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90_HB2531
25 ILCS 135/5.04 from Ch. 63, par. 29.4
Amends the Legislative Reference Bureau Act. Provides
that any commercial or business entity that publishes for
profit any portion of the Illinois Compiled Statutes that has
been found to be unconstitutional in a reported decision of
the Illinois Supreme Court, an Illinois appellate court, or a
federal court must indicate that fact and give a citation to
the decision in a footnote, caption, or other annotation.
This requirement applies to electronic publication as well as
publication in print. Effective immediately.
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1 AN ACT to amend the Legislative Reference Bureau Act by
2 changing Section 5.04.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Legislative Reference Bureau Act is
6 amended by changing Section 5.04 as follows:
7 (25 ILCS 135/5.04) (from Ch. 63, par. 29.4)
8 Sec. 5.04. Codification, and revision, and publication
9 of statutes.
10 (a) As soon as possible after the effective date of this
11 amendatory Act of 1992, the Legislative Reference Bureau
12 shall file with the Index Division of the Office of the
13 Secretary of State, the General Assembly, the Governor, and
14 the Supreme Court a compilation of the general Acts of
15 Illinois. At that time and at any other time the Legislative
16 Reference Bureau may file with the Index Division of the
17 Office of the Secretary of State cross-reference tables
18 comparing the compilation and the Illinois Revised Statutes.
19 The Legislative Reference Bureau shall provide copies of the
20 documents that are filed to each individual or entity that
21 delivers a written request for copies to the Legislative
22 Reference Bureau; the Legislative Reference Bureau, by
23 resolution, may establish and charge a reasonable fee for
24 providing copies. The compilation shall take effect on
25 January 1, 1993. The compilation shall be cited as the
26 "Illinois Compiled Statutes" or as "ILCS".
27 (a-5) The Illinois Compiled Statutes, including the
28 statutes themselves and the organizational and numbering
29 scheme, shall be an official compilation of the general Acts
30 of Illinois and shall be entirely in the public domain for
31 purposes of federal copyright law. However, any commercial
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1 or business entity that publishes for profit any portion of
2 the Illinois Compiled Statutes that has been found to be
3 unconstitutional in a reported decision of the Illinois
4 Supreme Court, an Illinois appellate court, or a federal
5 court must indicate that fact and give a citation to the
6 decision in a footnote, caption, or other annotation. This
7 requirement applies to electronic publication as well as
8 publication in print.
9 (b) The compilation document that is filed under
10 subsection (a) shall divide the general Acts into major topic
11 areas and into chapters within those areas; the document
12 shall list the general Acts by title or short title, but need
13 not contain the text of the statutes or specify individual
14 Sections of Acts. Chapters shall be numbered. Each Act
15 shall be assigned to a chapter and shall be ordered within
16 that chapter. An Act prefix number shall be designated for
17 each Act within each chapter. Chapters may be divided into
18 subheadings. Citation to a section of ILCS shall be in the
19 form "X ILCS Y/Z(A)", where X is the chapter number, Y is the
20 Act prefix number, Z is the Section number of the Act, Y/Z is
21 the section number in the chapter of ILCS, and A is the year
22 of publication, if applicable.
23 (c) The Legislative Reference Bureau shall make
24 additions, deletions, and changes to the organizational or
25 numbering scheme of the Illinois Compiled Statutes by filing
26 appropriate documents with the Index Division of the Office
27 of the Secretary of State. The Legislative Reference Bureau
28 shall also provide copies of the documents that are filed to
29 each individual or entity that delivers a written request for
30 copies to the Legislative Reference Bureau; the Legislative
31 Reference Bureau, by resolution, may establish and charge a
32 reasonable fee for providing copies. The additions,
33 deletions, and changes to the organizational or numbering
34 scheme of the Illinois Compiled Statutes shall take effect 30
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1 days after filing with the Index Division.
2 (d) Omission of an effective Act or Section of an Act
3 from ILCS does not alter the effectiveness of that Act or
4 Section. Inclusion of a repealed Act or Section of an Act in
5 ILCS does not affect the repeal of that Act or Section.
6 (e) In order to allow for an efficient transition to the
7 organizational and numbering scheme of the Illinois Compiled
8 Statutes, the State, units of local government, school
9 districts, and other governmental entities may, for a
10 reasonable period of time, continue to use forms, computer
11 software, systems, and data, published rules, and any other
12 electronically stored information and printed documents that
13 contain references to the Illinois Revised Statutes.
14 However, reports of criminal, traffic, and other offenses and
15 violations that are part of a state-wide reporting system
16 shall continue to be made by reference to the Illinois
17 Revised Statutes until July 1, 1994, and on and after that
18 date shall be made by reference to the Illinois Compiled
19 Statutes, except that an earlier conversion date may be
20 established by agreement among all of the following: the
21 Supreme Court, the Secretary of State, the Director of State
22 Police, the Circuit Clerk of Cook County, and the Circuit
23 Clerk of DuPage County, or the designee of each. References
24 to the Illinois Revised Statutes are deemed to be references
25 to the corresponding provisions of the Illinois Compiled
26 Statutes.
27 (f) The Legislative Reference Bureau, with the
28 assistance of the Legislative Information System, shall make
29 its electronically stored database of the statutes and the
30 compilation available in an electronically stored medium to
31 those who request it; the Legislative Reference Bureau, by
32 resolution, shall establish and charge a reasonable fee for
33 providing the information.
34 (g) Amounts received under this Section shall be
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1 deposited into the General Assembly Computer Equipment
2 Revolving Fund.
3 (h) The Legislative Reference Bureau shall select
4 subjects and chapters of the statutory law that it considers
5 most in need of a revision and present to the next regular
6 session of the General Assembly bills covering those
7 revisions. In connection with those revisions, the
8 Legislative Reference Bureau has full authority and
9 responsibility to recommend the revision, simplification, and
10 rearrangement of existing statutory law and the elimination
11 from that law of obsolete, superseded, duplicated, and
12 unconstitutional statutes or parts of statutes, but shall
13 make no other changes in the substance of existing statutes,
14 except to the extent those changes in substance are necessary
15 for coherent revision, simplification, rearrangement, or
16 elimination. Revisions reported to the General Assembly may
17 be accompanied by explanatory statements of changes in
18 existing statutes or parts of statutes that those revisions,
19 if enacted, would effect.
20 (Source: P.A. 86-523; 87-1005.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.