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By DIANE ROSS Legislative Action For the record THE General Assembly is scheduled to begin its 1982 session January 13 when Gov. James R. Thompson is expected to present his State of the State address. Traditionally, the legislature then adjourns until after the March primary. For the 1981 record, the Illinois legislature passed 823 bills; Gov. Thompson signed 602 into law and vetoed the rest (91 total vetoes, 70 amendatory vetoes and 60 bills with line item or reduction vetoes). During the fall session, the General Assembly overrode six of the total vetoes and restored seven line items in four bills which the governor had cut. The legislature accepted 61 of Thompson's amendatory vetoes and rejected five (four others lost in procedural limbo). Details of the veto session will be reported next month. Some of the major legislation enacted in 1981 is summaried below; other new laws were detailed in the August and October columns. Abortion Parents or spouses are no longer liable for the cost of abortions for minor children or spouses if they did not give prior consent, under S.B. 934, sponsored by Sen. LeRoy Lemke (D., Chicago). P.A. 82-262, effective January 1, 1982. Doctors who perform abortions on women who are not pregnant are guilty of a Class 2 Felony, which carries a sentence of 3-14 years in prison, under S.B. 939, also sponsored by Lemke. P.A. 82-263, effective immediately. Any doctor who performs an abortion on a woman who is not pregnant is liable for three times the proven damages in a civil action, under S.B. 940, also sponsored by Lemke. P.A. 82-264, effective immediately. Agriculture The formula for assessing farmland will be based more on income than on market value under revisions provided in S.B. 764, sponsored by Sen. Vince Demuzio (D., Carlinville). The equalized assessed valuation per acre will be one-third of the economic value, which will be computed by dividing the net return by the average of the previous five years' farmland mortgage rate set by the Federal Land Bank. P.A. 82-121, effective immediately. The Illinois Farm Development Authority created by H.B. 607, sponsored by Rep. Tim Donovan (D., Decatur), to issue revenue bond to generate capital for banks and others to make loans to first-time farmers to buy land and machinery. P.A. 82-518, effective January 1982. Ambulances Ambulances must now pass two safety tests each year administered by the Illinois Department of Transportation to retain their licenses, and liability insurance required per ambulance is raised from $50,000 to $100,000, under S.B. 401, sponsored by Sen. John Davidson (R., Springfield). P.A. 82-433, effective immediately. Child abuse Factual circumstances, which, if proven, establish a prima facie case of child abuse, are spelled out in H.B. 477, sponsored by Rep. Michael McClain (D., Quincy). The strict, new definition also requires the courts to order physical examinations and color photographs of alleged victims. P.A. 82-223, effective January 1, 1982. The definition of sexual child abuse is clarified under another McClain bill, H.B. 487. P.A. 82-453, effective January 1, 1982. Conservation Fishing license fees increase to finance expansion of state fish hatcheries, under H.B. 197, sponsored by Rep. Joseph Ebbesen (R., De Kalb). P.A. 82-436, effective January 1, 1982. The equalized assessed valuation of nature preserves is set at $1 per acre as an incentive to private dedication, under H.B. 1558, sponsored by McClain. P.A. 82-431, effective January 1, 1982. Criminal law A new verdict of "guilty but mentally ill" in criminal cases is created as an alternative to the verdict of "not guilty by reason of insanity" under S.B. 867, sponsored by Sen. Adeline Geo-Karis (R., Zion). Persons sentenced to prison under the new verdict may be released for treatment at state mental institutions but must return to prison when they no longer need treatment. P.A. 82-553, effective immediately. The Department of Mental Health and Developmental Disabilities is required to hold a judicial hearing before releasing a person charged with a crime but considered unfit to stand trial, according to S.B. 490, sponsored by Sen. George Sangmeister (D., Mokena). P.A. 82-577, effective January 1, 1982. A new murder-felony crime of "feticide," or the murder of a fetus capable of living outside the womb, is created with a maximum sentence of life imprisonment, under S.B. 192, sponsored