quent DUI violation. Prohibits the Secretary of State from issuing a restricted driving permit for a period of one year after a second or subsequent revocation of driving privileges for DUI. Amends the Unified Code of Corrections. Changes the minimum term of imprisonment or the minimum term of community service that must be imposed for a second DUI violation committed within five years of a previous violation from 48 consecutive hours of imprisonment to five days and from 100 hours of community service to 30 days of community service. Requires a minimum term of either 10 days imprisonment or 60 days of community service for a third or subsequent DUI violation committed within five years of a previous violation. Effective August 3, 2001.
Public Act 92-0268
Amends the Illinois Highway Code. Increases from $5,000 to $10,000 the maximum value of a construction, maintenance, or repair project that may go forward without the written approval of the county superintendent of highways or the highway board of auditors. Increases from $5,000 to $10,000 the maximum value of a contract for anything other than professional services that may be awarded without submitting the contract for competitive bidding. Provides that the tax for construction of bridges, culverts, drainage structures, and grade separations at the joint expense of a county and a road district also may be used for building those types of structures over, on, or under road district roads, without county funds being involved and without limitation as to the size of the project, but only if adequate funds are available for all projects for which the road district has petitioned the county for joint participation. Provides that if the project size is over $5,000, the road district commissioner also must obtain the permission of the county engineer. Effective January 1, 2002.
Public Act 92-0281
Amends the Freedom of Information Act. Exempts the security portion of certain documents prepared by the St. Clair County Transit District from the provisions of the Act. Amends the Bi-State Transit Safety Act. Provides that the powers and duties under the Act now exercised by the State of Missouri shall be exercised by the St. Clair County Transit District. Amends the State Mandates Act to require implementation without reimbursement. Effective August 5, 2001.
Public Act 92-0294
Creates the Airport and Correctional Facility Land Disclosure Act. Provides that neither the state nor any unit of local government may enter into any agreement or understanding for the use or acquisition of land that is intended to be used or acquired for airport purposes or for a correctional facility unless full disclosure of all individuals and entities holding any beneficial interest in the land is made. Requires the statement to be in writing, verified under penalty of perjury, and recorded. Effective August 9, 2001
Public Act 92-0304
Amends the County Jail Act. Provides that the county sheriff may adopt and implement a written policy for the release of a person in the custody of the sheriff to law enforcement personnel or the state's attorney for the purpose of furthering criminal investigations that are unrelated to the matter for which the person is in custody (instead of for the purpose of furthering criminal investigations). Sets minimum requirements for a policy for the release of persons in custody to law enforcement personnel and the state's attorney. Effective August 9, 2001.
Public Act 92-0309
Amends the Counties Code. Provides that the state subsidies for the salaries of assistant state's attorneys must be paid to the counties on a monthly basis (now, on an annual basis). Provides that the amount appropriated for the subsidies must be segregated by county population classification. Provides that if the appropriation is insufficient to pay all of the subsidies, the amount appropriated must first be prorated among the different classes of counties and then among the counties participating within each classification (now, the amounts must be prorated among the counties participating). Provides that if any appropriated moneys for a population classification remain at the end of a fiscal year, the remainder may be allocated to participating counties that were not fully funded during the course of the year. Allows two or more state's attorneys to combine their subsidies and to appoint a joint assistant state's attorney to prosecute alcohol-related traffic offenses in multiple counties. Effective August 9, 2001.
Public Act 92-0312
Amends the Unified Code of Corrections. Increases the laboratory analysis fee assessed against defendants convicted of, placed on supervision for, or adjudicated delinquent for drug offenses from $50 to $100. Allows the clerk of the circuit court to keep $10 (now $5) of this fee to offset administrative costs. Effective January 1, 2002.
Public Act 92-0330
Amends the Illinois Administrative Procedure Act. Requires that the first notice in the Illinois Register of an agency's proposed rule must include information identifying any published study or research report that was used in developing the rule and where a copy of the study or report may be obtained. Provides that the agency must make the underlying data available to the public, subject to the Freedom of Information Act, if the agency or its contractor performed the study or research. Effective January 1, 2002.
Public Act 92-0335
Amends the Freedom of Information Act, the State Records Act, the Department of State Police Law of the Civil Administrative Code of Illinois, the Local Records Act, the Campus Security Act, the Illinois Vehicle Code, and the Code of Civil Procedure. Specifies that references to news media include print and electronic format newspapers, periodicals, and news services and include television networks. Effective August 10, 2001.
