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

April 28, 2023


This Week in Illinois

Session Update

 

The House and Senate both returned to Springfield on Tuesday for three days of session. Throughout the week, there was limited floor action of note in either chamber while the committee schedule was far busier with this week's deadline.

 

Today, Friday is the deadline for House bills to get out of Senate committees and Senate bills to get out of House committees. However, per HJR 32, Friday's session was canceled. 

 

The House and Senate will both return on Tuesday, May 2nd. While the House is scheduled for just three days of session next week the Senate is not scheduled to leave Springfield again until Thursday, May 11th. View the Senate session calendar for 2023. View the House 2023 calendar.

HB 3017, Permitting Portal passes out of Senate State Government Committee Unanimously

 

On Wednesday, HB 3017 passed as amended out of Senate State Government as an agreed bill. HB 3017 is the Chamber/IERG initiative to create an online permitting portal for large industrial projects in Illinois where applicants can track the status of their permits. After the Chamber and IERG were able to reach an agreement with some of the state agencies last week there is no longer any opposition to the legislation.

 

HB 3017 passed out of the House unanimously earlier this Spring and we look forward to its passage in the Senate as well with Sponsor, Senator Villivalam.

GAP Call


The Illinois Chamber will host its Government Affairs Professionals (GAP) call on Monday, May 1st 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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Committee Action of Note:


HB 1067, Superintendent of Public Works passed out of Senate Local Government 10-0-0. This bill provides that a superintendent of a department of public works shall be a registered professional engineer, hold a degree in engineering from an accredited institution of higher learning, or have at least 10 years of professional, management-level experience in either a municipal or county public works department (rather than the superintendent shall be a registered professional engineer). Provides that at least one employee in the public works department shall be a professional engineer licensed under the Professional Engineering Practice Act of 1989.

 

HB 1120, Charter Schools-Neutral passed out of Senate Labor 12-1-0. This bill provides that any renewal of a certified charter must include a union neutrality clause. Requires a union neutrality clause to be included in a charter school proposal.

 

HB 1122Freelance Workers-Neutral passed out of Senate Labor 12-1-0. As amended, this bill creates the Freelance Worker Protection Act. Provides that, except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount no later than 30 days after the freelance worker provides the product or completes the services under the contract. Provides that once a freelance worker has commenced preparation of the product or performance of the services under the contract, a contracting entity shall not require as a condition of timely payment that the freelance worker accept less compensation than the amount of the contracted compensation. Requires written contracts for services or products provided by a freelance worker. Sets forth the information such written contracts must include. Provides that a contracting entity must make the contract available to the Department of Labor upon request. Requires the Department to make model contracts available on its website for use by the general public at no cost. Prohibits a contracting entity from taking any action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under the Act. Sets for the procedure for freelance workers to file a complaint alleging a violation of the Act. Provides that complaints shall be reviewed by the Department to determine whether there is cause for the Department to initiate the process of facilitating the exchange of information between the parties. Contains provisions concerning notification and response requirements. Authorizes the Attorney General to initiate or intervene in a civil action if the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern and practice prohibited under the Act. Contains provisions concerning Attorney General investigations; civil penalties; and other enforcement matters. Provides that, subject to appropriation, the Department may conduct a public awareness campaign regarding the Act that, at a minimum, includes making information available on its website, otherwise informing contracting entities of the provisions of this Act, and establishing a means for assistance by a natural person through phone or email. Requires the Department to submit a report every 5 years to the General Assembly on freelance contracting and payment practices, the number of complaints received by the Department alleging a violation of the Act, and other matters. Requires the Department to publish each report on its website. Grants the Director rulemaking authority. Provides that except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount on or before the date the compensation is due under the terms of the contract. Provides that if the contract does not specify when the hiring party must pay the contracted compensation or the mechanism by which the date will be determined, compensation shall be due no later than 30 days after the completion of the freelance worker's services under the contract. Provides that the definition of "freelance worker" does not include an individual performing construction services. 

