IHLA Governmental Affairs Update
April 2018

CHICAGO CITY COUNCIL
The next City Council meeting is 5/23/18.
 
Sexual Harassment Ordinance: The Sexual Harassment Ordinance is pending before City Council as we work with Alderman Michelle Harris (8th Ward) on amended language. UNITE HERE had testified at a finance committee hearing about concerns with a pending amendment to the hotel ordinance that was supposed to clarify that panic buttons were for those attendants who clean hotel rooms and restrooms. The amendment was drafted by the City Attorney and had not been posted for a hearing. Alderman Harris had planned to meet with all parties before moving the bill and pledged that she would meet with UNITE HERE and IHLA on the final language to reach agreement. UNITE HERE had secured a copy of the amended language and claimed it was a loophole to remove the anti-retaliation language for hotel workers. Although that was not the intention of the City Attorney, Alderman Harris, or IHLA, it caused a delay in the process, and Alderman Harris pledged to continue working with both sides to reach an agreement. Alderman Harris met with UNITE HERE and was pushed by the union to add bartenders and waitresses to the ordinance. She refused and said she was not making any more changes other than what had been agreed upon. Alderman Harris told us that she may extend the deadline for panic buttons while final changes are made to the ordinance. The current deadline for hotels to start providing panic buttons to their room attendants is 7/1/18.
 
Chicago Fair Workweek Ordinance: The Chicago Fair Workweek Ordinance was introduced last summer by Alderman Scott Wageuspack (32nd Ward) and has gained traction with the election of the union backed and progressive candidates in the March primary election. We have talked to Alderman Waguespack about the ordinance, and he did not have enough support prior to the election to move it out of committee. However, now there is more interest and an effort is underway to pass the ordinance.
 
IHLA has joined a coalition with the Illinois Restaurant Association, the Illinois Retail Merchants Association, and the Chicagoland Chamber of Commerce to contest this ordinance. Other associations such as The Magnificent Mile Association are working with IHLA and supporting our efforts. We have met with a number of other aldermen, including Alderman Arena (45th Ward), Reilly (42nd Ward), O'Connor (40th Ward), Lopez (15th Ward), Laurino (39th Ward), Sawyer (6th Ward), and Tunney (44th Ward). The aldermen have told IHLA that they are receptive to revisions to the ordinance and will not support moving the measure until all the issues are reviewed in full. The main four members of our coalition are meeting regularly and working with the National Restaurant Association on next steps.
 
Fines Raised for Double Parking Downtown: Alderman Brendan Reilly (42nd Ward) passed an ordinance at the 4/18/18 City Council meeting to raise fines for double parking downtown from $100 to $300. Delivery companies are cited as the worst offenders, and Reilly said the increased fines will address the problem of illegally parked vehicles blocking bike lanes and other thoroughfares.
 
Alderman Retirement: Alderman Michael Zalewski (23rd) announced his retirement effective at the end of May, and he endorsed State Representative Silvana Tabares as his replacement. Zalewski is the chairman of the Aviation Committee, and there are a number of aldermen who are vying to replace him as chairman.
 
Airbnb Ban: Alderman Marty Quinn (13th Ward) has banned another precinct in his Ward from Airbnb. It's the 29th ban out of 48 precincts.
COOK COUNTY BOARD
The next Cook County Board meeting is 4/25/18.
 
The Cook County Board met on 3/14/18 and is scheduled to meet again on 4/25/18. The primary election was on 3/20/18 and two of our friends on the Board - Commissioners John Fritchey (12th District) and Richard Boykin (1st District) - were defeated by progressive candidates. At the same time, Cook County Board President Tony Preckwinkle was victorious in beating former Alderman Bob Fioretti, and Preckwinkle was named Chairman of the Cook County Democratic Party on 4/23/18, taking over from Cook County Assessor Joe Berrios, who stepped down after losing re-election to Fritz Kaegi. Preckwinkle becomes the first African American and first woman to be Chairman. She has said this term will be her last as president. She will be 75 at the end of her third term.
ILLINOIS GENERAL ASSEMBLY

HIGHLIGHTS

 

Mandated training on human trafficking for hotel employees has been dropped for now, the Fair Scheduling Act is being held in committee.

