May 12, 2023

This Week in Illinois

Session Update

The House and Senate both returned to Springfield on Monday for the second to last week of scheduled session. The Senate was in session for four days while the House was in for five days with action for the week concluding this afternoon.

As the spring session draws to a close there was once again more floor action of note this week. Yesterday was the Senate deadline for the third reading of House bills and today is the House deadline for third reading of senate bills.

Both the House and Senate will return to the floor on Monday, May 15th with action beginning at 5 pm in the Senate and a time to be determined in the House.

View the Senate session calendar for 2023. View the House 2023 calendar. 

Consumer Health Data Bill Held for Remainder of Spring

We are happy to report that HB 3603 (Williams) will not be moving in these final few days of session. This bill was pushed by the same groups that brought us BIPA and it’s not an exaggeration to say this bill had the potential to be equally catastrophic.  We thank all the business groups that lined up in opposition to this including Technet, IMA, IRMA iBio, Chicagoland and the Fuel and Retail Association. Kudos to the General Assembly for not rushing flawed policy.  

Nothing ever disappears entirely in Springfield. Expect ongoing conversations this summer and a reemergence in veto session or next spring. 

You can read our joint fact sheet HERE.   

New IL Chamber BIPA Brief Accepted by IL Supreme Courts 

This week the Illinois Supreme Court accepted the Illinois Chamber of Commerce’s amicus brief in the case of Mosby v. Ingalls Memorial Hospital and Mazya v. Northwestern Lake Forest Hospital.  

In this case, the Supreme Court is being asked to interpret the “health care exclusion” to BIPA liability. This exclusion, obviously, becoming much more important after the “annihilative liability” authorized in White Castle.  The appellate court ruled that this exception is limited to patient information which unjustly exposes our healthcare providers to this “annihilative liability”. Instead, we argue that the legislature wished to exclude “all information collected, used, or stored for health care treatment, payment or operations” regardless of whether that information is collected from a patient or an employee. 

Secondary to our concern about liability, is that the appellate court’s interpretation would discourage health care providers from complying with HIPAA by using biometric identifiers to safeguard private health care information in their daily operations.  

You can read our full brief HERE.

HJR 23: Interstate 55 Managed Lanes Project

Earlier this week, HJR 23 was posted for the House Transportation: Regulations, Roads & Bridges Committee for Tuesday morning. In short, the resolution supports the I-55 Managed Lane Project and IDOT's efforts to pursue the project as a P3.

The project consists of the addition of one lane along I-55 in each direction between I-355 and east of Interstate 294 (I-294) and two lanes in each direction from east of I-294 to I-90/94, the most congested portion of the I-55 corridor. The IDOT study evaluated multiple alternatives for this corridor and Express Toll Lanes (ETL) showed the best improvement for traffic flow and congestion relief. The existing travel lanes along I-55 would remain free, but the new lanes are proposed to be managed as express toll lanes (ETL) with dynamic pricing.

IDOT completed preliminary engineering and environmental studies (Phase I) in December of 2018. Phase II, the "Final Design and Contract Plan Preparation," is funded in IDOT's Fiscal Year 2020-2025 Proposed Highway Improvement Program; however, IDOT does not presently have funding for Phase III.

Under the Public Private Partnership for Transportation Act, IDOT must receive approval from the General Assembly to pursue the project as a P3 and see the project through to completion.

The Illinois Chamber has supported prior versions of this proposal. If you have any thoughts on this resolution or the proposal itself please let us know.

Read more about the project here.

GAP Call

The Illinois Chamber will host its Government Affairs Professionals (GAP) call on Monday, May 15th at 3:00 pm. We will provide you updates on the legislation we are watching for the final week of spring session.

This will be the final scheduled GAP Call of the Spring.

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Register Today! Illinois Chamber Women in Business Conference

June 21, 2023

8:30 am – 2:30 pm

NIU Center | 1120 E. Diehl Road Naperville, IL 60563

The Illinois Chamber welcomes you to our women's conference as we come together to discuss and further dreams of our already strong women for a stronger Illinois. This year's theme is "Celebrate Success." The robust agenda will provide time for networking and connecting with professionals, and topics providing takeaways for all to take back to the office or home. Sponsorships now available, more information HERE.

The event features keynote speaker Karen Murphy, Chief Financial Officer for the Chicago Bears.

Registration Link: Women in Business Conference

Floor Action of Note:

 HB 579, State-Based Exchange passed the House 72-39-1. This bill sets forth provisions concerning the Marketplace Director of the Illinois Health Benefits Exchange. Amends the Illinois Procurement Code. Sets forth provisions concerning an exemption regarding any procurements necessary for the Department of Insurance to implement the Illinois Health Benefits Exchange Law. Amends the Illinois Health Benefits Exchange Law. Provides that the Department of Insurance shall operate the Illinois Health Benefits Exchange as a State-based exchange using the federal platform by plan year 2025 and as a State-based exchange by plan year 2026. Provides that, except where inconsistent with State law, the Department shall enforce health plan coverage requirements under the federal Patient Protection and Affordable Care Act that apply to the individual and small group markets. Provides that the Director of Insurance may elect to add a small business health options program to the Illinois Health Benefits Exchange. Provides that the General Assembly shall appropriate funds to establish the Illinois Health Benefits Exchange. Provides that issuers must remit an assessment in monthly installments to the Department. Sets forth provisions concerning State medical assistance program coordination and provisions concerning the authority of the Department of Insurance and the Department of Healthcare and Family Services.

