GOVERNMENT AFFAIRS
Report    

March 1, 2019

This Week in Illinois 

The House returned to Springfield Tuesday, February 26 through Thursday, February 28. The Senate was not in session.
 
Both the House and the Senate return for session next  week, Tuesday, March 5, through Thursday, March 7. 

PRESCRIPTION DRUG SUPPLY CHAIN
The House Prescription Drug Affordability and Accessibility Committee held two subject matter hearings this week on the prescription drug supply chain. Members of the committee raised questions on the challenges of state regulation of drug prices. 

EXCEPTED BENEFIT BILL 
The House Insurance Committee passed  HB 1639  (DeLuca) 18-1-0. This bill p rovides that, "policy of individual or group accident and health insurance" does not include any coverage or policy that provides an excepted benefit, as defined in the federal Public Health Service Act. The Chamber supports this legislation.

ENERGY PACKAGE 
We are monitoring activity on a larger energy package that could move this session. It could include directing the state to procure capacity from generating resources, which is currently an operation of the regional authority under the direction of the federal government. We could also see an expansion of the transportation electrification efforts, additional resources to renewable generation, modifications to existing programs and more. 

CAPITAL BILL 
There is still no capital bill, which is our top infrastructure priority. However, the Senate Capital Subcommittees of the Senate Appropriations II and the Senate Transportation Committees are planning subject matter hearings in several communities around Illinois. They are likely to be well attended and Subcommittee staff has asked us to warn attendees that not everyone will get to testify at every hearing. Senate Transportation Chairman Sandoval also asked those who plan to testify to be prepared to discuss revenue, so that is a question that you will want to have prepared an answer for if you plan to testify. Anyone wishing to give their local perspective at one of the below can contact  Rebecca Mason.
  • Monday, March 4, in Edwardsville
  • Monday, March 18, in Decatur
  • Monday, April 8, in Peoria
  • Monday, April 22, in Elgin
  • And Tuesday, April 16, in Chicago
EMPLOYMENT LAW
As many already know, the governor signed a $15 per hour minimum wage increase. However, there are a lot of employment law issues that are out there ranging from workplace mandates, to employment discrimination, workers' compensation, disclosures, and unemployment insurance. We will continue to focus on these issues as they unfold.   

MANAGED CARE ORGANIZATION ASSESSMENT
The governor is proposing that Illinois enact a managed care organization assessment to help cover the costs of the state's Medicaid program. A program similar to the per-member per-month assessment charged to organizations in California or Ohio could help generate significant revenues to support the costs of healthcare. Alternatively, the General Assembly currently has a proposal containing a health insurer claims assessment which could be looked at as well. The program would be structured to generate approximately $390 million in new revenues for deposit into the Healthcare Provider Relief Fund to cover a portion of the state's Medicaid costs, while also generating millions more in matching federal revenues to provide additional funds for the overall program.  The Chamber opposes this proposal. 
 
BILLS TO WATCH  
Our council directors are diligent in tracking all bills that could affect their members. Below is a list of some of the most egregiously bad and  exceptionally good bills this session.

In addition, the Chamber's government affairs team is tracking roughly 1,200 pieces of legislation. To see a complete list of bills with staff assignments, click
here.  

You can see the Chamber's full  2019 legislative agenda 
here.

Environmental Regulation

Oppose
  • HB 2728 (Mah) increases regulations for people applying for permit applications.
  • HB 2839 (Gong-Gershowitz) changes the definition of an impacted party to give new legal standing to individuals who will be able to sue over air pollution, ground water contamination, etc. It vastly expands who has standing in a case which is currently limited to affected parties. It would impact any administrative rule for IEPA, IDOT, IDNR, IDOA, and IPH.
  • SB 1352 (Fine) creates the Wetlands Protection Act that provides provisions concerning: exemptions,  delineation, classification, notification, permits, surety, appeals, investigation, enforcement, and county authority. 
Support
  • HB 2764 (Hurley) / HB 3675 (Didech) amends the Environmental Protection Act concerning manifests for nonhazardous special waste providing that forms may include information identical to those manifests required for the shipment of hazardous waste.  
Monitor
  • HB 2095 (Morgan, Burke) Creates the Environmental Impact Note Act that requires every bill and proposed rule that may impact the environment or natural resources have a brief explanatory statement or note prepared that estimates the anticipated environmental impact. 
  • SB 1847  ( Muñoz ) amends the Environmental Protection Act providing that the EPA provide notice when a permit for a new facility is required.
Energy

