2014 Articles

Estate Planning and the American Taxpayer Relief Act

By Stephen M. Margolin & Lindsey Paige Markus
February
2014
Article
, Page 92
Thanks to ATRA, a married couple with a properly structured estate can pass more than $10 million free of federal estate tax. But beware income and state-estate tax consequences.
2 comments (Most recent February 26, 2014)

Expanding recording of custodial interrogation, improving eyewitness ID

By Matthew Hector
December
2014
LawPulse
, Page 566
Last year, more crimes were added to the list requiring recording of custodial interrogations, and the criminal code will soon change to reduce the risk of mistaken eyewitness identification.

Expansion of subject matter scope for service contracts

May
2014
Illinois Law Update
, Page 220
The Illinois Service Contract Act is amended to expand the category of things that service contacts may be provided for.

Extra time to pay toll way fees and fines

December
2014
Illinois Law Update
, Page 572
Recent amendments to the State Toll Highway Rules have increased the amount of time that individuals are given to pay tolls, fees, and fines after a final order is entered following a toll violation hearing. 92 Ill. Adm. Code 2520 (eff. Sept. 25, 2014).

Failure to report alleged abuse or neglect is now a Class A misdemeanor

December
2014
Illinois Law Update
, Page 572
The Department of Human Services ("DHS") has amended the regulations governing the investigation of alleged abuse or neglect in healthcare facilities and community agencies that are directly funded by DHS. 59 Ill. Adm. Code 50 (eff. Sept. 10, 2014).

Failure to report sexual abuse of a child

May
2014
Illinois Law Update
, Page 220
The Criminal Code of 2012 has been amended to criminalize the knowing failure to report to law enforcement the sexual abuse of a child by a person over the age of 18.

Family law rewrite still brewing in the General Assembly

By Janan Hanna
April
2014
LawPulse
, Page 162
A proposed 300-page overhaul of Illinois' decades-old marriage and divorce act remains alive in the legislature and continues to evolve in response to stakeholders' concerns.

A Family Lawyer’s Guide to Tending Client Relationships

By Janan Hanna
May
2014
Cover Story
, Page 224
Choosing the right clients and managing their expectations may be the two most important jobs for any family law practitioner.

Federal and Illinois Court Dockets: What’s Online?

By Tom Gaylord
November
2014
Column
, Page 552
Though the feds keep docket information in PACER, electronic Illinois docket info is harder to find.
1 comment (Most recent October 30, 2014)

Federal minimum wage and overtime protection extended to home care workers

By Matthew Hector
November
2014
LawPulse
, Page 518
Soon, in-home care workers will be protected by the FLSA. But will the law's exemptions and exceptions swallow the rule?

Fewer requirements for veterans’ commercial driver’s licenses

July
2014
Illinois Law Update
, Page 320
In applying for a commercial driver's license ("CDL"), military personnel must obtain school bus and passenger endorsements, but they may not be required to complete the pre-trip inspection, vehicle and road driving skills test, and road test. 92 Ill. Adm. Code 1030 (eff. March 28, 2014).

Fictive kin required to apply for licensure as a foster family home

October
2014
Illinois Law Update
, Page 472
Under the Children and Family Services Act, child placements with fictive kin will soon be subject to new requirements.

Fifty-State Surveys: Can They Be Had for Free?

By Tom Gaylord
July
2014
Column
, Page 352
They can if you have the time.

Financial incentives for non-Medicare annuitants who opt out of the State Employees Group Health Plan

January
2014
Illinois Law Update
, Page 16
The Department of Central Management Services ("CMS") has extended the financial incentives for non-Medicare annuitants who opt out of the State Employees Group Insurance. 80 Ill. Adm. Code 2106.

Fines for vehicles driving without a certificate of safety

April
2014
Illinois Law Update
, Page 168
The Illinois Vehicle Code has been amended to institute new fines for persons operating a vehicle on a state highway without an effective certificate of safety displayed, in violation of Illinois Vehicle Code safety inspection requirements.

Fingerprint-based criminal background checks required for medical licensure

October
2014
Illinois Law Update
, Page 472
Regulations concerning the Medical Practice Act of 1987 have been amended to comply with the provisions of Public Act 97-0622, which requires fingerprint-based background checks for individuals seeking medical licenses. 68 Ill. Adm. Code 1285 (eff. Aug. 1, 2014).

