Publications

Articles on Legislation

Restrictions imposed on municipality or county-enacted automated traffic law ordinances. PA 096-1016

February
2011
Illinois Law Update
Page 72
The Illinois Vehicle Code has been amended to impose rules governing automated traffic law ordinances enacted by municipalities or counties. 625 ILCS 5/11-208.

Sexual exploitation punishable when committed in virtual presence of person believed to be child. PA 096-1090

February
2011
Illinois Law Update
Page 72
The Criminal Code of 1961 is amended by Illinois lawmakers to incorporate virtual presence into possible means of committing the sexual exploitation of children. 720 ILCS 5/11-9.1.

Broken parking meters due to snow or ice may be defense for parking violation. PA 096-1256

January
2011
Illinois Law Update
Page 16
Changes to the Illinois Vehicle Code allow a defense for motorists cited with a parking violation if a parking meter malfunctions because of snow or ice. (625 ILCS 5/11-1307).

Consumers protected from unrequested shipment practices by sellers. PA 096-1306

January
2011
Illinois Law Update
Page 16
Illinois law no longer allows sellers of merchandise to ship additional, similar merchandise to consumers at their expense without the consumer's approval. 815 ILCS 505/2III.

Counties with more than three million residents required to accept credit card property tax payments. PA 096-1248

January
2011
Illinois Law Update
Page 16
Beginning on January 1, 2012, a county with a population of more than three million is obligated to accept credit card payments for each installment of property taxes. (35 ILCS 200/20-25).

Defendants to be charged $5 Electronic Citation Fees. PA 096-1210

January
2011
Illinois Law Update
Page 16
Illinois lawmakers have amended the Clerks of Courts Act to require each circuit court clerk to charge and collect an electronic citation fee of $5. (705 ILCS 105/27.3e).

Heightened penalties for public indecency, sexual exploitation of child if committed near school grounds. PA 096-1098

January
2011
Illinois Law Update
Page 16
Under the newly amended Criminal Code of 1961, it is now a Class 4 felony for a person 18 years of age or older to commit public indecency or sexual exploitation of a child within 500 feet of elementary or secondary school grounds when children are present. (720 ILCS 5/11-9; 720 ILCS 5/11-9.1)

Property owners can seek tax reimbursement for annexed properties. PA 096-1351

January
2011
Illinois Law Update
Page 16
Under amendments to the Property Tax Code, property owners can seek reimbursement for taxes paid on annexed property beginning in the 2010 tax year. 35 ILCS 200/20-27.

Transfer fee covenants prohibited. PA 096-1345

January
2011
Illinois Law Update
Page 16
The Illinois General Assembly has prohibited transfer fee covenants, declaring them an impairment of the marketability and transferability of property.

Video conferencing now permitted in some hearings. PA 096-1321

January
2011
Illinois Law Update
Page 16
Illinois lawmakers have amended the Mental Health and Developmental Disability Code to allow for video conferencing during hearings held pursuant to the act. 405 ILCS 5/3-806.1.

Agency rules must include analysis of effect on small businesses. PA 096-1448

December
2010
Illinois Law Update
Page 616
The Illinois General Assembly now requires that any agency enforcing a rule must provide an economic impact analysis of the rule's effect on small businesses. 5 ILCS 100/5-30.

Introducing the New and Improved Minor Guardianship Statute

By Margaret C. Benson
December
2010
Article
Page 628
An important new amendment to the Illinois Probate Act clarifies when nonparents have standing in minor guardianship cases and otherwise honors the rights of parents while protecting children.

Penalties for unreasonable obstruction of parking place for disabled. PA 096-1125

December
2010
Illinois Law Update
Page 616
The Illinois Vehicle Code has been amended to hold property owners liable for unreasonable obstruction of designated aisles or parking spaces specifically reserved for persons with disabilities. 625 ILCS 5/11-1301.8.

Penalty and sale delays for mobile homes in disaster areas. PA 096-1211

December
2010
Illinois Law Update
Page 616
Those who own mobile homes in declared disaster areas are now provided a delay of penalties and sale by the Illinois General Assembly. 35 ILCS 515/9.3.

