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91_HB1180
LRB9101697ACmb
1 AN ACT in relation to solicitation by certain persons.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Solicitation for Charity Act is amended
5 by changing Sections 1, 9, and 11 and adding Section 7.5 as
6 follows:
7 (225 ILCS 460/1) (from Ch. 23, par. 5101)
8 Sec. 1. The following words and phrases as used in this
9 Act shall have the following meanings unless a different
10 meaning is required by the context.
11 (a) "Charitable organization." Any benevolent,
12 philanthropic, patriotic, or eleemosynary person or one
13 purporting to be such which solicits and collects funds for
14 charitable purposes and includes each local, county, or area
15 division within this State of such charitable organization,
16 provided such local, county or area division has authority
17 and discretion to disburse funds or property otherwise than
18 by transfer to any parent organization.
19 (b) "Contribution." The promise or grant of any money or
20 property of any kind or value, including the promise to pay,
21 except payments by union members of an organization.
22 Reference to the dollar amount of "contributions" in this Act
23 means in the case of promises to pay, or payments for
24 merchandise or rights of any other description, the value of
25 the total amount promised to be paid or paid for such
26 merchandise or rights and not merely that portion of the
27 purchase price to be applied to a charitable purpose.
28 Contribution shall not include the proceeds from the sale of
29 admission tickets by any not-for-profit music or dramatic
30 arts organization which establishes, by such proof as the
31 Attorney General may require, that it has received an
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1 exemption under Section 501(c)(3) of the Internal Revenue
2 Code and which is organized and operated for the presentation
3 of live public performances of musical or theatrical works on
4 a regular basis. For purposes of this subsection, union
5 member dues and donated services shall not be deemed
6 contributions.
7 (c) "Person." Any individual, organization, group,
8 association, partnership, corporation, trust or any
9 combination of them.
10 (d) "Professional fund raiser." Any person who for
11 compensation or other consideration, conducts, manages, or
12 carries on any solicitation drive or campaign in this State
13 or from this State or on behalf of a charitable organization
14 residing within this State for the purpose of soliciting
15 contributions for or on behalf of any charitable organization
16 or any other person, or who engages in the business of, or
17 holds himself out to persons in this State as independently
18 engaged in the business of soliciting contributions for such
19 purposes. A bona fide director, officer, employee or unpaid
20 volunteer of a charitable organization shall not be deemed a
21 professional fund raiser unless the person is in a management
22 position and the majority of the individual's salary or other
23 compensation is computed on a percentage basis of funds to be
24 raised, or actually raised.
25 (e) "Professional fund raising consultant." Any person
26 who is retained by a charitable organization or trustee for a
27 fixed fee or rate that is not computed on a percentage of
28 funds to be raised, or actually raised, under a written
29 agreement, to only plan, advise, consult, or prepare
30 materials for a solicitation of contributions in this State,
31 but who does not manage, conduct or carry on a fundraising
32 campaign and who does not solicit contributions or employ,
33 procure, or engage any compensated person to solicit
34 contributions and who does not at any time have custody or
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1 control of contributions. A volunteer, employee or salaried
2 officer of a charitable organization or trustee maintaining a
3 permanent establishment or office in this State is not a
4 professional fundraising consultant. An attorney, investment
5 counselor, or banker who advises an individual, corporation
6 or association to make a charitable contribution is not a
7 professional fundraising consultant as a result of the
8 advice.
9 (f) "Charitable purpose." Any charitable, benevolent,
10 philanthropic, patriotic, or eleemosynary purpose.
11 (g) "Charitable Trust" means any relationship whereby
12 property is held by a person for a charitable purpose.
13 (h) "Education Program Service" means any activity which
14 provides information to the public of a nature that is not
15 commonly known or facts which are not universally regarded as
16 obvious or as established by common understanding and which
17 informs the public of what it can or should do about a
18 particular issue.
19 (i) "Primary Program Service" means the program service
20 upon which an organization spends more than 50% of its
21 program service funds or the program activity which
22 represents the largest expenditure of funds in the fiscal
23 period.
