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Session Update
The House returned to Springfield on Tuesday and Wednesday for two brief days of session. No action of note occurred aside from the passage of agreed resolutions on Tuesday. On Wednesday, there was a robust discussion on the passage of House rules. The Senate was not in session this week.
A notable change in House rules from the 102nd is that the Rules Committee will no longer be required to automatically discharge all bills within the first year of the GA. This procedural requirement had been new for the 102nd GA. Additionally, remote floor voting was eliminated for the 103rd. Remote participation will still be allowed for committee action on non-session days and subject matter hearings. Remote witness participation will be allowed at the discretion of the Committee Chair.
The House LRB deadline was today, February 3rd. Bills of note introduced so far have been highlighted in a section below. The introduction deadline for substantive Senate bills is February 10th while the House deadline is February 17th.
The House and Senate will both return Tuesday, February 7th. View the Senate session calendar for 2023. View the House 2023 calendar.
View the Senate Democrat committee members here. View the Senate Republican committee members here. View the House Democrat committee members here. View the House Republican committee members here.
Gig Economy Working Group
The Attorney General is convening meetings to discuss the gig economy and independent contractors. This was a major topic of discussion in the Future of Work Taskforce meetings and the subsequent report that was issued.
The Chamber will be part of these meetings which begin as early as next week. It is likely the meetings will be with smaller groups rather than the large number of interested parties, at least initially.
The Chamber has always been an advocate of work in all its forms and will not support anything that stifles opportunities and flexibility for businesses and Illinoisans looking to provide for their families.
There’s been interest in convening a regular call during this session to discuss for anyone interested. If this is a topic you care about, please reach out.
Disappointing Decision on BIPA
The Illinois Supreme Court held today that the 5-year catch-all statute of limitations applies to all BIPA claims.
The Tims v. Black Horse Carriers opinion (attached) relies heavily on the “Legislative Findings/Intent” provisions in Section 5 of BIPA, citing the 2008 Legislature’s statements about the “unknown” ramifications of “the harms associated with biometric technology” and the “biologically unique” nature of biometric data. (see pp. 11-12). The Court concluded: “We find that a longer limitations period [5 years] would comport with the public welfare and safety aims of the General Assembly by allowing an aggrieved party sufficient time to discover the violation and take action.” (p. 13).
The full decision can be read HERE.
Tollway Chair Steps Down
On Monday, Governor Pritzker accepted the resignation of Tollway Chair Dorothy Abreu, as she leaves to focus on her health challenges. Vice Chairman Jim Connolly will assume the responsibilities of the board chair until the Governor names a new permanent chair. Abreau led the Illinois Tollway for 11 months.
Bill Introductions of Note
HB 1536 Drug Benefits provides the no appropriation may be expended to a managed care organization under contract with the Department of Healthcare and Family Services unless the managed care organization, and its pharmacy benefits manager, allows prescription drug benefits to be provided by specialty pharmacies that are certified in the Business Enterprise Program and accredited by at least 2 different accreditation entities for specialty pharmacy services on the same terms and conditions by any willing provider that is qualified for network participation and authorized to dispense prescription drugs.
HB 1568 Navigable Waters was introduced. This bill provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, and a violation shall be punished as otherwise provided by law and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation.
HB 1613, Counties Building Requirements was introduced. This bill provides that a county with a population of less than 1,000,000 may establish minimum requirements for new building design and construction to lessen the risks caused by new building design and construction to wildlife and sensitive habitats.
HB 1634, Emissions Standards was introduced. This bill provides that, by December 1, 2023, the Illinois Environmental Protection Agency shall adopt rules to implement the motor vehicle emission standards of the State of California, including, but not limited to the (1) zero-emission vehicle program, (2) low-emission vehicle program, (3) advanced clean trucks program, and (4) heavy-duty low NOx omnibus program, and shall amend the rules within 6 months of any changes to maintain consistency with the California motor vehicle emission standards and federal clean air laws. Provides that the rules may incorporate by reference the California motor vehicle standards established in final regulations issued by the California Air Resources Board and promulgated under the California Health and Safety Code.
HB 2051 Hydrogen creates the Hydrogen Fuel Replacement Tax Credit Act. Creates an income tax credit for eligible taxpayers in an amount equal to $1 per kilogram of eligible zero-carbon hydrogen used by the eligible taxpayer during the tax year for which a credit is sought. Provides for additional credits if the use of the zero-carbon hydrogen by the eligible taxpayer occurs in an equity investment eligible community. Provides that the total amount of tax credits to be allocated by the Department of Revenue to taxpayers for eligible zero-carbon hydrogen use occurring in the tax year ending during that State fiscal year shall not exceed $100,000,000, plus the amount of tax credits that were available to be allocated for eligible zero-carbon hydrogen use in the tax year ending during the prior State fiscal year but were not allocated. Effective immediately.
