GOVERNMENT AFFAIRS
------------Report

May 19, 2023


This Week in Illinois

Session Update


The House and Senate both returned to Springfield on Monday for the final scheduled week of session. Action continued in both chambers well into Friday evening. As this week progressed, and no budget bill was passed out of either chamber, it became clear work would continue into next week.


As session draws to a close, there was significant floor action of note today and over the past few days. Relevant bills acted upon this week are noted in an additional section below. Rail Report subscribers should view the "today's action" section for their regularly scheduled newsletter.


Provided below is also an update on scheduling. We will keep you posted if there are any further scheduling changes.

Spring Session Continues


With the budget having made less than anticipated progress over the course of the week, the Senate and House will reconvene next week on Wednesday the 24th. The Senate will be in on Wednesday and Thursday while the House will be in Wednesday-Friday. The following statement was made by Senate President Don Harmon and House Speaker Emanuel “Chris” Welch in relation to budget negotiations and the extension of spring session...


"When we came to Springfield in January, we made it clear that our top priority was a fiscally responsible budget that prioritized hardworking Illinoisans. That continues to be true. Conversation is ongoing and negotiations are productive. We are committed to passing a good, balanced budget for the people of Illinois."

GAP Call


The Illinois Chamber will host its Government Affairs Professionals (GAP) call on Monday, May 22nd at 3:00 pm. We will provide you updates on the legislation we are watching for the final week of spring session.


Note: this is an additional GAP Call as session has been extended. This will be the final planned call of the Spring.


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Today's Floor Action


HB 1363, Employer/Gender Related Violence-Neutral passed the House 73-35-0 on concurrence. This bill amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. Provides that an employer is only liable for gender-related violence committed in the workplace by an employee or agent of the employer. Provides that liability only extends to an employer for gender-related violence that occurs: (i) while the employee was directly performing the employee's job duties and the gender-related violence (rather than the performance of the job duties) was the proximate cause of the injury; or (ii) while the agent of the employer was directly involved in the performance of the contracted work and the gender-related violence (rather than the performance of the contracted work) was the proximate cause of the injury. Provides that an employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, then within 4 years after the person reaches the age of 18. Provides that nothing in the Act precludes a person who has been the victim of gender-related violence from pursuing any other right or cause of action created by statute or common law. 


HB 1342, Transit passed the House 74-39-0 on concurrence. This bill provides that the powers of the Chicago Transit Board include the power to pass ordinances or adopt rules and regulations concerning the suspension of riding privileges or confiscation of fare media. Amends the Local Mass Transit District Act and the Regional Transportation Authority Act. Provides that a local mass transit district's board and the Suburban Bus Board may adopt all ordinances and make all rules proper or necessary to regulate the use, operation, and maintenance of its property and facilities, and to carry into effect the powers granted to each board with any necessary fines or penalties, including ordinances, rules, or regulations concerning the suspension of riding privileges or confiscation of fare media, as each board deems proper. Adds limits to suspension of riding privileges and confiscation of fare media and required procedures. Further amends the Metropolitan Transit Authority Act. Provides that the Chicago Transit Board shall partner with the City of Chicago to provide transportation at reduced fares for participants in programs which offer employment and internship opportunities to youth and young adults ages 14 to 24. Further amends the Regional Transportation Authority Act. Provides that, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from specified fares and charges received in fiscal years 2021, 2022, 2023, 2024, and 2025 (rather than 2021, 2022, and 2023) may be less than 50% of the aggregate costs of providing public transportation in those fiscal years. Provides that, after July 1, 2026 (rather than January 1, 2026), a Service Board may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Service Board's transit bus fleet. Provides that a Service Board shall not be deemed to be in violation of the provisions when failure to comply is due to: (1) the unavailability of zero-emission buses from a manufacturer or funding to purchase zero-emission buses; (2) the lack of necessary charging, fueling, or storage facilities or funding to procure charging, fueling, or storage facilities; or (3) the inability of a third party to enter into a contractual or commercial relationship with a Service Board that is necessary to carry out the purposes of the provisions. Provides that the Regional Transportation Authority shall file a statement certifying that the Service Boards published specified data with the General Assembly and the Governor after adoption of the Annual Budget and Two-Year Financial Plan and, if the Authority fails to file a statement certifying publication of the data, then the appropriations to the Department of Transportation for grants to the Authority intended to reimburse the Service Boards for providing free and reduced fares shall be withheld. 


