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| Public Act 098-1082 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Sections 11-5, 11-5.4, 11-8, 11-8.1, 11-10.1, and 11-13 as | ||||
follows:
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(755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
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Sec. 11-5. Appointment of guardian.
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(a) Upon the filing of a petition for the appointment of a | ||||
guardian or on
its own motion, the court may appoint a guardian | ||||
of the estate or of both the
person and estate, of a minor, or | ||||
may appoint a guardian of the person only of
a minor or minors, | ||||
as the court finds to be in the best interest of the minor
or | ||||
minors.
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(a-1) A parent, adoptive parent or adjudicated parent, | ||||
whose parental rights
have not been terminated, may designate | ||||
in any writing, including a will, a
person qualified to act | ||||
under Section 11-3 to be appointed as guardian of
the person or | ||||
estate, or both, of an unmarried minor or of a child likely to | ||||
be
born. A parent, adoptive parent or adjudicated parent, whose | ||||
parental rights
have not been terminated, or a guardian or a | ||||
standby guardian of an unmarried
minor or of a child likely to | ||||
be born may designate in any writing, including a
will, a | ||||
person qualified to act under Section 11-3 to be appointed as | ||
successor
guardian of the minor's person or estate, or both. | ||
The designation must be
witnessed by 2 or more credible | ||
witnesses at least 18 years of age, neither of
whom is the | ||
person designated as the guardian. The designation may be | ||
proved
by any competent evidence. If the designation is | ||
executed and attested in the
same manner as a will, it shall | ||
have prima facie validity. The designation of a
guardian or | ||
successor guardian does not affect the rights of the other | ||
parent
in the minor.
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(b) The court lacks jurisdiction to proceed on a petition | ||
for the
appointment of a guardian of a minor if it finds that | ||
(i) the minor has a living parent,
adoptive parent or | ||
adjudicated parent, whose parental rights have not been
| ||
terminated, whose whereabouts are known, and who is willing and | ||
able to make
and carry out day-to-day child care decisions | ||
concerning the minor, unless: (1) the
parent or parents | ||
voluntarily relinquished physical custody of the minor; (2) | ||
after receiving notice of the
hearing under Section 11-10.1, | ||
the parent or parents fail to object to the appointment at the
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hearing on the petition; or (3) the parent or parents consent | ||
to the appointment as evidenced by a written document that has | ||
been notarized and dated, or by a personal appearance and | ||
consent in open court; or (ii) there is a guardian for the | ||
minor appointed by
a court of competent jurisdiction. There | ||
shall be a rebuttable presumption
that a parent of a minor is | ||
willing and able to make and carry out
day-to-day child care | ||
decisions concerning the minor, but the presumption may
be | ||
rebutted by a preponderance of the evidence. If a short-term | ||
guardian has been appointed for the minor prior to the filing | ||
of the petition and the petitioner for guardianship is not the | ||
short-term guardian, there shall be a rebuttable presumption | ||
that it is in the best interest of the minor to remain in the | ||
care of the short-term guardian. The petitioner shall have the | ||
burden of proving by a preponderance of the evidence that it is | ||
not in the child's best interest to remain with the short-term | ||
guardian.
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(b-1) If the court finds the appointment of a guardian of | ||
the minor to be
in the best interest of the minor, and if a | ||
standby guardian has previously
been appointed for the minor | ||
under Section 11-5.3, the court shall appoint the
standby | ||
guardian as the guardian of the person or estate, or both, of | ||
the minor
unless the court finds, upon good cause shown, that | ||
the appointment would no
longer be in the best interest of the | ||
minor.
| ||
(c) If the minor is 14 years of age or more, the minor may | ||
nominate the
guardian of the minor's person and estate, subject | ||
to approval of the court. If
the minor's nominee is not | ||
approved by the court or if, after notice to the minor, the | ||
minor fails to nominate a
guardian of the minor's person or | ||
estate, the court may appoint the guardian
without nomination.
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(d) The court shall not appoint as guardian of the person | ||
of the minor any
person whom the court has determined had | ||
caused or substantially contributed to
the minor becoming a | ||
neglected or abused minor as defined in the Juvenile Court
Act | ||
of 1987, unless 2 years have elapsed since the last proven | ||
incident of abuse
or neglect and the court determines that | ||
appointment of such person as guardian
is in the best interests | ||
of the minor.
