(5 ILCS 70/0.01)(from Ch. 1, par. 1000) Sec. 0.01. Short title. This Act may be cited as the Statute on Statutes. (Source: P.A. 86‑4; 86‑451.)
(5 ILCS 70/1)(from Ch. 1, par. 1001) Sec. 1. In the construction of statutes, this Act shall be observed, unless such construction would be inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute. (Source: P.A. 86‑451.)
(5 ILCS 70/1.01)(from Ch. 1, par. 1002) Sec. 1.01. All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the General Assembly may be fully carried out. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.02)(from Ch. 1, par. 1003) Sec. 1.02. Words in the present tense include the future. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.03)(from Ch. 1, par. 1004) Sec. 1.03. Words importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.04)(from Ch. 1, par. 1005) Sec. 1.04. Words importing the masculine gender may be applied to females. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.05)(from Ch. 1, par. 1006) Sec. 1.05. "Person" or "persons" as well as all words referring to or importing persons, may extend and be applied to bodies politic and corporate as well as individuals. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.06)(from Ch. 1, par. 1007) Sec. 1.06. "Person under legal disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his or her person or estate, or (b) is a person with mental illness or is a person with developmental disabilities and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose himself or herself or his or her family to want or suffering. (Source: P.A. 88‑380.)
(5 ILCS 70/1.07)(from Ch. 1, par. 1008) Sec. 1.07. "County board" means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.08)(from Ch. 1, par. 1009) Sec. 1.08. "Sheriff," "coroner," "clerk," or other words used for an executive or ministerial officer may include any deputy or other person performing the duties of such officer, either generally or in special cases. (Source: Laws 1965, p. 373.)
(5 ILCS 70/1.09)(from Ch. 1, par. 1010) Sec. 1.09. Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.10)(from Ch. 1, par. 1011) Sec. 1.10. "Month" means a calendar month, and the word "year," a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord." (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.11)(from Ch. 1, par. 1012) Sec. 1.11. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded. (Source: Laws 1968, p. 155.)
(5 ILCS 70/1.12)(from Ch. 1, par. 1013) Sec. 1.12. The word "oath" shall be deemed to include an affirmation, and the word "sworn" shall be construed to include the word "affirmed." (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.13)(from Ch. 1, par. 1014) Sec. 1.13. "Wills" includes codicils. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.14)(from Ch. 1, par. 1015) Sec. 1.14. "State," when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.15)(from Ch. 1, par. 1016) Sec. 1.15. "Written" and "in writing" may include printing, electronic, and any other mode of representing words and letters; but when the written signature of any person is required by law on any official or public writing or bond, required by law, it shall be (1) the proper handwriting of such person or, in case he is unable to write, his proper mark or (2) an electronic signature as defined in the Electronic Commerce Security Act, except as otherwise provided by law. (Source: P.A. 90‑759, eff. 7‑1‑99.)
(5 ILCS 70/1.16)(from Ch. 1, par. 1017) Sec. 1.16. "Highway," "road," or "street" may include any road laid out by authority of the United States, or of this State, or of any town or county of this State, and all bridges upon the same. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.17)(from Ch. 1, par. 1018) Sec. 1.17. "Heretofore" means any time previous to the day on which the statute takes effect; and the word "hereafter," at any time after such day. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.18)(from Ch. 1, par. 1019) Sec. 1.18. "Laws now in force," and words of similar import, mean the laws in force at the time the Act containing the words shall take effect. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.20)(from Ch. 1, par. 1021) Sec. 1.20. "General superintendent of police," "secretary of the general superintendent of police," "assistant general superintendent of police," "first deputy superintendent of police," "chief of police," "assistant chief of police," "city marshal," "assistant city marshal," "deputy city marshal," "chief of detectives," "assistant chief of detectives," and all "captains," "lieutenants," "detective sergeants," "second‑class sergeants," "sergeants," "inspector of police," "detectives," "patrolmen," "operators" and "civilian" or "plain clothes policemen" and "assistant identification inspector," mean "policemen employed and in the service of a municipality," and the term "police force," shall be construed to include such persons in the employ of a municipality as members of the department of police, who are or shall hereafter be appointed and sworn as policemen. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.22)(from Ch. 1, par. 1023) Sec. 1.22. "Other civil cases" and "ordinary civil cases" or any equivalent expression, when used with reference to practice, procedure, or appeal, shall be deemed to refer to cases under the Civil Practice Law, and all existing and future amendments thereto and modifications thereof, and the Supreme Court Rules as now or hereafter adopted. (Source: P.A. 82‑783.)
