Full Text of SB3439 97th General Assembly
SB3439 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3439 Introduced 2/7/2012, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/2-622 | from Ch. 110, par. 2-622 | 735 ILCS 5/2-1303 | from Ch. 110, par. 2-1303 | 735 ILCS 5/2-1704.5 | | 735 ILCS 5/8-1901 | from Ch. 110, par. 8-1901 | 735 ILCS 5/8-2501 | from Ch. 110, par. 8-2501 | 745 ILCS 49/30 | |
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Amends the Code of Civil Procedure and the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional. Includes explanatory and validation provisions. Makes changes relating to the reenactment. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments; and to delay the accrual of interest in certain cases where a federal Medicare lien may exist against the judgment. Includes an inseverability provision. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Findings; purpose; text and revisory changes; | 5 | | validation; additional material. | 6 | | (a) The Illinois Supreme Court, in Lebron v. Gottlieb | 7 | | Memorial Hospital , found that the limitations on noneconomic | 8 | | damages in medical malpractice actions that were created in | 9 | | Public Act 94-677, contained in Section 2-1706.5 of the Code of | 10 | | Civil Procedure, violate the separation of powers clause of the | 11 | | Illinois Constitution. Because Public Act 94-677 contained an | 12 | | inseverability provision, the Court held the Act to be void in | 13 | | its entirety. The Court emphasized, however, that "because the | 14 | | other provisions contained in Public Act 94-677 are deemed | 15 | | invalid solely on inseverability grounds, the legislature | 16 | | remains free to reenact any provisions it deems appropriate". | 17 | | (b) It is the purpose of this Act to reenact certain | 18 | | provisions of Public Act 94-677 that did not involve | 19 | | limitations on noneconomic damages in medical malpractice | 20 | | actions and to validate certain actions taken in reliance on | 21 | | those provisions. | 22 | | (c) This Act reenacts (i) Sections 2-622, 2-1704.5, 8-1901, | 23 | | and 8-2501 of the Code of Civil Procedure and (ii) Section 30 | 24 | | of the Good Samaritan Act. In those Sections, certain effective |
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| 1 | | date references and applicability provisions have been changed | 2 | | to reflect the reenactment. This Act does not reenact any other | 3 | | provisions of Public Act 94-677. | 4 | | (d) In this Act, the base text of the reenacted Sections is | 5 | | set forth as it existed at the time of the Supreme Court's | 6 | | decision, including any amendments that occurred after P.A. | 7 | | 94-677. Striking and underscoring is used only to show the | 8 | | changes being made to that base text. | 9 | | (e) All otherwise lawful actions taken in reasonable | 10 | | reliance on or pursuant
to the Sections reenacted by this Act, | 11 | | as set forth in Public Act 94-677 or
subsequently amended, by | 12 | | any officer, employee, agency, or unit of State or
local | 13 | | government or by any other person or entity, are hereby | 14 | | validated. | 15 | | With respect to actions taken in relation to matters | 16 | | arising under the
Sections reenacted by this Act, a person is | 17 | | rebuttably presumed to have acted in
reasonable reliance on and | 18 | | pursuant to the provisions of Public Act 94-677,
as those | 19 | | provisions had been amended at the time the action was taken. | 20 | | With respect to their administration of matters arising | 21 | | under the
Sections reenacted by this Act, officers, employees, | 22 | | agencies, and units of State and local government shall | 23 | | continue to
apply the provisions of Public Act 94-677, as those | 24 | | provisions had been
amended at the relevant time. | 25 | | (f) This Act also contains material making new substantive | 26 | | changes. It amends Sections 2-1303 and 8-2006 of the Code of |
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| 1 | | Civil Procedure to lower the rate of interest payable on | 2 | | judgments; to provide for annual indexing of those rates; and | 3 | | to delay the accrual of interest in certain cases where a | 4 | | federal Medicare lien may exist against the judgment. | 5 | | Section 5. The Code of Civil Procedure is amended by | 6 | | reenacting and changing Sections 2-622, 2-1704.5, 8-1901, and | 7 | | 8-2501 and by changing Sections 2-1303 and 8-2006 as follows:
| 8 | | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
| 9 | | Sec. 2-622. Healing art malpractice.
