Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS105 ILCS 5/27-23.7
(105 ILCS 5/) School Code.
(105 ILCS 5/27-23.7)
(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students' ability to learn and participate in school activities. The General Assembly further finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence. Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic is prohibited in all school districts, charter schools, and non-public, non-sectarian elementary and secondary schools.
No student shall be subjected to bullying:
(1) during any school-sponsored education program or
(2) while in school, on school property, on school
buses or other school vehicles, at designated school bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities;
(3) through the transmission of information from a
school computer, a school computer network, or other similar electronic school equipment; or
(4) through the transmission of information from a
computer that is accessed at a nonschool-related location, activity, function, or program or from the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying causes a substantial disruption to the educational process or orderly operation of a school. This item (4) applies only in cases in which a school administrator or teacher receives a report that bullying through this means has occurred and does not require a district or school to staff or monitor any nonschool-related activity, function, or program.
(a-5) Nothing in this Section is intended to infringe upon any right to exercise free expression or the free exercise of religion or religiously based views protected under the First Amendment to the United States Constitution or under Section 3 of Article I of the Illinois Constitution.
(b) In this Section:
"Bullying" includes "cyber-bullying" and means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable
fear of harm to the student's or students' person or property;
(2) causing a substantially detrimental effect on the
student's or students' physical or mental health;
(3) substantially interfering with the student's or
students' academic performance; or
(4) substantially interfering with the student's or
students' ability to participate in or benefit from the services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take various forms, including without limitation one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive.
"Cyber-bullying" means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications. "Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section. "Cyber-bullying" also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying in this Section.
"Policy on bullying" means a bullying prevention policy that meets the following criteria:
(1) Includes the bullying definition provided in this
(2) Includes a statement that bullying is contrary to
State law and the policy of the school district, charter school, or non-public, non-sectarian elementary or secondary school and is consistent with subsection (a-5) of this Section.
(3) Includes procedures for promptly reporting
bullying, including, but not limited to, identifying and providing the school e-mail address (if applicable) and school telephone number for the staff person or persons responsible for receiving such reports and a procedure for anonymous reporting; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
(4) Consistent with federal and State laws and rules
governing student privacy rights, includes procedures for promptly informing parents or guardians of all students involved in the alleged incident of bullying and discussing, as appropriate, the availability of social work services, counseling, school psychological services, other interventions, and restorative measures.
(5) Contains procedures for promptly investigating
and addressing reports of bullying, including the following:
(A) Making all reasonable efforts to complete the
investigation within 10 school days after the date the report of the incident of bullying was received and taking into consideration additional relevant information received during the course of the investigation about the reported incident of bullying.
(B) Involving appropriate school support
personnel and other staff persons with knowledge, experience, and training on bullying prevention, as deemed appropriate, in the investigation process.
(C) Notifying the principal or school
administrator or his or her designee of the report of the incident of bullying as soon as possible after the report is received.
(D) Consistent with federal and State laws and
rules governing student privacy rights, providing parents and guardians of the students who are parties to the investigation information about the investigation and an opportunity to meet with the principal or school administrator or his or her designee to discuss the investigation, the findings of the investigation, and the actions taken to address the reported incident of bullying.
(6) Includes the interventions that can be taken to
address bullying, which may include, but are not limited to, school social work services, restorative measures, social-emotional skill building, counseling, school psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or
retaliation against any person who reports an act of bullying and the consequences and appropriate remedial actions for a person who engages in reprisal or retaliation.
(8) Includes consequences and appropriate remedial
actions for a person found to have falsely accused another of bullying as a means of retaliation or as a means of bullying.
(9) Is based on the engagement of a range of school
stakeholders, including students and parents or guardians.
(10) Is posted on the school district's, charter
school's, or non-public, non-sectarian elementary or secondary school's existing Internet website, is included in the student handbook, and, where applicable, posted where other policies, rules, and standards of conduct are currently posted in the school and provided periodically throughout the school year to students and faculty, and is distributed annually to parents, guardians, students, and school personnel, including new employees when hired.
