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Session Update
The House and Senate both returned to Springfield on Wednesday afternoon for the first day of the lame duck session. Both chambers spent most of their time caucusing while there was little floor action of substance. On Thursday, work began for both chambers with committee meetings early in the morning and floor action and caucusing interspersed throughout the day and evening. Both chambers were in until late in the night. The House adjourned just before 1 am. After today's action, the Senate will return on Sunday afternoon and the House will return on Tuesday, January 10th.
Much of the discussion and action this week has been focused on firearms and reproductive healthcare/abortion rights. Unemployment Insurance Trust Fund appropriations and a “deal closing fund” for the Governor has been created. Pertinent legislation has been highlighted in sections below.
The 103rd General Assembly will be inaugurated on January 11th. The Senate released its session calendar for 2023. The House has also released its 2023 calendar.
The terms of each of the newly-elected Senators has been released. View the document here to see the term length for each member of the upper chamber.
Paid Leave
Amendment 3 to SB 208 has been filed regarding a mandated 7 days of paid leave for every employer. It is substantially similar to the language the business groups, including the Illinois Chamber, provided the House sponsor, Leader Gordon Booth (D-Peoria), over a year ago. However, it does not include the local government preemption clause we asked for. It also makes some minor changes to the collective bargaining provisions and has a July 1, 2023 effective date.
As compromises go, this is not a terrible bill. However, we are engaged in additional negotiations that will that are helpful to the business community. We expect to see another amendment that reflects these negotiations and cleans up some technical concerns raised by the Illinois Chamber and other business groups.
We expect the amendment to be filed in the House sometime today. If approved by the House any amendments must go back to the Senate for concurrence. The House and Senate are expected to adjourn today but return early next week to finish up any unfinished lame duck business. The new, 103rd General Assembly will be sworn in on Wednesday, January 11th.
Further questions relating to this matter, please contact Aaron Harris at adharris@michaelbeststrategies.com or David Ramirez dsramirez@michaelbeststrategies.com
Out of State CDL Retesting Requirements Removed
The Secretary of State adopted amendments to Issuance of Licenses (92 IAC 1030; 46 Ill Reg 15069 and 15522) effective 12/21/22, combining two separately proposed rulemakings.
The rulemaking removes the requirement that Illinois Commercial Driver’s License (CDL) applicants who hold valid out of State CDLs retake their CDL written and pre-trip/ skills/road exams. (SOS had temporarily waived this requirement during the COVID-19 public health emergency but has now abolished it permanently, since federal rules require all states to administer CDL exams using the same source of knowledge test questions and same criteria for road tests, and Illinois was the only state that required re-testing.) Those affected by this rulemaking include out of State CDL applicants and their employers.
We applaud this move regarding CDLs. In October, during the public comment period, the Illinois Chamber submitted a comment letter in support of the rulemaking affecting out of State applicants.
In that letter, we said the following: "This proposed rulemaking is long-awaited and welcome news for our members in trucking and related industries as many continue to suffer from a shortage of drivers. With this rulemaking, a barrier to employment will be removed. Improving hiring competitiveness, companies in Illinois will now more easily be able to recruit out-of-state applicants or transfer out-of-state employees. While this proposed rulemaking most noticeably impacts the trucking industry, the benefits will extend to every corner of the Illinois economy that relies on the timely and efficient movement of goods."
Legislative Update
HB 45 Judicial Redistricting passed the House on concurrence by a vote of 69-40-0. As amended, this bill Makes changes to the Judicial Circuits Districting Act of 2022 and the Circuit Courts Act. This bill will affect Cook and McHenry County. Changes the ratio between associate and resident judges in Cook County.
HB 240 Hospitals passed the Senate by a vote of 32-15-0. This bill contains numerous healthcare changes relating to such things as hospital construction, nursing home staffing ratios and reimbursement, inpatient care for those accused of criminal activity, ground ambulance services and the State’s medical assistance program, and ARPA funding for health services.
