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February 21, 2020
This Week in Illinois
Governor's Budget Address
The Governor's Budget address was on Wednesday, February 19. The Governor's proposed budget includes additional tax receipts that would result from a favorable vote on the constitutional amendment authorizing a graduated income tax.
The Governor's budget proposal includes "budgetary reserves" in the amount of $1.4 billion in event that the graduated income tax constitutional amendment is not ratified by the voters. $300 billion of that amount is for corporate income tax refunds. In other words, if the constitutional amendment is not ratified, the budget will be "balanced" by shorting the corporate income tax refund fund by $300 million during the fiscal year beginning on July 1, 2020.
Here is a
link to the Governor's budget documents.
Illinois Chamber President and CEO Todd Maisch released the following statement on Governor Pritzker's Budget Address.
"The Illinois Chamber is encouraged by the governor's budget plan, as it produces a balanced budget without increasing taxes by $3.6 billion, which would be triggered by the passage of a progressive tax scheme. By prudently holding down spending - through the $1.4 billion "hold", the administration has made it clear to Illinoisans that another ruinous tax increase is unnecessary. We also call on the governor and the legislature to enact pro-growth policies that will increase tax revenues through economic growth without increasing tax rates."
Legislative Update
The House and Senate were both back in session this week, Tuesday through Thursday.
Senate
Senator Barickman introduced's the Chamber's BIPA reform proposals below. One Senate bill to reform BIPA was also introduced by Senate President Pro Tempore, Cunningham.
- SB 3591 (Barickman) - Deletes language that a prevailing party may recover damages against a private entity that negligently violates the Act for each violation of the Act. Provides instead that a prevailing party may recover liquidated damages of $1,000 or actual damages, whichever is greater, and that such damages for a negligent violation by a private entity shall be recovered only for a single collection of each aggrieved party's biometric identifier or biometric information. This is a Chamber Initiative.
- SB 3592 (Barickman) Provides that an action brought under the Act shall be commenced within one year after the cause of action. Provides that a prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages, whichever is greater); or against a private entity that willfully (rather than intentionally or recklessly) violates the Act, actual damages plus liquidated damages up to the amount of actual damages (rather than liquidated damages of $5,000 or actual damages, whichever is greater). This is a Chamber Initiative.
-
SB 3593
(Barickman) Deletes a provision regarding a right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that all complaints shall be filed with the Department within one year from the date of the violation. This is a Chamber Initiative.
-
SB 3776
(Cunningham) - Amends the Biometric Information Privacy Act. Provides that a prevailing party may only recover liquidated damages of $1,000 or actual damages, whichever is greater, for negligent violation of the Act against a private entity offending party that is not a current or former employer of the prevailing party. Provides that a prevailing party may only recover actual damages against a private entity offending party that is the current or former employer of the prevailing party and that negligently violates the Act.
SB3677 (Fine) - has been filed. this bill
Amends the Environmental Protection Act. Provides that, beginning January 1, 2022, a store may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Directs the Environmental Protection Agency to adopt rules to implement the amendatory Act's provisions. The Chamber opposes this legislation.
SB3414
(Castro) - Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private party or other third party. Provides exceptions.
SB3380 - McClure - Has been filed. This Amends the Department of Revenue Law of the Civil Administrative Code of Illinois. Creates the Use and Occupation Tax Task Force. Provides that the Task Force shall prepare a report with suggestions for modernizing and streamlining the State's use and occupation taxes. Effective immediately.
SB3091 (Rose)-
Amends the Illinois Vehicle Code. Removes the permit requirement, from September 1 through December 31, for a vehicle transporting agricultural commodities to exceed the maximum weight, axle weight, and gross weight limits under certain circumstances. Makes conforming changes.
House
Republican Leader Durkin introduced the Chamber's BIPA reform legislation in the House.
HB5374
,
5375
are the BIPA House companion bills to
SB3592
and
SB3593
respectively. Both these bills seek to limit the monetary damages arrising from BIPA violations and mirror the Senate legislation. These bills are Chamber Initiatives.
HB4138 (Morgan) remains posted for the Revenue & Finance Committee. The bill creates a compact in which each member state agrees not to offer or provide any company-specific tax incentive or company-specific grant to any entity for a corporate headquarters as an inducement to relocate to the offering member state. The Chamber opposes this legislation.
HB4284
(
Gabel)
has been been placed on the calendar for a second reading. This legislation had passed out of the Energy & Enivronment Committee on 018-012 Partisan vote. This bill
Provides that a new or renovated nonresidential building is required to have 30% of its total parking spaces electric vehicle ready.
HB4670 (McCombie)
has been assigned to the Rules Committee. This bill increases the research and development tax credit. This is a chamber initiative.
HB 5584 (Hernandez) - Creates the Wire Transfer Tax Act. Provides that a tax of 1% of the amount transferred is imposed on each wire transfer originating from within the State. Provides that the moneys received from the tax shall be deposited into the Illinois DREAM Fund. Amends the Higher Education Student Assistance Act to make conforming changes. The Chamber Opposes this legislation.
Committees
The Senate Commerce and Economic Development Committee met on Thursday, February 20.
SB 3078
was postponed within this committee. This bill provides that a pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter. The Chamber opposes this bill. The Chamber supports a competing bill,
hb4105
, which protects animals without unduly burdening businesses.
SB2564
has been posted to the Senate Subcommittee on Special Issues.
this bill changes the maximum speed limit outside of an urban district to 60 miles per hour (instead of 55 miles per hour) on specified highways, roads, and streets.
The Senate Labor Committee was canceled for Wednesday, February 18.
SB2294 is posted to this committee. This legislation concerns employee sick-leave exemptions for airlines. The Chamber is monitoring this legislation.
The Senate Insurance Committee was canceled for Wednesday, February 18.
SB2470 is posted to this committee. This bill provides that no individual or group policy of accident and health insurance shall change an insured's eligibility or coverage during a contract period. The Chamber opposes this legislation due to the mandate on insurance providers.
The House Cybersecurity, Data Analytics, & IT Committee was canceled for Thursday, February 20.
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