(11) As part of the process of reviewing and
re-evaluating the policy under subsection (d) of this Section, contains a policy evaluation process to assess the outcomes and effectiveness of the policy that includes, but is not limited to, factors such as the frequency of victimization; student, staff, and family observations of safety at a school; identification of areas of a school where bullying occurs; the types of bullying utilized; and bystander intervention or participation. The school district, charter school, or non-public, non-sectarian elementary or secondary school may use relevant data and information it already collects for other purposes in the policy evaluation. The information developed as a result of the policy evaluation must be made available on the Internet website of the school district, charter school, or non-public, non-sectarian elementary or secondary school. If an Internet website is not available, the information must be provided to school administrators, school board members, school personnel, parents, guardians, and students.
(12) Is consistent with the policies of the school
board, charter school, or non-public, non-sectarian elementary or secondary school.
"Restorative measures" means a continuum of school-based alternatives to exclusionary discipline, such as suspensions and expulsions, that: (i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, and (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school.
"School personnel" means persons employed by, on contract with, or who volunteer in a school district, charter school, or non-public, non-sectarian elementary or secondary school, including without limitation school and school district administrators, teachers, school guidance counselors, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards.
(d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create, maintain, and implement a policy on bullying, which policy must be filed with the State Board of Education. The policy or implementing procedure shall include a process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction and shall require that the district or school provide the victim with information regarding services that are available within the district and community, such as counseling, support services, and other programs. School personnel available for help with a bully or to make a report about bullying shall be made known to parents or legal guardians, students, and school personnel. Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a review and re-evaluation of its policy and make any necessary and appropriate revisions. The policy must be filed with the State Board of Education after being updated. The State Board of Education shall monitor and provide technical support for the implementation of policies created under this subsection (d).
(e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law.
(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
105 ILCS 5/27-23.8
(105 ILCS 5/27-23.8)
Disability history and awareness.
(a) A school district shall provide instruction on disability history, people with disabilities, and the disability rights movement. Instruction may be included in those courses that the school district chooses. This instruction must be founded on the principle that all students, including students with disabilities, have the right to exercise self-determination. When possible, individuals with disabilities should be incorporated into the development and delivery of this instruction. This instruction may be supplemented by knowledgeable guest speakers from the disability community. A school board may collaborate with community-based organizations, such as centers for independent living, parent training and information centers, and other consumer-driven groups, and disability membership organizations in creating this instruction.
(b) The State Board of Education may prepare and make available to all school boards resource materials that may be used as guidelines for the development of instruction for disability history and awareness under this Section.
(c) Each school board shall determine the minimum amount of instructional time required under this Section.
(d) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirement during his or her annual compliance visit.
(Source: P.A. 96-191, eff. 1-1-10.)
105 ILCS 5/27-23.9
(105 ILCS 5/27-23.9)
(Source: P.A. 96-952, eff. 6-28-10. Repealed internally, eff. 3-2-11.)
105 ILCS 5/27-23.10
(105 ILCS 5/27-23.10)
Gang resistance education and training.
(a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts.
(b) As used in this Section:
"Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement:
(1) conflict resolution;
(2) cultural sensitivity;
(3) personal goal setting; and
(4) resisting peer pressure.
(c) Each school district and non-public, non-sectarian elementary or secondary school in this State may make suitable provisions for instruction in gang resistance education and training in all grades and include that instruction in the courses of study regularly taught in those grades. For the purposes of gang resistance education and training, a school board or the governing body of a non-public, non-sectarian elementary or secondary school must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to gang resistance education and training.
(Source: P.A. 96-952, eff. 6-28-10.)
105 ILCS 5/27-24
(105 ILCS 5/27-24)
(from Ch. 122, par. 27-24)
Sections 27-24 through 27-24.10 of this Article are known and may be
cited as the Driver Education Act.
(Source: P.A. 98-756, eff. 7-16-14.)
