Subject Index Legislation

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).

Stricter monitoring of sex offenders travel. PA 096-1102

October
2010
Illinois Law Update
, Page 508
Illinois lawmakers have acted to further monitor the movements and location of sex offenders in Illinois. (730 ILCS 150/3).

Third-party clients of licensed day and temporary labor service agencies face stiffer penalties for failure to meet their agreements. PA 096-1185

October
2010
Illinois Law Update
, Page 508
A third-party client is now legally responsible to pay wages and payroll taxes to licensed day and temporary labor service agencies for the services performed according to the terms in the respective invoices and agreements. (820 ILCS 175/30). 

Amendment to the Trusts and Trustees Act regarding lapse of power to withdraw. PA 096-0980.

September
2010
Illinois Law Update
, Page 452
According to Illinois lawmakers, even if a beneficiary of a trust releases or waives his or her power to withdraw or allows it to lapse, the beneficiary still may not be considered to be a settlor or to have made a transfer to the trust. (755 ILCS 5/16.2)

Disabled persons now protected under the Home Repair Fraud Act. PA 096-1026

September
2010
Illinois Law Update
, Page 452
The Illinois General Assembly has passed a bill making it a felony for anyone to commit fraud in connection with a home repair project undertaken to aid a disabled person. (815 ILCS 515/5)

Distributions By a Business Entity - Cautions for Owners and Their Counsel

By Sherwin D. Abrams
September
2010
Column
, Page 484
Make sure your business clients aren't opening themselves to disgruntled claimants.

Illinois motorists face stiffer penalties for driving recklessly near bicyclists. PA 096-1007

September
2010
Illinois Law Update
, Page 452
Illinois bicyclists have been provided greater protection through recent changes to the Illinois Vehicle Code. (625 ILCS 5/11-703).

Increased minimum awards for surviving spouses of a deceased Illinois resident. PA 096-0968

September
2010
Illinois Law Update
, Page 452
Illinois lawmakers have granted surviving spouses a larger minimum award from the estate of the deceased. (755 ILCS 5/15-1) 

Mandatory unemployment insurance disclosure by not-for-profit employers. P.A. 096-0970

September
2010
Illinois Law Update
, Page 452
The Illinois General Assembly has amended the General Not-For-Profit Corporation Act of 1986, requiring not-for-profit corporations to inform their employees by written notice or in their employment contract that they are not eligible for unemployment insurance benefits.  

The New, Improved Home Repair and Remodeling Act

By Adam B. Whiteman
September
2010
Article
, Page 462
ISBA-inspired changes specify that a homeowner's remedy for an HRRA violation is to sue under the Consumer Fraud and Deceptive Business Practices Act.

Reinstatement of real estate license. PA 096-0989

September
2010
Illinois Law Update
, Page 452
The Real Estate License Act has been amended to enable managing broker licensees, brokers, and leasing agents more flexibility in renewing their license. (225 ILCS 454/5-50) 

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