 

4/13/18 was the last day to report substantive (non-appropriation) bills out of the chamber of origin (House bills out of House Committee, Senate bills out of Senate Committee). 4/27/18 is the last day for substantive bills to be voted out on the floor of the chamber or origin. Only the Senate is in session the week of 4/30/18 - 5/4/18.

 

LEGISLATION

 

HB 4247 | CONVENTION SPACE APPROPRIATION

IHLA amended tourism expenditures out of legislation

House Sponsors: Representative David McSweeney, Sam Yingling, Allen Skillicorn, Grant Wehrli, Jonathan Carroll, Martin J. Moylan, John Connor, Katie Stuart, Deb Conroy, Sue Scherer, Monica Bristow, Natalie Phelps Finnie, Jerry Costello II

 

Amends the State Finance Act. Provides that, for contracts entered into on or after the effective date of the amendatory Act, State appropriations may not be expended to rent or pay for access to physical space for booths, hospitality suites, or other physical space for units of local government, school districts, community college districts, or other taxing bodies at a convention or gathering of personnel. Excludes appropriations for physical space expenditures at any convention or gathering of public safety personnel. Effective immediately.

 

House Committee Amendment No. 2: Replaces everything after the enacting clause. Provides that a State agency shall not expend public funds to rent or pay for access to physical space for booths, hospitality suites, or other physical space at a convention or gathering of personnel. Provides that those provisions do not apply to public funds expended under a contract entered into before the effective date of the amendatory Act or to public funds expended for physical space at any convention or gathering of public safety personnel. Defines "State agency" as the departments of the executive branch of State government listed in Section 5-15 of the Departments of State Government Law of the Civil Administrative Code of Illinois. Effective immediately.

 

Date: 3/8/18

Chamber: House

Action: Placed on Calendar 2nd Reading - Short Debate

 

HB 4324 | WAGE LIEN ACT - IHLA Opposes
House Sponsors: Representative Emanuel Chris Welch, William Davis, Juliana Stratton, Elizabeth Hernandez, Mary E. Flowers, Theresa Mah, Lawrence Walsh Jr., Gregory Harris, Kelly M. Cassidy, Carol Ammons, Rita Mayfield, Jay Hoffman, Christian L. Mitchell, Barbara Flynn Currie, Lou Lang, Melissa Conyears-Ervin, Kathleen Willis, Will Guzzardi, Jaime M. Andrade Jr., Stephanie A. Kifowit, Ann M. Williams, Laura Fine, Michael Halpin, Litesa E. Wallace, Sonya M. Harper, Robert Martwick, Martin J. Moylan, Linda Chapa LaVia, Luis Arroyo, Marcus C. Evans Jr., Jonathan Carroll, Natalie A. Manley, Sara Feigenholtz, Daniel J. Burke, Silvana Tabares, Sam Yingling


Creates the Wage Lien Act. Provides that a lien exists on an employer's property for the amount of unpaid wages owed to an employee. Defines terms and includes provisions concerning creation of the lien; exemptions; notice; limitations; recording of the lien; enforcement; other claims on the employer's property; successor obligations; and construction.

 

State Mandates Fiscal Note (Department of Commerce & Economic Opportunity): This bill does not create a State mandate.

 

Fiscal Note (Department of Labor): The Department of Labor currently lacks expertise in the filing and enforcement of liens. With passage of this bill, the Department will need to add a minimum of three full-time staff to devise and implement new lien procedures, research, file, and process the liens. Also, two additional attorneys, preferably with lien recovery experience, are needed to review for enforcement sufficiency and to represent the Department at hearings. Additionally, two administrative law judges with lien recovery and or Uniform Commercial Code expertise would also be needed to handle the increase in administrative hearings. Administrative costs include postage, filing fees, office supplies, and new employee IT equipment and licensing. Currently, according to the Cook County Recorder of Deeds, recording costs for liens range from $25.00 to $32.00. The Department estimates that if we had this additional staff, the number of liens that we could theoretically record would be around 1,000 to 1,500 per year. Fiscal Impact = $1,038,336 (7 Headcount = $972,336; Administrative Costs = $66,000).

