Amends the Physical Fitness Facility Medical Emergency Preparedness Act. Provides that "physical fitness facility" does not mean a public or private golf course. Effective immediately.
Amends the Illinois Governmental Ethics Act. Makes a technical change in a Section concerning the short title.
Amends the Workers' Compensation Act. Provides that the Illinois Workers' Compensation Commission may recall a decision or settlement when fraud has been determined to be committed related to the case. Provides that the Commission shall implement a rule to establish a process for recalling a decision or settlement that is subject to recall due to fraud. Provides that the fraud and insurance non-compliance unit of the Division of Insurance of the Department of Financial and Professional Regulation shall employ one or more attorneys licensed to practice law in Illinois as special prosecutors who shall initiate and prosecute any necessary criminal or civil actions in any court or tribunal of competent jurisdiction in this State. Provides that the special prosecutors may also assist State's Attorneys in prosecuting violations of this Section, without charge to the county. Provides that when the Attorney General or a State's Attorney declines to prosecute a referral from the fraud and insurance non-compliance unit of an alleged violation of this Section, the Attorney General or the State's Attorney declining prosecution shall provide in writing a response to the unit within 30 days of such decision setting forth the reasons and basis for the decision. Provides that the unit shall provide the response to the employer.
Make appropriations and reappropriations to the Board of Trustees of Eastern Illinois University for various purposes, including for ordinary and contingent expenses. Effective July 1, 2009.
Amends the Automatic Telephone Dialers Act and the Restricted Call Registry Act. Provides that the Automatic Telephone Dialers Act applies to electioneering autodialer telephone calls but does not apply to other telephone calls made by an autodialer and placed on behalf of a political organization. Prohibits electioneering autodialer telephone calls to telephone service subscribers who have registered their telephone number or numbers on the Restricted Call ("Do Not Call") Registry. Defines "electioneering autodialer telephone call" to mean any voice communication over a telephone line, through the use of an autodialer or autodialer system, that refers to a clearly identified political candidate, political party, or question of public policy and is an appeal to vote for or against a clearly identified candidate, political party, or question of public policy. Effective immediately.
Amends the Workers' Compensation Act as follows: defines "injury" as an injury that has arisen out of and in the course of employment; provides that an injury by accident is compensable only if the accident was the prevailing factor in causing both the resulting medical condition and disability; provides that permanent partial or total disability shall be certified by a physician and demonstrated by use of medically defined objective measurements, that subjective complaints shall not be considered unless supported by and clearly related to objective measurements, and that a specified publication shall be applied in determining the level of disability; provides that an injury is deemed to arise out of and in the course of the employment only if specified conditions are met; provides that an injury resulting directly or indirectly from idiopathic causes is not compensable; provides that no compensation is payable if an injury was caused primarily by the intoxication of the employee or by the influence of alcohol or certain drugs and contains various provisions relating to the use of alcohol and drugs; requires Illinois Workers' Compensation Commission commissioners and arbitrators to weigh the evidence impartially without giving the benefit of the doubt to any party when weighing evidence and resolving factual conflicts. Makes other changes. Effective immediately.
Amends the Code of Civil Procedure. In actions for money damages in actions at law or in arbitration, authorizes either party to make an offer of settlement. If the offer is refused, the offering party is authorized prejudgment interest at 9% per annum from the date of the offer to the entry of the award or judgment if the offer was better for the refusing party than the award or judgment. Sets forth requirements for tender of an offer. Exempts actions by or against a governmental entity, actions in small claims, claims for punitive damages, actions governed by a contractual provision authorizing prejudgment interest, and actions governed by a more specific statute. Applies to causes of action accruing after January 1, 2010. Effective January 1, 2010.
Amends the Election Code. Provides that the Code's electronic voting equipment provisions that modify the Code's requirement of a separate ballot for constitutional amendments and constitutional convention calls supersede that separate ballot requirement. Removes the requirement that constitutional amendment and constitutional convention call ballots be printed on blue paper. Removes the requirement that a constitutional convention call ballot include language concerning the effect of not voting.
Amends the Probate Act of 1975. Provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if the minor has a living fit parent (instead of living parent), adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions concerning the minor. Provides that with regard to a parental right to custody, fitness of the parent shall be determined as of the time of the filing of the petition to establish the guardianship. Provides that in determining fitness, the court may consider those grounds set forth in the Adoption Act as grounds for unfitness. Provides that if a parent is found to be unfit, as of the date of filing a petition, he or she shall not automatically be entitled to custody or to terminate a guardianship, even upon the removal of the disability, but shall be required to satisfy the provisions of the Act. Provides that other than a guardianship terminating because the minor reaches the age of majority, a guardianship shall not be terminated by a court unless the court finds, based upon clear and convincing evidence, that there has been a material change in circumstances since the guardianship was created and that termination is in the minor's best interest considering: the integration of the minor into the guardian's family; the effect that removal of the minor from the guardian's care would have on the minor; the minor's relationship with the proposed care giver or parent; the relative economic abilities and physical and emotional abilities of the parties to provide for the minor's needs; and the minor's environment with the guardian compared to the proposed environment.
Creates the Debt Settlement Consumer Protection Act. Provides that it shall be unlawful for any person to operate as a debt settlement provider or engage in debt settlement service except as authorized by the Act and without first having obtained a license under the Act. Contains provisions concerning the (1) application for a license, (2) qualifications for licensure, (3) renewal of a license, (4) display requirements for a license, (5) temporary licensed locations, (6) denial of a license, (7) revocation or suspension of a license, (8) maintenance of records by a licensee, (9) examination of a licensee, (10) maintenance of trust funds by a licensee, and (11) other licensee businesses. With respect to the Director of Financial Institutions, contains provisions concerning the (1) adoption of rules by the Director, (2) penalties for violations of the Act, (3) procedure the Director may take to obtain an injunction, (4) review of decisions, (5) issuance of cease and desist orders. Contains provisions concerning (1) advertising practices, (2) individualized financial analysis, (3) required disclosures, (4) debt settlement contracts, (5) fees, (6) consumer settlement accounts, (7) cancellation of contracts, (8) obligations of good faith, (9) prohibited practices and noncompliance with the Act, and (10) civil remedies. Amends the Debt Management Service Act to exclude "debt settlement service" and attorneys engaged in specific practices from the Act. Amends the State Finance Act to provide that moneys collected under the Debt Settlement Consumer Protection Act shall be deposited into the Financial Institution Fund. Contains a severability clause. Amends the Consumer Fraud and Deceptive Business Practices Act to specify that a violation of the Debt Settlement Consumer Protection Act is a violation of the Act. Effective immediately.
