2021 Articles

The Department of Human Services adopted amendments to replace emergency rules that were in place April 2021. The amendments provide for a new round of Child Care Restoration Grants for child care providers.

The Department of Commerce and Economic Opportunity (DCEO) adopted a new Part titled Local Coronavirus Urgent Remediation Emergency (Local CURE) Support Program. The Part implements the Local CURE Support Program, which distributes federal relief funds from the CARES Act to units of local government.

The Illinois Racing Board adopted an amendment in its implementation of the Illinois Horse Racing Act. The amendment intends to make claiming races more competitive for horsemen with smaller stables.

The Department of Public Health (IDPH) adopted amendments to the Control of Communicable Diseases Code, setting new standards for the control of cases and contacts for coronavirus diseases like COVID-19, Severe Acute Respiratory Syndrome (SARS), and Middle Eastern Respiratory Syndrome (MERS).

The Illinois General Assembly amended the Code of Civil Procedure by modifying rules for interest on judgments. In all civil actions seeking recovery from personal injury or wrongful death through negligence, strict liability, wanton or willful misconduct, or intentional conduct, the plaintiff is entitled to recover prejudgment interest on all damages

The Department of Employment Security (IDES) adopted amendments to the Unemployment Insurance Act in response to the economic downturn caused by the COVID-19 pandemic. Aimed at expediting the benefits disqualification process, these amendments authorize educational institutions to provide the IDES with a list of employees who do not qualify for unemployment insurance benefits.

On March 17, 2021, the Fourth District of the Illinois Appellate Court held that a defendant’s nonverbal consent to a police search must be unambiguously clear.

The Nursing Home Care Act is amended to update the procedures for obtaining informed consent from nursing home residents prior to administering psychotropic medication.

The Department of Public Health adopted several amendments to the Skilled Nursing and Immediate Care Facilities Code, implementing the Nursing Home Care Act. The amendments grant the department increased oversight of nursing homes, including increased penalties for violations of the Code and new procedures for obtaining informed consent for the administration of psychotropic drugs.

On Feb. 18, 2021, the Fifth District of the Illinois Appellate Court held that one-sided arbitration clauses are not per se unconscionable; instead, unconscionability hinges on the totality of the circumstances.

The Department of Revenue adopted a new Part titled Leveling the Playing Field for Illinois Retail Act, imposing state and local taxes on out-of-state online retailers and marketplace facilitators. The changes seek to “level the playing field” between Illinois-based retailers and remote retailers.

This Act amends the Code of Civil Procedure. It provides that anything said or done in preparation of a restorative-justice practice, as a follow-up to the practice, or in relation to the practice having been planned is privileged information.

The Illinois General Assembly amended the Illinois Health Facilities Planning Act by adding a new section titled “Re-establishing discontinued general acute care hospital.”

On March 31, 2021, the First District of the Illinois Appellate Court found that a Freedom of Information Act (FOIA) request for 28,000 sheets of documents requiring a possible 86-day workload was not unduly burdensome when weighed against its possible value to the public.

On Aug. 9, 2021, the First District of the Illinois Appellate Court affirmed a circuit court’s judgment that the City of Chicago did not owe a duty to the plaintiff to maintain a service path.

On June 3, 2021, the Second District of the Illinois Appellate Court held that a new trial is warranted because a police officer impermissibly testified to his opinion on whether a crime occurred.

On Dec. 7, 2020, the Third District of the Illinois Appellate Court held that a police officer’s request of a driver’s license after the original reason for the traffic stop had dissipated did not unreasonably prolong the stop to the extent of constituting an unreasonable search and seizure.

On Dec. 22, 2020, the First District of the Illinois Appellate Court dismissed an appeal as untimely, holding that a postjudgment motion substantively attacking the complaint instead of the judgment lacks tolling power for appeals purposes.

The Illinois General Assembly adopted the Student-Athlete Endorsement Rights Act in response to the U.S. Supreme Court holding that the NCAA cannot restrict student athlete compensation.