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

May 5, 2023


This Week in Illinois

Session Update


The House and Senate both returned to Springfield on Tuesday for another week of session. The House was in for three days while the Senate was in for four with action for the week concluding this morning.

 

As the spring session draws to a close there was more floor action of note this week, especially in the Senate. The committee schedule was slower and mostly consisted of the adoption of amendments and subject matter hearings.

 

The Senate has canceled the originally scheduled session for this weekend. The House and Senate will now both return on Monday, May 8th with the House in for five days of work and the Senate in for four.

 

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

CGFA: State Revenues in April See Significant Drop as Final Tax Receipts Fall Well Short of Last Year’s Historic Levels


In its latest publication of the monthly briefing, CGFA staff write of the shift in general funds revenue that was seen in the month of April. Below is an excerpt from the publication with the full article HERE.


General Funds revenues took a dramatic turn in April 2023 as receipts fell a stunning $1.844 billion as compared to the same month the year prior. Despite having the second highest monthly revenue total on record, this month’s General Funds total of $6.193 billion was well short of the historic monthly high of $8.037 billion received a year ago. Greatly contributing to the decline was April 2023 having one less receipting day than April 2022...


...The substantial declines in April erased nearly all of the growth accrued throughout the fiscal year. With only two months remaining in the fiscal year, General Funds receipts in FY 2023 are now only $132 million above last year’s pace. In comparison, at the end of February, FY 2023 receipts were $2.5 billion higher than FY 2022 year-to-date levels, which shows the extent that revenues have fallen over the last two months. When removing the increase of $325 million from one-time ARPA reimbursement funds, “base” receipts in FY 2023 are now actually down $193 million through April.  

Health Data Privacy- Pay Attention to this Bill. 

 

A new amendment to HB 3603 (Williams) has been circulated. The proponents, mainly the ACLU, claim it is a reproductive health protection act. In reality, it’s an omnibus data privacy bill cloaked in reproductive healthcare protections. We encourage you to read the latest amendment HERE (it has not been filed yet).  


The Chamber has joined a large coalition in opposition to this bill. Our issues are threefold. The definition is way too broad to be meaningful. Compliance will be both nearly impossible and so overwhelming to consumers as to be ignored. Finally, the private right of action is a copy of the BIPA provisions which benefited no one in the business community.


You can read more in our fact sheet: HERE 

GAP Call


The Illinois Chamber will host its Government Affairs Professionals (GAP) call on Monday, May 8th at 3:00 pm. We will provide you updates on the legislation we are watching for the final weeks of this spring session.


Throughout the Spring, GAP calls will take place every Monday afternoon when either the House or Senate is in session. We will make you aware of scheduling changes as they occur.


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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

Bill Introductions of Note:

 

HB 4071 & SB 2574 Vendor Discount was introduced. This bill amends the State Finance Act to create the Working Families Fund. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act and various other tax Acts. Provides that the vendor discount is limited to $1,000 per calendar year. Provides for deposits into the Working Families Fund. 

Floor Action of Note:


HB 554, Food Infrastructure Grant Program passed out of the House 97-15-0. This bill creates the Local Food Infrastructure Grant Act. Provides that subject to appropriation, the Department of Agriculture shall develop and administer an annual Local Food Infrastructure Grant Program to enhance local food processing, aggregation, and distribution within the State. Establishes eligibility requirements for the grants. Provides that all grant funding must be used for the purchasing, leasing to own, renting, building, or installation of infrastructure that will increase market access of Illinois communities to Illinois agricultural products. Provides that subject to appropriation, the Department shall create an independent Local Food Infrastructure Steering Committee to guide the implementation and evaluation of the grant. Provides that the committee shall be selected by the Director. Provides that the committee shall include, but is not limited to, at least 3 farmers, including one specialty crop farmer, one livestock farmer, and one farmer of color; one representative from the local food processing industry, one representative from a non-profit organization serving farmers of color, one representative from a non-profit organization serving farmers at large, and one representative from the Department. Provides that the Director must file with the Governor and General Assembly, and publish publicly on or before March 1 of each year, a written report detailing the impact of the Local Food Infrastructure Grant for the previous calendar year. The report must include a complete list of (1) all applications for grants under the Local Food Infrastructure Grant Program during the previous calendar year; (2) all persons that were awarded the Local Food Infrastructure Grant and the nature and amount of their awards in the previous calendar year; and (3) the economic impact of the grant from the previous calendar year, which may include jobs created, local food sales increases, and communities served. 


HB 1105ICC Approval of Eminent Domain-Support passed out of the Senate 55-0-0. This bill provides that property belonging to a public utility that provides water or sewer service and that is subject to the jurisdiction of the Illinois Commerce Commission may not be taken or damaged by eminent domain without prior approval of the Illinois Commerce Commission. Provides that the requirement does not apply to property to be acquired by a municipality with 140,000 or more inhabitants or a regional water commission formed under specified provisions of the Illinois Municipal Code or a municipality that is a member of such a regional water commission, only in furtherance of purposes authorized under the specified provisions of the Illinois Municipal Code, and limited solely to interests in real property and not improvements to or assets on the real property belonging to a public utility that provides water or sewer service and that is subject to the jurisdiction of the Illinois Commerce Commission.

 

HB 1236Bidding passed the Senate 51-4-0. This bill Provides that, in determining the lowest responsible bidder, a county board of a county with fewer than 2,000,000 inhabitants may take into consideration the bidder's active participation in an applicable apprenticeship program registered with the United States Department of Labor.

 

HB 1541Utilities Termination passed the Senate 52-1-0. This bill provides that, if gas or electricity is used for space cooling at a residence, then a utility shall not terminate gas or electric utility service to that residence for the nonpayment of bills on specified days when the forecasted temperature will be greater than or equal to 90 degrees Fahrenheit. 

