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

April 21, 2023


This Week in Illinois

Session Update


The House and Senate both returned to Springfield on Tuesday following a two week legislative spring break. Throughout the week, there was limited floor action of note in either chamber while committees occurred throughout the days. On Wednesday, Chicago Mayor-elect Brandon Johnson delivered an address at a joint session of the Illinois General Assembly.

 

The House and Senate will both return on Tuesday, April 25th at 12 pm. Next Friday, April 28th is the deadline for House bills to get out of Senate committees and Senate bills to get out of House committees. View the Senate session calendar for 2023. View the House 2023 calendar


Illinois Chamber Reaction to

Mayor-Elect Brandon Johnson's Address 


On Wednesday, the Illinois Chamber released a statement following Chicago Maylor-Elect Brandon Johnson's address at the Illinois statehouse. Provided below is that response.


The Illinois business community stands ready to work with Mayor-Elect Johnson to achieve our shared goals of a vibrant Chicago.


We look forward to working with Johnson on developing specific proposals for job growth and economic development within the state. This can be achieved through bipartisan cooperation that balances the needs of the citizens of Chicago with measures promoting a strong business climate, enhancing the city’s role as an economic engine that is so important to the prosperity of the state of Illinois. 

Chamber Day 2023 Recap - Thank you!


For those unable to attend, last Tuesday was Chamber Day with a program held in downtown Springfield at the Abraham Lincoln Hotel.  It was a fantastic event with nearly 200 people in attendance.


The Illinois Chamber membership received addresses from many great guest speakers, including each of the four legislative leaders. Amid their busy schedules, we appreciate the legislative leaders taking questions on some of the most pressing issues facing the General Assembly in the final month of session.


The Chamber thanks all our attendees and sponsors for being a part of the day. Your presence and participation were greatly appreciated, we look forward to Chamber Day 2024!

Committee Action of Note:


HB 2520, HB 3479, HB 3572 and HB 3957 all had their consideration postponed after failing to receive enough votes on the floor earlier this spring. Each of these bills were released from Rules Committee today and their 3rd reading deadline was extended.


HB 73, Consumer Lending passed out of Senate Judiciary 8-1-0. This bill amends the Consumer Legal Funding Act. Provides that the provisions of the Act do not apply to consumer legal funding if (i) the amount of funding is greater than $500,000 and (ii) the consumer does not use or intend to use any of the proceeds for personal, family, or household expenses.

 

HB 1105ICC Approval of Eminent Domain-Support passed out of Senate Energy and Public Utilities 16-0-0. 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 1117Hospice passed out of Senate Health and Human Services 8-0-0. This bill provides that the Department of Public Health's standards for hospices owning or operating hospice residences shall address the number of persons who may be served in a hospice residence, which shall not exceed 24 (rather than 20) persons per location. Provides that the number of licensed hospice residences shall not exceed 16 (rather than 5) located in counties meeting specified population requirements.

 

HB 1363Employer/Gender Related Violence passed out of Senate Judiciary 9-0-0. 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 gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while agent of the employer was directly involved in the performance of the contracted work and 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 1384INS/Reconstructive Services passed Senate Insurance 11-0-0. This bill provides that a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 may not deny coverage for medically necessary reconstructive services that are intended to restore physical appearance.

 

HB 1541Utilities Termination passed out of Senate Energy and Public Utilities 15-0-0. 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 2086Containers passed out of Senate Environment and Conservation 6-0-0. 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 2189, Insulin passed out of Senate Insurance 11-0-0. This bill provides that an insurer that provides coverage for prescription insulin drugs under the terms of a health coverage plan the insurer offers shall limit the total amount that an insured is required to pay for a 30-day supply of covered prescription insulin drugs at an amount not to exceed $35 (rather than $100).

 

HB 2238Stroke Centers passed out of Senate Public Health 8-0-0. This bill provides for the certification and designation of Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, and Primary Stroke Centers Plus and makes conforming changes throughout the Act.

 

HB 2267Dental passed out of Senate Licensed Activities 8-0-0. This bill provides that without the supervision of a dentist, a dental hygienist may perform dental health education functions, including instruction in proper oral health care and dental hygiene in, for example, a school setting, a long-term care facility, and a health fair (rather than just either a school setting and a long-term care facility). Provides that a dental hygienist may record case (rather than care) histories and oral conditions. Provides that a dentist may enter into an agreement for public health supervision with 4 (rather than 2) public health dental hygienists. Provides that the Department of Public Health Oral Health Section shall compile and publicize public health dental hygienist service data annually.


HB 2278Environmental Response Project passed out of Senate Judiciary 9-0-0. This bill amends the Uniform Environmental Covenants Act. Removes language providing that "environmental response project" includes a plan or work that is performed for environmental remediation of any site or facility in response to contamination at specified sites or facilities. Provides instead that "environmental response project" includes a plan or work that is performed or conducted to clean up, remediate, eliminate, investigate, minimize, mitigate, or prevent the release or threatened release of contaminants affecting real property in order to protect public health or welfare or the environment. Removes the definition of "State".

