2018 Articles

The Illinois Vehicle Code is amended to allow the court to give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.

The Secretary of State is now able to waive written exams for issuances of a commercial driver's license for applicants that qualify and are eligible for military service.

On May 29, 2018, the Third District Appellate Court of Illinois denied a defendant's motion to dismiss for noncompliance with the Illinois Code of Civil Procedure's section 205, stating timely requirements and untimely limitations.

The Illinois Appellate Court held that the Gestational Surrogacy Act is inapplicable when there is a biological connection between the parent and the child.

On February 27, 2018, the Appellate Court of Illinois for the First District held that a person found not not guilty of a sex offense, even on the basis of unfitness, falls within the purview of the Sex Offender Registration Act ("SORA") and is required to register.

The Fourth District Appellate Court reversed and remanded a case with instructions for a new sentencing hearing.

The Department of Corrections (DOC) and Illinois Housing Development Authority (IHDA) have implemented a system to aid former inmates as they transition to the community.

The Illinois Department of Veterans' Affairs Act is amended by adding a section regarding veterans' homes, complaints, and communicable disease reports.

Amendments to the Achieving a Better Life Experience (ABLE) Account Program (74 Ill. Adm. Code 722 (effective May 23, 2018)) clarify that the parents of an adult with a disability can manage ABLE accounts on behalf of their child without appointment by a court.

Under the discovery rule, does the clock start when the harm is discovered or when a plaintiff discovers that the harm was "wrongfully caused"? The first district held that the former is more correct.

The Secretary of State ("SOS") has also adopted several electronic payment amendments to: Collections of Fees (92 Ill. Adm. Code 1003), Certificates of Title, Registration of Vehicles (92 Ill. Adm. Code 1010), Remittance Agents (92 Ill. Adm. Code 1019) and Cancellation, Revocation or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040) (eff. Dec. 19, 2017).

The adopted amendment changes eligibility requirements for the state-funded option of subsidized guardianship.

Under an amendment to the Illinois Wage Payment and Collection Act, employers must reimburse employees for all necessary expenditures or losses incurred by employees.

Amendments were adopted to the Income Tax regulations (86 Ill. Adm. Code 100) (eff. Mar. 21, 2018) implementing Public Act 100-303 and requiring all employers and payroll providers who withhold Illinois income tax for employees to file their W-2 forms and returns for employee withholding taxes either electronically or using the same magnetic media used for their federal income tax filings.

The Department of Transportation adopted amendments to the Hours of Service Drivers of the Motor Carrier Safety Regulations (92 Ill. Adm. Code 395) (eff. Mar. 14, 2018) expanding the exemptions to the hours of service requirement for drivers of commercial vehicles.

This amendatory act establishes an Entrepreneur Learner's Permit pilot program that shall be administered by the Department of Commerce and Economic Opportunity.