 

State Mandates Fiscal Note (Department of Commerce & Economic Opportunity): Does not create a State Mandate.


Date: 3/1/18

Chamber: House

Action: Placed on Calendar 2nd Reading - Standard Debate

 

HB 4698 | FOOD ALLERGIES-FOOD SERVICE
House Sponsor: Representative Jonathan Carroll


Amends the Food Handling Regulation Enforcement Act. Provides that the Department of Public Health shall establish a food allergy awareness program that requires each food service establishment in the State to either: (1) display, in a prominent location accessible by the food service establishment's consumers, a poster that concerns food allergy awareness and is approved by the Department, or (2) make available, upon request, a comprehensive list of the foods that the food service establishment serves and a list of the allergens contained within the foods that includes information on the risk of cross-contamination for the foods. Provides that a food service establishment that makes available a comprehensive list shall update it as is necessary. Provides that the Department shall maintain a website that lists the food service establishments that have violated these provisions and the number of violations for each food service establishment. Provides that the Department shall adopt any rules necessary to enforce these provisions.

 

Date: 2/13/2018

Chamber: House

Action: Referred to Rules Committee

 

HB 4703 | HISTORIC PRESERVATION CREDIT
House Sponsor: Representative Michael Halpin


Creates the Historic Preservation Tax Credit Supplemental Pilot Program Act. Provides that an income tax credit is granted to an eligible taxpayer who makes expenditures pursuant to a qualified rehabilitation plan for the rehabilitation of a historic structure located in Rock Island County. Provides that the credit is available for taxable years beginning on or after 1/1/19 and ending on or before December 31, 2029. Provides that the credit is equal to 25% of the amount of the eligible expenditure. Contains provisions concerning eligible expenditures. Provides that eligible taxpayers must apply with the Department of Commerce and Economic Opportunity within 6 months after the effective date of the Act. Provides that the credit may be carried forward for up to 10 years and may be carried back for up to 3 years. Amends the Illinois Income Tax Act to make conforming changes. Effective immediately.

 

Date: 4/13/18

Chamber: House

Action: Rule 19(a) / Re-referred to Rules Committee

 

HB 4757 | FINANCE-TOURISM PROMOTION - IHLA Supports

House Sponsors: Representative Ann M. Williams, Tim Butler, Fred Crespo, Sara Feigenholtz, Barbara Wheeler, Michelle Mussman


Amends the Illinois Promotion Act. Provides that moneys that are required to be deposited into the Tourism Promotion Fund from the proceeds of the tax imposed under the Hotel Operators' Occupation Tax Act shall be deposited directly into the Tourism Promotion Fund. Provides that, if the available proceeds from the Hotel Operators' Occupation Tax Act after certain other deposits have been made is less than the amount required to be deposited into the Tourism Promotion Fund, then the amount of the deficiency shall be transferred from the General Revenue Fund to the Tourism Promotion Fund in the next calendar month. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Makes changes concerning grants from the Local Tourism Fund. Effective immediately.

House Committee Amendment No. 1: Replaces everything after the enacting clause. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. With regard to a grant program for local tourism and convention bureaus, removes a provision providing that the Department of Commerce and Economic Opportunity may reserve up to 10% of total local tourism funds available for costs of administering the program to conduct audits of grants, to provide incentive funds to those bureaus that will conduct promotional activities designed to further the Department's statewide advertising campaign, to fund special statewide promotional activities, and to fund promotional activities that support an increased use of the State's parks or historic sites. Effective immediately.

 

Date: 4/13/2018

Chamber: House

Action: Placed on Calendar Order of 3rd Reading - Short Debate

 

HB 4864 | FOOD PROTECTION MANAGER CERT
House Sponsor: Representative Kelly M. Burke


Amends the Food Handling Regulation Enforcement Act. Removes the requirement for each food service establishment to be under the operational supervision of a certified food service sanitation manager. Changes references from "certified food service sanitation manager" to "certified food protection manager" and makes related changes. Removes provisions requiring the Department of Public Health to be involved in the certification process. Amends the State Officers and Employees Money Disposition Act and Compassionate Use of Medical Cannabis Pilot Program Act to make corresponding changes. Makes other changes.

