|
Session Update
The House and Senate were both in Springfield this week for three days of session. Notably, the Governor's State of the State/Budget Address took place this past Wednesday, February 15th. No action of note occurred on the floor in either chamber except for resolutions, personal messages and appointment messages. While many were canceled, committee hearings took place each day.
Hundreds of bills have been filed in the last 24 hours as the introduction deadline for substantive House bills was today, February 17th while the Senate deadline was last week. View the Senate session calendar for 2023. View the House 2023 calendar.
Governor Pritzker Gives State of the State and Budget Address
As mentioned above, on Wednesday the Governor provided his 2023 State of the State and Budget Address to the Illinois General Assembly and guests in the House chambers. Provided below are the documents that were released to coincide with the speech.
Fiscal Year 2024 Operating Budget
Fiscal Year 2024 Capital Budget
Fiscal Year 2024 Budget in Brief
Chamber Response To Governor Pritzker's State of the State/Budget Address
Immediately following the closing statements of Governor Pritzker's address, the Illinois Chamber released the following message:
The State of Illinois weathered the fiscal disruption of the pandemic with a combination of federal assistance and generally prudent state budgets. While the current budget situation is good, we always have concerns about whether the budget proposals will build new permanent spending into the budget that the state will have difficulty in honoring when the inevitable economic downturns occur. Fiscal restraint when times are good will prepare the state for the bad times.
We are gratified by the Governor's continued support of incentive programs designed to promote new and existing Illinois businesses, including the data center tax incentives, drafted by the Illinois Chamber.
Bill Introductions of Note
HB 2288, Veterans/Procurement was introduced. This bill amends the Illinois Procurement Code. Provides that, as used in a provision of the Code that establishes procurement goals for veteran-owned small businesses, the term "small business" means a business that has annual gross sales of less than $150,000,000 (rather than less than $75,000,000) as evidenced by the federal income tax return of the business.
HB 2355 Flamethrower - Amends the Firearm Owners Identification Card Act. Requires a person to have a currently valid Firearm Owner's Identification Card issued in his or her own name by the Illinois State Police in order to acquire or possess a flamethrower. Exempts certain military, law enforcement, and other specified persons. Defines flamethrower. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to deliver a flamethrower to a person, incidental to a sale, without withholding delivery of the flamethrower for at least 72 hours after application for its purchase has been made.
HB 2374 Income Tax - Amends the Illinois Income Tax Act. Creates an income tax credit for each advanced practice registered nurse licensed under the Nurse Practice Act who volunteers during the taxable year to serve as a preceptor for at least one student from an approved advanced practice nursing education program in Illinois. Effective immediately
HB 2397, CDLs/Undocumented Individuals was introduced. This bill provides that the Secretary of State may issue an intrastate non-domiciled CPL or intrastate non-domiciled CDL to a foreign national who is ineligible to obtain a social security number, if the foreign national presents to the Secretary a consular card or passport from the applicant's country of citizenship along with an individual tax identification number and proof of Illinois residency. Provides that an intrastate non-domiciled CDL or CLP shall be for purposes of transport within the State. Requires the words "intrastate non-domiciled CDL" or "intrastate non-domiciled CLP" to appear on the face of the non-domiciled CDL or CLP. Requires the applicant to surrender any non-domiciled CDL, license, or permit issued by any other state. Provides that the Secretary shall adopt rules for the requirements of the issuance of a license in accordance with the provisions.
HB 2427 Amends the General Provisions Article of the Illinois Pension Code - By no later than December 31, 2023, requires every pension fund, except for a Downstate Police or Downstate Firefighter fund, to develop a climate change risk minimization policy. Provides that the policy shall consider the financial risk to the investments held by the pension fund in the event of different levels of climate change, as defined by the United Nations Framework Convention on Climate Change. Requires the policy to explain what sources of data, which must include specified sources, were used to make certain projections. Requires the policy to consider the scope of the financial risk of climate-related events. Authorizes the pension fund to determine a policy for all corporate equities held by the pension fund on voting for shareholder resolutions and directors to advance corporate policies that minimize the long-term risk to the pension fund's assets from increased climate change. Requires the policy to be updated annually and published on the pension fund's website. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
HB 2482, Public Construction Bonds was introduced. This bill provides that public construction bonds are required only for those public work construction contracts that are valued over $5,000,000. Authorizes any official, board, commission, agent of the State, or any political subdivision of the State to create a self-insured risk pool for contracts of $5,000,000 or less.