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(e) Previous statements made by the minor relating to any | ||
allegations
that the minor is an abused or neglected child | ||
within the meaning of the
Abused and Neglected Child Reporting | ||
Act, or an abused or neglected minor
within the meaning of the | ||
Juvenile Court Act of 1987, shall be admissible
in evidence in | ||
a hearing concerning appointment of a guardian of the person
or | ||
estate of the minor. No such statement, however, if | ||
uncorroborated and
not subject to cross-examination, shall be | ||
sufficient in itself to support
a finding of abuse or neglect.
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(Source: P.A. 96-1338, eff. 1-1-11.)
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(755 ILCS 5/11-5.4)
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Sec. 11-5.4. Short-term guardian.
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(a) A parent, adoptive parent, or adjudicated parent whose | ||
parental
rights
have not been terminated,
or the guardian of | ||
the person of a minor
may appoint in writing, without court | ||
approval, a
short-term guardian of an unmarried minor or a | ||
child likely to be born. The
written instrument appointing a | ||
short-term guardian shall be dated and shall
identify the | ||
appointing parent
or guardian,
the minor, and the person | ||
appointed to be the
short-term guardian. The written instrument | ||
shall be signed by, or at the
direction of, the appointing | ||
parent in the presence of at least 2 credible
witnesses at | ||
least 18 years of age, neither of whom is the person appointed | ||
as
the short-term guardian. The person appointed as the | ||
short-term guardian shall
also sign the written instrument, but | ||
need not sign at the same time as the
appointing parent.
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(b) A parent or guardian shall not appoint a short-term | ||
guardian of a
minor if the
minor has another living parent, | ||
adoptive parent or adjudicated parent, whose
parental rights | ||
have not been terminated, whose whereabouts are known, and who
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is willing and able to make and carry out day-to-day child care | ||
decisions
concerning the minor, unless the nonappointing | ||
parent consents to the
appointment by signing the written | ||
instrument of appointment.
| ||
(c) The appointment of the short-term guardian is effective | ||
immediately upon
the date the written instrument is executed, | ||
unless the written instrument
provides for the appointment to | ||
become effective upon a later specified date or
event. Except | ||
as provided in subsection (e-5) of this Section, the short-term | ||
guardian shall have authority to act as guardian of the
minor | ||
as provided in Section 11-13.2 for a period of 365 days
from | ||
the date the appointment is effective, unless the written | ||
instrument
provides for the appointment to terminate upon an | ||
earlier specified date or
event. Only one written instrument | ||
appointing a short-term guardian may be in
force at any given | ||
time.
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(d) Every appointment of a short-term guardian may be | ||
amended or revoked by
the appointing parent or by the | ||
appointing guardian of the person of the
minor
at any time and | ||
in any manner communicated to the
short-term guardian or to any | ||
other person. Any person other than the
short-term guardian to | ||
whom a revocation or amendment is communicated or
delivered | ||
shall make all reasonable efforts to inform the short-term | ||
guardian
of that fact as promptly as possible.
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(e) The appointment of a short-term guardian or successor | ||
short-term
guardian does not affect the rights of the other | ||
parent in the minor. The short-term guardian appointment does | ||
not constitute consent for court appointment of a guardian.
| ||
(e-5) Any time after the appointment of a temporary | ||
custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the | ||
Juvenile Court Act of 1987, and after notice to all parties, | ||
including the short-term guardian, as required by the Juvenile | ||
Court Act of 1987, a court may vacate any short-term | ||
guardianship for the minor appointed under this Section, | ||
provided the vacation is consistent with the minor's best | ||
interests as determined using the factors listed in paragraph | ||
(4.05) of Section 1-3 of the Juvenile Court Act of 1987. | ||
(f) The written instrument appointing a short-term | ||
guardian may, but need
not, be in the following form:
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APPOINTMENT OF SHORT-TERM GUARDIAN
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[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
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By properly completing this form, a parent or the guardian
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of the person of the child is appointing a guardian of
a child | ||
of the parent
(or a minor ward of the guardian, as the case may | ||
be)
for a period of up to 365 days. A separate form should be
| ||
completed for each child. The person appointed as
the guardian | ||
must sign the form, but need not do so at the same time as the
| ||
parent or parents or guardian.