by Sen. Randy Thomas (R., Silvis). The new law exempts legal abortions or fetal deaths due to self defense. P.A. 82-303, effective January 1, 1982. Sexually exploiting children under age 16 or forcing them into prostitution is now a Class X crime (prison sentences of 6-60 years), under S.B. 1, sponsored by Sen. Robert Egan (D., Chicago). The new law also increases the penalties for pimping for or soliciting of juvenile prostitutes from a Class 4 Felony (1-6 years) to a Class 1 Felony (4-30 years). P.A. 82-341, effective immediately. Persons convicted of using violence to force others to join gangs will be guilty of a Class 3 Felony (prison sentence of 2-10 years) under H.B. 1421, sponsored by Rep. William Henry (D., Chicago). The new law also requires the Department of Corrections to notify local law enforcement authorities when releasing a Class X prisoner, if the local authorities have requested notice. P.A. 82-564, effective immediately. Possession of a silencer on a firearm is a Class 3 Felony (2-10 years) rather than a Class A misdemeanor, under S.B. 516, sponsored by Sen. Lemke. P.A. 82-317, effective immediately. Persons convicted of home burglary will be guilty of a Class 1 Felony (4-15 years), rather than a Class 2 Felony (3-14 years), and will not be eligible for probation, under S.B. 214, sponsored by Sen. Davidson. P.A. 82-238, effective January 1, 1982. Persons age 18 or older are allowed to carry nonlethal liquid gas, such as tear gas, for their own protection under S.B. 63, sponsored by Sen. Karl Berning (R., Deerfield). P.A. 82-119, effective January 1, 1982. Possession of fireworks, except sparklers, is illegal under H.B. 322, sponsored by Rep. Lee Daniels (R., Elmhurst). P.A. 82-620, effective immediately. A new crime of library theft is created for not returning borrowed materials within 30 days of notice, under S.B. 1052, sponsored by Sen. Sam Vadalabene (D., Edwardsville). Theft of more than $300 in materials is a Class 3 Felony (2-10 year prison sentence). P.A. 82-603, effective January 1, 1982. Education scholarships, loans The Illinois Independent Higher Education Loan Authority is created to issue tax-exempt revenue bonds to individuals or corporations on behalf of private colleges and universities, which will in turn issue loans to students or their parents for up to $15,000 at market interest rates, under H.B. 1438, sponsored by Rep. Mary Hallstrom (R., Evanston). P.A. 82-658, effective immediately. The Illinois State Scholarship Commission (ISSC) is authorized to administer the new Illinois Guaranteed Parent Loan Program — if the president signs federal legislation — to allow parents to borrow up to $3,000 per student per year at 14 percent interest, under S.B. 1201, sponsored by Sen. Howard Carroll (D., Chicago). P.A. 82-157, effective immediately. Maximum ISSC Monetary Awards increase from $1,900 to $1,950 for full-time students, and from $950 to $975 for part-time students, under H.B. 198, sponsored by Rep. Daniel O'Brien (D., Chicago). P.A. 82-153, effective July 1, 1981. Part of the proceeds of the Illinois State Lottery are authorized for the University of Illinois Athletic Association under S.B. 1108, sponsored by Sen. Kenneth McMillan (R., Bushnell). P.A. 82-404, effective September 3, 1981. Elementary education The amount of state aid per student will increase from $1,464 to $1,563 in 1981-82 under revisions in the formula provided in H.B. 1353, sponsored by Rep. Gene Hoffman (R., Elmhurst). P.A. 82-113, effective July 1, 1981. State grants to finance mandatory driver's education programs were increased 300 percent Continued on page 29 December 1981 | Illinois Issues | 27 Continued from page 27 under H.B. 293, sponsored by Rep. Helen Satterthwaite (D., Champaign). The law increases the fee for a first-time driver's permit from $8 to $20, and $12 is earmarked for driver's ed. P.A. 12-617, effective January 1, 1982. Energy Only companies which use Illinois coal at their new facilities will be eligible for pollution control equipment loans financed by state coal and energy development bonds issued by the Illinois Department of Energy and Natural Resources (formerly the Illinois Institute of Natural Resources, whose name was changed September 24 when the governor signed S.B. 900, P.A. 82-592), under H.B. 1591, sponsored by Rep. Doug Kane (D., Springfield). P.A. 82-486, effective immediately. Property tax assessments on coal gasification plants are decreased under S.B. 