HB 1117, Hospice passed the Senate 56-0-0. This bill provides that the Department of Public Health's standards for hospices owning or operating hospice residences shall address the number of persons who may be served in a hospice residence, which shall not exceed 24 (rather than 20) persons per location. Provides that the number of licensed hospice residences shall not exceed 16 (rather than 5) located in counties meeting specified population requirements.

HB 1120, Charter Schools-Neutral passed the Senate 36-19-0. This bill provides that any renewal of a certified charter must include a union neutrality clause. Requires a union neutrality clause to be included in a charter school proposal.

HB 1122, Freelance Workers-Neutral passed out of the House by a vote of 68-38-0. As amended, this bill creates the Freelance Worker Protection Act. Provides that, except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount no later than 30 days after the freelance worker provides the product or completes the services under the contract. Provides that once a freelance worker has commenced preparation of the product or performance of the services under the contract, a contracting entity shall not require as a condition of timely payment that the freelance worker accept less compensation than the amount of the contracted compensation. Requires written contracts for services or products provided by a freelance worker. Sets forth the information such written contracts must include. Provides that a contracting entity must make the contract available to the Department of Labor upon request. Requires the Department to make model contracts available on its website for use by the general public at no cost. Prohibits a contracting entity from taking any action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under the Act. Sets for the procedure for freelance workers to file a complaint alleging a violation of the Act. Provides that complaints shall be reviewed by the Department to determine whether there is cause for the Department to initiate the process of facilitating the exchange of information between the parties. Contains provisions concerning notification and response requirements. Authorizes the Attorney General to initiate or intervene in a civil action if the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern and practice prohibited under the Act. Contains provisions concerning Attorney General investigations; civil penalties; and other enforcement matters. Provides that, subject to appropriation, the Department may conduct a public awareness campaign regarding the Act that, at a minimum, includes making information available on its website, otherwise informing contracting entities of the provisions of this Act, and establishing a means for assistance by a natural person through phone or email. Requires the Department to submit a report every 5 years to the General Assembly on freelance contracting and payment practices, the number of complaints received by the Department alleging a violation of the Act, and other matters. Requires the Department to publish each report on its website. Grants the Director rulemaking authority. Provides that except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount on or before the date the compensation is due under the terms of the contract. Provides that if the contract does not specify when the hiring party must pay the contracted compensation or the mechanism by which the date will be determined, compensation shall be due no later than 30 days after the completion of the freelance worker's services under the contract. Provides that the definition of "freelance worker" does not include an individual performing construction services. 

HB 1186, Insurance/Referral-Support passed the Senate 56-0-0. This bill provides that the powers of a health maintenance organization include the voluntary use of a referral system for enrollees to access providers under contract with or employed by the health maintenance organization. Provides that the provisions shall not be construed as requiring the use of a referral system to obtain a certificate of authority. Provides that the Director may prescribe by rule the language that must be included in the plan name, marketing, advertising, or other consumer disclosure requirements to differentiate a health care plan that does not use a referral system for such providers from a health care plan that does use a referral system for such providers. Provides that the provisions shall not be construed as requiring the use of a referral system with the health maintenance organization's contracted or employed providers to obtain a certificate of authority.

HB 1384, INS/Reconstructive Services passed the Senate 56-0-0. This bill provides that a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 may not deny coverage for medically necessary reconstructive services that are intended to restore physical appearance.

HB 1465, Bidding passed the Senate 56-0-0. This bill amends the Illinois Highway Code. In provisions concerning the performance of functions by the highway commissioner of a road district, provides that, except for professional services, when the cost of construction, materials, supplies, new machinery or equipment exceeds $30,000 (instead of $20,000), the contract for such construction, materials, supplies, machinery or equipment shall be let to the lowest responsible bidder if specified conditions are met. 

HB 1615, Nursing passed the Senate 56-0-0. This bill provides that a primary goal of the Illinois Nursing Workforce Center is to develop a strategic plan for nursing workforce in the State by selecting priorities to be addressed, including: (1) for license renewals beginning in 2024 and each renewal thereafter, to develop and require the completion of a supply survey of all licensed nurses at initial licensure and each license renewal thereafter; and (2) no later than 2026, to develop a nurse demand and employer survey to be collected biennially. Adds 2 members to the Illinois Nursing Workforce Center Advisory Board representing a labor organization recognized under the National Labor Relations Act that represents active registered professional nurses licensed by the Department of Financial and Professional Regulation.

HB 2068, Transportation Benefit Program-Opposed passed the Senate 49-5-0. This bill creates the Transportation Benefits Program Act. Requires all covered employers of 50 employees or more in a specified geographic area at an address that is located within one mile of regularly scheduled transit service. Provides that the pre-tax commuter benefit shall allow employees to use pre-tax dollars for the purchase of a transit pass via payroll deduction, such that the costs for such purchases may be excluded from the employee's taxable wages and compensation up to the maximum amount permitted by federal tax law. Provides that the Regional Transportation Authority shall make publicly available a searchable map of addresses that are located within one mile of fixed-route transit service.