(5 ILCS 70/1.23)(from Ch. 1, par. 1024) Sec. 1.23. The "General Revenue Law of Illinois", or any equivalent expression, when used with reference to revenue, shall be deemed to refer to the Property Tax Code and all existing and future amendments thereto and modifications thereof, and all rules now or hereafter adopted pursuant thereto. (Source: P.A. 88‑670, eff. 12‑2‑94.)
(5 ILCS 70/1.24)(from Ch. 1, par. 1025) Sec. 1.24. The word "decree" is synonymous with the word "judgment". (Source: Laws 1963, p. 2710.)
(5 ILCS 70/1.25)(from Ch. 1, par. 1026) Sec. 1.25. Unless An Act otherwise specifically provides, any writing of any kind or description required or authorized to be filed with, and any payment of any kind or description required or authorized to be paid to, the State or any political subdivision thereof, by the laws of this State: (1) if transmitted through the United States mail, shall be deemed filed with or received by the State or political subdivision on the date shown by the post office cancellation mark stamped upon the envelope or other wrapper containing it; (2) if mailed but not received by the State or political subdivision, or if received but without a cancellation mark or with the cancellation mark illegible or erroneous, shall be deemed filed with or received by the State or political subdivision to which it was required or authorized to be directed on the date it was mailed, but only if the sender establishes by competent evidence that the writing or payment was deposited, properly addressed, in the United States mail on or before the date on which it was required or authorized to be filed or was due. In cases in which the writing or payment was mailed but not received, the sender must also file with, or pay to, the State or political subdivision to which the writing or payment was required or authorized to be directed, a duplicate writing or payment within 30 days after written notification is given to the person claiming to have sent the writing or payment, by the State or political subdivision to which the writing or payment was required or authorized to be sent, of its non‑receipt of the writing or payment. If a writing or payment is sent by United States registered mail, certified mail or certificate of mailing, a record authenticated by the United States Post Office of such registration, certification or certificate shall be considered competent evidence that the writing or payment was mailed. The date of registration, certification or certificate shall be deemed the postmarked date. (Source: P. A. 76‑1111.)
(5 ILCS 70/1.26)(from Ch. 1, par. 1027) Sec. 1.26. "Circuit clerk" means clerk of the circuit court. (Source: P. A. 76‑2300.)
(5 ILCS 70/1.27)(from Ch. 1, par. 1028) Sec. 1.27. "Municipalities" has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.28)(from Ch. 1, par. 1029) Sec. 1.28. "Units of local government" has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.29)(from Ch. 1, par. 1030) Sec. 1.29. "Special districts" has the meaning ascribed to that term in Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.30)(from Ch. 1, par. 1031) Sec. 1.30. "Town trustees" means the members of the township board required by Section 80‑5 of the Township Code. (Source: P.A. 88‑670, eff. 12‑2‑94.)
(5 ILCS 70/1.31)(from Ch. 1, par. 1032) Sec. 1.31. If any provision of an Act enacted after the effective date of this amendatory Act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid application or provision, and to this end the provisions of each Act enacted after the effective date of this amendatory Act are severable, unless otherwise provided by the Act. (Source: P.A. 79‑1178; 79‑1454.)
(5 ILCS 70/1.32)(from Ch. 1, par. 1033) Sec. 1.32. "Surviving spouse" means "widow" or "widower", as the case may be. (Source: P.A. 80‑356.)
(5 ILCS 70/1.33)(from Ch. 1, par. 1034) Sec. 1.33. Whenever there is a reference in any Act to the Capital Development Bond Act of 1972, Transportation Bond Act, School Construction Bond Act, Anti‑Pollution Bond Act or the Illinois Coal and Energy Development Bond Act, such reference shall be interpreted to include the General Obligation Bond Act. (Source: P.A. 83‑1490.)
(5 ILCS 70/1.34)(from Ch. 1, par. 1035) Sec. 1.34. This Section applies to citations in one Act to another Act or to the general law on a subject, whether or not the citation also contains a modifying phrase such as "as amended", "as now or hereafter amended", "in effect from time to time", or a similar phrase. A citation to another Act or to the general law on a subject refers to that other Act or general law in effect from time to time. Initially, the citation refers to that other Act or general law in effect at the time the new or amendatory Act containing the citation becomes law. At any time thereafter, the citation refers to that other Act or general law as amended or otherwise modified up to that time. (Source: P.A. 86‑451.)
(5 ILCS 70/1.35) Sec. 1.35. Paralegal. "Paralegal" means a person who is qualified through education, training, or work experience and is employed by a lawyer, law office, governmental agency, or other entity to work under the direction of an attorney in a capacity that involves the performance of substantive legal work that usually requires a sufficient knowledge of legal concepts and would be performed by the attorney in the absence of the paralegal. A reference in an Act to attorney fees includes paralegal fees, recoverable at market rates. (Source: P.A. 89‑123, eff. 1‑1‑96.)