105 ILCS 5/27-24.1
(105 ILCS 5/27-24.1)
(from Ch. 122, par. 27-24.1)
As used in the Driver Education Act unless the context otherwise
"State Board" means the State Board of Education;
"Driver education course" and "course" means a course of instruction
in the use and operation of cars, including instruction in the safe
operation of cars and rules of the road and the laws of this State
relating to motor vehicles, which meets the minimum requirements of this
Act and the rules and regulations issued thereunder by the
State Board and has been approved by the State
Board as meeting
"Car" means a motor vehicle of the first Division as defined in The
Illinois Vehicle Code;
"Motorcycle" or "motor driven cycle" means such a vehicle as defined
in The Illinois Vehicle Code;
"Driver's license" means any license or permit issued by the
Secretary of State under Chapter 6 of The Illinois Vehicle Code.
With reference to persons, the singular number includes the plural
and vice versa, and the masculine gender includes the feminine.
(Source: P.A. 81-1508.)
105 ILCS 5/27-24.2
(105 ILCS 5/27-24.2)
(from Ch. 122, par. 27-24.2)
Safety education; driver education course.
Instruction shall be given in safety education in each of grades one through 8, equivalent to one class period each week, and any school district which maintains
grades 9 through 12 shall offer a driver education course in any such school
which it operates. Its curriculum shall include content dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, the rules adopted pursuant to those Chapters insofar as they pertain to the operation of motor vehicles, and the portions of the Litter Control Act relating to the operation of motor vehicles. The course of instruction given in grades 10 through 12 shall include an emphasis on the development of knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles, including motorcycles insofar as they can be taught in the classroom, and instruction on distracted driving as a major traffic safety issue. In addition, the course shall include instruction on special hazards existing at and required safety and driving precautions that must be observed at emergency situations, highway construction and maintenance zones, and railroad crossings and the approaches thereto. Beginning with the 2017-2018 school year, the course shall also include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement. The course of instruction required of each eligible student at the high school level shall consist of a minimum of 30 clock hours of classroom instruction and a minimum of 6 clock hours of individual behind-the-wheel instruction in a dual control car on public roadways taught by a driver education instructor endorsed by the State Board of Education. Both the classroom instruction part and the practice driving
part of such driver education course shall be open to a resident or
non-resident student attending a non-public school in the district wherein the
course is offered. Each student attending any public or non-public high school
in the district must receive a passing grade in at least 8 courses during the
previous 2 semesters prior to enrolling in a driver education course, or the
student shall not be permitted to enroll in the course; provided that the local
superintendent of schools (with respect to a student attending a public high
school in the district) or chief school administrator (with respect to a
student attending a non-public high school in the district) may waive the
requirement if the superintendent or chief school administrator, as the case
may be, deems it to be in the best interest of the student. A student may be allowed to commence the
classroom instruction part of such driver education course prior to reaching
age 15 if such student then will be eligible to complete the entire course
within 12 months after being allowed to commence such classroom instruction.
A school district may offer a driver education course in a school by contracting with a commercial driver training school to provide both the classroom instruction part and the practice driving part or either one without having to request a modification or waiver of administrative rules of the State Board of Education if the school district approves the action during a public hearing on whether to enter into a contract with a commercial driver training school. The public hearing shall be held at a regular or special school board meeting prior to entering into such a contract. If a school district chooses to approve a contract with a commercial driver training school, then the district must provide evidence to the State Board of Education that the commercial driver training school with which it will contract holds a license issued by the Secretary of State under Article IV of Chapter 6 of the Illinois Vehicle Code and that each instructor employed by the commercial driver training school to provide instruction to students served by the school district holds a valid teaching license issued under the requirements of this Code and rules of the State Board of Education. Such evidence must include, but need not be limited to, a list of each instructor assigned to teach students served by the school district, which list shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. Once the contract is entered into, the school district shall notify the State Board of Education of any changes in the personnel providing instruction either (i) within 15 calendar days after an instructor leaves the program or (ii) before a new instructor is hired. Such notification shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. If the school district maintains an Internet website, then the district shall post a copy of the final contract between the district and the commercial driver training school on the district's Internet website. If no Internet website exists, then the school district shall make available the contract upon request. A record of all materials in relation to the contract must be maintained by the school district and made available to parents and guardians upon request. The instructor's date of birth and driver's license number and any other personally identifying information as deemed by the federal Driver's Privacy Protection Act of 1994 must be redacted from any public materials.