Public Act 92-0353
Amends the Private Sewage Disposal Licensing Act. Authorizes the Department of Public Health, a unit of local government or the courts to impose civil penalties for violations of the Act. Provides that the Department shall establish by rule the time within which a person must perform the actions required under a notice of violation. Effective August 15, 2001.
Public Act 92-0354
Amends the Public Funds Statement Publication Act. Provides that the statement filed by certain public officers at the expiration of each fiscal year must include, among other items, all moneys paid out when the total amount paid out in the fiscal year exceeds $2,500 (now $1,000) in the aggregate. Replaces all of the personal services reporting categories with six new categories ranging from "under $25,000" to "over $125,000."
Amends the Illinois Municipal Code. Provides that an appointed village clerk is exempt from the Code's residency requirement. Provides that the treasurer of certain municipalities may report to the municipal clerk moneys paid out for the compensation for personnel services of all personnel by name listing each employee in a specified category. Effective August 15, 2001.
Public Act 92-0355
Amends the Public Library District Act of 1991. Provides that nomination papers for candidates for a trustee of a library district must be signed by a minimum number of qualified voters residing in the district equivalent to two percent of the votes cast at the last election for library trustees, or 50, whichever is less (now, nomination papers must be signed by at least 50 voters residing in the district). Effective August 15, 2001.
Public Act 92-0373
Amends the Illinois Public Aid Code. Provides that the Director of Public Aid may disclose a "deadbeats most wanted list" of individuals who are in arrears in their child support obligations under an Illinois court order or administrative order. Provides that the list shall include only persons who are in arrears in an amount greater than $5,000 (or a greater amount established by the Director). Provides that, before disclosing the name of an individual, the Director shall mail a written notice to the individual detailing the amount of the arrearage and the intent of the Department of Public Aid to disclose the arrearage. Provides that an individual's name may not be disclosed if the arrearage is paid, a written agreement for payment exists, or the arrearage is the subject of an administrative hearing, administrative review, or judicial review. Provides that the list shall be available for public inspection at the Department of Public Aid or by other means of publication, including the Internet. Effective July 1, 2002.
Public Act 92-0383
Amends the Emergency Telephone System Act. Provides that 9-1-1 information may be used by public safety agencies for the purpose of placing out-going emergency calls. Requires public safety agencies using 9-1-1 information to place out-going emergency calls to establish methods and procedures that ensure the confidentiality of the information. Defines "emergency" for the purposes of the provision concerning the confidentiality of 9-1-1 information. Provides that a municipality with a population of more than 500,000 is not prohibited from using 9-1-1 information in responding to calls made on a non-emergency telephone system that is supervised and controlled by a public safety agency and that shares facilities with an emergency telephone system. Effective January 1, 2002.
Public Act 92-0402
Amends the School Code. Requires a school (public or nonpublic) to permit the self-administration by a pupil of prescribed asthma medication, provided that the parents or guardians of the pupil (i) provide to the school written authorization for the self-administration and (ii) provide to the school written certification from the pupil's physician, physician assistant or advanced practice registered nurse that the pupil has asthma, the prescribed dosage for treatment and the times at which the medication is to be administered. Effective August 16, 2001.
Public Act 92-0404
Amends the Illinois State Collection Act of 1986. Provides that state agencies may use the Comptroller's Offset System to determine if any state agency is attempting to collect debt from a contractor, bidder, or other proposed contracting party. Amends the Illinois Procurement Code. Provides that no person shall submit a bid for or enter into a contract with a state agency if that person knows or should know that he or she is delinquent in the payment of any debt to the state, unless the person has entered into a deferred payment plan to pay off the debt. Provides that every bid submitted to and contract executed by the state shall contain a certification by the bidder or contractor that the contractor is not barred from being awarded a contract under these provisions and that the contractor acknowledges that the contracting state agency may declare the contract void if the certification is false. Effective July 1, 2002.