(5 ILCS 70/1.36) Sec. 1.36. Born alive infant. (a) In determining the meaning of any statute or of any rule, regulation, or interpretation of the various administrative agencies of this State, the words "person", "human being", "child", and "individual" shall include every infant member of the species homo sapiens who is born alive at any stage of development. (b) As used in this Section, the term "born alive", with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. (c) Nothing in this Section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive, as defined in this Section. (d) Nothing in this Section shall be construed to affect existing federal or State law regarding abortion. (e) Nothing in this Section shall be construed to alter generally accepted medical standards. (Source: P.A. 94‑559, eff. 1‑1‑06.)
(5 ILCS 70/2)(from Ch. 1, par. 1101) Sec. 2. The provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a continuation of such prior provisions, and not as a new enactment. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/3)(from Ch. 1, par. 1102) Sec. 3. No act or part of an act repealed by the General Assembly shall be deemed to be revived by the repeal of the repealing act. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/4)(from Ch. 1, par. 1103) Sec. 4. No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued, or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new law takes effect, save only that the proceedings thereafter shall conform, so far as practicable, to the laws in force at the time of such proceeding. If any penalty, forfeiture or punishment be mitigated by any provisions of a new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect. This section shall extend to all repeals, either by express words or by implication, whether the repeal is in the act making any new provision upon the same subject or in any other act. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/5)(from Ch. 1, par. 1104) Sec. 5. In construing an amendatory Act printed in any volume of the session laws published after January 1, 1969, matter printed in italics shall be construed as new matter added by the amendatory Act, and matter shown crossed with a line shall be construed as matter deleted from the law by the amendatory Act. (Source: Laws 1967, p. 1405.)
(5 ILCS 70/6)(from Ch. 1, par. 1105) Sec. 6. Two or more Acts which relate to same subject matter and which are enacted by the same General Assembly shall be construed together in such manner as to give full effect to each Act except in case of an irreconcilable conflict. In case of an irreconcilable conflict the Act last acted upon by the General Assembly is controlling to the extent of such conflict. The Act last acted upon is determined by reference to the final legislative action taken by either house of the General Assembly, whether such final action is passage on third reading in the second house, concurring in or receding from an amendment, adoption of a conference committee report, acceptance of the Governor's specific recommendations for change, or passage over the Governor's veto. However, for the purpose of determining the effective date of laws under Section 10 of Article IV of the Constitution of 1970 and "An Act in relation to the effective date of laws", approved July 2, 1971, a bill is "passed" at the time of its final legislative action before presentation to the Governor as provided in paragraph (a) of Section 9 of Article IV of the Constitution of 1970. An irreconcilable conflict between 2 or more Acts which amend the same section of an Act exists only if the amendatory Acts make inconsistent changes in the section as it theretofore existed. The rules of construction provided for in this section are applicable to Acts enacted by the same General Assembly throughout the 2 year period of its existence. (Source: P. A. 78‑255.)
(5 ILCS 70/0.01)(from Ch. 1, par. 1000) Sec. 0.01. Short title. This Act may be cited as the Statute on Statutes. (Source: P.A. 86‑4; 86‑451.)
(5 ILCS 70/1)(from Ch. 1, par. 1001) Sec. 1. In the construction of statutes, this Act shall be observed, unless such construction would be inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute. (Source: P.A. 86‑451.)
(5 ILCS 70/1.01)(from Ch. 1, par. 1002) Sec. 1.01. All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the General Assembly may be fully carried out. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.02)(from Ch. 1, par. 1003) Sec. 1.02. Words in the present tense include the future. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.03)(from Ch. 1, par. 1004) Sec. 1.03. Words importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.04)(from Ch. 1, par. 1005) Sec. 1.04. Words importing the masculine gender may be applied to females. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.05)(from Ch. 1, par. 1006) Sec. 1.05. "Person" or "persons" as well as all words referring to or importing persons, may extend and be applied to bodies politic and corporate as well as individuals. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.06)(from Ch. 1, par. 1007) Sec. 1.06. "Person under legal disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his or her person or estate, or (b) is a person with mental illness or is a person with developmental disabilities and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose himself or herself or his or her family to want or suffering. (Source: P.A. 88‑380.)
(5 ILCS 70/1.07)(from Ch. 1, par. 1008) Sec. 1.07. "County board" means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.08)(from Ch. 1, par. 1009) Sec. 1.08. "Sheriff," "coroner," "clerk," or other words used for an executive or ministerial officer may include any deputy or other person performing the duties of such officer, either generally or in special cases. (Source: Laws 1965, p. 373.)