24 (j) "Professional solicitor" means any natural person
25 who is employed or retained for compensation by a
26 professional fund raiser to solicit contributions for
27 charitable purposes from persons in this State or from this
28 State or on behalf of a charitable organization residing
29 within this State.
30 (k) "Program Service Activity" means the actual
31 charitable program activities of a charitable organization
32 for which it expends its resources.
33 (l) "Program Service Expense" means the expenses of
34 charitable program activity and not management expenses or
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1 fund raising expenses. In determining Program Service
2 Expense, management and fund raising expenses may not be
3 included.
4 (m) "Public Safety Personnel Organization" means any
5 person who uses any of the words "officer", "police",
6 "policeman", "policemen", "troopers", "sheriff", "law
7 enforcement", "fireman", or "firemen", "paramedic", or
8 similar words in its name or in conjunction with
9 solicitations, or in the title or name of to place ads or buy
10 subscriptions in a magazine, newspaper, periodical,
11 advertisement or ad book, or any other medium of electronic
12 or print publication, and is not a governmental entity. No
13 organization may be a Public Safety Personnel Organization
14 unless 80% or more of its voting members or trustees are
15 active, retired, or disabled police officers, peace officers,
16 firemen, fire fighters, emergency medical technicians -
17 ambulance, emergency medical technicians - intermediate,
18 emergency medical technicians - paramedic, ambulance drivers,
19 or other medical assistance or first aid personnel.
20 (m-5) "Public Safety Personnel" includes police
21 officers, peace officers, firemen, fire fighters, emergency
22 medical technicians - ambulance, emergency medical
23 technicians - intermediate, emergency medical technicians -
24 paramedic, ambulance drivers, and other medical assistance or
25 first aid personnel.
26 (n) "Trustee" means any person, individual, group of
27 individuals, association, corporation, not for profit
28 corporation, or other legal entity holding property for or
29 solicited for any charitable purpose; or any officer,
30 director, executive director or other controlling persons of
31 a corporation soliciting or holding property for a charitable
32 purpose.
33 (Source: P.A. 86-718; 87-755.)
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1 (225 ILCS 460/7.5 new)
2 Sec. 7.5. Public Safety Personnel Organization.
3 (a) Every Public Safety Personnel Organization that
4 solicits contributions from the public shall, in addition to
5 other provisions of this Act:
6 (1) Have as a condition of public solicitation a
7 provision included in every professional fund raiser
8 contract providing that the professional fund raiser
9 shall: (A) maintain and deliver to the organization a
10 list of the names and addresses of all contributors and
11 purchasers of merchandise, goods, services, memberships,
12 and advertisements; (B) deliver the list of the current
13 year semiannually of each contribution or purchase and
14 specify the amount of the contribution or purchase and
15 the date of the transaction; and (C) assign ownership of
16 the list to the Public Safety Personnel Organization.
17 The obligation required by this subdivision (1) does
18 not apply to a professional fund raiser under the
19 following conditions:
20 (i) the professional fund raiser does not have
21 access to information to create and maintain the
22 list and the Public Safety Personnel Organization
23 obtained the information to create and maintain the
24 list under the fund raising campaign by other means;
25 or
26 (ii) the Public Safety Personnel Organization
27 and the professional fund raiser agree to waive the
28 obligation required by this subdivision (1).
29 (2) Act in accordance with Section 17-2 of the
30 Criminal Code of 1961, and violation of this Section
31 shall also be subject to separate civil remedy hereunder.
32 (b) Any professional fund raiser who willfully violates
33 the provisions of this Section may in addition to other
34 remedies be subject to a fine of $2,000 for each violation,
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1 forfeiture of all solicitation fees, and enjoined from
2 operating and soliciting the public.
3 (c) This Section does not apply to a contract that is in
4 effect on the effective date of this amendatory Act of the
5 91st General Assembly (unless the contract is extended,
6 renewed, or revised on or after the effective date of this
7 amendatory Act of the 91st General Assembly, in which case
8 this Section applies to the contract on and after the date on
9 which the extension, renewal, or revision takes place).
