On one hand, my Super Bowl prediction was spot on last week. On the other, I waited until yesterday to make Valentine’s Day reservations. As a result, my wife and I will be enjoying a very romantic 4 pm dinner. You win some, you lose some…
Committee Updates
None of the transportation committees had a hearing this week, virtual or otherwise.
Other Legislative Updates
As expected, the House met in person in Springfield on Wednesday this week to pass rules allowing for virtual committee hearings. The Senate has been conducting virtual hearings on various topics since May.
Speaker of the House Emanuel "Chris" Welch anticipates remote committee hearings taking place between 8am - 6pm Monday through Friday. Readers should note that committee hearings may take place at "unusual" or new times due to the flexibility provided by remote hearings as well as logistical concerns regarding bandwidth strength. Both the House and Senate will stream legislative proceedings at the respective provided links. Both chambers will comply with the 6-day posting notice requirements and I’ll let you know of any relevant committee hearing.
Also worth noting, Governor Pritzker will give his budget address next Wednesday.
State Announces New Diversity Goal Formula
CMS released the following on Thursday. It will likely be of interest to any of you that contract with the state:
The Illinois Department of Central Management Services (CMS) Business Enterprise Program (BEP) today announced the roll out of its new formula to increase representation of diverse contractors throughout the state. The new methodology is the first change to the formula since its inception and will help ensure that diversity goals are attainable.
BEP establishes diversity contracting goals for state agencies based on the Federal Disadvantaged Business Enterprise (DBE) model. The model uses a formulaic approach to diversity goal setting.
The new formula changes make contracting goals more representative of the overall vendor pool. In the previous methodology, goals were set using the Dun & Bradstreet Hoovers database which is comprised of more than 1M vendors who may not all be interested in doing business with the State. The new methodology replaces that formula input and narrows the data source to the approximately 20,000 vendors who have registered in the State’s BidBuy e-procurement system, demonstrating that these businesses are ready and willing to bid on State contracts.
The new formula divides the number of BEP certified vendors registered with the State, under the relevant scopes of work, by the overall number of vendors registered under the relevant scopes of work to determine the percentage of BEP vendor availability (BEP Vendors / All Vendors in BidBuy). This change will increase the diversity goal percentage by using a smaller pool of vendors and increasing the contract spend with BEP certified vendors.
For example, Contract A for uniforms is worth $250,000. If the previous goal was 1%, the spend with BEP certified vendors would equal $2,510. Using the new formula, the goal could increase by 15%, resulting in a spend of $40,160 with BEP certified vendors.
Bills of Note:
HB 653 (Avelar) - Amends the Environmental Protection Act. Provides that within 180 days after the effective date of the amendatory Act, the Pollution Control Board shall adopt amendments to the rules adopted under specified provisions to require groundwater monitoring at all clean construction or demolition debris fill operations and all uncontaminated soil fill operations. Provides that the groundwater monitoring requirements adopted under specified provisions shall be designed to detect and prevent any exceedance of the Board's Class I groundwater quality standards and meet specified requirements. Provides that groundwater monitoring shall be required for all clean construction or demolition debris fill operations and all uncontaminated soil fill operations unless, before the effective date of the amendatory Act, the owner or operator has completed post-closure maintenance and, for clean construction or demolition debris fill operations, received specified notice from the Environmental Protection Agency, or, for uncontaminated soil fill operations, submitted specified information to the Agency. Effective immediately.
HB 701 (Mazzochi) - Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for dismissal of an action, with or without prejudice. This would not be applicable for a breach of contract action.
HB 813 (Gabel) - Provides that the funds transferred each month to the Grade Crossing Protection Fund may go to the maintenance of safety treatments to deter trespassing. Deletes language providing that the Illinois Commerce Commission shall not order more than $2,000,000 per year in Grade Crossing Protection Fund moneys for pedestrian walkways.
HB 837 (Mason) - Decreases the minimum mileage weight tax and flat weight tax for certain trailers.
HB 1718 (Mazzochi) – Repeals red light cameras.
HB 1755 (Friess) - Provides that the Department of Commerce and Economic Opportunity shall evaluate eligibility of special districts for State and federal programs, grants, and subsidies based on eligibility requirements set forth in their statutory charters. Amends the Kaskaskia Regional Port District Act. Provides that the Port District has power to apply for and accept grants, loans, or appropriations from the federal and State government (currently, only federal government) or any agency or instrumentality thereof, to be used for any of the purposes of the District and to enter into agreements with the federal and State government (currently, only federal government) in relation to such grants, loans or appropriations.
HB 3653 Concerns: Trespassing on Private Property Provision
I sent out the following notice in a special Government Affairs Report (GAR) a few days ago but I wanted to make sure each of you were aware. The Illinois Chamber would like to alert members regarding our concern with a provision within HB3653, the criminal justice reform legislation passed last month during the lame duck session.
Why Illinois citizens should be concerned about HB 3653
There is language in the bill that will endanger our communities and make citizens in towns and cities of every size feel less safe. For example, if this bill is signed:
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If you call the police because an unwanted person is peeking in your windows or standing in your yard or place of business and you don’t want them there for a legitimate reason, you can call the police, but the police will not be able to physically remove that person. All they can do is issue a citation (like a traffic ticket). Then, if the unwanted person still doesn’t leave and is not being threatening, the police will have no authority to arrest them or get them to “move along.” This applies to all Class B and Class C misdemeanors. Page 326.
Here at the Chamber, our ultimate concern is that businesses will no longer be able to remove trespassing individuals disruptive to operations. Whether that be our refineries, factories, financial centers, or local restaurants. It is imperative that businesses of all sizes and sectors have the ability to remove uncooperative or unwanted persons, whether they be protestors, dissatisfied customers, or politically motivated actors.
Articles of Interest
Clark