HB 2094, Mortgage/Marketing passed the Senate 56-0-0. This bill provides that any marketing materials from a mortgage company not connected to the consumer's mortgage company must comply with specified requirements.

HB 2123, Images passed the Senate 56-0-0. This bill changes the definition of "sexual image" to also mean a photograph, film, videotape, digital recording, or other similar medium that falsely appears to show the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or female post-pubescent nipple, partially or fully exposed, of a depicted individual or a depicted individual engaging in or being subjected to sexual conduct or activity. Provides that a depicted individual of an intentionally digitally altered sexual image has a cause of action against a person disseminating or threatening to disseminate the sexual image. Provides that a depicted individual has a cause of action against a person disseminating or threatening to disseminate a sexual image if the person recklessly disregarded the possibility that the depicted individual did not consent to the dissemination, the image was a private or intentionally digitally altered sexual image, and the depicted individual was identifiable. Provides that in the case of digitally altered sexual images, disclosing that the images were digitally altered is not a defense to liability. Removes language providing that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person. Provides that the dissemination of or a threat to disseminate a private sexual image is not a matter of public concern solely because the image is accompanied by a political message. Allows the court to award equitable relief, such as a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or disclosure of the image, to a prevailing plaintiff in an action brought under the Act.

HB 2189, Insulin-Neutral passed the Senate 56-0-0. This bill creates the Access to Affordable Insulin Act. Provides that the Department of Insurance shall offer a discount program that allows participants to purchase insulin at a discounted, post-rebate price. Sets forth provisions concerning the insulin discount program.

HB 2219, Sanitary Districts/Renewable Energy passed the Senate 52-3-0. This bill authorizes the corporate authorities of a sanitary district to issue bonds prior to December 31, 2034, for the development of distributed renewable energy generation devices. Also authorizes a district to construct, maintain, finance, and operate distributed renewable energy generation devices as necessary to sell or otherwise dispose of recovered resources or renewable energy resources resulting from the operation of district facilities.

HB 2308, Radiation passed the Senate 56-0-0. This bill requires rules or regulations promulgated by the Illinois Emergency Management Agency for registration of persons seeking accreditation to specify that an individual seeking accreditation for limited diagnostic radiography shall not apply ionizing radiation to human beings until the individual has passed an Agency-approved examination and is accredited by the Agency. Removes language requiring the rules or regulations to require persons seeking limited scope accreditation to register with the Agency as a "student-in-training" and to declare those procedures in which the student will be receiving training.

HB 2443, Hearing Aid Coverage passed the Senate 54-0-0. This bill provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide coverage for medically necessary hearing instruments and related services for all individuals (rather than all individuals under the age of 18) when a hearing care professional prescribes a hearing instrument to augment communication.

HB 2509, Nursing-Support passed the House 82-31-0. This bill amends the Nurse Practice Act. Provides that an applicant who graduates from a professional nursing program in the State on or after the effective date of the amendatory Act and does not take the licensure examination within 180 days after his or her degree is conferred by the institution of higher education or fails the licensure examination for a second time shall be required to demonstrate proof of completion of a National Council Licensure Examination preparatory class or a comparable examination preparatory program before taking a subsequent licensure examination or the graduate may return to the institution of higher education from which he or she graduated which shall provide remedial educational resources to the graduate at no cost to the graduate. Provides that such an applicant must contact the institution of higher education from which he or she graduated prior to retesting. Provides that such an applicant shall contact the institution of higher education from which he or she graduated prior to retesting. Provides that prior to September 1, 2026, no professional nursing program shall be placed on probationary status for failing to reach a passage rate of less than 75%.

HB 2518, Aircraft/Exemption - Support passed out of the House 102-0-0. This bill amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. In provisions concerning an exemption for materials, parts, equipment, components, and furnishings incorporated into or upon an aircraft, removes language excluding materials, parts, equipment, components, and consumable supplies used in the modification, replacement, repair, and maintenance of aircraft engines or power plants. Removes language providing that the exemption applies only to property used by persons who hold an Air Agency Certificate, have a Class IV Rating, and conduct operations in accordance with certain Federal Aviation Administration regulations. Provides that the changes take effect on January 1, 2024.

HB 2519, Hospitals/Milk passed the Senate 56-0-0. This bill requires hospitals licensed under the Act to provide information and instructional materials regarding the option to voluntarily donate milk to nonprofit milk banks that are accredited by the Human Milk Banking Association of North America. Provides that the information and instructional materials shall be provided to the parents of each newborn upon discharge from the hospital after the newborn's birth.

HB 2898, MAP-Neutral passed the House 103-0-0. This bill provides that, if a for-profit, post-secondary educational institution that received monetary award program funds at a time the institution was found to have been using an unfair, misleading, or deceptive practice and if the educational institution is required to reimburse students for loans taken to pay for the students' education in accordance with a final judgment against the institution issued by a court of competent jurisdiction, based on acts occurring at least 6 months after the effective date of the amendatory Act, then any monetary award program funds paid to that institution for students who attended the institution during the period of judgment or determination must be refunded to the Illinois Student Assistance Commission. Sets forth provisions concerning the issuance of a refund, notification, and the award of grants to students.