(5 ILCS 70/1.09)(from Ch. 1, par. 1010) Sec. 1.09. Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.10)(from Ch. 1, par. 1011) Sec. 1.10. "Month" means a calendar month, and the word "year," a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord." (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.11)(from Ch. 1, par. 1012) Sec. 1.11. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded. (Source: Laws 1968, p. 155.)
(5 ILCS 70/1.12)(from Ch. 1, par. 1013) Sec. 1.12. The word "oath" shall be deemed to include an affirmation, and the word "sworn" shall be construed to include the word "affirmed." (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.13)(from Ch. 1, par. 1014) Sec. 1.13. "Wills" includes codicils. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.14)(from Ch. 1, par. 1015) Sec. 1.14. "State," when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.15)(from Ch. 1, par. 1016) Sec. 1.15. "Written" and "in writing" may include printing, electronic, and any other mode of representing words and letters; but when the written signature of any person is required by law on any official or public writing or bond, required by law, it shall be (1) the proper handwriting of such person or, in case he is unable to write, his proper mark or (2) an electronic signature as defined in the Electronic Commerce Security Act, except as otherwise provided by law. (Source: P.A. 90‑759, eff. 7‑1‑99.)
(5 ILCS 70/1.16)(from Ch. 1, par. 1017) Sec. 1.16. "Highway," "road," or "street" may include any road laid out by authority of the United States, or of this State, or of any town or county of this State, and all bridges upon the same. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.17)(from Ch. 1, par. 1018) Sec. 1.17. "Heretofore" means any time previous to the day on which the statute takes effect; and the word "hereafter," at any time after such day. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.18)(from Ch. 1, par. 1019) Sec. 1.18. "Laws now in force," and words of similar import, mean the laws in force at the time the Act containing the words shall take effect. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.20)(from Ch. 1, par. 1021) Sec. 1.20. "General superintendent of police," "secretary of the general superintendent of police," "assistant general superintendent of police," "first deputy superintendent of police," "chief of police," "assistant chief of police," "city marshal," "assistant city marshal," "deputy city marshal," "chief of detectives," "assistant chief of detectives," and all "captains," "lieutenants," "detective sergeants," "second‑class sergeants," "sergeants," "inspector of police," "detectives," "patrolmen," "operators" and "civilian" or "plain clothes policemen" and "assistant identification inspector," mean "policemen employed and in the service of a municipality," and the term "police force," shall be construed to include such persons in the employ of a municipality as members of the department of police, who are or shall hereafter be appointed and sworn as policemen. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.22)(from Ch. 1, par. 1023) Sec. 1.22. "Other civil cases" and "ordinary civil cases" or any equivalent expression, when used with reference to practice, procedure, or appeal, shall be deemed to refer to cases under the Civil Practice Law, and all existing and future amendments thereto and modifications thereof, and the Supreme Court Rules as now or hereafter adopted. (Source: P.A. 82‑783.)
(5 ILCS 70/1.23)(from Ch. 1, par. 1024) Sec. 1.23. The "General Revenue Law of Illinois", or any equivalent expression, when used with reference to revenue, shall be deemed to refer to the Property Tax Code and all existing and future amendments thereto and modifications thereof, and all rules now or hereafter adopted pursuant thereto. (Source: P.A. 88‑670, eff. 12‑2‑94.)
(5 ILCS 70/1.24)(from Ch. 1, par. 1025) Sec. 1.24. The word "decree" is synonymous with the word "judgment". (Source: Laws 1963, p. 2710.)
(5 ILCS 70/1.25)(from Ch. 1, par. 1026) Sec. 1.25. Unless An Act otherwise specifically provides, any writing of any kind or description required or authorized to be filed with, and any payment of any kind or description required or authorized to be paid to, the State or any political subdivision thereof, by the laws of this State: (1) if transmitted through the United States mail, shall be deemed filed with or received by the State or political subdivision on the date shown by the post office cancellation mark stamped upon the envelope or other wrapper containing it; (2) if mailed but not received by the State or political subdivision, or if received but without a cancellation mark or with the cancellation mark illegible or erroneous, shall be deemed filed with or received by the State or political subdivision to which it was required or authorized to be directed on the date it was mailed, but only if the sender establishes by competent evidence that the writing or payment was deposited, properly addressed, in the United States mail on or before the date on which it was required or authorized to be filed or was due. In cases in which the writing or payment was mailed but not received, the sender must also file with, or pay to, the State or political subdivision to which the writing or payment was required or authorized to be directed, a duplicate writing or payment within 30 days after written notification is given to the person claiming to have sent the writing or payment, by the State or political subdivision to which the writing or payment was required or authorized to be sent, of its non‑receipt of the writing or payment. If a writing or payment is sent by United States registered mail, certified mail or certificate of mailing, a record authenticated by the United States Post Office of such registration, certification or certificate shall be considered competent evidence that the writing or payment was mailed. The date of registration, certification or certificate shall be deemed the postmarked date. (Source: P. A. 76‑1111.)
