Saturday, December 30, 2006

New Illinois Laws Take Effect 1/1/2007


The Governor's office issued a press release yesterday summarizing some of the new laws that will go into effect Monday, January 1. The press release refers to the laws by the bill numbers assigned when the legislation was originally introduced in the General Assembly.

To see the legislative histories for the bills and link to the Public Acts that the bills became, go to the Bills and Resolutions page for the 94th General Assembly. When the 95th General Assembly replaces the 94th, you can find this information under Previous General Assemblies. Here are links to some of the new laws:

  • Ill. Pub. Act 94-0741, the Carbon Monoxide Alarm Detector Act, requires an "approved carbon monoxide alarm" in each "dwelling unit" (home or apartment) that (i) uses fossil fuel for heating, ventilation, or hot water; (ii) is connected to a garage; or (iii) is close to any ventilated source of carbon monoxide. The owner of the property is responsible for installation of the alarms, but tenants are responsible for replacement of batteries.
  • Ill. Pub. Act 94-0799 amends the Consumer Fraud and Deceptive Business Practices Act to provide additional protection from identity theft. It allows all Illinois residents to place a security freeze on their credit reports. The reporting agency has 10 days to confirm the freeze and assign a PIN or password, other than a Social Security number, to be used when lifting or removing the freeze. The agency may charge a fee up to $10 for each freeze, removal, or temporary lift of the freeze, except it may not charge "(i) a consumer 65 years of age or over for placement and removal of a freeze, or (ii) a victim of identity theft who has submitted to the consumer reporting agency 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." 815 ILCS 505/2MM
  • Ill. Pub. Act 94-1055, the Equity in Eminent Domain Act, amends the Eminent Domain Act, 735 ILCS 30/1-1-1 to 99-5-5, and many other sections of the Illinois Compiled Statutes, to require the State or local government, or any other entity authorized to exercise the power of eminent domain, "if the exercise of eminent domain authority is to acquire property for private ownership or control, or both, then the condemning authority must prove by clear and convincing evidence that the acquisition of the property for private ownership or control is (i) primarily for the benefit, use, or enjoyment of the public and (ii) necessary for a public purpose."

The Illinois Equity in Eminent Domain Act is one of many state laws passed nationwide in response to the U.S. Supreme Court decision in Kelo v. City of New London, 545 U.S. 469 (2005), in which the Court affirmed a decision by the Connecticut Supreme Court, allowing private property to be condemned for an economic development project that was to include many commercial buildings and private residences, as well as a marina, a pedestrian riverwalk, and a museum.

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