Date: 4/13/2018

Chamber: House

Action: Rule 19(a) / Re-referred to Rules Committee

 

HB 4987 | LIQUOR-CRAFT DISTILLERS
House Sponsors: Representative Michael J. Zalewski-Brian W. Stewart, Margo McDermed, Ryan Spain


Amends the Liquor Control Act of 1934. Provides that a craft distiller license shall allow the sale and offering for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor. Provides that a craft distiller may sell up to 5,000 gallons (rather than 2,500 gallons) of spirits to non-licensees to the extent permitted by an exemption approved by the Illinois Liquor Control Commission pursuant to a specified provision. Makes a conforming change. Provides that a craft distiller tasting permit allows a craft distiller to sell and offer for sale at retail, but not for resale in any form, up to 5,000 gallons of the alcoholic liquor transferred from the craft distiller's premises to the extent approved by the State Commission pursuant to a specified provision.

Date: 3/8/2018 

Chamber: House

Action: Placed on Calendar 2nd Reading - Short Debate

 

HB 4990 | TOURISM PROMOTION-GRANTS - IHLA Supports
House Sponsors: Representative Fred Crespo, Carol Ammons


Amends the Illinois Promotion Act. Provides that grants from the Tourism Promotion Fund awarded to a unit of local government, municipal convention center, or convention center authority may be made by the Department of Commerce and Economic Opportunity from appropriations for those purposes for any fiscal year, without regard to the fact that the qualification or obligation may have occurred in a prior fiscal year. Provides that the Department of Commerce and Economic Opportunity shall submit a report on the effectiveness of the program no later than 1/1/22 (currently 1/1/20). Effective immediately.

House Committee Amendment No. 1: Further amends the Illinois Promotion Act to provide that the Department of Commerce and Economic Opportunity may make grants from the Tourism Promotion Fund until 7/1/22 (currently 7/1/20). Makes corresponding changes concerning certifications by units of local government, municipal convention centers, and convention center authorities.

House Floor Amendment No. 2: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, and further amends the Illinois Promotion Act to provide that the Department of Commerce and Economic Opportunity may make grants from the Tourism Promotion Fund until 7/1/22 (currently 7/1/20). Provides that a report by the Department of Commerce and Economic Opportunity concerning convention center and sports facility grants must be provided electronically. Effective immediately.

Date: 4/19/2018

Chamber: House

Action: Third Reading - Short Debate - Passed 094-014-000

 

HB 5011 | FOOD SERVICE SANITATION CERT
House Sponsor: Representative Ryan Spain


Amends the Food Handling Regulation Enforcement Act. Provides that a food service sanitation manager certificate issued by the Department of Public Health under provisions concerning food service sanitation manager certification before 1/1/18 is valid until the expiration date stated on the certificate. Effective 1/1/18.

Date: 4/19/2018

Chamber: House

Action: Third Reading - Short Debate - Passed 111-000-000

 

HB 5046 | FAIR SCHEDULING ACT

Held in House Committee, substance filed in Senate as an amendment to SB202
House Sponsors: Representative Emanuel Chris Welch, Kelly M. Cassidy, Litesa E. Wallace, Silvana Tabares


Creates the Fair Scheduling Act. Requires employers to provide work schedules to employees at least 72 hours before the start of the first shift of the work schedule. Provides for reporting pay when an employee's work shift is canceled or reduced within 72 of the beginning of the shift. Prohibits retaliation by employers when employees seek to enforce rights under the Act. Authorizes private actions for damages. Provides for administration and enforcement by the Department of Labor. Provides for monetary penalties. Amends the State Finance Act to create the Fair Scheduling Act Enforcement Fund, a special fund in the State treasury. Sets forth the uses of moneys in the Fund. Effective immediately.

