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Illinois Bar Journal
Articles From 2014

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Estate Planning and the American Taxpayer Relief Act By Stephen M. Margolin and Lindsey Paige Markus February 2014 Article, Page 92 Thanks to ATRA, a married couple with a properly structured estate can pass more than $10 million free of federal estate tax. But beware income and state-estate tax consequences.
Expanding recording of custodial interrogation, improving eyewitness ID By Matthew Hector December 2014 Lawpulse, Page 566 Last year, more crimes were added to the list requiring recording of custodial interrogations, and the criminal code will soon change to reduce the risk of mistaken eyewitness identification.
Expansion of subject matter scope for service contracts May 2014 Illinois Law Update, Page 220 The Illinois Service Contract Act is amended to expand the category of things that service contacts may be provided for.
Extra time to pay toll way fees and fines December 2014 Illinois Law Update, Page 572 Recent amendments to the State Toll Highway Rules have increased the amount of time that individuals are given to pay tolls, fees, and fines after a final order is entered following a toll violation hearing. 92 Ill. Adm. Code 2520 (eff. Sept. 25, 2014).
Failure to report alleged abuse or neglect is now a Class A misdemeanor December 2014 Illinois Law Update, Page 572 The Department of Human Services ("DHS") has amended the regulations governing the investigation of alleged abuse or neglect in healthcare facilities and community agencies that are directly funded by DHS. 59 Ill. Adm. Code 50 (eff. Sept. 10, 2014).
Failure to report sexual abuse of a child May 2014 Illinois Law Update, Page 220 The Criminal Code of 2012 has been amended to criminalize the knowing failure to report to law enforcement the sexual abuse of a child by a person over the age of 18.
Family law rewrite still brewing in the General Assembly By Janan Hanna April 2014 Lawpulse, Page 162 A proposed 300-page overhaul of Illinois' decades-old marriage and divorce act remains alive in the legislature and continues to evolve in response to stakeholders' concerns.
A Family Lawyer’s Guide to Tending Client Relationships By Janan Hanna May 2014 Article, Page 224 Choosing the right clients and managing their expectations may be the two most important jobs for any family law practitioner.
Federal and Illinois Court Dockets: What’s Online? By Tom Gaylord November 2014 Column, Page 552 Though the feds keep docket information in PACER, electronic Illinois docket info is harder to find.
Federal minimum wage and overtime protection extended to home care workers By Matthew Hector November 2014 Lawpulse, Page 518 Soon, in-home care workers will be protected by the FLSA. But will the law's exemptions and exceptions swallow the rule?
Fewer requirements for veterans’ commercial driver’s licenses July 2014 Illinois Law Update, Page 320 In applying for a commercial driver's license ("CDL"), military personnel must obtain school bus and passenger endorsements, but they may not be required to complete the pre-trip inspection, vehicle and road driving skills test, and road test. 92 Ill. Adm. Code 1030 (eff. March 28, 2014).
Fictive kin required to apply for licensure as a foster family home October 2014 Illinois Law Update, Page 472 Under the Children and Family Services Act, child placements with fictive kin will soon be subject to new requirements.
Fifty-State Surveys: Can They Be Had for Free? By Tom Gaylord July 2014 Column, Page 352 They can if you have the time.
Financial incentives for non-Medicare annuitants who opt out of the State Employees Group Health Plan January 2014 Illinois Law Update, Page 16 The Department of Central Management Services ("CMS") has extended the financial incentives for non-Medicare annuitants who opt out of the State Employees Group Insurance. 80 Ill. Adm. Code 2106.
Fines for vehicles driving without a certificate of safety April 2014 Illinois Law Update, Page 168 The Illinois Vehicle Code has been amended to institute new fines for persons operating a vehicle on a state highway without an effective certificate of safety displayed, in violation of Illinois Vehicle Code safety inspection requirements.
Fingerprint-based criminal background checks required for medical licensure October 2014 Illinois Law Update, Page 472 Regulations concerning the Medical Practice Act of 1987 have been amended to comply with the provisions of Public Act 97-0622, which requires fingerprint-based background checks for individuals seeking medical licenses. 68 Ill. Adm. Code 1285 (eff. Aug. 1, 2014).