HB 1497, Car sharing passed the Senate 55-0-0. This bill amends the Automobile Renting Occupation and Use Tax Act. Amends various definitions to exempt car-sharing from the tax imposed under the Act if tax due on the automobile under the Retailers' Occupation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois. Provides that the taxes imposed under the Act do not apply to any amounts paid or received for peer-to-peer car sharing, as defined in the Car-Sharing Program Act, or the privilege of sharing a shared vehicle through a car-sharing program, as defined in the Car-Sharing Program Act, if the shared vehicle owner paid applicable taxes upon the purchase of the automobile. Defines "applicable taxes". Further amends the Illinois Vehicle Code. Provides that a person who rents a motor vehicle to another may hold the renter liable for physical or mechanical damage to the rented motor vehicle that occurs during the time the motor vehicle is under the rental agreement. Creates limits on liability due to theft based on the MSRP of the stolen vehicle. Provides that, beginning on the effective date and for 6 months after, a person who rents a motor vehicle to another shall provide notice to the renter of the motor vehicle of the changes reflected in the amendatory Act. Requires the notice to be posted in a conspicuous and unobscured place that is separate and apart from any other information. 


HB 2189, Insulin-Neutral passed the House 110-0-0 on concurrence. 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 2301, Radioactive Waste passed the Senate 58-0-0. This bill modifies the definition of "low-level radioactive waste" or "waste" to expand the referenced definition of byproduct material.


HB 2507 Property Tax Omnibus passed the Senate 55-0-0. This bill Amends the Property Tax Code. In a Section granting a homestead exemption to veterans with disabilities, provides that property that is used as a qualified residence by a veteran who was a member of the United States Armed Forces during World War II is exempt from taxation regardless of the veteran's level of disability. Provides that a veteran who qualifies as a result of his or her service in World War II need not reapply for the exemption. Makes changes concerning service-connected disabilities. Makes changes concerning surviving spouses. Creates a homestead exemption for surviving spouses of fallen police officers and fallen rescue workers in an amount equal to 50% of the equalized assessed value of the property. Makes changes concerning the valuation of wastewater facilities. In provisions concerning the Historic Residence Assessment Freeze Law, provides that the fair cash value of the property shall be based on the final determination by the assessment officer, board of review, Property Tax Appeal Board, or court. Provides that, after the expiration of the 8-year valuation period, if the current fair cash value is less than the adjusted base year valuation, then the assessment shall be based on the current fair cash value. Makes changes concerning multi-township assessors. Provides that property that is used for a petroleum refinery may be the subject of a real property tax assessment settlement agreement among the taxpayer and taxing districts in which the property is situated. Amends the Park District Aquarium and Museum Act. Changes the Act's short title to the Park District and Municipal Aquarium and Museum Act. Replaces the Act's existing references to "city" and "cities" with "municipality" and "municipalities". Provides that the board of park commissioners or corporate authorities of a municipality (currently, only boards of park commissioners) may levy a tax if the park district or municipality has control of a public park or parks within the park district or municipality in which an aquarium or museum is maintained. Amends the Property Tax Extension Limitation Law of the Property Tax Code. Provides that extensions for levies made under the Park District and Municipal Aquarium and Museum Act are special purpose extensions and are not included in the park district's or municipality's aggregate extension. Creates an exemption for municipality-built homes. Provides that real property that is used to provide services requiring a license under the Nursing Home Care Act or under the Specialized Mental Health Facilities Act shall not be assessed at a higher level of assessment than residential property in the county in which the nursing home or mental health services facility is located.


HB 2509Nursing-Support passed the Senate 55-0-1. 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 2862, Day and Temporary Labor-Oppose passed the House 72-36-0 on concurrence. This bill provides that no day and temporary labor service agency may send a day or temporary laborer to a place where a strike, a lockout, or other labor trouble exists without providing, at or before the time of dispatch, a statement, in writing and in a language that the day and temporary laborer understands, informing the day or temporary laborer of the labor dispute and the day or temporary laborer's right to refuse the assignment without prejudice to receiving another assignment. Provides that a day or temporary laborer who is assigned to work at a third party client for more than 90 calendar days shall be paid not less than the rate of pay and equivalent benefits as the lowest paid directly hired employee of the third party client with the same level of seniority at the company and performing the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and that are performed under similar working conditions. Provides that upon a reasonable belief that a day and temporary labor service agency or a third party client is in violation of any part of the Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or where any party to the action resides. Provides that before the assignment of an employee to a worksite employer, a day and temporary labor service agency must: (i) inquire about the client company's safety and health practices and hazards at the actual workplace where the day or temporary laborer will be working; (ii) provide training to the day or temporary laborer for general awareness safety training for recognized industry hazards the day or temporary laborer may encounter at the client company's worksite; (iii) transmit a general description of the training program; (iv) provide the Department of Labor's hotline number for the employee to call to report safety hazards and concerns as part of the employment materials provided to the day or temporary laborer; and (v) inform the day or temporary laborer who the day or temporary laborer should report safety concerns to at the workplace. Makes changes to the monetary amounts of registration fees and penalties. 


