This year, Municipal Minute will be counting down to the New
Year with updates on legislation that will be effective starting on January 1,
2026.
Public Act
104-0048 amends the Township Code to provide more flexibility in
township-owned open spaces. Township open land refers to the land and water
held by townships for preservation, recreation, and natural conservation
purposes. The definition of “open land” was revised to include any area of land
or water with an area of twelve acres or more (previously 50 acres or more).
Expansion of the definition of “open land” to include smaller parcels will
allow
Continue Reading The New Year Countdown – Township Open Spaces
The New Year Countdown – Local Government Lift-Assist Services
This year, Municipal Minute will be counting down to the New
Year with updates on legislation that will be effective starting on January 1,
2026.
Public Act
104-0057 amends the Municipal Code and the Fire Protection District to
allow municipalities and fire protection districts to collect reasonable fees
from assisted living facilities and nursing homes to cover lift assistance
services provided to residents of these facilities. Lift-assist service fees
can be imposed for every service after the sixth service provided to that
specific facility in one year.
A lift assist service is a response by first responders in
order to
Continue Reading The New Year Countdown – Local Government Lift-Assist Services
The New Year Countdown – Amendments Relating to Public Safety
This year, Municipal Minute will be counting down to the New
Year with updates on legislation that will be effective starting on January 1,
2026. Three “public safety” related Acts are summarized below:
Public
Act 104-0158 amends the Illinois Police Training Act to require applicants
for law enforcement positions at law enforcement agencies to direct all
previous employers to produce employment records including performance history,
investigations, examinations, and civil and criminal background investigation
materials. Previous employers receiving a request for an applicant’s records
must furnish a complete file of these records and, with limited exceptions for
financial and personal identifying
Continue Reading The New Year Countdown – Amendments Relating to Public Safety
The New Year Countdown – Illinois Student and Equity Act Expansion
This year, Municipal Minute will be counting down to the New
Year with updates on legislation that will be effective starting on January 1,
2026.
The Retention of Illinois Students and Equity Act provides
that students who are Illinois residents and are not eligible for federal
financial assistance (such as certain undocumented students and transgender
students) are eligible to apply for all forms of state financial aid. Public Act
104-0164 was passed to expand student eligibility to include assistance,
aid, or benefits offered by units of local government. These students are now
eligible to apply for assistance programs provided by
Continue Reading The New Year Countdown – Illinois Student and Equity Act Expansion
The New Year Countdown – Libraries Required to Stock Opioid Antagonists
This year, Municipal Minute will be counting down to the New
Year with updates on legislation that will be effective starting on January 1,
2026.
Back
in June, we reported on House
Bill 1910, which amends the Local Library Act to require “libraries open to
the public” to maintain a supply of approved “opioid antagonists,” such as
Naloxone (Narcan), for use in assisting individuals experiencing an opioid
overdose. On August 1, 2025, the Governor signed this bill into law as P.A. 104-0056, which will become effective on January 1, 2026.
Under this law, libraries created under the
Continue Reading The New Year Countdown – Libraries Required to Stock Opioid Antagonists
Court Dismisses Lawsuit Challenging Validity of Constitutional Amendment Election
In a recent election contest
lawsuit, an Illinois Appellate Court upheld the dismissal of a challenge to a 2022 constitutional amendment election. Weckbacher,
et al. v. Watson, et al.
After a constitutional amendment
was passed by Illinois voters at the 2022 general election (the Workers Rights Amendment that incorporated employee rights to collectively organize and bargain into Article I of the Illinois constitution), a group of
plaintiffs sued the State Board of Elections (Board) to invalidate the
election. Plaintiffs’ lawsuit argued the ballot used in the election, and
approved by the Board, was illegal because it did not print
Continue Reading Court Dismisses Lawsuit Challenging Validity of Constitutional Amendment Election
Supreme Court Declines to Hear Appeal in Library Book Removal Case
Earlier this year, we reported on a Fifth Circuit Court of Appeals case that dismissed a First Amendment lawsuit brought by library patrons against a Texas library after the library removed 17 books because of their content. Two of the books the library removed were “Larry the Farting Leprechaun” by Jane Bexley and “My Butt is so Noisy!” by Dawn McMillian. The patrons argued that the library’s removal of books based on their content violated their right to receive information under the free speech clause. The district court agreed and issued a preliminary injunction against the library, but the Fifth Circuit
Continue Reading Supreme Court Declines to Hear Appeal in Library Book Removal Case
Court Dismisses Discrimination Charge relating to Code Enforcement Action
An Illinois Appellate Court ruled in favor of a municipality in a housing discrimination case that had been dismissed for lack of substantial evidence by the Illinois Department of Human Rights. Schoff v. Illinois Human Rights Commission.
The owners of a single family home provided short-term housing. When the village discovered the home was being used for short-term rentals (which use was prohibited by ordinance), it brought an administrative enforcement action against the owners. The owners responded by requesting a reasonable accommodation under the Illinois Religious Freedom Restoration Act (RFRA) to continue to provide short term housing, arguing that they
Continue Reading Court Dismisses Discrimination Charge relating to Code Enforcement Action
PAC Finds that Imposing a "Redaction Charge" Violates FOIA
The Illinois Attorney General’s Public Access Counselor’s (PAC) office released its 14th opinion for 2025 finding a public body in violation of FOIA for charging a fee for redaction of responsive records. PAC Op. 25-014.
