New Illinois Laws Take Effect 1/1/2007

The Governor's office issued a press release yesterday summarizing some of the new laws that will go into effect Monday, January 1. The press release refers to the laws by the bill numbers assigned when the legislation was originally introduced in the General Assembly.

To see the legislative histories for the bills and link to the Public Acts that the bills became, go to the Bills and Resolutions page for the 94th General Assembly. When the 95th General Assembly replaces the 94th, you can find this information under Previous General Assemblies. Here are links to some of the new laws:

• Ill. Pub. Act 94-0741, the Carbon Monoxide Alarm Detector Act, requires an "approved carbon monoxide alarm" in each "dwelling unit" (home or apartment) that (i) uses fossil fuel for heating, ventilation, or hot water; (ii) is connected to a garage; or (iii) is close to any ventilated source of carbon monoxide. The owner of the property is responsible for installation of the alarms, but tenants are responsible for replacement of batteries.
• Ill. Pub. Act 94-0799 amends the Consumer Fraud and Deceptive Business Practices Act to provide additional protection from identity theft. It allows all Illinois residents to place a security freeze on their credit reports. The reporting agency has 10 days to confirm the freeze and assign a PIN or password, other than a Social Security number, to be used when lifting or removing the freeze. The agency may charge a fee up to $10 for each freeze, removal, or temporary lift of the freeze, except it may not charge "(i) a consumer 65 years of age or over for placement and removal of a freeze, or (ii) a victim of identity theft who has submitted to the consumer reporting agency a valid copy of a police report, investigative report, or complaint that the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person." 815 ILCS 505/2MM
• Ill. Pub. Act 94-1055, the Equity in Eminent Domain Act, amends the Eminent Domain Act, 735 ILCS 30/1-1-1 to 99-5-5, and many other sections of the Illinois Compiled Statutes, to require the State or local government, or any other entity authorized to exercise the power of eminent domain, "if the exercise of eminent domain authority is to acquire property for private ownership or control, or both, then the condemning authority must prove by clear and convincing evidence that the acquisition of the property for private ownership or control is (i) primarily for the benefit, use, or enjoyment of the public and (ii) necessary for a public purpose."

The Illinois Equity in Eminent Domain Act is one of many state laws passed nationwide in response to the U.S. Supreme Court decision in Kelo v. City of New London, 545 U.S. 469 (2005), in which the Court affirmed a decision by the Connecticut Supreme Court, allowing private property to be condemned for an economic development project that was to include many commercial buildings and private residences, as well as a marina, a pedestrian riverwalk, and a museum.

Driving in Illinois

Most drivers, when passing an emergency vehicle stopped on the side of the road, probably shift to the other lane or slow down because of courtesy or common-sense safety. In Illinois, it's the law, and, according to an article in today's Southern Illinoisan, state police are starting to crack down on violators.

On a typical four-lane highway, a driver "approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing ... warning lights" is required to "yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions" or "reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe." 625 ILCS 5/11-907(c).

Illinois law also requires drivers to "yield the right of way to any authorized vehicle or pedestrian [working in a] highway construction or maintenance area," and to change lanes or reduce their speed when "entering a construction or maintenance zone when workers are present." 625 ILCS 5/11-908(a) and (a-1).

Sections 11-907 and 11-908 are exceptions to the general rule in Illinois that "[u]pon an Interstate highway or fully access controlled freeway, a vehicle may not be driven in the left lane, except when overtaking and passing another vehicle." 625 ILCS 5/11-701(d) and (e).

Tis the Season--for Gift Cards?

Did you know that gift cards may have expiration dates or fees, including monthly maintenance fees and inactivity fees, that are deducted from the card's value? See the FTC Consumer Alert on Buying, Giving, and Using Gift Cards, which has tips on buying gift cards, using gift cards, and what to do if you have a complaint.

