Publications

Articles From 2012

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New additions to the Illinois State Lottery’s Internet pilot program. PA 097-1121.

December
2012
Illinois Law Update
Page 632
The General Assembly has made additions and changes to its Illinois Lottery Internet pilot program, intended to take advantage of the growing Internet market by selling lottery tickets online. 20 ILCS 1605/7.12.

New anti-party switching law applies to independents

By Adam W. Lasker
June
2012
LawPulse
Page 286
A new law forbids someone who took a partisan primary ballot from running as an independent in the general election – even those who pulled the ballot in the March primary, before the law was enacted.

New cases every real-estate lawyer should read

By Adam W. Lasker
September
2012
LawPulse
Page 458
Real-estate practitioners should be sure to read recent decisions on the duty of title insurers, the content of mortgage documents, and recording of deeds and mortgages.

New categories of violent offenses against youth. PA 097-0432

June
2012
Illinois Law Update
Page 292
The Child Murderer and Violent Offender Against Youth Registration Act has been amended to introduce three new categories that define violent offenses against youth (730 ILCS 154/5).

New discounts for uninsured patients. PA 097-0690

August
2012
Illinois Law Update
Page 404
The Fair Patient Billing Act has been amended to expand an uninsured patient's eligibility for discounted medical services (210 ILCS 89/10).

New election law limits party switching. PA 097-0681

July
2012
Illinois Law Update
Page 352
Illinois lawmakers have amended the Election Code to prohibit political candidates from switching parties during an election cycle (10 ILCS 5/7-43).

New guidelines for disclosing mental health records. PA 097-0515

July
2012
Illinois Law Update
Page 352
The Mental Health and Developmental Disabilities Confidentiality Act has been amended to provide guidelines for the disclosure of treatment and coordination of care (740 ILCS 110/9.4 new).

New limitations on restraints for pregnant and postpartum prisoners. PA 097-0660

March
2012
Illinois Law Update
Page 132
The Counties Code has been amended to introduce new limitations on the restraint of pregnant, laboring, and postpartum prisoners (55 ILCS 5/3-15003.6).

New Long-Term Care Medicaid Rules Finally Come to Illinois

By Diana Law and William Siebers
January
2012
Article
Page 30
Effective January 1, Illinois finally brought its Medicaid rules for long-term care into compliance with federal requirements. The new rules make it harder for Illinois long-term care recipients to protect their assets while preserving Medicaid eligibility. Here's what you need to know.

New Medicaid law will limit estate-planning, other options

By Adam W. Lasker
September
2012
LawPulse
Page 458
The new Medicaid law means tighter regulations, higher costs, and reduced coverage for recipients, a family lawyer observes.

New open-meetings law: is hard-copy posting of agendas still required?

By Adam W. Lasker
September
2012
LawPulse
Page 458
A new law says Internet postings of meeting agendas fulfill the Open Meeting Act's 48-hour notice requirement - but governmental bodies still must post paper copies of agendas, the law's sponsor says.

New parole and probation condition for meth-related convictions. PA 097-0560

May
2012
Illinois Law Update
Page 240
The Unified Code of Corrections has been amended to introduce a new condition of parole, supervised release (730 ILCS 5/3-3-7), probation, and conditional discharge (730 ILCS 5/5-6-3) following methamphetamine-related convictions.

New procedure for authorizing the release of a deceased patient’s health care records. PA 097-0623

February
2012
Illinois Law Update
Page 76
The Code of Civil Procedure has been amended to introduce a new procedure for authorizing the release of a deceased patient's records (735 ILCS 5/8-2001.5 new).

New registration requirements for sex offenders. PA 097-0578

January
2012
Illinois Law Update
Page 16
Illinois lawmakers have amended the Sex Offender Registration Act to introduce new retroactive registration requirements for sex offenders and sexual predators. 730 ILCS 150/2 et seq.