HB 2878, Procurement Omnibus passed the Senate 53-2-0. This bill amends the Illinois Procurement Code. Creates a bid preference for firms that employ former coal mine employees. Makes changes in provisions concerning single prime procurement methods; the Illinois business bid preference; the veteran bid preferences; small business set-aside reporting; the award of contracts to not-for-profit agencies for persons with significant disabilities; the duration of contracts; public education programming; the application of the Code to public institutions of higher education; and not-for-profit agencies for persons with significant disabilities. Adds provisions concerning software licensing contracts. Amends the Governmental Joint Purchasing Act. Authorizes chief procurement officers to approve the award of a contract on a non-competitive basis to a not-for-profit agency for persons with significant disabilities. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Makes changes in provisions concerning facility leases. Creates the Reimagining Hotel Florence Act. Provides that, notwithstanding any provision of law to the contrary, the Department of Natural Resources on behalf of the State may, pursuant to a competitive request for proposals process governed by the Illinois Procurement Code and rules adopted under that Code and the Act, enter into a public-private agreement to develop, finance, construct, lease, manage, or operate the Hotel Florence on behalf of the State. Provides for home rule preemption. Amends the Business Corporation Act of 1983. Adds provisions concerning contractor diversity reporting. Amends the State Fair Act. Exempts from the requirements of the Illinois Procurement Code procurement expenditures necessary to provide artistic or musical services, performances, events, or productions under the Act at the State Fairgrounds in Springfield. Amends the Transportation Sustainability Act. Specifies that the State's solicitations for the procurement of freight, small package delivery, and other cargo shipping and transportation services shall be subject to the Illinois Procurement Code or the Governmental Joint Purchasing Act (rather than only the Illinois Procurement Code). Amends the Public-Private Partnerships for Transportation Act. Replaces references to "transportation agency" with "responsible public entity". Defines "responsible public entity". Makes changes concerning public construction bonding requirements. 


HB 3017, Permitting Portal-Chamber/IERG Initiative passed the House 108-0-0 on concurrence. As amended, this bill provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. In provisions concerning an online transparency tool, provides that certain information shall be provided to the Office of Business Permits and Regulatory Assistance by State agencies. Provides that various provisions of the introduced bill are subject to appropriation. This bill is the Chamber/IERG initiative to create an online permitting portal for large industrial projects in Illinois.


HB 3062Venue-Oppose passed out the Senate 37-16-0. This bill amends the Code of Civil Procedure. Provides that, if an action is brought against the State or any of its officers, employees, or agents acting in an official capacity on or after the effective date of the amendatory Act seeking declaratory or injunctive relief against any State statute, rule, or executive order based on an alleged violation of the Constitution of the State of Illinois or the Constitution of the United States, venue in that action is proper only in the County of Sangamon and the County of Cook. 


HB 3086Pesticides passed the Senate 36-18-0. This bill amends the Illinois Pesticide Act. Increases various fees imposed under the Act beginning in 2024. Amends the Lawn Care Products Application and Notice Act. Provides that the lawn care containment permit fee is $250 (rather than $100). Provides that the Interagency Committee on Pesticides shall examine, with the assistance of the Department of Agriculture, the possibility of using continuing education courses to satisfy pesticide applicator competency requirements required for existing licensees.


HB 3095, Limestone passed the House 109-0-0 on concurrence. This bill requires the Pollution Control Board to adopt rules for the placement of limestone residual materials generated from the treatment of drinking water by a municipal utility in an underground limestone mine located in whole or in part within the municipality that operates the municipal utility. Requires the rules to be consistent with the Board's Underground Injection Control regulations for Class V wells, provided that the rules shall allow for the limestone residual materials to be delivered to and placed in the mine by means other than an injection well. Provides that rules adopted under the provision shall be adopted in accordance with the provisions and requirements of Title VII of the Act and the procedures for rulemaking in the Illinois Administrative Procedure Act, provided that a municipality proposing rules is not required to include in its proposal a petition signed by at least 200 persons. Provides that rules adopted under the provision shall not be considered a part of the State Underground Injection Control program established under the Act.