10 (225 ILCS 460/9) (from Ch. 23, par. 5109)
11 Sec. 9. (a) An action for violation of this Act may be
12 prosecuted by the Attorney General in the name of the people
13 of the State, and in any such action, the Attorney General
14 shall exercise all the powers and perform all duties which
15 the State's Attorney would otherwise be authorized to
16 exercise or to perform therein.
17 (b) This Act shall not be construed to limit or restrict
18 the exercise of the powers or the performance of the duties
19 of the Attorney General which he otherwise is authorized to
20 exercise or perform under any other provision of law by
21 statute or otherwise.
22 (c) Whenever the Attorney General shall have reason to
23 believe that any charitable organization, professional fund
24 raiser, or professional solicitor is operating in violation
25 of the provisions of this Act, or if any of the principal
26 officers of any charitable organization has refused or
27 failed, after notice, to produce any records of such
28 organization or there is employed or is about to be employed
29 in any solicitation or collection of contributions for a
30 charitable organization any device, scheme, or artifice to
31 defraud or for obtaining money or property by means of any
32 false pretense, representation or promise, or any false
33 statement has been made in any application, registration or
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1 statement required to be filed pursuant to this Act, in
2 addition to any other action authorized by law, he may bring
3 in the circuit court an action in the name, and on behalf of
4 the people of the State of Illinois against such charitable
5 organization and any other person who has participated or is
6 about to participate in such solicitation or collection by
7 employing such device, scheme, artifice, false representation
8 or promise, to enjoin such charitable organization or other
9 person from continuing such solicitation or collection or
10 engaging therein or doing any acts in furtherance thereof, or
11 to cancel any registration statement previously filed with
12 the Attorney General.
13 In connection with such proposed action the Attorney
14 General is authorized to take proof in the manner provided in
15 Section 2-1003 of the Code of Civil Procedure.
16 (d) Upon a showing by the Attorney General in an
17 application for an injunction that any person engaged in the
18 solicitation or collection of funds for charitable purposes,
19 either as an individual or as a member of a copartnership, or
20 as an officer of a corporation or as an agent for some other
21 person, or copartnership or corporation, has been convicted
22 in this State or elsewhere of a felony or of a misdemeanor
23 where such felony or misdemeanor involved the
24 misappropriation, misapplication or misuse of the money or
25 property of another, he may enjoin such persons from engaging
26 in any solicitation or collection of funds for charitable
27 purposes.
28 (e) The Attorney General may exercise the authority
29 granted in this Section against any charitable organization
30 or person which or who operates under the guise or pretense
31 of being an organization exempted by the provisions of
32 Section 3 and is not in fact an organization entitled to such
33 an exemption.
34 (f) In any action brought under the provisions of this
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1 Act, the Attorney General is entitled to recover costs for
2 the use of this State.
3 (g) Any person who knowingly violates this Section may
4 be enjoined from such conduct, removed from office, enjoined
5 from acting for charity and subject to punitive damages as
6 deemed appropriate by the circuit court.
7 (h) Any person who violates this Section shall not be
8 entitled to keep or receive monies, fees, salaries,
9 commissions or any compensation, as a result of the
10 solicitations or fund raising campaigns, and at the request
11 of the Attorney General such monies, fees, salaries,
12 commissions or any compensation shall be forfeited and
13 subject to distribution to charitable use as a court of
14 equity determines.
15 (i) The Attorney General may publish an annual report of
16 all charitable organizations based on information contained
17 in reports filed hereunder stating the amount of money each
18 organization received through solicitation and the amount of
19 money which was expended on program service activity and the
20 percentage of the solicited assets that were expended on
21 charitable activity.