New regulations for public utilities that report to credit reporting agencies. PA 097-0821

October
2012
Illinois Law Update
Page 520
The General Assembly has amended The Public Utilities Act to add new regulations for public utilities that report to credit reporting agencies.

New remedies for storage facility owners. PA 097-0599

August
2012
Illinois Law Update
Page 404
The Self-Service Storage Facility Act has been amended to provide storage facility owners with new guidelines regarding liens and late fees (770 ILCS 95/2).

New rules for hound running areas

June
2012
Illinois Law Update
Page 292
The Department of Natural Resources (the “Department”) recently added new regulations governing hound-running areas. 17 Ill. Adm. Code 970.

New rules for prosecuting local ordinance violations

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
The new supreme court rules bring consistency to ordinance violation proceedings around the state, a proponent says.

A New Tool for Federal Legislative Research

By Tom Gaylord
November
2012
Column
Page 612
Congress.gov will soon succeed THOMAS as the go-to site for federal legislative research.

No mailbox rule under § 19(f)(1) of the Workers’ Compensation Act

May
2012
Illinois Law Update
Page 240
The mailbox rule does not apply when determining whether the 20-day requirement for commencing an action under section 19(f)(1) of the Workers' Compensation Act is met.

No rehiring rights for laid-off Chicago teachers

By Adam W. Lasker
April
2012
LawPulse
Page 178
Unlike teachers outside Chicago, tenured Chicago public school teachers have no right to be rehired after they are laid off for economic reasons, the Illinois Supreme Court rules.

Nominate Yourself for an ISBA Committee or Section

By John E. Thies
January
2012
Column
Page 7
Our ISBA Family Invites You to Join an ISBA Committee or Section

Noncompetition and nonsolicitation covenants ruled enforceable

October
2012
Illinois Law Update
Page 520
On July 17, 2012, the fourth district appellate court held as a matter of law that noncompetition and nonsolicitation covenants between a tax preparation service and tax preparer for two and one years, respectively, were enforceable even if the tax preparer only agreed to work for 104 days.

Offer of tender must include post-judgment interest

February
2012
Illinois Law Update
Page 76
An offer of tender that does not include payment of accrued post-judgment interest is not sufficient and, therefore, does not stop the accrual of additional post-judgment interest according to the Illinois First District Appellate Court.

Offers to pay medical expenses excluded for purposes of showing liability

May
2012
Illinois Law Update
Page 240
A defendant's offer to pay a plaintiff's medical expenses is inadmissible when offered to prove the defendant's liability for the plaintiff's injuries. According to an Illinois Appellate Court ruling on March 5, 2012, the Illinois Code of Civil Procedure and the more recent adoption of the Illinois Rules of Evidence block the aforementioned evidence.

One optometrist position will be added to the Illinois State Board of Health. PA 097-0810

October
2012
Illinois Law Update
Page 520
Lawmakers have added an additional position to the Illinois State Board of Health.

Online dating sites must indicate whether they perform criminal background checks. PA 097-1056

November
2012
Illinois Law Update
Page 580
State lawmakers have amended the Consumer Fraud and Deceptive Business Practices Act to further protect online daters (815 ILCS 505/2MMM new).

Paying for Long-Term Care in Illinois

By William Siebers and Zach Hesselbaum
October
2012
Article
Page 536
There are five ways to pay for long-term care in Illinois. This article discusses all five and brings you the latest on the ever-shifting Medicaid and Veterans' Administration rules.

Perception is Reality: Recusal and Judicial Campaign Contributions

By Maria Kantzavelos
September
2012
Article
Page 468
An ISBA special committee is exploring the role of campaign contributions in judicial elections and whether recusal standards should be changed.

Pharmacy practice now includes vaccinating some children. PA 097-1043

December
2012
Illinois Law Update
Page 632
Section 3 of the Pharmacy Practice Act has been amended to include vaccines for children ages 10 to 13 in the definition of "Practice of Pharmacy." 225 ILCS 85/3.

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