HB 2901, Site Remediation Plan passed the Senate 56-0-0. This bill provides that the Environmental Protection Agency may require an RA for a site to make an advance partial payment of $2,500 (rather than an advance partial payment not exceeding $5,000 or one-half the total anticipated costs of the Agency, whichever sum is less). Makes changes concerning the persons who must review and approve site remediation plans. Allows reviews undertaken by the Agency or a RELPEG to be completed and the decisions communicated to the RA within 90 days after the request for review or approval if 2 or more plans or reports are submitted concurrently. Provides that, notwithstanding any other provision, the Agency is not required to take action on any submission from or on behalf of an RA if the RA has failed to pay all fees due. Requires any deadline for Agency action on such a submission to be tolled until the fees are paid in full. 

HB 3129, Pay Scale-Neutral passed the Senate 35-19-0. This bill provides that it is unlawful for an employer with 15 or more employees to fail to include the pay scale for a position in any job posting. Provides that if an employer with 15 or more employees engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale to the third party and the third party shall include the pay scale in the job posting. provides that if an employer engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party shall include the pay scale and benefits, or a hyperlink to the pay scale and benefits, in the job posting. Provides that the Department of Labor, during its investigation of a complaint, shall make a determination as to whether a job posting is not active by considering the totality of the circumstances, including, but not limited to: (i) whether a position has been filled; (ii) the length of time a posting has been accessible to the public; (iii) the existence of a date range for which a given position is active; and (iv) whether the violating posting is for a position for which the employer is no longer accepting applications.

HB 3326, Automated License Plate Readers-Neutral passed the House 72-39-0. This bill, as amended, provides that an automated license plate reader (ALPR) user shall not sell, share, allow access to, or transfer ALPR information to any state for the purpose of investigating or enforcing a law that: (1) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services; or (2) permits the detention or investigation of a person based on the person's immigration status. Provides that any law enforcement agency that uses ALPR systems shall require other out-of-state law enforcement agencies to acknowledge that any shared ALPR images or data generated in the State will not be used in a manner that violates the provisions by executing a written declaration before obtaining that data, and if a written declaration is not executed before sharing or transfer of the data, the law enforcement agency shall not share the ALPR images or data with the out-of-state law enforcement agency. Provides that ALPR information shall be held confidentially to the fullest extent permitted by law. 

HB 3340, Municipal Borrowing/IFA passed the Senate 55-1-0. This bill amends the Illinois Municipal Code. In provisions relating to a municipality borrowing money from a bank or other financial institution, modifies the definition of "financial institution" to include the Illinois Finance Authority.

HB 3563, DOIT-AI Task Force-Support passed the Senate 54-0-0. This bill provides that the Department of Innovation and Technology shall establish the Generative AI and Natural Language Processing Task Force investigate and provide a report on generative artificial intelligence software and natural language processing software. Sets forth the members to serve on the Task Force. Provides that the Task Force shall provide a report by December 31, 2024. 

HB 3849, Food Products Labeling passed the Senate 34-20-0. This bill provides that the Department of Agriculture, in consultation with the Department of Public Health, shall, on or before July 1, 2024, publish information to encourage food manufacturers, processors, and retailers responsible for the labeling of food products to voluntarily use the specified uniform terms on food product labels to communicate quality dates and safety dates. Provides that the Department of Agriculture shall promote the consistent use of the terms specified pursuant to these provisions in the course of its existing interactions with food manufacturers, processors, and retailers. Provides that in the process of implementing these provisions, the Department shall encourage food distributors and retailers to develop alternatives to consumer-facing "sell by" dates. Provides that the Department may accept nonstate funds from public and private sources to educate consumers about the meaning of the quality dates and safety dates specified in these provisions.

HB 3955, Hospitals passed the Senate 55-1-0. This bill provides that, notwithstanding any provision of law to the contrary, hospitals organized or licensed under the Acts, in accordance with specified federal law, shall not delay provisions of a required appropriate medical screening examination or further medical examination and treatment for a patient in a hospital's emergency room in order to inquire about the individual's method of payment or insurance status.

HJR 35, LIG was adopted 112-1-0. This resolution reappoints the Honorable Michael P. McCuskey as Legislative Inspector General for a term that begins July 1, 2023 and ends June 30, 2028.

SB 46, Waterway Ports Commission passed the House 113-0-0. This bill creates the Illinois Waterway Ports Commission Act. Provides that the Illinois Waterway Ports Commission is created and shall exercise jurisdiction with respect to the duties and powers delegated to it under the Act within the following port districts and counties: the Seneca Regional Port District, the Ottawa Port District, the Illinois Valley Regional Port District, the Heart of Illinois Regional Port District, and the Havana Port District and Fulton, Mason, Tazewell, Peoria, Woodford, Marshall, Putnam, Bureau, LaSalle, and Grundy counties. Provides that the Commission shall (1) coordinate and synchronize common efforts and initiatives in the Commission area to enhance the reporting and benefits of statistical data; (2) make recommendations to the Governor, the General Assembly, Congress, and federal agencies on regional issues that impact multimodal transportation, economic development, environmental sustainability, and climate resiliency of the Commission area; (3) coordinate and synchronize common efforts and initiatives on the larger Illinois Waterway with the Mid-America Port Commission and the Joliet Regional Port District; (4) coordinate and synchronize federal activities associated with the nonfederal sponsorship of the M-55 Illinois-Gulf Marine Highway; and (5) request and assist in requesting funding for the Commission area and the surrounding areas, as the Commission deems necessary.