An individual filed a FOIA request with a police department seeking copies of body camera footage relating to an incident he was involved in. The police department responded that it had responsive video that had to be redacted and that the requester would have to submit payment in advance in the amount of $2.58 per minute for redactions, totaling $696.60. The requester then filed
Continue Reading PAC Finds that Imposing a "Redaction Charge" Violates FOIA
Quorum Forum Podcast – New Laws for the New Year
Ancel Glink’s Quorum Forum Podcast released Episode 99: New Laws for the New Year, which is summarized below:
Farewell, 2025—and a warm welcome to the New Year! In this
holiday episode, the Quorum Forum podcast hosts its annual tradition of
revisiting new legislation and case law that local government listeners should
know for 2026. Ancel Glink attorneys Erin Monforti, Katie Nagy and Alexis Carter captained teams
of Ancel Glink attorneys in a competition to leave the most messages about new
laws on the Quorum Forum hotline. Who will win? Our listeners, of course! The
episode provides critical updates
Continue Reading Quorum Forum Podcast – New Laws for the New Year
Court Upholds City’s Response to FOIA that No Records Exist
In 2023, a requester
submitted several FOIA requests to a city police department seeking law
enforcement records regarding himself. The city’s response letter denying the request stated that (1) the records were exempt under 7(1)(a) and (2) “NO RECORDS FOUND.” The requester then sued the city claiming it improperly withheld responsive records to his requests in violation of FOIA. The city filed a motion to dismiss which acknowledged that the city’s response should have only noted that the city had no responsive records rather than citing a FOIA exemption. The circuit court granted the city’s motion and dismissed the case
Continue Reading Court Upholds City’s Response to FOIA that No Records Exist
Appellate Court Upholds $14,500 Fine for Building Code Violations
An Illinois Appellate Court upheld an administrative hearing officer’s decision to issue a $14,500 fine for ongoing and unresolved building code violations in Thakkar v. City of Aurora.
After a city inspector conducted an inspection of a home, the city’s code hearing officer issued a citation relating to 26 code violations. The city scheduled a reinspection of the home, which found that 14 violations had been resolved but 12 violations remained. The hearing officer issued a fine of $500 per day until the 12 violations were cured. After further inspections, the hearing officer ultimately fined the homeowner $14,500. The
Continue Reading Appellate Court Upholds $14,500 Fine for Building Code Violations
99: New Laws for the New Year
Farewell, 2025—and a warm welcome to the New Year! In this
holiday episode, the Quorum Forum podcast hosts its annual tradition of
revisiting new legislation and case law that local government listeners should
know for 2026. Ancel Glink attorneys Erin Monforti, Katie Nagy and Alexis Carter captained teams
of Ancel Glink attorneys in a competition to leave the most messages about new
laws on the Quorum Forum hotline. Who will win? Our listeners, of course! The
episode provides critical updates on laws taking effect (or possibly taking
effect) in 2026, including Open Meetings Act amendments, Freedom of Information
Act
Continue Reading 99: New Laws for the New Year
In the Zone: Court Upholds Revocation of Conditional Use Permit for Beer Garden
The Seventh Circuit Court of Appeals upheld a district court’s denial of an injunction against a planning and development committee that had revoked a conditional use permit to operate an outdoor beer garden. Minocqua Brewing Company v. Daniel Hess.In 2021, the owner of a microbrewery and pub applied for and was issued an administrative permit allowing the operation of a retail outlet accessory to the brewery. That permit expressly prohibited any outdoor operations. A year later, the owner applied for a conditional use permit to operate an outdoor beer garden which would require use of land owned by the
Continue Reading In the Zone: Court Upholds Revocation of Conditional Use Permit for Beer Garden
Governor Signs Bill Amending OMA and FOIA
We reported on SB 243 a couple of weeks ago which proposed various amendments to the Open Meetings Act and FOIA and that had been approved by both the senate and house of the Illinois General Assembly. The bill was just signed by the Governor last week and became P.A. 104-0438. A brief summary of the changes that will take effect on January 1, 2026 is below:
1. Meetings of Public Bodies Prohibited on Election Day
2. Military Service Added as a Reason for Remote Meeting Attendance
3. Township OMA Training Option Available
4. Immunity for Public Officers and
Continue Reading Governor Signs Bill Amending OMA and FOIA
Illinois Supreme Court Grants Immunity to School District
In Haase v. Kankakee School District, the Illinois Supreme
Court considered whether a school district and its employees were
entitled to immunity for a student injury under the Local Governmental and Governmental Employees
Tort Immunity Act (“Tort Immunity Act”).
A parent sued a school district on behalf of his son who was
injured during gym class. According to the complaint, the gym teacher walked
the students through warmup activities and provided basketball and soccer balls
to the students. The gym teacher then went to sit in the corner of the gym and
began using his laptop. The complaint alleges
Continue Reading Illinois Supreme Court Grants Immunity to School District