Flat rate for Illinois Racing Board occupational licenses

June
2014
Illinois Law Update
, Page 272
Applicants for occupational licenses from the Illinois Racing Board are now subject to paying a blanket annual fee of $25, regardless of job position. 11 Ill. Adm. Code 502 (eff. Mar. 1, 2014).

FOID card procedures revised

April
2014
Illinois Law Update
, Page 168
The Department of State Police (the "Department") amended its Firearm Owners Identification ("FOID") card policies, making changes to the application procedure, expiration of the FOID card, sponsorship of a minor, the return of FOID cards, the process of appealing application denials, and reporting requirements for "clear and present danger." 20 Ill. Adm. Code 1230 (eff. Dec. 31, 2013).

Fraudulent misrepresentation claim concerning construction project is subject to five-year statute of limitations

April
2014
Illinois Law Update
, Page 168
On January 24, 2014, the Illinois Supreme Court held that a fraudulent misrepresentation claim in a contract action for property damage is subject to a five-year statute of limitations.

Gambling facilities now required to withhold winnings for delinquent child support

February
2014
Illinois Law Update
, Page 68
"State gaming licensees" including race track wagering facilities, riverboat gambling facilities, or other licensees that operate facilities at which lawful gambling may take place will now be required by the State to withhold winnings where the winner has past due child support payments.

General Assembly takes action against patent trolls

November
2014
Illinois Law Update
, Page 524
The Consumer Fraud and Deceptive Business Practices Act has been amended to prohibit deceptive patent infringement demand letters.

General procedures and collective bargaining under the Education Labor Relations Board

July
2014
Illinois Law Update
, Page 320
The Illinois Education Labor Relations Board (the "Board") passed amendments relating to its "General Procedures" (80 Ill. Adm. Code 1100), "Collective Bargaining and Impasse Resolution" (80 Ill. Adm. Code 1130), the "University of Illinois Bargaining Units" (80 Ill. Adm. Code 1135), and "Representation Procedures" (Ill. Adm. Code 1110).

Good Is Not So Bad

By Karen Erger
April
2014
Column
, Page 198
Perfectionism won't make you perfect. In fact, it might actually inhibit your performance.

The Good Samaritan Act does not immunize physicians providing services on a compensated basis, regardless of whether the patient is billed

June
2014
Illinois Law Update
, Page 272
On March 20, 2014, the Illinois Supreme Court, as a matter of first impression, held that the term "fee" in the Good Samaritan Act includes a doctor's hourly compensation, including instances where the doctor is paid but the patient is not directly billed for the services provided.

Good Samaritan Act doesn’t shield on-duty emergency doctors

By Janan Hanna
May
2014
LawPulse
, Page 214
A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.

Government charge card program terminated

August
2014
Illinois Law Update
, Page 372
As of May 23, 2014, the Government Charge Card program ("program") has been discontinued. 80 Ill. Adm. Code 2800.

Gradual increase in park employee service annuity contributions

August
2014
Illinois Law Update
, Page 372
Park employee service annuity contributions will increase from 6.5% of the employee's salary to 8% beginning January 1, 2015. The contribution rate will further increase to 9% beginning January 1, 2017, and 10% on January 1, 2019.

Guardians may act as proxies for purposes of the Illinois Marriage and Dissolution of Marriage Act

November
2014
Illinois Law Update
, Page 524
Under the Illinois Marriage and Dissolution of Marriage Act, if the guardian of a ward's estate or person petitions a court on behalf of the ward, the court may permit the guardian to file for dissolution of marriage, legal separation, or declaration of invalidity for the dissolution of a marriage.

Guidance on income tax credits and sourcing of nonbusiness income

September
2014
Illinois Law Update
, Page 424
The Department of Revenue has adopted several revisions to the regulations governing the state income tax. 86 Ill. Adm. Code 100 (eff. June 19, 2014).

Heightened bilingual education requirements in elementary schools

December
2014
Illinois Law Update
, Page 572
The State Board of Education ("SBE") has adopted amendments to the regulations governing Transitional Bilingual Education in order to implement English language development standards in elementary education. 23 Ill. Adm. Code 228 (eff. Sept. 29, 2014).