SB 69, Hospitals/Immunization Policy passed out of the House 89-15-0. This bill requires every hospital to adopt an influenza and pneumococcal immunization policy that includes procedures for identifying patients age 50 or older for influenza immunization and 65 or older for pneumococcal immunization (rather than just for identifying patients age 65 or older).

SB 203, Pesticides passed the House 80-24-0. This bill sets forth penalty assessments for any person found by the Department of Agriculture to have committed a use inconsistent with the label that results in human exposure to a pesticide.

SB 218, Physician Assistant passed the House 103-0-0. This bill provides that any physician assistant required to enter into a written collaborative agreement with a collaborating physician is authorized to continue to practice for up to 90 days after the termination of a written collaborative agreement, provided the physician assistant seeks any necessary collaboration at a local hospital and refers patients who require services beyond the training and experience of the physician assistant to a physician or other health care provider. Provides that physicians and physician assistants who work in a federally qualified health center are exempt from specified collaborative ratio restriction requirements. Adds physician assistants providing services in federally qualified health centers to provisions that authorize certain physician assistants to provide services without a written collaborative agreement and to prescribe certain controlled substances.

SB 328, Automatic Contract Renewal passed the House 102-0-0. This bill, as amended, provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract, where such contract automatically renews unless the consumer cancels the contract, shall (i) disclose the automatic renewal offer terms clearly and conspicuously in the contract before the subscription or purchasing agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer; (ii) not charge the consumer's credit or debit card or other payment mechanism for an automatic renewal service without first obtaining the consumer's consent to the contract containing the automatic renewal offer terms; (iii) provide an acknowledgment that includes the automatic renewal offer terms, cancellation policy, and information regarding how to cancel, which may be accomplished by linking to a resource that provides instructions that account for different platforms and services, in a manner that is capable of being retained by the consumer; and (iv) if the offer includes a free gift or trial, disclose how to cancel the contract, which may be accomplished by linking to a resource that provides instructions that account for different platforms and services, and allow the consumer to cancel before the consumer pays for the good or services. Provides that the Act does not apply to a contract for the sale of any product or service by a provider that is subject to Article XXII of the Public Utilities Act. Provides that the Act does not apply to a party regulated by the Director of the Department of Insurance or an affiliate of such party. Provides that the Act does not apply to a party, or an affiliate of the party, regulated by the Director of the Department of Insurance.

SB 759, Physician/Vaccines passed the House 96-7-0. This bill provides that a podiatric physician may provide vaccinations to patients 18 years of age and older upon completion of appropriate training. Provides that vaccinations administered by a podiatric physician shall be limited to influenza (inactivated influenza vaccine and live attenuated influenza intranasal vaccine), tetanus, and SARS-CoV-2. Requires the podiatric physician to notify the patient's primary care physician of each dose of vaccine administered to the patient and enter all patient level data or update the patient's current record. 

SB 836, Paint Stewardship passed out of the House 112-0-0. This bill creates the Paint Stewardship Act. Provides that each manufacturer of architectural paint sold or offered for sale at retail in the State shall submit to the Environmental Protection Agency a plan for the establishment of a postconsumer paint stewardship program. Requires the Agency to make a determination regarding whether to approve or disapprove the plan within 60 days of the plan being submitted. Prohibits a person from incinerating architectural paint collected pursuant to a paint stewardship plan. Requires the plan to be submitted no later than 12 months after the effective date of the Act. Restricts a manufacturer or retailer from selling or offering to sell architectural paint to any person in the State unless the manufacturer of the paint brand or the manufacturer's representative organization is implementing a paint stewardship plan. Provides that a manufacturer or representative organization participating in a postconsumer paint stewardship program shall not be liable for any claim of a violation of antitrust, restraint of trade, unfair trade practice, or other anticompetitive conduct arising from conduct undertaken in accordance with the program. Provides that by July 1, 2026, and each July 1 thereafter, a manufacturer or representative organization shall submit a report to the Agency that details the implementation of the manufacturer's or representative organization's program during the prior calendar year. Provides that financial, production, or sales data reported to the Agency by a manufacturer, retailer, or representative organization is confidential business information and is exempt from disclosure under the Freedom of Information Act. Requires a manufacturer or representative organization submitting a program plan to pay an administrative fee of $10,000 to the Agency at the time of submission. Provides that by July 1, 2026, and each July 1 thereafter, a manufacturer or representative organization operating a stewardship program shall remit to the Agency a $40,000 administration fee. Provides that on or before January 1, 2025, a manufacturer or representative organization shall implement a postconsumer paint collection plan. Provides that collection sites shall accept architectural paint from households and very small quantity generators to the extent provided in the postconsumer paint stewardship program. Sets forth penalties for violation of the Act, including a $7,000 civil penalty per violation. Provides that it is in the best interest of the State for paint manufacturers to, among other things, collect, transport, and process leftover paint for end-of-life management, including reuse, recycling, and disposal.

