2023 Articles

The Illinois General assembly enacted the Equity and Representation in Health Care Act. The Act’s purpose is to recognize and address barriers that have prevented proportional representation by race, ethnicity, language, gender, sexual orientation, gender identity, and disability status in the health care provider community.

On Aug. 29, 2023, the Fourth District of the Illinois Appellate Court held that awarding monthly maintenance to maintain a spouse’s standard of living established during a marriage is proper.

On Nov. 3, 2022, the First District of the Illinois Appellate Court held that a minor was an abused minor where her mother could not keep a person away from the minor despite a protective order against the person.

The Office of the Secretary of State amended the Part titled Procedures and Standards to deter frivolous lawsuits under the Motor Vehicle Franchise Act. In lawsuits where dealers or franchises accuse a manufacturer or distributor of violating the Act, both parties must now pay an increased processing fee of $250 and a refundable $2,500 deposit prior to appearing in front of the Motor Vehicle Review Board.

On Oct. 17, 2022, the Second District of the Illinois Appellate Court held that where a defendant is willing to stipulate to prior convictions that qualify the defendant to be charged as an armed habitual criminal, the names of those convictions should not be admitted.

The Illinois General Assembly amended the Courses of Study Article of the School Code. Bullying is now recognized on the additional bases of physical appearance, socioeconomic status, academic status, pregnancy, parenting status, and homelessness.

The Department of Financial and Professional Regulation adopted amendments to the Cannabis Regulation and Tax Act, requiring the department to issue at least 50 additional conditional adult-use dispensing-organization licenses by lottery on or before Dec. 21, 2022.

The Illinois General Assembly amended the Juvenile Court Act of 1987. The amendment ensures that juveniles in the care of the Department of Children and Family Services (DCFS) continue to receive services when facing the possibility of juvenile detention.

The Illinois General Assembly enacted the Tow Notice Act. This Act governs the removal of operable vehicles from real property following a property owner’s specific request where the vehicle owner has a written parking agreement with the property owner.

The Illinois Department of Financial and Professional Regulation adopted a new Part titled the Consumer Legal Funding Act. The Act creates new requirements for licensed consumer legal funding companies.

The Illinois General Assembly enacted the Private Primary Residential Flood Act. The Act regulates private insurers offering primary residential flood insurance to consumers. All insurers must notify and obtain the approval of the Department of Insurance at least 30 days before writing a residential flood insurance policy within the state.

The Illinois General Assembly enacted the Fair Food and Retail Delivery Act. It places limits on third-party delivery services’ interactions with merchants. Third-party delivery services may no longer utilize a merchant’s name, likeness, registered trademark, or intellectual property, or process orders without the merchant’s permission in writing.

The Department of Public Health adopted amendments to the Manufactured Home Installation Code. The amendments require all licensed manufactured home installers with a current Department of Housing and Urban Development (HUD) installer’s license to complete three hours of Illinois-specific training when or before their HUD continuing education training is due, beginning Jan. 1, 2025.

On Feb. 17, 2023, the Illinois Supreme Court held that a trial court did not abuse its discretion when it declined a defendant’s proposed jury instruction that was not an accurate statement of the law.