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Capitol Chronicle By Jim Covington Director of Legislative Affairs
The following been enacted into law with immediate effective dates. Disposition of Remains Act. Public Act 94-1051 (Raoul, D-Chicago; Dan Brady, R-Bloomington) integrates health care powers of attorney into the recently enacted Disposition of Remains Act so that those who choose to use a HCPOA to direct the disposition of a decedent's remains may continue to do so. It also includes a prophylactic clause for HCPOAs already written to ensure that they continue to be honored. Effective July 24, 2006.Reversal of Klaeren. Public Act 94-1027 (Garrett, D-Lake Forest; Mathias, R-Buffalo Grove) amends the Illinois Municipal Code, the Counties Code, and the Township Code to require that certain zoning decisions of the governmental authorities must be subject to de novo judicial review as "legislative decisions." It requires that any action seeking judicial review be commenced no later than 90 days after the date of the decision. The Act applies the principles of substantive and procedural due process to all stages of the decision-making and review of all zoning decisions. It reverses part of the holding in Klaeren v Village of Lisle, 202 Ill 2d 164, 781 NE2d 223 (2002). Effective July 14, 2006.Condo instruments. Public Act 94-886 (Nekritz, D-Northbrook; Garrett, D-Lake Forest) amends the Condominium Property Act to prohibit condominium instruments from requiring more than a three-fourths vote of unit owners to amend the instruments. This is consistent with current law that prohibits condominium instruments from requiring more than a three-fourths vote to amend the bylaws. Effective June 20, 2006.Dog bites man. Public Act 94-819 (Boland, D-Moline; Harmon, D-Oak Park) amends the law regulating dogs in three ways. (1) It repeals the current $50 maximum fine that may be imposed by a county for allowing a dog to run at large. (2) It increases several of the criminal penalties for a vicious-dog attack. (3) It expands civil liability to include an attempted attack by a dog, allowing recovery for all injuries proximately caused by the attempt. Effective May 31, 2006.Teenage drivers. Public Act 94-897 (D'Amico, D-Chicago; Cullerton, D-Chi-cago) requires teenage drivers under the age of 18 seeking a graduated driver's license to have at least 50 hours of behind-the-wheel practice instead of 25 hours. Additionally, at least 10 of those 50 hours must be at night. Effective June 22, 2006.Visitation by sex offenders. Public Act 94-928 (Harmon, D-Oak Park; Saviano, R-River Grove) prohibits custody or visitation by sex offenders who have fathered a child as a result of certain sex crimes. But it does not relieve the sex offender from any child-support obligations for the child. Effective June 26, 2006.Liquor Control Act. Public Act 94-747 (Millner, R-Carol Stream; Mathias, R-Buffalo Grove) clarifies that the mayor or president may appoint a designee to act as the local liquor control commissioner for units of local government. Effective May 8, 2006.Title Insurance Act. Public Act 94-893 (Harmon, D-Oak Park; Fritchey, D-Chicago) is a cleanup of the Title Insurance Act affecting the state's regulation of title insurance companies particularly if a title insurance company fails. Effective June 20, 2006.Good Samaritan Act. Public Act 94-825 (Burzynski, R-Clare; R. Myers, R-Macomb) amends the Good Samaritan Act to add first-aid providers. A first-aid provider is anyone who is currently certified in first aid by the American Red Cross or the American Heart Association. The bill exempts health care facilities or practitioners providing services in a hospital or health care facility. Effective July 1, 2006.
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