Now that was a Lame Duck Session…
My first day as a legislative staffer was Jan. 3rd 2011. For those of you around then, you’ll recall that was a monumental lame duck. Lawmakers raised taxes, passed a massive gaming bill, and abolished the death penalty. That first week, I never returned to my little apartment before 1 am and remember thinking “what did I get myself into?”.
In the past decade plus, no lame duck has approached that crazy week but late last night, as another Executive Committee was about to begin, I had a strange sense of Déjà vu.
So, What Happened (So Far) this Week?
As of lunch on Friday, lawmakers have passed a comprehensive gun control measure and reproductive health care bills in the House, judicial redistricting (or gerrymander), Unemployment Insurance Trust Fund appropriations and created a “deal closing fund” for the Governor.
Here’s a short look at a few of those:
HB 45 Judicial Redistricting passed the Senate by a vote of 39-16-0. As amended, this bill Makes changes to the Judicial Circuits Districting Act of 2022 and the Circuit Courts Act. This bill will affect Cook and McHenry County. Changes the ratio between associate and resident judges in Cook County. Passed both Chambers and Awaits Gubernatorial Signature.
HB 4412, Energy Policy passed the Senate Executive Committee by a vote of 9-5-0. Among other things, this bill provides that there shall be at least one public hearing during which public comment shall be taken regarding the application for siting approval or a special use permit for a commercial wind energy facility or commercial solar energy facility. Provides that the public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 45 days after the filing of an application for siting approval or a special use permit for a commercial wind energy facility or commercial solar energy facility. Provides that the county shall make its decision not more than 30 days after the conclusion of the public hearing.
SB 1720, "Deal Closing Fund" passed out of the House Executive Committee by a vote of 9-5-0. This bill, as amended, states that in addition to any other transfers that may be provided for by law, at a time or times during Fiscal Year 2023 as directed by the Governor, the State Comptroller shall direct and the State Treasurer shall transfer up to a total of $400,000,000 from the General Revenue Fund to the Large Business Attraction Fund.
SB 2226, Firearms passed the House by a vote of 64-43-0. Among other things, this bill makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, with exemptions, and provides penalties. Prohibits the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices, with specified exemptions, and provides penalties.
SB 2801, UI Trust Fund Debt Appropriations passed out of the House Executive Committee by a vote of 14-0-0. This bill states that the sum of $1,370,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Employment Security for payment to the Illinois Unemployment Insurance Trust Fund for repayment of all outstanding advances pursuant to Title XII of the federal Social Security Act, including prior year costs. The sum of $450,000,000 is appropriated from the General Revenue Fund to the Department of Employment Security as a loan for payment to the Illinois Unemployment Insurance Trust Fund solely for purposes of paying unemployment insurance benefits, without the accrual of interest, to be repaid pursuant to the provisions of the Unemployment Insurance Act.
Reproductive Health Care Passed One Chamber to Date
SB 1534 HA 4 (Cassidy) – This is the reproductive health care bill that passed the House and awaits action in the Senate (as of lunchtime Friday). It contains the changes recommended by the “Dobbs Working Group” of House Democrats, mainly from their more progressive wing.
The bill contains numerous provisions. Here are the highlights from the proponents. I’ve verified this information and find it to be an accurate summary of the changes:
Article 1 - Plan B Vending Machines at Colleges: Requires public colleges, community colleges, and universities to each make emergency contraception accessible for purchase in at least one vending machine on each campus at a cost no greater than $40. This is similar to HB 4247 (B. Hernandez) of the 102nd, but adds community colleges back into the bill.
Article 2 - Insurance Coverage For Abortifacients, Gender-affirming health care medications, And PEP/PrEP and Advance Provision: Requires abortifacients (i.e., medications administered to terminate a pregnancy), gender-affirming health care medications, and PEP/PrEP medication (i.e., HIV treatment) to be covered by insurers at no-cost. This applies to health insurance governed by the Accident and Health Insurance Article of the Insurance Code, State Employees Group Insurance Act of 1971, the Counties Code, the Municipal Code, the Health Maintenance Organization Act, the School Code, and the Voluntary Health Services Act. Additionally, this requires abortion care coverage to include medications prescribed for the purpose of producing an abortion without proof of pregnancy. This is effective January 1, 2024.
Article 3 - Birth Center Expansion for Reproductive Health Care: Expands access to reproductive health care by permitting birth centers in Illinois to provide full spectrum reproductive health care and sexual health care, instead of only childbirth-related needs of pregnant persons and their newborns. This is accomplished by stating that nothing in the Act prohibits birth centers from providing sexual health care and reproductive health care in accordance with applicable rules, regulations and licensing requirements.
Article 5 - Hormonal Birth Control Standing Order: Allows patients to receive hormonal birth control over the counter from a pharmacist pursuant to a standing order from the Illinois Department of Public Health (IDPH). Currently, a patient may only receive hormonal birth control from a pharmacist pursuant to a valid prescription or a standing order by a licensed physician or local health department, not IDPH. This also limits an employee of IDPH issuing a standing order from liability for merely issuing the standing order.