HB 268, Tourism Districts passed the Senate by a vote of 48-6-0. This bill creates the Tourism Preservation and Sustainability District Act. Provides that hotel owners can petition a governmental unit (a municipality, county, or township) to create a tourism preservation and sustainability district if the hotel owners believe their businesses would represent more than 50% of transaction charges collected inside the district. Requires the owners to create a district plan. Provides for the governmental unit to pass a resolution of intent to create the district within 60 days after the filing of the petition if the governmental unit wants to proceed with the district. Provides that, in certain circumstances, a governmental unit must enter into an intergovernmental agreement with another governmental unit if territory of the other governmental unit is included within the territory of the district. Requires a public hearing with the opportunity for hotel owners to object to the formation. Provides that, if not enough objections are received by the governmental unit's clerk, then the governing body of the governmental unit may form the district. Provides that transaction charges (charged either on a fixed dollar or percentage rate per hotel room per night) collected by a governmental unit shall be transferred to the local tourism and convention bureau included in formation ordinance which shall use the moneys for improvements and services within the district. Includes requirements for annual reports; modification; renewal, and termination of the district; and contesting the formation of the district or transaction charges in court. Contains other provisions relating to the operation of the district.
HB 4245 Plumbing License passed the House on concurrence. This bill amends the Illinois Plumbing License Law. Provides that the inspecting licensed plumber (rather than just a licensed plumber) shall make the physical connection between a lawn sprinkler system and the backflow prevention device. Provides that the inspecting licensed plumber shall inspect every aspect of the sprinkler system to ensure the provisions concerning irrigation contractors and lawn sprinkler systems have been met. In provisions concerning civil penalties, provides that a registered irrigation contractor, firm, corporation, partnership, or association that directs, authorizes, or allows a person to practice, offer to practice, attempt to practice, or hold himself or herself out to practice as an irrigation employee without being registered under the Act, shall be subject to a civil penalty of $10,000 for a first and second offense (rather than $5,000) along with other specified penalties. Provides penalties for an inspecting licensed plumber who does not inspect every sprinkler system installed by an irrigation contractor to ensure the provisions of the Act have been met and that the system works mechanically or signs off on the installation without making the physical connection between a lawn sprinkler system and the backflow prevention device.
HB 4285, Procurement passed the House on concurrence by a vote of 75-20-1. This bill, among other things, increases the small purchase limit for construction contracts from $100,000 to $250,000. Authorizes State agencies and public institutions of higher education to purchase StateRAMP-certified cybersecurity products. Authorizes public institutions of higher education to use single-prime procurement for the award of certain construction contracts. Sets forth requirements for those procurements. Provides that specified members of the State Procurement Task Force shall serve as co-chairs of the task force (now, the Chairperson of the Commission on Equity and Inclusion serves as the chairperson). Requires the Procurement Policy Board (rather than the Department of Central Management Services) to provide administrative and other support to the task force. Requires the task force to submit a report of its findings and recommendations to the Governor and General Assembly by February 1, 2023 (rather than November 1, 2022). Amends the Design-Build Procurement Act. Authorizes a public institution of higher education to be recognized as a State construction agency for purposes of the Act. Specifies that the Act is repealed January 1, 2026 (rather than January 1, 2027). Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Authorizes an entity that qualifies as a business for purposes of the Act to have gross sales of up to $150 million (rather than $75 million).
HB 4412, Energy Policy passed the Senate Executive Committee by a vote of 9-5-0. Among other things, this bill provides that there shall be at least one public hearing during which public comment shall be taken regarding the application for siting approval or a special use permit for a commercial wind energy facility or commercial solar energy facility. Provides that the public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 45 days after the filing of an application for siting approval or a special use permit for a commercial wind energy facility or commercial solar energy facility. Provides that the county shall make its decision not more than 30 days after the conclusion of the public hearing. Removes a provision that allows any part of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 to continue in effect notwithstanding the provision. Provides that a county with an existing zoning ordinance in conflict with the provisions shall amend such zoning ordinance to be in compliance within 120 days after the effective date of the amendatory Act. Specifies setback requirements, restrictions on blade tip height, sound limitations, and other restrictions on and regulations for commercial wind energy facilities and commercial solar energy facilities. Includes other provisions limiting a county's ability to regulate commercial wind energy facilities and commercial solar energy facilities, and grants counties certain other powers in the regulation of commercial wind energy facilities and commercial solar energy facilities.