Public Act 92-0405
Amends the Illinois Administrative Procedure Act. Defines "rulemaking" under the Act. Specifies the required documentation for any rulemaking under the Act. Provides that all new text in a rulemaking must be indicated with underlining and all text to be omitted by striking through it. Provides that the format for depiction of new or amended administrative rules must conform to rules adopted by the Secretary of State. Defines "background text" as existing text of the Illinois Administrative Code that is part of a rulemaking but not being amended by the rulemaking. Provides that no material originally proposed in one rulemaking may be combined with another proposed rulemaking that was initially published without that material, but allows combining separate rulemakings for publication at the time of adoption as authorized by Secretary of State rule. Effective August 16, 2001.
Public Act 92-0408 and 92-0432
Creates the Abandoned Newborn Infant Protection Act. Among other things, provides procedures to be followed when a parent relinquishes a newborn infant to a hospital or other facility. Provides for the relinquishing parent's immunity from liability for abuse, neglect, or abandonment of the child based solely on the relinquishment of the child. Requires that the relinquishment of a child be reported to the Department of Children and Family Services State Central Registry. Effective August 17, 2001.
Public Act 92-0413
Amends the Code of Criminal Procedure of 1963. Allows the state's attorney to authorize an assistant state's attorney to authorize an application to a circuit judge or an associate judge assigned by the chief judge of the circuit for use of an eavesdropping device by a law enforcement officer or agency. Provides that the order for use of an eavesdropping device may not be for more than 30 (now 10) days and an extension no more than 30 (now 10) days each. Effective August 17, 2001.
Public Act 92-0418
Among other things, amends the Illinois Vehicle Code. Requires a hearing on a license suspension or revocation or the denial of issuance of a license, permit, registration, or certificate of title occurring after July 1, 2002, to commence within 90 calendar days of the person's request for hearing. Provides that the Secretary of State shall enter an order within 90 days of the conclusion of a hearing on any matter of that nature occurring after July 1 2002. Provides that moneys collected from filing fees for hearings shall be deposited into the Secretary of State DUI Administrative Fund and must be used for operation of the Department of Administrative hearings of the Office of the Secretary of State. Increases penalties for a person who violates the DUI statute. Provides that any person whose driving privileges are suspended or revoked two or more times because chemical testing revealed that the alcohol concentration in his or her blood exceeded the allowable limit, if issued a restricted driving permit, is required to have his or her vehicle equipped with a breath alcohol ignition interlock device. Provides that the restricted driving permit may not be issued until one year after the date the current revocation went into effect. Provides that if a person subject to the prohibition is convicted of driving a vehicle not equipped with an ignition interlock device, his or her prohibition from driving a vehicle not equipped with the device shall be extended. Makes other changes. Effective August 17, 2001.
Public Act 92-0420
Amends the Illinois Vehicle Code. Deletes language limiting a sentence of a term of imprisonment for a felony DUI conviction to one to three years, making certain defendants who are convicted of a felony DUI eligible for extended term sentences. Effective August 17, 2001.
Public Act 92-0429
Amends the Illinois Vehicle Code. Provides that a person commits aggravated DUI if he or she drives at any speed under the influence of alcohol, drugs, intoxicating compounds, or a combination thereof in a school zone while a reduced speed limit is in effect. Effective January 1, 2002.
Public Act 92-0438
Amends the School Code. Requires a school district to post its current annual budget, itemized by receipts and expenditures, on the district's Internet Web site, if the district has a Web site. Requires the school district to notify the parents or guardians of its students that the budget has been posted on the district's Web site and what the Web site's address is. Effective January 1, 2002.
Public Act 92-0458
Amends the Illinois Vehicle Code with regard to drivers' licenses. Provides that the requirement that a suspended driver take a driving course is conditioned on whether or not he or she had been under the age of 18 at the time of the suspension (rather than at the time of the application for reinstatement). Provides that out-of-state offenses are taken into account in determining whether a suspended or revoked license is subject to a $250 reinstatement fee. Makes changes in the record keeping requirements of the Secretary of State's office. Provides that the Secretary shall maintain records relative to dispositions of court supervision. Makes changes regarding records in a computer processible medium or in electronic format. Makes other changes. Amends the Unified Code of Corrections. Provides that a defendant placed on court supervision for failure to show proof insurance must maintain proof insurance after the supervision has been revoked. Extends from 30 days to 45 days the time which an insurance company has to respond to a request by the Secretary of State for information regarding whether a driver is covered by liability insurance. Effective August 22, 2001.