22 (j) The Attorney General shall cancel the registration
23 of any organization, professional fund raiser, or
24 professional solicitor who violates the provisions of this
25 Section.
26 (k) Any person who solicits financial contributions or
27 the sale of merchandise, goods, services, memberships, or
28 advertisements in violation of the prohibitions of subsection
29 (d-1) of Section 11 of this Act, or commits false
30 personation, use of title, or solicitation as defined by
31 Section 17-2 of the Criminal Code of 1961 shall, in addition
32 to any other penalties provided for by law, be subject to
33 civil remedy by cause of action brought by the Attorney
34 General or a Public Safety Personnel Organization affected by
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1 the violation.
2 In addition to equitable relief, a successful claimant or
3 the Attorney General shall recover damages of triple the
4 amount collected as a result of solicitations made in
5 violation of this Act, plus reasonable attorney's fees and
6 costs.
7 A plaintiff in any suit filed under this Section shall
8 serve a copy of all pleadings on the Attorney General and the
9 State's Attorney for the county in which the suit is filed.
10 (Source: P.A. 87-755.)
11 (225 ILCS 460/11) (from Ch. 23, par. 5111)
12 Sec. 11. (a) No person shall for the purpose of
13 soliciting contributions from persons in this State, use the
14 name of any other person, except that of an officer, director
15 or trustee of the charitable organization by or for which
16 contributions are solicited, without the written consent of
17 such other persons.
18 (b) A person shall be deemed to have used the name of
19 another person for the purpose of soliciting contributions if
20 such latter person's name is listed on any stationery,
21 advertisement, brochure or correspondence in or by which a
22 contribution is solicited by or on behalf of a charitable
23 organization or his name is listed or referred to in
24 connection with a request for a contribution as one who has
25 contributed to, sponsored or endorsed the charitable
26 organization or its activities.
27 (c) Nothing contained in this Section shall prevent the
28 publication of names of contributors without their written
29 consents, in an annual or other periodic report issued by a
30 charitable organization for the purpose of reporting on its
31 operations and affairs to its membership or for the purpose
32 of reporting contributions to contributors.
33 (d) No charitable organization or professional fund
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1 raiser soliciting contributions shall use a name, symbol, or
2 statement so closely related or similar to that used by
3 another charitable organization or governmental agency that
4 the use thereof would tend to confuse or mislead the public.
5 (d-1) No Public Safety Personnel Organization may by
6 words in its name or in its solicitations claim to be
7 representing, acting on behalf of, assisting, or affiliated
8 with the public safety personnel of a particular municipal,
9 regional, or other geographical area, unless: (1) 80% or more
10 of the organization's voting members and trustees are persons
11 who are actively employed or retired or disabled from
12 employment within the particular municipal, regional, or
13 other geographical area stated in the name or solicitation;
14 (2) all of these members are vested with the right to vote in
15 the election of the managing or controlling officers of the
16 organization either directly or through delegates; and (3)
17 the organization includes in any solicitation the actual
18 number of active, retired, or disabled police officers, peace
19 officers, firemen, fire fighters, emergency medical
20 technicians - ambulance, emergency medical technicians -
21 intermediate, emergency medical technicians - paramedic,
22 ambulance drivers, or other medical assistance or first aid
23 personnel who are members of the organization who are
24 actively employed, retired, or disabled from employment
25 within the particular municipal, regional, or other
26 geographical area referenced in the solicitation.
27 (d-2) No person or organization may have a name or use a
28 name using the words "officer", "police", "policeman",
29 "policemen", "trooper", "sheriff", "law enforcement officer",
30 "deputy", "chief of police", or similar words therein unless
31 80% or more of its trustees and voting members are active,
32 retired, or disabled law enforcement personnel.
33 (d-3) No person or organization may have a name or use a
34 name using the words "fireman", "firemen", "fire fighter",
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1 "fire chief", "paramedic", or similar words therein unless
2 80% or more of its trustees and voting members are active,
3 retired or disabled fire fighters, firemen, emergency medical
4 technicians - ambulance, emergency medical technicians -
5 intermediate, emergency medical technicians - paramedic,
6 ambulance drivers, or other medical assistance or first aid
7 personnel.
