Table of Contents

AGRICULTURE

HB 674 - Animal Control Officers Get Police Powers
Allows counties to grant full police powers to certain animal control personnel, including the power to carry weapons. P.A. 90-385; effective 8-15-97.

HB 995 - Commercial Driver’s License Waiver for Farmers
Permits a waiver from the commercial driver’s license requirement for a driver of a truck-tractor semitrailer who is a farmer or a member of a farmer’s family and is 21 years of age or older. P.A. 90-386; effective 8-15-97.

HB 1188 - County Zoning Prohibited on Farm Land
Prohibits counties from using their zoning powers to impose regulations or require permits with respect to land used for agricultural purposes. Defines agricultural purposes to include growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses, if they constitute the principal activity on the land. Allows counties to establish a minimum lot size for residence on land used for agricultural purposes. P.A. 90-261; effective 1-1-98.

HB 1280 - UCC Statements for Agricultural Products
Requires that financing statements for collateral used in farming operations, farm products, or accounts or general intangibles arising from the sale of farm products by a farmer be filed with the Secretary of State. Under current law these statements are filed with the county clerk of the debtor’s residence. P.A. 90-300; effective 1-1-98.

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BUSINESS - COMMERCIAL - BANKING

HB 8 - Genetic Information Privacy Act
Creates the Genetic Information Privacy Act. Provides that information from such testing is confidential. Limits use of such information by insurers and employers. Employees must treat genetic information in a manner consistent with federal law. Will appear at 410 ILCS 513/. P.A. 90-25; effective 1-1-98.

HB 223 - Confidentiality Privilege for Insurance Internal Audits
Amends the Illinois Insurance Code to establish a confidentiality privilege for communications relating to voluntary internal compliance audits. P.A. 90- 499; effective 8-19-97 & 1-1-98.

HB 586 - Financial Institutions May Sell Insurance
Authorizes financial institutions to act as agents for insurance companies. P.A. 90-41; effective 10-1-97.

HB 613 - Business Corporation Act Mirrors Delaware Law
Makes numerous changes to the Business Corporation Act to make Illinois law similar to Delaware’s. Among them, it amends the provisions relating to the vote required for certain business combinations. P.A. 90-461; effective 1-1-98.

HB 1111 - Mechanics Lien Act
Requires anyone who requests or requires a wavier of a mechanics lien from anyone furnishing labor, services, or materials in exchange for payment or the promise of payment to hold those sums in trust as trustee for the person executing the waiver. Does not require a separate account for these sums. Creates a cause of action against a trustee who violates this section for all damages sustained by person who executes the waiver. P.A. 90-208; effective 7-25-97.

HB 1168 - Illinois Securities Law
Re-writes the Illinois Securities Law of 1953. P.A. 90-70; effective 7/8/97.

HB 1655 - Immunity for Reliance on Government
Immunizes a trustee, fiduciary, or other person for any act or omission if done in good faith and in conformity with any rule, interpretation, or opinion issued by the Commissioner of Banks and Real Estate, even if the Commissioner’s action is amended, rescinded, or determined by judicial or "other authority" to be invalid for any reason after person acts or omits to act. Applies to banks, bank holding companies, savings and loan associations, savings banks, corporate fiduciaries, foreign banking corporations, foreign banks, and trustees. P.A. 90-161; effective 7-23-97.

HB 1211 - Disclosure by Charities
Requires registered charities to disclose the distribution of proceeds between professional fund-raisers and the charities themselves. Makes other changes to the Solicitation for Charities Act and the Charitable Trust Act. P.A. 90-469; effective 8-17-97.

HB 1564 - Addie Davis Repeal
Amends the Illinois Power of Attorney Act to extend the protection given to a person who acts in good faith regarding a copy of a durable power of attorney. The person is protected when relying on "a document purporting to establish an agency" even if it turns out to be an invalid document. P.A. 90-21; effective 6-20-97.

SB 952 - Business Corporation Act Changes
Makes numerous changes to the Business Corporation Act. Provides for a corporation’s reduction of its paid-in capital. Sets forth activities of a foreign corporation that are not considered to constitute transacting business in Illinois for purposes of the Act. If a transaction is fair to a corporation at the time it is authorized, the fact that a director of the corporation is a party to the transaction is not grounds for invalidating the director’s vote. Deletes the provision that the director may be counted in determining whether a quorum is present but may not be counted if the directors take action on the transaction. Allows foreign corporations for the next three years to come forward and voluntarily disclose a tax liability and limit their legal exposure to taxes, fees, and interest incurred before 1/1/93. P.A. 90-421; effective 1-1-98.

SB 952 - Choice of Law and Forum Act
Creates the Choice of Law and Forum Act for contractual actions of more than $250,000. If the transaction is not less than $250,000, it allows Illinois law to govern the contract regardless of whether the contract bears a reasonable relation to Illinois. Allows a person to maintain action in Illinois if the parties have agreed to Illinois law as the source of law, the action relates to an obligation arising out of a transaction of not less than $500,000, and the foreign corporation or non-resident agrees to submit to Illinois courts. Will appear at 735 ILCS 105/. P.A. 90-421; effective 1-1-98.

SB 1020 - Limited Liability Companies
Re-writes the Illinois Limited Liability Company Act. Authorizes the formation of single member limited liability companies and incorporates Internal Revenue Service definition and provisions, including that for determining Illinois taxable income. P.A. 90-424; effective 1-1-98.

SB 1024 - New Hire Reporting Act
Creates the New Hire Reporting Act. Requires employers to notify the Illinois Department of Employment Security of each new employee’s names, address, and social security number. The employer must also notify IDES of name, address, and FEIN number. Penalties may be imposed if an employer does not comply with this Act. Will appear at 20 ILCS 1020/. P.A. 90-425; effective 8-15-97.

SB 1039 - Automotive Repair Act
Creates the Automotive Repair Act. Requires a written estimate be given to the customer for any work over $100. Violations of this Act constitute unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Will appear at 815 ILCS 306/. P.A. 90-426; effective 1-1-98.

SB 1097 - Not-for-profit Standing
Amends the General Not For Profit Act of 1986 to change the standing of a corporation to sue or be sued in its corporate name. A corporation will now have standing to sue if one or more of its members would have standing to sue in his or her own right. The interests sought to be protected must be germane to the corporation’s purposes, and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. P.A. 90-203; effective 7-24-97.

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CIVIL LITIGATION

HB 297 - Dram Shop Limits
Increases the limits recoverable under the Dram Shop Act and allows a recovery for loss of society. Increases the limits for injury to a person or the person’s property from $30,000 to $45,000 and increases the limits for loss of means of support or loss of society from $40,000 to $55,000. Allows a count for loss of society but only if the plaintiff elects to sue under this count instead of under the count for loss of means of support. Defines "loss of society" as the mutual benefits that each family member receives from the other’s continued existence--love, affection, care, attention, companionship, comfort, guidance and protection. "Family" is defined as spouse, children, parents, brothers, and sisters. Becomes effective for causes of action that occur on or after July 1, 1998. Beginning in January of 1999, these limits will be annually increased or decreased to mirror the changes in the consumer price index. P.A. 90-111; effective 7-14-97.

HB 297 - Special Representative in Civil Litigation
Makes the prosecution or defense of a lawsuit cheaper and simpler if one or more of the parties dies before or after a suit is filed. Allows a plaintiff to file only one action to proceed. If a person against whom a claim may be brought dies before the claim is filed, this same procedure is available. The plaintiff cannot recover against the estate in an amount that exceeds the deceased’s liability insurance. Notice of the proceedings must be given to the heirs and legatees of the deceased under the Probate Act of 1975. Requires that if a party dies while a lawsuit is pending and a motion is filed asking for the appointment of a special representative, the heirs and legatees must be given notice. P.A. 90-111; effective 7-14-97.

HB 891 - Court Reporter Payments
Allows court reporters to hold an attorney personally responsible for payment of reporting services that are requested by the attorney. P.A. 90-295; effective 8-1-97.

HB 1036 - Business Documents as Evidence
Provides that certain documents and records may be destroyed in the regular course of business, and the reproductions of these documents and records are admissible as evidence in the same manner as the originals. P.A. 90-298; effective 8-1-97.

HB 1410 - Structured Settlements
Prohibits an insurance company from making payments on a structured settlement of a claim for personal injury without court approval. Prohibits a beneficiary from assigning payments under a structured settlement for a personal injury claim without court approval. P.A. 90-303; effective 1-1-98.

HB 1655 - Immunity for Reliance on Government
Immunizes a trustee, fiduciary, or other person for any act or omission if done in good faith and in conformity with any rule, interpretation, or opinion issued by the Commissioner of Banks and Real Estate, even if the Commissioner’s action is amended, rescinded, or determined by judicial or "other authority" to be invalid for any reason after person acts or omits to act. Applies to banks, bank holding companies, savings and loan associations, savings banks, corporate fiduciaries, foreign banking corporations, foreign banks, and trustees. P.A. 90-161; effective 7-23-97.

HB 1779 - Guardians and Contingency Fee Litigation
Relieves a guardian from having to participate in the prosecution of an action, its settlement, or in the award of attorney fees if there is a contingency fee litigation involving a ward that is brought on the ward’s behalf by the guardian and another person as next friend. P.A. 90-345; effective 8-8-97.

SB 361 - Personal Estate of Ward
Amends ' 25-2 of the Probate Act of 1975 to make the appointment of a representative of a ward unnecessary unless the personal estate of a ward exceeds $10,000 (now, $5,000). P.A. 90-307; effective 8-1-97.

SB 587 - Good Samaritan Optometrist
Immunizes an optometrist against civil liability if he or she provides emergency care at an accident scene. P.A. 90-413; effective 1-1-98.

SB 599 - Fraud Against Senior Citizens
Allows the court to impose an additional civil penalty for consumer fraud against persons 65 years of age of older. Creates the Elderly Victim fund. Provides that the additional civil penalty imposed against violators shall be deposited into this fund for use in investigating and prosecuting fraud committed against senior citizens and education initiatives about preventing consumer crimes against the elderly. P.A. 90-414; effective 1-1-98.

SB 710 - Uninsured and Underinsured Motorists
Makes the liberalized evidentiary rules of Supreme Court Rule 90(c) for court-annexed arbitration also apply to uninsured and underinsured motorist cases. If an action seeks money damages for less than $20,000 per person and $40,000 per occurrence (as provided by ' 7-203 of the Illinois Vehicle Code), the simplified evidentiary rules apply. A party may offer a medical expert’s report as substantive evidence at the hearing instead of being forced to produce the medical expert in person or take the expert’s evidence deposition before the hearing. P.A. 90-451; effective 1-1-98 & 7-1-98.

SB 710 - Actions Against the CTA
Under current law, ' 41 of the Chicago Transit Authority’s enabling act requires an injured person to notify the CTA’s Office of General Counsel and the office of the secretary of the Board of his or her intent to sue within six months of the cause of action. Failure to file these notices bars any suit against the CTA. This bill requires the CTA to notify a person injured by the CTA by certified mail of ' 41 if the injured person advises the CTA in writing that he or she was injured by the CTA. P.A. 90-451; effective 1-1-98 & 7-1-98.

SB 952 - Choice of Law and Forum Act
Creates the Choice of Law and Forum Act for contractual actions of more than $250,000. If the transaction is not less than $250,000, it allows Illinois law to govern the contract regardless of whether the contract bears a reasonable relation to Illinois. Allows a person to maintain action in Illinois if the parties have agreed to Illinois law as the source of law, the action relates to an obligation arising out of a transaction of not less than $500,000, and the foreign corporation or non-resident agrees to submit to Illinois courts. Will appear at 735 ILCS 105/. P.A. 90-421; effective 1-1-98.

SB 1097 - Not-for-profit Standing
Amends the General Not For Profit Act of 1986 to change the standing of a corporation to sue or be sued in its corporate name. A corporation will now have standing to sue if one or more of its members would have standing to sue in his or her own right. The interests sought to be protected must be germane to the corporation’s purposes, and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. P.A. 90-203; effective 7-24-97.

