Publications

Articles on Legislation

Medical schools may hire private entities to conduct criminal history record checks on matriculates. PA 096-1044.

July
2011
Illinois Law Update
Page 336
Illinois lawmakers have amended the Medical School Matriculate Criminal History Records Check Act to allow medical schools to hire private entities to check the criminal history records of matriculates. (110 ILCS 57/10; 110 ILCS 57/15).

Rules for non-highway vehicles used for farming purposes amended. PA 096-1434.

July
2011
Illinois Law Update
Page 336
The Illinois Vehicle Code has been amended to modify restrictions for non-highway vehicles (625 ILCS 5/11-1426.1).

School social workers must learn how to detect and prevent adolescent and teen suicide. PA 096-0951.

July
2011
Illinois Law Update
Page 336
The School Code has been amended to require school social workers who work with 7th through 12th graders to receive training for the detection and intervention of student suicide (105 ILCS 5/34-18.7).

Definition broadened for “maintaining a place of business” in Illinois. PA 096-1544

June
2011
Illinois Law Update
Page 286
The Use Tax Act and Service Use Tax Act have been amended to broaden the definition of a "retailer" or "serviceman" who is "maintaining a place of business in this state." 35 ILCS 105/2; 35 ILCS 110/2.

Drivers can avoid license suspension for traffic violations by beginning payment plans. PA 096-1184

June
2011
Illinois Law Update
Page 286
Illinois lawmakers have amended the Illinois Vehicle Code to authorize the Secretary of State to reinstate the driver's license of a person whose license was suspended for failure to pay traffic-related fines or penalties if the person enters into a payment plan with a municipality.

Public employee benefits protected during furlough. PA 096-1535

June
2011
Illinois Law Update
Page 286
The Illinois Pension Code has been amended to enable public workers to establish creditable service and earn credits in the public employee retirement system during furloughs.

Regulations tightened for demolishing buildings containing hazardous air pollutants. PA 096-1536

June
2011
Illinois Law Update
Page 286
Illinois lawmakers have amended the Counties Code, Illinois Municipal Code, and the State Mandates Act to better regulate the demolition and renovation of buildings containing hazardous air pollutants such as asbestos. 55 ILCS 5/5-1063.5; 65 ILCS 5/11-39-2.5; 30 ILCS 805/8.35.

Certain articles inside towed motor vehicles exempted from possessor liens. PA 096-1506

May
2011
Illinois Law Update
Page 228
Illinois lawmakers have amended the Illinois Vehicle Code to exempt certain articles from being subjected to a possessor lien when a motor vehicle is towed. (625 ILCS 5/4-203).

Civil unions provide same-sex couples legal protections provided to all Illinois spouses. Public Act 096-1513

May
2011
Illinois Law Update
Page 228
State lawmakers recently passed the Illinois Religious Freedom Protection and Civil Union Act to provide persons entering into civil unions the obligations and benefits granted to all spouses under Illinois law.

Death penalty is abolished. PA 096-1543

May
2011
Illinois Law Update
Page 228
Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.

Good Samaritans at building evacuation scenes not subject to civil liability absent willful and wanton misconduct. PA 096-1169

May
2011
Illinois Law Update
Page 228
Illinois lawmakers have amended the Good Samaritan Act to exempt from civil liability persons who provide free emergency care at building evacuation scenes. (745 ILCS 49/71 new).

Vehicle drivers must stop when pedestrian crosses street on vehicle’s side of road. PA 096-1165

May
2011
Illinois Law Update
Page 228
The Illinois Vehicle Code has been amended to require vehicle drivers to stop the vehicle and yield the right-of-way to a pedestrian crossing a crosswalk on the vehicle's side of the road when there are no traffic control signals in operation. (625 ILCS 5/11-1002).

Change in Monitoring Device Driving Permit issuance procedure for DUI offenders. PA 096-1526

April
2011
Illinois Law Update
Page 180
The Illinois Vehicle Code has been amended to modify the Monitoring Device Driving Permit (MDDP) issuance procedure for first offenders arrested for driving under the influence of alcohol, drugs, or other intoxicating compounds.

Child Murderer and Violent Offender Against Youth Registration Act offenses expanded. PA 096-1294

April
2011
Illinois Law Update
Page 180
Illinois lawmakers recently expanded the offenses covered by the Child Murderer and Violent Offender Against Youth Registration Act.

