August 18, 2023

This Week in Illinois

Illinois Chamber and IERG Applaud the Signing of HB 3017, Permitting Portal

The Chamber released a statement early this week on the signing of HB 3017, below is that release.

The Illinois Chamber of Commerce and the Illinois Environmental Regulatory Group (IERG) applaud Governor Pritzker on the recent signing of legislation to improve the permitting process for businesses in Illinois.

HB 3017 amends the Business Assistance and Regulatory Reform Act by consolidating status updates from state agencies for covered projects in an accessible online portal. With such a portal, businesses seeking certain new and existing environmental permits for industrial projects can access a website to better understand the timeline and process for agency approval.

“This new law will expedite the outdated and lengthy permit issuance process in Illinois,” said State Senator Ram Villivalam (D-Chicago). “By increasing transparency for permit applicants and the public via an online dashboard there can be greater clarity on cases so unnecessary steps can be avoided. If we can streamline any process to make Illinoisans’ lives easier, then it’s a win for all.”

“HB 3017 places DCEO as the much-needed quarterback for permit issuance on large-scale projects in our state,” said Chief House Sponsor Lance Yednock (D-Ottawa). “I’ve been proud to work on this legislation over the past two years and look forward to the investment it will bring for Illinois and the increased opportunity it can bring for workers in our state.”

“I am proud to have co-sponsored legislation that will ultimately help businesses save time and money by cutting back on regulations and expediting the permitting process. Illinois sometimes finds itself at a competitive disadvantage with neighboring states when it comes to the permitting process. This new law will help level the playing field for our state and attract and keep businesses that employ hard-working Illinoisans,” said House Chief-Co Sponsor Dave Severin (R-Benton).

This law makes Illinois more competitive with regional states that already offer this tool. While each is unique in its design, permit-tracking dashboards are in place at the federal level as well in nearby states such as Wisconsin, Indiana, and Pennsylvania.

Kelly Thompson, Executive Director of IERG said the following. "This is a win-win for both permit applicants and the Agency tasked with issuing the permits. This allows the permit applicant to have timely and up-to-date permit application tracking information but also assists the Agency and Department, which both have limited resources, to streamline the process and provide timely customer service to businesses already established here and those looking to locate within the State of Illinois."

“We appreciate the attentive work of the sponsors and the entire General Assembly for empowering DCEO to utilize information technology to streamline interagency coordination. We look forward to the implementation of this act.” Said Andrew Cunningham, Executive Director of the Illinois Chamber Infrastructure Council.

HB 3017, an initiative of the Illinois Chamber and IERG, passed the Illinois House and Senate unanimously.

Governor Pritzker Announces Recipients of Megasites Investment Program

Yesterday, Governor Pritzker and DCEO announced the recipients of the Megasites Investment Program funded through Rebuild Illinois Capital Funds. Through the program, the state will leverage $23 million in grants to generate $144 million total investments in 9 projects across the state.

Megasites are large, developed sites ready for occupancy for manufacturers, distribution centers, industrial centers, and more. Investing in megasites develops underutilized areas and former industrial sites, while making the State more competitive for large-scale industrial investments.

Through the competitive grant opportunity, the State is awarding $23 million in project funds for a variety of site development expenses, including infrastructure expenses such as roads, water, sewer, and other utilities; site development expenses like rehabbing existing structures; remediation and cleanup; as well as land acquisition and related expenses.

The megasites program recipients were selected through a competitive Notice of Funding Opportunity (NOFO) that was open to private entities, non-profits, or local governments. Grants range from $1,250,000 to $5 million. In addition to the $23 million in megasites funding that was awarded, DCEO plans to deploy available funds for additional site development opportunities in the future.

View the list of recipients here.

State Fair Week

As most of you are aware, the Illinois State Fair is well underway and nearing its conclusion. The 2023 Illinois State Fair in Springfield runs from August 10th-20th. This week featured some notable themes including Governor's Day on the 16th and Republican Day on the 17th. Last year, attendance records were set as the 2022 State Fair welcomed 636,000 guests to the grounds in Springfield.

If you haven't had a chance yet to attend, be sure to stop by this weekend for all kinds of Illinois-centric attractions!

Bills of Interest Signed Into Law

HB 219, Punitive Damages-Oppose signed into law. This bill amends the Wrongful Death Act. Provides that an action under the Act may be filed to recover punitive damages. 