494, sponsored by Sen. Vadalabene. P.A. 82-134, effective July 1,1981. The Illinois Coal Research Board is created to finance coal research from state public utility tax revenue, via grants issued by the Illinois Department of Energy and Natural Resources, under S.B. 899, sponsored by Sen. Stanley Weaver (R., Urbana). P.A. 82-568, effective September 23, 1981. The Office of Coal Commerce is created within the Department of Commerce and Community Affairs to promote Illinois coal under S.B. 404, sponsored by Sen. Kenneth Buzbee(D., Carbondale). P.A. 82-491, effective immediately. Environment Hazardous waste will no longer be dumped in landfills after 1986 — unless it cannot be recycled, burned or neutralized — under S.B. 171, sponsored by Sen. Demuzio. P.A. 82-572, effective January 1, 1987. Location and operation of sand and gravel mines is subject to local zoning powers under H.B. 134, sponsored by Rep. Richard Klemm (R., Crystal Lake). P.A. 82-114, effective immediately. Industry gains more flexibility in meeting pollution standards under H.B. 1354, sponsored by Rep. Zeke Giorgi (D., Rockford). It allows one of a company's sources to emit more pollution if another is held to less. P.A. 82-540, effective immediately. Family law So-called "two-step" divorces are legal under S.B. 377, sponsored by Sen. William Marovitz (D., Chicago), which allows judges to grant divorces before the husband and wife settle child custody, child support, property and maintenance issues. P.A. 82-197, effective August 14, 1981. The Illinois Domestic Violence Act was enacted to allow the courts to issue protective orders ranging from prohibiting one family member from striking another to barring a family member from entering the household. Spouses are no longer immune from civil action, allowing battered spouses to sue, under the new act as provided by H.B. 366, sponsored by Rep. Alan Greiman (D., Skokie). P.A. 82-621, effective March 1, 1982. In a related measure, marriage and divorce filling fees are increased to help fund existing domestic violence shelter and service programs administered by the Department of Public Aid. Marriage fees go from $15 to $24, and divorce fees go from $40 to $45 under H.B. 1619, sponsored by Rep. Susan Catania (R., Chicago). P.A. 82-645, effective January 1, 1982. The state is authorized to garnish wages and to collect delinquent child or spouse support under H.B. 508, sponsored by Catania. P.A. 82-555, effective January 1, 1982. Courts are authorized to order the delinquent parent to pay court costs and attorney fees when the other parent goes to court on delinquent child support, under Catania's companion bill, H.B. 534. P.A. 82-515, effective January 1, 1982. Courts are authorized to grant grandparents visitation rights in child custody cases if the visits are in the best interest of the child, under H.B. 64, sponsored by Rep. John Matijevich (D., Waukegan). P.A. 82-344, effective January 1, 1982. The state's adoption laws are overhauled under H.B. 985, sponsored by Rep. Pete Peters (R., Chicago). The revisions reduce the standards by which the courts finds parents unfit sets a parent's failure to communicate with a child for a year as grounds for being unfit; shifts the responsibility for communication from the social service agency to the parent; drops the requirement that adoptive families be identified before unfit parents lose custody; and sets a policy that gives foster parents an advantage in adoption. P.A. 82-437, effective January 1, 1982. Other adoption laws enacted include:
Financial institutions Interest ceilings for most consumer loans are eliminated under H.B. 438, sponsored by House Speaker George Ryan (R., Kankakee). P.A. 82-660, effective immediately. State-chartered savings and loan associations gain the same branching power federally chartered S&L's enjoy under S.B. 919, sponsored by Senate President Philip Rock (D., Chicago). P.A. 82-176, effective immediately. The so-called "reverse mortgages," or those paid off upon the sale of the property, are available to anyone, under H.B. 843, sponsored by Rep. Josephine Oblinger (R., Sherman). P.A. 82-294, effective January 1, 1982. A person has six months instead of one year to redeem property sold under foreclosure, under H.B. 455, sponsored by Rep. Sam Vinson (R., Clinton). P.A. 82-411, effective January I, 1982. Concluded next month December 1981 | Illinois Issues | 29 |
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