Standing Committee on Government Lawyers
April 2002 Vol. 3, No. 3
Statements or expressions of opinion or comments appearing herein are those of the editors or contributors, and not necessarily those of the association or section.
Contents
* ISBA supports increase for public defender salaries
* Governor places amendatory veto on House Bill 3098
* Reducing the burden of student loans--The Career Criminal Justice Attorney Education Expenses Repayment Act--House Bill 5599
In an attempt to maintain the highest levels of timeliness, we break from our usual format to issue this special edition of our newsletter devoted entirely to legislation, both enacted and proposed. We hope that the "Legislative Update" and the "ISBA Supports Increase for Public Defender Salaries" articles provide our readers with pertinent information from the General Assembly's 2001 session. In addition, we trust that the "Legislative Preview," "Governor Places Amendatory Veto on House Bill 3098," and "Reducing the Burden of Student Loans" pieces will alert you to potential State law changes during the General Assembly's 2002 session.
ISBA supports increase for public defender salaries
House Bill 549 was passed by the General Assembly to amend section 3-4007 of the Counties Code. As submitted to the Governor, the bill requires that the State pay 66 2/3 percent of the public defender's salary for every county. The bill further provides that a full-time county public defender's salary must be 90 percent or more of the State's attorney's salary in that county and that when a public defender in a county of 30,000 or more in population is receiving not less than 90 percent of the compensation of the State's attorney in that county, the public defender shall not engage in the private practice of law.
On August 10, 2001, Governor George H. Ryan returned House Bill 549 to the General Assembly with an amendatory veto. Although Ryan expressed his support for the bill, noting in his veto message, that "[t]he passage of this legislation represents another victory for criminal justice reform and is a vital step towards a more fair, just and accurate criminal justice system[,]" the Governor delayed the bill's effective date until July 1, 2002, so that the General Assembly would have time to appropriate "the necessary funds ... to put this important criminal justice reform into effect ." In postponing the legislation's effective date, the Governor encouraged "counties to take advantage of the time from now until the beginning of the next fiscal year, when the State intends to begin funding this initiative, to plan how to best utilize these funds to improve public defender offices and their services." The Governor cautioned, that "[w]hile not explicitly stated in this legislation, the State funding that this bill will make possible is meant to supplement county budgets for their public defenders, not replace it. The State funding contemplated by this legislation will free up county funds which should then be used to leverage other criminal justice improvements by funding programs and services that will further enhance the quality of defender services in each county. To simply work a budget reallocation of State funds for already allocated and expended county funds, would be acting contrary to the intent and will of the Illinois General Assembly and the Governor of this State."
The General Assembly voted to accept the Governor's amendatory veto. House Bill 549, which as enacted became Public Act 92-508, is effective July 1, 2002.
House Bill 549 originated from a recommendation of the Task Force on Professional Practice in the Illinois Justice Systems. This Task Force, chaired by the Honorable J. William Roberts and staffed by the Illinois State Bar Association, recognized that the State of Illinois and its 102 counties must develop a partnership to provide public safety and discharge the State's obligations for competent counsel at the trial level. The Task Force noted the State's practice of funding 66 2/3 percent of a State's attorney's salary by providing dollar-for-dollar reimbursement to the county treasurer and the lack of parity for the public defender's office. The Task Force and the ISBA have suggested that the State must develop a process for supporting the criminal justice system by assisting counties in the provision of indigent defense at the trial level. As recommended by the Task Force and lobbied for by the ISBA, one method for accomplishing this is for the State to reimburse the counties for a portion of public defender salaries.
By Marc Loro and Lynn Patton, Springfield
The following is a short summary of a number of pieces of legislation enacted by the 92nd General Assembly that may be of general interest to the government bar. (See "Legislative update," ISBA Standing Committee on Government Lawyers newsletter, October 2001, Vol. 3, No. 1, for a summary of Public Acts 92-0001 through 92-0177.)
Public Act 92-0180
Creates the Real Estate Appraiser Licensing Act of 2002. Requires a person to possess an appraiser's license in order to appraise a home in a federally related transaction or advertise or hold himself or herself out as an appraiser. Provides that the licensing requirements of the Act do not require a real estate broker or salesperson who holds a valid license pursuant to the Real Estate License Act of 2000 to be licensed as a real estate appraiser under this Act, unless the broker or salesperson is providing or attempting to provide an appraisal report in connection with a federally-related transaction. Creates criminal penalties for practicing without a license when it is required in a federally related transaction. Creates 3 classes of appraisers: general real estate appraiser, residential real estate appraiser, and associate real estate appraiser. Sets out guidelines for application and renewal for each type of appraiser's license. Provides that Office of Banks and Real Estate shall maintain and update a registry of the names and addresses of all licensees and a listing of disciplinary orders issued pursuant to this Act, and shall transmit the registry, along with any national registry fees that may be required, to the entity specified by, and in a manner consistent with, Title XI of the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989. Effective February 7, 2001.
