2009 Articles

On February 27, 2009, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Adams County granting summary judgment in favor of the defendant, finding that the parties' lease agreement obligated the plaintiff, a commercial landlord, to replace the leased property's roof, and provided the defendant with the right to offset rent payments with the cost of replacing the roof. 

On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).

Illinois lawmakers have amended the Illinois Insurance Code to include a new section requiring that the Department of Insurance develop a consumer fact sheet regarding identity theft insurance.

The Illinois General Assembly amended the Illinois Municipal Code by changing Sections 1-2.2-20 and 11-5-9. 65 ILCS 5/1-2.2-20, 11-5-9. 

Illinois lawmakers have amended the Energy Assistance Act to add a new section creating the Percentage of Income Payment Plan (PIPP), intended to help low-income residential customers pay their utility bills. 305 ILCS 20/18. 

Illinois lawmakers have amended the Motor Vehicle Franchise Act to specify a manufacturer's obligation to a dealer when a franchise relationship ends.

The Illinois General Assembly has amended the Illinois Insurance Code (Code) and the Health Maintenance Organization Act to provide for circumstances in which employees who are terminated or whose hours fall below the minimum hours necessary for coverage may continue to be covered under a group policy or group HMO coverage plan. 

Illinois lawmakers created the Access to Religious Ministry Act of 2008 to ensure that religious workers have reasonable access to immigration-related detainees held in county jails in the state of Illinois. 730 ILCS 125/26.  

The Department of Human Services Act has been amended to require state agencies to provide the families and children of incarcerated parents with information about how to obtain social services. 

Illinois law makers amended sections 607 and 609 of the Illinois Marriage and Dissolution of Marriage Act, defining visitation and instructing courts on how to consider electronic communication when determining parental visitation rights.

The Illinois Municipal Code has been amended by modifying section 5/11-19-1 to add new language concerning the awarding of waste collection franchises. 65 ILCS 5/11-19-1. 

On December 2, 2008, the Illinois Supreme Court affirmed the judgment of the Illinois Appellate Court, Third District, which affirmed the decision of the Circuit Court of Peoria County to allow the state to impeach a defendant with certified copies of his prior juvenile adjudications.

On July 24, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, holding that the trial court did not err when it deferred ruling on the defendant’s motion in limine until after he testified.  

To ensure that public and private agencies are cognizant of and meet minimum safety standards related to vehicle construction, the Department of Transportation made several amendments to Parts 440 and 442 of Title 92 of the Illinois Administrative Code.

On March 27, 2009, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Henry County, which granted the defendants' motions to dismiss, holding that two subsections of the DUI statute enacted by PA 94-329 were not embodied in the DUI law, 625 ILCS 5/11-501 (2006), at the time the offenses were alleged to have been committed.