8 (d-4) No person by words in a Public Safety Personnel
9 Organization name or in solicitations made therefor shall
10 state he or she or his or her organization is assisting or
11 affiliated with a local, municipal, regional, or other
12 governmental body or geographical area unless 80% of its
13 trustees and voting members are active, retired, or disabled
14 police officers, law enforcement officials, firemen, fire
15 fighters, emergency medical technicians - ambulance,
16 emergency medical technicians - intermediate, emergency
17 medical technicians - paramedic, ambulance drivers, or other
18 medical assistance or first aid personnel of the local,
19 municipal, regional, or other geographical area so named or
20 stated.
21 (e) Any person or organization that who willfully
22 violates the provisions of this Section is guilty of a Class
23 A misdemeanor. Any person or organization that willfully
24 violates the provisions of this Section may in addition to
25 other remedies be subject to a fine of $2,000 for each
26 violation, shall be subject to forfeiture of all solicitation
27 fees, and shall be enjoined from operating as a fundraiser
28 and soliciting the public for fundraising purposes.
29 (Source: Laws 1963, p. 2082.)
30 Section 10. The Criminal Code of 1961 is amended by
31 changing Section 17-2 as follows:
32 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
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1 Sec. 17-2. False personation; use of title;
2 solicitation; certain entities. Impersonating Veteran, Member
3 of Police, Fraternal or Veterans' Organization, or
4 Representative of Charitable Organization - Use of Words
5 "Chicago Police" etc. - Sentence.
6 (a) A person commits a false personation when he or she
7 falsely represents himself or herself to be a member or
8 representative of any veterans' or public safety personnel
9 organization police, fraternal or veteran's organization,
10 including the Illinois Police Association, or a
11 representative of any charitable organization, or when any
12 person exhibits or uses in any manner any decal, badge or
13 insignia of any charitable, public safety personnel, or
14 veterans' police organization when not authorized to do so by
15 the such charitable, public safety personnel, or veterans'
16 police organization. "Public safety personnel organization"
17 has the meaning ascribed to that term in Section 1 of the
18 Solicitation for Charity Act.
19 (a-5) A person commits a false personation when he or
20 she falsely represents himself or herself to be a veteran in
21 seeking employment or public office. In this subsection,
22 "veteran" means a person who has served in the Armed Services
23 or Reserved Forces of the United States.
24 (b) No person shall use the words "Chicago Police,"
25 "Chicago Police Department," "Chicago Patrolman," "Chicago
26 Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
27 any other words to the same effect in the title of any
28 organization, magazine, or other publication without the
29 express approval of the Chicago Police Board.
30 (b-1) No person shall use the words "Cook County
31 Sheriff" or "Cook County Sheriff's Police", or any other
32 words to the same effect, in the title of any organization,
33 when soliciting financial contributions or selling or
34 delivering or offering to sell or deliver any merchandise,
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1 goods, services, memberships, or advertisements without
2 including the lawful complete name of the organization.
3 (c) (Blank). No person may solicit advertisements to
4 appear in any firefighters', law enforcement or police
5 officers' magazine, journal or other publication without
6 first having obtained a current certificate of qualification
7 from the Illinois Attorney General. Upon the presentation of
8 proof that the applicant does in fact represent a legitimate
9 and bona fide firefighters', law enforcement or police
10 officers' publication, the Attorney General may issue to the
11 applicant a certificate of qualification to solicit
12 advertisements on behalf of such publication. The Attorney
13 General shall prescribe forms and promulgate rules governing
14 the making of applications and the certification of persons
15 under this subsection.
16 (c-1) No person may claim or represent that he or she is
17 acting on behalf of any police department, chief of a police
18 department, fire department, chief of a fire department,
19 sheriff's department, or sheriff when soliciting financial
20 contributions or selling or delivering or offering to sell or
21 deliver any merchandise, goods, services, memberships, or
22 advertisements unless the chief of the police department,
23 fire department, and the corporate or municipal authority
24 thereof, or the sheriff has first entered into a written
25 agreement with the person or with an organization with which
26 the person is affiliated and the agreement permits the
27 activity.
