New laws continue to take effect, some of which are as follows:

Juvenile transfers. Public Act 94-574 creates individualized review for transfers of juveniles to adult criminal court. This Act does the following: (1) Expands “automatic transfer” of juveniles who are accused of aggravated battery with a firearm if the minor personally discharged the firearm. (2) Creates criteria for judges to consider in presumptive, discretionary, and extended jurisdiction juvenile cases to assist in making transfer decisions more consistent, just, and fair. Effective Aug. 12, 2005.

Tort Immunity. Public Act 94-424 amends the Local Government and Governmental Employees Tort Immunity Act. It changes the definition of “local public entity” to include trustees of schools of townships and the treasurers of schools of townships. Effective Aug. 2, 2005.

LLC Act. Public Act 94-607 amends the Limited Liability Company Act to provide that an operating agreement may establish designated series of members, managers or limited liability company interests having separate rights, powers or duties with respect to specified property or obligations of the limited liability company or profits and losses associated with specified property or obligations, and to the extent provided in the operating agreement, any such series may have a separate business purpose or investment objective.

It also establishes the procedures for management, dissolution, and operation of a series. Provides the fee for filing articles of organization, annual reports, and certificates of designation for a series of a limited liability company. Effective Aug. 16, 2005.

Mechanics Lien Act. Public Act 94-627 is an effort to make this Act more user friendly with streamlined procedures. In particular, it amends §11 of the Act to make it clear how to file a complaint to foreclose a lien and what parties are necessary to do so. Effective Jan. 1, 2006.

Respondents in discovery statute. Public Act 94-582 amends the respondents in discovery statute to allow an extension from the original six-month period to be granted only once for up to 90 days for (1) withdrawal of plaintiff's counsel; or (2) good cause. But the court may still grant additional reasonable extensions from this six-month period for a failure or refusal on the part of the respondent to comply with timely filed discovery. It also creates a new summons form to be served on these respondents. It applies to causes of action pending on or after its effective date, which is Jan. 1, 2006.

Health care lien. Public Act 94-403 amends the Health Care Services Lien Act to include licensed long-term care facilities in the definition of health care provider. It has an effective date of Jan. 1, 2006 and applies to causes of action accruing on or after this date.

Computer security. Public Act 94-36 creates the Personal Information Protection Act. It amends the Consumer Fraud and Deceptive Practices Act to make it a violation of that Act to violate the Personal Information Protection Act. It requires “data collectors” to notify their clients or patients of any “breach of the security of the system data” that may reveal personal information.

“Data Collector” may include, but is not limited to, government agencies, public and private universities, privately and publicly held corporations, financial institutions, retail operators, and any other entity that, for any purpose, handles, collects, disseminates, or otherwise deals with “nonpublic personal information.”

“Personal information” means an individual's name or in combination with sensitive information such as any one or more of the following data elements, when either the name or social security number, driver's license number or credit/debit card information. This Act takes effect Jan. 1, 2006.

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