by Meganne Trela The Illinois Supreme Court recently held that an Illinois constitutional amendment preventing municipalities from using transportation-related tax revenues for non-transportation purposes applies to home rule municipalities in Illinois Road and Transportation Builders Association v. County of Cook, 2022 IL 127126 (April 21, 2022). The amendment, known as the “Safe Roads Amendment,” was adopted by nearly 80% of …

by Shawn P. Flaherty A local dispute concerning expenditures between the City of Crystal Lake and its Foreign Fire Insurance Board (“FFIB”) has resulted in the Foreign Fire Insurance License Fee Act (65 ILCS 5/11-10-0.01), first effective on January 1, 2022. The Act applies to municipal foreign fire insurance boards and limits the ability of municipalities to regulate or otherwise …

by Craig D. Hasenbalg On February 3, 2022, the Illinois Supreme Court decided that employees can sue their employers for allegedly violating the Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.)—even despite the Workers’ Compensation Act’s limits on employee claims. As a result, employers should vigilantly ensure compliance with BIPA. The Illinois legislature recognizes that, unlike other identifiers …

by Michael Castaldo, Jr. As we recently reported in a Client Alert, the annual Statement of Economic Interests form required to be filed by public officials has changed. This Article details what has changed and how to navigate the newly updated Statements. The Illinois Governmental Ethics Act requires certain elected public office holders, candidates, officials, and employees to file a …

by Stephen H. DiNolfo The Illinois Department of Public Health (“IDPH”) recently adopted a smattering of emergency rules that impact EMS licensure and hospital bypass. 77 Ill. Admin. Code § 515. Below is a roundup of those changes. First, as of December 27, 2021, EMS personnel with an unencumbered certification in the National Registry of Emergency Medical Technicians as an …

by Carolyn Welch Clifford In a case of first impression, an Illinois Appellate Court recently determined that the surviving spouse of a former police officer who had separated from service but had remained a deferred pensioner at the time of his death was not entitled to draw surviving spouse benefits until the former police officer’s sixtieth birthday. In Thornley v. …

by Joseph Miller III and Hayley Loufek In January 2022, the United States Supreme Court decided to hear two cases challenging the use of affirmative action policies in university undergraduate admissions. The cases were brought by the same plaintiff: Students for Fair Admissions, Inc. (“SFFA”). SFFA is a 501(c)(3) nonprofit with over 22,000 members, some of whom are applicants who …

by W. Anthony Andrews and Megan Lamb With multiple social media outlets conveying public meetings, governmental bodies are faced with new dilemmas on many fronts. For instance: when can a governmental body delete an “offensive” public comment without violating the First Amendment? Recently, a federal court tackled this issue in Anderson v. Hansen, 519 F. Supp. 3d 457 (E. D. …

by Karl R. Ottosen and Hayley Loufek In International Association of Firefighters v. City of Peoria, 2022 IL 127040, the Illinois Supreme Court recently held that a Village’s home rule ordinance cannot supersede its prior interpretations of the Public Safety Employee Benefits Act (“PSEBA”) (820 ILCS 320/1 et seq.). PSEBA requires public employers to pay the entire premium of its …

by Joshua B. Rosenzweig On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) concerning COVID-19 vaccination and testing. The ETS, more commonly known as OSHA’s “vaccination mandate,” prescribed vaccination, masking, and COVID-19 testing requirements for certain employers. After significant litigation, the United States Supreme Court stayed enforcement of the rule, telegraphing it …