28 (c-2) No person, when soliciting financial contributions
29 or selling or delivering or offering to sell or deliver any
30 merchandise, goods, services, memberships, or advertisements
31 may claim or represent that he or she is representing or
32 acting on behalf of any nongovernmental organization by any
33 name which includes "officer", "peace officer", "police",
34 "law enforcement", "trooper", "sheriff", "deputy", "deputy
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1 sheriff", "State police", or any other word or words which
2 would reasonably be understood to imply that the organization
3 is composed of law enforcement personnel unless the person is
4 actually representing or acting on behalf of the
5 nongovernmental organization, and the nongovernmental
6 organization is controlled by and governed by a membership of
7 and represents a group or association of active duty peace
8 officers, retired peace officers, or injured peace officers
9 and before commencing the solicitation or the sale or the
10 offers to sell any merchandise, goods, services, memberships,
11 or advertisements, a written contract between the soliciting
12 or selling person and the nongovernmental organization has
13 been entered into.
14 (c-3) No person may solicit financial contributions or
15 sell or deliver or offer to sell or deliver any merchandise,
16 goods, services, memberships, or advertisements on behalf of
17 a police, sheriff, or other law enforcement department unless
18 that person is actually representing or acting on behalf of
19 the department or governmental organization and has entered
20 into a written contract with the police chief, or head of the
21 law enforcement department, and the corporate or municipal
22 authority thereof, or the sheriff, which specifies and states
23 clearly and fully the purposes for which the proceeds of the
24 solicitation, contribution, or sale will be used.
25 (c-4) No person, when soliciting financial contributions
26 or selling or delivering or offering to sell or deliver any
27 merchandise, goods, services, memberships, or advertisements,
28 may claim or represent that he or she is representing or
29 acting on behalf of any nongovernmental organization by any
30 name which includes the term "fireman", "fire fighter",
31 "paramedic", or any other word or words which would
32 reasonably be understood to imply that the organization is
33 composed of fire fighter or paramedic personnel unless the
34 person is actually representing or acting on behalf of the
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1 nongovernmental organization, and the nongovernmental
2 organization is controlled by and governed by a membership of
3 and represents a group or association of active duty,
4 retired, or injured fire fighters (for the purposes of this
5 Section, "fire fighter" has the meaning ascribed to that term
6 in Section 2 of the Illinois Fire Protection Training Act) or
7 active duty, retired, or injured emergency medical
8 technicians - ambulance, emergency medical technicians -
9 intermediate, emergency medical technicians - paramedic,
10 ambulance drivers, or other medical assistance or first aid
11 personnel, and before commencing the solicitation or the sale
12 or delivery or the offers to sell or deliver any merchandise,
13 goods, services, memberships, or advertisements, a written
14 contract between the soliciting or selling person and the
15 nongovernmental organization has been entered into.
16 (c-5) No person may solicit financial contributions or
17 sell or deliver or offer to sell of deliver any merchandise,
18 goods, services, memberships, or advertisements on behalf of
19 a department or departments of firefighters unless that
20 person is actually representing or acting on behalf of the
21 department or departments and has entered into a written
22 contract with the department chief and corporate or municipal
23 authority thereof which specifies and states clearly and
24 fully the purposes for which the proceeds of the
25 solicitation, contribution, or sale will be used.
26 (d) Sentence. False personation, unapproved use of a
27 name or title, or solicitation in violation of subsections
28 (a), and (b), and (b-1) of this Section is a Class C
29 misdemeanor. False personation in violation of subsection
30 (a-5) is a Class A misdemeanor. Engaging in any activity in
31 violation of subsection (c-1), (c-2), (c-3), (c-4), or (c-5)
32 of this Section is a Class 4 felony. Solicitation in
33 violation of subsection (c) of this Section is a Class A
34 misdemeanor. A second or subsequent conviction for a
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1 violation of subsection (c) of this Section committed after
2 the first conviction is a Class 4 felony.
3 (Source: P.A. 89-324, eff. 8-13-95.)
4 Section 95. Severability. The provisions of this Act
5 are severable under Section 1.31 of the Statute on Statutes.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.