 

HB 1131, Development Authorities passed out of Senate Local Government 10-0-0. 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 1236Bidding passed out of Senate Local Government 7-3-0. 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 1258, Child Labor Changes passed out of Senate Labor 13-0-0. This bill provides that no minor under 16 years of age shall be employed, permitted, or allowed to work in any gainful occupation for more than 40 hours (rather than 48 hours) in any one week. Removes a provision limiting the hours of work for minors under the age of 16 to no more than 8 hours a day of combined work hours outside and in school. Provides that a minor 14 years or older who is employed in a recreational or educational activity while school is in session is limited to working 18 (rather than 24) hours in any week. Authorizes the Regional or District Superintendent of Schools to issue an employment certificate that permits a minor under 16 years of age to appear in a play or musical comedy with a professional traveling theatrical production if such minor shall not appear on stage or be present in rehearsals for more than 18 (rather than 24) hours in one week.

 

HB 1465, Bidding passed out of Senate Local Government 10-0-0. This bill amends the Illinois Highway Code. In provisions concerning the performance of functions by the highway commissioner of a road district, provides that, except for professional services, when the cost of construction, materials, supplies, new machinery or equipment exceeds $30,000 (instead of $20,000), the contract for such construction, materials, supplies, machinery or equipment shall be let to the lowest responsible bidder if specified conditions are met. 

 

HB 1615Nursing passed out of Senate Labor 15-0-0. This bill provides that a primary goal of the Illinois Nursing Workforce Center is to develop a strategic plan for nursing workforce in the State by selecting priorities to be addressed, including: (1) for license renewals beginning in 2024 and each renewal thereafter, to develop and require the completion of a supply survey of all licensed nurses at initial licensure and each license renewal thereafter; and (2) no later than 2026, to develop a nurse demand and employer survey to be collected biennially. Adds 2 members to the Illinois Nursing Workforce Center Advisory Board representing a labor organization recognized under the National Labor Relations Act that represents active registered professional nurses licensed by the Department of Financial and Professional Regulation.


HB 2094Mortgage/Marketing passed out of Senate Financial Institutions 8-0-0. This bill provides that any marketing materials from a mortgage company not connected to the consumer's mortgage company must comply with specified requirements.

 

HB 2219, Sanitary Districts/Renewable Energy passed out of Senate Energy and Public Utilities 9-0-0. This bill authorizes the corporate authorities of a sanitary district to issue bonds prior to December 31, 2034, for the development of distributed renewable energy generation devices. Also authorizes a district to construct, maintain, finance, and operate distributed renewable energy generation devices as necessary to sell or otherwise dispose of recovered resources or renewable energy resources resulting from the operation of district facilities

 

HB 2231, TNC/Common Carrier passed out of Senate Executive Committee 8-3-0. This bill, as amended, extends the Act's repeal date from September 1, 2023 to September 1, 2028. Provides that a provision which specifies that TNCs and TNC drivers are not common carriers, contract carriers, or motor carriers and do not provide taxicab or for-hire vehicle service becomes inoperative January 1, 2024. 


HB 2325Mortgage/Remote Location-Support passed out of Senate Financial Institutions 8-0-0. This bill provides that each full service office (rather than office, place of business, or location) at which a residential mortgage licensee conducts any part of his or her business must be recorded with the Secretary of Financial and Professional Regulation. Provides that licensees may allow mortgage loan originators to work from a remote location if specified conditions are met. Provides that "full service office" does not include a remote location. 


