Subject Index Legislation

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 & 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.

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.

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