Public Act 92-0183
Amends the Unified Code of Corrections. Provides that a violation of section 11-501(c-1)(3) of the Illinois Vehicle Code (driving while under the influence of alcohol or other drugs a fourth or subsequent time) is non-probationable. Effective July 27, 2001.
Public Act 92-0187
Amends the Guide Dog Access Act and the White Cane Law. Gives trainers of guide, support, or leader dogs for blind, hearing impaired, or physically disabled persons access to public places of accommodation when accompanied by a guide, support, or leader dog. Gives trainers of guide, support, leader, or hearing dogs access to public places when accompanied by a dog that is being trained to be a guide, support, leader, or hearing dog. Effective January 1, 2002.
Public Act 92-0188
Amends the Emergency Telephone System Act. Exempts correctional institutions and facilities from the Act's enhanced 9-1-1 provisions. Effective August 1, 2001.
Public Act 92-0189
Amends the Counties Code. Provides that certain provisions concerning the terms of county commissioners in counties not under township organization do not apply to commissioners elected from single member districts. Requires commissioners elected from single member districts to reside in the districts that they represent from the time they file their nomination papers until their terms expire. Amends the Election Code to provide that the provisions concerning filling vacancies in elective county offices apply to counties with a board of county commissioners. Provides that if a county commissioner ceases to reside in the district that he or she represents, a vacancy in that office is created. Effective August 1, 2001.
Public Act 92-0191
Amends the Governmental Account Audit Act by amending the definition of "governmental unit" to except drainage districts that did not receive or expend moneys during the immediately preceding fiscal year and public housing authorities that submit financial reports to HUD. Allows the Comptroller to decline to audit if the cost would be an unreasonable financial burden on the governmental unit. Effective August 1, 2001.
Public Act 92-0194
Amends the Township Code. Allows township electors to fill a vacancy in any township office at a special meeting (now, the electors may fill only vacancies on the township board at the special meeting). Effective August 1, 2001.
Public Act 92-0197
Amends the Department of Revenue Law of the Civil Administrative Code of Illinois. Provides that the Department may disclose a list of taxpayers who are delinquent in the payment of taxes in an amount greater than $1,000 (now $10,000). Effective January 1, 2002.
Public Act 92-0199
Amends the Criminal Code of 1961. Creates the offense of cyberstalking. Provides that it is unlawful to knowingly and without legal justification on at least 2 separate occasions harass another person through the use of electronic communication and transmit a threat of immediate or future bodily harm, sexual assault, confinement, or restraint to the person or the person's family member or place a person or the person's family member in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint. Provides that the penalty for a first offense is a Class 4 felony and for a second or subsequent offense is a Class 3 felony. Effective August 1, 2001.
Public Act 92-0201
Amends the Property Tax Code concerning the tax collection process. Provides that in cases where general taxes levied on real property have been delinquent for a period of 20 years (now 30 years), the taxes shall be presumed to be uncollectible. Provides that actions for the collection of any delinquent general tax or the enforcement or foreclosure of the tax lien shall be commenced within 20 years (now 30 years) after the tax became delinquent and that after 20 years (now 30 years) the tax lien shall be discharged and released. Effective January 1, 2002.
Public Act 92-0202
Amends the Emergency Telephone System Act. Provides that one member of an emergency telephone system board must be, rather than may be, a public member who resides in the local exchange service territory included in the 9-1-1 coverage area. Provides that in a county of less than 100,000 population, one member of the emergency telephone system board must, rather than may, be a county board member. Effective January 1, 2002.
Public Act 92-0214
Amends the Public Utilities Act concerning tree trimming. Requires utilities to follow tree care and maintenance standard practices published by the American National Standards Institute rather than by the International Society of Arboriculture. Sets forth notice requirements. Establishes procedures for vegetation management when municipal ordinances establish standards contrary to the standards established under the Public Utilities Act. Provides for the Commerce Commission to resolve disputes between electric utilities and municipalities. Effective August 2, 2001.
Public Act 92-0215
Amends the Pawnbroker Regulation Act. Authorizes the Commissioner of Banks and Real Estate to obtain an injunction to enforce the Act. Removes the requirement that the Commissioner have cause to believe that unlawful activity is occurring before examining the affairs of a pawnshop. Requires pawnbrokers to record the serial number of all items pledged, not only those required to bear a serial number. Authorizes the Commissioner to inspect the records of a pawnbroker. Requires records to be maintained for three years. Increases the penalties for operating a pawnshop without a license. Effective August 2, 2001.
Public Act 92-0224
Amends the Property Tax Code. Provides that the court shall declare a sale to be a sale in error if the lien of the taxes sold becomes null and void because a government unit has acquired the property, if the property is owned by the state, a municipality, or a taxing district, or if the purchaser made a bona fide attempt to comply with statutory requirements but failed to do so. In certain situations when the court has declared a sale in error, provides for the refund of costs and payment of interest. Makes changes with respect to payments from the special fund for the payment of interest. Makes changes with respect to the incontestability of certain tax deeds. Provides that certain of the changes are declarative of existing law. Effective January 1, 2002.
