Illinois Bar Journal


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Articles on Legislation

Department of Human Services to Implement Model Protocol for State-Operated Facilities; P.A. 93-0636 March 2004 Illinois Law Update, Page 124 The Mental Health and Developmental Disabilities Act has been amended to require that, no later than January 1, 2005, the Department of Human Services must adopt a model protocol and forms for recording all patient diagnosis, care and treatment at each state-operated facility for the mentally ill and developmentally disabled under the jurisdiction of the department. 
Juvenile Offenders to be Deinstitutionalized from Correctional Confinement Facilities to Community-Based Alternative Programs P.A. 93-0641 March 2004 Illinois Law Update, Page 124 Effective immediately, the state will encourage the use of pilot programs in communities to deinstitutionalize juvenile offenders by reallocating funds from juvenile correctional confinement to such alternatives through the "Redeploy Illinois" program. 
Record of Foreign Birth May be Created for Visa Holders P.A. 93-0645 March 2004 Illinois Law Update, Page 124 Effective immediately, the State Registrar of Vital Records may make and file a Record of Foreign Birth for a person born in a foreign country who has been granted an IR-3 visa by the U.S. Immigration and Naturalization Service.
State Requires Construction Contract Bidders to Meet Certain Labor Standards P.A. 93-0642 March 2004 Illinois Law Update, Page 124 Effective June 1st, in order to be considered a responsible bidder on a construction contract, a bidder must comply with and present evidence of compliance with certain standards. 
“Sunshine in Litigation” Legislation: Boon or Bane? By Martin J. Healy, Jr. and David P. Huber March 2004 Article, Page 138 Proponents argue that the "sunshine" proposal before the General Assembly promotes public safety, while opponents charge that it puts trade secrets at risk.
There is Ample Sunshine Already By Gregory C. Ray March 2004 Article, Page 139 The Illinois House has passed, and the Senate is considering, a bill that would limit the power of the parties and the court to bar access to information in litigation involving "public hazards." 
How the New Governmental Ethics Legislation Affects Lawyers By Jim Covington February 2004 Column, Page 68 If you practice before any of 32 state agencies and commissions or represent local governmental entities, take a close look at the newly enacted ethics-in-government legislation
Lienholders Must Surrender Title Within 21 Days P.A. 93-0621 February 2004 Illinois Law Update, Page 70 The Illinois Vehicle Code was recently amended to require that persons holding a security interest in a vehicle, who are in possession of the certificate of title, must release the security interest within 21 days after receiving payment in satisfaction. 
Offenders May Participate in State’s Attorney’s Bad Check Diversion Programs as an Alternative to Prosecution; P.A. 093-0394 February 2004 Illinois Law Update, Page 70 State's attorneys may create bad check diversion programs within their offices, which would allow qualified offenders to participate in the program instead of being prosecuted for the offense. 
Post-Conviction Petitions Limited Unless Certain Extenuating Circumstances Can be Shown P.A. 093-0493 February 2004 Illinois Law Update, Page 70 Effective the first of the year, an inmate cannot file more than one post-conviction petition in the trial court, under 725 ILCS 5/122-1, without leave of court.
Rail Carriers Must Foot Bill for Sign Installation P.A. 93-0604 February 2004 Illinois Law Update, Page 70 Effective immediately, when the Illinois Commerce Commission orders the installation of luminous flashing signal or crossing gate devices at a particular grade crossing.
The Uniform Mediation Act: Illinois’ Newest Privilege By Sarah E. Cook and Sheryl E. Healy February 2004 Article, Page 92 A look at this new law, which should make mediation a more attractive alternative to litigation.
Voice Stress Analyzer a Permissible Method of Deception Detection P.A. 93-0619 February 2004 Illinois Law Update, Page 70 The Detection of Deception Examiners Act was recently amended to clarify that the Act does not prohibit the use of a voice stress analyzer by any trained.
Companies in violation of environmental protection standards cannot procure state business and are subject to more difficult requirements for permits P.A. 093-0575 January 2004 Illinois Law Update, Page 16 An amendment to the Illinois Procurement Code, effective January 1, 2004, provides that no person or business who was found to have willfully or knowingly violated §42 of the Environmental Protection Act.