HB 3326Automated License Plate Readers-Neutral passed the Senate 39-15-0. This bill, as amended, provides that an ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that:(i)denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services as defined by the Lawful Health Care Activity Act; or (ii) permits the detention or investigation of a person based on the person's immigration status. Provides that any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates the the Act. 


HB 3792Prevailing Wage/Light Poles passed the Senate 41-14-0. This bill provides that the definition of "public works" includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. Provides for an exception if the project is performed by employees employed directly by the public body.


HB 3808, Video Service passed the Senate 57-0-0. This bill provides that "video service" means video programming provided by a video service provider and subscriber interaction that is required for the selection or use of video programming services. Provides that the definition of "video service" does not include direct-to-home satellite services defined in federal law. In provisions concerning applicable fees payable to the local unit of government, provides that "gross revenues" do include any revenues received from video programming accessed via a service that enables users to access content, information, electronic mail, or other services offered over the Internet, including Internet streaming content.


HB 3903, Redlight Cameras passed the Senate 55-0-0. This bill Prohibits any contractor that provides equipment and services for automated law enforcement, automated speed enforcement, or automated railroad grade crossing enforcement systems to municipalities or counties, as well as any political action committee created by such a contractor, from making a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Amends the Illinois Vehicle Code. Provides that an automated speed enforcement system or automated traffic law ordinance adopted by a municipality or county shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any contractor retained by the municipality or county. Prohibits any officer or employee of a municipality or county from knowingly accepting employment or receiving compensation or fees for services from a contractor that provides automated law enforcement system equipment or services to municipalities or counties. Requires the statistical analyses of the safety impacts of automated traffic law enforcement systems and automated speed enforcement systems to be conducted every 2 years. Provides that, if a county or municipality changes the vendor it uses for its automated traffic law enforcement system or automated speed enforcement system and must, as a consequence, apply for a permit, approval, or other authorization from the Department of Transportation for reinstallation of one or more of the components of that system and if, at the time of the application, the new vendor operates such a system for any other county or municipality in the State, then the Department of Transportation shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt. Provides that, if an automated traffic law enforcement system is removed or rendered inoperable due to construction, then the Department shall authorize the reinstallation or use of the automated traffic law enforcement system within 30 days after the construction is complete. 


HB 3957, Drug Pricing passed the House 88-23-0 on concurrence. This bill provides that a manufacturer or wholesale drug distributor shall not engage in price gouging in the sale of an essential off-patent or generic drug. Provides that the Director of Healthcare and Family Services or Director of Central Management Services shall (rather than may) notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the Medical Assistance Program under the Illinois Public Aid Code or a State health plan, respectively, that amounts to price gouging. Provides that a notice sent by the Attorney General to the manufacturer or wholesale drug distributor of an essential off-patent or generic drug shall serve as a litigation hold regarding documents and communications about that drug. Provides that upon petition of the Attorney General, a circuit court may issue an order imposing a civil penalty of up to $10,000 per day (rather than only $10,000) for each violation of the Act or providing for the Attorney General's recovery of costs and disbursements incurred in bringing an action against a manufacturer found to be in violation of the Act. Provides that if the Attorney General has reason to believe that a manufacturer or wholesale drug distributor of an essential off-patent or generic drug has violated the provisions, then the Attorney General may (rather than shall) send a notice to the manufacturer or the wholesale drug distributor requesting a statement. Removes language providing that the Director of Central Management Services shall notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the State health plan that amounts to price gouging.


SB 58, Degradable Plastics passed the Senate 36-20-0 on concurrence. This bill creates the State Entities Single-Use Plastic Reporting Act. Provides that beginning July 1, 2024, each State agency shall (1) track its own purchases of single-use plastic disposable foodware that are less than $2,000 or otherwise not reduced to writing, and (2) establish goals on reducing single-use plastic disposable foodware purchases based on the tracked purchases. Provides that, after January 1, 2025, State agencies and departments may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at the State agency or department. Adds provisions amending the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that the Department of Employment Security shall conduct a study on the potential impact on the workforce of the State of legislation prohibiting the sale and distribution of disposable food service containers composed in whole or in part of polystyrene foam. Provides that after January 1, 2026, or at the renewal of its next contract, whichever occurs later, no vendor contracted through a State agency or department may provide customers with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the State, and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the State.