Drivers must fasten safety belts for passengers unable to do it themselves. PA 096-0991

April
2011
Illinois Law Update
Page 180
Illinois lawmakers amended the Illinois Vehicle Code to require vehicle drivers to properly adjust and fasten seat safety belts for passengers who are unable to do it themselves. (625 ILCS 5/12-603.1).

Illinois Vehicle Code amended to raise Class B misdemeanor threshold for highway speeding. PA 096-1507

April
2011
Illinois Law Update
Page 180
It is now a Class B misdemeanor to drive between 31 miles and 39 miles per hour in excess of the maximum speed limit on an Illinois highway. (625 ILCS 5/11-601.5).

Law expanded for police to seize vehicles operated in violation of law. PA 096-1289

April
2011
Illinois Law Update
Page 180
State lawmakers recently expanded offenses for which police may seize a vehicle. Vehicles, vessels, and aircrafts operated in Illinois are subject to seizure if the owner knows and consents to the use and that use violates certain laws. (720 ILCS 5/36-1).

Peace officers no longer required to swear to complaints issued for misdemeanors. PA 096-1206

April
2011
Illinois Law Update
Page 180
Peace officers no longer are required to swear to complaints issued for misdemeanors, under recent amendments to the Code of Criminal Procedure of 1963. (725 ILCS 5/111-3).

Accident reports to be provided to government agencies upon request. PA 096-1147

March
2011
Illinois Law Update
Page 124
The Illinois Vehicle Code has been amended to require the Department of Transportation to provide upon request copies of written accident reports to federal, state, and local agencies conducting highway safety research and studies. 625 ILCS 5/11-408.  

Payments ensured for mental health, alcoholism and substance abuse treatment. PA 096-1472

March
2011
Illinois Law Update
Page 124
State lawmakers amended the Department of Human Services Act to ensure payments are received for services treating alcoholism, mental health, and substance abuse.

Process servers may be refused entry into correctional institutions and jails. PA 096-1451

March
2011
Illinois Law Update
Page 124
Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.

Recent Business Legislation and Trends: the Secretary of State’s Perspective

By Michelle Nijm and Terrence J. McConville
March
2011
Column
Page 158
Among other changes, corporate filings now need only be made with the SOS, not with counties.

State grants for school districts to help homeless children. PA 096-1229

March
2011
Illinois Law Update
Page 124
The Education for Homeless Children Act has been amended to establish a state grant program to support Illinois school districts in aiding school enrollment, attendance, and success of homeless children and youths. 105 ILCS 45/1-50 new.

Substitute teachers can be required to fund inquiries into criminal history. PA 096-1489

March
2011
Illinois Law Update
Page 124
Illinois lawmakers have amended the School Code to allow schools to require substitute teacher applicants to pay the full costs of their criminal history checks.

Tax credits available for small businesses that hire from Put Illinois to Work program. PA 096-1498

March
2011
Illinois Law Update
Page 124
The Illinois General Assembly has amended the Small Business Job Creation Tax Credit Act to provide tax relief for businesses that hire a new worker who was part of the Put Illinois to Work Program in 2010. 35 ILCS 25/10.

Change to DUI law would limit court involvement in MDDP process

By Helen W. Gunnarsson
February
2011
LawPulse
Page 66
No longer will a court hearing or order be required for issuing a monitoring device driving permit if a new bill is signed into law.

Collective bargaining agreement law amended. PA 096-0598

February
2011
Illinois Law Update
Page 72
The Illinois Public Labor Relations Act has been amended for initial collective bargaining agreements entered into following the original certification of units with fewer than 35 public employees. 5 ILCS 315/7.  

Employment opportunities provided for Illinois youths. PA 096-1225

February
2011
Illinois Law Update
Page 72
Illinois lawmakers passed the Community Youth Employment Act in order to provide summer job opportunities for Illinois youths.  

Medically necessary physical therapy and occupational therapy covered under state employee benefits program. PA 096-1227

February
2011
Illinois Law Update
Page 72
Illinois lawmakers have amended the State Employees Group Insurance Act of 1971 to expand the state employee benefits program to cover medically necessary physical therapy and occupational therapy. 5 ILCS 375/6.11A.

Navigating the Illinois Nursing Home Care Act

By Catherine D. Battista
February
2011
Article
Page 92
This how-to for practitioners filing claims under the NHCA shows how they are often easier to bring than traditional medical malpractice or healing arts claims.

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