No co-pay required for public aid recipients to receive generic drugs P.A. 093-0593 January 2004 Illinois Law Update, Page 16 Effective immediately, the Department of Public Aid may not require those receiving public aid assistance from the state to make a co-payment if they receive generic prescription drugs.
Transmitters of Money Must Make License Disclosures P.A. 93-0535 January 2004 Illinois Law Update, Page 16 The Transmitters of Money Act ("TOMA") now provides that authorized sellers engaging in the business of transmitting money on behalf of a licensee must conspicuously display a disclosure notice supplied by the licensee.
Amendments Made Regarding Safety in Bars and Clubs Serving Alcohol P.A. 03-0551 December 2003 Illinois Law Update, Page 600 Effective immediately, premises licensed for alcohol consumption are limited in the types of materials they may use on those premises.
Consumers Protected from Fraud in Auto Repair P.A. 093-0565 December 2003 Illinois Law Update, Page 600 Effective January 1, 2004, the state will require more effective information sharing between consumers and facilities making car repairs. 
Corporate Officials to be Held Criminally Responsible for Misconduct P.A. 93-0496 December 2003 Illinois Law Update, Page 600 Effective January 1, 2004, the Criminal Code is amended to hold those responsible for corporate misconduct criminally accountable.
Employees Entitled to Take Leave Due to Domestic or Sexual Violence P.A. 93-0591 December 2003 Illinois Law Update, Page 600 An employee who is a victim of domestic or sexual violence, or has a family or household member who is a victim, may take 12 weeks per year of unpaid leave from work to address domestic or sexual violence issues, pursuant to the Victims' Economic Security and Safety Act.
Public Bodies Must Keep Verbatim Records of Closed Meetings P.A. 93-0523 December 2003 Illinois Law Update, Page 600 Beginning January 1, 2004, all public bodies must keep a verbatim record of all of their closed meetings in the form of an audio or video recording.
Complaints Filed Against Peace Officer Must Have Support of a Sworn Affidavit P.A. 93-0592 November 2003 Illinois Law Update, Page 550 As of January 1, 2004, anyone filing a complaint against a sworn peace officer must have his or her complaint supported by a sworn affidavit. Previously, the complaint did not require such verification.
Felons Convicted Under Sarbanes-Oxley Act Barred from Bidding on Government Contracts P.A. 93-0600 November 2003 Illinois Law Update, Page 550 The Illinois Procurement Code was recently amended to prohibit any businesses whose officer, director, partner or managerial agent has been convicted of a felony under the Sarbanes-Oxley Act of 2003.
Legislature Increases Penalties for Home Repair Fraud P.A. 93-0542 November 2003 Illinois Law Update, Page 550 The Legislature added a provision to the Home Repair Fraud Act providing that if a person commits aggravated home repair fraud.
Legislature Protects Whistleblowers Against Retaliation and Provides for Recovery of Damages P.A. 93-0544 November 2003 Illinois Law Update, Page 550 Employers (excluding governmental entities) are now prohibited from making, adopting or enforcing any rule, regulation or policy that prevents an employee from disclosing information to a government or law enforcement agency if that employee reasonably believes the information discloses a violation of a state or federal law.
Responsibility Imposed for Drug and Alcohol Impairment of Minors P.A. 93-0588 November 2003 Illinois Law Update, Page 550 Effective January 1, 2004, any person over the age of 18 who supplies alcohol or illegal drugs to a minor will be liable for any death or injuries to people or property caused by the drug or alcohol impairment of that minor.
The Structured Settlement Protection Act helps judges say “no” By Helen W. Gunnarsson November 2003 LawPulse, Page 544 Some damage-award recipients don't act wisely when trading in their structured settlements for lump-sum payouts. A new law helps courts say "no" to bad deals.
Synthetic Drug Manufacturing Conspiracy Defined P.A. 93-0596 November 2003 Illinois Law Update, Page 550 A person commits criminal synthetic drug manufacturing conspiracy when, with the intent that a controlled substance be manufactured or produced, the person aids in the manufacture or production of a synthetic controlled substance.
§3-106 of the Tort Immunity Act is not an absolute shield from liability. November 2003 Illinois Law Update, Page 550 On August 21, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts granting summary judgment in favor of the defendants.
Business-law clean-up bill now on the books By Helen W. Gunnarsson October 2003 LawPulse, Page 486 The new Act reconciles inconsistencies, removes obsolete provisions, and makes compliance with the law easier.