HB 2487Justice 40 Oversight Committee-Neutral passed out of Senate Environment and Conservation. This bill establishes the Justice40 Oversight Committee. Provides that the Justice40 Oversight Committee shall make findings, conclusions, and recommendations regarding environmental justice in this State and uses of federal funds provided to the State for environmental justice. Provides that the members of the Oversight Committee appointed by the Speaker of the House of Representatives and the President of the Senate shall serve as Co-Chairpersons

 

HB 2518, Aircraft/Exemption - Support passed out of House Revenue & Finance 19-0-0. This bill amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. In provisions concerning an exemption for materials, parts, equipment, components, and furnishings incorporated into or upon an aircraft, removes language excluding materials, parts, equipment, components, and consumable supplies used in the modification, replacement, repair, and maintenance of aircraft engines or power plants. Removes language providing that the exemption applies only to property used by persons who hold an Air Agency Certificate, have a Class IV Rating, and conduct operations in accordance with certain Federal Aviation Administration regulations. 

 

HB 2531South Suburban Airport-Oppose passed out of Senate Executive Committee 10-3-0. This bill amends the Public-Private Agreements for the South Suburban Airport Act. Defines cargo-oriented development as the development of places that are both multimodal nodes of freight transportation and centers of employment in logistics and manufacturing businesses. Provides that the Department of Transportation shall (instead of may) establish a process for prequalification of offerors. Requires the Department to commence the prequalification process within 6 months after the effective date of the amendatory Act.


HB 2845Prevailing Wage/Biosolids-Oppose passed out of Senate Labor 11-5-0. This bill amends the Prevailing Wage Act. Provides that the definition of "public works" also includes the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, lime sludge, and lime residue removed from a water treatment plant or facility at a landfill. 


HB 3017Permitting Portal-Chamber/IERG Initiative passed out of Senate State Government. As amended, this bill provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. In provisions concerning an online transparency tool, provides that certain information shall be provided to the Office of Business Permits and Regulatory Assistance by State agencies. Provides that various provisions of the introduced bill are subject to appropriation.This bill is the Chamber/IERG initiative to create an online permitting portal for large industrial projects in Illinois.


HB 3095, Limestone Material passed out of Senate Environment and Conservation 9-0-0. This bill amends the Environmental Protection Act. Categorically excludes limestone residuals generated from the treatment of drinking water at a publicly owned drinking water treatment plant from regulation as a waste under the Act when used for specific beneficial purposes. Describes conditions that must be satisfied to obtain a beneficial use determination from the Environmental Protection Agency for these residuals when put to other beneficial uses. Directs the Pollution Control Board to adopt rules establishing standards and procedures for the Agency's issuance of these beneficial use determinations. Authorizes the Agency to prepare and distribute guidance documents relating to its management of limestone residuals from publicly owned drinking water treatment plant. 

 

HB 3202Insurance/Testing passed out of Senate Insurance 8-0-0. This bill provides that an individual or group policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2025 shall cover a medically necessary home saliva cancer screening every 24 months if the patient is asymptomatic and at high risk for the disease being tested for or demonstrates symptoms of the disease being tested for at a physical exam.

 

HB 3233, Dream Fund passed Senate Financial Institutions 5-3-0. This bill, as amended, provides that the Illinois Dream Fund Commission shall develop a comprehensive program, including creation of informational materials and a marketing plan, to educate people in the State of Illinois about the purpose and benefits of contributions made to the Illinois DREAM Fund. Amends the Transmitters of Money Act. Provides that licensees shall offer every customer who transmits money internationally the option to make a voluntary donation to the Illinois DREAM Fund. Provides that licensees must present customers with the option to make a donation to the Illinois DREAM Fund before the customer completes their transaction. Provides that the amount of the donation shall be no less than $1 per transaction. Provides that the Department of Financial and Professional Regulation may adopt rules to administer, implement, and interpret the provisions. Provides that licensees shall be responsible for ensuring that authorized sellers comply with the provisions. Provides that licensees shall not use, deduct, or retain any amounts from donations to the Illinois DREAM Fund, except any actual cost imposed by third-party payment processors to receive or remit the funds. Provides that beginning on January 1, 2024, the provisions apply to international money transmissions initiated by customers at a licensee's or authorized seller's physical location. Provides that beginning on January 1, 2025, the provisions apply to international money transmissions that are initiated online or in any other manner.