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This form may not be used to appoint a guardian if there is | ||
a guardian
already appointed for the child, except that if
a | ||
guardian of the person of the child has
been appointed, that | ||
guardian may use this form to appoint a
short-term guardian.
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Both living parents of a child may together
appoint a guardian | ||
of the child, or the
guardian of the person of the child may
| ||
appoint a guardian of the child,
for a period
of up to 365 days | ||
through the use
of this form.
If the short-term guardian is | ||
appointed by both living parents of the
child,
the parents need | ||
not sign the form at the same time.]
| ||
1. Parent
(or guardian)
and Child. I, (insert name of | ||
appointing parent
or guardian), currently
residing at | ||
(insert address of appointing parent
or guardian), am a | ||
parent
(or the guardian of the
person)
of
the following
| ||
child (or of a child likely to be born): (insert name and | ||
date of birth of
child, or insert the words "not yet born" | ||
to appoint a short-term guardian for
a child likely to be | ||
born and the child's expected date of birth).
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2. Guardian. I hereby appoint the following person as | ||
the short-term
guardian for the child: (insert name and | ||
address of appointed
person).
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3. Effective date. This appointment becomes effective: | ||
(check one if you
wish it to be applicable)
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( ) On the date that I state in writing that I am | ||
no longer either
willing or able to make and carry out | ||
day-to-day child care decisions
concerning the child.
| ||
( ) On the date that a physician familiar with my | ||
condition certifies
in writing that I am no longer | ||
willing or able to make and carry out day-to-day
child | ||
care decisions concerning the child.
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( ) On the date that I am admitted as an in-patient | ||
to a hospital or
other health care institution.
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( ) On the following date: (insert date).
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( ) Other: (insert other).
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[NOTE: If this item is not completed, the appointment is | ||
effective
immediately upon the date the form is signed and | ||
dated below.]
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4. Termination. This appointment shall terminate 365 | ||
days after the
effective date, unless it terminates sooner | ||
as determined by the event or date
I have indicated below: | ||
(check one if you wish it to be applicable)
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( ) On the date that I state in writing that I am | ||
willing and able to
make and carry out day-to-day child | ||
care decisions concerning the
child.
| ||
( ) On the date that a physician familiar with my | ||
condition certifies
in writing that I am willing and | ||
able to make and carry out day-to-day child
care | ||
decisions concerning the child.
| ||
( ) On the date that I am discharged from the | ||
hospital or other health
care institution where I was | ||
admitted as an in-patient, which established the
| ||
effective date.
| ||
( ) On the date which is (state a number of days, | ||
but no more than 365
days) days after the effective | ||
date.
| ||
( ) Other: (insert other).
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[NOTE: If this item is not completed, the appointment will be | ||
effective for a
period of 365 days, beginning on the effective | ||
date.]
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5. Date and signature of appointing parent
or guardian. | ||
This
appointment is made
this (insert day) day of (insert | ||
month and year).
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Signed: (appointing parent)
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6. Witnesses. I saw the parent
(or the guardian of the
| ||
person of the child)
sign this instrument or I saw the | ||
parent
(or the guardian of the
person of the child) direct
| ||
someone to sign this instrument for the parent
(or the | ||
guardian). Then I
signed this
instrument as a witness in | ||
the presence of the parent (or the
guardian). I am not | ||
appointed in
this instrument to act as the short-term | ||
guardian for the child.
(Insert space for names, addresses, | ||
and signatures of 2 witnesses)
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7. Acceptance of short-term guardian. I accept this | ||
appointment as
short-term guardian on this (insert day) day | ||
of (insert month and year).
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Signed: (short-term guardian)
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8. Consent of child's other parent. I, (insert name of | ||
the child's other
living parent), currently residing at | ||
(insert address of child's other living
parent), hereby | ||
consent to this appointment on this (insert day) day of
| ||
(insert month and year).
| ||
Signed: (consenting parent)
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[NOTE: The signature of a consenting parent is not necessary if | ||
one of the
following applies: (i) the child's other parent has | ||
died; or (ii) the
whereabouts of the child's other parent are | ||
not known; or (iii) the child's
other parent is not willing or | ||
able to make and carry out day-to-day child care
decisions | ||
concerning the child; or (iv) the child's parents were never | ||
married
and no court has issued an order establishing | ||
parentage.]