Date: 4/13/2018

Chamber: House

Action: Rule 19(a) / Re-referred to Rules Committee

 

HB 5381

Governor's introduced FY2019 budget, includes tourism appropriations
House Sponsor: Representative Jim Durkin


Makes appropriations for the ordinary and contingent expenses of the Metropolitan Pier and Exposition Authority for the fiscal year beginning 7/1/18, as follows: Other State Funds $207,992,300.


Date: 2/16/2018

Chamber: House

Action: Referred to Rules Committee

 

HB 5412 | $FY19 DCEO OCE

Governor's introduced FY2019 budget, includes tourism appropriations
House Sponsor: Representative Jim Durkin


Makes appropriations for the ordinary and contingent expenses of the Department of Commerce and Economic Opportunity for the fiscal year beginning 7/1/18, as follows: General Funds $28,542,300; Other State Funds $306,294,800; Federal Funds $985,959,200; Total $1,320,796,300.

 

Date: 2/16/2018

Chamber: House

Action: Referred to Rules Committee

 

HB 5774 | HUMAN TRAFFICKING TRAINING - Sponsor agreed to hold bill
House Sponsors: Representative Katie Stuart, Jay Hoffman, Natalie A. Manley, Lawrence Walsh Jr., Michael J. Madigan, John C. D'Amico, Stephanie A. Kifowit, Jonathan Carroll, Carol Ammons


Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Requires the training program to be developed by 1/1/19 and training by hotels and motels to begin by 6/1/19. Effective immediately.

 

Date: 4/11/2018

Chamber: House

Action: Placed on Calendar 2nd Reading - Short Debate

 

SB 202 | EMPLOYMENT-TECH

Fair Scheduling Act (HB5046) is pending amendment
Senate Sponsor: Senator Cristina Castro

Amends the Right to Privacy in the Workplace Act. Makes a technical change in a Section concerning prohibited inquiries.

 

Date: 4/18/2018

Chamber: Senate  

Action: Placed on Calendar Order of 3rd Reading 4/19/18

SB 2483 | HOTEL OCCUPATION & USE REVENUE - IHLA Opposes
Senate Sponsor: Senator Thomas Cullerton 

House Sponsor: Representative David S. Olsen

Amends the Illinois Municipal Code. Provides that not less than 75% of the amounts collected by a municipality within DuPage County pursuant to the municipal hotel operators' occupation tax and municipal hotel use tax shall be used to promote tourism within that municipality. Provides that the remainder of the amounts collected may be used by the municipality for economic development or capital infrastructure. Provides for a repeal date of 12/31/19.

Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change: provides that the new provisions apply to a municipality in DuPage County that belongs to a not-for-profit organization headquartered in DuPage County that is recognized by the Department of Commerce and Economic Opportunity as a certified local tourism and convention bureau entitled to receive State tourism grant funds.

 

Date: 4/20/2018

Chamber: House

Action: Referred to Rules Committee

 

SB 2528 | FINANCE-TOURISM PROMOTION - IHLA Supports
Senate Sponsors
: Senator Laura M. Murphy, Cristina Castro, Dave Syverson 

House Sponsor: Representative Scott Drury

Amends the Illinois Promotion Act. Removes a sunset date from provisions concerning grants from the Tourism Promotion Fund. Effective immediately.

Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Amends the Illinois Promotion Act. Provides that grants from the Tourism Promotion Fund awarded to a unit of local government, municipal convention center, or convention center authority may be made by the Department of Commerce and Economic Opportunity from appropriations for those purposes for any fiscal year, without regard to the fact that the qualification or obligation may have occurred in a prior fiscal year. Provides that the Department of Commerce and Economic Opportunity may make grants from the Tourism Promotion Fund until 7/1/22 (currently 7/1/20). Provides that the Department of Commerce and Economic Opportunity shall submit a report on the effectiveness of the program no later than 7/1/22 (currently 1/1/20). Effective immediately.