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CRIMINAL JUSTICE

HB 70 - New Controlled Substances
Adds "date rape" drugs Katamine as a Schedule III controlled substance and Gamma Hydroxy Butyric Acid as a Schedule I controlled substance. P.A. 90-382; effective 8-15-97.

HB 106 - Female Genital Mutilation
Amends the Criminal Code to create the Class X felony offense of female genital mutilation. The consent of a minor’s guardian is not a defense. P.A. 90-88; effective 1-1-98.

HB 127 - Domestic Battery-FOID
Permanently bars anyone (now, a five-year prohibition) from getting a FOID card if ever convicted of domestic battery. Applies to persons convicted of domestic battery on or after January 1, 1998. P.A. 90-493; effective 1-1-98.

HB 157 - Sex Offenders Near School
Makes it a Class 4 felony for persons convicted of specified sex offenses to knowingly be present in a school, on a bus, or on school property or loitering within 500 feet of a school while persons under 18 are present, subject to certain exceptions. P.A. 90-234; effective 1-1-98.

HB 172 - No-knock Search Warrants
Amends §108-8(b) to conform to People v. Krueger 175 Ill.2d 60, 675 N.E.2d 604 (1996) regarding no-knock search warrants.
Mandates only commencement, instead of completion, of a juvenile abuse-neglect hearing within 90 days of service of process. P.A. 90-456; effective 1-1-98.

HB 232 - Genetic Marker Testing
Amends the Code of Corrections to expand the list of sex offenses for which a conviction requires the defendant to submit blood samples for genetic marker testing, specifically adding child abduction if the court finds a sexual intent. P.A. 90-124; effective 1-1-98.

HB 271 - Fraudulent Credit Cards
Amends the Illinois Credit Act and Debit Card Act by enhancing 14 different offenses under this Act. Generally, they are enhanced from a Class A misdemeanor to a Class 4 felony. P.A. 90-189; effective 1-1-98.

HB 379 - Child Luring
Amends the Sex Offender Registration Act to provide that the persons required to register under the Act include those convicted of luring or attempting to lure a child under 16 into a building or vehicle without a parent’s consent for an unlawful purpose. Makes a subsequent offense a Class 3 felony, and adds an aggravating sentencing factor if within 1,000 feet of a public way, a school, or playground or on a bus. P.A. 90-494; effective 1-1-98.

HB 472 - Child Pornography
Amends the Criminal Code and the Unified Code of Corrections to provide that possession of child pornography is a Class 3 felony, that dissemination of child pornography is a Class 1 felony, and that persons convicted of creating or disseminating such material or of soliciting or coercing children to participate in the production of such material are not eligible for probation, periodic imprisonment, or conditional discharge and are required to serve at least the minimum sentence prescribed for the offense. P.A. 90-68; effective 7-8-97.

HB 618 - Increases of Fines
Increases maximum fines for all felonies and misdemeanors. P.A. 90-384; effective 1-1-98.

HB 710 - False Sex Offender Information
Makes it a Class 4 felony for any person who is required to register under the Sex Offender Registration Act to knowingly or willfully give false material information that is required under this Act. P.A. 90-125; effective 1-1-98.

HB 759 - False Representation as a Lawyer
Enhances the penalty from a Class B misdemeanor to a Class 4 felony for falsely representing oneself to be an attorney authorized to practice law for compensation. An exception is if the lack of authorization is based on an unintentional failure to pay attorney registration fees. P.A. 90-293; effective 1-1-98.

HB 927 - Juror Harassment
Expands scope of harassment to cover family members of jurors, witnesses, or representatives of a child. P.A. 90-126; effective 1-1-98.

HB 1029 - Prior Conviction of Domestic Battery
Allows prosecution to introduce prior convictions for domestic battery, aggravated battery committed against a family or household member, stalking, aggravated stalking, or a violation of an order of protection in a subsequent prosecution for any of these offenses if the victim was the same in both prosecutions. Requires the court to use the probative value versus undue prejudice balancing test. P.A. 90-387; effective 1-1-98.

HB 1101 - Interest on Criminal Judgments
Requires that the Code of Civil Procedure’s interest-on-judgments provision applies to criminal judgments for restitution at the rate of nine percent. P.A. 90-465; effective 1-1-98.

HB 1117 - Fraud on Government
Expands the Insurance Fraud Article to include fraud against the government. Includes self-insured entities in the various fraud provisions. Establishes penalties based upon the value of the property obtained or attempted to be obtained fraudulently, ranging from a Class A misdemeanor to a Class 1 felony. Organizer is subject to Class X sentencing. P.A. 90-333; effective 1-1-98.

HB 1123 - State’s Attorneys Under Compensation Review Act
Includes state’s attorneys under the Compensation Review Act. P.A. 90-375; effective 8-14-97.

HB 1219 - Sexually Dangerous Person Registration
Amends the Sex Offender and Child Murderer Community Notification Law to require all sex offenders (regardless of the age of the victim) to be included in the community notification process as required by the Law. Expands the Sex Offender Registration Act to include misdemeanor violations, such as attempted criminal sexual abuse. Requires a $10 initial registration fee and a $5 annual renewal fee. Amends the Sexually Dangerous Persons Act to require SDPs to re-register every 90 days for life. P.A. 90-193; effective 7-24-97.

HB 1315 - Murder of Senior Citizen or Disabled
Amends the Criminal Code for first-degree murder by providing that it is an aggravating factor allowing imposition of the death penalty if the victim is 60 years of age or older or a disabled person. Requires that the murder of a senior citizen be "exceptionally brutal or heinous behavior indicative of wanton cruelty," and defendant must have reason to know victim was disabled, defined as physically unable to care for self. P.A. 90-213; effective 1-1-98.

HB 1397 - False Information for Employment
Creates the offense of false information for employment as a Class A misdemeanor. Applies to applicants for employment in jobs that provide services to the mentally ill. P.A. 90-390; effective 1-1-98.

HB 1548 - Harm to Merchant
Amends the Criminal Code to provide that a person commits aggravated battery, which is a Class 3 felony, if he or she knowingly and without legal justification causes bodily harm to a merchant who attempts to detain the offender for alleged retail theft. P.A. 90-115; effective 1-1-98.

HB 1558 - Mandatory Consecutive Sentences
Requires the court to impose consecutive sentences for certain offenses that were not committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective. One of the convictions must be for either (1) a Class X felony or Class 1 felony and the defendant inflicted severe bodily injury, or (2) one of the convictions was for criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child. Eliminates the limitation that the aggregate of consecutive sentences may not exceed the sum of the maximum terms authorized for extended term sentences, for the two most serious felonies, for offenses that were not committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective. P.A. 90-128; effective 7-22-97.

HB 1613 - Domestic Violence
Amends the provisions of the Domestic Violence Act regarding orders of protection. Provides that the putative father of a minor child born outside of marriage has no rights or responsibilities regarding that child if the parent-child relationship has not been established under the Parentage Act or a similar statute in another jurisdiction.
Amends the Criminal Code to make it a Class A misdemeanor to prevent or attempt to prevent a victim of domestic violence from reporting the offense or seeking medical attention. P.A. 90-118; effective 1-1-98.

HB 2015 - Controlled Substance in Senior Citizen Centers
Enhances penalties by one felony class for offenses lower than Class X for delivery of controlled substances within 1,000 feet of senior citizen centers. P.A. 90-164; effective 1-1-98.

HB 2138 - DNA Testing
Creates procedure to allow DNA and other forensic testing of evidence using scientific methods not available at the time of trial. It must be non-cumulative and materially relevant to the claim of actual innocence. Frivolous claim using procedure subjects petitioner to loss of good-time. P.A. 90-141; effective 1-1-98.

HB 2178 - Fee for Genetic Marker Grouping
Requires sex offenders who are required to submit blood for genetic marker grouping to pay a fee of $500 to be deposited in the State Offender DNA Identification System Fund.
Increases proportionally the fines for traffic and criminal offender to help fund the statewide LEADS database. P.A. 90-130; effective 1-1-98.

HB 2287 - Police in Gang-related Activity
Amends the Criminal Code to make it a Class 3 felony for a police or correctional officer to act in furtherance of gang-related activity, except as part of an undercover investigation. P.A. 90-131; effective 1-1-98.

SB 5 - Evidence in Sex Offenses
Amends the Code of Criminal Procedure to provide that if a defendant is charged with certain specified sexual offenses, evidence that he or she previously committed such an offense is admissible if a probative versus prejudicial analysis is used.
Expands rape shield law to cover corroborating witnesses. P.A. 90-132; effective 1-1-98.

SB 6 - Sexually Violent Persons Commitment Act
Creates the Sexually Violent Persons Commitment Act. Provides that those inmates who are about to be released from confinement after having been convicted or adjudicated delinquent as a result of a specified sex offense, or found NGRI for such an offense, are subject to possible commitment to the guardianship of the Department of Human Services as sexually dangerous persons (SDPs). Provides for annual examinations and hearings to determine the psychiatric status of SDPs to determine if they can be released from custody. Will appear at 725 ILCS 207/. P.A. 90-40; effective 1-1-98.

SB 7 - Penalty for Repeat Sex Offender
Amends the Criminal Code to provide that if a defendant has a prior conviction of criminal sexual assault, a second conviction of a criminal sexual assault under ' 12-13(a)(1) or (2) is a sentence from 30 to 60 years. If a defendant has a prior conviction of aggravated criminal sexual assault or predatory criminal sexual assault of a child, a second conviction of criminal sexual assault under ' 12-13(a)(1) or (2) is a sentence to natural life term. A second conviction of criminal sexual assault under ' 12-13(a)(3) or (4) becomes a Class X felony. P.A. 90-396; effective 1-1-98.

SB 8 - BAC Reduction for DUI
Reduces the BAC level for DUI from .10 to .08. P.A. 90-43; effective 7-2-97.

SB 14 - Cannabis Delivery
Reinstates cannabis delivery offense levels of P.A. 89-428. Makes delivery of 2,000-5,000 grams a Class 1 felony, and a delivery of 5,000 or more grams Class X. Prevents TASC acceptance of low-grade cannabis delivery offenders if they have a prior similar conviction. P.A. 90-397; effective 8-15-97.

SB 15 - Reckless Discharge of Firearm
Amends the Criminal Code to provide for seizure and sale at public auction of any vessel, vehicle, or aircraft used with the knowledge and consent of the owner in the commission or attempted commission of the offense of reckless discharge of a firearm. P.A. 90-216; effective 1-1-98.

SB 107 - Armor Piercing Bullets
Redefines metal-piercing bullets as armor-piercing bullets in §5-24-2 and 3. P.A. 90-172; effective 1-1-98.

SB 109 - Manslaughter of Family Member
Amends the Criminal Code to provide that the offense of involuntary manslaughter committed against a member of the offender’s family is enhanced from a Class 3 felony to a Class 2 felony punishable by 3 to 14 years in prison. P.A. 90-119; effective 1-1-98.

SB 112 - Electronic Monitoring
Amends the Counties Code, the Code of Corrections, and the Code of Criminal Procedure to require that an offender placed on electronic monitoring for an alcohol or drug-related offense pay the reasonable cost of the monitoring (now $5) and of any drug or alcohol testing. Amends the Criminal Code to provide that before an order of electronic home detention is entered, the supervising authority must, if possible, obtain the written consent of the participant and the person in whose name the telephone is registered. P.A. 90-399; effective 1-1-98.
SB 123 - Sex Offender Management Board
Creates a Sex Offender Management Board to evaluate counseling and recidivism issues of sex offenders. Will appear at 20 ILCS 4026/. P.A. 90-133; effective 7-22-97.

SB 218 - Substance Abuse Treatment
Amends the Code of Corrections to require substance abuse treatment for defendant placed on supervision, probation, or conditional discharge for possession of cannabis or a controlled substance after previously receiving one of those dispositions for a similar offense. The court must also find that the defendant is addicted. P.A. 90-504; effective 1-1-98.