(5 ILCS 70/1.26)(from Ch. 1, par. 1027) Sec. 1.26. "Circuit clerk" means clerk of the circuit court. (Source: P. A. 76‑2300.)
(5 ILCS 70/1.27)(from Ch. 1, par. 1028) Sec. 1.27. "Municipalities" has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.28)(from Ch. 1, par. 1029) Sec. 1.28. "Units of local government" has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.29)(from Ch. 1, par. 1030) Sec. 1.29. "Special districts" has the meaning ascribed to that term in Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.30)(from Ch. 1, par. 1031) Sec. 1.30. "Town trustees" means the members of the township board required by Section 80‑5 of the Township Code. (Source: P.A. 88‑670, eff. 12‑2‑94.)
(5 ILCS 70/1.31)(from Ch. 1, par. 1032) Sec. 1.31. If any provision of an Act enacted after the effective date of this amendatory Act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid application or provision, and to this end the provisions of each Act enacted after the effective date of this amendatory Act are severable, unless otherwise provided by the Act. (Source: P.A. 79‑1178; 79‑1454.)
(5 ILCS 70/1.32)(from Ch. 1, par. 1033) Sec. 1.32. "Surviving spouse" means "widow" or "widower", as the case may be. (Source: P.A. 80‑356.)
(5 ILCS 70/1.33)(from Ch. 1, par. 1034) Sec. 1.33. Whenever there is a reference in any Act to the Capital Development Bond Act of 1972, Transportation Bond Act, School Construction Bond Act, Anti‑Pollution Bond Act or the Illinois Coal and Energy Development Bond Act, such reference shall be interpreted to include the General Obligation Bond Act. (Source: P.A. 83‑1490.)
(5 ILCS 70/1.34)(from Ch. 1, par. 1035) Sec. 1.34. This Section applies to citations in one Act to another Act or to the general law on a subject, whether or not the citation also contains a modifying phrase such as "as amended", "as now or hereafter amended", "in effect from time to time", or a similar phrase. A citation to another Act or to the general law on a subject refers to that other Act or general law in effect from time to time. Initially, the citation refers to that other Act or general law in effect at the time the new or amendatory Act containing the citation becomes law. At any time thereafter, the citation refers to that other Act or general law as amended or otherwise modified up to that time. (Source: P.A. 86‑451.)
(5 ILCS 70/1.35) Sec. 1.35. Paralegal. "Paralegal" means a person who is qualified through education, training, or work experience and is employed by a lawyer, law office, governmental agency, or other entity to work under the direction of an attorney in a capacity that involves the performance of substantive legal work that usually requires a sufficient knowledge of legal concepts and would be performed by the attorney in the absence of the paralegal. A reference in an Act to attorney fees includes paralegal fees, recoverable at market rates. (Source: P.A. 89‑123, eff. 1‑1‑96.)
(5 ILCS 70/1.36) Sec. 1.36. Born alive infant. (a) In determining the meaning of any statute or of any rule, regulation, or interpretation of the various administrative agencies of this State, the words "person", "human being", "child", and "individual" shall include every infant member of the species homo sapiens who is born alive at any stage of development. (b) As used in this Section, the term "born alive", with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. (c) Nothing in this Section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive, as defined in this Section. (d) Nothing in this Section shall be construed to affect existing federal or State law regarding abortion. (e) Nothing in this Section shall be construed to alter generally accepted medical standards. (Source: P.A. 94‑559, eff. 1‑1‑06.)
(5 ILCS 70/2)(from Ch. 1, par. 1101) Sec. 2. The provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a continuation of such prior provisions, and not as a new enactment. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/3)(from Ch. 1, par. 1102) Sec. 3. No act or part of an act repealed by the General Assembly shall be deemed to be revived by the repeal of the repealing act. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/4)(from Ch. 1, par. 1103) Sec. 4. No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued, or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new law takes effect, save only that the proceedings thereafter shall conform, so far as practicable, to the laws in force at the time of such proceeding. If any penalty, forfeiture or punishment be mitigated by any provisions of a new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect. This section shall extend to all repeals, either by express words or by implication, whether the repeal is in the act making any new provision upon the same subject or in any other act. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/5)(from Ch. 1, par. 1104) Sec. 5. In construing an amendatory Act printed in any volume of the session laws published after January 1, 1969, matter printed in italics shall be construed as new matter added by the amendatory Act, and matter shown crossed with a line shall be construed as matter deleted from the law by the amendatory Act. (Source: Laws 1967, p. 1405.)
