January 4, 2019

This Week in Illinois 

Happy New Year, Illinois Chamber members!

This Wednesday, the new 101st General Assembly officially gets sworn in.  However, before the new General Assembly is sworn in, the current General Assembly will meet for its final two days of session (known as 'lame duck').   In all, there is nothing major expected to be brought up during the lame duck session.   While the legislature gets sworn in on January 9th, the Governor and other constitutional officers are not sworn in until January 14th.  

Before our last Government Affairs Report, Gov. Rauner recently signed two bills supported by the Illinois Chamber.  
SB 849 (Zalewski/McGuire) was signed before the New Year.  This new law prohibits home rule units of government from taxing or imposing a fee on the generation of electricity or the emissions from electric generation.  The bill extended the sunset to January 1, 2021.  

SB 3051 (Claybourne/Hoffman) was also signed by the Governor before the New Year.  This bill makes a technical change that clarified that the Illinois Water Systems Viability Act was not to sunset on the date included in its original final passage. 

This Tuesday  253 new laws went into effect into Illinois.  The complete list may be found here.  Below are some key pieces that employers should be aware of.

HB 1595/ P.A. 100-1003   (Stuart/Haine) provides for reasonable break time (instead of "unpaid break time each day") during the first year after the child's birth each time the employee needs to express milk. The break time may run concurrently with any break time already provided to the employee and an employer may not reduce an employee's compensation for time used for the purpose of expressing milk or nursing a baby. An employer shall provide reasonable break time as needed by the employee unless to do so would create an undue hardship as defined by the Illinois Human Rights Act.  Effective January 1, 2019

HB 2617/P.A. 100-1102 (Gabel/Murphy) amends the Illinois Insurance Code to require a policy of accident or health insurance to provide coverage for medically necessary expenses for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility to an enrollee. Prohibits a policy from imposing a deductible, coinsurance, copayment, or any other cost-sharing requiring on coverage for contraceptives and does not apply to coverage of voluntary male sterilization procedures to the extent that such coverage would disqualify a high-deductible health plan from eligibility for a health savings account. Effective January 1, 2019
HB 4795/P.A. 100-0759 (Demmer/Syverson) defines "substance use disorder", and removes certain terms and their definitions. Requires Illinois DHS to encourage all health and disability insurance programs to include substance use disorder treatment as a covered service and to use evidence-based best practice criteria as maintained in administrative rule and required in P.A. 99-0480 in determining the necessity for such services and continued stay. Effective January 1, 2019
SB 2826/P.A. 100-0714 (Morrison/Olson) amends the Human Rights act to include status as a person protected under the Protective Orders Article of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, and the Civil No Contact Order Act to the "order of protection status". Effective January 1, 2019

HB 4275/P.A. 100-0658 (Andrade/Steans) amends the Physical Fitness Services Act by removing the arbitrary cap on how much gyms can charge for membership.  The Chamber supported this measure.  

HB 4743/P.A. 100-1140 (Ford/Lightford) amends the Equal Pay Act of 2003. Provides that no employer may discriminate between employees by paying wages to an African-American employee at a rate less than the rate at which the employer pays wages to another employee who is not African-American for the same or substantially similar work on a job that requires equal skill, effort, and responsibility and is performed under similar working conditions.

HB 5253/P.A. 100-0688 (Sente/Althoff) amends the Illinois Procedure Act to require state agencies to issue an economic impact analysis when proposing new rules or amendments that affect small businesses. 
SB 2999/P.A. 100-1094 (Van Pelt/Conyears-Ervin) amends the Wage Payment and Collection Act to require an employer to reimburse an employee for all necessary expenditures or losses incurred by the employee directly related to services performed for the employer. The expenditure must be within the scope of employment. An employer is not responsible for losses due to an employee's own negligence, losses due to normal wear, or losses due to theft unless the theft was the result of the employer's negligence. If an employer has a written expense reimbursement policy that establishes specifications or guidelines for necessary expenditures, then the employer is not liable for the portion of the expenditure amount that exceeds the specifications or guidelines of the policy. Effective January 1, 2019

SB 3285/P.A. 100-1084 (Sims/Bristow) this new law creates the Illinois Home Grown Business Opportunity Act. Provides that the Department of Commerce and Economic Opportunity shall develop an economic plan to assist businesses and municipalities located geographically close to bordering states. The Chamber supported this measure and is working with Sen. Sims to further the discussion to revamp our states economic development tool box.