SB 292 - Robbery a Crime of Violence
Includes robbery in the definition of a crime of violence in the Alcoholism and Other Drug Abuse and Dependency Act. P.A. 90-135; effective 7-22-97.

SB 381 - Frivolous Lawsuits by Prisoners
Amends the Clerks of Court Act, the Court of Claims Act, the Code of Criminal Procedure, the Unified Code of Corrections, and the Code of Civil Procedure to provide that a plaintiff-prisoner is liable for the cost of certain frivolous lawsuits brought against the Department of Corrections. Provides for deduction of half the inmate’s commissary account. Defines frivolous as having no arguable basis in law or fact.
In awarding bids for appellate briefs for backlogged cases by the Appellate Defender they must go to the lowest responsible bidder under a competitive bidding program. P.A. 90-505; effective 8-19-97.

SB 429 - Assault of Police Officer or Firefighter
Amends the Criminal Code to make it a Class 4 felony to assault a police officer or firefighter if a firearm is used and the officer or firefighter is engaged in official duties. P.A. 90-406; effective 8-15-97.

SB 452 - Increased Penalty for Altered or Fictitious ID
Makes it a Class 4 felony instead of a Class A misdemeanor to knowingly possess a fictitious or unlawfully altered ID. P.A. 90-220; effective 1-1-98.

SB 508 - Cost of Incarceration
Re-enacts the provisions of P.A. 89-428 that required prisoners to reimburse the state for their incarceration. P.A. 90-85; effective 7-10-97.

SB 510 - Gang-related Obstruction of Justice
Enhances obstruction of justice in furtherance of streetgang or gang-related activity from a Class 4 to a Class 3 felony. P.A. 90-363; effective 1-1-98.

SB 521 - Paying Witnesses for Information
Amends the Criminal Code of 1961 to prohibit a witness, named in discovery, from accepting or receiving a payment or benefit in consideration for providing information obtained as a result of witnessing the event or occurrence or having personal knowledge of the facts. Written notice of this law must be given to the witness before the witness may be prosecuted. Remains applicable until judgment by the court in the action or a jury verdict. Penalty is a Class B misdemeanor for which the court may impose a fine not to exceed three times the amount of compensation requested, accepted, or received. Provides exemptions for experts, reporters, police informants, and private rewards. P.A. 90-506; effective 8-19-97.

SB 574 - Administrative Adjudication of Ordinances
Amends the Municipal Code to allow home rule municipalities to establish a system of administrative adjudication for violations of certain ordinances. Excludes reportable traffic violations. Sets standards for these proceedings and provides that the system is not the exclusive remedy for enforcement of municipal ordinances. P.A. 90-516; effective 1-1-98.

SB 738 - Rubber Bullets
Provides that a peace officer’s discharge of a firearm using ammunition designed to disable or control an individual without creating the likelihood of death or great bodily harm is not considered force likely to cause death or great bodily harm relating to a peace officer’s justifiable use of force in making an arrest. P.A. 90-138; effective 1-1-98.

SB 796 - Custodial Sexual Assault by Officers
Amends the Criminal Code to create a Class 3 felony of custodial sexual assault, which is committed by a prison guard or official or a probation or parole officer who knowingly engages in sexual conduct with a prisoner, parolee, or person on probation regardless of consent. A person convicted of the offense immediately loses his or her employment in the correctional system. P.A. 90-66; effective 7-7-97.

SB 827 - Trespass
Amends the offense of "criminal trespass to land." Deletes the current requirement of prior notice for the offense of criminal trespass by knowingly, without authority, entering or remaining within or on a building. P.A. 90-419; effective 8-15-97.

SB 921 - Closed-circuit Court Appearance
Amends the Code of Criminal procedure to allow a judge holding court in the same building in which the defendant is housed to conduct the defendant’s initial court appearance by means of two-way closed-circuit television. P.A. 90-140; effective 1-1-98.

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EDUCATION

HB 157 - Sex Offenders Near School
Makes it a Class 4 felony for persons convicted of specified sex offenses to knowingly be present in a school, on a bus, or on school property or loitering within 500 feet of a school while persons under 18 are present, subject to certain exceptions. P.A. 90-234; effective 1-1-98.

HB 574 - Detachment-Annexation Referendum
Under certain conditions, requires that petitions to change school boundaries to annex all of the territory of one or more districts into another district must be approved not only by the regional board of school trustee (or State Superintendent) but also by the voters of each affected district at the next regularly scheduled election. P.A. 90- 459; effective 8-17-97.

HB 689 - Waiver or Modification Change
Allows a local school board to change a waiver or modification within its 5-year effective period, with approval by the State Board of Education and the General Assembly. P.A. 90-462; effective 8-17-97.

HB 2132 - Reporting of Drug Violations
Creates the School Reporting of Drug Violations Act. Requires the principal of a public elementary or high school, or his or her designee, and the chief administrative officer of a private elementary or high school or of a public or private community college, college or university, or his or her designee, to report drug violations occurring in or on school grounds, on a public way within 1,000 feet of a school or on a school conveyance, within 48 hours of becoming aware of the incident. Will appear at 105 ILCS 127/. P.A. 90-395; effective 8-15-97.

HB 2171 - Truant Minor
Provides that a dispositional order issued against a truant minor in need of supervision may include a fine, public service, or suspension of a driver’s license only if the court has made an express written finding that a truancy prevention program has been offered by the school, regional superintendent of schools, or a community social services agency to the minor. Makes a rebuttable presumption that a chronic truant is a truant minor in need of supervision. Removes 30 day detention limit. School attendance records are presumed authentic and accurate. Deletes current language that first requires prevention, diagnostic, intervention, remedial and other school and community service to be unsuccessful or refused before a minor can be adjudicated a truant minor in need of supervision. Applies to counties outside of Cook County. P.A. 90-380; effective 8-14-97.

SB 31 - School Bus Control Arms
Creates a new section in the Vehicle Code that requires all school buses to be equipped with crossing control arms no later than December 31, 1999. P.A. 90-108; effective 7-14-97.

SB 66 - School Board Elections
Provides that in school districts which elect board members according to area of residence and that have one or more unexpired terms to be filled, the winner, or winners, of the unexpired term or terms shall be determined first and independently of those running for full terms. The winners of full terms shall then be determined, taking into consideration the areas of residence of those elected to fill the unexpired term or terms. P.A. 90-59; effective 7-3-97.

SB 558 - Transportation Safety Hazard Petition
Allows a parent or guardian of a pupil to petition a school board to provide free transportation between that pupil’s home and assigned school alleging the existence of a serious safety hazard due to vehicular traffic or rail crossings. P.A. 90-223; effective 1-1-98.

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ENVIRONMENTAL LAW

HB 1239 - Transportation of Hazardous Materials-Defines "Knowingly"
Amends the Illinois Hazardous Materials Transportation Act to define "knowingly" as a meaning that a person has actual knowledge of the facts giving rise to the violation or a reasonable person acting in the circumstances and exercising due care would have this knowledge. P.A. 90-263; effective 7-30-97.

HB 1411 - Sanitary Landfills
Allows an owner or operator of a sanitary landfill to accept source separated and processed landscape waste for final disposal if the landfill has received a permit from the EPA to use the landscape as alternative daily cover. P.A. 90-466; effective 8-17-97 & 1-1-98.

HB 1735 - Lien on Owners of Contaminated Property
Authorizes municipalities to clean up environmental contamination on abandoned property and place a lien on the property for the costs of the clean-up. P.A. 90-393; effective 1-1-98.

HB 1736 - Construction and Demolition Debris
Prohibits receipt, transfer, recycling, or transportation of construction or demolition debris without proper monitoring by the operator of the receiving facility or the facility to which the debris was transferred or disposed. P.A. 90-344; effective 1-1-98.

SB 140 - Local Siting Requirements
Amends the Environmental Protection Act to provide for community notification of an application for siting approval of a pollution control facility. A developer of a landfill, incinerator, or waste transfer station must notify every municipality contiguous to the site of a proposed facility. Allows for residents to participate in the local siting hearing required under current law. P.A. 90-217; effective 1-1-98.

SB 475 - Local Siting Requirements
Amends the local siting review provisions of the Environmental Protection Act. Requires the county board of a county or governing body of a municipality that negotiates a host agreement with a developer of a proposed pollution control facility to disclose that in the record of those proceedings. Requires the county board or governing body of a municipality and the siting applicant to jointly prepare a written summary of the terms and conditions of an oral host agreement entered into before a final local siting decision has been made. P.A. 90-409; effective 8-15-97.

SB 814 - Third-party Standing
Allows third parties to petition the Pollution Control Board to review a decision of the Illinois Environmental Protection Agency to issue a National Pollutant Discharge Elimination System (NPDES) permit. P.A. 90-274; effective 7-30-97.

SB 939 - Brownfields Redevelopment Grant Program
Creates the Brownfields Redevelopment Grant Program. Provides municipalities with financial assistance for activities related to brownfields redevelopment. Grants are awarded on a competitive basis subject to availability of funds. P.A. 90-123; effective 7-21-97.

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FAMILY LAW

HB 165 - Termination of Parental Rights
Creates the Interstate Compact on Adoption Act. Changes the criteria for termination of parental rights to better serve the interests of the child and attain faster permanent placement. Will appear at 45 ILCS 17/. P.A. 90-28; effective 6-25-97 & 1-1-98.

HB 951 - Unfit Person Definition
Amends the Adoption Act to expands the definition of "unfit person" to include a biological mother whose newborn child shows evidence of a controlled substance in blood, urine or meconium. P.A. 90-13; effective 6-13-97.

HB 1141 - Child Support Enforcement
Allows the clerk of the circuit court to "[r]ecover from the person making the maintenance or child support any additional cost incurred in the collection of this annual fee." The annual fee is the $36 per year charged to the obligor making these payments under a court order. Requires a court to direct the clerk of the circuit court to give to consumer reporting agencies information about an obligor if the obligor is in arrears for three months of support or has an arrearage totaling more than $10,000. If the obligor resides in the same county as the office of the clerk, the court is required to direct the clerk to publish the obligor’s name and address in the local newspaper. The clerk must first give notice to the obligor of the court order requiring publication of this information. P.A. 90-466; effective 8-17-97 & 1-1-98.

HB 1613 - Domestic Violence Clean-up
Amends the provisions of the Domestic Violence Act regarding orders of protection to provide that the putative father of a minor child born outside of marriage has no rights or responsibilities regarding that child if the parent-child relationship has not been established under the Parentage Act or a similar statute in another jurisdiction.
Amends the Criminal Code to make it a Class A misdemeanor to prevent or attempt to prevent a victim of domestic violence from reporting the offense or seeking medical attention. P.A. 90-118; effective 1-1-98.

HB 1705 - UIFSA
Makes substantive and technical changes to the Uniform Family Support Act to comply with the federal welfare reform act (P.L. 104-193). The federal legislation required that the states adopt the most recent version of UIFSA as adopted by the National Conference of Commissioners on Uniform State Laws. Expands and clarifies the procedure for determining which child-support order is controlling if more than one state has issued an order of support against the same obligor and child. Requires that the obligor’s employer must comply with a withholding order from another state that is regular on its face and the amounts to be withheld are expressed as sums certain and as periodic payments and grants immunity to the employer who complies with such an order. Applies the law of the obligor’s work state in assessing the fees for employers for processing the withholding of income, determining limitations on amounts that can be withheld from an obligor’s income, and establishing priorities if the obligor-employee has multiple support obligations. Allows a tribunal of a non-issuing state the jurisdiction to enforce, modify, or enforce and modify an issuing state’s child support order if the obligor and obligee reside in the non-issuing state. A tribunal exercising such jurisdiction may apply only the definitional and long-arm jurisdiction sections of UIFSA because the rest are inapplicable to an intrastate case. All other issues are to be determined by the procedural and substantive law of state of the non-issuing tribunal. Repeals the current Revised Uniform Reciprocal Enforcement of Support Act. P.A. 90-240; effective 7-28-97.