HB 1131, Development Authorities signed into law. This bill Amends the Southwestern Illinois Development Authority Act. Adds Monroe County to the territory of the Southwestern Illinois Development Authority. Provides that the Chairman of the Authority shall be elected by the Board annually from the voting members (rather than elected from the members appointed by the county board chairmen). Allows the Authority to also enter into intergovernmental agreements with Bond, Clinton, and Monroe counties, in addition to other entities (currently, the only counties included are Madison and St. Clair counties). Adds Winnebago and Boone counties into the territory and jurisdiction of the Quad Cities Regional Economic Development Authority. Makes conforming changes, including adding Jo Daviess, Carroll, Whiteside, Stephenson, Lee, Knox, Winnebago, and Boone counties to a list of counties with which the Authority may enter into intergovernmental agreements. Amends the Tri-County River Valley Development Authority Law. Adds McLean County to the territorial jurisdiction of the Tri-County River Valley Development Authority. 

HB 1497, Car sharing-Support signed into law. 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 2086, Containers signed into law. 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 2450, Healthcare Licensing/Education signed into law. This bill provides that for health care professional license or registration renewals occurring on or after January 1, 2025, a health care professional who has continuing education requirements must complete at least a one-hour course in training on cultural competency. A health care professional may count this one hour for completion of this course toward meeting the minimum credit hours required for continuing education. Provides that, notwithstanding any other provision of law, for health care professional license or registration renewals occurring on or after January 1, 2025, a health care professional whose license or registration renewal occurs every 2 years must complete all statutorily mandated topics within 3 renewal periods. Provides that if any additional statutorily mandated topics are added by law after the effective date of the amendatory Act, a health care professional whose license or registration renewal occurs every 2 years must complete all statutorily mandated topics within 4 renewal periods. Provides that, notwithstanding any other provision of law, for health care professional license or registration renewals occurring on or after January 1, 2025, a health care professional whose license or registration renewal occurs every 3 years must complete all statutorily mandated topics within 2 renewal periods. Provides that if any additional statutorily mandated topics are added by law after the effective date of the amendatory Act, then a health care professional whose license or registration renewal occurs every 3 years must complete all statutorily mandated topics within 3 renewal periods. Provides that the Department of Financial and Professional Regulation shall maintain on its website information regarding the current specific statutorily mandated training topics. Provides that each license or permit application or renewal form the Department provides to a health care professional must include a notification regarding the current requirements for the specific statutorily mandated topics. Amends the Illinois Controlled Substances Act. Provides that in accordance with the requirement for prescribers of controlled substances to undergo training under the federal Consolidated Appropriations Act, 2023 every prescriber who is licensed to prescribe controlled substances shall, during the pre-renewal period, complete one hour (rather than 3 hours) of continuing education on safe opioid prescribing practices offered or accredited by a professional association, State government agency, or federal government agency. 

HB 2509, Nursing-Support signed into law. 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 2898, MAP-Neutral signed into law. 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 signed into law. 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.

SB 1561, E-Cigarettes signed into law. 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 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. 

SB 2192, Procurement Bid Notice passed the House 109-0-0. 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.

Session Update

The General Assembly adjourned in the early morning of Saturday, May 27th. Per SJR 42, the House and Senate have adjourned until the call of the Speaker and the Senate President. The 2023 fall veto session has been announced for October 24th-26th and November 7th-9th. View the calendar here.

Illinois Chamber 2023 Annual Luncheon - Register Today!

We at the Illinois Chamber are thrilled as we look forward to our 2023 annual meeting taking place on September 28th in Oak Brook. As every year, we invite you to join us for a wonderful lineup of speakers and activity in support of the Illinois business community.

We are thrilled that Illinois State Comptroller Susana Mendoza will help us kick off the annual meeting with a fireside chat with Secretary of the Chamber Board, Kelly Edwards - State Counsel for Illinois and Indiana at State Farm Insurance Companies. After lunch has been plated, our keynote speaker, Vice Chair of Inland Real Estate Group and President of Inland Real Estate Acquisitions, Joe Cosenza will address attendees. The event will conclude with a time of remembrance and a tribute to Illinois Chamber President and CEO Todd Maisch who we sadly lost earlier this summer. 

When

• Sep. 28th, 10:30am - 2:00pm

Where

• Doubletree by Hilton Hotel Chicago in Oak Brook

Register HERE - we can't wait to see you at the luncheon!

Local Chambers: 2023 Legislative Presentation Opportunity

The Illinois Chamber is pleased to offer in-person and virtual legislative recap presentations to local chambers across the state. This opportunity, offered exclusively as a benefit to local chambers within our membership, provides insight into the major legislative action that occurred this spring at the statehouse and what it means for Illinois businesses.

If you are putting together programming for the rest of this summer and fall we are happy to offer our services on this topic to keep your members legislatively informed.

For any questions please contact Andrew Cunningham, at acunningham@ilchamber.org

Illinois Sales Tax: Exemptions and Incentives

Date/Time: August 31, 2023 | 1:30 pm – 2:30 pm

We will provide practical advice for claiming and documenting sales tax exemptions; including a discussion of exemptions and documentation requirements for sellers and purchasers. Plan to join Keith Staats, Executive Director of Illinois Chamber's Tax Institute for this presentation!



Registration Link: HERE