GOVERNMENT AFFAIRS
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June 16, 2023


This Week in Illinois

CGFA: State Revenues in May See Noteworthy Improvement, Helping to Recoup the Losses in April


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 May. Below is an excerpt from the publication with the full article HERE.


General Funds revenues bounced back nicely from April’s $1.8 billion decline with growth of $677 million in May, as compared to the same month the year prior. The May increases were experienced across the board, with the most significant growth coming from the Personal Income Tax and Federal Sources. Part of the reason for last month’s extensive declines was due to April having one less receipting day in FY 2023. This “lost” day was effectively made up in May, as the extra receipting day helped bolster this month’s revenue totals.


Personal Income Tax revenues recouped a segment of its significant April losses (associated with comparatively weaker final tax payments) with growth of $367 million in May. When removing the non-general fund distributions to the Refund Fund and the Local Government Distributive Fund, the net increase was $311 million. In addition, revenue from Federal Sources, which have trailed last year’s pace throughout much of the year, rose $252 million in May helping to alleviate some of the sting from last month’s declines.


... When incorporating May’s revenue gains into the FY 2023 accrued total, General Funds base revenues are now ahead of last year’s pace by $484 million with one month remaining in the fiscal year. When including the revenue gains from ARPA reimbursement funds, the overall growth for the fiscal year improves to $809 million. While this year-to-date growth figure is well below the $2.5 billion high-water mark at the end of February, it is a noticeable improvement over the meager $132 million in growth that resulted after March and April’s sizeable declines.

Session Update


The General Assembly adjourned last month 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.

Bills of Interest Signed into Law


HB 1105, ICC Approval of Eminent Domain-Support signed into law. 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 1236, Bidding signed into law. 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 1541, Utilities Termination signed into law. 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 2907, Dispute Damages-Oppose signed into law. 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 3491, Prevailing Wage/Contractors-Oppose signed into law. 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 3551, Bond Authorization passed the House 74-37-0. As amended, this establishes the Bond Authorization Act of 2023. Amends the General Obligation Bond Act. Increases the total amount that the State of Illinois is authorized to issue in general obligation bonds from $79,256,839,969 to $79,440,839,969. Increases the amount of bond proceeds authorized to be used for various capital purposes. Increases the amount of bond proceeds authorized to be used by the Illinois Environmental Protection Agency for grants or loans to units of local government for planning, financing, and constructing sewage treatment works and solid waste disposal facilities. Decreases the amount of bond proceeds authorized to be used for specified coal and energy development purposes. Specifies that refunding bonds shall mature within the term of the bonds being refunded. Amends the Build Illinois Bond Act. Increases the total amount that the State of Illinois is authorized to issue in Build Illinois Act bonds from $9,484,681,100 to $10,019,681,100. Increases the amount of Build Illinois Act bond proceeds that may be used for various purposes. Provides that costs for advertising, printing, bond rating, travel of outside vendors, security, delivery, and legal and financial advisory services, initial fees of trustees, registrars, paying agents and other fiduciaries, initial costs of credit or liquidity enhancement arrangements, initial fees of indexing and remarketing agents, and initial costs of interest rate swaps, guarantees or arrangements to limit interest rate risk, as determined in the related Bond Sale Order, may be paid as reasonable costs of issuance and sale from the proceeds of each Bond sale. Allows 1% (rather than 0.5%) of the proceeds of bond sales to be used for specified costs. Requires the Governor's Office of Management and Budget to supply summaries of costs to the legislative leaders and the Commission on Government Forecasting and Accountability. Makes changes in provisions concerning the selection of bond counsel, the sale of bonds, and the maturing of refunding bonds.


SB 40, EV Charging signed into law. 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 199, Nursing signed into law. 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 signed into law. 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 328, Automatic Contract Renewal signed into law. 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 1127, Wind Energy signed into law. This bill states that in provisions regarding county regulation of commercial wind energy facilities and commercial solar energy facilities, provides that changes adopted by Public Act 102-1123 do not apply to a commercial wind energy or commercial solar energy development on property that is located within an enterprise zone certified under the Illinois Enterprise Zone Act, that was classified as industrial by the appropriate zoning authority on or before January 27, 2023, and that is located within 4 miles of the intersection of Interstate 88 and Interstate 39.