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(Source: P.A. 98-568, eff. 1-1-14.)
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(755 ILCS 5/11-8) (from Ch. 110 1/2, par. 11-8)
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Sec. 11-8. Petition for guardian of minor.
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(a) The petition for appointment of a
guardian of the | ||
estate, or of both the person and estate, of a minor, or for
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appointment of the guardian of the person only of a minor or | ||
minors must state,
if known:
(1) the name, date of birth and | ||
residence of the minor; (2) the names and
post office addresses | ||
of the nearest relatives of the minor in the following
order: | ||
(i) the spouse, if any; if none, (ii) the
parents, and adult | ||
brothers and
sisters, and the short-term guardian, if any; if | ||
none, (iii) the nearest adult kindred; (3) the name
and post | ||
office address of the person having the custody of the minor; | ||
(4)
the approximate value of the personal estate; (5) the | ||
amount of the
anticipated
gross annual income and other | ||
receipts; (6) the name, post office
address
and, in case of an | ||
individual, the age and occupation of the proposed guardian;
| ||
(7) the facts concerning the execution or admission to probate | ||
of
the written
designation of the guardian, if any, a copy of | ||
which shall be attached to or
filed with the petition; and (8) | ||
the facts concerning any juvenile,
adoption,
parentage, | ||
dissolution, or guardianship court actions pending concerning | ||
the
minor or the parents of the minor and whether any guardian | ||
is currently acting
for the minor. In addition, if the petition | ||
seeks the appointment of a
previously appointed standby | ||
guardian as guardian of the minor, the petition
must also | ||
state: (9) the facts concerning the standby guardian's
previous
| ||
appointment and (10) the date of death of the minor's parent or
| ||
parents or the
facts concerning the consent of the minor's | ||
parent or parents to the
appointment of the standby guardian as | ||
guardian, or the willingness and ability
of the minor's parent | ||
or parents to make and carry out day-to-day child care
| ||
decisions concerning the minor.
| ||
If a short-term guardian who has been appointed by the | ||
minor's parent or guardian prior to the filing of the petition | ||
subsequently petitions for court-ordered guardianship of the | ||
minor, the petition shall state the facts concerning the | ||
appointment of the short-term guardian, including: (i) the date | ||
of the appointment; (ii) the circumstances surrounding the | ||
appointment; (iii) the date the short-term guardian | ||
appointment ends; and (iv) the reasons why a court-ordered | ||
guardian is also needed for the minor. A copy of the short-term | ||
guardianship appointment shall be attached to the petition. | ||
(b) A single petition for appointment of only a guardian of | ||
the person of
a minor may include more than one minor. The | ||
statements required in items (1)
and (2) of subsection (a) | ||
shall be listed separately for each minor.
| ||
(Source: P.A. 90-796, eff. 12-15-98.)
| ||
(755 ILCS 5/11-8.1)
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Sec. 11-8.1. Petition for standby guardian of minor. The | ||
petition for
appointment of a standby guardian of the person or | ||
the estate, or both, of a
minor must state, if known: (a) the | ||
name, date of birth, and residence of the
minor; (b) the names | ||
and post office addresses of the nearest relatives of the
minor | ||
in the following order: (1) the parents, if any; if none, (2) | ||
the adult
brothers and sisters, if any; if none, (3) the | ||
nearest adult kindred; (4) the short-term guardian, if any; (c) | ||
the
name and post office address of the person having custody | ||
of the minor; (d) the
name, post office address, and, in case | ||
of any individual, the age and
occupation of the proposed | ||
standby guardian; (e) the facts concerning the
consent of the | ||
minor's parent or parents or the guardian of
the person of the | ||
minor
to the appointment of the standby
guardian, or the | ||
willingness and ability of the minor's parent or parents, if
| ||
any,
or the guardian of the person of the minor
to make and | ||
carry out day-to-day child care decisions concerning the
minor; | ||
(f) the facts concerning the execution or admission to probate | ||
of the
written designation of the standby guardian, if any, a | ||
copy of which shall be
attached to or filed with the petition; | ||
and (g) the facts concerning any
juvenile, adoption, parentage, | ||
dissolution, or guardianship court actions
pending concerning | ||
the minor or the parents of the minor and whether any
guardian | ||
is currently acting for the minor. If a short-term guardian has | ||
been appointed by the minor's parent or guardian and | ||
subsequently petitions for standby guardianship of the minor, | ||
the petition shall state the facts concerning the appointment | ||
of the short-term guardian, including: (i) the date of the | ||
appointment; (ii) the circumstances surrounding the | ||
appointment; (iii) the date the short-term guardian | ||
appointment ends; and (iv) the reasons why a standby guardian | ||
is also needed for the minor. A copy of the short-term | ||
guardianship appointment shall be attached to the petition.
