GOVERNMENT AFFAIRS
------------Report
February 11th, 2022

This Week in Illinois
Session Update

The Senate returned to Springfield today for in-person session. Floor action was brief and limited to appointment messages and similar activities. Aside from floor action, both chambers carried out virtual hearings this week and moved a number of bills. No major bill movements occurred on the floor. 

The House and Senate are scheduled to be in Springfield next Tuesday-Friday. The deadline for substantive bills to be moved out of Senate Committees was yesterday, the 10th. The House committee deadline is next Friday, February 18th. With this being House deadline week, there is an abnormally large number of bills posted for hearings.

While there are many bills we are tracking next week, here are three bills that we would like to highlight as the Chamber provides testimony.

  • HB 4692, BIPA is schedule to be heard in the Judiciary - Civil Committee on Wednesday. This bill provides that if the biometric identifier or biometric information is collected or captured for the same repeated process, the private entity is only required to inform the subject or receive consent during the initial collection. Waives certain requirements for collecting, capturing, or otherwise obtaining a person's or a customer's biometric identifier or biometric information under certain circumstances relating to security purposes. Provides that nothing in the Act shall be construed to apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier or biometric information to a mathematical representation. Requires the Department of Labor to provide information for employers regarding the requirements of the Act on its website. Vice President of Government Affairs Clark Kaericher is scheduled to testify in support.

  • HB 4968, Punitive Damages is scheduled to be heard in the House Judiciary - Civil Committee on Wednesday morning. This bill allows for the recovery of punitive damages in a wrongful death action. President & CEO Maisch is scheduled to testify in opposition.

  • HB 5395, Manufacturer ROT Payment is scheduled to be heard in the House Transportation: Vehicles & Safety Committee on Wednesday. This bill provides that, if a manufacturer exercises a right of first refusal in order to terminate a dealership that paid at least 10% of the local retailers' occupation tax imposed by the municipality or county where the terminated dealership is located during the calendar year immediately prior to the termination, then, for a period of 20 consecutive years after the dealership is terminated, the manufacturer must pay to the municipality or county in which the terminated dealership was located an amount equal to the certified local retailers' occupation tax amount. Provides that the certified local retailers' occupation tax amount is the highest amount paid by the dealership in any of the 5 years immediately prior to the year in which the dealership was terminated. President & CEO Maisch is scheduled to testify in opposition.

View the full Senate Committee schedule here. View the full House committee schedule here. Rail report subscribers will continue to get daily updates.

Bills of Interest with Committee Action this Week:

HB 1780, Drug Takeback passed out of the House Prescription Drug Affordability & Accessibility Committee by a vote of 15-2-0. This bill provides that each covered manufacturer must, beginning January 1, 2024 (rather than no later than July 1, 2022) or 6 months after becoming a covered manufacturer, individually or collectively implement (rather than participate in) an approved drug take-back program. Requires a drug take-back program to provide for the collection, transportation, and disposal of covered drugs. Provides that specified requirements shall be undertaken by a drug take-back program or a covered manufacturer.

HB 4324, Insurance Association passed out of the Insurance Committee by a vote of 17-0-0. This bill provides that an insurance producer's active participation in a State or national professional insurance association may be approved by the Director of Insurance for up to 4 hours of continuing education credit per biennial reporting period. Provides that the hours shall be credited upon timely filing with the Director or his or her designee on a biennial basis, the credit shall not be used to satisfy ethics education requirements, and active participation in a State or national professional insurance association is defined by specified methods.

HB 4338, INS Coverage passed out of the Insurance Committee by a vote of 17-0-0. This bill provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2024 (rather than January 1, 2023) that provides coverage for prescription drugs shall provide coverage for prenatal vitamins when prescribed by a physician licensed to practice medicine in all of its branches.

HB 4433, INS Cost Sharing passed out of the Insurance Committee by a vote of 17-0-0. In provisions concerning a requirement that a health care plan shall apply any third-party payments, financial assistance, discount, product vouchers, or any other reduction in out-of-pocket expenses made by or on behalf of an insured for prescription drugs toward a covered individual's deductible, copay, cost-sharing responsibility, or out-of-pocket maximum associated with the individual's health insurance, this bill provides that if application of that requirement would result in ineligibility of a health savings account under federal law, the requirement applies to health savings account-qualified high deductible health plans with respect to the deductible of a plan after the enrollee has satisfied a specified minimum deductible, except with respect to specified items or services, in which case the requirement applies regardless of whether the minimum deductible has been satisfied.

HB 4600, One Day Rest in Seven passed out of the House Labor & Commerce Committee by a vote of 17-9-0. This bill provides that any employer who violates any of the provisions of the Act, shall be guilty of a civil offense (rather than a petty offense), and shall be subject to a civil penalty of up to $500 per offense, payable to the Department of Labor, and damages of up to $500 per offense, payable to the employee or employees affected (rather than be fined for each offense in a sum of not less than $25 nor more than $100).