Such a course may be commenced immediately after the completion of a prior
course. Teachers of such courses shall meet the licensure requirements of
this Code and regulations of the State Board as to qualifications.
Subject to rules of the State Board of Education, the school district may charge a reasonable fee, not to exceed $50, to students who participate in the course, unless a student is unable to pay for such a course, in which event the fee for such a student must be waived. However, the district may increase this fee to an amount not to exceed $250 by school board resolution following a public hearing on the increase, which increased fee must be waived for students who participate in the course and are unable to pay for the course. The total amount from driver education fees and reimbursement from the State for driver education must not exceed the total cost of the driver education program in any year and must be deposited into the school district's driver education fund as a separate line item budget entry. All moneys deposited into the school district's driver education fund must be used solely for the funding of a high school driver education program approved by the State Board of Education that uses driver education instructors endorsed by the State Board of Education.
(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17; 100-465, eff. 8-31-17.)
105 ILCS 5/27-24.2a
(105 ILCS 5/27-24.2a)
Non-public school driver education course.
Beginning with the 2017-2018 school year, any non-public school's driver education course shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
(Source: P.A. 99-720, eff. 1-1-17
105 ILCS 5/27-24.3
(105 ILCS 5/27-24.3)
(from Ch. 122, par. 27-24.3)
In order for the school district to receive reimbursement from the
State as hereinafter provided, the driver education course offered in
its schools shall consist of at least 30 clock hours of classroom
instruction and, subject to modification as hereinafter allowed, at
least 6 clock hours of practice driving in a car having dual operating
controls under direct individual instruction.
(Source: P.A. 95-310, eff. 7-1-08
105 ILCS 5/27-24.4
(105 ILCS 5/27-24.4)
(from Ch. 122, par. 27-24.4)
(a) Each school district shall be entitled
to reimbursement for each student who finishes either the classroom instruction
part or the practice driving part of a
driver education course that meets the minimum requirements of this Act.
Reimbursement under this Act is payable from
the Drivers Education Fund in the State treasury.
Each year all funds appropriated from the Drivers
Education Fund to the
State Board of Education, with the exception of those funds necessary for
administrative purposes of the State Board of Education, shall be distributed
in the manner provided in this paragraph to school districts by the State Board of Education for reimbursement of
claims from the previous school year. As soon as may be after each quarter of the year, if moneys are available in the Drivers
Education Fund in the State treasury for payments under this Section, the State Comptroller shall draw his or her warrants upon the State Treasurer as directed by the State Board of Education. The warrant for each quarter shall be in an amount equal to one-fourth of the total amount to be distributed to school districts for the year. Payments shall be made to school districts as soon as may be after receipt of the warrants.
The base reimbursement amount shall be calculated by the State Board by
dividing the total amount appropriated for distribution by the total of:
(a) the number of students who have completed the classroom instruction
part for whom valid claims have been made times 0.2; plus (b) the number
of students who have
completed the practice driving instruction part for whom valid claims have
been made times 0.8.
The amount of reimbursement to be distributed on each claim shall be 0.2
times the base reimbursement amount for each validly claimed student who
has completed the classroom instruction part, plus 0.8 times the base reimbursement
amount for each validly claimed student who has completed the practice driving
(b) The school district which is the residence of
a student who attends a nonpublic school in another district that has furnished the driver
education course shall reimburse the district offering the course, the
difference between the actual per capita cost of giving the course the
previous school year and the amount reimbursed by the State, which, for purposes of this subsection (b), shall be referred to as "course cost". If the course cost offered by the student's resident district is less than the course cost of the course in the district where the nonpublic school is located, then the student is responsible for paying the district that furnished the course the difference between the 2 amounts. If a nonpublic school student chooses to attend a driver's education course in a school district besides the district where the nonpublic school is located, then the student is wholly responsible for the course cost; however, the nonpublic school student may take the course in his or her resident district on the same basis as public school students who are enrolled in that district.