Oppose
  • HB 2956 (Davis) would eliminate the exemption set through FEJA for large electricity users (10MW and over) from participating in energy efficiency and demand response programs and charges.
Monitor
  • HB 2861(Walsh) is a shell bill for capacity auction market reforms.
  • HB 2801 (Welch) and SB 2020 (Steans) require IDCEO, ICC, IPA, and IEPA to design a broad-based policy approach to decarbonize the electricity sector by 2030.
  • HB 2966 (Davis) / SB 1781 (Cunningham) creates a path to 100 Act, increases the renewable procurement goals to 40 percent and makes improvements to exiting programs to improve efficiencies. It also includes provisions to encourage procurement of battery storage.
  • SB 2132 (Castro) / HB 3624 (Williams) creates the Clean Jobs Energy Act calling for the state to decarbonize its electricity sector by 2030. It also requires the state to take over capacity markets from PJM, electrify the transportation network and includes numerous job and community programs to promote clean energy. 
Taxes

Oppose 
  • HB 2085 (Harris) and SB 1115 (Steans) radically change Illinois' Income Tax Act by adding unnecessary complexity without a substantial increase in state revenues. The bill would likely result in reduced international investment into the state.  
  • HB 2217 (Davis) and SB 1379 (Hutchinson) amends the Illinois Property Tax Code to create a system for mandatory income and expense disclosure for certain taxpayers.The bill imposes severe penalties for the failure to provide the income information demanded, and the timing of the deadline for submission of the information is problematic.  
  • HB 270 (Murphy) and SB 2049 (Castro) would change the sourcing of local taxes to a destination-sourcing basis for all sales of tangible personal property made via the Internet, over the phone or in writing and that are delivered. In addition to adding an incredible degree of complication to Illinois internet sales, it could also change how customers who currently come into stores to make purchases may interact with businesses.
  • SB 203 (Hutchinson) creates the Company-Specific Subsidy Interstate Compact. Entering Illinois into the compact where member state agrees to not offer company-specific subsidies for companies currently located in or considering locating in the member state. The compact includes incentives for corporate headquarters, manufacturing facilities, office space, or other real estate developments.
  • HB 2568 (Stava-Murray) creates the Corporate Buyback Tax Act that imposes a tax on the buyback of shares of a publicly held corporation at the rate of 0.25 percent of the purchase price paid by a corporation for the purchase of its own securities. It applies to publicly held corporations with 100 or more employees.
Business Regulation

Oppose
  • HB 2127 (Mussman) /SB 1326 (Murphy) requires tracking software for any professional services contracts with the state.
  • HB 356 / HB 357 (Hoffman) would require the state to purchase procurement products that are made in Illinois or the USA. While these bills may sound good on paper, they present many challenges, such as higher costs for taxpayers, strained relations with other state and countries, and more risk to Illinois employers who compete on the international market. 
Technology

Oppose
  • HB 3051 (Ammons) would create the App Privacy Protection Act  requiring entities that own, control, or operate a web site, online service, or software application to identify in its customer agreements whether third parties collection information from digital devices of Illinois residents.  
  • SB 2149 (Hastings) and HB 2736 (Buckner) would create the Right to Know Act. These bills  require website operators that collect personal information on Illinois residents (i.e. name, emails, telephone numbers, birthday, IP addresses, etc.) to notify customers on how they use the personal information.  Further, this bill would require website operators to answer to customers who want to know the practices of private entities that may be disclosing this information. 
  • HB 3200 (Pappas)  amends the state's data breach law by requiring the entity experiencing the breach to notify the customer and the Illinois Attorney General within five days of the breach.  
  • HB 2026 (Mussman) / SB 2088 (Fine) creates the Digital Fair Repair Act otherwise known as the Right to Repair. This bill forces original equipment manufacturers to give up sensitive repair and diagnostic documentation to owners of equipment ranging from tablets to tractors.  
  • SB 1719 (Castro) creates the Keep Internet Devices Safe Act  requiring manufacturers of devices with microphones to receive written consent from users before the microphone can collect audible sounds.  
Banking