SB 849, Blue-Ribbon Commission passed the House 112-0-0. This bill reenacts the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act. Makes changes to the dates by which the Commission's members must be appointed, hold their first meeting, and report their findings to the General Assembly. Extends the Act's repeal date to February 1, 2024.

SB 851, Broadband passed the Senate 56-0-0. This bill provides that the Broadband Advisory Council shall evaluate the expansion of the Illinois Century Network to Illinois public schools, public libraries, and State-owned correctional institutions or facilities, including issuing recommendations for increasing agency staffing, infrastructure development, price modeling, and providing download speeds of at least one gigabyte per second and upload speeds of at least one gigabyte per second. Requires the Council to study the feasibility of connecting all Illinois public schools, public libraries, and State-owned correctional institutions or facilities to the Illinois Century Network by January 1, 2030. Provides that the Office of Broadband within the Department of Commerce and Economic Opportunity shall support and assist the Council in the development of the study. Provides that the Council shall issue a report on its findings, recommendations, options for expansion, and any recommended legislation to the General Assembly by January 1, 2024.

SB 895, County Boundaries passed the Senate 48-8-0. This bill provides that a county shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the county highway system, is jointly performed with another county through the sharing of road equipment pursuant to an intergovernmental agreement, or is provided as necessary relief services following the occurrence of a disaster. Provides that a road district shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bike path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the township and district road system, in an adjacent road district, is jointly performed with another road district through the sharing of road equipment pursuant to an intergovernmental agreement, or provided as necessary relief services following the occurrence of a disaster. Provides that a municipality shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bike path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the municipal street system (rather than within its corporate limits), in an adjacent municipality, or provided as necessary relief services following the occurrence of a disaster. Provides that the term "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow.

SB 1127, Wind Energy passed the House 101-0-0. This bill states that in provisions regarding county regulation of commercial wind energy facilities and commercial solar energy facilities, provides that changes adopted by Public Act 102-1123 do not apply to a commercial wind energy or commercial solar energy development on property that is located within an enterprise zone certified under the Illinois Enterprise Zone Act, that was classified as industrial by the appropriate zoning authority on or before January 27, 2023, and that is located within 4 miles of the intersection of Interstate 88 and Interstate 39.

SB 1282, INS Coverage passed the House 75-26-0. This bill Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 shall provide coverage for preventative liver disease screenings for individuals 35 years of age or older and under the age of 65 at high risk for liver disease, including liver ultrasounds and alpha-fetoprotein blood tests every 6 months, without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided. Provides that the provisions do not apply to coverage of liver disease screenings to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to specified federal law.

SB 1474, Hydropower passed the House 108-0-1. This bill provides that the Illinois Power Agency is authorized to oversee the procurement by electric utilities of renewable energy credits from newly modernized or retooled hydropower dams or dams that have been converted to support hydropower generation. Provides that in developing the long-term renewable resources procurement plan: the Agency shall also consider other approaches, in addition to competitive procurements, to procure renewable energy credits from new and existing hydropower facilities to support the development and maintenance of these facilities; and the Agency shall explore options to convert existing dams but shall not consider approaches to develop new dams where they do not already exist. Provides that on and after the effective date of the amendatory Act, for all procurements of renewable energy credits from hydropower facilities, the Agency shall establish contract terms designed to optimize existing hydropower facilities through modernization or retooling and establish new hydropower facilities at existing dams, and that such procurements shall prioritize projects located in designated environmental justice communities or in projects located in units of local government with median incomes that do not exceed 82% of the median income of the State. Provides that all new, modernized, or retooled hydropower facilities are subject to the prevailing wage requirements under the Prevailing Wage Act. Makes other changes. Amends the Public Utilities Act. Provides that the renewable energy access plan developed and adopted by the Illinois Commerce Commission shall make findings and policy recommendations based on analysis regarding the impact of converting non-powered dams to hydropower dams relative to the alternative renewable energy resources.

SB 1515, Employment Verification-Neutral passed the House 67-38-0. This bill provides for additional rights and protections granted to an employee following the notification of a discrepancy. Provides that specified requirements apply if an employer takes any adverse action against an employee. Provides that a notification of a discrepancy may be from any federal or State agency, including, but not limited to the Social Security Administration or Internal Revenue Service.

SB 1526, IDOT Mobile Application passed the House 69-40-1. This bill requires the Department to develop a mobile application that provides motorists with updated traffic conditions.

SB 1563, Microplastics passed the House 104-0-0. This bill provides that, by March 1, 2024, the Illinois Environmental Protection Agency shall make publicly available on its website the following information: (1) a description of microplastics and their effects on aquatic life and human health; (2) any federal and State regulatory actions taken to address microplastics and their effects on aquatic life and human health; (3) contact information for an employee of the Agency who is available to provide information on microplastics if a member of the public has questions or concerns; and (4) additional resources. Provides that by October 1, 2024, the Agency shall submit a report to the General Assembly and the Governor that provides an overview of any Agency actions relating to microplastics, a comparative analysis of actions in other states regarding microplastics in the environment, and information on the latest guidance from the United States Environmental Protection Agency.