HB 3301, Newly Hired Employee passed out of Senate Labor 16-0-0. This bill amends the Unemployment Insurance Act. In provisions concerning the directory of new hires, provides that the definition of "newly hired employee" includes an individual under an independent contractor arrangement.


HB 3400, Public Works-Support passed out of Senate Labor 12-4-0. This bill provides that the Department of Labor shall report quarterly (rather than annually) to the General Assembly and the Governor the number of people employed on public works in the State during the preceding 3 months (rather preceding calendar year). This report shall include the total number of people employed on each public works project during the preceding 3 months. Provides that the report shall identify every public works project in the State by project name and contractor name and include the demographics of the workers on the project by percentage, including gender, race, and ethnicity, broken down by the following categories: (i) type of trade; (ii) whether the worker is a journey worker or apprentice; and (iii) total work hours performed.


HB 3448Contractors passed out of Senate Labor 15-0-0. This bill provides that every primary contractor and subcontractor shall post and keep posted, in one or more conspicuous places accessible to all laborers, workers, and mechanics at a job site, a notice, to be made available by the Director of Labor, summarizing specified requirements under the Act and information pertaining to the filing of a complaint. Provides that the Director shall provide copies of summaries and rules to primary contractors and subcontractors upon request without charge. Provides that any primary contractor or subcontractor who fails to provide notice as required shall be subject to a civil penalty, not to exceed $250, payable to the Department of Labor. Provides that one copy of the notice at a job site shall satisfy the notice requirement for the primary contractor and all subcontractors. 


HB 3491, Prevailing Wage/Contractors passed out of Senate Labor 12-4-0. 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 3631PBM passed out of Senate Insurance 8-0-0. This bill amends the Pharmacy Benefit Managers Article of the Illinois Insurance Code. Provides that a pharmacy benefit manager may not retaliate against a pharmacist or pharmacy for disclosing information in a court, in an administrative hearing, before a legislative commission or committee, in any other proceeding, or to a government or law enforcement agency, if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a State or federal law, rule, or regulation. Provides that a pharmacist or pharmacy shall make commercially reasonable efforts to limit the disclosure of confidential and proprietary information. Provides that retaliatory actions against a pharmacy or pharmacist include specified actions. Provides that the provisions apply to contracts entered into or renewed on or after July 1, 2022 (rather than July 1, 2023).


HB 3849Food Products Labeling passed out of Senate Agriculture 8-4-0. This bill provides that the Department of Agriculture, in consultation with the Department of Public Health, shall, on or before July 1, 2024, publish information to encourage food manufacturers, processors, and retailers responsible for the labeling of food products to voluntarily use the specified uniform terms on food product labels to communicate quality dates and safety dates. Provides that the Department of Agriculture shall promote the consistent use of the terms specified pursuant to these provisions in the course of its existing interactions with food manufacturers, processors, and retailers. Provides that in the process of implementing these provisions, the Department shall encourage food distributors and retailers to develop alternatives to consumer-facing "sell by" dates. Provides that the Department may accept nonstate funds from public and private sources to educate consumers about the meaning of the quality dates and safety dates specified in these provisions.


HB 3955, Hospitals passed out of Senate Insurance 8-0-0. This bill provides that, notwithstanding any provision of law to the contrary, hospitals organized or licensed under the Acts, in accordance with specified federal law, shall not delay provisions of a required appropriate medical screening examination or further medical examination and treatment for a patient in a hospital's emergency room in order to inquire about the individual's method of payment or insurance status.


SB 684, Central IL Regional Airport Authority passed out of House State Government 6-3-0. This bill creates the Central Illinois Regional Airport Authority. Provides that the territory of the Authority shall be the corporate limits of McLean County and that any existing airport authority located within McLean County is dissolved upon the establishment of the Authority. Provides that the new Authority shall assume the rights to all property, assets, and liabilities of any dissolved authority.


