GOVERNMENT AFFAIRS
------------Report
January 21st, 2022

This Week in Illinois
Session Update

Both the House and Senate once again canceled in-person session this week. Both chambers have canceled for next week as well. However, virtual committee hearings will continue as planned. View the House committee calendar here.

The House and Senate are slated to return on February 1st for in-person action. On February 2nd, Governor Pritzker is scheduled to deliver the combined annual State of the State and Budget Address.

The bill introduction deadline for the Senate is today, January 21st. The House bill introduction deadline is next Friday, January 28th.

Chamber Initiatives Filed:

Provided below are some of the initiatives recently filed by the Illinois Chamber.

SB 3456 Amends the Illinois Income Tax Act. Removes a provision for taxable years ending on or after December 31, 2021 and prior to December 31, 2024 limiting the net loss carryover deduction to $100,000. Effective immediately. This bill is an Illinois Chamber Tax Institute initiative.

SB 3719 has been filed by Senator Dewitte but has not been read in by the Secretary of the Senate. This bill seeks to address the critical CDL shortage by providing new tax incentives to both employers and drivers. We will have more information on this bill next week.

Similarly, SB 3782 was filed on Thursday but has not been read in yet. This bill provides a law enforcement and security exception to the State's infamous BIPA law.

You can see all of the Chamber initiatives filed so far in the 102nd General Assembly here.

Relevant Bills to Watch:

HB3125, Electric Vehicle Charging passed out of the Energy & Environment Committee by a vote of 16-7-0. This bill sets forth requirements for parking spaces that are electrical vehicle ready applicable to new or renovated residential or nonresidential buildings. Sets forth provisions concerning electric vehicle charging station policies for unit owners and renters. The Chamber opposes this bill.

HB3630, PBMs is assigned to the Prescription Drug Affordability & Accessibility Committee. This bill provides that if a generic equivalent for a brand name drug is approved by the federal Food and Drug Administration, plans that provide coverage for prescription drugs through the use of a drug formulary that are amended, delivered, issued, or renewed in the State on or after January 1, 2022 shall comply with specified requirements. Provides that the Department of Insurance may adopt rules to implement provisions concerning notice of change of drug formulary. In provisions concerning a contract between a health insurer and a pharmacy benefit manager, provides that a pharmacy benefit manager must update and publish maximum allowable cost pricing information according to specified requirements, must provide a reasonable administrative appeal procedure to allow pharmacies to challenge maximum allowable costs, and must comply with specified requirements if an appeal is denied. Sets forth provisions concerning pharmacy benefit manager contracts; specified requirements that a pharmacy benefit manager shall comply with; and specified requirements that an auditing entity shall comply with when conducting a pharmacy audit. Provides that a violation of specified provisions is an unfair method of competition and unfair and deceptive act or practice in the business of insurance. Sets forth provisions concerning applicability of the Pharmacy Benefit Managers Article of the Illinois Insurance Code, and provisions concerning fiduciary responsibility of a pharmacy benefit manager. Sets forth provisions concerning reimbursement of professional dispensing fees and acquisition costs for pharmacy providers.

HB4116 Employee Drug Testing is assigned to the Labor & Commerce Committee. This bill provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. The Chamber opposes this bill.

HB4215, Bereavement Leave passed out of the Labor & Commerce Committee by a vote of 17-10-0. 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 26 weeks of unpaid leave if the employee experiences the loss of a child, 26 years of age or younger, by suicide. 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 12 weeks of unpaid leave if the employee experiences the loss of a child, 26 years of age or younger, by suicide. Provides that leave may be taken in a single continuous period or intermittently, 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. 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.

HB4289, Eminent Domain is assigned to the House Public Utilities Committee. This bill provides that no property belonging to a public utility providing water or sewer service subject to the jurisdiction of the Illinois Commerce Commission may be taken or damaged by eminent domain without prior approval of the Illinois Commerce Commission. Excludes eminent domain actions commenced prior to the effective date of the amendatory Act. The Chamber supports this bill. 

SB3038, Government Nondisclosure Agreements was assigned to the Senate Executive Committee. This bill provides that no agreement or contract entered into by the State, any municipality, or any county, or any party negotiating on behalf of such governmental entity, for projects or economic development, including, but not limited to, tax incentives, payments in lieu of taxes, tax abatements, bonds, notes, loans, grants, or rebates, shall contain any provision, clause, or language that provides that the agreement or contract or any of its terms are confidential or that the parties to the agreement or contract are prohibited from disclosing, discussing, describing, or commenting upon the terms of the agreement or contract.

We'd like to hear your feedback on SB 3038. To express your position or other concerns please contact Clark at ckaericher@ilchamber.org
Weekly GAP Call

the Chamber will host a Government Affairs Professionals (GAP) call on Monday, January 24th at 3:00 pm. We will provide you the latest updates on what legislation we are watching this Spring. Call in information is provided below.

Please send any questions in advance to ckaericher@ilchamber.org.

Microsoft Teams meeting
Join on your computer or mobile app
Or call in (audio only)
+1 872-240-1004,,463563254#  United States, Chicago
Phone Conference ID: 463 563 254#
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.