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Wednesday, December 17, 2025

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

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