| 10 | | (a) In any action, whether in
tort, contract or otherwise, | 11 | | in which the plaintiff seeks damages for
injuries or death by | 12 | | reason of medical, hospital, or other healing art
malpractice, | 13 | | the plaintiff's attorney or the plaintiff, if the plaintiff is
| 14 | | proceeding pro se, shall file an affidavit, attached to the | 15 | | original and
all copies of the complaint, declaring one of the | 16 | | following:
| 17 | | 1. That the affiant has consulted and reviewed the | 18 | | facts of the case
with a health professional who the | 19 | | affiant reasonably believes: (i) is
knowledgeable in the | 20 | | relevant issues involved in the particular action;
(ii) | 21 | | practices or has practiced within the last 5 years or | 22 | | teaches or
has taught within the last 5 years in the same | 23 | | area of health care or
medicine that is at issue in the | 24 | | particular action; and (iii) meets the expert witness |
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| 1 | | standards set forth in paragraphs (a) through (d) of | 2 | | Section 8-2501; that
the reviewing health professional has | 3 | | determined in a
written report, after a review of the | 4 | | medical record and other relevant
material involved in the | 5 | | particular action that there is a reasonable and
| 6 | | meritorious cause for the filing of such action; and that | 7 | | the affiant has
concluded on the basis of the reviewing | 8 | | health professional's review and
consultation that there | 9 | | is a reasonable and meritorious cause for filing of
such | 10 | | action. A single written report must be filed to cover each | 11 | | defendant in the action. As to defendants who are | 12 | | individuals, the written report must be from a health | 13 | | professional
licensed in the same profession, with the same | 14 | | class of license, as the
defendant. For written reports | 15 | | filed as to all other defendants, who are not individuals, | 16 | | the written
report must be from a physician licensed to | 17 | | practice medicine in all its
branches who is qualified by | 18 | | experience with the standard of care, methods, procedures | 19 | | and treatments relevant to the allegations at issue in the | 20 | | case. In either event, the written report must identify the | 21 | | profession of
the reviewing health professional. A copy of | 22 | | the written report, clearly
identifying the plaintiff and | 23 | | the reasons for the reviewing health
professional's | 24 | | determination that a reasonable and meritorious cause for
| 25 | | the filing of the action exists, including the reviewing | 26 | | health care professional's name, address, current license |
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| 1 | | number, and state of licensure, must be attached to the | 2 | | affidavit.
Information regarding the preparation of a | 3 | | written report by the reviewing health professional shall | 4 | | not be used to discriminate against that professional in | 5 | | the issuance of medical liability insurance or in the | 6 | | setting of that professional's medical liability insurance | 7 | | premium. No professional organization may discriminate | 8 | | against a reviewing health professional on the basis that | 9 | | the reviewing health professional has prepared a written | 10 | | report.
| 11 | | 2.
That the affiant was unable to obtain a consultation | 12 | | required by
paragraph 1 because a statute of limitations | 13 | | would impair the action and
the consultation required could | 14 | | not be obtained before the expiration of
the statute of | 15 | | limitations. If an affidavit is executed pursuant to this
| 16 | | paragraph, the affidavit and written report required by | 17 | | paragraph 1 shall
be filed within 90 days after the filing | 18 | | of the complaint. No additional 90-day extensions pursuant | 19 | | to this paragraph shall be granted, except where there has | 20 | | been a withdrawal of the plaintiff's counsel. The defendant
| 21 | | shall be excused from answering or otherwise pleading until | 22 | | 30 days after
being served with an affidavit and a report
| 23 | | required by paragraph 1.
| 24 | | 3.