HB 5061, Regional Water Commissions passed the Senate by a vote of 55-0-0. This bill amends the Regional Water Commissions Division of the Illinois Municipal Code. Allows a regional water commission to provide for credits against amounts due to the commission from a municipality as a means to repay a municipality for specified costs incurred by the municipality relating to the regional water commission. Allows amendment or extension of specified contracts beyond 101 years by agreement of the parties. Provides that an owner of a bond issued under the Division, a trustee under a master trust indenture or supplemental trust indenture, or, in certain circumstances, both may enforce and compel performance relating to the bonds (now, only a holder of a bond issued under the Division has that right). Allows a commission to use alternate project delivery methods, establish goals or requirements for the procurement of goods and services and for construction contracts, accept assignment of municipal waterworks system contracts or other public improvement contracts, and take property by quick-take in specified circumstances. Makes other changes. Amends the Eminent Domain Act. Provides that a regional water commission may initiate quick-take proceedings for one period of 3 years after adoption of a schedule for acquisition of property or easements for the purposes of the regional water commission. Provides that the provisions do not authorize more than one 3-year quick-take period for any one regional water commission. Gives regional water commissions the authority to enter into design-build contracts and use a design-build delivery system. Includes definitions and requirements for the design-build delivery system.
SB 1534, Patients and Providers Protection Act passed out of the House by a vote of 67-41. As amended, this bill will make expansive reproductive health changes. Among other things, requires abortion care coverage to include medications prescribed for the purpose of producing an abortion. Requires health insurance to provide coverage for all abortifacients, gender-affirming health care medication, human immunodeficiency virus pre-exposure prophylaxis and post-exposure prophylaxis drugs. Requires abortion care coverage to include medications prescribed for the purpose of producing an abortion. Requires health insurance to provide coverage for all abortifacients, gender-affirming health care medication, human immunodeficiency virus pre-exposure prophylaxis and post-exposure prophylaxis drugs. Contains insurance mandates.
SB 1720, "Deal Closing Fund" passed out of the House Executive Committee by a vote of 9-5-0. This bill, as amended, states that in addition to any other transfers that may be provided for by law, at a time or times during Fiscal Year 2023 as directed by the Governor, the State Comptroller shall direct and the State Treasurer shall transfer up to a total of $400,000,000 from the General Revenue Fund to the Large Business Attraction Fund.
SB 1794, Local Government/Utility Taxes passed the Senate on concurrence by a vote of 53-0-0. Among other things, in provisions amending the Local Government Taxpayers' Bill of Rights Act, this bill provides that a notice of determination of tax due or assessment (removing the limitation in the engrossed bill to utility taxes) may be issued more than 5 years (rather than 7 years in the engrossed bill) after the end of the calendar year for which the return or the period was filed or the end of the calendar year in which the return for the period was due, whichever occurs later.
SB 2226, Firearms passed the House by a vote of 64-43-0. Among other things, this bill makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, with exemptions, and provides penalties. Prohibits the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices, with specified exemptions, and provides penalties.
SB 2801, UI Trust Fund Debt Appropriations passed out of the House Executive Committee by a vote of 14-0-0. This bill states that the sum of $1,370,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Employment Security for payment to the Illinois Unemployment Insurance Trust Fund for repayment of all outstanding advances pursuant to Title XII of the federal Social Security Act, including prior year costs. The sum of $450,000,000 is appropriated from the General Revenue Fund to the Department of Employment Security as a loan for payment to the Illinois Unemployment Insurance Trust Fund solely for purposes of paying unemployment insurance benefits, without the accrual of interest, to be repaid pursuant to the provisions of the Unemployment Insurance Act.
Local Chamber DCEO Grants
Filed today, HB 5052 (SFA 1) would create local chambers of commerce recovery grants. In part, the legislation says the following:
Upon receipt or availability of the State or federal funds described in subsection (b), and subject to appropriation of those funds for the purposes described in this Section, the Department of Commerce and Economic Opportunity shall establish a program to award grants to local chambers of commerce. The Department shall award an aggregate amount of $5,000,000 in grants under this Section to eligible chambers of commerce. Each eligible chamber of commerce that applies to the Department for a grant under this Section shall certify to the Department the difference between the chamber of commerce's total annual revenue in calendar year 2019 and the chamber of commerce's total annual revenue in calendar year 2020. The maximum amount that may be awarded to any eligible chamber of commerce during the first round of grants is one-sixth of the certified amount. In determining grant amounts awarded under this Act, the Department may consider any awards that the chamber of commerce has received from the Back to Business Grant Program or the Business Interruption Grant Program.
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