By April 1 the
nonpublic school shall notify the district offering the course of the
names and district numbers of the nonresident students desiring to take
such course the next school year. The district offering such course shall
notify the district of residence of those students affected by April 15.
The school district furnishing the course may claim the nonresident student
for the purpose of making a claim for State reimbursement under this Act.
(Source: P.A. 96-734, eff. 8-25-09; 97-1025, eff. 1-1-13.)
105 ILCS 5/27-24.5
(105 ILCS 5/27-24.5)
(from Ch. 122, par. 27-24.5)
Submission of claims.
The district shall report on forms prescribed
by the State Board, on an ongoing basis, a list of students by name, birth date
and sex, with the date
behind-the-wheel instruction or the classroom instruction or both were
and with the
status of the course completion.
The State shall not reimburse any district for any student
repeated any part of the course more than once or who did not meet the age
this Act during the period that the student was instructed
in any part of the drivers education course.
(Source: P.A. 96-734, eff. 8-25-09.)
105 ILCS 5/27-24.6
(105 ILCS 5/27-24.6)
(from Ch. 122, par. 27-24.6)
The school board shall require the teachers of drivers education courses
to keep daily attendance records for students attending such courses in the
same manner as is prescribed in Section 24-18 of this Act and such records
shall be used to prepare and certify claims made under the Driver Education
Act. Claims for reimbursement shall be made under oath or affirmation of
the chief school administrator for the district employed by the school
or authorized driver education personnel employed by the school board.
Whoever submits a false claim under the Driver Education Act or makes a
false record upon which a claim is based shall be fined in an amount equal
to the sum falsely claimed.
(Source: P.A. 96-734, eff. 8-25-09.)
105 ILCS 5/27-24.7
(105 ILCS 5/27-24.7)
(from Ch. 122, par. 27-24.7)
School code to apply.
The provisions of this Act not inconsistent with the provisions of the
Driver Education Act shall apply to the conduct of instruction offered by a
school district under the provisions of the Driver Education Act.
(Source: Laws 1961, p. 31.)
105 ILCS 5/27-24.8
(105 ILCS 5/27-24.8)
(from Ch. 122, par. 27-24.8)
Rules and regulations.
The State Board may promulgate rules and regulations not
inconsistent with the provisions of the Driver Education Act for the
administration of the Driver Education Act.
(Source: P.A. 81-1508.)
105 ILCS 5/27-24.9
(105 ILCS 5/27-24.9)
Driver education standards.
The State Board of Education, in consultation with the Secretary of State, shall adopt course content standards for driver education for those persons under the age of 18 years, which shall include the operation and equipment of motor vehicles.
(Source: P.A. 97-1025, eff. 1-1-13.)
105 ILCS 5/27-24.10
(105 ILCS 5/27-24.10)
The State Board of Education shall annually prepare a report to be posted on the State Board's Internet website that indicates the approximate per capita driver education cost for each school district required to provide driver education. This report, compiled each spring from data reported the previous school year, shall be computed from expenditure data for driver education submitted by school districts on the annual financial statements required pursuant to Section 3-15.1 of this Code and the number of students provided driver education for that school year, as required to be reported under Section 27-24.5 of this Code.
(Source: P.A. 97-1025, eff. 1-1-13.)
105 ILCS 5/prec. Sec. 27-25
(105 ILCS 5/prec. Sec. 27-25 heading)
NUCLEAR ENERGY EDUCATION ACT
(Source: Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25
(105 ILCS 5/27-25)
(Source: P.A. 76-1835. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.1
(105 ILCS 5/27-25.1)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.2
(105 ILCS 5/27-25.2)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.3
(105 ILCS 5/27-25.3)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)