HB 1707 - Welfare Reform Implementation Act
Repeals the process of using orders of withholding and notices of delinquency unless those documents were served before 7/1/97. If they were served before July 1, orders of withholding and notices of delinquency are still valid. After July 1, these matters are now governed by orders of support that must contain certain income withholding information. A notice of withholding is the document that is now actually served on employers, and a copy must also be sent to the obligor. The notice of withholding is to be prepared by either the obligee or a public office.
Eliminates the right to a jury trial in a paternity cases.
Applies the Uniform Fraudulent Transfer Act to claims for child support.
Requires that all orders of support include a provision for the health care coverage of the child or children.
Requires governmental, financial institutions, and other private entities to share information concerning the address and employment of obligors, and allows for the imposition of significant penalties for failing to timely comply with these requests. P.A. 90-18; effective 7-1-97.

HB 2152 - Discovering Hidden Assets
Allows proceedings for discovery and collection of assets in "piercing the ownership veil" under the Illinois Marriage and Dissolution of Marriage Act or the Illinois Parentage Act of 1984. Piercing the ownership veil requires "[a] unity of interest and ownership sufficient to render no financial separation between a non-custodial parent and another person or persons or business entity." If this unity is established, the court may discover assets of the non-custodial parent held in the name of the other person, persons, or business entity. Three criteria must be met before the court may order discovery and attach assets of the other person or entity. The other non-custodial parent and the other person or entity must (1) maintain records together, (2) fail to maintain an arms-length relationship between themselves with regard to any assets, and (3) transfer assets to the other person or entity with the intent to perpetrate a fraud on the custodial parent. A court must get jurisdiction by proper service on the entity holding title before it can attach or enforce under these provisions. Orders under this new provision do not affect the rights of bona fide purchasers, mortgagees, judgment creditors, or other lien holders who have perfected their interests before a lis pendens notice or copy of the court's order is filed in the recorder's office in which the real property is located. P.A. 90-476; effective 1-1-98.

SB 102 - DNA Testing
Notice of paternity suit must advise presumed father of right to DNA testing. Prior mandatory provision for appointment of counsel for indigent defendants replaced with permissive language. P.A. 90-23; effective 1-1-98.

SB 125 - Pending Dissolution Petitions
Requires that a petition for dissolution of marriage must disclose whether a similar petition is pending in another county or state. P.A. 90-174; effective 10-1-97.

SB 366 - Parental Rights Termination
Allows a court to terminate parental rights at an initial dispositional hearing if certain conditions are met. Encourages expedited termination hearings. P.A. 90-443; effective 8-16-97.

SB 427 - Child’s Attorney
Amends ' 506 of the Illinois Marriage and Dissolution of Marriage Act to allow a court to appoint an attorney to represent the "best" interests (now, interests) of a minor or dependent child for the child’s support, custody, visitation, and now, "property." P.A. 90-309; effective 1-1-98.

SB 619 - Interim Adoption Orders
Amends the Adoption Act to require that service be completed on the parent or parents whose rights have not been terminated before an interim order of adoption can be entered. It also requires that the party seeking the interim custody order make all reasonable efforts to locate the parent or parents and notify them of the request for the order. An interim custody order may be allowed without notice if the petition and affidavit state that there is an immediate danger to the child and that irreparable harm will result if notice is given to the parent, parents, or legal guardian. The court must also make a similar finding before granting a 10-day order. P.A. 90-349; effective 1-1-98.

SB 856 - Collection of Child Support
Allows the Department of Revenue (DOR) to collect delinquent child support in any manner that DOR is now authorized in collecting delinquencies for any taxes administered by DOR. P.A. 90-491; effective 1-1-98 & 1-1-99.

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HEALTH CARE

HB 8 - Genetic Information Privacy Act
Creates the Genetic Information Privacy Act. Provides that information form such testing is confidential. Limits use of such information by insurers and employers. Employees must treat genetic information in a manner consistent with federal law. Will appear at 410 ILCS 513/. P.A. 90-25; effective 1-1-98.

HB 725 - Medical Treatment Decisions
Amends the Health Care Surrogate Act to prohibit the Act from applying if a patient has an operative and unrevoked declaration for mental health treatment. Allows a surrogate to make medical treatment decisions even when the patient does not have a "qualifying condition" as defined under the Act. In these circumstances, a surrogate may not forgo life-sustaining treatment as defined in the Act.
Amends the Health Care Right of Conscience Act to protect health care providers from liability or discrimination for refusal to assist in health care services that violate the provider’s policies. P.A. 90-246; effective 1-1-98.

HB 1252 - Omnibus Disabled Adult Bill
Makes numerous changes affecting the disabled adult statutes. Requires a court order for any decision by the guardian to forgo or withdraw life-sustaining treatment that is not authorized under the Health Care Surrogate Act unless the guardian is also a health care agent for the ward under a valid power of attorney for health care. P.A. 90-250; effective 7-29-97.

HB 1881 - Health Insurance Mandates
Amends a number of public acts to require that health benefits regulated by them include an annual mammogram for women age 40 and older. Amends a number of acts to allow inpatient coverage for a mastectomy patient to be determined by the attending physician. Allows a shorter inpatient stay under certain conditions.
Makes other changes regulating naprapaths. P.A. 90-7; effective 6-10-97.

SB 802 - Health Insurance Portability Act
Creates the Illinois Health Insurance Portability and Accountability Act to comply with federal legislation (P. L. 104-191). Will appear at 215 ILCS 97/. P.A. 90-30; effective 7-1-97.

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JUVENILE JUSTICE

HB 53 - Office of Chronic Truant Adjudication
Requires the Chicago Board of Education to establish an Office of Chronic Truant Adjudication. to administratively adjudicate and impose sanctions for chronic truants. If a pupil or a pupil’s parent or guardian fails to comply with the sanctions ordered by a hearing officer, this Office may refer the matter to the local state’s attorney for prosecution under the Juvenile Court Act of 1987. P.A. 90-143; effective 7-23-97.

HB 56 - Foster Child Criminal Background
Requires DCFS to provide "criminal background" information of the child being placed with a foster caretaker of that child. The term "criminal background" is not defined by the bill. P.A. 90-11; effective 1-1-98.

HB 66 - Omnibus Juvenile Justice Bill
This bill contains numerous changes to a number of public acts that affect children, which must be read in conjunction with HB 165. House Bill 66 is a "trailer" bill to clean up the errors and technical flaws in HB 165.
Allows DCFS to seek a finding after a dispositional hearing that "reasonable efforts are no longer appropriate." If the court makes such a finding, DCFS is no longer required to provide further reunification services.
Requires DCFS to maintain a system to respond to inquiries by parents regarding custody or guardianship of their children. Prohibits DCFS from discriminating against foster parents on the basis of race. Amends provisions for expedited termination of parental rights to clarify that they apply if parental rights of a sibling have been "involuntarily" terminated.
Revises provisions governing the appearance of counsel to require representation through the permanency hearings and termination of parental rights proceedings. (Subject to the withdrawal or substitution under Supreme Court Rules or the Code of Civil Procedure.) Following the dispositional hearing, the court may require appointed counsel to withdraw his or her appearance upon failure of the party for whom counsel was appointed under this section to attend any subsequent proceedings.
Revises requirements for visits by guardians ad litem. Requires a minimum of one in-person contact with the minor and one contact with the current caregiver before the adjudicatory hearing, and at least one additional in-person contact with the child and caregiver before the first permanency hearing, and one additional in-person contact with them each subsequent year. All face-to-face interviews may be excused for good cause shown.
Clarifies that default orders may only be entered against parents who have been properly served and then failed to appear. Further clarifies that after proper service, no further service is required except as by Supreme Court Rule 11.
Adds a new provision to ' 2-23 (kinds of dispositional orders), which is as follows: the court may terminate the parental rights of a parent at the initial dispositional hearing if all of the conditions in ' 2-21(5) are met (a finding of unfitness).
Under the placement section (' 2-27), when unfitness has been established by clear and convincing evidence, the court must terminate parental rights if appropriate and in the best interest of the minor.
Clarifies that the initial permanency hearing must be held within 12 months from the date temporary custody was taken. Requires that the court enter a written order following the permanency hearing setting forth the permanency goal, the services, and whether the services have been appropriate and provided.
Revises ground "m" for unfitness with HB 165 to require substantial fulfillment of the obligations under the service plan and correction of the conditions that brought the child into care within nine months. P.A. 90-27; effective 6-25-97 & 1-1-98.

HB 165 - Omnibus Juvenile Justice Bill
This bill contains numerous changes to a number of acts that affect children, which must be read in conjunction with HB 66.
Revises the definition of child welfare services to include the protection of the health and safety of the children. (Now, just their welfare is considered.) Defines "best interests." Requires court-appointed counsel to appear at all stages of the trial court proceedings.
Requires only one notice, after which the responsibility will be on the attorney to advise clients of future court dates. Requires an in-person contact with the child by guardian ad litem. Creates procedures for default terminations. Requires specific goals to be set by the court at the initial permanency hearing. Revises ground "m" for unfitness with HB 66 to require substantial fulfillment of the obligations under the service plan within nine months.
Creates a new ground for unfitness, which is abandonment of the newborn infant in the hospital. Creates another new ground for unfitness, which is abandonment of a newborn infant in any setting that suggests that the parent intended to relinquish his or her parental rights. Creates the Interstate Compact on Adoption Act, which will appear at 45 ILCS 17/.
Adds crimes to ground "J-1" for unfitness; namely, first or second-degree murder, attempt murder, solicitation to commit murder of a child, and accountability for murder of a child. Adds new ground for unfitness if parent incarcerated and has little or no contact or support or has been repeatedly incarcerated. P.A. 90-28; effective 6-25-97 & 1-1-98.

HB 172 - Adjudicatory Hearing
Provides that an adjudicatory hearing for an abused, neglected, or dependent minor must begin (rather than be completed) within 90 days of the date of service of process upon the minor, parents, guardian, or legal custodian. P.A. 90-456; effective 1-1-98.

HB 723 - Youthful Offender Program
Permits the Department of Corrections to establish a six-year program for youthful offenders released to parole by the DOC in the counties of Cook, DuPage, Lake, Will, and Kane. The program is directed at juveniles who likely will have difficulty re-adjusting to the community and who have significant clinical problems or a history of criminal activity related to sex offenses, weapons, or drugs. P.A. 90-79; effective 1-1-98.

HB 951 - New Ground for Unfitness
Adds another new ground for unfitness under the Adoption Act, which is as follows: (1) a finding that at birth the child’s blood or urine contained any amount of a controlled substance as defined in subsection (f) ' 102 of the Illinois Controlled Substances Act; or (2) a finding that at birth the child’s blood or urine contained metabolite of a controlled substance; and (3) the biological mother is also the biological mother of at least one other child who was adjudicated a delinquent minor under subsection (c) of ' 2-3 of the Juvenile Court Act of 1987; and (4) after this conviction, the biological mother had the opportunity to participate in a drug counseling, treatment, and rehabilitation program. This new ground may not be used if the presence of controlled substances or metabolites of those substances is caused by medical treatment administered to the mother or newborn infant. P.A. 90-13; effective 6-13-97.

HB 977 - Juvenile Court Records
Permits a civil service commission or appointing authority to obtain juvenile court records and law enforcement records of juveniles to evaluate the character and fitness of applicants for jobs with law enforcement or corrections. P.A. 90-127; effective 1-1-98.

HB 1286 - Children’s Waiting Room Fee
Allows counties to assess a fee of not more than $5 to defray the cost of a children’s waiting room for children whose parents or guardians are attending a court hearing as a litigant, witness, or for other court purposes as determined by the court. The fee must be paid a the time of filing the first pleading, paper, or other appearance filed by each party in all civil cases. P.A. 90-117; effective 1-1-98.

HB 1294 - Adolescent Family Life Program
Allows the Illinois Department of Human Services to establish a three-year demonstration program in Cook County to be known as the Adolescent Family Life Program for high-risk pregnant adolescents who are abusing alcohol or drugs. P.A. 90-238; effective 1-1-98.