Public Act 92-0459
Amends the Criminal Code of 1961. Provides that a law enforcement agency which fails to preserve evidence as required by the Code of Criminal Procedure of 1963 is guilty of a Class 4 felony.
Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement agency shall preserve any physical evidence in its possession or control that is reasonably likely to contain forensic evidence, including, but not limited to, fingerprints or biological material. Provides that evidence must be retained permanently in cases where a sentence of death is imposed. In other cases, provides that evidence must be retained until the completion of the sentence, including the period of mandatory supervised release for the offense, or January 6, 2006, whichever is later. Provides that evidence must be retained for seven years for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison in a forensic DNA database for unsolved offenses. Provides that a law enforcement agency may petition the court for entry of an order allowing disposal of evidence if there no longer exists a reasonable basis to require the preservation of the evidence because of the death of the defendant, unless a sentence of death was imposed. Provides that any order allowing the disposition of evidence is a final and appealable order. Prohibits disposal of evidence until 30 days after the order is entered, and, if an appeal is filed, prohibits disposal until the circuit court receives a mandate from the appellate court. Requires all records documenting the possession, control, storage, and destruction of evidence to be retained for as long as the evidence exists and provides that they may not be disposed of without the approval of the appropriate Local Records Commission. Effective August 22, 2001.
Public Act 92-0465
Amends the Election Code. Removes the exception to requiring a public building to be made available for use as a polling place if such use is impossible. Provides that if the county board or board of election commissioners chooses a school to be a polling place, then the school district must make the school available for use as a polling place (but allows the school district to choose to keep the school open or hold a teachers institute on election day). Effective August 22, 2001.
Requires election authorities to provide the State Board of Elections with updated voter registration information within 10 days after the close of each registration period, in addition to other times. Permits election authorities to list the names of all judges seeking retention in the same office with one proposition on the ballot, rather than stating the proposition with each candidate's name. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2002.
Public Act 92-0472
Amends the Illinois Human Rights Act. In provisions concerning the findings and recommended order of a hearing officer that are filed with the Illinois Human Rights Commission, provides that the findings and recommended order need not be authored by the hearing officer who presides at a public hearing if: (1) the hearing officer who presides at the public hearing is unable to author the findings and recommended order by reason of death, disability, or separation from employment; and (2) all parties to a complaint file a joint motion agreeing to such authorship. (Under current law, the findings and recommended order need not be authored by the presiding hearing officer if (i) all parties agree, (ii) the presiding hearing officer transmits his or her impression of witness credibility to the author, and (iii) there are no questions of witness credibility.) Effective January 1, 2002.
Public Act 92-0487
Amends the Uniform Disposition of Unclaimed Property Act. Provides that the Act applies to a gift certificate or gift card only if the gift certificate or gift card contains an expiration date or expiration period and if specified exceptions do not apply. Effective August 23, 2001.
Public Act 92-0489
Amends the Illinois Building Commission Act, the Counties Code, and the Illinois Municipal Code. Requires municipalities with a population of less than 1,000,000 and counties adopting new building codes or amending existing building codes to provide, at least 30 days before adopting the code or amendment, an identification of the code, by title and edition, or the amendment to the Illinois Building Commission. Requires the Illinois Building Commission to identify the proposed code or amendment on the Internet. Defines "building code". Effective July 1, 2002.
Public Act 92-0515
Amends the Criminal Code of 1961 concerning the offense of endangering the life or health of a child. Provides that there is a rebuttable presumption that a person committed the offense of endangering the life or health of a child if he or she left a child unattended in a motor vehicle for more than 10 minutes. Provides that "unattended" means either: (i) not accompanied by a person 14 years of age or older; or (ii) if accompanied by a person 14 years of age or older, out of sight of that person. Effective June 1, 2002.
Public Act 92-0521
Amends the Clerks of the Courts Act. Changes the fees for counties having a population in excess of 180,000 but not more than 650,000 to counties having a population in excess of 180,000 but not more than 500,000. Changes the fees for counties having a population in excess of 650,000 but less than 300,000,000 to counties having a population in excess of 500,000 but less than 3,000,000. Provides that, in counties with a population in excess of 500,000 but with less than 3,000,000 and in counties with a population of 3,000,000 or more, the clerk of the circuit court must charge certain minimum fees and may charge, if authorized by resolution of the county board, up to specified maximum fees. Effective June 1, 2002.