 

HB 2068, Transportation Benefit Program-Opposed passed out of the House 74-39-0. 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 or qualified parking, 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 database of addresses that are located within one mile of regularly scheduled transit service.  


HB 2086Containers passed out of the Senate 54-0-0. 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 2204, Gambling Disorders passed out of the House 104-0-0. This bill amends the Substance Use Disorder Act. In provisions requiring the Department of Human Services to establish a public education program regarding gambling disorders, requires the program to (i) promote public awareness to create a gambling informed State regarding the impact of gambling disorders on individuals, families, and communities and the stigma that surrounds gambling disorders and (ii) use screening, crisis intervention, treatment, public awareness, prevention, in-service training, and other innovative means to decrease the incidents of suicide attempts related to a gambling disorder or gambling issues. Requires the Department to determine a statement regarding obtaining assistance with a gambling disorder, which each licensed gambling establishment owner shall post and each master sports wagering licensee shall include on the master sports wagering licensee's portal, Internet website, or computer or mobile application.


HB 2231TNC/Common Carrier-Oppose passed the Senate 38-18-0. 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 2487Justice 40 Oversight Committee passed out of the Senate 43-13-0. 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 2907Dispute Damages passed the Senate 53-0-0. This bill provides that no award of monetary damages, except for damage done to an employer's property as a result of conduct prohibited by law, shall be granted by any court of this State in any case involving a labor dispute.


HB 3233, DREAM Fund - Neutral passed the Senate 44-10-0. 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 out of the House 68-40-0. 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 Senate 43-10-0. 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 Senate 39-17-0. 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 3396, Labor Dispute Violation passed the Senate 48-8-0. This bill provides that a person who, with the intent of interfering with, obstructing, or impeding a picket or other demonstration or protest, places any object in the public way commits a Class A misdemeanor with a minimum fine of $500.

 

HB 3400Public 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 3448Contractors passed the Senate 44-10-0. 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 3491, Prevailing Wage/Contractors-Oppose passed out of the Senate 40-16-0. This bill provides that any laborer, worker, or mechanic who is employed by the contractor or by any lower tier sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project. 


HB 3957Drug Pricing passed out of the House 84-25-0. 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. \


SB 40EV Charging passed the House 69-38-1. This bill Creates the Electric Vehicle Charging Act. Provides that the Act applies to newly constructed single-family homes and multi-unit residential buildings (rather than new single-family homes and newly constructed or renovated multi-unit residential buildings). Provides that the residential requirements for electric vehicle parking spaces apply to all building permits issued 90 days after the effective date of the Act. Provides that all building permits issued 90 days after the effective date of the Act shall require a new, large multifamily residential building or a large multifamily residential building being renovated by a developer converting the property to an association to have 100% of its total parking spaces EV-capable (rather than a specified percentage of EV-capable spaces based on the total amount of parking spaces available). Changes the residential requirements for electric vehicle parking spaces for permits issued 24 months after the effective date Provides that all building permits issued 24 months after the effective date of the Act to be as follows: (1) for permits issued 24 months after the effective date of this Act, a minimum of 40% EV-capable parking spaces; (2) for permits issued 5 years after the effective date of this Act, a minimum of 50% EV-capable parking spaces; and (3) for permits issued 10 years after the effective date of this Act, a minimum of 70% EV-capable parking spaces. Provides that "EV capable" shall not be construed to require a developer or builder to install or run wire or cable from the electrical panel through the conduit or raceway to the terminus of the conduit. Provides that nothing in the Act shall be construed to require that in the case of a developer converting the property to an association, no EV-capable or EV-ready mandate shall apply if it would necessitate the developer having to excavate an existing surface lot or other parking facility in order to retro-fit the parking lot or facility with the necessary conduit and wiring. Establishes that an association that willfully violates the provisions shall be liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner for actual damages and shall pay a civil penalty to the unit owner not to exceed $500 (rather than $1,000). Provides that in any action by a unit owner requesting to have an electric vehicle installed and seeking to enforce compliance with the provisions, the court shall award reasonable attorney's fees to a prevailing party (rather than a prevailing plaintiff). Provides that a landlord shall not assess or charge a tenant any fees for the placement or use of an electric vehicles charging system, except that a landlord may charge a security deposit to cover costs to restore the property to its original condition if the tenant removes the electric vehicle charging system.

 

SB 101INS Coverage passed the House 104-0-0. This bill provides that no group or individual policy of accident and health insurance or managed care plan shall deny or delay coverage for medically necessary treatment because the insured, enrollee, or beneficiary previously received any treatment, including the same or similar treatment, for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections or pediatric acute onset neuropsychiatric syndrome, or because the insured, enrollee, or beneficiary has been diagnosed with or receives treatment for an otherwise diagnosed condition. Provides that coverage of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall adhere to the treatment recommendations developed by a medical professional consortium convened for the purposes of researching, identifying, and publishing best practice standards for diagnosis and treatment of such disorders or syndrome that are accessible for medical professionals and are based on evidence of positive patient outcomes. Provides that coverage for any form of medically necessary treatment shall not be limited over a lifetime of an insured, enrollee, or beneficiary, unless the patient is no longer benefiting from the treatment, or by policy period. Provides that nothing in the provisions prevents insurers from requesting treatment notes and anticipated duration of treatment and outcomes.


SB 199Nursing passed the House 103-0-0. This bill provides that the scope of practice of an advanced practice registered nurse with full practice authority includes prescribing up to a 120-day supply of benzodiazepines without a consultation relationship with a physician. Provides that thereafter, continued prescription of benzodiazepines shall require a consultation with a physician.

View the Chamber 2023 Key Bill Report HERE.

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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.