SB 76, Nuclear Power passed the Senate on concurrence 36-14-0. This bill deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Requires any new nuclear reactor built in the State after the effective date of the amendatory Act to be an advanced nuclear reactor. Defines "advanced nuclear reactor". Provides that such requirements do not apply to the renewal or subsequent renewal of any license for an existing nuclear reactor.


SB 684, Central IL Regional Airport Authority passed the Senate 37-18-0 on concurrence. This bill creates the Central Illinois Regional Airport Authority. Provides that the territory of the Authority shall be the corporate limits of McLean County and that any existing airport authority located within McLean County is dissolved upon the establishment of the Authority. Provides that the new Authority shall assume the rights to all property, assets, and liabilities of any dissolved authority. Provides that, of the 3 commissioners appointed by the county board chairman, 2 shall reside in rural municipalities with a population less than 5,000 and one shall reside in an unincorporated area of McLean County.


SB 851Broadband passed the House 113-0-0 and has now passed both chambers. 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 895County Boundaries passed the House 80-28-1. 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 1508, Lottery passed the House 78-30-0. This bill Provides that the Department of the Lottery shall offer a joint special instant scratch-off game for the benefit of the special causes of: the Carolyn Adams Ticket For The Cure; the Scratch-off for Illinois veterans; the Scratch-out Multiple Sclerosis scratch-off game; the Quality of Life scratch-off game; the Go For The Gold scratch-off game; the Scratch-off for State police memorials; the Scratch-off for homelessness prevention programs; the Scratch-off for Alzheimer's care, support, education, and awareness; the Scratch-off for United Negro College Fund Illinois; and the Illinois DREAM scratch-off. Provides that the joint special instant scratch-off game shall commence on January 1, 2024 or as soon thereafter, at the discretion of the Director of the Lottery, as is reasonably practical and shall be discontinued on January 1, 2027. Provides that once the joint special instant scratch-off game is used to fund a special cause, the game will be used to fund the special cause for the remainder of the special causes' existence per the causes' respective provision. Provides that new specialty tickets and causes authorized by this Law shall be funded by the joint special instant scratch-off game. Provides that the Department shall be limited to supporting no more than 10 causes in total at any given time.


SB 1570Design Build passed the Senate 55-0-0 on concurrence. 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 1782Online Content passed the Senate on concurrence 57-0-0. This bill, as amended, sets forth certain information a vlogger is required to annually report to the Department of Labor, including, but not limited to: (i) the name and documentary proof of the age of the minor engaged in the work of vlogging; (ii) the number of vlogs that generated compensation during the reporting period; and (iii) the total number of minutes each minor was featured in vlogs during the reporting period. Provides that the minor may commence a civil action if a vlogger fails to report the required information. Provides that if a vlogger knowingly or recklessly violates certain provisions that require a vlogger to set aside a minor's earnings from video content in an established trust account, the minor may commence an action to enforce those provisions and, if the minor prevails, the court may award the minor actual damages, punitive damages, and the costs of the action. Provides that the definition of "vlogger" does not include any person under the age of 16 who produces his or her own vlogs. 


SB 1875, JCAR passed the Senate 56-0-0 and has now passed both houses. This bill Amends the Illinois Administrative Procedure Act. In provisions concerning general, emergency, and peremptory rulemaking, specifies that State agencies shall accept submissions in writing, including submissions by email, and may, in their discretion, accept oral submissions. Requires each summary in a regulatory agenda to contain, among other things, the email address of the agency representative who is knowledgeable about the rule. Amends the Uniform Electronic Transactions Act. Requires the Department of Innovation and Technology and the Secretary of State to adopt specified administrative rules concerning electronic records no later than 6 months after the effective date of the amendatory Act. 