Public Act 92-0226
Amends the Property Tax Code. Requires the corporate authorities of a municipality or county to refund excess revenues in a special service area fund based upon each special service area parcel's proportionate share of the total equalized assessed valuation of all parcels within the special service area. Authorizes the refund for excess revenues existing at the end of the life of the special service area, and provides that the county or municipality may deduct up to five percent of the amount refunded to cover the administrative costs in making the refund. Effective January 1, 2002.
Public Act 92-0228
Amends the Code of Civil Procedure. Provides that, in all counties (rather than counties with a population of less than 1,000,000), process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993 or by a registered employee of a private detective agency certified under that Act.
Amends provisions of the Code of Civil Procedure concerning the inspection of hospital and medical records. Allows charges for shipping. Provides that the rates shall be automatically adjusted for inflation each year. Applies the same maximum charges to records of other health care practitioners, clinical psychologists, clinical social workers, and attorneys. Provides that the copying charges may not exceed a $20 handling charge plus 75 cents per page for the first through 25th pages, 50 cents per page for the 26th through 50th pages, and 25 cents per page for all pages in excess of 50, and that the charge shall not exceed $1.25 per page for copies made from microfiche or microfilm. Effective September1, 2002.
Public Act 92-0235
Amends the Property Tax Code. Provides that in counties where a county assessor is required to be elected, to be eligible to file nomination papers or participate as a candidate in any primary or general election for, or be elected to, the office of county assessor, or to enter upon the duties of the office, a person must possess one of the following qualifications as certified by the individual to the county clerk: (i) a Certified Illinois Assessing Officer certificate from the Illinois Property Assessment Institute; or (ii) a Certified Assessment Evaluator designation from the International Association of Assessing Officers. Effective August 2, 2001.
Public Act 92-0238
Amends the Firearm Owners Identification Card Act. Provides that every municipality must submit to the Department of State Police a copy of every ordinance adopted by the municipality that regulates the acquisition, possession, or transfer of firearms within the municipality and must submit, as soon as possible after adoption, every such ordinance adopted after the initial submission. Provides that the Department of State Police shall compile the ordinances and publish them in a form available to the public free of charge and shall periodically update the compilation. Effective August 3, 2001.
Public Act 92-0241
Amends the Freedom of Information Act. Exempts computer graphic systems from disclosure when disclosure could reasonably be expected to produce private gain or public loss. Effective August 3, 2001.
Public Act 92-0242
Amends the Illinois Vehicle Code. Provides that a second or subsequent violation of the school or work zone speed limit provision is a petty offense with a minimum fine of $300. Effective January 1, 2002.
Public Act 92-0244
Amends the Illinois Income Tax Act. Allows a deduction from adjusted gross income, for taxable years ending on or after December 31, 2001, of any compensation paid to a resident in 2001 or thereafter by reason of being a member of the Illinois National Guard (now, a deduction is allowed for any compensation paid to a resident for annual training performed pursuant to Sections 502 and 503, Title 32, United States Code as a member of the Illinois National Guard). Exempts the deduction from the Act's sunset requirements. Effective August 3, 2001.
Public Act 92-0245
Amends the Illinois Vehicle Code. Provides that a person who fails to obey a signal indicating the approach of a train has committed a petty offense and is subject to a minimum fine of $250 for a first conviction and a minimum fine of $500 for each subsequent conviction. Provides that when this offense is recorded by an automated railroad grade crossing enforcement system the local law enforcement agency having jurisdiction shall cite the registered owner of the vehicle for the violation. Further amends the Illinois Vehicle Code concerning the offense of failing to obey a signal indicating approach of a train when that offense is recorded by an automated railroad crossing enforcement system. Provides that if the registered owner of the vehicle was not the operator of the vehicle at the time of the alleged offense, and if the registered owner notifies the local law enforcement agency having jurisdiction of the name and address of the operator of the vehicle at the time of the alleged offense, the local law enforcement agency having jurisdiction shall then issue a written Uniform Traffic Citation to the person alleged to have been the operator of the vehicle at the time of the alleged offense. Provides that if the registered owner fails to notify in writing the local law enforcement agency having jurisdiction of the name and address of the operator of the vehicle at the time of the alleged offense, the registered owner may be presumed to have been the operator of the vehicle at the time of the alleged offense. For a second or subsequent offense, gives the Secretary of State the authority to decide whether to suspend the registration of the motor vehicle for a period of at least 6 months. Effective August 3, 2001.
Public Act 92-0246
Creates the Statewide Senior Citizen Victimizer Database Act. Provides that the Department of State Police may perform specified duties concerning a Senior Citizen Victimizer Database, including the collection of information about persons who have been arrested for committing offenses against persons at least 60 years of age. Provides for the access to the Database by local law enforcement agencies. Effective January 1, 2002.
Public Act 92-0248
Amends the Illinois Vehicle Code. Requires (rather than permits) the Secretary of State to require the use of ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subse