SB 2984, Youth Entrepreneur passed out of the State Government Committee by a vote of 9-0-0. This bill modifies requirements concerning entrepreneurship assistance centers to include assistance to youth entrepreneurs.

SB 3096, Digital Driver's License passed out of the Senate Transportation Committee by a vote of 19-0-0. This bill provides that a person may drive a motor vehicle if in possession of a digitized driver's license. Defines "digitized driver's license". Provides that a person shall not be issued a citation for driving a motor vehicle without a physical driver's license in his or her possession if the person presents a digitized driver's license to a law enforcement officer in connection with a traffic stop or checkpoint.

SB 3600, Additional Associate Judges passed out of the Senate Executive Committee by a vote of 16-0-0. This bill provides that there shall be 3 additional associate judges appointed in the 5th circuit.

SB 3625, Design Build Sunset passed out of the State Government Committee by a vote of 9-0-0. This bill amends the Design-Build Procurement Act. Extends the repeal of the Act from July 1, 2022 to July 1, 2027. 

SB 3629, Vehicle Towing passed out of Committee by a vote of 19-0-0. This bill provides that if the owner or other legally authorized person in control of a vehicle has an agreement with the owner or owner's agent of the property from which the vehicle was nonconsensually towed permitting the vehicle to be parked on the property, and the property owner or owner's agent fails to give personal notice of the tow to the owner of the vehicle, the property owner or owner's agent shall be liable to the owner or other legally authorized person in control of the vehicle for towing charges and storage charges accrued through release of the vehicle.

SB 3683, Broadband passed out of the Senate Executive Committee by a vote of 15-0-0. This bill creates the Illinois Broadband Deployment, Equity, Access, and Affordability Act of 2022. Provides that access to affordable, reliable, high-speed broadband service is essential to full participation in modern life in the State and throughout the United States. Defines terms. Provides that the Department of Commerce and Economic Opportunity shall establish and implement a statewide broadband service grant program. Provides that the Department shall use money from the grant program only for the exclusive purpose of awarding grants to applicants for projects that are limited to the construction and deployment of broadband service into unserved areas in the State and for the Department's cost to administer the program. Provides that the Department shall not award grant money to a governmental entity or educational institution. Provides that the Department shall not, as a condition of an award of grant money, impose an open network architecture requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas. Includes provisions providing for the criteria for determining the award of funds, the information an applicant must provide for an application for a grant, the priority by which the Department shall follow in granting awards, and when the Department shall not award a grant to an applicant. Provides that when a grant is awarded, the Department shall provide notice on its website of each application receiving a grant. Provides that the Department shall require an applicant awarded a grant to submit a semi-annual report from the time the applicant receives the grant to 3 years after completion of the project. 

SB 3795, County Design Build passed out of the Local Government Committee by a vote of 8-0-0. This bill creates the County Design-Build Authorization Division in the Counties Code. Provides that a county may enter into design-build contracts. Includes scope and performance criteria for design-build contracts, a two-phase procedure for selection of contracts, requirements for submission of proposals, procedures for awarding contracts, and requirements of reports and evaluation of contracts. Provides that, if the total overall cost of a project is estimated to be less than $12,000,000, the county may combine the two-phase procedure for selection into one phase. 

SB 3894, Property Tax Passed out of the Senate Revenue committee 11-0-0 after a fairly spirited discussion on amendments. This bill limits the increase in the assessment of any commercial or residential property to 15% over the assessed value in the previous tax year and 40% in any 3-year period. Provides that the limitation shall apply in counties with 3,000,000 or more inhabitants and may apply in other counties by ordinance or resolution of the county board. Provides that, in counties with 3,000,000 or more inhabitants, whenever the chief county assessment officer of the county substantively changes the procedure by which he or she assesses properties, the chief county assessment officer shall hold a 60-day public comment period to receive input from members of the public before the change takes effect.

SB 3910, Uniform Information Cards passed out of the Senate Insurance Committee by a vote of 12-0-0. This bill provides that a uniform prescription drug information card issued by a health benefit plan shall display on the card the regulatory entity that holds authority over the plan, whether the plan is fully insured or self-insured, the issuer's National Association of Insurance Commissioners company code, any deductible applicable to the plan, any out-of-pocket maximum limitation applicable to the plan, and a toll-free telephone number and Internet website address through which the cardholder may seek consumer assistance information. Provides that a discounted health care services plan administrator shall issue to its beneficiaries a card that contains information about the regulatory entity that holds authority over the plan and whether the plan is fully insured or self-insured. A health care benefit information card or other technology containing uniform health care benefit information issued by a health benefit plan or a dental plan shall specifically identify and display on the card the regulatory entity that holds authority over the plan, whether the plan is fully insured or self-insured, the issuer's National Association of Insurance Commissioners company code, any deductible applicable to the plan, any out-of-pocket maximum limitation applicable to the plan, and a toll-free telephone number and Internet website address through which the cardholder may seek consumer assistance information.