HB 1426 - Child Death Review Changes
Makes several changes to the Child Death Review Team Act. Requires that a child death review team review a child’s death within 90 days of the completion by DCFS of the investigation of the death; or, if none is completed, within 90 days after the team obtains the information necessary to complete the review from the coroner, pathologist, medical examiner, or law enforcement agency, depending on the nature of the case.
Includes within the definition of "neglected" under the Juvenile Court Act of 1987 any newborn whose meconium contains any amount of a controlled substance as defined in the Illinois Controlled Substances Act. P.A. 90-239; effective 7-28-97.

HB 1535 - Minor Detention Fee
Requires a court to assess the responsible person at a shelter care or detention hearing at a rate not to exceed $10 for the minor’s room and board. The county board where the minor is being detained must establish the rate, and the chief judge must approve the rate as well. The trial court must also find that the responsible party is able to contribute before the assessing this fee, which must be paid on the same day of every week. P.A. 90-157; effective 1-1-98.

HB 1707 - Welfare Reform
Implements in Illinois the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Eliminates the right to a jury trial in paternity cases. (See Art. I, Sec. 13 Ill. Const. 1970; and People ex rel. O’Malley v. 6323 N. LaCrosse Ave., 158 Ill.2d 453, 199 Ill.Dec. 690, 634 N.E.2d 743 (1994). P.A. 90-18; effective 7-1-97.

HB 2171 - Truant Minor
Provides that a dispositional order issued against a truant minor in need of supervision may include a fine, public service, or suspension of a driver’s license only if the court has made an express written finding that a truancy prevention program has been offered by the school, regional superintendent of schools, or a community social services agency to the minor. Makes a rebuttable presumption that a chronic truant is a truant minor in need of supervision. Removes 30 day detention limit. School attendance records are presumed authentic and accurate. P.A. 90-380; effective 8-14-97.

SB 171 - Teen Court Program
Amends the Juvenile Court Act to allow a county or municipality to establish a teen court program, under which a minor juvenile officer, as a station adjustment, may order a minor accused of a misdemeanor and not previously adjudicated delinquent to be tried by a jury of 12 persons aged 10-19. The teen court may sentence the minor to pay restitution or perform 10-60 hours of community service. Ensures confidentiality by requiring "jurors" to so attest. Limits their role to sentencing. P.A. 90-402; effective 1-1-98.

SB 341 - Waiver of Liability for Support
Amends the Juvenile Court Act to require a court waive liability for support of a child or legal fees for a parent of guardian who shows by documentation that full payment would cause financial hardship. Would allow county to pursue parents first. P.A. 90-483; effective 1-1-98.

SB 345 - Omnibus Juvenile Justice Bill
Provides that the Department of Children and Family Services shall adopt rules to implement State policy to protect the addresses and telephone numbers of foster parents from disclosure and shall provide prior notice to foster parents of any authorized disclosure.
Amends the Juvenile Court Act of 1987 to allow that in an order of protection issued by the court under this Act, the court may order a person to refrain from contacting a minor and the minor’s foster parents in any manner not specified in the case plan.
Further amends the Children and Family Services Act to provides that grandparents or godparents of a child placed in foster care may be granted visitation upon a review of their backgrounds and approval by the Department of Children and Family Services or the Juvenile Court Act. Amends the Adoption Act concerning findings under the Juvenile Court Act of 1987.
Provides a presumption that a person is unfit to have a child if within 12 months after an adjudication of neglect, abuse, or dependency, a parent has failed to make reasonable efforts to correct the conditions leading to the determination, or the parent continues to be an alcoholic or addict after treatment. Provides that a person is unfit to have a child if a pattern of neglect, abuse, or dependency of the child is shown by clear and convincing evidence that may include three or more findings of neglect, abuse, or dependency of the child’s siblings who have been residing outside the parental home for more than one year.
Provides that consents and surrenders to adoption are not required from a person who is found by the court to be the father of the child as a result of criminal sexual abuse or assault.
Provides that the Putative Father Registry may not be used to notify a putative father whose fatherhood was caused by criminal sexual abuse or assault against the mother. Makes other changes. P.A. 90-15; effective 6-13-97.

SB 366 - Parental Rights Termination
Allows a court to terminate parental rights at an initial dispositional hearing if certain conditions are met. Encourages expedited termination hearings. P.A. 90-443; effective 8-16-97.

SB 511 - Attorney Fees Under Parental Responsibility Law
Allows reasonable attorney fees to be awarded as part of the total damages under the Parental Responsibility Law, and increases that total from $1,000 to $2,500. Exempts a unit of government from recovering attorney fees under this Act. P.A. 90-311; effective 1-1-98.

SB 853 - Abuse Information Disclosure
Allows DCFS to respond to the public by disclosing certain information in certain situations. Permits the following information to be disclosed: (1) the name of the alleged abused or neglected child; (2) the current status of the investigation; (3) identification of child protective or other services provided or actions taken regarding the child named in the report and his or her family as a result of the report; (4) whether there have been past reports of child abuse or neglect involving this child or family and the finding of each report; (5) whether DCFS has a current or past open service with the family, and a history of what kinds of services have been or currently being provided; (6) any extraordinary or pertinent information concerning the circumstances of the report, if the Director determines such disclosure is consistent with the public interest. The information may not be disclosed if contrary to the best interests of the child or the child’s siblings and one or more of the following is present: (1) the subject of the report has been criminal charged with committing a crime related to the child abuse or neglect; (2) a law enforcement official, state’s attorney, or judge has been publicly discussed in a report as part of his or her official duty, information regarding the investigation of a report or the provision of services by DCFS; (3) an adult subject of the report has knowingly and voluntarily made a public disclosure concerning a CANTS report; (4) the child named in the report has been critically injured or died. Prohibits any disclosure of information identifying the name or a source of the report and other changes. P.A. 90-75; effective 1-1-98.

SB 1002 - Juvenile Impact Incarceration Program
Permits the Department of Probation and Court Services to create a county juvenile impact incarceration program in counties with more than three million residents (now, only in counties with three million or fewer residents). P.A. 90-256; effective 1-1-98.

SB 1099 - Permanency Goals and Hearings
Makes technical and substantive amendments to the Juvenile Court Act of 1987 regarding permanency goals and administrative permanency hearings. The first permanency hearing must be held within 12 months of temporary custody (now, 16 months). Administrative Rules of Evidence--relevant and reliable. P.A. 90-87; effective 9-1-97.

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LOCAL GOVERNMENT

HB 231 - Plat Requirements
Requires plats filed under the Plat Act to include a notarized statement indicating the school district in which each tract, parcel, lot, or block lies. An owner who knowingly files an incorrect statement under this Act is liable for damages to any subsequent buyer of the property who relies to his or her detriment on the incorrect statement. P.A. 90-286; effective 1-1-98.

HB 235 - Civic Center Code
Creates the Civic Center Code. Makes technical changes to the laws governing civic centers. Replaces existing acts creating civic center authorities in various locations in the state. Standardizes civic center provisions and incorporates them into the articles authorizing the civic centers. Will appear at 70 ILCS 200/. P.A. 90-328; effective 1-1-98.

HB 353 - Local Government Omnibus Bill
Amends the Illinois Municipal Code to provide that the contiguous territory not exceeding two square miles in a county with a population of not less than 300,000 or not more than 350,000 (instead of 150,000 or more) may be incorporated as a village if a petition is filed before January 1, 2000 (instead of within two years after the effective date of this amendatory act of 1997.)
Provides that requirements of the code concerning compatibility with the official plan for the development of the county shall not apply to that territory and that, under certain circumstances, the corporate authorities of any municipality shall not restrain or interfere with an adjacent municipality’s construction, maintenance, alteration, or extension of a sewerage system that accesses intercepting and outlet sewers of a third consenting wastewater treatment authority outside of the adjacent municipality’s corporate boundaries.
If a municipality annexes part of the territory of a public water district, sanitary sewer district, or both (now a public water district), the municipality and the district may enter into contracts concerning certain matters.
Amends the Special County Retailers’ Occupation Tax Act to define "public safety" to include but not be limited to fire fighting, police, medical ambulance, or other emergency services.
Amends the Township Code to provide that the township board of trustees may employ and fix the compensation of a separate township attorney who shall represent the highway commissioner if approved by the highway commissioner and requires the compensation to be paid out of the township road fund.
Excludes counties with a population of 30,000 or less from the section providing for the election of the commissioners of a forest preserve district and validates the appointments of commissioners in those counties that continued to appoint commissioners after the effective date of the election provisions. P.A. 90-190; effective 7-24-97.

HB 480 - Townships-Petition to Discontinue
Provides that a question of the continuance of township organization must be submitted to the voters upon the petition of at least ten percent of the registered voters of each township (now, of the county), as determined at the close of registration before the last regularly scheduled election before the question is submitted. P.A. 90-112; effective 1-1-98.

HB 652 - Election Changes
Abolishes the nonpartisan election held on the first Tuesday after the first Monday in November of odd-numbered years. Instead, it makes provisions for those officials elected at the nonpartisan election to be elected at the consolidated election held on the first Tuesday in April of odd-numbered years. This will primarily affect school board members. P.A. 90-358; effective 1-1-98.

HB 661 - Graffiti Removal
Provides that municipalities may remove graffiti from private property, but may not recover the cost of removal from the owner. The owner must first refuse or neglect to remove it after reasonable notice asking him or her to do so. P.A. 90-292; effective 1-1-98.

HB 674 - Animal Control Officers Get Police Powers
Allows counties to grant full police powers to certain animal control personnel, including the power to carry weapons. P.A. 90-385; effective 8-15-97.

HB 800 - Dissemination of Public Records
Prevents a public body from contracting with a third party for the exclusive right to access and disseminate public records. P.A. 90-206; effective 7-25-97.

HB 824 - County Law Library Fee
Allows a county board of a county of any size to authorize a $10 filing on initial pleadings or appearances in civil cases. P.A. 90-92; effective 1-1-98.

HB 978 - Police Horses
Amends the Humane Care for Animals Act to add police animals (horses) to the provisions prohibiting against teasing, striking, or tampering with police dogs and injuring or killing them. P.A. 90-80; effective 7-10-97.

HB 1048 – Special Service Area Tax
Creates a special service area tax if at least 30 percent of the roads in a municipality are not owned or controlled by the municipality, and those roads provide access to emergency vehicles. The tax is to be used for repair, maintenance, and reconstruction of the private roads. Requires 51 percent or more of the owners of the real estate that is subject to the tax to sign a petition with the clerk of the municipality agreeing with the establishment of the special service area. P.A. 90-299; effective 8-1-97.

HB 1188 - County Zoning Prohibition on Farm Land
Prohibits counties from using their zoning powers to impose regulations or require permits with respect to land used for agricultural purposes. Defines agricultural purposes to include the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses, when they constitute the principal activity on the land. Allows counties to establish a minimum lot size for residence on land used for agricultural purposes. P.A. 90-261; effective 1-1-98.

HB 1193 - Local Government Omnibus Bill
Provides that for purposes of a Municipal Joint Action Water Agency the water supply may only be derived from Lake Michigan, the Mississippi River, or the Missouri River (now Lake Michigan or the Mississippi River).
Amends the Property Tax Code, the Township Code, and the Illinois Municipal Code regarding the compensation of certain township and municipal officials.
Amends the Township Code and the Public Aid Code to provide that township supervisors may serve on the Cook County Townships Public Aid Committee.
Amends the Township Code to provide that items may be added to the township meeting agenda only by a three-fifths majority (now only by a majority) vote of the electors in attendance at the meeting.
Provides that the electors may authorize the township board of trustees to provide (now the electors may provide) mental health services by disbursing existing funds, if available, by contracting with mental health agencies (now by disbursing funds by an appropriation to mental health agencies).
Deletes provisions concerning the employment of engineers, the prevention of weeds, audits of township funds, and township clerk fees.
Amends the Bi-State Development Agency Act to authorize commissioners to participate in a committee or board meeting by conference telephone or other communication equipment, with participation in this manner constituting presence at the meeting. P.A. 90-210; effective 7-25-97.