SB 1963, Revenue Omnibus passed the House 79-25-2. This bill Amends the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act to update a cross reference. Makes changes concerning incentives for mid-range ethanol blends, gasohol, and majority blended ethanol fuel. Makes changes concerning an exemption for materials, parts, equipment, components, and furnishings incorporated into or upon an aircraft. Provides that the exemption for farm machinery and equipment also includes certain electrical power generation equipment. Makes changes concerning aviation fuel. Provides that amounts paid as taxes under those Acts shall be deemed assessed upon the date of receipt of payment. Amends the Hotel Operators' Occupation Tax Act. Provides that the tax shall not apply to gross rental receipts received from an entity that is organized and operated exclusively by an organization chartered by the United States Congress for the purpose of providing disaster relief. Amends the New Markets Development Program Act. Increases the annual cap on investments, and extends the sunset of the Act. Amends the Illinois Municipal Code. Makes changes concerning municipal tax review of public utilities. Amends the River Edge Redevelopment Zone Act. Provides that the Department of Commerce and Economic Opportunity may certify 2 additional pilot River Edge Redevelopment Zones in the City of Joliet and the City of Kankakee. Amends the Historic Preservation Tax Credit Act. Extends the sunset of the Act and provides for the authorization of additional credits. Amends the Parking Excise Tax Act. Makes changes concerning booking intermediaries. Amends the Illinois Income Tax Act. Makes changes concerning withholding for investment partnerships. Makes changes to the definition of "investment partnership". Creates a credit for individuals who serve as volunteer emergency workers. Makes changes concerning distributions to retired partners or shareholders under a retirement or disability plan. Amends the Cigarette Tax Act. Makes changes concerning the distribution of moneys collected pursuant to (i) the Cigarette Tax Act, (ii) the Cigarette Use Tax Act, and (iii) the tax imposed on little cigars under the Tobacco Products Tax Act of 1995. Amends the Illinois Municipal Code. Makes changes concerning the Non-Home Rule Municipal Use Tax Act and the Non-Home Rule Municipal Service Occupation Tax Act. 


SB 2014, IDOT Safety Improvements passed the Senate 54-0-0 on concurrence. 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 2034Child Extended Bereavement-Neutral passed the Senate on concurrence 42-10-0. 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 2192, Procurement Bid Notice passed the Senate 56-0-0. This bill provides that if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to a single agency, the applicable agency shall detail, in writing, why the 4 bids were not awarded to the bidder. Provides that the agency shall submit by certified copy to the bidder the reasoning for the rejection of the bid within the same quarter in which the 4th bid was rejected. Provides that the provisions of the introduced bill only apply to the Department of Transportation, the Capital Development Board, and the Illinois State Toll Highway Authority.

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

Additional Floor Action of Note:

 

HJR 23I-55-Support was adopted 88-3-0 in the House. This resolution supports the "I-55 Managed Lane Project" and IDOT's efforts to pursue the project as a P3.


HB 219, Punitive Damages-Oppose passed out of the Senate 37-19-1. This bill amends the Wrongful Death Act. Provides that an action under the Act may be filed to recover punitive damages. The Chamber opposes this bill alongside a

broad stakeholder coalition.


HB 2068, Transportation Benefit Program-Opposed passed the House on concurrence 77-36-0. 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 2086, Containers passed the House on concurrence 75-38-0. This bill provides that self-service by consumers is not prohibited if the take-home containers are maintained clean, sanitary, free from debris, smooth, durable, and easy-to-clean, and are not capable of causing, through cleanliness or design, conditions that may cause or spread disease (rather than cleaned, stored, and dispensed in a sanitary manner). Provides that a restaurant or retailer may fill or refill a consumer-owned container with ready-to-eat or dry bulk foods (rather than ready-made food). Provides that the local (rather than county) health departments and municipalities may regulate but shall not prohibit specified actions by a retailer or restaurant. Removes language providing that the Department of Public Health shall produce materials for restaurants and retailers in print format. Allows the Department of Public Health to adopt administrative rules necessary to implement, interpret, and administer the provisions.


HB 2121, Traffic Fatalities Task Force passed the House on concurrence 109-0-0. This bill requires the Secretary of Transportation to establish and convene the Zero Traffic Fatalities Task Force to develop a structured, coordinated process for early engagement of all parties to develop policies to reduce traffic fatalities to zero. Requires the Secretary of Transportation to prepare and submit a report of findings based on the Zero Traffic Fatalities Task Force's efforts to the General Assembly on or before January 1, 2025. Establishes membership of task force.


HB 2123, Images passed the House on concurrence 113-0-0. 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 2219, Sanitary Districts/Renewable Energy passed the House on concurrence 112-0-0. 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 2231, TNC/Common Carrier-Oppose passed the House on concurrence 74-38-0. This bill, as amended, extends the Act's repeal date from September 1, 2023 to September 1, 2028. Provides that a provision which specifies that TNCs and TNC drivers are not common carriers, contract carriers, or motor carriers and do not provide taxicab or for-hire vehicle service becomes inoperative January 1, 2024. 


HB 2443, Hearing Aid Coverage passed the House on concurrence 86-27-0. 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 2487, Justice 40 Oversight Committee passed the House on concurrence 72-39-0. This bill establishes the Justice40 Oversight Committee. Provides that the Justice40 Oversight Committee shall make findings, conclusions, and recommendations regarding environmental justice in this State and uses of federal funds provided to the State for environmental justice.


