State-wide smoking ban passed. PA 095-0017September 2007Illinois Law Update, Page 460The Illinois General Assembly has passed the Smoke Free Illinois Act (Act), in order to protect Illinois citizens from the secondhand effects of tobacco smoke, "a harmful and dangerous carcinogen to human beings and a hazard to public health."
2007 Spring Session RoundupBy Jim CovingtonAugust 2007Column, Page 408Highlights of this year's legislative session.
Bill would make involuntary commitment easierBy Helen W. GunnarssonAugust 2007Lawpulse, Page 398But critics of the legislation say lack of resources, not a too-high commitment standard, is the problem with Illinois' mental health system.
Mental suffering now compensable in wrongful death casesBy Helen W. GunnarssonAugust 2007Lawpulse, Page 398Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.
New DUI bill replaces JDPs with "monitoring device driving permits"By Helen W. GunnarssonAugust 2007Lawpulse, Page 398A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.
Task force on health planning reform created. PA 095-0005August 2007Illinois Law Update, Page 404In order to protect essential healthcare facilities and to improve the thoroughness of Illinois health facility planning, the Illinois General Assembly amended the Illinois Health Facilities Planning Act to create the Task Force on Health Planning Reform.
Identity theft law applies to undocumented immigrant's purchase of social security cardJuly 2007Illinois Law Update, Page 348On May 9, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Winnebago County, finding the defendant guilty of two counts of identity theft and sentencing her to 30 months probation, 100 hours of public service, and a $500 fine.
Illinois signs compact to encourage the development of Midwestern passenger rails - PA 094-1077June 2007Illinois Law Update, Page 292Reflecting the continuing importance of rail travel and the concern over the aging railways in the state, the Illinois General Assembly has passed the Midwest Interstate Passenger Rail Compact Act (Act) in an effort to work in conjunction with other Midwestern states in the hope of improving and developing railway transportation throughout the region.
Procedure for eminent domain by sanitary districts amended - PA 094-1106June 2007Illinois Law Update, Page 292The Illinois Municipal Code changed 65 ILCS 5/11-147-1 by allowing a sanitary district and municipality to enter into a contract for use of the sanitary system even if the sanitary district and municipality are not adjacent.
Safety requirements added to Coal Mining Act - PA 094-1101June 2007Illinois Law Update, Page 292The Illinois General Assembly amended the Coal Mining Act (Act) to place increased responsibilities on mine operators to provide for the safety of their workers.
Day laborers protected under Minimum Wage Law -PA 094-1102May 2007Illinois Law Update, Page 236The Illinois General Assembly (Assembly) has amended the Minimum Wage Law in order to protect the interests of day laborers and other short term employees.
Steps taken to improve utilities retail market conditions -PA 094-1095May 2007Illinois Law Update, Page 236In order to promote a more competitive retail electric market for all Illinois consumers, the Illinois General Assembly (Assembly) has amended the Public Utilities Act by adding the Retail Electric Competition Act (Act) of 2006. 220 ILCS 5/20-101 et seq.
Illinois Supreme Court allows direct participant liability theory for first timeApril 2007Illinois Law Update, Page 176On February 16, 2007, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the Circuit Court of Cook County's order of summary judgment for defendant Clark USA (CUSA).
New election rules for candidates with changed names - PA 094-1090April 2007Illinois Law Update, Page 176The Illinois General Assembly has created new guidelines in the Election Code for candidates for public election who have had their name changed at some point in the past.
No duty to third parties for injuries resulting from theft of vehicle on private propertyApril 2007Illinois Law Update, Page 176On February 8, 2007, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County granting summary judgment to defendants Budget Rent-A-Car Systems, Inc. (Budget) and Ranger Security (Ranger).
No per se liability exception to the risk-utility test when dangers are open and obviousApril 2007Illinois Law Update, Page 176On February 16, 2007, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the Circuit Court of Cook County's order of summary judgment for defendant Scripto-Tokai Corporation (Scripto).
Parent companies more vulnerable to suit for subsidiaries' tortsBy Helen W. GunnarssonApril 2007Lawpulse, Page 170Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.
Amendments to Charitable Games Act re-enacted - PA 094-0986March 2007Illinois Law Update, Page 124In an attempt to avoid previous constitutionality problems, the Illinois General Assembly has passed Public Act 094-0986 in order to re-enact certain amendments originally passed in Public Act 088-0669 but declared unconstitutional by the Illinois Supreme Court in People v Olender, 222 Ill 2d 123, 854 NE2d 593 (2005).