GOVERNMENT AFFAIRS
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January 28st, 2022
This Week in Illinois
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Session Update
Both the House and Senate will return to Springfield on Tuesday, February 1st for in-person activity. View the House committee schedule here. View the Senate committee schedule here. On Wednesday, February 2nd Governor Pritzker is scheduled to deliver the combined annual State of the State and Budget Address on the House floor. The gallery will be closed.
This week, the House held virtual committee hearings while the Senate conducted no action as originally planned on the calendar.
The bill introduction deadline for the Senate was last Friday, January 21st. The House bill introduction deadline is today, January 28th.
Relevant Bills to Watch:
HB 5555 Permit Reform was filed. This bill provides that the office shall implement reforms to improve interagency coordination that allow for expeditious permitting issuance. Provides that the office shall utilize information technology tools to track project schedules and metrics to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. Modifies provisions and adds requirements concerning the providing of information and the expediting of permit reviews. Provides for the creation of an Interagency Permitting Advisory Committee. Provides additional requirements concerning the permitting process under the Act. This is a Chamber Initiative.
HB 5484 Electronic Service was filed. This bill provides that a private corporation may be served by electronic service as determined by rule.
HB3630, PBMs is assigned to the Prescription Drug Affordability & Accessibility Committee. This bill provides that if a generic equivalent for a brand name drug is approved by the federal Food and Drug Administration, plans that provide coverage for prescription drugs through the use of a drug formulary that are amended, delivered, issued, or renewed in the State on or after January 1, 2022 shall comply with specified requirements. Provides that the Department of Insurance may adopt rules to implement provisions concerning notice of change of drug formulary. In provisions concerning a contract between a health insurer and a pharmacy benefit manager, provides that a pharmacy benefit manager must update and publish maximum allowable cost pricing information according to specified requirements, must provide a reasonable administrative appeal procedure to allow pharmacies to challenge maximum allowable costs, and must comply with specified requirements if an appeal is denied. Sets forth provisions concerning pharmacy benefit manager contracts; specified requirements that a pharmacy benefit manager shall comply with; and specified requirements that an auditing entity shall comply with when conducting a pharmacy audit. Provides that a violation of specified provisions is an unfair method of competition and unfair and deceptive act or practice in the business of insurance. Sets forth provisions concerning applicability of the Pharmacy Benefit Managers Article of the Illinois Insurance Code, and provisions concerning fiduciary responsibility of a pharmacy benefit manager. Sets forth provisions concerning reimbursement of professional dispensing fees and acquisition costs for pharmacy providers.
HB4116 Employee Drug Testing is assigned to the Labor & Commerce Committee. This bill provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. The Chamber opposes this bill.
HB4289, Eminent Domain is assigned to the House Public Utilities Committee. This bill provides that no property belonging to a public utility providing water or sewer service subject to the jurisdiction of the Illinois Commerce Commission may be taken or damaged by eminent domain without prior approval of the Illinois Commerce Commission. Excludes eminent domain actions commenced prior to the effective date of the amendatory Act. The Chamber supports this bill.
SB3038, Government Nondisclosure Agreements was assigned to the Senate Executive Committee. This bill provides that no agreement or contract entered into by the State, any municipality, or any county, or any party negotiating on behalf of such governmental entity, for projects or economic development, including, but not limited to, tax incentives, payments in lieu of taxes, tax abatements, bonds, notes, loans, grants, or rebates, shall contain any provision, clause, or language that provides that the agreement or contract or any of its terms are confidential or that the parties to the agreement or contract are prohibited from disclosing, discussing, describing, or commenting upon the terms of the agreement or contract.
SB 3456 Net Loss Carryover amends the Illinois Income Tax Act. Removes a provision for taxable years ending on or after December 31, 2021 and prior to December 31, 2024 limiting the net loss carryover deduction to $100,000. Effective immediately. This bill is an Illinois Chamber Tax Institute initiative.
SB 3643 Cryptocurrency was filed. This bill amends the Civil Administrative Code of Illinois. Defines "cryptocurrency" and "cryptocurrency mining." Modifies "qualifying Illinois Data center" to include data centers engaged in cryptocurrency mining over a 60-month period that may begin no earlier than 60 months prior the effective date of this Act; or data centers engaged in cryptocurrency commencing before the effective date of this Act and ending after the effective date of this Act in the case of a data center. Effective immediately. This bill is an Illinois Chamber initiative.