HB 2898, MAP-Neutral passed out of the Senate 55-1-0. 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 3129, Pay Scale-Neutral passed the House on concurrence 75-39-0. 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 3233, DREAM Fund - Neutral passed the House on concurrence 98-16. This bill provides that the Illinois Dream Fund Commission shall develop a comprehensive program, including creation of informational materials and a marketing plan, to educate people in the State of Illinois about the purpose and benefits of contributions made to the Illinois DREAM Fund. Provides that the Illinois DREAM Fund Commission shall develop specific marketing materials for the voluntary use by persons licensed pursuant to the Transmitters of Money Act. Amends the Transmitters of Money Act. Provides that licensees may offer every customer who transmits money internationally the option to make a voluntary donation to the Illinois DREAM Fund. Provides that licensees may present customers with the option to make a donation to the Illinois DREAM Fund before the customer completes the transaction. Provides that the amount of the donation shall be no less than $1 per transaction.


HB 3296, Credit Unions passed the Senate 40-17-0. This bill provides that an annual regulatory fee paid by a credit union to the Department of Financial and Professional Regulation shall not be more than $210,000 (rather than $141,875). 


HB 3351, Solar for All -Prevailing Wage passed the House on concurrence 86-27-0. This bill provides that the projects under the Illinois Solar for All Program shall be subject to the prevailing wage requirements included in the Prevailing Wage Act.Provides that the prevailing wage requirements set forth in the Prevailing Wage Act apply to each Illinois Solar for All Program project for which a project application is submitted to the program after the effective date of the amendatory Act, except (i) projects that serve single-family or multi-family residential buildings and (ii) projects with an aggregate capacity of less than 100 kilowatts that serve houses of worship. Requires the Illinois Power Agency to verify that all construction performed on a project by the renewable energy credit delivery contract holder, its contractors, or its subcontractors relating to the construction of the facility is performed by workers receiving an amount for that work that is greater than or equal to the general prevailing rate of wages as that term is defined in the Prevailing Wage Act. Authorizes the Illinois Power Agency to adjust renewable energy credit prices to account for increased labor costs.


HB 3370, Prevailing Wage/Power Washing-Oppose passed the House 76-33-0. This bill provides that the definition of "public works" includes power washing projects by a public body or paid for wholly or in part out of public funds.


HB 3400, Public Works-Support passed the Senate 40-13-0. This bill provides that the Department of Labor shall report quarterly (rather than annually) to the General Assembly and the Governor the number of people employed on public works in the State during the preceding 3 months (rather preceding calendar year). This report shall include the total number of people employed on each public works project during the preceding 3 months. Provides that the report shall identify every public works project in the State by project name and contractor name and include the demographics of the workers on the project by percentage, including gender, race, and ethnicity, broken down by the following categories: (i) type of trade; (ii) whether the worker is a journey worker or apprentice; and (iii) total work hours performed.


HB 3448, Contractors passed the House 78-35-0. This bill provides that every primary contractor and subcontractor shall post and keep posted, in one or more conspicuous places accessible to all laborers, workers, and mechanics at a job site, a notice, to be made available by the Director of Labor, summarizing specified requirements under the Act and information pertaining to the filing of a complaint. Provides that the Director shall provide copies of summaries and rules to primary contractors and subcontractors upon request without charge. Provides that any primary contractor or subcontractor who fails to provide notice as required shall be subject to a civil penalty, not to exceed $250, payable to the Department of Labor. Provides that one copy of the notice at a job site shall satisfy the notice requirement for the primary contractor and all subcontractors. 


HB 3563, DOIT-AI Task Force-Support passed the House on concurrence 113-0-0. 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 3631, PBM passed the House on concurrence 113-0-0. This bill amends the Pharmacy Benefit Managers Article of the Illinois Insurance Code. Provides that a pharmacy benefit manager may not retaliate against a pharmacist or pharmacy for disclosing information in a court, in an administrative hearing, before a legislative commission or committee, in any other proceeding, or to a government or law enforcement agency, if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a State or federal law, rule, or regulation. Provides that a pharmacist or pharmacy shall make commercially reasonable efforts to limit the disclosure of confidential and proprietary information. Provides that retaliatory actions against a pharmacy or pharmacist include specified actions.