SB 1282, INS Coverage signed into law. This bill Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 shall provide coverage for preventative liver disease screenings for individuals 35 years of age or older and under the age of 65 at high risk for liver disease, including liver ultrasounds and alpha-fetoprotein blood tests every 6 months, without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided. Provides that the provisions do not apply to coverage of liver disease screenings to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to specified federal law.


SB 1563, Microplastics signed into law. This bill provides that, by March 1, 2024, the Illinois Environmental Protection Agency shall make publicly available on its website the following information: (1) a description of microplastics and their effects on aquatic life and human health; (2) any federal and State regulatory actions taken to address microplastics and their effects on aquatic life and human health; (3) contact information for an employee of the Agency who is available to provide information on microplastics if a member of the public has questions or concerns; and (4) additional resources. Provides that by October 1, 2024, the Agency shall submit a report to the General Assembly and the Governor that provides an overview of any Agency actions relating to microplastics, a comparative analysis of actions in other states regarding microplastics in the environment, and information on the latest guidance from the United States Environmental Protection Agency.


SB 1617, Credentialing signed into law. This bill provides that "recredentialing" and "single credentialing cycle" must be undertaken for a period not to exceed 3 years (rather than once every 2 years).


SB 1653, Early Warning Pilot Program signed into law. This bill provides that the Department of Transportation shall establish a low-clearance early warning device pilot program. Provides that an early warning device may include, but is not limited to, LiDAR, radar, visual signal, or additional signage. Allows the Department of Transportation to work with the University of Illinois on the pilot program. Provides that the fine shall not exceed $1,000.

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

In Case You Missed it... Illinois Chamber Releases End of Session Report


We are proud to release our annual End of Session Report. Just like every year, the Illinois Chamber team diligently drafted, tracked, and advocated on legislation impactful for the business community.


In this report, we begin by highlighting key 2023 victories for the Illinois Chamber. These victories include the passage of a Chamber initiative on permitting and the stoppage of harmful legislation on categories including independent contractors’ status in the workplace and environmental justice. This is followed by a brief narrative of some disappointments faced by the business community. Finally, this report then transitions into a section-by-section recap of the legislation tracked and lobbied by each of the Chamber’s 7 policy councils.


This document is a product of our advocacy over the past year. Click the link below to view the report.


End of Session Report

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

 

Our keynote speaker, Karen Murphy is the SVP of Business Strategy and the Chief Financial Officer for the Chicago Bears where the football club champions players, staff, fans and communities on and off the field. Karen will discuss how through her graceful leadership, global perspective and deep experience, the Chicago Bears infuse a champion mindset for both football and business operations. Murphy will dig into the champion mindset that helped launch a strategic playbook on creativity and innovation, steeped in a customer centric approach. 


Registration Link: Women in Business Conference


Illinois Chamber and Illinois National Guard Event

 

On behalf of the 13,000 members of the Illinois National Guard, you are cordially invited to celebrate the establishment of Camp Lincoln with us as well as attend a presentation on how local businesses can compete for millions of federal dollars in supplies and services purchased in Illinois by the Illinois National Guard each year. 

 

The presentation will be led by the United States Property and Fiscal Office for Illinois' Supervisory Contract Specialist Lt. Col. Mark Williams and will be held on July 6 at 10 a.m. in the Illinois Military Academy auditorium on Camp Lincoln, 1301 North MacArthur Boulevard, Springfield, IL 62702. 



On July 6, 1886, by order of Governor Richard J. Oglesby, Adjutant General Joseph W. Vance issued General Order 14. It read, “The permanent camp and rifle range established for the Illinois National Guard, near Springfield, is hereby designated and will be known as Camp Lincoln.” The camp consisted of 160 acres, is a mile long and a quarter mile wide and is just a half mile from President Abraham Lincoln’s tomb. The land originally cost $18,100. 

 

Throughout 2023 the Illinois National Guard is celebrating its 300th Birthday by marking significant dates in the history it shares with communities across Illinois. Among those communities are Greater Springfield business leaders. Camp Lincoln is the headquarters of the Illinois National Guard and one of its key training and maintenance facilities. Camp Lincoln and the 183rd Wing bring in millions of federal dollars to Springfield each year and the Illinois National Guard is among the city’s largest employers.  

 

Interested participants can RSVP to the Illinois National Guard Public Affairs Office by e-mail: ng.il.ilarng.list.staff-pao@army.mil or by calling 217-761-3569.

Connect with the Chamber
If you have questions about the Government Affairs Report, contact Clark Kaericher at ckaericher@ilchamber.org. Do not reply to this email.