SB 3719 CDL Tax Credit has been filed by Senator Dewitte. This bill creates an income tax credit for a taxpayer that hires a new employee for a position as a driver for which a commercial driver's license is required and an individual taxpayer who is employed as a driver in a position in which a commercial driver's license is required. This bill seeks to address the critical CDL shortage by providing new tax incentives to both employers and drivers. We will have more information on this bill next week. This is a Chamber Tax Institute Initiative.
SB 3782 BIPA Security Purposes was filed by Senator Connor. This bill allows a private entity to collect, capture, or otherwise obtain a person's or customer's biometric identifier or biometric information without satisfying other specified requirements if: (1) the private entity collects, captures, or otherwise obtains a person's or customer's biometric identifier or biometric information for a security purpose; (2) the private entity uses the biometric identifier or biometric information only for a security purpose; (3) the private entity retains the biometric identifier or biometric information no longer than is reasonably necessary to satisfy a security purpose; and (4) the private entity documents a process and time frame to delete any biometric identifier or biometric information. Defines "security purpose" as the purpose of preventing retail theft, fraud, or any other misappropriation or theft of a thing of value, including protecting property from trespass, controlling access to property, protecting any person from harm, including stalking, violence, or harassment, and assisting a law enforcement investigation. This bill provides a law enforcement and security exception to the State's infamous BIPA law. This is a Chamber initiative.
Bills with Committee Action this Week:
HB 4165 Water Rescue Equipment passed out of the Human Services Committee by a vote of 14-0-0. This bill creates the Lake Michigan Rescue Equipment Act. Provides that the owner of a pier or drop-off on Lake Michigan shall install public rescue equipment, including, at a minimum, ring life buoys, on each of the owner's piers and drop-offs along the Lake Michigan coast. Provides that public rescue equipment shall also be installed in all high-incident drowning areas on an owner's property. Includes requirements for ring life buoys. Provides that each unit of local government owning a pier or drop-off on Lake Michigan shall track and report to the Department of Public Health, in a form prescribed by the Department, Lake Michigan lakefront drownings, both fatal and non-fatal drownings, near the unit's piers and drop-offs. Includes tracking and reporting requirements. Provides that the Department shall analyze the tracking and reporting and appropriately provide a plan and recommendations for reduction in drowning incidents.
HB 4272, Childcare Center passed out of Committee this week by a vote of 9-0-0. This bill provides that the definition of "day care center" does not include facilities operated in connection with a shopping center or service, religious services, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied within 0.15 miles away from the location of the child care facility and readily available.
SB145 Physician Assistant Passed out of the Healthcare Licenses Committee by a vote of 8-0-0. This bill, as amended, provides that the collaborating physician shall file with the Department of Financial and Professional Regulation notice of employment, discharge, or collaboration with a physician assistant within 60 days (rather than at the time) of employment, discharge, or assumption of collaboration with a physician assistant. Provides that nothing in the provisions shall prevent a physician assistant from beginning his or her employment before the notice of employment or collaboration has been filed.
President & CEO Maisch Releases New Two Minute Drill
Chamber President & CEO Todd Maisch released the latest video in his weekly "two minute drill" series. Maisch discusses key legislation that the Illinois Business community should be tracking this spring session.
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Nearly $220 Million Announced in Rebuild Illinois Funding to Support Local Transit, Ports Projects
On Wednesday, the Illinois Department of Transportation announced that almost $111.4 million has been awarded to transit providers downstate as part of the Rebuild Illinois capital program. The governor also announced an additional $108.3 million for public ports in Illinois.
Read the full announcement view recipients here.
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Weekly GAP Call
the Chamber will host a Government Affairs Professionals (GAP) call on Monday, January 31st at 3:00 pm. We will provide you the latest updates on what legislation we are watching this Spring. Call in information is provided below.
Microsoft Teams meeting
Join on your computer or mobile app
Or call in (audio only)
Phone Conference ID: 463 563 254#
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New Employment Law Update for Illinois Employers of All Sizes
Please join Management-Side Labor & Employment Attorney, Jeff Risch, of SmithAmundsen LLC for an in-depth review and discussion of the very latest employment & labor law developments over the past year as well as the latest proposals in Washington DC and Springfield in 2022. More information can be found here.
When: Thursday, February 17, 2022 from 8:30 AM to 12:30 PM CST
Where: Illinois Chamber of Commerce 215 E. Adams, Springfield, IL 62701
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If you have questions about the Government Affairs Report, contact Clark Kaericher at ckaericher@ilchamber.org. Do not reply to this email.
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