Jumat, 27 Desember 2013

2014 ushers in new state laws on issues from medical marijuana to tanning beds


It was a history-making year at the state Capitol, with lawmakers legalizing gay marriage, allowing medical marijuana for those with chronic illnesses, permitting concealed handguns and approving major changes to the government worker pension system.


But those high-profile measures represent just a handful of new laws to be put on the books, with more than 200 rules and regulations set to take effect Jan. 1. The laws will affect everything from how students are taught sex education in public schools to who can use a tanning bed to how dogs can be legally tethered outside.


'Obviously, pension reform was the big issue and I think nothing else even came close to that in terms of the importance to the people of this state,' said Senate Republican leader Christine Radogno of Lemont. 'But I think a lot of the legislation we undertook really reflects the concerns of the day. They are all issues that across the country are very timely right now.'


Medical marijuana

The New Year ushers in the official start of a four-year trial program that would allow patients with certain chronic illnesses to obtain a prescription for medical marijuana. However, the afflicted still are many months from being able to light up legally as state regulators are working out rules and have yet to issue licenses for marijuana growers and dispensing centers.


Supporters say Illinois' medical marijuana law is among the toughest in the nation. Patients cannot legally grow their own supplies and must have an existing relationship with their prescribing doctor. Patients and caregivers will be fingerprinted and undergo background checks, and must promise not to sell or give away marijuana. Workers at 22 grow centers and 60 dispensaries will undergo the same vetting.


Precisely where growers and sellers could locate will be determined by state regulators. While suburbs are putting in place strict zoning laws to limit where marijuana could be sold or grown, local officials cannot prevent such businesses from opening in their towns. Property owners would have the ability to ban marijuana use on their grounds. Employers would maintain their rights to a drug-free workplace, meaning someone with a valid medical marijuana card could be fired for using the drug if their employer prohibits it.


Sex education

Public schools that teach sex education will now be required to provide students information about birth control, a departure from previous policy in which abstinence was the only required curriculum.


Backers argue that abstinence-only education is not effective and that students should be taught about other methods of birth control and how to prevent sexually transmitted diseases. Those opposed to the change say parents should decide how to educate their kids about sex.


Schools still have the option to not teach sex education, and the law allows school districts to set their own 'age-appropriate' lesson plans and allow parents to examine instructional materials. Parents also can opt to keep their children out of sex education classes without penalty.


Pets

Pet shops will be required to disclose outbreaks of potentially life-threatening diseases, and cat and dog owners could receive a refund and return a new pet to a store up to one year after purchase if a veterinarian finds an animal had a hereditary or congenital condition. If an animal dies of an illness, pet shops also could be on the hook for veterinary costs.


Meanwhile, a judge could hand down fines of up $1,500 and jail sentences of up to six months to dog owners who don't follow new rules on how to properly tether their pet outside. A dog's lead must be at least 10 feet and cannot exceed one-eighth of the animal's body weight. It also must be attached to a harness or collar that does not pinch or choke the dog. Tethered dogs must be provided adequate food, water and shelter and be restricted from being able to reach someone else's property or a public sidewalk or road. Penalties increase with subsequent violations. As is usually the case with this type of law, enforcement will be key.


Consumers

Illinois teens under age 18 will no longer be allowed to use tanning beds, even if they have permission from a parent. Previously, children 14 and younger were banned, while those 14 to 17 could use the tanning beds with parental permission. Some cities, including Chicago and Springfield, have policies that ban minors from using tanning beds. Teenagers still could use get a bronzed glow using spray tan machines, which do not use ultraviolet lights.


Those under 18 also will be banned from buying electronic cigarettes. Meanwhile, smokers of traditional cigarettes could face fines of up to $1,500 and up to six months in jail for not properly disposing of butts after cigarettes were added to the state's definition of litter. It remains to be seen if a judge will mete out such severe punishment, however.


Another law requires mobile home owners or operators to notify potential buyers if the unit for sale was used to cook methamphetamine. And Illinois wineries will be allowed to let customers take home an open and partially consumed bottle of wine.


Crime, punishment

One new measure would crack down on boating under the influence by requiring boat operators to undergo drug and alcohol testing if they are involved in an accident in which someone is hurt or killed. Those who refuse testing, test positive for drugs or have a blood alcohol content limit of .08 or higher could have their driver's license suspended. The law was prompted by the July 2012 death of 10-year-old Tony Borcia of Libertyville, who was killed when he was struck by a speedboat driven by a man who authorities said was found to have alcohol and cocaine in his system at the time of the crash on the Chain O' Lakes.


People who use social media and other forms of electronic communication to organize mob attacks could face tougher penalties under a new law brought about by high-profile incidents in which large groups of teenagers organized on sites like Twitter and Facebook to cause disturbances along Michigan Avenue. Under the law, a judge would have the discretion to impose a more severe sentence on anyone who uses social media, text messaging or email to orchestrate a mob attack.


Legislators also put in place regulations for law enforcement agencies that use drones, requiring search warrants before they could be used to examine private property. Warrants would not be required to patrol state-owned lands, highways or roads. Police would be allowed to use drones to help find a missing person, and could use the unmanned devices to review crime scenes and take traffic crash scene photography.


Women who conceive and have a child as a result of rape will get more power to try to deny parental rights to their attackers under another measure. Previously, mothers had to secure criminal convictions before they could prevent their attacker from having visitation, custody on inheritance rights. Now mothers will be able to request fact-finding hearings to determine with 'clear and convincing evidence' that a child was conceived through nonconsensual sex. That process is often quicker than court hearings, and in some cases there is enough evidence to prove a child was conceived by rape but not enough to convict an attacker.


mcgarcia@tribune.com Twitter @moniquegarcia

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