The newsletter of the ISBA’s Standing Committee on Government Lawyers
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 subsequent 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.