rate Relief Law of 1997.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person to knowingly advertise in the State the retail purchase of goods that are illegal to possess in the State or services that are illegal to obtain in the State.

Amends the Energy Assistance Act. Makes a technical change in a Section concerning the short title of the Act.

Amends the Illinois Marriage and Dissolution of Marriage Act. Rewrites the provisions of the Act concerning child custody and visitation, eliminating the use of those terms. Provides instead for the allocation of parental responsibilities with respect to a child, including significant decision-making responsibilities and parenting time. Requires that such allocations be made according to the child's best interests. Authorizes parents to agree to a parenting plan that includes an allocation of significant decision-making responsibilities, provisions for the child's living arrangements, an allocation of parenting time, and other features; provides for the court's approval of such a plan. In the absence of such a plan, provides for a judgment allocating parental responsibilities. Provides for the designation of a child's custodian for purposes of other statutes. Provides for modification of a parenting plan or a judgment allocating parental responsibilities. Provides for enforcement of allocated parenting time. Provides that the changes made by this amendatory Act apply to: (1) all proceedings commenced on or after the effective date of this amendatory Act; (2) all actions pending on the effective date of this amendatory Act and all proceedings commenced before that effective date with respect to issues on which a judgment has not been entered; and (3) all proceedings commenced on or after the effective date of this amendatory Act for the modification of a judgment or order entered before that effective date. Effective January 1, 2006.

Creates the Fireworks Outdoor Advertising Act. Prohibits outdoor billboards advertising fireworks for sale. Restricts the concurrent exercise of home rule powers.