SB 1570, Design Build passed the House 103-0-0. This bill creates the Municipal Design-build Contracts Division in the Illinois Municipal Code, which may be cited as the Municipal Design-build Authorization Act. Provides that a municipality may enter into design-build contracts. Includes scope and performance criteria for design-build contracts, a two-phase procedure for selection of contracts, requirements for submission of proposals, procedures for awarding contracts, and requirements of reports and evaluation of contracts. Provides that, if the total overall cost of a project is estimated to be less than $12,000,000, the municipality may combine the two-phase procedure for selection into one phase. Provides that, after a response to a request for qualifications or a request for proposal has been submitted, a design-build entity may not replace, remove, or otherwise modify any firm identified as a member of the proposer's team unless authorized to do so by the municipality. Provides that a school district may enter into design-build contracts.

SB 1653, Early Warning Pilot Program passed the House 67-38-0. This bill provides that the Department of Transportation shall establish a low-clearance early warning device pilot program. Provides that an early warning device may include, but is not limited to, LiDAR, radar, visual signal, or additional signage. Allows the Department of Transportation to work with the University of Illinois on the pilot program. Provides that the fine shall not exceed $1,000.

SB 1715, Bottle Refill Requirement passed the House 85-23-0. This bill provides that the Department of Public Health shall adopt a rule requiring that for each drinking fountain in any new construction where a drinking fountain is required under the Illinois Plumbing Code, there shall also be a bottle filling station or a combined bottle filling station and drinking fountain. Provides that the rules required to be adopted shall take effect and be implemented by July 1, 2026. 

SB 1769, Govt. Zero Emissions Vehicles passed the Senate 33-20-0. This bill, as amended, provides that, notwithstanding any other provision of law, beginning on January 1, 2030, all passenger vehicles, except law enforcement vehicles, purchased or leased by a governmental unit must either be a manufactured zero-emissions vehicle or a converted zero-emissions vehicle.

SB 1774, Clinical Trial-Support passed the House 111-0-0. This bill amends the Cancer Clinical Trial Participation Program Act. Changes the short title of the Act to the Clinical Trial Participation Program Act. Throughout the Act, replaces references to "cancer clinical trial" with references to "clinical trial" and makes conforming changes. Provides that "clinical trial" includes a voluntary research study conducted on people and designed to answer specific questions about the safety or effectiveness of a drug, vaccine, therapy, medical device, medical diagnostic, or new way of using an existing treatment to treat or diagnose a condition. 

SB 1804, Refrigerant passed the House 111-0-0. This bill provides that a refrigerant designated as approved in accordance with the safe alternatives policy of the United States Code shall be allowed for use in the State as long as any equipment containing such refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to such designation. Provides that no unit of local government or municipality shall be restricted from authorizing or prohibiting alternative refrigerants otherwise authorized for use in the State.

SB 1879, Alternative Electric Supplier passed the House 113-0-0. This bill Provides that if an alternative retail electric supplier warrants to an electric utility serving more than 500,000 retail customers that the alternative retail electric supplier's customer has provided consent to access interval data, then, until either the customer contacts the alternative retail electric supplier to opt out or the customer is no longer served by the alternative retail electric supplier, an electric utility serving more than 500,000 retail customers shall electronically transmit interval meter usage data for each residential retail customer that meets certain requirements. Provides that an electric utility shall submit tariffs to the Illinois Commerce Commission for approval within 120 days after the effective date of the amendatory Act to meet the requirements and provide such services no later than June 1, 2024. Provides that an alternative retail electric supplier shall not sell interval data and allows an alternative retail supplier to license or disclose interval data under specified conditions. Provides that no costs incurred by an electric utility to provide data or services shall be paid by ratepayers. Provides that an alternative retail electric supplier that is certified to serve residential or small commercial retail customers shall not warrant that it has a residential customer or small commercial retail customer's express consent agreement to access interval data unless the alternative retail electric supplier has taken specified actions or release, sell, license, or otherwise disclose any specified customer interval data obtained. Provides that an alternative retail electric supplier shall be strictly liable under the Consumer Fraud and Deceptive Business Practices Act, the Public Utilities Act, and any other applicable law for any improper or unauthorized disclosure of customer interval data by it or any entity to which it discloses such customer interval data, regardless of whether such data was disclosed under specified terms.

SB 1889, Pharmacy passed the House 112-0-0. This bill provides that supportive staff who solely perform clerical work are not required to be licensed as a registered pharmacy technician. Defines "clerical work". Provides that it shall be the responsibility of the pharmacy, the pharmacist-in-charge, and the pharmacy technician to ensure supportive staff are properly trained. Provides that the pharmacy or pharmacist-in-charge shall alert the chief pharmacy coordinator when supportive staff have been terminated for threatening patient safety or diversion. Provides that when a pharmacist is not present in the pharmacy, a registered pharmacy technician, registered certified pharmacy technician, student pharmacist, and other supportive staff shall sell prescriptions that have received final verification by a pharmacist. Provides that a registered pharmacy technician, registered certified pharmacy technician, student pharmacist, or other supportive staff shall connect a patient to a pharmacist to provide counseling by audio or video technology for any prescription that requires counseling by a pharmacist. Provides that it shall be the responsibility of the pharmacy and pharmacist-in-charge to ensure that all staff, including supportive staff, are trained in selling pre-verified prescriptions. Provides that the prescription record shall contain the names, initials, or other unique identifier of both the pharmacist who verified the prescription and the staff member who sells the prescription.