| ||
(Source: P.A. 90-796, eff. 12-15-98.)
| ||
(755 ILCS 5/11-10.1) (from Ch. 110 1/2, par. 11-10.1)
| ||
Sec. 11-10.1.
Procedure for appointment of a standby | ||
guardian or a guardian
of a minor.
| ||
(a) Unless excused by the court for good cause shown, it is | ||
the duty of the
petitioner to give notice of the time and place | ||
of the hearing on the petition,
in person or by mail, to the | ||
minor, if the minor is 14 years, or older, and to
the relatives | ||
and the short-term guardian of the minor whose names and | ||
addresses are stated in the
petition, not less than 3 days | ||
before the hearing, but failure to give notice
to any relative | ||
is not jurisdictional.
| ||
(b) In any proceeding for the appointment of a standby | ||
guardian or a
guardian the court may appoint a guardian ad | ||
litem to represent the minor in
the proceeding.
| ||
(Source: P.A. 88-529.)
| ||
(755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13)
| ||
Sec. 11-13. Duties of guardian of a minor. Before a | ||
guardian of a
minor may act, the guardian shall be appointed by | ||
the court of the proper
county and, in the case of a guardian | ||
of the minor's estate, the guardian shall
give the bond | ||
prescribed in Section 12-2. Except as provided in Section
| ||
11-13.1 and Section 11-13.2 with respect to the standby or | ||
short-term guardian
of the person of a minor, the court shall | ||
have control over the person and
estate of the ward. Under the | ||
direction of the court:
| ||
(a) The guardian of the person shall have the custody, | ||
nurture and tuition
and shall provide education of the ward and | ||
of his children, but the ward's
spouse may not be deprived of | ||
the custody and education of the spouse's
children, without | ||
consent of the spouse, unless the court finds that the
spouse | ||
is not a fit and competent person to have such custody and | ||
education.
If the ward's estate is insufficient to provide for | ||
the ward's education
and the guardian of his person fails to | ||
provide education, the court may
award the custody of the ward | ||
to some other person for the purpose of providing
education. If | ||
a person makes a settlement upon or provision for the support
| ||
or education of a ward and if either parent of the ward is | ||
dead, the court
may make such order for the visitation of the | ||
ward by the person making
the settlement or provision as the | ||
court deems proper. The guardian of the minor shall inform the | ||
court of the minor's current address by certified mail, hand | ||
delivery, or other method in accordance with court rules within | ||
30 days of any change of residence.
| ||
(b) The guardian or other representative of the ward's | ||
estate shall have
the care, management and investment of the | ||
estate, shall manage the estate
frugally and shall apply the | ||
income and principal of the estate so far as
necessary for the | ||
comfort and suitable support and education of the ward,
his | ||
children, and persons related by blood or marriage who are | ||
dependent
upon or entitled to support from him, or for any | ||
other purpose which the
court deems to be for the best | ||
interests of the ward, and the court may
approve the making on | ||
behalf of the ward of such agreements as the court
determines | ||
to be for the ward's best interests. The representative may
| ||
make disbursement of his ward's funds and estate directly to | ||
the ward or
other distributee or in such other manner and in | ||
such amounts as the court
directs. If the estate of a ward is | ||
derived in whole or in part from payments
of compensation, | ||
adjusted compensation, pension, insurance or other similar
| ||
benefits made directly to the estate by the Veterans | ||
Administration, notice of
the application for leave to invest | ||
or expend the ward's funds or estate,
together with a copy of | ||
the petition and proposed order, shall be given to the
| ||
Veterans' Administration Regional Office in this State at least | ||
7 days before
the hearing on the application.