HB 1417 - County Public Safety Sales Tax
Provides that the county board of a county that imposes the county public safety sales tax may, by ordinance, discontinue the tax or lower its rate. Provides that if the tax is discontinued or lowered, a referendum must be held in order to increase or reimpose the tax. P.A. 90-267; effective 7-30-97.

HB 1492 - Freedom of Information Act Requests
Amends the Illinois Administive Procedure Act to provide that requests for copies of agency rules and material incorporated by reference in those rules shall not be deemed Freedom of Information Act requests unless so labeled by the requester. P.A. 90-155; effective 7-23-97.

SB 21 - Special Tax Procedures for Townships
Makes numerous changes to township law including the procedures for levying special taxes for improvements. P.A. 90-438; effective 1-1-98.

SB 103 - Single Special Assessment
Creates the Special Assessment Supplemental Bond and Procedure Act (will appear at 50 ILCS 460/). Provides supplemental authority regarding the procedures for the making and payment of local improvements by special assessment and the issuance and sale of obligations payable from the special assessments. The governing body that elects to become subject to this Act, by referring to this Act in the special assessment ordinance, may provide for certain additional amounts in the special assessment for the acquisition and construction of local improvements. A governmental unit may, by a supplemental ordinance, choose to use only the provisions of the Act concerning the Supplemental Act Assessment Bonds. Issuance of Supplemental Act Assessment Bonds in an amount not to exceed the amount of the assessments confirmed in a special assessment proceeding less the principal amount of any assessment previously paid and less the principal amount of any vouchers that may have been previously issued. Amends the Statute on Statutes to include the Special Assessment Supplemental Bond and Procedure Act in the list of Omnibus Bond Acts.
Amends the Illinois Municipal Code to provide that multiple local improvements may be combined under one special assessment project provided that the assessing commissioner considers whether each piece of property is benefited by all or only some of the improvements. Combining improvements under one special assessment project shall not be a ground for objection to the special assessment proceeding, and any combination of improvements in a local contiguous area may be placed in one special assessment project. Defines a local contiguous area as an area where all of the lots will be benefited by at least one of the proposed improvements. P.A. 90-480; effective 8-17-97.

SB 106 - Local Government Omnibus Bill
Amends the Illinois Municipal Code to provide that land that is annexed without zoning is automatically classified to the highest zoning classification of the municipality providing principally for residential use.
Amends the Illinois Vehicle Code with respect to enhancing authorized administrative adjudication. This proposal would allow unsatisfied municipal wheel tax or equipment violations to also count against a driver in determining whether his or her license can be revoked. Allows municipalities and counties to enter into traffic control agreements with owners of commercial and industrial facilities located within the municipality. Under these agreements, the municipality or county would be authorized to regulate parking of vehicles and traffic within the parking lots of these privately owned facilities.
Amends the Underground Utilities Facilities Damage Prevention Act (JULIE) to address the indemnification of municipalities for the negligence of others in the JULIE membership. Limits municipal liability to their acts or omissions.
Provides that in cases of coterminous city/townships only, whenever territory is disconnected from the city by ordinance or court order, such property is automatically disconnected from the coterminous township and connected to the adjacent township. Further provides that upon objection by either affected township, the county board may pass an ordinance annulling the automatic disconnection; however the annulment by the county board shall not affect the city’s status as a city with a coterminous township.
Provides for a mandatory retirement age and hiring limitation for police officers and firefighters.
Provides that when the Cook County Forest Preserve District builds on land within the district, the building codes of the county and not any other unit of local government apply.
Provides that when a forest preserve district is located within a county governed by a county human resource ordinance (now any law regulating its civil service and the method of selecting its employees), then the district’s employees shall be selected under and subject to the human resource ordinance (now the law regulating civil service). P.A. 90-481; effective 8-17-97.

SB 111 - Residency of County Board Member
Provides that no person is eligible to hold the office of county board member or commissioner in counties of less than three million unless he or she is a legal voter and has been a resident of the county for at least one year next preceding the election. P.A. 90-173; effective 1-1-98.

SB 155 - Special Use Zoning in Counties
Amends the Counties Code to provide for the classification of special uses by the county board. Provides that special uses may be permitted only after a public hearing and that special uses shall be permitted only upon evidence that the use meets certain standards and may be subject to conditions reasonably necessary to meet the standards. A municipality whose boundaries are within 1 1/2 miles of the area proposed to be classified as a special use shall be given notice of the hearing and standing to object to the granting of a special use permit and provides the owners of land immediately touching, or immediately across a street, alley, or public right-of-way from land to be affected by the special use permit shall be given notice of the hearing and standing to object to the granting of a special use permit. A majority vote of the county board is required to grant a special use permit, unless the county board provides by ordinance that a two-thirds vote is required. P.A. 90-175; effective 1-1-98.

SB 180 - Local Government Debt Reform Act
Amends the Local Government Debt Reform Act to provide that, except for an ordinance required to be published in connection with a backdoor referendum, any bond ordinance adopted by a governing body shall become effective immediately without publication or posting or any further act or requirements. Deletes similar language that applies only to refunding bonds. P.A. 90-306; effective 8-1-97.

SB 213 - Vacation of Streets and Alleys
Amends the Illinois Municipal Code to provide that an ordinance vacating a street or alley shall not become effective until the owners of all property or any particular parcel or parcels of property (now property) abutting upon the street or alley shall pay compensation that is the fair market value of the property acquired or of the benefits which will accrue to them by reason of that vacation (now equal to the benefits which will accrue to them by reason of that vacation). Provides that if the ordinance provides that only the owner or owners of one particular parcel shall make payment, then that owner or those owners shall acquire title to the entire vacated street or alley. P.A. 90-179; effective 7-23-97.

SB 307 - Township Health Care
Allows a township, located in a county with a population of 25,000 or less and containing a federally-designated health manpower shortage area, to provide for primary health care under an intergovernmental cooperation agreement or under contract with health care professionals. Applicable to 15 counties, it requires a referendum to allow the township to tax for purposes of providing the health care. P.A. 90-439; effective 8-16-97.

SB 531 - Rent Control Preemption Act
Creates the Rent Control Preemption Act. Prohibits rent control by a unit of government, including a home-rule unit. Applies to private residential housing, but does not apply to property in which the unit of local government has an interest. Will appear at 50 ILCS 825/. P.A. 90-313; effective 8-1-97.

SB 574 - Administrative Adjudication by Municipalities
Amends the Municipal Code to allow home rule municipalities to establish a system of administrative adjudication for violations of certain ordinances. Excludes reportable traffic violations. Sets standards for these proceedings, provides that the system is not the exclusive remedy for enforcement of municipal ordinances, and provides for judicial review of these decisions. P.A 90-516; effective 1-1-98.

SB 594 - Public Officers-Conflict of Interest
Amends the Public Officer Prohibited Activities Act and the Illinois Municipal Code. Provides that a member of a governing body may have a one percent ownership interest in an entity providing materials or services to the governing body if the member publicly discloses the interest before or during deliberations of the contract. Provides that a municipal officer is not deemed interested in a company if the officer is an employee of or owns or holds an interest of one percent or less, or both, in the officer’s individual name in a company that is involved in the transaction of business with the municipality and that company’s stock is traded on a nationally recognized securities market. Provides that a municipal officer is not deemed interested in a company if the officer owns or holds an interest of one percent or less, not in the officer’s individual name but through a mutual fund, in a company, that company is involved in the transaction of business with the municipality, and that company’s stock is traded on a nationally recognized securities market. Further provides that any person serving on a municipal advisory panel or commission or nongoverning board or commission is not prohibited (now is prohibited) from having an interest in the transaction of business with the municipality unless that person’s duties include evaluating, recommending, approving, or voting to recommend or approve the business. P.A. 90-364; effective 1-1-98.

SB 596 - Administrative Adjudication by Counties
Amends the Counties Code. Allows a county under three million to establish an administrative adjudication system for certain ordinance violations. These would include codes for building, zoning, sanitation, solid waste, nuisances, and animal control. P.A. 90-517; effective 8-22-97.

SB 607 - State Registry for Units of Local Government
Requires the state comptroller to establish and maintain a registry of all units of local government. Includes other provisions. P.A. 90-104; effective 7-11-97.

SB 682 – Audit of Circuit Clerks
Requires the county board in each county to have an audit done of the local circuit court clerk. This requirement begins with fiscal years ending in 1999 and continues thereafter. P.A. 90-350; effective 1-1-98.

SB 762 - Part-time Corrections Officers
Eliminates the mandatory training requirements for part-time county corrections officers. P.A. 90-271; effective 7-30-97.

SB 1109 - County Telecommunications
Amends the Counties Code to provide that a county may regulate certain facilities of a telecommunications carrier. Sets forth design and location requirements for those facilities and provides that counties with a population of 180,000 or more may grant variations from regulations concerning those facilities. P.A. 90-522; effective 1-1-98.

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REAL ESTATE

HB 231 - Plat Requirements
Requires plats filed under the Plat Act to include a notarized statement indicating the school district in which each tract, parcel, lot, or block lies. An owner who knowingly files an incorrect statement under this Act is liable for damages to any subsequent buyer of the property who relies to his or her detriment on the incorrect statement. P.A. 90-286; effective 1-1-98.

HB 358 - Property Disclosure Clarification
Amends the Residential Real Property Disclosure Act to clarify ambiguities on each party’s responsibilities under the Act. Specifies that if the seller fails or refuses to provide the disclosure document before conveyance, the buyer has the right to terminate the contract. Defines "seller" to exclude any person or entity who has never occupied the property or had any management responsibility or delegated this responsibility to another person or entity. Clarifies what supplemental information must be disclosed and when. Specifies that if a material defect is disclosed as supplemental information, the buyer does not have a right to terminate unless a material defect results from an error, inaccuracy, or omission of which the seller had actual knowledge at the time the prior disclosure document was completed. Clarifies that a disclosure report is supposed to reflect the current condition of the premises and does not include previous problems, if any, that the seller reasonably believes have been corrected. P.A. 90-383; effective 1-1-98.

HB 1111 - Mechanics Lien Act
Requires anyone who requests or requires a wavier of a mechanics lien from anyone furnishing labor, services, or materials in exchange for payment or the promise of payment to hold those sums in trust as trustee for the person executing the waiver. Does not require a separate account for these sums. Creates a cause of action against the trustee who violates this section for all damages sustained by person who executes the waiver. P.A. 90-208; effective 7-25-97.

HB 1345 - Real Estate Broker Lien Act
Makes this Act apply to tenants of commercial leases (now, just buyers) and requires that the lien attach to the interest purchased or leased by the buyer or tenant as of the date of the recording of the notice of lien. P.A. 90-338; effective 8-8-97.

HB 1655 - Immunity for Reliance on Government
Immunizes a trustee, fiduciary, or other person for any act or omission if done in good faith and in conformity with any rule, interpretation, or opinion issued by the Commissioner of Banks and Real Estate, even if the Commissioner’s action is amended, rescinded, or determined by judicial or "other authority" to be invalid for any reason after person acts or omits to act. Applies to banks, bank holding companies, savings and loan associations, savings banks, corporate fiduciaries, foreign banking corporations, foreign banks, and trustees under their enabling acts. P.A. 90-161; effective 7-23-97.

SB 358 - Limited Common Elements for Condominiums
Requires a condominium board to grant an exclusive right to use a limited common element if units are combined and two conditions are met--(1) the common element for which the exclusive right to use as a limited common element is sought is not necessary or practical for use by the owners of any units other than the owner or owners of the combined unit; and (2) the owner or owners of the combined unit are responsible for any and all costs associated with the renovation, modification, or other adaptation performed as a result of the granting of the exclusive right to use as a limited common element. The board may terminate the grant of the exclusive right to use a limited common element and require that the owner or owners of the original combined unit restore the common area to its condition before the grant of the exclusive right to use as limited common element "[i]f the combined unit is sold, and the grant of the exclusive right to use as a limited common element is no longer necessary, practical, or appropriate for the use and enjoyment of the owner or owners of the original combined unit." If the combined unit is sold without being divided, the grant of the exclusive right to use as a limited common element applies to the new owner or owners of the combined unit, who assume the rights and responsibilities of the original owner or owners. P.A. 90-199; effective 7-24-97.