Retail theft penalties adjusted. PA 096-1301

December
2010
Illinois Law Update
Page 616
 Penalties for theft have been adjusted by Illinois lawmakers to increase the value of property covered by minimum misdemeanor and felony sentencing. 720 ILCS 5/16-1.

Schools no longer obligated to comply with unfunded mandates. PA 096-1441

December
2010
Illinois Law Update
Page 616
The School Code has been amended to allow public school districts and private schools to choose not to comply with statutory or regulatory mandates enacted after the effective date of this amendment, unless the mandate is fully funded by the government for the relevant school year. 105 ILCS/22-60.

State may recover payments for state workers injured by third party. PA 096-1430

December
2010
Illinois Law Update
Page 616
The Illinois General Assembly amended the Public Employee Disability Act to allow the state to seek reimbursement of the benefits it must pay to an injured state worker when a third party is responsible for the employee's disability. 5/ILCS 345/1. 

Employee Credit Privacy Act bars inquiry about employee credit history. PA 096-1426

November
2010
Illinois Law Update
Page 564
The Illinois General Assembly has enacted the Employee Credit Privacy Act to prohibit employers from inquiring about the credit history of an applicant or employee.

Foreclosure Prevention Program provides counseling, prevention funds. PA 96-1419

November
2010
Illinois Law Update
Page 564
The Illinois Housing Development Act was amended by Illinois lawmakers to create the Foreclosure Prevention Program. (20 ILCS 3805/7.30)

The Illinois Predator Accountability Act: A Sleeping Giant

By Christopher P. Keleher
November
2010
Article
Page 582
The Illinois Predator Accountability Act of 2006 allows victims of sexual exploitation to sue pimps, brothels, and customers. Learn about the law's potential and pitfalls.

Killing medical professionals on the job now an aggravating factor. PA 096-1475

November
2010
Illinois Law Update
Page 564
The Criminal Code of 1961 has been amended to add an aggravating factor that can result in natural life imprisonment for a criminal offender. (720 ILCS 5/9-1)

Minimum penalty enacted for traffic offenses. PA 096-1462

November
2010
Illinois Law Update
Page 564
The Illinois Vehicle Code has been amended to include a minimum penalty for traffic offenses. 625 ILCS 5/16-104e.

New requirements for students’ self-administration of asthma medication or epinephrine. PA 096-1460

November
2010
Illinois Law Update
Page 564
The School Code has been amended to revise the authorization requirements for students' self-administration of asthma medication or epinephrine auto-injectors in schools. 105 ILCS 5/22-30.

New “substance of dispute” arbitration rules. PA 096-1476

November
2010
Illinois Law Update
Page 564
The general assembly has amended the Uniform Arbitration Act. (710 ILCS 5/8).

Penalties stiffened for drunken supervisors of minors driving vehicles. PA 096-1237

November
2010
Illinois Law Update
Page 564
Supervisors of minors driving with instruction permits are now subject to stricter penalties if they use alcohol or drugs while accompanying or instructing the minors. (625 ILCS 5/11-507)  

Added fines for failure to appear. PA 096-1431

October
2010
Illinois Law Update
Page 508
The Code of Criminal Procedure of 1963 was amended affecting those persons subject to bail bond. (725 ILCS 5/110-7)

Changes in forms of property tax payment. PA 096-1250

October
2010
Illinois Law Update
Page 508
The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).

Greater protection for Illinois employees; new penalties when employers fail to pay. PA 096-1407

October
2010
Illinois Law Update
Page 508
Illinois lawmakers have put into place greater security measures for Illinois employees who are not receiving their wages.

Greater security of parental rights regarding appointed guardianship. PA 096-1338

October
2010
Illinois Law Update
Page 508
The Probate Act of 1975 has been amended to safeguard parental rights. (755 ILCS 5/11-5)

Stiffer monitoring of sex offender information. PA 096-1104

October
2010
Illinois Law Update
Page 508
While sex offenders have previously been required to report accurate information about their place of residence and employment, Illinois lawmakers have added required elements of identification to the list. (730 ILCS 150/3).

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