Flat rate for Illinois Racing Board occupational licenses June 2014 Illinois Law Update, Page 272 Applicants for occupational licenses from the Illinois Racing Board are now subject to paying a blanket annual fee of $25, regardless of job position. 11 Ill. Adm. Code 502 (eff. Mar. 1, 2014).
FOID card procedures revised April 2014 Illinois Law Update, Page 168 The Department of State Police (the "Department") amended its Firearm Owners Identification ("FOID") card policies, making changes to the application procedure, expiration of the FOID card, sponsorship of a minor, the return of FOID cards, the process of appealing application denials, and reporting requirements for "clear and present danger." 20 Ill. Adm. Code 1230 (eff. Dec. 31, 2013).
Fraudulent misrepresentation claim concerning construction project is subject to five-year statute of limitations April 2014 Illinois Law Update, Page 168 On January 24, 2014, the Illinois Supreme Court held that a fraudulent misrepresentation claim in a contract action for property damage is subject to a five-year statute of limitations.
Gambling facilities now required to withhold winnings for delinquent child support February 2014 Illinois Law Update, Page 68 "State gaming licensees" including race track wagering facilities, riverboat gambling facilities, or other licensees that operate facilities at which lawful gambling may take place will now be required by the State to withhold winnings where the winner has past due child support payments.
General Assembly takes action against patent trolls November 2014 Illinois Law Update, Page 524 The Consumer Fraud and Deceptive Business Practices Act has been amended to prohibit deceptive patent infringement demand letters.
General procedures and collective bargaining under the Education Labor Relations Board July 2014 Illinois Law Update, Page 320 The Illinois Education Labor Relations Board (the "Board") passed amendments relating to its "General Procedures" (80 Ill. Adm. Code 1100), "Collective Bargaining and Impasse Resolution" (80 Ill. Adm. Code 1130), the "University of Illinois Bargaining Units" (80 Ill. Adm. Code 1135), and "Representation Procedures" (Ill. Adm. Code 1110).
Good Is Not So Bad By Karen Erger April 2014 Column, Page 198 Perfectionism won't make you perfect. In fact, it might actually inhibit your performance.
The Good Samaritan Act does not immunize physicians providing services on a compensated basis, regardless of whether the patient is billed June 2014 Illinois Law Update, Page 272 On March 20, 2014, the Illinois Supreme Court, as a matter of first impression, held that the term "fee" in the Good Samaritan Act includes a doctor's hourly compensation, including instances where the doctor is paid but the patient is not directly billed for the services provided.
Good Samaritan Act doesn’t shield on-duty emergency doctors By Janan Hanna May 2014 Lawpulse, Page 214 A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.
Government charge card program terminated August 2014 Illinois Law Update, Page 372 As of May 23, 2014, the Government Charge Card program ("program") has been discontinued. 80 Ill. Adm. Code 2800.
Gradual increase in park employee service annuity contributions August 2014 Illinois Law Update, Page 372 Park employee service annuity contributions will increase from 6.5% of the employee's salary to 8% beginning January 1, 2015. The contribution rate will further increase to 9% beginning January 1, 2017, and 10% on January 1, 2019.
Guardians may act as proxies for purposes of the Illinois Marriage and Dissolution of Marriage Act November 2014 Illinois Law Update, Page 524 Under the Illinois Marriage and Dissolution of Marriage Act, if the guardian of a ward's estate or person petitions a court on behalf of the ward, the court may permit the guardian to file for dissolution of marriage, legal separation, or declaration of invalidity for the dissolution of a marriage.
Guidance on income tax credits and sourcing of nonbusiness income September 2014 Illinois Law Update, Page 424 The Department of Revenue has adopted several revisions to the regulations governing the state income tax. 86 Ill. Adm. Code 100 (eff. June 19, 2014).
Heightened bilingual education requirements in elementary schools December 2014 Illinois Law Update, Page 572 The State Board of Education ("SBE") has adopted amendments to the regulations governing Transitional Bilingual Education in order to implement English language development standards in elementary education. 23 Ill. Adm. Code 228 (eff. Sept. 29, 2014).