2023 Articles

The Illinois State Police (ISP) amended the Part titled Firearm Owner’s Identification Card Act. The amendment clarifies the processes an individual must take to appeal a denied, suspended, or revoked Firearm Owner’s Identification (FOID) Card.

The Illinois General Assembly amended the Civil Administrative Code of Illinois. The amendment allows those professionals—including physicians, registered nurses, physical therapists, and other licensed professionals—who held temporary out-of-state permits and temporary reinstatement permits issued by the Department of Financial and Professional Regulation in response to COVID-19 to continue practicing if they submitted the proper applications by May 11, 2023.

The Department of Public Health adopted the CLEAR-Win Program Code, implementing the Comprehensive Lead Education, Reduction and Window Replacement Program Act (CLEAR-Win) to assist property owners in reducing the lead hazards in single-family homes and rental properties.

On March 23, 2023, the Illinois Supreme Court held that the curtilage of the home is not a “public place of accommodation” under section 12-3.05(c) of the Criminal Code to enhance a simple battery offense to aggravated battery.

On March 31, 2023, the First District of the Illinois Appellate Court held that summary judgment was inappropriate where a reasonable jury could find that a casino’s response to an employee’s sexual harassment claim was not reasonably corrective.

On Nov. 14, the Fourth District of the Illinois Appellate Court held that the doctrine of res judicata did not bar plaintiffs from refiling a complaint that the plaintiffs voluntarily dismissed four years earlier.

The Illinois General Assembly created the Dog Breed Insurance Underwriting Protection Act. The Act applies to homeowner’s and renter’s insurance policies issued, renewed, modified, altered, or amended after the date the Act went into effect.

The Illinois General Assembly amended the Illinois Plumbing License Law. A licensed plumber must inspect every aspect of a sprinkler system installed by an irrigation contractor, including all piping, fittings, and heads.

The Department of Healthcare and Family Service amended the Part entitled Hospital Services to remove restrictions on payment for repeat drug or alcohol detoxification admissions.

On July 18, 2023, the Illinois Supreme Court held that the Illinois Constitution does not mandate the use of monetary bail and that the SAFE-T Act, which eliminates cash bail, does not violate the Illinois Constitution.

The Illinois General Assembly amended the School Code. Starting in the 2023-24 school year, school board members serving under section 10-10 of the School Code must complete trauma-informed practices training for students and staff during their required professional development leadership training.

The Illinois General Assembly amended the School Code. A teacher who resigns after the conclusion of a school year must do so at least 30 calendar days prior to the commencement of the first student attendance day of the following school year.

The Department of Labor (DOL) adopted amendments to the Part titled Equal Pay in Employment, which implements section 11 of the Equal Pay Act of 2003 (Act). The Act requires Illinois businesses employing more than 100 employees to file annual reports with the U.S. Equal Employment Opportunity Commission to apply for equal-pay registration certificates from the DOL every two years.

On March 23, 2023, the Illinois Supreme Court held that section 301 of the Labor Management Relations Act (LMRA) preempts Biometric Information Privacy Act (BIPA) claims from bargaining unit employees under collective bargaining agreements (CBA).

On June 20, 2023, the First District of the Illinois Appellate Court held that section 65 of the Firearm Concealed Carry Act (“Act”) implicates a public policy that can serve as the grounds for alleging retaliatory discharge.

On May 22, 2023, the Third District of the Illinois Appellate Court held that a signing bonus did not constitute consideration for an employee’s confidentiality and nonsolicitation agreement because the signing bonus was not specifically designated as such.