SB 3527/P.A. 100-0629 (Stadelman/Gordon-Booth)  t his law amends the Illinois Income Tax Act and in a Section concerning a credit for qualified expenditures incurred in the restoration and preservation of a qualified historic structure located in a River Edge Redevelopment Zone, provides that the total amount of such expenditures (i) must equal $5,000 or more and (ii) must exceed the adjusted basis of the qualified historic structure on the first day the qualified rehabilitation plan begins (currently the total amount of such expenditures (i) must equal $5,000 or more and (ii) must exceed 50% of the purchase price of the property). 
SB 3547/P.A. 100-1101 (T. Cullerton/Chapa LaVia) Service Member Employment Creates the Service-Member Employment and Reemployment Rights Act concerning matters relevant to the employment rights of service-members, including employment protections, additional benefits for public employee members of a reserve component, prohibitions on discrimination, a notice of rights and duties, violations, enforcement, remedies, and rulemaking. Effective January 1, 2019

The recent November election coupled with the high turnover of legislators in the previous few years has provided a lot of changes in the makeup of the General Assembly.  Many key business allies and long-serving icons are departing next week.  In all, 46 new members of the General Assembly will be beginning to serve their first full term upon swearing in.   For a complete list of all the new faces, see below.  

  • Ram Villivalam (D - Chicago) defeated incumbent Sen. Silverstein in the 2018 primary election.
  • Laura Ellman (D - Naperville) defeated GOP Senator Michael Connelly in the general election. 
  • Suzy Glowiak (D - Western Springs) defeated GOP Senator Chris Nybo in the general election.
  • Ann Gillespie (D - Arlington Heights) defeated GOP Senator Tom Rooney in the general election.
  • Steve McClure (R - Springfield) will be replacing outgoing GOP Senator and Conservative Party gubernatorial candidate Sam McCann.
  • Jason Plummer (R - Edwardsville) will be replacing outgoing GOP Senator and Ambassador Kyle McCarter.
  • Rachelle Aud Crowe (D - Glen Carbon) will be replacing outgoing Democrat Senator Bill Haine. 
  • Christopher Belt (D - Cahokia) will be replacing outgoing Democrat Senator James Clayborne. 
  • Current state Representative Laura Fine will be replacing outgoing Senator Dan Biss.
The total makeup of the 101st Senate will be 40 Democrats to 19 Republicans. 

  • Aaron Ortiz (D - Chicago) defeated incumbent Dan Burke in the 2018 primary election. 
  • Lamont Robinson (D - Chicago) will be replacing Lt. Governor Juliana Stratton. 
  • Jennifer Gong-Gershowitz (D- Glenview) will be replacing current Democrat Representative Laura Fine who was elected to the Senate.
  • Curtis Tarver II (D - Chicago) will replace outgoing longtime Democrat state Representative and House Majority Leader Barbara Flynn Currie.
  • Debbie Meyers-Martin (D - Olympia Fields) will replace outgoing Democrat Rep. Al Riley. 
  • Amy Grant (R- Weaton) will replace outgoing GOP Rep. Jeanne Ives.
  • Diane Pappas (D- Itasca) defeated GOP Representative Christine Winger in the general election.
  • Tera Costa Howard (D- Glen Ellyn) defeated GOP Rep. Peter Breen in the general election.
  • Karina Villa (D - West Chicago) will replace outgoing GOP Rep. Mike Fortner.
  • Mary Edly-Allen (D- Libertyville) defeated incumbent GOP Rep. Helen Walsh Miller who was appointed to replace Nick Sauer.
  • Mark Walker (D - Arlington Heights) will replace former General and GOP Rep. David Harris. 
  • Bob Morgan (D - Deerfield) will replace outgoing Democrat Rep. Scott Drury 
  • Daniel Didech (D - Buffalo Grove) will replace outgoing Democrat Rep. Carol Sente.
  • Joyce Mason (D - Gurnee) defeated GOP Rep. Sheri Jesiel in the 2018 general election.
  • Tom Weber (R - Lake Villa) will replace outgoing GOP Rep. Barbara Wheeler.
  • Dan Ugaste (R - Geneva) will replace outgoing GOP Rep. Steve Andersson.
  • Maurice West (D - Rockford) will replace outgoing Democrat Rep. Litesa Wallace.
  • Jeff Keicher (R - Sycamore) is replacing outgoing GOP Rep. Robert Pritchard. 
  • Lance Yednock (D - Ottawa) defeated GOP Rep. Jerry Long in the 2018 general election. 
  • Anne Stave-Murray (D - Naperville) defeated GOP Rep. David Olsen in the 2018 general election.
  • Andrew Chesney (R - Freeport) will replace newly appointed GOP Senator Brian Stewart.
  • Mike Murphy (R - Springfield) will replace outgoing GOP Rep. Sara Wojcicki Jimenez.
  • Dan Caulkins (R - Decatur) will replace outgoing GOP Rep. Bill Mitchell.
  • Blaine Wilhour (R - Beecher City) will replace outgoing GOP Rep. John Cavaletto.
  • Darren Baily (R - Xenia) defeated Rep. David Reis in the 2018 primary election.
  • Chris Miller (R - Oakland) will replace outgoing GOP Rep. Reggie Phillips.
  • Patrick Windhorst (R - Metropolis) defeated Democrat Rep. Natalie Phelps Finnie in the general election. 
The composition of the 101st House will be 74 Democrats to 44 Republicans, resulting in Speaker Madigan's largest supermajority since he became Speaker.  