(5 ILCS 70/6)(from Ch. 1, par. 1105) Sec. 6. Two or more Acts which relate to same subject matter and which are enacted by the same General Assembly shall be construed together in such manner as to give full effect to each Act except in case of an irreconcilable conflict. In case of an irreconcilable conflict the Act last acted upon by the General Assembly is controlling to the extent of such conflict. The Act last acted upon is determined by reference to the final legislative action taken by either house of the General Assembly, whether such final action is passage on third reading in the second house, concurring in or receding from an amendment, adoption of a conference committee report, acceptance of the Governor's specific recommendations for change, or passage over the Governor's veto. However, for the purpose of determining the effective date of laws under Section 10 of Article IV of the Constitution of 1970 and "An Act in relation to the effective date of laws", approved July 2, 1971, a bill is "passed" at the time of its final legislative action before presentation to the Governor as provided in paragraph (a) of Section 9 of Article IV of the Constitution of 1970. An irreconcilable conflict between 2 or more Acts which amend the same section of an Act exists only if the amendatory Acts make inconsistent changes in the section as it theretofore existed. The rules of construction provided for in this section are applicable to Acts enacted by the same General Assembly throughout the 2 year period of its existence. (Source: P. A. 78‑255.)
(5 ILCS 70/0.01)(from Ch. 1, par. 1000) Sec. 0.01. Short title. This Act may be cited as the Statute on Statutes. (Source: P.A. 86‑4; 86‑451.)
(5 ILCS 70/1)(from Ch. 1, par. 1001) Sec. 1. In the construction of statutes, this Act shall be observed, unless such construction would be inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute. (Source: P.A. 86‑451.)
(5 ILCS 70/1.01)(from Ch. 1, par. 1002) Sec. 1.01. All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the General Assembly may be fully carried out. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.02)(from Ch. 1, par. 1003) Sec. 1.02. Words in the present tense include the future. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.03)(from Ch. 1, par. 1004) Sec. 1.03. Words importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.04)(from Ch. 1, par. 1005) Sec. 1.04. Words importing the masculine gender may be applied to females. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.05)(from Ch. 1, par. 1006) Sec. 1.05. "Person" or "persons" as well as all words referring to or importing persons, may extend and be applied to bodies politic and corporate as well as individuals. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.06)(from Ch. 1, par. 1007) Sec. 1.06. "Person under legal disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his or her person or estate, or (b) is a person with mental illness or is a person with developmental disabilities and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose himself or herself or his or her family to want or suffering. (Source: P.A. 88‑380.)
(5 ILCS 70/1.07)(from Ch. 1, par. 1008) Sec. 1.07. "County board" means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.08)(from Ch. 1, par. 1009) Sec. 1.08. "Sheriff," "coroner," "clerk," or other words used for an executive or ministerial officer may include any deputy or other person performing the duties of such officer, either generally or in special cases. (Source: Laws 1965, p. 373.)
(5 ILCS 70/1.09)(from Ch. 1, par. 1010) Sec. 1.09. Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.10)(from Ch. 1, par. 1011) Sec. 1.10. "Month" means a calendar month, and the word "year," a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord." (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.11)(from Ch. 1, par. 1012) Sec. 1.11. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded. (Source: Laws 1968, p. 155.)
(5 ILCS 70/1.12)(from Ch. 1, par. 1013) Sec. 1.12. The word "oath" shall be deemed to include an affirmation, and the word "sworn" shall be construed to include the word "affirmed." (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.13)(from Ch. 1, par. 1014) Sec. 1.13. "Wills" includes codicils. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.14)(from Ch. 1, par. 1015) Sec. 1.14. "State," when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.15)(from Ch. 1, par. 1016) Sec. 1.15. "Written" and "in writing" may include printing, electronic, and any other mode of representing words and letters; but when the written signature of any person is required by law on any official or public writing or bond, required by law, it shall be (1) the proper handwriting of such person or, in case he is unable to write, his proper mark or (2) an electronic signature as defined in the Electronic Commerce Security Act, except as otherwise provided by law. (Source: P.A. 90‑759, eff. 7‑1‑99.)
