New Year. New Laws for Illinois in 2022.

Listed below are some new laws that may have a significant impact on our clients.

REMOTE NOTORIZATIONS (SB 2664/PA 102-0160) Legislation amends the Illinois Notary Public Act to authorize both remote notarizations and electronic notarizations for real estate and other transactions. Additionally, it provides for the specific two-way audio-visual requirements needed for proper remote and electronic notarizations.

LIFTING UP ILLINOIS WORKING FAMILIES ACT (SB 0001/PA 101-0001) Legislation amends the Illinois Minimum Wage Law to raise the minimum wage in the State of Illinois to $15 by 2025. In 2022, the minimum wage in Illinois will increase to $12 an hour.

PREDATORY LOAN PREVENTION ACT (SB 2531/PA 102-658) Legislation created the Predatory Loan Prevention Act to generally impose a 36% interest rate cap on consumer loans in Illinois. This Act also amended the Interest Act, 815 ILCS 205/1, to change the calculation of the longstanding 9% general interest rate cap from a simple interest calculation to the “annual percentage rate”.

THE UNIFORM ELECTRONIC TRANSACTIONS ACT (SB 2176/PA 102-0038) Illinois is the 49th state in the country to adopt the Uniform Law Commission’s Uniform Electronic Transactions Act governing electronic records and electronic signatures.

JUNETEENTH NATIONAL FREEDOM DAY (HB 3922/PA 102-0334 and 102-0014) Both bills amend the State Commemorative Dates Act and other laws, including the Promissory Note and Bank Holiday Act, to designate June 19 as Juneteenth National Freedom Day in Illinois. The second Bill further amends the Promissory Note and Bank Holiday Act to provide that if Juneteenth falls on a Sunday, it will instead be observed on the following Monday.

ILLINOIS HUMAN RIGHTS ACT (SB 1561 /PA 102-0362) Legislation amends the Human Rights Act, to prohibit unlawful discrimination in real estate transactions by third-party loan modification service providers.  

REAL PROPERTY TRANSFER ON DEATH INSTRUMENT ACT (SB 1937/PA 102-0068) Amends the Illinois Residential Real Property Transfer on Death Instrument Act to expand its scope to include nonresidential real property, authorize trusts as beneficiaries, allow surviving spouses to renunciate transfers, and more.

REMOTE SHAREHOLDER MEETINGS (SB 0116/PA 102-0282) Legislation amends the Business Corporation Act of 1983 to authorize remote shareholder meetings and reinstate the phaseout of the Illinois corporate franchise tax.

RECOGNITION OF CERTIFIED MINORITY AND WOMEN-OWNED BUSINESSES (HB 0132/PA 102-0585) Legislation amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act to require the Business Enterprise Program to recognize and accept the certifications of businesses certified as minority-owned or women-owned businesses by the City of Chicago, Cook County, or other approved entity.

CONDOMINIUM PROPERTY ACT (SB 0636 /PA 102-0162) Legislation amends the Condominium Property Act, to allow condominium boards to require that the majority of the condominium board be made up of unit owners who occupy their units as a primary residence.  

ILLINOIS MARRIAGE AND DISSOLUTION OF MARRIAGE ACT (SB 0258/PA 102-0087) Legislation amends the Illinois Marriage and Dissolution of Marriage Act to prevent employers from removing children from insurance obligor’s health insurance coverage.

ILLINOIS FREEDOM TO WORK ACT EXPANSION (SB 1569/PA 102-0358) Legislation amends the Illinois Freedom to Work Act to significantly expand the Act’s limitations on post-employment restrictions for certain employees. The amendment provides that a written agreement not to compete is prohibited unless the employee’s earnings exceed $75,000 per year, and an agreement not to solicit is prohibited unless the employee’s earnings exceed $45,000 per year.

CIRCUIT COURT PAYMENTS (SB 0583/PA 102-0356) Legislation amends the Clerk of Courts Act to require circuit court clerks to accept credit card payments over the internet for fines, penalties, court costs, and more. Also adds “certified checks” to the payment methods circuit court clerks may accept for payment of fines, penalties, and costs.