 

HB 2443Hearing Aid Coverage passed out of Senate Insurance 11-0-0. This bill provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide coverage for medically necessary hearing instruments and related services for all individuals (rather than all individuals under the age of 18) when a hearing care professional prescribes a hearing instrument to augment communication. Makes conforming changes, including repealing provisions concerning optional coverage or optional reimbursement for hearing instruments and related services. Effective January 1, 2025.


HB 2907Dispute Damages-Oppose passed out of Senate Judiciary 7-2-0. 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 3340Municipal Borrowing/IFA passed out of Senate Executive Committee 13-0-0. This bill amends the Illinois Municipal Code. In provisions relating to a municipality borrowing money from a bank or other financial institution, modifies the definition of "financial institution" to include the Illinois Finance Authority.

 

HB 3396, Labor Dispute Violation-Oppose passed out of Senate Executive 9-0-0. 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 3563DOIT-AI Task Force-Support passed out of Senate State Government 7-0-1. 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 hold at least 5 meetings, and specifies the format and the location of those minimum amount of meetings.


SB 46Waterway Ports Commission passed out of House Executive 10-0-0. This bill creates the Illinois Waterway Ports Commission Act. Provides that the Illinois Waterway Ports Commission is created and shall exercise jurisdiction with respect to the duties and powers delegated to it under the Act within the following port districts and counties: the Seneca Regional Port District, the Ottawa Port District, the Illinois Valley Regional Port District, the Heart of Illinois Regional Port District, and the Havana Port District and Fulton, Mason, Tazewell, Peoria, Woodford, Marshall, Putnam, Bureau, LaSalle, and Grundy counties. Provides that the Commission shall (1) coordinate and synchronize common efforts and initiatives in the Commission area to enhance the reporting and benefits of statistical data; (2) make recommendations to the Governor, the General Assembly, Congress, and federal agencies on regional issues that impact multimodal transportation, economic development, environmental sustainability, and climate resiliency of the Commission area; (3) coordinate and synchronize common efforts and initiatives on the larger Illinois Waterway with the Mid-America Port Commission and the Joliet Regional Port District; (4) coordinate and synchronize federal activities associated with the nonfederal sponsorship of the M-55 Illinois-Gulf Marine Highway; and (5) request and assist in requesting funding for the Commission area and the surrounding areas, as the Commission deems necessary. 

 

SB 58Degradable Plastics passed out of House State Government Committee 8-0-0. 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.


SB 69Hospitals/Immunization Policy passed out of House Public Health 7-0-0. This bill requires every hospital to adopt an influenza and pneumococcal immunization policy that includes procedures for identifying patients age 50 or older for influenza immunization and 65 or older for pneumococcal immunization (rather than just for identifying patients age 65 or older).


SB 101, INS Coverage passed the House Insurance Committee 14-0-0. 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.

 

SB 199Nursing passed out of House Health Care Licenses Committee 12-0-0. 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.


SB 203, Pesticides passed the House Agriculture & Conservation Committee 9-0-0. This bill sets forth penalty assessments for any person found by the Department of Agriculture to have committed a use inconsistent with the label that results in human exposure to a pesticide. 


SB 218, Physician Assistant passed out of House Health Care Licenses Committee 12-0-0. This bill provides that any physician assistant required to enter into a written collaborative agreement with a collaborating physician is authorized to continue to practice for up to 90 days after the termination of a written collaborative agreement, provided the physician assistant seeks any necessary collaboration at a local hospital and refers patients who require services beyond the training and experience of the physician assistant to a physician or other health care provider. Provides that physicians and physician assistants who work in a federally qualified health center are exempt from specified collaborative ratio restriction requirements. Adds physician assistants providing services in federally qualified health centers to provisions that authorize certain physician assistants to provide services without a written collaborative agreement and to prescribe certain controlled substances. 

 

SB 303Pharmacy passed out of House Health Care Licenses Committee 12-0-0. This bill amends the Pharmacy Practice Act. In provisions concerning how pharmacy technicians may be educated and trained, includes equivalent work experience of 500 hours as a pharmacy technician covering specified practice areas or equivalent work experience as a pharmacy technician as set forth by the Department of Financial and Professional Regulation by rule. 


SB 328Automatic Contract Renewal passed the House Consumer Protection Committee 8-0-0. This bill, as amended, provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract, where such contract automatically renews unless the consumer cancels the contract, shall (i) disclose the automatic renewal offer terms clearly and conspicuously in the contract before the subscription or purchasing agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer; (ii) not charge the consumer's credit or debit card or other payment mechanism for an automatic renewal service without first obtaining the consumer's consent to the contract containing the automatic renewal offer terms; (iii) provide an acknowledgment that includes the automatic renewal offer terms, cancellation policy, and information regarding how to cancel, which may be accomplished by linking to a resource that provides instructions that account for different platforms and services, in a manner that is capable of being retained by the consumer; and (iv) if the offer includes a free gift or trial, disclose how to cancel the contract, which may be accomplished by linking to a resource that provides instructions that account for different platforms and services, and allow the consumer to cancel before the consumer pays for the good or services. Provides that the Act does not apply to a contract for the sale of any product or service by a provider that is subject to Article XXII of the Public Utilities Act. Provides that the Act does not apply to a party regulated by the Director of the Department of Insurance or an affiliate of such party. Provides that the Act does not apply to a party, or an affiliate of the party, regulated by the Director of the Department of Insurance.