(5 ILCS 70/1.16)(from Ch. 1, par. 1017) Sec. 1.16. "Highway," "road," or "street" may include any road laid out by authority of the United States, or of this State, or of any town or county of this State, and all bridges upon the same. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.17)(from Ch. 1, par. 1018) Sec. 1.17. "Heretofore" means any time previous to the day on which the statute takes effect; and the word "hereafter," at any time after such day. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.18)(from Ch. 1, par. 1019) Sec. 1.18. "Laws now in force," and words of similar import, mean the laws in force at the time the Act containing the words shall take effect. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.20)(from Ch. 1, par. 1021) Sec. 1.20. "General superintendent of police," "secretary of the general superintendent of police," "assistant general superintendent of police," "first deputy superintendent of police," "chief of police," "assistant chief of police," "city marshal," "assistant city marshal," "deputy city marshal," "chief of detectives," "assistant chief of detectives," and all "captains," "lieutenants," "detective sergeants," "second‑class sergeants," "sergeants," "inspector of police," "detectives," "patrolmen," "operators" and "civilian" or "plain clothes policemen" and "assistant identification inspector," mean "policemen employed and in the service of a municipality," and the term "police force," shall be construed to include such persons in the employ of a municipality as members of the department of police, who are or shall hereafter be appointed and sworn as policemen. (Source: Laws 1945, p. 1717.)
(5 ILCS 70/1.22)(from Ch. 1, par. 1023) Sec. 1.22. "Other civil cases" and "ordinary civil cases" or any equivalent expression, when used with reference to practice, procedure, or appeal, shall be deemed to refer to cases under the Civil Practice Law, and all existing and future amendments thereto and modifications thereof, and the Supreme Court Rules as now or hereafter adopted. (Source: P.A. 82‑783.)
(5 ILCS 70/1.23)(from Ch. 1, par. 1024) Sec. 1.23. The "General Revenue Law of Illinois", or any equivalent expression, when used with reference to revenue, shall be deemed to refer to the Property Tax Code and all existing and future amendments thereto and modifications thereof, and all rules now or hereafter adopted pursuant thereto. (Source: P.A. 88‑670, eff. 12‑2‑94.)
(5 ILCS 70/1.24)(from Ch. 1, par. 1025) Sec. 1.24. The word "decree" is synonymous with the word "judgment". (Source: Laws 1963, p. 2710.)
(5 ILCS 70/1.25)(from Ch. 1, par. 1026) Sec. 1.25. Unless An Act otherwise specifically provides, any writing of any kind or description required or authorized to be filed with, and any payment of any kind or description required or authorized to be paid to, the State or any political subdivision thereof, by the laws of this State: (1) if transmitted through the United States mail, shall be deemed filed with or received by the State or political subdivision on the date shown by the post office cancellation mark stamped upon the envelope or other wrapper containing it; (2) if mailed but not received by the State or political subdivision, or if received but without a cancellation mark or with the cancellation mark illegible or erroneous, shall be deemed filed with or received by the State or political subdivision to which it was required or authorized to be directed on the date it was mailed, but only if the sender establishes by competent evidence that the writing or payment was deposited, properly addressed, in the United States mail on or before the date on which it was required or authorized to be filed or was due. In cases in which the writing or payment was mailed but not received, the sender must also file with, or pay to, the State or political subdivision to which the writing or payment was required or authorized to be directed, a duplicate writing or payment within 30 days after written notification is given to the person claiming to have sent the writing or payment, by the State or political subdivision to which the writing or payment was required or authorized to be sent, of its non‑receipt of the writing or payment. If a writing or payment is sent by United States registered mail, certified mail or certificate of mailing, a record authenticated by the United States Post Office of such registration, certification or certificate shall be considered competent evidence that the writing or payment was mailed. The date of registration, certification or certificate shall be deemed the postmarked date. (Source: P. A. 76‑1111.)
(5 ILCS 70/1.26)(from Ch. 1, par. 1027) Sec. 1.26. "Circuit clerk" means clerk of the circuit court. (Source: P. A. 76‑2300.)
(5 ILCS 70/1.27)(from Ch. 1, par. 1028) Sec. 1.27. "Municipalities" has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.28)(from Ch. 1, par. 1029) Sec. 1.28. "Units of local government" has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.29)(from Ch. 1, par. 1030) Sec. 1.29. "Special districts" has the meaning ascribed to that term in Article VII of the Constitution of the State of Illinois of 1970. (Source: P. A. 78‑354.)
(5 ILCS 70/1.30)(from Ch. 1, par. 1031) Sec. 1.30. "Town trustees" means the members of the township board required by Section 80‑5 of the Township Code. (Source: P.A. 88‑670, eff. 12‑2‑94.)
(5 ILCS 70/1.31)(from Ch. 1, par. 1032) Sec. 1.31. If any provision of an Act enacted after the effective date of this amendatory Act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid application or provision, and to this end the provisions of each Act enacted after the effective date of this amendatory Act are severable, unless otherwise provided by the Act. (Source: P.A. 79‑1178; 79‑1454.)