 

Date: 4/17/2018

Chamber: House

Action: Referred to Rules Committee

 

SB 2869 | REHABILITATION TAX CREDIT
Senate Sponsors: Senator Pamela J. Althoff, Andy Manar

Creates the Illinois Rehabilitation and Revitalization Tax Credit Act. Creates a credit against taxes imposed under the Illinois Income Tax Act and the Illinois Insurance Code in an aggregate amount equal to 20% of qualified expenditures incurred by a qualified taxpayer pursuant to a qualified rehabilitation plan on a qualified structure, provided that the total amount of such qualified expenditures exceeds the greater of $5,000 or the adjusted basis of the property. Contains provisions concerning the transfer of credits. Sets forth the maximum annual amount of credits that may be approved by the Department of Commerce and Economic Opportunity. Amends the Illinois Income Tax Act and the Illinois Insurance Code to make conforming changes. Effective 1/1/19.

 

Date: 2/21/2018

Chamber: Senate

Action: Assigned to Revenue

 

SB 2899 | FINANCE-TOURISM PROMOTION - IHLA Supports
Senate Sponsors: Senator Scott M. Bennett, Linda Holmes, Cristina Castro, Patricia Van Pelt

Amends the Illinois Promotion Act. Provides that moneys that are required to be deposited into the Tourism Promotion Fund from the proceeds of the tax imposed under the Hotel Operators' Occupation Tax Act shall be deposited directly into the Tourism Promotion Fund. Provides that, if the available proceeds from the Hotel Operators' Occupation Tax Act after certain other deposits have been made is less than the amount required to be deposited into the Tourism Promotion Fund, then the amount of the deficiency shall be transferred from the General Revenue Fund to the Tourism Promotion Fund in the next calendar month. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Makes changes concerning grants from the Local Tourism Fund. Effective immediately.

Senate Committee Amendment No. 2: Replaces everything after the enacting clause. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. With regard to a grant program for local tourism and convention bureaus, removes a provision providing that the Department of Commerce and Economic Opportunity may reserve up to 10% of total local tourism funds available for costs of administering the program to conduct audits of grants, to provide incentive funds to those bureaus that will conduct promotional activities designed to further the Department's statewide advertising campaign, to fund special statewide promotional activities, and to fund promotional activities that support an increased use of the State's parks or historic sites. Effective immediately.

 

Date: 4/12/2018

Chamber: Senate

Action: Placed on Calendar Order of 2nd Reading 4/17/18

 

SB 3053 | BIOMETRIC INFO PRIVACY-EXEMPT - IHLA Supports

Senate Sponsors: Senator Bill Cunningham, Chris Nybo, Napoleon Harris III

Committee Hearing: Telecommunications and Information Technology Hearing: 4/26/18


Amends the Biometric Information Privacy Act. Provides that nothing in the Act shall be deemed to apply to a private entity collecting, storing, or transmitting biometric information if: (i) the biometric information is used exclusively for employment, human resources, fraud prevention, or security purposes; (ii) the private entity does not sell, lease, trade, or similarly profit from the biometric identifier or biometric information collected; or (iii) the private entity stores, transmits, and protects the biometric identifiers and biometric information in a manner that is the same as or more protective than the manner in which the private entity stores, transmits, and protects other confidential and sensitive information.

 

Date: 4/12/2018

Chamber: Senate

Action: Postponed - Telecommunications and Information Technology 
 

SB 3316 | $FY19 DCEO OCE

Governor's introduced FY2019 budget, includes tourism appropriations
Senate Sponsor: Senator William E. Brady

Makes appropriations for the ordinary and contingent expenses of the Department of Commerce and Economic Opportunity for the fiscal year beginning 7/1/18, as follows: General Funds $28,542,300; Other State Funds $306,294,800; Federal Funds $985,959,200; Total $1,320,796,300.

 

Date: 2/16/2018

Chamber: Senate

Action: Referred to Assignments

 

SB 3359 | $FY19 MPEA OCE

Governor's introduced FY2019 budget, includes tourism appropriations
Senate Sponsor: Senator William E. Brady

Makes appropriations for the ordinary and contingent expenses of the Metropolitan Pier and Exposition Authority for the fiscal year beginning 7/1/18, as follows: Other State Funds $207,992,300.

 

Date: 2/16/2018

Chamber: Senate

Action: Referred to Assignments

 Illinois Hotel & Lodging Association
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