HB 2053, Autonomous Vehicles was filed. This bill defines "autonomous vehicle" as a motor vehicle that possesses the capability (enabled or not) for automated functions to control movement of the vehicle along 2 axes of direction simultaneously. Provides that, before selling or continuing to operate a new or used autonomous vehicle in this State and before updating the software or hardware of any automated driving system on such a vehicle, a manufacturer shall submit to the Department of Transportation documentation regarding the level of driving automation, along with a filing fee in an amount to be determined by the Department. Provides that the Department shall assemble an Automated Driving Systems Review Committee to evaluate submitted documentation and make determinations concerning the level of automated driving capabilities and the suitability of the vehicle for operation on public roads. Provides that an autonomous vehicle classified as having Level 2 Driving Automation may be sold to consumers and registered for use. Provides that the owner of the automated vehicle shall file an annual report with the Department of Transportation stating the number of miles driven per year, the estimated number of miles driven using equipped automated driving systems, and any collisions that occurred involving the vehicle. Prohibits the sale or operation of autonomous vehicles classified as having Level 3, 4, or 5 Driving Automation. Provides that a resident may file a request for the Automated Driving Systems Review Committee to review an existing vehicle sold or registered in this State, and that the Secretary of State shall receive and investigate complaints of a dealer selling a vehicle prohibited for sale under the new provisions. Provides that a person who operates a prohibited vehicle is guilty of a Class A misdemeanor and that such a vehicle is subject to impoundment. Provides penalties for the unauthorized sale or modification of an autonomous vehicle.
SB 160 Telephone Solicitation amends the Telephone Solicitations Act. Provides that a person, business, or organization may not spoof a caller's information or otherwise misrepresent the origin of a telemarketing call unless the person, business, or organization has the right to use the name and phone number displayed. Requires telephone solicitations placed in a manner other than by a live operator to immediately disclose their identity and the purpose of the call and prompt the recipient of the call to consent to the solicitation.
SB 163 R&D amends the Illinois Income Tax Act. Increases the research and development credit by providing that the increase in research and development activities shall be based on an increase over 50% of the average of the qualifying expenditures for each year in the base period (instead of 100% of the average of the qualifying expenditures for each year in the base period). Provides that the research and development credit applies on a permanent basis. Effective immediately. This bill is an initiative of the Illinois Chamber Tax Institute.
SB 186 Creates the Access to Public Health Data Act. Provides that the Department of Public Health, the Department of Human Services, and the Department of Children and Family Services shall, at the request of a local health department in Illinois, make any and all public health data related to residents of that local health department's jurisdiction available to that local health department for the purposes of preventing or controlling disease, injury, or disability.
SB 215, Progressive Design Build was introduced. This bill amends the Design-Build Procurement Act. Provides that "design-build" includes the progressive design-build delivery method. Defines "Progressive design-build delivery method" as a design-build project delivery method that consists of 2 phases. The first phase includes budget-level design development, preconstruction services, and negotiation of a contract price (either lump sum or guaranteed maximum price), and the second phase includes final design, construction, and commissioning of the project.
SB 218 PA provides that a physician assistant shall be deemed by law to possess the ability to prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of such authority by a physician. Provides that such ability shall include the prescribing of Schedule II, III, IV, and V controlled substances. Provides that to prescribe Schedule II, III, IV, or V controlled substances under the Act, a physician assistant shall obtain a mid-level practitioner controlled substances license. Provides that when a written collaboration agreement is required under the Act, delegation of prescriptive authority by a physician is not required.
SB 241 Reproductive Healthcare amends the Network Adequacy and Transparency Act. Provides that an insurer providing a network plan shall file a description with the Director of Insurance of written policies and procedures on how the network plan will provide 24-hour, 7-day per week access to reproductive health care. Further, the Department of Insurance shall consider establishing ratios for reproductive health care physicians or other providers.
SB 248 Incentives/NDAs amends the Public Officer Prohibited Activities Act. Provides that no officer, employee, or agent of a unit of local government may attempt to withhold disclosure to the public of information relating to tax incentives and other financial incentives by using a nondisclosure agreement. Defines "tax incentive". Effective immediately.
SB 316, Propety Tax/Railroads was introduced. This bill provides that railroad property shall be assessed based on the location of the property (rather than as a unit).
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