SB 836, Paint Stewardship passed out of the House Energy & Environment Committee 28-0-0. This bill creates the Paint Stewardship Act. Provides that each manufacturer of architectural paint sold or offered for sale at retail in the State shall submit to the Environmental Protection Agency a plan for the establishment of a postconsumer paint stewardship program. Requires the Agency to make a determination regarding whether to approve or disapprove the plan within 60 days of the plan being submitted. Prohibits a person from incinerating architectural paint collected pursuant to a paint stewardship plan. Requires the plan to be submitted no later than 12 months after the effective date of the Act. Restricts a manufacturer or retailer from selling or offering to sell architectural paint to any person in the State unless the manufacturer of the paint brand or the manufacturer's representative organization is implementing a paint stewardship plan. Provides that a manufacturer or representative organization participating in a postconsumer paint stewardship program shall not be liable for any claim of a violation of antitrust, restraint of trade, unfair trade practice, or other anticompetitive conduct arising from conduct undertaken in accordance with the program. Provides that by July 1, 2026, and each July 1 thereafter, a manufacturer or representative organization shall submit a report to the Agency that details the implementation of the manufacturer's or representative organization's program during the prior calendar year. Provides that financial, production, or sales data reported to the Agency by a manufacturer, retailer, or representative organization is confidential business information and is exempt from disclosure under the Freedom of Information Act. Requires a manufacturer or representative organization submitting a program plan to pay an administrative fee of $10,000 to the Agency at the time of submission. Provides that by July 1, 2026, and each July 1 thereafter, a manufacturer or representative organization operating a stewardship program shall remit to the Agency a $40,000 administration fee. Provides that on or before January 1, 2025, a manufacturer or representative organization shall implement a postconsumer paint collection plan. Provides that collection sites shall accept architectural paint from households and very small quantity generators to the extent provided in the postconsumer paint stewardship program. Sets forth penalties for violation of the Act, including a $7,000 civil penalty per violation. Provides that it is in the best interest of the State for paint manufacturers to, among other things, collect, transport, and process leftover paint for end-of-life management, including reuse, recycling, and disposal.

 

SB 1127, Wind Energy passed out of House Energy & Environment Committee 21-0--0. 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 passed out of House Insurance 12-0-0. 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 1438Dig Once Act passed out of House Public Utilities 17-0-0. This bill creates the Illinois Dig Once Act. This bill provides that the Department of Transportation, the Illinois State Toll Highway Authority, the Illinois Commerce Commission, and the Department of Commerce and Economic Opportunity shall consult with the State-Wide One-Call Notice System to jointly develop rules for the design and construction of road, highway, tollway, and expressway projects to reduce the need for the relocation of public water and wastewater infrastructure and to promote the deployment (rather than reduce the scale and number of repeated excavations of roads, highways, tollways, and expressways for the installation and maintenance) of broadband infrastructure and underground utility facilities in an efficient and competitively neutral process for all road, highway, tollway, and expressway projects. Provides that the rules adopted under the Act are not intended to delay the design or construction of road, highway, tollway, and expressway construction projects, and shall not be construed to provide authority to approve, deny, or delay broadband infrastructure projects or underground utility facilities projects. Provides that whenever a public utility makes an application for a grant or easement in, over, or upon real property of the State for purposes of locating and maintaining such utility, or such utility's wire, pipe, cable, fiber conduit, or other facility or equipment, the Administrator, with the consent of the agency having jurisdiction over the real property, may grant such an easement.