SB 1896, Vehicle Sales passed the House 113-0-0. This bill provides that an Illinois licensed new or used motor vehicle dealer is authorized to conduct sales activities, including the collection of electronic signatures, via the Internet and deliver vehicles to a customer at the customer's residence or other suitable location, if the sale, lease, or delivery is requested by the customer. Provides that any documents that State or federal law require to be signed in person may be signed at the time of delivery without constituting an off site sale that is subject to the permit requirements for off site sales. The Secretary of State may adopt rules regulating the conduct of off site sales.

SB 1897, Rock Island Port District passed the House 95-16-1. This bill creates the Rock Island Regional Port District Act. Establishes the Rock Island Regional Port District within the corporate limits of the City of Rock Island. Provides that territory of adjacent municipalities may be annexed into the Port District. Contains provisions related to the operation of the Port District, rights and powers of the Port District and participating municipalities, lease of property, easements and permits, bonds and tax levies, eminent domain powers, and other provisions. Limits the concurrent exercise of home rule powers.

SB 1997, Building Regulation passed the House 103-9-0. This bill provides that a county with a population of less than 1,000,000 may establish minimum requirements for new building design and construction to lessen the risks caused by new building design and construction to wildlife and sensitive habitats. 

SB 2014, IDOT Safety Improvements passed the House 110-0-0. This bill requires the Department of Transportation to develop a policy which ensures the safety of pedestrians and cyclists on roadways within the State. Establishes that improvements will be made during routine maintenance and within a distance of 500 feet of the maintenance work on any State road within a municipality to include high visibility signage, crosswalk improvements, curb bump outs, barrier protected bike lanes, and bus shelters. Requires the Department to submit a semi-annual report on pedestrian and bicycle safety improvements on non-highway State routes that have been initiated, are in progress, or are recently completed.

SB 2034, Child Extended Bereavement-Neutral passed the House 81-24-0. This bill provides that an employee of a large employer that employs 250 or more full-time employees is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Provides that an employee of a small employer that employs at least 50 but fewer than 250 full-time employees is entitled to use a maximum of 6 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Provides that leave may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be completed within one year after the employee notifies the employer of the loss. Permits an employer to require reasonable advance notice of the employee's intention to leave and reasonable documentation. Provides that an employee who takes leave under the Act is entitled to be restored to the position of employment held by the employee when the leave commenced or to be restored to an equivalent position. Provides that nothing in the Act shall be construed to entitle any restored employee the accrual of any seniority or employment benefits during any period of leave. Provides that the Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993 or under any other paid or unpaid leave provided under federal, State or local law, a collective bargaining agreement, or an employment benefits program or plan. Prohibits an employer from taking any adverse action against an employee who exercises his or her rights under the Act. Requires the Department of Labor to enforce the Act. Provides that a person who uses leave under either the Child Bereavement Leave Act or the Child Extended Bereavement Leave Act may not take leave under the other Act, and amends the Child Bereavement Leave Act accordingly. Provides that the "Employee" does not include full-time employees of the State of Illinois, except for those employees who are not otherwise eligible for family responsibility leave or a leave of absence without pay.

SB 2278, Truck Length-Neutral passed the House 87-25-0. This bill, as amended, provides that the State or any unit of local government shall not be required to design or construct a new non-designated highway to accommodate truck tractor-semitrailer combinations. Provides that each unit of local government shall (rather than may) report to the Department of Transportation, and the Department shall post on its official website, any limitations prohibiting the operation of vehicles imposed by ordinance or resolution in the unit of local government's non-designated highway system and any non-designated highway that is not designed and constructed after January 1, 2023 to the overall length dimension of vehicles permitted under the Code.

SB 2368, Building Codes passed the House 85-19-0. This bill Amends the Capital Development Board Act. In provisions about occupying a newly constructed commercial building in a non-building code jurisdiction, modifies the standards by which a qualified inspector must file a certification of inspection with a municipality. Provides that, once a building permit is issued or construction begins when no building permit is needed, the code in effect on January 1 of that calendar year applies for the duration of the permit or construction. Modifies provisions limiting applicability, modifies definitions, and makes other changes. Modifies how municipalities with a population of less than 1,000,000 and all counties must identify local building codes. Provides that provisions concerning certification for inspection shall apply to a substantially improved commercial building. Provides that specified amendatory changes to the Capital Development Board Act shall apply beginning January 1, 2025.

SB 2424, Land Acquisition passed the House 108-0-0. This bill provides that the definition of "project" includes any land acquisition that is conducted by either the Department of Transportation or Illinois Toll Highway Authority and that requires architectural, engineering, or land surveying services.

View the Chamber 2023 Key Bill Report HERE.