SB 1561E-Cigarettes passed out of House Public Health 7-0-0. This bill provides that a retail tobacco store that derives at least 80% of its gross revenue from the sale of electronic cigarettes and electronic cigarette equipment and accessories in operation before the effective date of the amendatory Act qualifies for a specified exemption for electronic cigarettes only. Provides that a retail tobacco store claiming an exemption for electronic cigarettes shall annually file with the Department of Public Health by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of electronic cigarettes. Includes a workplace that manufactures, imports, or distributes electronic cigarettes in the definition of "retail tobacco store". Includes the use of an electronic cigarette in the definition of "smoke".


SB 1897Rock Island Port District passed out of House Executive Committee 10-0-0. This bill creates the Rock Island Regional Port District Act. Establishes the Rock Island Regional Port District within the corporate limits of the City of Rock Island. Provides that territory of adjacent municipalities may be annexed into the Port District. Contains provisions related to the operation of the Port District, rights and powers of the Port District and participating municipalities, lease of property, easements and permits, bonds and tax levies, eminent domain powers, and other provisions. Limits the concurrent exercise of home rule powers.

 

SB 2424Land Acquisition passed out of House State Government 9-0-0. This bill provides that the definition of "project" includes any land acquisition that is conducted by either the Department of Transportation or Illinois Toll Highway Authority and that requires architectural, engineering, or land surveying services.

Floor Action of Note:


HB 559Temporary Permit passed the Senate 58-0-0. This bill provides that any person who was issued a temporary out-of-state permit or temporary reinstatement permit by the Department of Financial and Professional Regulation in response to the COVID-19 pandemic may continue to practice under his or her temporary out-of-state permit if he or she submits an application for licensure by endorsement to the Department on or before May 11, 2023. Provides for license application requirements for holders of temporary out-of-state permits or temporary reinstatement permits in specified professions. Provides that, during a statewide public health emergency, the Department of Public Health and the Department of Human Services may take specified actions pertaining to inspections within an appropriate time frame to the extent feasible. Provides that probationary and provisional licenses may be extended for an additional 120 if requested and approved by the Department. Provides that during a public health emergency, any provision of the Act that would prevent a physician licensed to practice medicine in all of its branches under the Act from delegating any and all authority prescribed to the physician by law to international medical graduate physicians who are working in response to the public health emergency declared by the Governor are suspended. Provides that during a public health emergency, provisions that limit the validity of industrial radiography certifications to 5 years and industrial radiography trainee certifications to 2 years shall be suspended. Amends the Pharmacy Practice Act. Provides that the "practice of pharmacy" includes vaccination of patients 7 years of age and older for COVID-19 or influenza subcutaneously, intramuscularly, or orally; administration of COVID-19 therapeutics subcutaneously, intramuscularly, or orally; and ordering and administration of tests and screenings for (i) influenza, SARS-COV 2, and other emerging and existing public health threats. Provides that a registered pharmacy technician or student pharmacist may administer COVID-19 therapeutics and COVID-19 and influenza vaccinations subject to certain conditions.


HB 1527Vehicle Disablement was placed on the order of postpone consideration after failing to receive enough votes on the House floor. This bill provides that disablement technology shall not be used as an aid to the physical retrieval of a vehicle as part of repossession or as a consequence for nonpayment under a retail installment contract or other instrument. Provides that a violation is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer whose vehicle is subject to the activation of disablement technology may bring an action against an activating person or entity for damages of $1,000 per month per violation plus actual damages and attorney's fees. Provides that disablement technology may be offered for sale or sold only for antitheft purposes, either on its own or for an additional fee in connection with the purchase of a motor vehicle. Requires a motor vehicle dealer that sells a motor vehicle containing disablement technology to comply with specified requirements. Provides that data generated or stored by disablement technology as the result of a consumer's vehicle usage is the personal property of the consumer, and the consumer is entitled to all profits and other benefits flowing from the sharing or sale of the data. Provides that data generated or stored by disablement technology that is installed in a consumer's vehicle, and data transmitted by or through the disablement technology that relates to the consumer or the consumer's use of a motor vehicle, may not be sold or otherwise shared with any third parties except as required by federal, State, or local law, or required by court order. Provides that knowingly installing or using disablement technology in violation of the Code is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.

GAP Call


The Illinois Chamber will host its Government Affairs Professionals (GAP) call on Monday, April 24th at 3:00 pm. We will provide you updates on the legislation we are watching for this week and the rest of the Spring.


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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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.