Oppose
  • HB 19 (Flowers) creates the Community Bank of Illinois Act that would establish a state-run bank. 
  • SB 1500 (Jones) establishes increased foreclosure fees. 
  • SB 1636 (Mulroe) provides that a retainage of 10 percent of the payment may be withheld from a payment under a construction contract prior to the completion of 50 percent of the contract. Also provides that after 50 percent of the contract is completed, the amount of retainage for any subsequent payment may not exceed 5 percent. 
Monitor

  • HB 2829 (Stava-Murray) creates the Financial Institution Cybersecurity Act requiring financial institutions in Illinois to maintain a cybersecurity program to protect the confidentiality of their information systems. 
  • HB 2825 (Zalewski) creates the regulatory sandbox to enable persons to obtain limited access to the Illinois marketplace in order to test innovations in financial products or services.
Retail

Oppose
  • HB 1614 (Slaughter) would increase the threshold considered for retail theft as a felony from$500 to $2,000.
  • SB 21 (Morrison) would increase the minimum purchasing age for tobacco products from 18 to 21. 
  • HB 2947 (Zalewski) amends the Retailers' Occupation Tax Act providing that subject to certain restrictions, if the IDR may disclose confidential financial information to a municipality or county, then IDR may also disclose that financial information to an independent third party who is authorized in writing by that municipality or county to receive the information.
Support

  • HB 1439 (Feigenholtz) and SB 54 (Harmon) creates a third-party facilitator license for retailers that deliver liquor to homes or designated locations. 
Monitor
  • HB2076 (Villa) would prohibit manufacture, distribution, or use of paper containing bisphenol A (BPA) for the making of business or banking records.
Infrastructure

Oppose
  • SB 24 (Link) mandates freight train crews must have at least two people.
  • HB 3316 (Connor) / SB 1783 (Hastings) requires drivers delivering aggregate or asphalt to a construction project be paid prevailing wage
Support
  • HJR 8 (Batinick) adds a managed lane to I-55 between I-355 and I-90/94.
  • SB 2006 /SB 2005 (Sandoval) / HB 2823 (Zalewski) increases RTA and CTA bond authority to allow them to provide working cash to offset the impact of state late payments and also allows them to open a line of credit if it makes more financial sense.
Employment

Oppose
  • HB 2343 (Gordon-Booth) requires all employers, regardless of size, to provide a minimum of 40 hours of paid sick leave annually to their employees, both full-time and part-time.  
  • HB 834 (Moeller) prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer. 
  • HB 2565 (Stava-Murray) prohibits covenant not to compete clauses in Illinois. 
  • HB 252 (Guzzardi) Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. 
UPCOMING EVENTS
Chamber Day
Registration for Illinois Chamber Day on March 20th is now open. 

Second Annual Women in Business Conference
The Illinois Chamber of Commerce is hosting its second Women in Business conference on March 15th, 2019 at Pinstripes in Oak Brook, IL. The event will bring together business leaders from across the state to encourage women to invest in themselves, become courageous leaders, and be a force in their careers. Learn more here.

Play, Relax, and Network with your Peers!
Join your fellow Chicagoland IT professionals, C3, and Mitel for an evening of old-fashioned competitive fun! Unwind after a long day at work and join our friends at C3 on March 7th from 4:30 - 7:00 at the Chicago Athletic Association  - Game Room to network with peers, enjoy great food and drinks, play some classic games, and learn how to simplify your business communications.  Register here .

Members are encouraged to check our  calendar  for events and conferences throughout the year.  


Connect with the Chamber

  

If you have questions about the Government Affairs Report, contact Tyler Diers at tdiers@ilchamber.org. Do not reply to this email. 

Illinois Chamber of Commerce

2017 Government Affairs Report | Tyler Diers, Editor