New Food Service Contracting Option Available to Schools

by Maureen A. Lemon Historically, school districts have had to bid out food service contracts thanks to State bidding laws. However, Public Act 102-1101 recently amended the Illinois School Code’s bidding statute (105 ILCS 5/10-20.21) to exempt food service contracts from being automatically awarded to the lowest responsible bidder if certain conditions are met. The result is that, beginning June …

A Potpourri of New Laws

by John E. Motylinski In 2022, both chambers of the Illinois General Assembly approved 410 bills for signature into law. The majority of these do not impact local governments, but here is a roundup of a few new laws that do. New Committees for Studying Efficiency: In June 2022, Governor Pritzker signed the “Decennial Committees on Local Government Efficiency Act,” …

Does Your Insurance Policy Cover Lost Income Due to COVID?

by Megan Lamb As COVID loosens its grip on society and the nation moves on to a new normal, courts have begun to grapple with lingering questions surrounding pandemic-related losses and liability. During the height of the pandemic, Governor Pritzker’s Executive Orders mandating mass closure of non-essential businesses meant a loss of income and stability for countless business owners. While …

Briefing Complete in Pension Consolidation Appeal

by Carolyn Welch Clifford In the ongoing battle over the constitutionality of the consolidation of Article 3 and 4 pension fund assets, the parties have filed their briefs with the Second District Appellate Court. Background The lawsuit challenges the constitutionality of P.A. 101-0610 (the “Consolidation Act”), which transferred investment functions of over 650 downstate police and firefighter pension funds to …

Illinois Appellate Court Finds that Municipalities Lack Jurisdiction to Enforce Offenses that Govern the Movement of Vehicles

On November 15, 2022, the Illinois Appellate Court for the Third Judicial District issued a decision in Robert Cammacho Jr., et al. v. City of Joliet, 2022 IL App (3d) 210591-U, and ruled that the City of Joliet lacked jurisdiction to enforce overweight vehicle ordinance through administrative adjudication. Background The City enacted Ordinance 19-21, which provides: “[u]nless authorized in this …

Governor Issues Executive Order Removing EMS Personnel from Vaccination and Testing Mandate

By James G. Wargo and Bradley Michalowski On July 12, 2022, Governor Pritzker issued Executive Order 2022-16, which removes EMS personnel from the Governor’s previously issued COVID-19 vaccination and testing mandate issued on September 3, 2021. This most recent executive order re-issued and modifies Executive Orders 2020-12 (issued March 24, 2020) and 2021-22 (issued September 3, 2021) and became effective …

Lower Court Rules Pension Fund Consolidation Law Constitutional

by John E. Motylinski In 2019, the Illinois General Assembly passed Public Act 101-0610, which required downstate police and firefighter local pension funds’ assets to be consolidated into statewide funds for investment purposes. In early 2021, a group of active and retired members of eighteen police and firefighters’ pension funds filed a lawsuit complaint against Governor Pritzker, the two new …

The Potential Impact of SECURE Act 2.0 on Small Business

by Michael Castaldo III The U.S. House of Representatives passed the “Securing a Strong Retirement Act of 2021” (hereinafter “SECURE 2.0” or the “Bill”) on March 29, 2022 after an overwhelmingly bipartisan vote of 414-5. SECURE 2.0 is an effort by Congress to offset the retirement savings crisis in the United States and attempts to build on the initiatives already …

Circuit Court Finds Prejudgment Interest Statute Unconstitutional

by Bradley Michalowski On May 27, 2022, Cook County Judge Marcia Maras concluded that a statute providing for prejudgment interest for plaintiffs asserting personal injury and wrongful death torts is invalid and unconstitutional. In Hyland et al., v. Advocate Health and Hospital Corp. et al., the representatives of prematurely born twins (one of whom did not survive) sued alleging negligence …

Improving School Employment History Reviews Under Faith’s Law

By Maureen Anichini Lemon In August 2021, Governor Pritzker signed “Faith’s Law,” which was designed to protect children from sexual abuse. The General Assembly recently expanded on Faith’s Law via P.A. 102-0702. This Act provides a comprehensive action plan to further the goals contained in Faith’s Law by increasing notice requirements related to sexual misconduct by school employees and by …