For more information:

• shlep: the Self-Help Law ExPress, more on avoiding gifting headaches;
• The Motley Fool, Gift Cards Exposed by Elizabeth Brokamp;
• Federal Trade Commission's Consumer Information publications; and
• Nolo's Legal Companion on consumer rights, including Is it legal for gift certificates to expire?

The Illinois Consumer Fraud and Deceptive Business Practices Act requires that gift certificates and gift cards subject to a fee or an expiration date "must contain a statement clearly and conspicuously printed on the . . . front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase." 815 ILCS 505/2QQ.

The Illinois Uniform Disposition of Unclaimed Property Act treats certain gift certificates and gift cards that contain "language indicating there is an expiration date, expiration period or language indicating that there is any type of post-sale charge or fee" as abandoned property, which must be reported and remitted to the State Treasurer. 765 ILCS 1025/10.6.

New Dog Laws

At its meeting Tuesday night, 12/5/2006, the Carbondale City Council adopted an ordinance amending title 3, Animals, of the Carbondale Revised Code. Although it has not yet been codified (incorporated into the code), the ordinance has been published in pamphlet form. You can find the calendar, agenda, minutes, and audio recordings for City Council meetings at the public meetings page on the Carbondale city government website.

Most of the changes are based on recent changes to Illinois statutes concerning the definitions and control of dangerous and vicious dogs. See Ill. Pub. Act No. 94-639, amending the Illinois Animal Control Act, 510 ILCS 5/1–5/35. Other amendments are intended to create an incentive for spaying and neutering dogs and to permit prosecution for inhumane treatment of animals, including starvation, lack of fresh water, leaving a pet in a parked vehicle, and abandoning animals.

The amendments raise fees for licenses to $2 for spayed or neutered dogs and to $10 for unaltered dogs. (3-4-1C) Applications for licenses are due by December 31 each year; the penalty for late application is $10 for altered dogs and $20 for unaltered dogs. (3-4-1F) Some fines are also larger if the dog has not been spayed or neutered. (3-8-1A)

The amendments also add starving and refusing water to the definition of cruelty to animals (3-6-2); add a new subsection on abandonment and endangering (3-6-9); and significantly increases the penalties for a number of violations, including cruelty to animals and abandonment or endangering. (3-8-2D)

The image above is from Struwwelpeter: Merry Tales and Funny Pictures, by Heinrich Hoffman, found at Project Gutenberg.

Illinois Supreme Court Allows Dog Sniffs

When the U.S. Supreme Court ruled, in Illinois v. Caballes, 543 U.S. 405 (2005), that police use of a trained drug-detecting dog during a lawful traffic stop does not constitute an unreasonable search, it addressed only issues the defendant had raised under the U.S. Constitution. Although the U.S. Supreme Court is the ultimate authority on U.S. Constitutional issues, the Illinois Supreme Court is the highest legal authority on interpretation of the Illinois Constitution.

In People v. Caballes, 207 Ill. 2d 504 (2003), the Illinois Supreme Court had relied on U.S. Constitutional principles in ruling that use of a drug-sniffing dog under the facts surrounding defendant's traffic stop was not justified. So, when the U.S. Supreme Court ruled that the dog sniff did not violate the U.S. Constitution, it remanded the case to the Illinois Supreme Court to consider the issues the defendant had raised under the Illinois Constitution.

Yesterday, in People v. Caballes, No. 91547 (Ill. May 18, 2006), the Illinois Supreme Court released its decision on the issue of "whether, even though the canine sniff of defendant's car during a routine traffic stop did not implicate the fourth amendment, it nevertheless violated the guarantees of the state constitution."

The Illinois Supreme Court held, in a lengthy 4-3 decision, that use of a trained drug-detecting dog during a lawful traffic stop does not violate the search and seizure provision of article I, section 6, of the Illinois Constitution of 1970. The Court also held that a dog sniff of a vehicle does not violate the privacy clause of article I, section 6. Finally, the Court ruled that drug-sniffing dogs are generally reliable.

Photo of Illinois Supreme Court building from the Illinois Courts official site.