The New Year Countdown – Addition to Capital Development Board Act and more...

The New Year Countdown – Addition to Capital Development Board Act

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 104-0313 makes an addition to the Capital Development Board Act. This new section provides that units of local government cannot enforce ordinance or permitting requirements against the construction, reconstruction, improvement, or installation of a State facility. There are two exceptions, municipalities may enforce: 1) ordinances or permitting requirements of sanitary and municipally owned wastewater systems, and 2) rules or regulations related to environmental protection.

The New Year Countdown – Township Open Spaces

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 townships to preserve and maintain publicly held land for the benefit of future generations and otherwise promote the conservation of the environment.

This amendment also provides that a Township Board may not sell, convey, donate, or otherwise dispose of any part of open space without first passing a referendum approved by a majority of the voters of the township at a regular election.

Post authored by Alexis Carter, Ancel Glink

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 lift a patient from their current position to a desired position. While these lifts do not occur in response to a request for an ambulance ride to the hospital or emergency room, they can still utilize limited resources of municipalities and fire protection districts. This legislation will allow fire protection districts and municipalities to recover some of these costs and alleviate some strains on limited financial resources of government bodies.

Post authored by Alexis Carter, Ancel Glink

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 information, cannot make redactions.

Any previous employer that receives a request for these records must produce the records within 14 days of the request. If additional time is required, a 14-day extension may be requested. The Act provides a sample form for the consent and release for background investigation.

Public Act 104-0097 amends the Illinois Municipal Code and Counties Code to authorize municipalities and counties to use utility poles or public rights-of-way for public safety purposes, including, but not limited to, the placement of public safety equipment. This equipment cannot be located on or interfere with electric distribution systems, worker safety zones, or electric supply zones. All use of public safety equipment in these areas must comply with applicable codes or regulations that concern public safety.

Under this Act, a state agency or unit of local government may, by rule, ordinance, or resolution, create a permitting process to allow a utility pole or right-of-way to be used. However, any fee charged by the owner of the pole or right-of-way must be at the lowest rate charged and cannot exceed the owner’s costs.

Public Act 104-0364 amends the Interstate Mutual Emergency Aid Act. The Interstate Mutual Emergency Aid Act helps to extend a jurisdiction’s emergency response capabilities by allowing local government bodies to enter into a mutual aid agreement with units of government from another state. In this new amendment, any public safety agency, including fire departments, municipal police departments, and emergency medical response services, or public contractors of any such agency, may provide assistance to any other public safety agency in the state or in a bordering state at the time of a natural disaster.

Post authored by Alexis Carter, Ancel Glink

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 local governments.

Post authored by Alexis Carter, Ancel Glink

Municipal Minute