Publications

Illinois Bar Journal
Articles on Legislation

Legal aid groups would benefit from cy pres statute By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 A bill would make it more likely that legal aid and other charitable organizations will end up with leftover class-action settlement proceeds.
New law allows Human Rights Act plaintiffs to file in circuit court By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 Complainants under the Illinois Human Rights Act can now file in circuit court instead of with state agencies. This brings Illinois into line with federal practice and that of 38 states.
New law on attorney modification clauses in real-estate contracts? By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 Has the second district made it easier for a party to a real estate contract to make a counter offer disguised as a mere "modification"?
Public school services for special education students extended. PA 095-0014 September 2007 Illinois Law Update, Page 460 The Illinois General Assembly has amended the School Code to provide extended access to public school education for special education students.
SLAPP suits take a hit By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 A new bill would discourage developers and others from suing - and thus trying to silence - opponents of their subdivisions, landfills, and the like.
State-wide smoking ban passed. PA 095-0017 September 2007 Illinois Law Update, Page 460 The 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 Roundup By Jim Covington August 2007 Column, Page 408 Highlights of this year's legislative session.
Amendments to damages law for wrongful death suits. PA 095-0003 August 2007 Illinois Law Update, Page 404 The Illinois General Assembly has amended Section 2 of the Wrongful Death Act, 740 ILCS 80/2. 
Bill would make involuntary commitment easier By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 But 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 cases By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 Illinois 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. Gunnarsson August 2007 Lawpulse, Page 398 A 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 095-0005 August 2007 Illinois Law Update, Page 404 In 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 card July 2007 Illinois Law Update, Page 348 On 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.
Involuntary treatment authorization and patient refusal right laws amended - PA 094-1066 July 2007 Illinois Law Update, Page 348 The Illinois General Assembly has changed the Mental Health and Developmental Disabilities Code, 405 ILCS 5/2-107 et seq.
Legislative Developments for Real Estate Lawyers By James K. Weston July 2007 Column, Page 384 Mortgage fraud and bifurcated closings were among the issues for this year's General Assembly.
Local governments barred from reverse auction evaluation of professional services bids -PA 094-1097 July 2007 Illinois Law Update, Page 348 The Illinois General Assembly has amended Section 5 of the Local Government Professional Services Selection Act, 50 ILCS 510/5. 
New guidelines for valuation of supportive living facilities - PA 094-1086 July 2007 Illinois Law Update, Page 348 A new section, 35 ILCS 200/10-390, has been added to the Property Tax Code, providing guidelines for the valuation of supportive living facilities.
Physical education exemption for special education students - PA 094-1098 July 2007 Illinois Law Update, Page 348 Section 27-6 of the School Code, 105 ILCS 5/27-6, has been amended by the Illinois General Assembly to allow physical education exemptions for special education students.
Illinois signs compact to encourage the development of Midwestern passenger rails - PA 094-1077 June 2007 Illinois Law Update, Page 292 Reflecting 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 094-1106 June 2007 Illinois Law Update, Page 292 The 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 094-1101 June 2007 Illinois Law Update, Page 292 The 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 094-1102 May 2007 Illinois Law Update, Page 236 The Illinois General Assembly (Assembly) has amended the Minimum Wage Law in order to protect the interests of day laborers and other short term employees. 
Incarceration due to forced confessions excluded from criminal and civil time limitations -PA 094-1113 May 2007 Illinois Law Update, Page 236 In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress. 
Pilot program for lifelong learning accounts established for health-care workers -PA 094-1006 May 2007 Illinois Law Update, Page 236 Last summer, the Illinois General Assembly added Section 605-430 to the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code. 20 ILCS 605/605-430. 
Steps taken to improve utilities retail market conditions -PA 094-1095 May 2007 Illinois Law Update, Page 236 In 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. 
Governor Puts Predatory Lending Legislation on Hold By James Weston April 2007 Column, Page 214 An executive order shuts down a controversial program to combat predatory lending.
Illinois Supreme Court allows direct participant liability theory for first time April 2007 Illinois Law Update, Page 176 On 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 094-1090 April 2007 Illinois Law Update, Page 176 The 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. 
New Liquor Control Act regulations for premises near schools and churches -PA 094-1103 April 2007 Illinois Law Update, Page 176 The Liquor Control Act of 1934 (Act) was amended by adding subsections (k) and (l) to section 6-11, 235 ILCS 5/6-11(k) and (l), which provide very detailed amendments to the Act.
No duty to third parties for injuries resulting from theft of vehicle on private property April 2007 Illinois Law Update, Page 176 On 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).