That a request has been made by the plaintiff or his | 25 | | attorney for
examination and copying of records pursuant to | 26 | | Part 20 of Article VIII of
this Code and the party required |
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| 1 | | to comply under those Sections has failed
to produce such | 2 | | records within 60 days of the receipt of the request. If an
| 3 | | affidavit is executed pursuant to this paragraph, the | 4 | | affidavit and
written report required by paragraph 1 shall | 5 | | be filed within 90 days
following receipt of the requested | 6 | | records. All defendants except those
whose failure to | 7 | | comply with Part 20 of Article VIII of this Code is the
| 8 | | basis for an affidavit under this paragraph shall be | 9 | | excused from answering
or otherwise pleading until 30 days | 10 | | after being served with the affidavit and report
required | 11 | | by paragraph 1.
| 12 | | (b)
Where an affidavit and written report are required | 13 | | pursuant to this
Section a separate affidavit and written | 14 | | report shall be filed as to each
defendant who has been named | 15 | | in the complaint and shall be filed as to each
defendant named | 16 | | at a later time.
| 17 | | (c)
Where the plaintiff intends to rely on the doctrine of | 18 | | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | 19 | | the affidavit and
written report must state that, in the | 20 | | opinion of the reviewing health
professional, negligence has | 21 | | occurred in the course of medical treatment.
The affiant shall | 22 | | certify upon filing of the complaint that he is relying
on the | 23 | | doctrine of "res ipsa loquitur".
| 24 | | (d)
When the attorney intends to rely on the doctrine of | 25 | | failure to
inform of the consequences of the procedure, the | 26 | | attorney shall certify
upon the filing of the complaint that |
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| 1 | | the reviewing health professional
has, after reviewing the | 2 | | medical record and other relevant materials involved
in the | 3 | | particular action, concluded that a reasonable health | 4 | | professional
would have informed the patient of the | 5 | | consequences of the procedure.
| 6 | | (e)
Allegations and denials in the affidavit, made without | 7 | | reasonable
cause and found to be untrue, shall subject the | 8 | | party pleading them or his
attorney, or both, to the payment of | 9 | | reasonable expenses, actually incurred
by the other party by | 10 | | reason of the untrue pleading, together with
reasonable | 11 | | attorneys' fees to be summarily taxed by the court upon motion
| 12 | | made within 30 days of the judgment or dismissal. In no event | 13 | | shall the
award for attorneys' fees and expenses exceed those | 14 | | actually paid by the
moving party, including the insurer, if | 15 | | any. In proceedings under this
paragraph (e), the moving party | 16 | | shall have the right to depose and examine
any and all | 17 | | reviewing health professionals who prepared reports used in
| 18 | | conjunction with an affidavit required by this Section. | 19 | | (f)
A reviewing health professional who in good faith | 20 | | prepares a report
used in conjunction with an affidavit | 21 | | required by this Section shall have
civil immunity from | 22 | | liability which otherwise might result from the
preparation of | 23 | | such report.
| 24 | | (g)
The failure of the plaintiff to file an affidavit and | 25 | | report in compliance with
this Section shall be
grounds for | 26 | | dismissal
under Section 2-619.
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| 1 | | (h) This Section does not apply to or affect any actions | 2 | | pending
at the time of its effective date, but applies to cases | 3 | | filed on or
after its effective date.
| 4 | | (i) This amendatory Act of 1997 does not apply to or affect | 5 | | any actions
pending at the time of its effective date, but | 6 | | applies to cases filed on or
after its effective date.
| 7 | | (j) The changes to this Section made by Public Act 94-677 | 8 | | and reenacted by this amendatory Act of the 97th 94th General | 9 | | Assembly apply to causes of action
accruing on or after August | 10 | | 25, 2005, as those changes may be amended from time to time its | 11 | | effective date .
| 12 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 13 | | (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
| 14 | | Sec. 2-1303. Interest on judgment. | 15 | | (a) Judgments recovered in
any court shall draw interest at | 16 | | the rate that is equal to the rate at issuance on the 10-year | 17 | | United States Treasury Notes most recently issued prior to of | 18 | | 9% per annum from the date
of the judgment until satisfied or | 19 | | 1% 6% per annum when the judgment debtor is a unit
of local | 20 | | government, as defined in Section 1 of Article VII of the | 21 | | Constitution,
a school district, a community college district, | 22 | | or any other governmental
entity. When judgment is entered upon | 23 | | any award, report or verdict, interest
shall be computed at the | 24 | | above rate, from the time when made or rendered
to the time of | 25 | | entering judgment upon the same, and included in the judgment , |
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| 1 | | except as provided in subsection (b) of this Section .
