2019 Articles

Amendment to the municipal code limits authority to appoint fire chiefs By Jennifer Gover Bannon June 2019 SB 2619, which was signed into law in November 2018, expands the list of qualifications and certifications a person must possess in order to be appointed a fire chief, acting chief, department head, or other position responsible for day-to-day operation of a fire department.

The Cannabis Regulation and Tax Act: The legal sale and use of cannabis for recreational purposes in the state of Illinois By Joseph E. McMenamin, Nathan Rice, & James K. Zerkle July 2019 Although the new cannabis law creates issues for local governments, Illinois can use the experiences of other states and local governments to help meet the challenges it faces.

Communities Embracing Potential of Opportunity Zones By Jay Augustyn, Shelly A. Scinto, & James M. Snyder December 2019 The Opportunity Zones incentive is a community investment tool established by Congress in the Tax Cuts and Jobs Act of 2017 to encourage long‑term private investments in low‑income urban and rural communities nationwide with the goal of developing those communities.

FOIA and OMA update: Recent proposed legislation, PAC opinions, and court decisions By Michael T. Jurusik February 2019 Updates on the Freedom of Information Act and Open Meetings Act.

Illinois Wage Payment and Collection Act amendment (P.A. 100-1094) and its impact on the Local Government Travel Expense Act By Phillip Lenzini February 2019 Effective January 1, 2019, the Illinois Wage Payment and Collection Act was amended by P.A. 100-1094 to add an entirely new section for reimbursement of employee expenses.

Janus v. AFSME Council 31: The aftermath By Carl R. Draper February 2019 The Supreme Court held in Janus v. AFSME Council 31 that the mandatory collection of agency fees is a violation of the First Amendment rights of public employees who do not wish to belong to a union.

Supreme court determines that nondisclosure orders trump FOIA requests By Michael J. Smoron March 2019 In In re Appointment of Special Prosecutor, the Illinois Supreme Court analyzed the tension between the goals of the Freedom of Information Act and the cloak of secrecy placed over grand jury proceedings.

A Tribute to Friend and Colleague Patrick Driscoll By Karen Dimond November 2019 A farewell and tribute to Pat Driscoll, a long-time member of the Local Government Law Section.

Uncuff the fire and police pension funds By C. John McCauley June 2019 In the event that the attempt at consolidation of downstate fire and police pension funds fails to become law, there is a substantial possibility that reamortization would be the only relief available.