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November 8, 2019
This Week in Illinois
The legislature is set to return to Springfield next Tuesday and be in session through Thursday.
See below for updates and insights into next week.
Cannabis
This week, the Illinois Chamber reached an agreement that addresses several key issues of legislative intent the Illinois Chamber sought to be codified. The language that was agreed to clarifies several key issues for employers and protects from litigation actions taken by an employer for random drug testing, pre-employment testing and for failure of a drug test. It clears up the concern that an employer might have to prove impairment when an employee fails a drug test. An employer still will need its drug and alcohol policy to meet the standards of reasonableness and non-discrimination which means we are not totally out of the litigation woods. However, these changes provide greater clarity and protections to employers that need and want safe employees, safe workplaces and a safe public.
While we were unable to secure exemption of the medicinal marijuana law from the Privacy in the Workplace Act, we have commitments from the legislative sponsors and the Governor's Office that the issue will be dealt with next session.
We are now working to help secure votes in support of the trailer bill. No bill number has yet been identified as the vehicle for the trailer amendment. More on this next week.
Paid Sick Leave
SB 471 (
Gordon-Booth) is scheduled for the House Labor Committee on Tuesday. SB 471 requires all employers to provide paid time off to all employees. For each 40 hours worked, an employee is to receive 1 hour of paid time off up to 40 hours per year. It limits how an employer can implement the law and significantly reduces flexibility for employers as to how they design their leave and paid time off benefits.
Employers that wish to register in opposition to SB 471 can complete a witness slip in opposition to the legislation here.
Tax
The House is expected to concur to Senate Amendment 1 to
HB 3608
(Rezin). This legislation cleans up the language with respect to the manufacturing and assembly tax exemption by removing a provision that a certificate of exemption is required for each exempt transaction. The Chamber supported this legislation.
HB 3902
(Bristow) is posted for Senate Revenue next week. This legislation permanently reinstates the sales tax exemption for materials, parts, equipment, components, and furnishings incorporated into or upon an aircraft. The Chamber supported this legislation, however, the Governor has made public comments that he intends to veto the legislation.
Healthcare
HB 3888 (Mayfield) is posted for Senate Executive Committee next week. This legislation would seek to further regulate and phase out the use of ethylene oxide (ETO). The Chamber opposed this bill as it would have significant ramifications for the health care material supply chain and could result in shortages of sterilized devices and materials.
HB 3885 (Durkin) is posted for House Energy and Environment Committee next week. This legislation allows for
local control for ethylene oxide sterilization regulations. Chamber is opposed. This legislation did not advance out of committee last week after the Democrats all voted present.
SB 667 (Manar) is posted for House Committee next week. This legislation caps the amount for copay for insulin in the state. The Chamber opposes insurance mandates.
Energy
The Illinois Chamber is hearing that movement may be taking place on a trailer bill to SB 9, the coal ash legislation. At this moment the Chamber has not yet seen any language for the proposal but is monitoring the situation.
Employment Law
The Chamber is hearing that SB 1407 will not be moving this year, despite being placed back on the calendar. As you may recall, this legislation would have required all construction and maintenance work at privately owned petroleum refineries, petrochemical facilities, and ethanol facilities within the state to be exclusively performed by members of certain trade unions. The Chamber opposed this bill.
Next week, the House Appropriations Human Services Committee is holding a subject matter hearing on sub-minimum wage.
Transportation
SB 1297 (Jones) this legislation would require IDOT to study red light cameras.
SB 533 (Manar) has been approved for consideration in the Senate. This legislation would do away with daylights saving time.
Tobacco
HB 3883 (Controy) is posted for House Human Services Committee next week. This legislation Creates the Flavored Tobacco Ban Act. Prohibits the sale or distribution by an establishment of any flavored tobacco product. The Chamber is opposed.
SB 1864 (Link) is also posted for House Human Services Committee. This bill adds electronic cigarettes to the Smoke Free Illinois Act and would prohibit these devices from being used indoors.
Building Regulations
Amendment 5 has been filed to SB 659 (Willis). This amendment amends the Fire Sprinkler Contractor Licensing Act. Makes changes to a provision concerning qualifications for any person who performs certain inspection and testing duties before January 1, 2022. The Chamber is opposed to this amendment. No word on whether or not this will move next week.
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