 

SB 1474Hydropower passed out of House Public Utilities 18-0-0. This bill provides that the Illinois Power Agency is authorized to oversee the procurement by electric utilities of renewable energy credits from newly modernized or retooled hydropower dams or dams that have been converted to support hydropower generation. Provides that in developing the long-term renewable resources procurement plan: the Agency shall also consider other approaches, in addition to competitive procurements, to procure renewable energy credits from new and existing hydropower facilities to support the development and maintenance of these facilities; and the Agency shall explore options to convert existing dams but shall not consider approaches to develop new dams where they do not already exist. Provides that on and after the effective date of the amendatory Act, for all procurements of renewable energy credits from hydropower facilities, the Agency shall establish contract terms designed to optimize existing hydropower facilities through modernization or retooling and establish new hydropower facilities at existing dams, and that such procurements shall prioritize projects located in designated environmental justice communities or in projects located in units of local government with median incomes that do not exceed 82% of the median income of the State. Provides that all new, modernized, or retooled hydropower facilities are subject to the prevailing wage requirements under the Prevailing Wage Act. Makes other changes. Amends the Public Utilities Act. Provides that the renewable energy access plan developed and adopted by the Illinois Commerce Commission shall make findings and policy recommendations based on analysis regarding the impact of converting non-powered dams to hydropower dams relative to the alternative renewable energy resources.


SB 1508, Gaming Message passed out of House Gaming 10-1-0. This bill provides that the Illinois Gaming Board shall require a licensed online sports wagering operator to, at least once every hour, display a message advising the individual of the time elapsed since logging on, advising the individual of the amount of money wagered since logging on, and including hyperlinks to websites and telephone numbers that offer gambling addiction assistance.

 

SB 1515Employment Verification passed out of House Labor & Commerce 17-9-0. This bill provides for additional rights and protections granted to an employee following the notification of a discrepancy. Provides that specified requirements apply if an employer takes any adverse action against an employee. Provides that a notification of a discrepancy may be from any federal or State agency, including, but not limited to the Social Security Administration or Internal Revenue Service.


SB 1526IDOT Mobile Application passed out of House Transportation: Regulations, Roads & Bridges 16-0-0. This bill requires the Department to develop a mobile application that provides motorists with updated traffic conditions.

 

SB 1559Insulin passed out of House Health Care Availability & Accessibility 8-0-0. This bill creates the Access to Affordable Insulin Act. In provisions concerning cost sharing in prescription insulin drugs, 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). Provides that the Department of Insurance shall offer a discount program that allows participants to purchase insulin at a discounted, post-rebate price. Sets forth provisions concerning the discount program. Changes the effective date to January 1, 2025.

 

SB 1563Microplastics passed out of House Energy & Environment 25-0-0. 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 1568, Insurance Plans passed out of House Insurance 15-0-0. This bill provides that the Department of Insurance shall collect specified information concerning disability insurance plans and limitations on mental health and substance use disorder benefits. Provides that the Department shall present its findings regarding information collected under the provisions to the General Assembly no later than April 30, 2024. Provides that information regarding a specific insurance provider's contributions to the Department's report is exempt from disclosure under a specified provision of the Freedom of Information Act.


SB 1979Cash Payments passed out of House Consumer Protection Committee 6-3-0. This bill provides that a retail mercantile establishment selling or offering to sell goods or services to the public that employs an individual to accept in-person payments at a physical location shall not: (1) refuse to accept cash as a form of payment for sales of less than $750 made at such physical location; (2) post a sign on the premises stating that cash payment is not accepted; or (3) charge a higher price to customers paying with cash compared to the price charged to customers not paying with cash. Provides for exceptions to this requirement. Provides that the provisions do not require a person to accept any bills larger than $20 bills as payment for goods or services. Preempts home rule. Provides that a violation of the provisions is a business offense and provides for fines.


SB 1997Building Regulation passed out of House Counties & Townships Committee 9-0-0. 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.