The court, upon | ||
petition of a guardian of the estate of a minor,
may permit the
| ||
guardian to make a will or create a revocable or irrevocable | ||
trust for the
minor that the court considers appropriate in | ||
light of changes in applicable
tax
laws that allow for | ||
minimization of State or federal income, estate, or
inheritance | ||
taxes; however, the will or trust
must make distributions only | ||
to the persons who would be entitled to
distributions if the | ||
minor were to die intestate and the will or trust must
make | ||
distributions to those persons in the same amounts to which | ||
they
would be entitled if the minor were to die intestate.
| ||
(c) Upon the direction of the court which issued his | ||
letters a
representative may perform the contracts of his ward | ||
which were legally
subsisting at the time of the commencement | ||
of the guardianship. The court may
authorize the guardian to | ||
execute and deliver any bill of sale, deed or other
instrument.
| ||
(d) The representative of the estate of a ward shall appear | ||
for and
represent the ward in all legal proceedings unless | ||
another person is appointed
for that purpose as representative | ||
or next friend. This does not impair the
power of any court to | ||
appoint a representative or next friend to defend the
interests | ||
of the ward in that court, or to appoint or allow any person as | ||
the
next friend of a ward to commence, prosecute or defend any | ||
proceeding in his
behalf. Any proceeding on behalf of a minor | ||
may be commenced and prosecuted by
his next friend, without any | ||
previous authority or appointment by the court if
the next | ||
friend enters bond for costs and files it in the court where | ||
the
proceeding is pending.
Without impairing the power of the | ||
court in any respect, if the
representative of the estate of a | ||
minor and another person as next friend shall
appear for and | ||
represent the minor in a legal proceeding in which the
| ||
compensation of the attorney or attorneys representing the | ||
guardian and next
friend is solely determined under a | ||
contingent fee arrangement, the guardian of
the estate of the | ||
minor shall not participate in or have any duty to review the
| ||
prosecution of the action, to participate in or review the | ||
appropriateness of
any settlement of the action, or to | ||
participate in or review any determination
of the
| ||
appropriateness of any fees awarded to the attorney or | ||
attorneys employed in
the prosecution of the action.
| ||
(e) Upon petition by any interested person (including the | ||
standby or
short-term guardian), with such notice to interested | ||
persons as the court
directs and a finding by the court that it | ||
is in the best interest of the
minor, the court may terminate | ||
or limit the authority of a standby or
short-term guardian or | ||
may enter such other orders as the court deems
necessary to | ||
provide for the best interest of the minor. The petition for
| ||
termination or limitation of the authority of a standby or | ||
short-term guardian
may, but need not, be combined with a | ||
petition to have a guardian appointed for
the minor.
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(f) The court may grant leave to the guardian of a minor | ||
child or children to remove such child or children from | ||
Illinois whenever such approval is in the best interests of | ||
such child or children. The guardian may not remove a minor | ||
from Illinois except as permitted under this Section and must | ||
seek leave of the court prior to removing a child for 30 days | ||
or more. The burden of proving that such removal is in the best | ||
interests of such child or children is on the guardian. When | ||
such removal is permitted, the court may require the guardian | ||
removing such child or children from Illinois to give | ||
reasonable security guaranteeing the return of such children. | ||
The court shall consider the wishes of the minor's parent | ||
or parents and the effect of removal on visitation and the | ||
wishes of the minor if he or she is 14 years of age or older. | ||
The court may not consider the availability of electronic | ||
communication as a factor in support of the removal of a child | ||
by the guardian from Illinois. The guardianship order may | ||
incorporate language governing removal of the minor from the | ||
State. | ||
Before a minor child is temporarily removed from Illinois | ||
for more than 48 hours but less than 30 days, the guardian | ||
shall inform the parent or parents of the address and telephone | ||
number where the child may be reached during the period of | ||
temporary removal and the date on which the child shall return | ||
to Illinois. The State of Illinois retains jurisdiction when | ||
the minor child is absent from the State pursuant to this | ||
subsection. The guardianship order may incorporate language | ||
governing out-of-state travel with the minor. | ||
(Source: P.A. 90-345, eff. 8-8-97; 91-149, eff. 1-1-00.)
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