HB 2514, Firm Performance was introduced. This bill amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that the evaluation and response of a firm's performance upon completion of contract shall not be made available to any other person or firm without the consent of the evaluated firm.
HB 2609 Hospital Pricing - Creates the Hospital Price Transparency Act. Provides that, notwithstanding any other provision of law, a facility (a hospital licensed under the Hospital Licensing Act, organized under the University of Illinois Hospital Act, or licensed under the Ambulatory Surgical Treatment Center Act) must make specified information public. Requires facilities to maintain lists of standard charges and shoppable services and ensure that the lists are available at all times to the public. Contains reporting requirements. Requires the Department of Public Health to monitor each facility's compliance with the requirements of the Act and to enforce compliance with the Act. Provides that facilities that violate the Act must submit and implement a corrective action plan. Establishes the Hospital Price Transparency Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Requires administrative penalties collected under the Act to be deposited into the Fund. Provides that moneys in the Fund shall be used by the Department for expenses relating to the implementation, administration, and enforcement of the Act. Contains other provisions. Amends the University of Illinois Hospital Act. Requires the University of Illinois Hospital to comply with the Hospital Price Transparency Act. Amends the Hospital Licensing Act. Provides that any report submitted to the Department under the Hospital Price Transparency Act and any information or data contained in such a report is subject to disclosure to the public by the Department. Requires hospitals licensed under the Act to comply with the Hospital Price Transparency Act. Effective January 1, 2024.
HB 2721, Water & Sewer Utility Surcharge was introduced. This bill amends the Public Utilities Act. In provisions concerning water and sewer surcharges, removes language allowing the Illinois Commerce Commission to authorize a water or sewer utility to file a surcharge which adjusts rates and charges to provide for recovery of costs associated with an investment in qualifying infrastructure plant.
HB 3017, Business Assistance was introduced. This bill amends the Business Assistance and Regulatory Reform Act. Modifies requirements concerning the Office of Business Permits and Regulatory Assistance. Provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. This is a Chamber Initiative.
HB 3039 Mark-to-Market - Creates the Extremely High Wealth Mark-to-Market Tax Act. Provides that a resident taxpayer with net assets worth $1,000,000,000 or more on December 31 of the tax year shall recognize gains or losses as if each asset owned by that taxpayer on December 31 of the tax year had been sold for its fair market value on December 31 of the tax year but with adjustment made for taxes paid on gains in previous years. Amends the Illinois Income Tax Act to make conforming changes. Effective immediately. We are opposed to this bill.
HB 3070 Amends the Property Tax Code - In provisions concerning the long-time occupant homestead exemption, provides that for tax year 2024 and thereafter, the exemption applies to qualified taxpayers with a household income of $85,000 or less and is based on an increase of 5% for each taxable year after the base year. Removes provisions providing that a qualified taxpayer may not receive the long-time occupant homestead exemption and certain other exemptions. Provides that qualified taxpayers need not reapply for the long-time occupant homestead exemption on an annual basis. Effective immediately.
HB 3112 Tobacco Sales - Amends the Tobacco Products Tax Act of 1995. Provides that certain retailers maintaining a place of business in the State, as described in the Use Tax Act, may be considered distributors. Provides that, beginning on January 1, 2024, the tax per cigar or other rolled tobacco product shall not exceed $0.50 per cigar or roll. Provides that distributors are allowed a discount in the amount of 2% of the distributor's tax liability, but not to exceed $2,000 per return. This bill is an Illinois Chamber of Commerce Tax Institute initiative.
HB 3308 Manufacturing/Childcare Pilot Program - Creates a manufacturer child care center incentive pilot program in this State. Provides that an applicant shall follow staffing, medication, background checks, and liability insurance requirements as contained in administrative rule. Provides that the pilot program is limited to 10 sites and is available to any manufacturer who has a facility in the State. Provides that a manufacturer may apply on an individual basis or in a group of 2 or more manufacturers. Provides that a child care center must only be made available to employees of the manufacturer at no cost to the employee. Provides the application requirements for the pilot program. Provides requirements for maintaining and dispensing medications for the child care center. Provides that a child care center shall require all persons subject to background checks under administrative rule to furnish written information regarding any criminal convictions, to submit to fingerprinting, and to authorize the background checks required. Provides that the Department of Children and Family Services shall create a website and application process for the pilot program that streamlines the application process and is maintained on the Department website. Provides that an application for the pilot program shall receive priority consideration once submitted. Amends the Illinois Income Tax Act. Creates an income tax credit for each taxpayer who participates in manufacturer child care center incentive pilot program in the amount of $250 for each child enrolled in the taxpayer's child care center.