SB 2034Child Extended Bereavement-Neutral passed out of House Labor & Commerce 18-9-0. This bill provides that an employee of a large employer that employs 250 or more full-time employees is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Provides that an employee of a small employer that employs at least 50 but fewer than 250 full-time employees is entitled to use a maximum of 6 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Provides that leave may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be completed within one year after the employee notifies the employer of the loss. Permits an employer to require reasonable advance notice of the employee's intention to leave and reasonable documentation. Provides that an employee who takes leave under the Act is entitled to be restored to the position of employment held by the employee when the leave commenced or to be restored to an equivalent position. Provides that nothing in the Act shall be construed to entitle any restored employee the accrual of any seniority or employment benefits during any period of leave. Provides that the Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993 or under any other paid or unpaid leave provided under federal, State or local law, a collective bargaining agreement, or an employment benefits program or plan. Prohibits an employer from taking any adverse action against an employee who exercises his or her rights under the Act. Requires the Department of Labor to enforce the Act. Provides that a person who uses leave under either the Child Bereavement Leave Act or the Child Extended Bereavement Leave Act may not take leave under the other Act, and amends the Child Bereavement Leave Act accordingly.


SB 2192Procurement Bid Notice passed out of House State Government 9-0-0. 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 chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the chief procurement officer 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 and prior to 15 days before the next Illinois Procurement Bulletin for that type of bid. 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.


SB 2278, Truck Length-Neutral passed out of House Transportation: Regulations, Roads & Bridges 16-0-0. This bill, as amended, provides that the State or any unit of local government shall not be required to design or construct a new non-designated highway to accommodate truck tractor-semitrailer combinations. Provides that each unit of local government shall (rather than may) report to the Department of Transportation, and the Department shall post on its official website, any limitations prohibiting the operation of vehicles imposed by ordinance or resolution in the unit of local government's non-designated highway system and any non-designated highway that is not designed and constructed after January 1, 2023 to the overall length dimension of vehicles permitted under the Code.


SB 2368Building Codes passed out of House Executive 12-0-0. This bill amends the Capital Development Board Act. In provisions about occupying a newly constructed commercial building in a non-building code jurisdiction, modifies the standards by which a qualified inspector must file a certification of inspection with a municipality. Provides that, once a building permit is issued or construction begins when no building permit is needed, the code in effect on January 1 of that calendar year applies for the duration of the permit or construction. Modifies provisions limiting applicability, modifies definitions, and makes other changes. Modifies how municipalities with a population of less than 1,000,000 and all counties must identify local building codes. Provides that provisions concerning certification for inspection shall apply to a substantially improved commercial building. Provides that specified amendatory changes to the Capital Development Board Act shall apply beginning January 1, 2025.

Floor Action of Note:

 

HB 559Temporary Permit passed out of the House on concurrence by a vote of 112-0-0. 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 3479, Digital Assets passed out of the House 90-21-0. This bill creates the Digital Assets Regulation Act. Provides that the Department of Financial and Professional Regulation shall regulate digital asset business activity in the State. Sets forth provisions concerning customer protections; compliance; licensure; supervision; general restrictions and prohibitions; confidentiality; and rulemaking authority. Provides that the provisions do not apply to a credit union organized under specified laws with member share accounts insured by an insurer approved by the credit union's primary financial regulatory agency. Provides that the provisions do not apply to the exchange, transfer, or storage of a digital asset or to digital asset administration to the extent that specified law governs the activity as a contract of a sale of a commodity for future delivery or a swap. Provides that the provisions shall be construed in a manner consistent with affording the greatest protection to residents, and shall not be construed to exempt an activity solely because a financial regulatory agency has anti-fraud and anti-manipulation enforcement authority over the activity. Provides that the provisions do not apply to a credit union with member share accounts insured by an insurer approved by the credit union's primary financial regulatory agency. Provides that the Department of Financial and Professional Regulation may by rule or order clarify whether an activity is governed by specified provisions. Provides that notwithstanding any other provision, the Department, by rule or order, may conditionally or unconditionally exempt any person, digital asset, or transaction, or any class or classes of persons, digital assets, or transactions, from any provision or any rule thereunder, to the extent that the exemption is necessary or appropriate in the public interest and is consistent with the protection of residents.

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.