(5 ILCS 70/1.32)(from Ch. 1, par. 1033) Sec. 1.32. "Surviving spouse" means "widow" or "widower", as the case may be. (Source: P.A. 80‑356.)
(5 ILCS 70/1.33)(from Ch. 1, par. 1034) Sec. 1.33. Whenever there is a reference in any Act to the Capital Development Bond Act of 1972, Transportation Bond Act, School Construction Bond Act, Anti‑Pollution Bond Act or the Illinois Coal and Energy Development Bond Act, such reference shall be interpreted to include the General Obligation Bond Act. (Source: P.A. 83‑1490.)
(5 ILCS 70/1.34)(from Ch. 1, par. 1035) Sec. 1.34. This Section applies to citations in one Act to another Act or to the general law on a subject, whether or not the citation also contains a modifying phrase such as "as amended", "as now or hereafter amended", "in effect from time to time", or a similar phrase. A citation to another Act or to the general law on a subject refers to that other Act or general law in effect from time to time. Initially, the citation refers to that other Act or general law in effect at the time the new or amendatory Act containing the citation becomes law. At any time thereafter, the citation refers to that other Act or general law as amended or otherwise modified up to that time. (Source: P.A. 86‑451.)
(5 ILCS 70/1.35) Sec. 1.35. Paralegal. "Paralegal" means a person who is qualified through education, training, or work experience and is employed by a lawyer, law office, governmental agency, or other entity to work under the direction of an attorney in a capacity that involves the performance of substantive legal work that usually requires a sufficient knowledge of legal concepts and would be performed by the attorney in the absence of the paralegal. A reference in an Act to attorney fees includes paralegal fees, recoverable at market rates. (Source: P.A. 89‑123, eff. 1‑1‑96.)
(5 ILCS 70/1.36) Sec. 1.36. Born alive infant. (a) In determining the meaning of any statute or of any rule, regulation, or interpretation of the various administrative agencies of this State, the words "person", "human being", "child", and "individual" shall include every infant member of the species homo sapiens who is born alive at any stage of development. (b) As used in this Section, the term "born alive", with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. (c) Nothing in this Section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive, as defined in this Section. (d) Nothing in this Section shall be construed to affect existing federal or State law regarding abortion. (e) Nothing in this Section shall be construed to alter generally accepted medical standards. (Source: P.A. 94‑559, eff. 1‑1‑06.)
(5 ILCS 70/2)(from Ch. 1, par. 1101) Sec. 2. The provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a continuation of such prior provisions, and not as a new enactment. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/3)(from Ch. 1, par. 1102) Sec. 3. No act or part of an act repealed by the General Assembly shall be deemed to be revived by the repeal of the repealing act. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/4)(from Ch. 1, par. 1103) Sec. 4. No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued, or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new law takes effect, save only that the proceedings thereafter shall conform, so far as practicable, to the laws in force at the time of such proceeding. If any penalty, forfeiture or punishment be mitigated by any provisions of a new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect. This section shall extend to all repeals, either by express words or by implication, whether the repeal is in the act making any new provision upon the same subject or in any other act. (Source: R.S. 1874, p. 1011.)
(5 ILCS 70/5)(from Ch. 1, par. 1104) Sec. 5. In construing an amendatory Act printed in any volume of the session laws published after January 1, 1969, matter printed in italics shall be construed as new matter added by the amendatory Act, and matter shown crossed with a line shall be construed as matter deleted from the law by the amendatory Act. (Source: Laws 1967, p. 1405.)
(5 ILCS 70/6)(from Ch. 1, par. 1105) Sec. 6. Two or more Acts which relate to same subject matter and which are enacted by the same General Assembly shall be construed together in such manner as to give full effect to each Act except in case of an irreconcilable conflict. In case of an irreconcilable conflict the Act last acted upon by the General Assembly is controlling to the extent of such conflict. The Act last acted upon is determined by reference to the final legislative action taken by either house of the General Assembly, whether such final action is passage on third reading in the second house, concurring in or receding from an amendment, adoption of a conference committee report, acceptance of the Governor's specific recommendations for change, or passage over the Governor's veto. However, for the purpose of determining the effective date of laws under Section 10 of Article IV of the Constitution of 1970 and "An Act in relation to the effective date of laws", approved July 2, 1971, a bill is "passed" at the time of its final legislative action before presentation to the Governor as provided in paragraph (a) of Section 9 of Article IV of the Constitution of 1970. An irreconcilable conflict between 2 or more Acts which amend the same section of an Act exists only if the amendatory Acts make inconsistent changes in the section as it theretofore existed. The rules of construction provided for in this section are applicable to Acts enacted by the same General Assembly throughout the 2 year period of its existence. (Source: P. A. 78‑255.)