SB 1782 Child Vloggers - Upon reaching the age of majority, any individual who was a minor engaged in the work of vlogging may request the permanent deletion of any video segment including the likeness, name, or photograph of the individual from any online platform that provided compensation to the individual's parent or parents in exchange for that video content. A vlogger who features a minor child in a specified amount of the vlogger’s content shared on an online platform must set aside a specified amount of gross earnings on the video content in a trust account to be preserved for the benefit of the minor upon reaching the age of majority. Provides for the requirements of the trust account.
SB 1802 Medicare Providers - Provides that before pursuing a collection action against an insured patient for the unpaid amount of services rendered, a health care provider must review a patient's file to ensure that the patient does not have a Medicare supplement policy or any other secondary payer health insurance plan. Provides that if, after reviewing a patient's file, the health care provider finds no supplemental policy in the patient's record, the provider must then provide notice to the patient and give that patient an opportunity to address the issue.
SB 1823 Environmental Justice - Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.
SB 1887 Creates Digital Property Protection Act - Creates the Digital Property Protection and Law Enforcement Act. Provides that upon a valid request from the Attorney General or a State's Attorney, made pursuant to the substantive or procedural laws of the State, a court may order any appropriate blockchain transaction for digital property or for the execution of a smart contract. Provides that a blockchain network that processes a blockchain transaction originating in the State at any time after the effective date of the Act shall process a court-ordered blockchain transaction without the need for the private key associated with the digital property or smart contract. Provides that upon a petition by the Attorney General or a State's Attorney, the court shall assess a civil penalty of between $5,000 and $10,000 for each day that the blockchain network fails to comply with the order. Sets forth provisions concerning protection of digital property and contract rights, security interests, and service of process.
SB 1908 Creates Warehouse Worker Protection Act - Creates the Warehouse Worker Protection Act. Provides that each employer shall provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act. Provides for a private right of action.
SB 1912 Health Insurance Rate Approval - Requires the Department of Insurance shall establish the Office of the Healthcare Advocate. The Office shall be administered by the Chief Health Care Advocate, who shall report to the Director of Insurance. Amends the Illinois Insurance Code and the Health Maintenance Organization Act. All individual and small group accident and health policies written subject to certain federal standards must file rates with the Department for approval. “Unreasonable” rate increases or inadequate rates shall be modified or disapproved. The Chamber will oppose.
SB 2041 “Freelance Worker Protection Act” - Creates the Freelance Worker Protection Act. Provides that freelance workers must be compensated by hiring parties for their services in a timely manner. Provides that whenever a hiring party retains the services of a freelance worker, the contract between the hiring party and the freelance worker shall be reduced to writing and signed by both parties. Provides that no hiring party shall threaten, intimidate, discipline, harass, deny a work opportunity to, or discriminate against a freelance worker, or take any other action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under the Act
SB 2294 Healthcare and Family Services - Repeals the Health Information Exchange Act. Provides that the Act is repealed on July 1, 2023. Amends the Department of Healthcare and Family Services Law. Provides that staff employed by the Illinois Health Information Exchange Office (Office) on the effective date of the amendatory Act shall remain employed and continue their service within the Department of Healthcare and Family Services after the repeal of the Act and the dissolution of the Office.
SB 2314 Nurse Patient Limit - Creates the Safe Patient Limits Act. Provides the maximum number of patients that may be assigned to a registered nurse in specified situations. Provides that nothing shall preclude a facility from assigning fewer patients to a registered nurse than the limits provided in the Act.
SB 2329, Highway Cameras was introduced. This bill Establishes that funds from the Illinois State Tollway Highway Authority may be used for installation and maintenance of the camera systems, telecommunications costs, data storage costs, and for camera warranties. Provides that cameras shall be interoperable with the Illinois State Police current camera system. Makes other changes. Amends the Freedom of Information Act. Provides that the provision exempting images from cameras under the Expressway and Highway Camera Act are inoperative on and after July 1, 2025 (rather than 2023).
| 