Before the New Year, Governor-elect Pritzker made a few personnel accouterments, including the announcement of three deputy governors.   Former Comptroller Dan Hynes, current State Representative Christian Mitchell (D - Chicago) and current President of the Chicago Park District Board Jesse Ruiz will all serve as Deputy Governors.   

The Governor-elect has also filled three department agency directors.  Former General and Republican State Representative David Harris from Arlington Heights will head up the Department of Revenue, former Democrat State Senator John Sullivan will head up the Department of Agriculture, and current regional general manager for Uber Midwest Erin Guthrie will serve as director of the Department of Commerce and Economic Opportunity.  

Rounding out the remaining announcements: Ann Spillane, previously chief of staff for Attorney General Lisa Madigan, will serve as general counsel; Alexis Sturm will serve as Director of Governor's Office of Management and Budget; and, Nikki Budzinski will serve as senior adviser.  

Additional personnel announcements will be made on a rolling basis.

The Illinois Chamber's government affairs team is soliciting legislative ideas from members to submit to the General Assembly.  If you have an idea or have experienced a burdensome law that needs changing, please email Tyler Diers.  

Turkish Airlines is proud to partner with the Illinois Chamber of Commerce to provide Illinois Chamber members exclusive perks when flying with Turkish Airlines, the airline that files to more countries and international destinations in the world.

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Starting today, Turkish Airlines will offer Illinois Chamber members a discount of 5% off Economy seats, 10% on Business Class seats to Turkey and 20% on Business Class seats to destinations beyond Turkey. The discount is valid for all passengers (adults and children) in the ticket booking and can be applied towards one-way and round-trip tickets leaving from Chicago O'Hare International Airport (ORD) to Turkey and beyond from now until May 15, 2019. Class To Turkey To All Turkish Airlines Network except Turkey Economy 5% 5% Business 10% 20% 

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The first wave of the Secure Choice Retirement Savings Program has officially launched. The pilot program launched last spring and Secure Choice staff have been working with a small group of employers and employees over the last few months. 

The roll out is taking place in three waves, with the first wave starting this month. Employers with 500 or more workers (as reported to the Department of Employment Security) have already begun to receive notices to complete the registration and enrollment process before the end of November 2018. Below is the wave schedule:
  • May 2018 - Pilot Phase: Voluntary Employers of all sizes 
  • November 2018 - Wave 1: Employers with 500+ employees
  • July 2019 - Wave 2: Employers with 100-499 employees
  • November 2019 - Wave 3: Employers with 25-99 employees
Additional resources are available on our Program website at .   The Treasurer's Office, the chief administrator of the Secure Choice program, has offered up representatives to speak to businesses, local chambers, and employees on the program.  If you are interested in having them come out and speak to you or your group, please reach out to Tyler Diers.  

*Disclaimer, the Chamber opposed this legislation when it was going through the General Assembly but it is officially here and compliance is important.*

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

Illinois Chamber of Commerce

2017 Government Affairs Report | Tyler Diers, Editor