Interest | 2 | | shall be computed and charged only on the unsatisfied portion | 3 | | of
the judgment as it exists from time to time. The judgment | 4 | | debtor may by
tender of payment of judgment, costs and interest
| 5 | | accrued to the date of tender, stop the further accrual of | 6 | | interest on such
judgment notwithstanding the prosecution of an | 7 | | appeal, or other steps to
reverse, vacate or modify the | 8 | | judgment.
| 9 | | (b) In cases where a federal Medicare lien may exist | 10 | | against the judgment, this statutory interest shall be computed | 11 | | from the day after the federal Medicare program provides | 12 | | confirmation of any lien against the judgment. | 13 | | (Source: P.A. 85-907.)
| 14 | | (735 ILCS 5/2-1704.5)
| 15 | | Sec. 2-1704.5. Guaranteed payment of future medical | 16 | | expenses and costs of life care. | 17 | | (a) At any time, but no later than 5 days after a verdict | 18 | | in the plaintiff's favor for a plaintiff's future medical | 19 | | expenses and costs of life care is reached, either party in a | 20 | | medical malpractice action may elect, or the court may enter an | 21 | | order, to have the payment of the plaintiff's future medical | 22 | | expenses and costs of life care made under this Section. | 23 | | (b) In all cases in which a defendant in a medical | 24 | | malpractice action is found liable for the plaintiff's future | 25 | | medical expenses and costs of care, the trier of fact shall |
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| 1 | | make the following findings based on evidence presented at | 2 | | trial: | 3 | | (1) the present cash value of the plaintiff's future | 4 | | medical expenses and costs of life care; | 5 | | (2) the current year annual cost of the plaintiff's | 6 | | future medical expenses and costs of life care; and | 7 | | (3) the annual composite rate of inflation that should | 8 | | be applied to the costs specified in item (2). | 9 | | Based upon evidence presented at trial, the trier of fact | 10 | | may also vary the amount of future costs under this Section | 11 | | from year to year to account for different annual expenditures, | 12 | | including the immediate medical and life care needs of the | 13 | | plaintiff. The jury shall not be informed of an election to pay | 14 | | for future medical expenses and costs of life care by | 15 | | purchasing an annuity.
| 16 | | (c) When an election is made to pay for future medical | 17 | | expenses and costs of life care by purchasing an annuity, the | 18 | | court shall enter a judgment ordering that the defendant pay | 19 | | the plaintiff an amount equal to 20% of the present cash value | 20 | | of future medical expenses and cost of life care determined | 21 | | under subsection (b)(1) of this Section and ordering that the | 22 | | remaining future expenses and costs be paid by the purchase of | 23 | | an annuity by or on behalf of the defendant from a company that | 24 | | has itself, or is irrevocably supported financially by a | 25 | | company that has, at least 2 of the following 4 ratings: "A+ X" | 26 | | or higher from A.M. Best Company; "AA-" or higher from Standard & |
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| 1 | | Poor's; "Aa3" or higher from Moody's; and "AA-" or higher | 2 | | from Fitch. The annuity must guarantee that the plaintiff will | 3 | | receive annual payments equal to 80% of the amount determined | 4 | | in subsection (b)(2) inflated by the rate determined in | 5 | | subsection (b)(3) for the life of the plaintiff. | 6 | | (d) If the company providing the annuity becomes unable to | 7 | | pay amounts required by the annuity, the defendant shall secure | 8 | | a replacement annuity for the remainder of the plaintiff's life | 9 | | from a company that satisfies the requirements of subsection | 10 | | (c). | 11 | | (e) A plaintiff receiving future payments by means of an | 12 | | annuity under this Section may seek leave of court to assign or | 13 | | otherwise transfer the right to receive such payments in | 14 | | exchange for a negotiated lump sum value of the remaining | 15 | | future payments or any portion of the remaining future payments | 16 | | under the annuity to address an unanticipated financial | 17 | | hardship under such terms as approved by the court. | 18 | | (f) This Section applies to all causes of action accruing | 19 | | on or after August 25, 2005 the effective date of this | 20 | | amendatory Act of the 94th General Assembly .