SB 3917, Microchip Incentives passed out of the Senate Revenue Committee 11-0-0. This bill creates the Manufacturing Illinois Chips for Real Opportunity (MICRO) Program to be administered by the Department of Commerce and Economic Opportunity. Creates various tax incentives for manufacturers of semiconductors, microchips, or semiconductor or microchip component parts, subject to an agreement with the Department of Commerce and Economic Opportunity

SB 4018, Pharmacies passed out of the Senate Licensed Activities Committee by a vote of 8-0-0. This bill provides that the Pharmacy Practice Act is repealed on January 1, 2028 (instead of January 1, 2023). Provides that a registered pharmacy technician may be delegated to perform any task within the practice of pharmacy if specifically trained for that task except for final prescription verification except where a registered certified pharmacy technician verifies a prescription dispensed by another pharmacy technician using technology-assisted medication verification. Provides that if a pharmacy temporary closes for more than 72 hours, it is the duty of the pharmacist in charge and the owner of such pharmacy to report to the Department of Financial and Professional Regulation within 72 hours of temporary closure. Removes a provision that provides that exhibits shall be certified without cost. Provides that the citation the Department may issue to any licensee for any violation of the Act or the rules shall not exceed $3,000 (instead of $1,000).

Electric Vehicles Update: $5 Billion over Five Years for National EV Charging Network 

In last fall’s federal bipartisan infrastructure package, $7.5 billion was allocated for electric vehicle charging stations. Today, the USDOT Federal Highway Authority rolled out the National Electric Vehicle Infrastructure (NEVI) Formula Program. it was announced that $5 billon dollars of that total was specifically allocated for “high use corridors” that connect the country.  

In total, $615 million is being provided to the States in in the first year of the program. The formula used for the distribution is similar to other federal highway grants. To access the funds, each state has to submit an EV Infrastructure Deployment Plan. Illinois is set to receive nearly $22 million in FY 2022 and over $148 million across the next five years for electric vehicle charging. 

Provided below are some of the requirements of note: 

  • EV charging infrastructure is installed every 50 miles along the State’s portions of the Interstate Highway System within 1 travel mile of the Interstate, unless a discretionary exception has been granted 
  • EV charging infrastructure has minimum station power capability at or above 600kW and supports at least 150kW per port simultaneously across four ports for charging 
  • State may use funds provided under the NEVI Formula Program for EV charging infrastructure on any public road or in other publicly accessible locations that are open to the general public or to authorized commercial motor vehicle operators from more than one company 
  • Publicly accessible locations may include public parking facilities, parking at public buildings, public transportation stations, Park-and-Rides, public schools, public parks, private parking facilities available for public use and more. 
  • The Federal cost-share for NEVI Formula Program projects is 80 percent. Private and State funds can be used to provide the remaining cost-share. NEVI Formula Program funds can be spread further by combining them with other eligible USDOT funding for EV charging infrastructure projects if the eligibility requirements are met for both programs and the total Federal cost-share does not exceed 80 percent. 
  • Funds made available under the NEVI Formula Program may be used to contract with a private entity for acquisition, installation, and operation and maintenance of publicly accessible EV charging infrastructure and the private entity may pay the non-Federal share of the cost of a project funded. States can own or lease EV charging infrastructure in accordance with 2 CFR part 13 200. 

A competitive grant program to increase EV chagrining in rural and underserved communities will be announced later this year. 
 
Read the entire press release here. 

Read the entire FHA memo on the NEVI program here. 

Chamber President & CEO Todd Maisch and Vice President of Government Affairs Clark Kaericher met with IDOT officials last week to discuss how to maximize this funding. We are pleased with their efforts so far. We are looking to have IDOT address the Chamber on this opportunity soon.  
President & CEO Maisch Releases New Two Minute Drill

Illinois Chamber President and CEO Todd Maisch discusses four Illinois Chamber legislative initiatives proposed by our members this spring legislative session in the special edition of this week’s two minute drill.
Weekly GAP Call

The Chamber will host a Government Affairs Professionals (GAP) call on Monday, February 14th 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#
Chamber Day 2022 Registration

On March 2nd, 2022 the Illinois Chamber will host our fifth annual Chamber Day. The event will take place in-person in Springfield at the President Abraham Lincoln Hotel, A Double Tree by Hilton.

When: Wednesday, March 2, 2022 from 9:30 AM to 1:00 PM CST


Contact Information: Callie Brenden

Illinois Chamber of Commerce
217-361-6493


View the registration link for more information here.
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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.