SB 385 - Plat Requirements
Removes "offers of sale" from the penalty provisions for selling a lot before complying with the requirements of the Plat Act. Selling a lot, however, is still covered. This new Act does not prohibit an offer of sale or acceptance of deposit by a seller before compliance with this Act, if compliance occurs before conveyance of the deed. P.A. 90-308; effective 8-1-97.

SB 408 - Omnibus Condominium Bill
Amends the Condominium Property Act. In a forcible entry and detainer demand against a condominium owner or contract purchaser, service of a ' 9-104.1 demand by registered or certified mail is considered effective upon deposit in the U.S. mail if proper postage is prepaid and the envelope is addressed to the last known address of the recipient.
Creates a procedure to be followed when the condominium board seeks to terminate the right of possession of a tenant or other occupant of a unit who lives in the condominium under an existing lease or other arrangement with the defaulting owner of the unit.
Amends the Entry on Adjoining Land to Accomplish Repairs Act to include real estate submitted under the Condominium Property Act.
Makes numerous changes to the record-keeping requirements with which a board of an association must comply. Specifies that records must be maintained at the association’s principal office. Creates a class of records (declaration, bylaws) that if not made available within 30 days of receipt of a member’s written request are considered denied. A request for another class of records (books and records of account, names, addresses, and weighted vote of voting members) is considered denied if not furnished within 30 business days of a member’s request. Creates a class of records (employee files, legal actions) that may not be furnished unless a court orders the association to do so.
Allows an association to charge the member requesting records for the actual cost (now, a reasonable fee) of retrieving and making these records available for inspection or for the actual cost of making copies of them. P.A. 90-496; effective 8-18-97 & 1-1-98.

SB 465 - Breach of Tenancy by the Entirety
Provides that any real property held in tenancy by the entirety may not be liable to be sold upon judgment against only one of the tenants with one exception. The exception is for property that was transferred into tenancy by the entirety with the sole intent to avoid the payment of debts existing at the time of the transfer beyond the transferor's ability to pay those debts as they become due. P.A. 90-514; effective 8-22-97.

SB 465 - Mineral Rights-Scavenger Sales
Allows county collectors to stop offering mineral rights at tax sales if they have not been sold or confirmed after being offered for sale for ten consecutive years. P.A. 90-514; effective 8-22-97.

SB 844 - Board’s Power to Fine Members
Allows the board of a master association or a community association to have the power to levy and collect fines from members for violations of the association’s declaration, bylaws, and rules and regulations. P.A. 90-229; effective 7-25-97.

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TAX ADMINISTRATION

SB 723 - Tourism Promotion Fund
Changes current provisions regarding the transfer into and expenditure of funds from the Tourism Promotion Fund, including revenues realized from the hotel operators’ occupation tax. P.A. 90-26; effective 7-1-97.

SB 856 - Administration and Enforcement Changes
Contains the Department of Revenue’s changes in tax administration and enforcement. Requires the DOR to study the use and cost effectiveness of certain reciprocal agreements with neighboring states regarding the collection of income taxes and to report its findings to the General Assembly. Allows the adoption of a joint resolution directing the revenue director to revoke any reciprocal agreement that results in a loss of revenue to Illinois. P.A. 90-491; effective 1-1-98 & 1-1-99.

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TAXATION - INCOME

HB 526 - Income Tax Investment Tax Credit
Allows a partnership to elect to pass through to its partners the income tax investment tax credit allowed against the personal property tax replacement income tax. Provides that a bond is first required to be posted by a responsible officer in appealing a penalty assessment when the DOR first files a motion demanding that such bond be posted. Eliminates the posting of bond for penalty assessments based on trust fund taxes. P.A. 90-458; effective 8-17-97.

HB 981 - Domestic Service Withholding
Provides that when income tax is withheld from a person engaged in domestic service employment, as defined in the Internal Revenue Code, returns must be filed on or before April 15. P.A. 90-374; effective 8-14-97.

SB 83 - Income Tax Checkoffs
Creates individual income tax checkoffs for the Mental Health Research Fund, the Children’s Cancer Fund, and the American Diabetes Foundation Fund. P.A. 90-171; effective 7-23-97.

SB 856 - Senior Exemption from Tax Penalty
Exempts persons age 65 and over from the penalty for failing to pay estimated tax if they are permanent residents of a nursing home. "Nursing home" is defined as a skilled nursing or intermediate long-term care facility that is subject to licensed by the Illinois Department of Public Health under the Nursing Home Care Act. P.A. 90-491; effective 1-1-98 & 1-1-99.

SB 939 - Brownfields Tax Credit
Creates the brownfields remediation tax credit available to qualified taxpayers in tax years ending on or after 12/31/97 and on or before 12/31/01, and for costs incurred after 1/1/98, for performing remediation activities on environmentally distressed areas. The credit is equal to 25 percent of the unreimbursed eligible remediation costs in excess of $100,000 per site, except that the $100,000 threshold shall not apply to certain qualifying sites. Limits credit to $40,000 per year with a maximum five-year total of $150,000. P.A. 90-123; effective 7-21-97.

SB 1020 - Limited Liability Companies
Re-writes the Illinois Limited Liability Company Act. Authorizes the formation of single member limited liability companies. Incorporates Internal Revenue Service definition and provisions, including that for determining Illinois taxable income. P.A. 90-424; effective 1-1-98.

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TAXATION - OTHER

HB 468 - Telecommunications Tax
Allows a municipality that has imposed a telecommunications tax, and whose territory includes part of another unit of local government or school district, to exempt them from the tax. Allows a municipality to lower the tax for seniors. P.A. 90-357; effective 1-1-98.

HB 1147- Telecommunications Infrastructure Maintenance Fees
Replaces the current invested capital tax on telephone companies with a state infrastructure maintenance fee on telecommunications retailers of .5 percent of gross charges to an address on the telecommunications originating or received in the state.
Creates a municipal infrastructure maintenance fee that replaces current local right-of-way franchise fees. Outside the city of Chicago, the maximum fee would be one percent of gross receipts; in Chicago the fee would be two percent. Further provides that any tax reduction received by the industry is returned to ratepayers through rate reductions. Will appear at 35 ILCS 635/. P.A. 90-154; effective 1-1-98.

SB 952 - Corporate Tax Liability Disclosure
Makes numerous changes to the Business Corporation Act. Allows foreign corporations for the next three years to come forward and voluntarily disclose a tax liability and limit their legal exposure to taxes, fees, and interest incurred before 1/1/93. P.A. 90-421; effective 1-1-98.

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TAXATION - PROPERTY

HB 45 - Homestead Improvement Exemption
Increases the maximum homestead improvement exemption from $30,000 to $45,000 beginning 1/1/98. P.A. 90-186; effective 7-24-97.

HB 167 - Senior Homestead Exemption
Allows counties, by ordinance, to establish a date for submission of applications for the Senior Citizens Assessment Freeze Homestead Exemption that is different (now, earlier) than July 1. P.A. 90-204; effective 7-25-97.

HB 248 - Road Districts-Motor Fuel Tax
Provides that, in tax-capped counties, a road district may retain its entitlement to a motor fuel tax allotment or eligibility for funds if it levied a road and bridge tax in certain qualifying amounts. P.A. 90-110; effective 7-14-97.

HB 275 - Academic or Research Institute Tax Abatement
Allows taxing districts to abate any portion of its taxes on a qualified academic or research institute. Requires the abatement to be for a minimum of 15 years, with a maximum abatement of $5 million. P.A. 90-46; effective 7-3-97.

HB 528 - Mosquito Abatement Levy
Provides that if territory lies within a municipality and a district that levies taxes for mosquito abatement purposes, then the municipality shall pay to the district the amount collected from that levy and the district shall abate that portion of the taxes. P.A. 90-431; effective 8-16-97.

HB 572 - Certificates of Error-Senior Homestead Exemption
Provides that certificates of error allowing homestead exemptions for the Senior Citizens’ Tax Freeze Homestead Exemption not previously allowed shall now cause the county treasurer to issue refunds to the taxpayer upon receipt of a certificate of error from the county assessor. P.A. 90-288; effective 8-1-97.

HB 982 - Multi-family Historic Residences
Provides that owner-occupied multi-family residences may qualify as historic residences and be eligible for the certificate of rehabilitation and special valuation under certain conditions. P.A. 90-114; effective 1-1-98.

HB 992 - Legal Liability Company Exemption
Makes a special provision for a qualifying legal liability company to have a tax exemption for charitable purposes. P.A. 90-207; effective 1-1-98.

HB 1007 - Fire Protection Levy
Allows townships with a population of less than 100,000 to increase the levy for fire protection, rescue, and emergency vehicles and equipment from .02 percent to .125 percent of EAV, if approved by frontdoor referendum. P.A. 90-296; effective 8-1-97.

HB 1119 - Property Tax Collection Fee
Provides that if a taxpayer pays the taxes on property after the notice of the forthcoming application for judgment and sale is mailed, but before the sale is made, then the collector shall collect $10 from the taxpayer to cover the cost of mailing. P.A. 90-334; effective 8-8-97.

HB 1283 - Mortgage Lender Tax Liability
Provides that, when any unpaid property taxes become delinquent through the fault of the mortgage lender, the lender shall pay the taxes, redeem the property, and take all necessary steps to remove any liens accruing against the property because of the delinquency. P.A. 90-336; effective 1-1-98.

HB 1375 - Bonds Issued by Sanitary Districts
Extends by five years the authority of certain sanitary districts to issue future bonds. P.A. 90-510; effective 1-1-98.

HB 1384 - Village Library Funds
Provides that upon written request of the corporate authority of a village, the county clerk shall calculate separate limiting rates for the library funds and for the aggregate of the other village funds. P.A. 90-339; effective 8-8-97.

HB 1513 - Senior Homestead Application
In counties other than Cook, allows the county board by resolution to provide that if a person has been granted a senior citizens homestead exemption, the person need not reapply for the exemption. P.A. 90-471; effective 8-17-97.

SB 21 - Special Tax Procedures for Townships
Makes numerous changes to township law including the procedures for levying special taxes for improvements. P.A. 90-438; effective 1-1-98.

SB 39 - Library Equalization Grant
Sets out procedures for libraries that are subject to property tax caps to qualify for a state library equalization grant. P.A. 90-169; effective 7-23-97.

SB 84 - Cook County Assessor
Removes the record-keeping provisions imposed on the Cook County Assessor’s office by last year’s House Bill 2702 and replaces them with notification and procedural changes to provide access to information in the assessor’s office. P.A. 90-4; effective 3-7-97.

SB 103 - Special Assessment Supplemental Bond and Procedure Act
Creates the Special Assessment Supplemental Bond and Procedure Act to provide supplemental authority regarding the procedures for the making and payment of local improvements by special assessment and the issuance and sale of obligations payable from the special assessments. Will appear at 50 ILCS 460/. P.A. 90-480; effective 8-17-97.

SB 159 - Sanitary District Special Assessments
Makes changes to the objection procedures for certain sanitary districts’ levying of special assessments. P.A. 90-194; effective 1-1-98.

SB 307 - Township Health Care
Allows a township, located in a county with a population of 25,000 or less and containing a federally-designated health manpower shortage area, to provide for primary health care under an intergovernmental cooperation agreement or under contract with health care professionals. Applicable to 15 counties, it requires a referendum to allow the township to tax for purposes of providing the health care. P.A. 90-439; effective 8-16-97.

SB 465 - Mineral Rights-Scavenger Sales
Allows county collectors to stop offering mineral rights at tax sales if they have not been sold or confirmed after being offered for sale for ten consecutive years. P.A. 90-514; effective 8-22-97.