| 21 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 22 | | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| 23 | | Sec. 8-1901. Admission of liability - Effect. | 24 | | (a) The providing of, or payment
for, medical, surgical,
| 25 | | hospital, or rehabilitation services, facilities, or equipment |
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| 1 | | by or on
behalf of any person, or the offer to provide, or pay | 2 | | for, any one or
more of the foregoing, shall not be construed | 3 | | as an admission of any
liability by such person or persons. | 4 | | Testimony, writings, records,
reports or information with | 5 | | respect to the foregoing shall not be
admissible in evidence as | 6 | | an admission of any liability in any action of
any kind in any | 7 | | court or before any commission, administrative agency,
or other | 8 | | tribunal in this State, except at the instance of the person or
| 9 | | persons so making any such provision, payment or offer.
| 10 | | (b) Any expression of grief, apology, or explanation | 11 | | provided by a health care provider, including, but not limited | 12 | | to, a statement that the health care provider is "sorry" for | 13 | | the outcome to a patient, the patient's family, or the | 14 | | patient's legal representative about an inadequate or | 15 | | unanticipated treatment or care outcome that is provided within | 16 | | 72 hours of when the provider knew or should have known of the | 17 | | potential cause of such outcome shall not be admissible as | 18 | | evidence in any action of any kind in any court or before any | 19 | | tribunal, board, agency, or person. The disclosure of any such | 20 | | information, whether proper, or improper, shall not waive or | 21 | | have any effect upon its confidentiality or inadmissibility. As | 22 | | used in this Section, a "health care provider" is any hospital, | 23 | | nursing home or other facility, or employee or agent thereof, a | 24 | | physician, or other licensed health care professional. Nothing | 25 | | in this Section precludes the discovery or admissibility of any | 26 | | other facts regarding the patient's treatment or outcome as |
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| 1 | | otherwise permitted by law.
| 2 | | (c) The changes to this Section made by Public Act 94-677 | 3 | | and reenacted by this amendatory Act of the 97th 94th General | 4 | | Assembly apply to causes of action accruing on or after August | 5 | | 25, 2005, as those changes may be amended from time to time its | 6 | | effective date . | 7 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 8 | | (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
| 9 | | Sec. 8-2501. Expert Witness Standards. In any case in which | 10 | | the standard of
care applicable to a medical professional is at | 11 | | issue, the court shall apply the
following standards to | 12 | | determine if a witness qualifies as an expert witness
and can | 13 | | testify on the issue of the appropriate standard of care.
| 14 | | (a) Whether the witness is board certified or board | 15 | | eligible, or has completed a residency, in the same or | 16 | | substantially similar medical specialties as the defendant and | 17 | | is otherwise qualified by significant experience with the | 18 | | standard of care, methods, procedures, and treatments relevant | 19 | | to the allegations against the defendant;
| 20 | | (b) Whether the witness has devoted
a majority of his or | 21 | | her
work time to the practice of medicine, teaching or | 22 | | University based research
in relation to the medical care and | 23 | | type of treatment at issue which gave
rise to the medical | 24 | | problem of which the plaintiff complains;
| 25 | | (c)
whether the witness is licensed
in the same profession |
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| 1 | | with the same class of license as the defendant if the | 2 | | defendant is an individual; and
| 3 | | (d) whether, in the case against a nonspecialist, the | 4 | | witness can
demonstrate a sufficient familiarity with the | 5 | | standard of care practiced in
this State.
| 6 | | An expert shall provide evidence of active practice, | 7 | | teaching, or engaging in university-based research. If | 8 | | retired, an expert must provide evidence of attendance and | 9 | | completion of continuing education courses for 3 years previous | 10 | | to giving testimony. An expert who has not actively practiced, | 11 | | taught, or been engaged in university-based research, or any | 12 | | combination thereof, during the preceding 5 years may not be | 13 | | qualified as an expert witness.
| 14 | | The changes to this Section made by Public Act 94-677 and | 15 | | reenacted by this amendatory Act of the 97th 94th General | 16 | | Assembly apply to causes of action accruing on or after August | 17 | | 25, 2005, as those changes may be amended from time to time its | 18 | | effective date .
