Illinois Bar Journal

Articles on Legislation

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.

New amendments affect police interrogations (P.A. 93-0517)

October
2003
Illinois Law Update
Page 492
The Illinois Police Training Act has been amended to require training of police officers to conduct electronic interrogations.

New legislation criminalizes use of a dangerous place in connection with controlled substances offense (P.A. 93-0516)

October
2003
Illinois Law Update
Page 492
The Illinois Criminal Code has been amended to criminalize the use of a dangerous place for the commission of a substance or cannabis offense.

State Lawsuit Immunity Act opens Illinois to lawsuits from state employees

By Helen W. Gunnarsson
October
2003
LawPulse
Page 486
The new law, which allows state employees to bring race, age, and other discrimination suits, has claimants' lawyers cheering.

Governor signs six-bill package addressing Illinois criminal justice system P.A. 93-0206, P.A. 93-0208, P.A. 93-0209, P.A. 93-0210 (all approved 7-18-03, effective immediately) P.A. 93-0207, P.A. 93-0211

September
2003
Illinois Law Update
Page 436
Gov. Rod Blagojevich recently signed into law six bills aimed at eliminating problems that have raised questions about the integrity of Illinois' criminal justice system.

Increased penalties for arson involving a place of worship P.A. 93-0169

September
2003
Illinois Law Update
Page 436
New legislation provides for increased penalties for arson involving a place of worship.

Insurance plans must cover contraceptives P.A. 93-0102

September
2003
Illinois Law Update
Page 436
Individual or group policies of accident and health insurance amended, delivered, issued, or renewed in Illinois after January 1, 2004.

Mortgage Certificate of Relief Act amendments signed into law

By Helen W. Gunnarsson
September
2003
LawPulse
Page 430
Lenders often fail to send a certificate of release after a mortgage has been paid off. A new law addresses the problem.

New SPAM laws take effect in 2004 P.A. 93-0199

September
2003
Illinois Law Update
Page 436
Under new legislation, an initiator of an unsolicited e-mail advertisement must establish either a toll-free telephone number or valid sender-operated.

2003 Spring Session Roundup

By Jim Covington
August
2003
Column
Page 380
A summary of key bills passed this session by the General Assembly.

Illinois legislature outlaws ephedra P.A. 93-0008

August
2003
Illinois Law Update
Page 384
In May 2003, the state legislature enacted the Ephedra Prohibition Act, banning the sale or offer for sale of any dietary supplement containing any quantity of ephedra or ephedrine alkaloids.

New legislation creates Senior Citizens and Disabled Persons Prescription Drug Discount Program Act; P.A. 93-0018

August
2003
Illinois Law Update
Page 384
The recently enacted Senior Citizens and Disabled Persons Prescription Drug Discount Program Act creates a program that will enable eligible senior citizens and disabled persons to purchase prescription drugs at discounted prices.

Statute of limitations expands under Local Governmental Tort Immunity Act P.A. 93-0011

August
2003
Illinois Law Update
Page 384
A recent amendment to the Local Governmental and Governmental Employees Tort Immunity Act allows for the commencement of an action for damages for injury or death against any local public entity or public employee.

Gov. Blagojevich signs Equal Pay Act into law P.A. 93-0006

July
2003
Illinois Law Update
Page 332
On Mother's Day, Gov. Rod Blagojevich signed into law the Illinois Equal Pay Act.

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