SB 680 - Local Government Acceptance of Credit Cards Act
Creates the Local Government Acceptance of Credit Cards Act to provide for the acceptance of credit cards for payment of property taxes. Will appear at 50 ILCS 345/. P.A. 90-518; effective 8-22-97.

SB 715 - Cook County-New Construction-EAV
Makes changes in the use of the prior year EAV method for levying property taxes in Cook County regarding new construction and recovered TIFs. P.A. 90-320; effective 1-1-98.

SB 1075 - Homestead Exemption-EAV
In counties other than Cook, provides that if, based on the most recent assessment, the EAV of the homestead property for the current assessment year is greater than the EAV of the property for 1977, the owner of the property shall automatically receive the homestead exemption in the amount over the 1977 assessment up to $3500. P.A. 90-368; effective 1-1-98.

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TAXATION - SALES

HB 353 - Public Safety Definitions
Includes the following in defining the use of the county sales tax for public safety: fire fighting, police, medical, ambulance, or other emergency services. P.A. 90-190; effective 7-24-97.

HB 605 - Tax Treatment of Restaurant Personal Property
Provides that nonreusable tangible personal property that is used by persons engaged in the business of operating a restaurant, cafeteria, or drive-in is a sale for resale when it is transferred to customers in the ordinary course of business. P.A. 90-289; effective 8-1-97.

HB 1417 - County Public Safety Sales Tax
Provides that the county board of a county that imposes the county public safety sales tax may, by ordinance, discontinue the tax or lower its rate. Provides that, if the tax is discontinued or lowered, a referendum must be held in order to increase or reimpose the tax. P.A. 90-267; effective 7-30-97.

HB 2201 - Service Use Tax for Manufacturing and Graphic Arts
Amends the service use tax to provide that all purchases of manufacturing and graphic arts machinery and equipment that qualify for machinery and equipment exemptions also qualify for the manufacturers’ purchase credit without regard to whether the serviceman elected, or could have elected, to exclude the transaction from the tax. P.A. 90-166; effective 7-23-97.

SB 730 - Sale and Use Tax Exemptions
Exempts from sales and use taxes the purchase of tangible personal property by a common carrier by rail or motor (now, rail) that receives the physical possession of the property in Illinois and transports the property out of Illinois for out-of-state use. Includes other provisions P.A. 90-519; effective 6-1-98.

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TAXATION - UTILITIES

HB 709 - Public Utility Tax Changes and Exemptions
Permits taxpayers to make payments of various state utility taxes by electronic funds transfer.
Amends the gas revenue tax to clarify the administration of the law governing out-of-state gas purchases.
Exempts from state utility taxes any business, located in an enterprise zone in a county of 125,000 or less, that creates 150 full-time jobs. P.A. 90-16; effective 6-16-97.

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TAX INCREMENT FINANCE

HB 524 - Technical Changes to TIF Administration
Makes numerous technical changes to the administration of TIFs, including a provision that if property overlaps an enterprise zone and a TIF district, then the TIF district provisions, including abatement of taxes, shall prevail, unless a property owner can prove a reason for the enterprise zone conditions to supersede the TIF.
Permits the transfer of surplus TIF funds from one redevelopment project to another under the Industrial Jobs Recovery Law. P.A. 90-258; effective 7-30-97.

SB 715 - Cook County-EAV-Recovered TIFs
Makes changes in the use of the prior year equalized assessed valuation method for levying property taxes in Cook County regarding new construction and recovered TIFs. P.A. 90-320; effective 1-1-98.

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TRANSPORTATION - TRAFFIC

HB 1253 – Suspended Drivers
Amends the Illinois Vehicle Code to provide that if a driver’s license or registration is suspended because of a failure to deposit security, it remains suspended until the person gives proof financial security. P.A. 90-264; effective 1-1-98.

HB 2262 - BAC for Operating Watercraft
Amends the Boat Registration and Safety Act and the Snowmobile Registration and Safety Acts to provide that a person may not operate a boat or snowmobile if his or her blood-alcohol level exceeds the prohibited level for operating a motor vehicle under the Vehicle Code. Makes it a Class 4 felony to operate a boat while intoxicated after previously having been convicted of operating a snowmobile or motor vehicle while under the influence. Allows a police officer to request a boat or snowmobile operator to submit to a breathalyzer test based on "reasonable suspicion" that the person was intoxicated. P.A. 90-215; effective 1-1-98.

SB 8 - BAC for Operating Motor Vehicle
Reduces the blood alcohol concentration (BAC) from .10 to .08 for DUI. P.A. 90-43; effective 7-2-97.

SB 113 - Driving Abstract as Proof in Subsequent Prosecution
Amends the Illinois Vehicle Code to provide that if a person is charged with any offense under that Code, a certified copy of the defendant’s driving abstract may be admitted as proof any prior convictions if the names are the same. P.A. 90-400; effective 8-15-97.

SB 225 - Citations for Unlawful Use of Disabled Parking
Allows a chief of police or a sheriff to appoint volunteers or contract with public or private entities to issue citations to people who violate the statutory provisions or ordinances concerning parking privileges for disabled persons. P.A. 90-181; effective 7-23-97.

SB 233 - Eluding a Police Officer
Amends the Criminal Code and the Vehicle Code to enhance the penalties for fleeing or attempting to elude a police officer from a Class B to a Class A felony and would also require suspension of the offender’s driver’s license. A third §11-204 violation is a Class 4 felony. Aggravated offense elements now are any of the following: 21 MPH + over speed limit, or bodily injury, or property damage. Forfeiture authorized for ' 11-204.1 convictions. P.A. 90-134; effective 7-22-97.

SB 452 - Altered or Fictitious ID Penalty Enhancement
Possession or attempted acquisition of an "altered or fictitious" driver’s license or ID card, which contains false information, is a Class 4 felony (now, Class A). P.A. 90-220; effective 1-1-98.

SB 950 - Graduated License for Minors
Establishes a Graduated Licensing Program for drivers under 18 years of age. Restrictions on the number of passengers enacted. All court supervision dispositions for drivers under 21 reported to the Secretary of State. Restricts granting of supervision for "serious traffic offenses" depending on age and prior traffic violation history. P.A. 90-369; effective 1-1-98.

SB 951 – Fraudulent Use of Disabled Parking Identification
Creates several criminal penalties for the fraudulent or unlawful use of identification issued to disabled persons. Allows local authorities to enforce local ordinances imposing fines or penalties for the unauthorized use of parking spaces reserved for persons with disabilities on private property. P.A. 90-106; effective 1-1-98.

  Table of Contents

TRUSTS - ESTATES

HB 297 - Special Representative
Makes the prosecution or defense of a lawsuit cheaper and simpler if one or more of the parties dies before or after a suit is filed. Allows a plaintiff to file only one action to proceed. If a person against whom a claim may be brought dies before the claim is filed, this same procedure is available. The plaintiff cannot recover against the estate in an amount that exceeds the deceased’s liability insurance. Notice of the proceedings must be given to the heirs and legatees of the deceased under the Probate Act of 1975. Requires that if a party dies while a lawsuit is pending and a motion is filed asking for the appointment of a special representative, the heirs and legatees must be given notice. P.A. 90-111; effective 7-14-97.

HB 306 - Guardianship of Wards and Minors
Permits guardians to nominate and act on behalf of minors and disabled adults in order of preference. P.A. 90-430; effective 8-16-97.

HB 306 - Non-resident Representative
Repeals Illinois residency as a requirement for appointment as representative. P.A. 90-430; effective 8-16-97.

HB 725 - Medical Treatment Decisions
Amends the Health Care Surrogate Act to prohibit the Act from applying if a patient has an operative and unrevoked declaration for mental health treatment. Allows a surrogate to make medical treatment decisions even when the patient does not have a "qualifying condition" as defined under the Act. In these circumstances, a surrogate may not forgo life-sustaining treatment as defined in the Act.
Amends the Health Care Right of Conscience Act to protect health care providers from liability or discrimination for refusal to assist in health care services that violate the provider’s policies. P.A. 90-246; effective 1-1-98.

HB 1035 - Trustee’s Investments
Amends ' 5.2 of the Trusts and Trustees Act to permit a trustee to invest or reinvest the trust estate in any unit investment trust registered under the Investment Company Act of 1940, in any investment fund exempt from registration, and in any mutual fund for which the trustee is an advisor or manager. This amendment updates the statute to reflect changes in the Investment Company Act of 1940, 15 U.S.C.A. ' 80a-1. Provides that trustees need not waive or reduce their fees when the trust estate is invested in a mutual fund, as long as the fees are reasonable. P.A. 90-297; effective 8-1-97.

HB 1036 - Corporate Fiduciary May Hire Broker
Amends ' 2-11 of the Corporate Fiduciary Act to provide that a corporate fiduciary may hire and compensate financial, investment, or other advisors and brokers as an additional expense of the trust or estate to assist or advise the fiduciary in the performance of its duties.
Provides that certain documents and records may be destroyed in the regular course of business, and the reproductions of these documents and records are admissible as evidence in the same manner as the originals. P.A. 90-298; effective 8-1-97.

HB 1186 - Inheritance by Adopted Children
Limits the rights of adopted children to inherit from their natural parents and vice versa. Provides that a child adopted after the age of 18 is not a descendant of the adopting parents for purposes of inheriting from the kindred of the adopting parents. Provides that adopted children are not the children of their natural parents for purposes of inheriting (or for purposes of determining the property rights under a non-testamentary instrument) from the kindred of the natural parents unless (1) the child is adopted by a descendant or a spouse of a descendant of a great-grandparent, (2) a natural parent of the adopted child died before the child was adopted, or (3) the contrary intent to allow such inheritance is demonstrated by the terms of the testamentary instrument by clear and convincing evidence. P.A. 90-237; effective 1-1-98.

HB 1252 - Omnibus Disabled Adult Bill
Makes numerous changes affecting the Disabled Adult statutes. Requires a court order for any decision by the guardian to forgo or withdraw life-sustaining treatment that is not authorized under the Health Care Surrogate Act unless the guardian is also a health care agent for the ward under a valid power of attorney for health care. P.A. 90-250; effective 7-29-97.

HB 1564 - Addie Davis Repeal
Amends the Illinois Power of Attorney Act to extend the protection given to a person who acts in good faith regarding a copy of a durable power of attorney. The person is protected when relying on "a document purporting to establish an agency" even if it turns out to be an invalid document. P.A. 90-21; effective 6-20-97.

HB 1585 - Alteration or Destruction of a Will
Amends ' 6-1 of the Probate Act to provide that any person who willfully alters or destroys a will without the direction of the testator or who willfully secretes a will for a period of 30 days after receiving notice of the death of the testator is subject to punishment and sentenced upon conviction as in cases of theft or property classified as Class 3 felonies. P.A. 90-159; effective 7-23-97.

HB 1619 - Rule Against Perpetuities
Allows the creation of a "qualified perpetual trust" that is exempt from the Rule Against Perpetuities. Effective for instruments executed or amended after 1/1/98. P.A. 90-472; effective 8-17-97.

HB 1619 - Non-resident Representative
Repeals Illinois residency as a requirement for appointment as representative. P.A. 90-472; effective 8-17-97.

HB 1779 - Guardians and Contingency Fee Litigation
Relieves a guardian from having to participate in the prosecution of an action, its settlement, or in the award of attorney fees if there is a contingency fee litigation involving a ward that is brought on the ward’s behalf by the guardian and another person as next friend. P.A. 90-345; effective 8-8-97.

SB 361 - Personal Estate of Ward
Amends ' 25-2 of the Probate Act of 1975 to make the appointment of a representative of a ward unnecessary unless the personal estate of a ward exceeds $10,000 (now, $5,000). P.A. 90-307; effective 8-1-97.

SB 856 - Senior Exemption from Tax Penalty
Exempts persons age 65 and over from the penalty for failing to pay estimated tax if they are permanent residents of a nursing home. "Nursing home" is defined as a skilled nursing or intermediate long-term care facility that is subject to licensed by the Illinois Department of Public Health under the Nursing Home Care Act. P.A. 90-491; effective 1-1-98 & 1-1-99.