SCHOOL CODE EXPANSION (SB 1577/PA 102-0321) Legislation amends the School Code to provide that public school students shall be granted up to five (5) days of excused absences for mental or behavioral health, no medical note required.

JET HAWKINS LAW (SB 0817/PA 102-0360) Legislation bans schools from discriminating against student hairstyles associated with racial, ethnic, and cultural tradition.

INTEREST RATE REDUCTION ON UNPAID PROPERTY TAXES (SB 1721/PA 102-0333) Legislation amends the Property Tax Code to allow for a reduced interest rate on unpaid property taxes for municipalities to intervene and save abandoned properties. Legislation also facilitates partnership between land banks and local governments to transform vacant lots and abandoned buildings into viable living or working spaces and reduces maximum interest rates on delinquent taxes to 9%.

LLC DUTY TO ACT FAIRLY (SB 1795/PA 102-0230) Legislation amends the Limited Liability Company Act by providing that operating agreements for an LLC should not restrict or eliminate the fiduciary duty to act fairly and that it may establish metrics to determine if members are acting fairly.

PRIVATE VEHICLE TAX INCREASE (SB 0058/PA 102-0353) Amends the Use Tax Act by increasing the private vehicle tax by $75 for each model year where the purchase price is less than $15,000 and by $100 for vehicles above this amount.

ILLINOIS PHARMACY PRACTICE ACT (SB 1682/PA 102-0400) Amends the Illinois Pharmacy Practice Act to require that pharmacies post a notice informing consumers that they may request current pharmacy retail prices at the point of sale.

ILLINOIS PROBATE ACT OF 1975 (SB 0080/PA 102-0072) Legislation amends the Illinois Probate Act of 1975 and provides safeguards for a ward with a disability. Also allows a court to appoint co-guardians and/or separate individuals as guardian of the estate if the court finds it in the best interest of the person with a disability.

ILLINOIS STATE EMPLOYEES GROUP INSURANCE ACT (SB 0968/PA 102-0306) Legislation amends the State Employees Group Insurance Act of 1971 to require all health insurance plans, the Public Aid Code, and public health benefits in Illinois to provide coverage for medically necessary pancreatic cancer screening.  

ILLINOIS STATE EMPLOYEES GROUP INSURANCE ACT (HB 0135/PA 102-0103) Amends the State Employees Group Insurance Act to require health insurance coverage for health care or patient care services around the dispensation of birth control.

ILLINOIS INSURANCE CODE (SB 1854/PA 102-0530) Amends the Illinois Insurance Code by creating two new sections requiring providers to cover A1C and Vitamin D testing recommended by a health care provider for prediabetic and diabetics.

FREE COPIES OF MEDICAL RECORDS (HB 0714/PA 102-0183) Legislation amends the Illinois Code Of Civil Procedure to require health care facilities and practitioners to provide free copies of medical records to patients to support a claim for benefits, and allows records to be provided to the legally authorized representative of a patient.

HAYLI’S LAW (SB 0119/PA 102-0078) Provides that the Illinois Department of Public health, local health departments and public health districts may not regulate the sale of lemonade or non-alcoholic drinks or mixed beverages by a person under the age of 16.

HIGHER EDUCATION FAIR ADMISSIONS ACT (HB 0226/PA 102-0054) Legislation prohibits public colleges and universities from requiring applicants to submit SAT, ACT, or other standardized test scores as part of the admissions process. Prospective students may choose whether to submit a standardized test score when applying to Illinois public universities.

EARLY TERMINATION FEES FOR DECEASED PERSONS (SB 0122/PA 102-0112) Legislation amends the Consumer Fraud and Deceptive Business Practices Act by prohibiting early termination fees for utility customers who are deceased before the end of a contract.

For a comprehensive list of the new Illinois laws, visit https://www.illinoissenatedemocrats.com/images/2021/bills-taking-effect-2022.pdf

Contact us at 847-705-7555 to set up a free consultation (in-person or virtually), to discuss how these new laws may affect you or your business.