SB 850, Groceries passed the House 96-17-0. This bill creates the Grocery Initiative Act. Provides that the Department of Commerce and Economic Opportunity shall study food insecurity in urban and rural food deserts. Provides that the Department shall establish a Grocery Initiative to expand access to healthy foods in food deserts in Illinois by providing assistance to independently owned for-profit grocery stores, as well as grocery stores owned and operated by local governmental units. Provides that the Department may enter into contracts, grants, or other agreements to administer grants and other financial support. Provides that the Department shall provide technical assistance. Provides the Department with rulemaking powers. Defines terms. Amends the Illinois Enterprise Zone Act. Provides that a business that is a grocery store and receives financial support under the Grocery Initiative Act during a specified period is eligible to be a High Impact Business. Provides that the Department of Commerce and Economic Opportunity may designate an area as a food desert even if the area does not meet the qualifications set forth in the engrossed bill as long as the designation is made in accordance with criteria established by the Department of Commerce and Economic Opportunity by rule using data that includes, but is not limited to, poverty metrics and access to existing grocery stores. Provides that the provisions of the engrossed bill apply to independently owned for-profit grocery stores, cooperative grocery stores, or not-for-profit grocery stores.


SB 1438, Dig Once Act passed the House 114-0-0. This bill creates the Illinois Dig Once Act. This bill provides that the Department of Transportation, the Illinois State Toll Highway Authority, the Illinois Commerce Commission, and the Department of Commerce and Economic Opportunity shall consult with the State-Wide One-Call Notice System to jointly develop rules for the design and construction of road, highway, tollway, and expressway projects to reduce the need for the relocation of public water and wastewater infrastructure and to promote the deployment (rather than reduce the scale and number of repeated excavations of roads, highways, tollways, and expressways for the installation and maintenance) of broadband infrastructure and underground utility facilities in an efficient and competitively neutral process for all road, highway, tollway, and expressway projects. Provides that the rules adopted under the Act are not intended to delay the design or construction of road, highway, tollway, and expressway construction projects, and shall not be construed to provide authority to approve, deny, or delay broadband infrastructure projects or underground utility facilities projects. Provides that whenever a public utility makes an application for a grant or easement in, over, or upon real property of the State for purposes of locating and maintaining such utility, or such utility's wire, pipe, cable, fiber conduit, or other facility or equipment, the Administrator, with the consent of the agency having jurisdiction over the real property, may grant such an easement.


SB 1555, Packaging and Paper Stewardship passed the House 111-1-0. This bill creates the Statewide Recycling Needs Assessment Act. Creates the Statewide Recycling Needs Assessment Advisory Council to provide advice and recommendations to the Environmental Protection Agency in the drafting, amendment, and finalization of the Statewide Recycling Needs Assessment. Provides that on or before January 1, 2024, the Director of the Environmental Protection Agency shall appoint members to the Advisory Council to provide advice and recommendations to the Agency in the drafting, amendment, and finalization of the Statewide Recycling Needs Assessment. Provides that persons with data or information required to complete the statewide needs assessment shall provide the Agency with such data or information in a timely fashion to assist in completing the statewide needs assessment. Provides that the Agency shall issue a competitive solicitation to select a qualified consultant to conduct a statewide needs assessment to assess recycling needs in the State for packaging and paper products, including identifying current conditions and an evaluation of the capacity, costs, gaps, and needs associated with recycling and the diversion of packaging and paper products. Provides that on or before December 1, 2026, the Statewide Recycling Needs Assessment Advisory Council shall prepare and submit a report of its findings and recommendations to the General Assembly and the Governor, which shall include an opportunity for a minority report. Provides that upon completion of the duties of the Advisory Council, appointments to the Advisory Council shall be terminated and the Advisory Council shall be dissolved.  


SB 1782, Online Content passed the House 98-17-0. This bill, as amended, sets forth certain information a vlogger is required to annually report to the Department of Labor, including, but not limited to: (i) the name and documentary proof of the age of the minor engaged in the work of vlogging; (ii) the number of vlogs that generated compensation during the reporting period; and (iii) the total number of minutes each minor was featured in vlogs during the reporting period. Provides that the minor may commence a civil action if a vlogger fails to report the required information. Provides that if a vlogger knowingly or recklessly violates certain provisions that require a vlogger to set aside a minor's earnings from video content in an established trust account, the minor may commence an action to enforce those provisions and, if the minor prevails, the court may award the minor actual damages, punitive damages, and the costs of the action. Provides that the definition of "vlogger" does not include any person under the age of 16 who produces his or her own vlogs. 

View the Chamber 2023 Key Bill Report HERE.

Connect with the Chamber
If you have questions about the Government Affairs Report, contact Clark Kaericher at ckaericher@ilchamber.org. Do not reply to this email.