| 19 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 20 | | Section 10. The Good Samaritan Act is amended by reenacting | 21 | | and changing Section 30 as follows:
| 22 | | (745 ILCS 49/30)
| 23 | | Sec. 30. Free medical clinic; exemption from civil | 24 | | liability for services
performed without compensation. |
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| 1 | | (a) A person licensed under the Medical Practice Act of | 2 | | 1987, a person
licensed to practice the treatment of human | 3 | | ailments in any
other state or territory of the United States, | 4 | | or a health care professional,
including but not limited to an | 5 | | advanced practice nurse, retired physician, physician
| 6 | | assistant, nurse, pharmacist, physical therapist, podiatrist, | 7 | | or social worker
licensed in this State or any other state or | 8 | | territory of the United States,
who, in good faith, provides | 9 | | medical treatment,
diagnosis, or advice as a part of the | 10 | | services of an
established free medical clinic providing care, | 11 | | including but not limited to home visits, without charge to | 12 | | patients
which is limited to care that does not require the | 13 | | services of a
licensed hospital or ambulatory surgical | 14 | | treatment center and who receives
no fee or compensation from | 15 | | that source shall not be liable for civil
damages as a result | 16 | | of his or her acts or omissions in
providing that medical | 17 | | treatment, except for willful or wanton misconduct.
| 18 | | (b) For purposes of this Section, a "free medical clinic" | 19 | | is an
organized community based program providing medical care | 20 | | without
charge to individuals, at which the
care provided does | 21 | | not include an overnight stay in a health-care facility.
| 22 | | (c) The provisions of subsection (a) of this Section do not | 23 | | apply to a
particular case unless the free medical
clinic has | 24 | | posted in a conspicuous place on its premises an explanation of | 25 | | the
exemption from civil liability provided herein.
| 26 | | (d) The immunity from civil damages provided under |
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| 1 | | subsection (a) also
applies to physicians, retired physicians,
| 2 | | hospitals, and other health care providers that provide
further | 3 | | medical treatment, diagnosis, or advice, including but not | 4 | | limited to hospitalization, office visits, and home visits, to | 5 | | a patient upon referral from
an established free medical clinic | 6 | | without fee or compensation.
| 7 | | (d-5) A free medical clinic may receive reimbursement from | 8 | | the Illinois
Department of Public Aid, provided any | 9 | | reimbursements shall be used only to pay
overhead expenses of | 10 | | operating the free medical clinic and may not be used, in
whole | 11 | | or in
part, to provide a fee or other compensation to any | 12 | | person licensed under the
Medical
Practice Act of 1987 or any | 13 | | other health care professional
who is receiving an exemption | 14 | | under this Section. Any health care professional receiving an | 15 | | exemption under this Section may not receive any fee or other | 16 | | compensation in connection with any services provided to, or | 17 | | any ownership interest in, the clinic. Medical care shall
not | 18 | | include
an overnight stay in a health care
facility. | 19 | | (e) Nothing in this Section prohibits a free medical clinic | 20 | | from accepting
voluntary contributions for medical services | 21 | | provided to a patient who has
acknowledged his or her ability | 22 | | and willingness to pay a portion of the value
of the medical | 23 | | services provided.
| 24 | | (f) Any voluntary contribution collected for providing | 25 | | care at a free medical
clinic shall be used only to pay | 26 | | overhead expenses of operating the clinic. No
portion of any |
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| 1 | | moneys collected shall be used to provide a fee or other
| 2 | | compensation to any person licensed under Medical Practice Act | 3 | | of 1987.
| 4 | | (g) The changes to this Section made by Public Act 94-677 | 5 | | and reenacted by this amendatory Act of the 97th 94th General | 6 | | Assembly apply to causes of action
accruing on or after August | 7 | | 25, 2005, as those changes may be amended from time to time its | 8 | | effective date .
| 9 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 10 | | Section 97. Inseverability. The provisions of this Act are
| 11 | | mutually dependent and inseverable. If any provision is held
| 12 | | invalid, then this entire Act, including all new and amendatory
| 13 | | provisions, is invalid.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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