Article 6 - Fetal Homicide Laws: Clarifies that no person is subject to civil liability for receiving an abortion under the Wrongful Death Act, clarifies that no hospital personnel shall report an abortion to law enforcement agencies; and clarifies that the statute of limitations under the RHA is 2 years
Article 7 - Parentage Act Amendments: Amends the Parentage Act to:
1. Allow intended parents or parents to dispose of any cryopreserved fertilized ovum to be governed by the intended parent’s or parent’s most recent informed consent or under a marital settlement agreement;
2. Allow for the establishment of a parent-child relationship in the event of gestational surrogacy in the event that an intended parent dies; and
3. Clarify that a certifying physician in the event of gestational surrogacy may be licensed in the state that the transfer or insemination took place, not just in Illinois.
The statutes collectively referred to as the Illinois Parentage Act of 2015 apply to the establishment of a parent-child relationship in Illinois.
Article 8 - Clarifying that Assisted Reproduction is Protected under the Reproductive Health Ac (RHA) and Permitting Advanced Practice Clinicians To Provide Abortions: Adds “assisted reproduction” to the definition of reproductive health care in the Reproductive Health Act. “Assisted Reproduction” means a method of achieving a pregnancy through the handling of human oocytes, sperm, zygotes, or embryos for the purpose of establishing a pregnancy. Amends the RHA to allow advanced practice registered nurses and physician assistants to perform aspiration abortions that do not require general anesthesia. This language is agreed between ISMS, the Nurses Association and abortion providers.
Article 9 - Disciplinary Protections For Professional Licenses: Prevents the Department of Financial and Professional Regulation (DFPR) from taking disciplinary action against any health care professional licensed under the Division of Professional Regulation Acts governed by DFPR based solely upon the license of the professional being disciplined by any state for providing or participating in any health care that is legal in Illinois, regardless of whether it is legal in the other state. This is an expansion of HB 1464 (Hirschauer) from the 102nd which applied only protected physicians, physician assistants (PAs), nurses, and advanced practice registered nurses. This bill protects, physicians, PAs, clinical psychologists, clinical social workers and social workers, licensed marriage and family therapists, licensed certified professional midwives, registered nurses, advanced practice registered nurses, pharmacists, professional counselors and clinical professional counselors, genetic counselors, and registered surgical assistants and registered surgical technologists. Provides the department with rulemaking authority.
Article 10 - Two-Year Temporary Licenses for Out-of-State Medical Professionals: Allows the Illinois Department of Financial and Professional Regulation to grant out-of-state physicians, physicians assistants, and advanced practice registered nurses a 2-year temporary license to authorize the practice of health care in Illinois under certain circumstances. Also makes a technical change to address the consolidation of the Medical Licensing Board and the Medical Disciplinary Board into one board, the Illinois State Medical Board. The intent behind this provision is to create an expedited process for health care providers to obtain a license in Illinois on a temporary basis. This would help Illinois continue to meet the needs of Illinois residents and out-of-state patients given the increased demand for abortion care services post Dobbs. This is modeled after the IDFPR Proclamation during COVID granting temporary licensure for licensed out-of-state professionals to meet COVID demands in Illinois.
Article 11 - Protections for Patients and Providers (“Shield Laws”): Intends to protect patients, providers, and those assisting patients and providers, from aggressive litigation from states targeting abortion and other lawful health care activity intended to impact lawful health care activity in Illinois. The bill does the following:
1. Protects information about lawful health care activity in Illinois from becoming subject to subpoenas issued from other states;
2. Protects witnesses from being compelled to testify in criminal proceedings in another state in a charge related to lawful health care activity in Illinois;
3. Creates the Lawful Health Care Activity Act to prohibit state courts from applying another state’s law in Illinois cases related to lawful health care activity and prohibits courts from enforcing foreign judgments issued in connection with litigation concerning lawful health care activity; and
4. Cabins the Governor’s discretion in complying with an extradition order from another state stemming from a charge based on conduct that involves lawful health care activity.
Article 13 - Parental Notice Of Abortion Act Repeal Clean-Up: As of June 2022, the Parental Notice of Abortion Act (PNA) was repealed and minors are no longer required to notify an adult family member in order to access an abortion in Illinois. However, the bill did not strike references to PNA throughout different Illinois laws. This bill would strike references to PNA in all other Illinois laws.
HB 1534 passed the House late last night 67-41. The Senate anticipates taking this bill up when they return on Sunday.
HB 240- Healthcare Omnibus
HB 240 Senate Amendment 1 (Gillespie)- You’ll want to take a look at this one if you have not already. This bill contains numerous healthcare changes relating to such things as hospital construction, nursing home staffing ratios and reimbursement, inpatient care for those accused of criminal activity, ground ambulance services and the State’s medical assistance program, and ARPA funding for health services.
The bill passed the Senate on a largely party line vote (32-15) earlier this morning. It heads to the House.
BIPA Case Update- Walton v. Roosevelt
The Illinois Supreme Court has scheduled oral arguments for the BIPA Case, Walton v. Roosevelt for January 18th, 2023.
You may recall that the court earlier accepted the Illinois Chamber’s Amicus Brief in the BIPA case, Walton v. Roosevelt. In this case, the issue is whether the federal Labor Management Relations Act preempts BIPA. We argue that it does. You can read the full brief: HERE
We are awaiting a number of BIPA rulings from the State’s top court.
Thoughts on Next Council Meeting?
I’m looking to schedule a council meeting in the first two months of 2023. I’d love to hear of topics/speakers of interest to you. No thought too small and any input is appreciated.
