Publications

Articles on Legislation

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). 

No per se liability exception to the risk-utility test when dangers are open and obvious

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 Scripto-Tokai Corporation (Scripto).

Parent companies more vulnerable to suit for subsidiaries’ torts

By Helen W. Gunnarsson
April
2007
LawPulse
Page 170
Under 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.

State Property Control Act adds section providing for facility closure - PA 094-1107

April
2007
Illinois Law Update
Page 176
Section 8.3 of the State Property Control Act was added to provide for assessments of the John J. Madden Mental Health Center in Cook County.

Tighter fire safety standards set for mobile home parks - PA 094-1080

April
2007
Illinois Law Update
Page 176
The Illinois General Assembly has provided for new safety standards to protect mobile home parks from the dangers of fire by passing Public Act 094-1080 (Act). 

Amendments to Charitable Games Act re-enacted - PA 094-0986

March
2007
Illinois Law Update
Page 124
In 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). 

Illinois to purchase flexible fuel and fuel efficient hybrid vehicles - PA 094-1079

March
2007
Illinois Law Update
Page 124
 In an effort to be more environmentally conscious, the Illinois General Assembly recently added section 25-75 to the Illinois Procurement Code. 

Predatory lending database pilot program given a start date

March
2007
Illinois Law Update
Page 124
Effective December 21, 2006, the Department of Financial and Professional Regulation has added a new section to 38 Ill Adm Code 346. 

Purchasers of condominiums at foreclosure sale to pay association fee - PA 094-1049

March
2007
Illinois Law Update
Page 124
Section 9 of the Condominium Property Act (Act) has been amended by adding paragraphs 4 and 5 to subsection (g). 765 ILCS 605/9(g). 

Ambulance rules passed to avoid fraudulent use - PA 094-1063

February
2007
Illinois Law Update
Page 72
In order to prevent the fraudulent ordering of ambulances for non-emergency purposes and to greater explain the effects to those who ordered the ambulances, the Illinois General Assembly has added a new section both to the Nursing Home Care Act, at 210 ILCS 45/2-217, and to the Hospital Licensing Act, at 210 ILCS 85/6.22. 

Identity theft laws now offer increased protection - PA 094-1008

February
2007
Illinois Law Update
Page 72
Due to the increasing instances of identity theft, the Illinois legislature has amended several sections of the Illinois Criminal Code (Code). 

Income Withholding for Support Act unconstitutional as applied to $1,172,100 penalty

February
2007
Illinois Law Update
Page 72
The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."

Information on financial identity theft must be provided by the Department of Motor Vehicles - PA 094-1001

February
2007
Illinois Law Update
Page 72
In order to make Illinois residents more aware of the risks of financial identity theft, the Illinois General Assembly amended section 2-105 of the Illinois Vehicle Code by adding subsection (f). 625 ILCS 5/2-105(f). 

New statute of limitations rules for Predator Accountability Act - PA 094-998

February
2007
Illinois Law Update
Page 72
The Illinois General Assembly has created a new statute of limitations for the Predator Accountability Act. 735 ILCS 5/13-225. 

Adoption Act definition of “unfit person” amended -PA 094-0939

January
2007
Illinois Law Update
Page 14
The Illinois General Assembly (General Assembly) has amended section D of the definitions section of the Adoption Act (Act) in order to clarify the meaning of "Unfit person" under the Act. 

Changing demographics lead to amended Elder Abuse and Neglect Act - PA 094-1064

January
2007
Illinois Law Update
Page 14
Due to the aging demographic of the country and the increasing prevalence of elder abuse, the Illinois General Assembly (General Assembly) amended the Elder Abuse and Neglect Act. 

Imitation music groups face new guidelines for avoiding consumer fraud - PA 094-0854

January
2007
Illinois Law Update
Page 14
The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act, forbidding performing music groups from misleading the public into false associations with other recording music groups.

The Mortgage Rescue Fraud Act

By James K. Weston
January
2007
Column
Page 52
This law, effective January 1, is designed to protect soon-tobe-forclosed landowners from a "rescue" scam.

The Grandparent Visitation Statute Violates Parents’ Due Process Rights

By Morris Lane Harvey
December
2006
Article
Page 663
Is the new statute constitutionally infirm like its predecessor?

New Amendments to the Illinois Grandparent Visitation Statute

By Michael K. Goldberg
December
2006
Article
Page 660
Effective January 1, grandparents can petition for visitation during a divorce and after some types of adoptions.

New rules for work-at-home solicitations - PA094-0999

December
2006
Illinois Law Update
Page 650
The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 

New statutory language targets elder self-neglect

By Helen W. Gunnarsson
December
2006
LawPulse
Page 642
Soon-to-be-effective changes to the Elder Abuse and Neglect Act will give authorities new power to intervene when elderly people can't take care of themselves.

Partially consumed bottles of wine permitted to leave restaurants - PA094-0630

December
2006
Illinois Law Update
Page 650
Recently, the Illinois General Assembly added section 6-33 to the Liquor Control Act of 1934 (Act) to allow restaurant patrons to take an unfinished bottle of wine home with them if certain requirements are met.

Personal Information Protection Act amended to help prevent identify theft- PA 094-0947

December
2006
Illinois Law Update
Page 650
With increasing concern over identity theft, the Illinois General Assembly amended the Personal Information Protection Act (Act), covering any data collector that owns or licenses personal information concerning an Illinois resident.

Safe Homes Act created to help reduce domestic violence- PA094-1038

December
2006
Illinois Law Update
Page 650
The Illinois General Assembly passed the Safe Homes Act (Act) in an effort to reduce domestic violence by improving the ability of tenant victims and their families to escape "domestic violence, dating violence, sexual assault, and stalking."

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