Publications

Articles on Legislation

Title insurance purchaser guaranteed right to choose title insurance company. PA 095-0570

November
2007
Illinois Law Update
Page 576
The Title Insurance Act has been amended to ensure that title insurance purchasers have a right to choose the title insurance company that will indemnify against loss arising from a defect in title to real property. 

Using “My Legislation” to Keep Up to Date

By Tom Gaylord
November
2007
Column
Page 608
The General Assembly Web site's free "My Legislation" feature lets you stay abreast of new public acts.

Wildlife Code amended to add new youth-only season. PA 095-0013

November
2007
Illinois Law Update
Page 576
Section 2.25 of The Wildlife Code provides for the manner in which deer may be harvested in the state of Illinois. 520 ILCS 5/2.25.

Guidelines passed for distinguishing employees and independent contractors. PA 095-0026

October
2007
Illinois Law Update
Page 516
The Illinois General Assembly has passed the Employee Classification Act in an attempt to prevent the improper identification of employees as independent contractors.

Horse meat no longer for human consumption. PA 095-0002

October
2007
Illinois Law Update
Page 516
The Illinois General Assembly has amended or added to numerous Acts which deal with the slaughter of animals and the use of horse meat for human consumption.

New law expands video appearances by prisoners

By Helen W. Gunnarsson
October
2007
LawPulse
Page 510
Public defenders opposed the law's passage, arguing that it gives inmates second-class justice.

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. 

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