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March 16, 2018 Update | Roger C. Marquardt & Co., Inc.

March 16, 2018 Update

The Illinois Senate adjourned session for the week after canceling Thursday’s scheduled session day. Both chambers are now on spring break. The House returns to Session on Monday, April 9th. The Senate will resume session on Tuesday, April 10th. When the General Assembly returns to session, only one week will remain to pass substantive legislation out of committee in both chambers. April 13th is the committee deadline for both chambers.
Tuesday, March 20th is the primary election. First-term Republican Governor Bruce Rauner faces a primary challenge from conservative Republican State Representative Jeanne Ives. On the Democratic side, J.B Pritzker, Senator Daniel Biss and Chris Kennedy are the top contenders vying for the Democratic Gubernatorial nomination. In the race for Attorney General, on the Democratic side, former Governor and State Treasurer Pat Quinn, State Senator Kwame Raoul and State Representative Scott Drury are all vying for the Democratic nomination to replace Attorney General Lisa Madigan who is not seeking re-election. In the General Assembly all 118 House seats and 39 of the 59 Senate seats (21 of 37 Democrats and 18 of 22 Republicans) are up for election in November. There are 6 primary contests in the Senate and 47 in the House. In the 2018 election cycle, there are 28 legislators not seeking re-election to their current office: 7 Senators and 21 Representatives. The outcome of Tuesday’s primary elections will likely shape the narrative for the remainder of the spring legislative session.
The Illinois Senate approved a series of gun control measures this week. The Illinois Senate approved legislation by a vote of 37-16-3, HB1467 (Moylan/Raoul), which bans bump stock and trigger modifications. The bill was further amended in the Senate to allow municipalities to regulate assault weapons. HB 1467 will now head back to the House for concurrence.
The Senate approved legislation by a vote of 43-15, (HB1468 Carroll/Morrison ), which increases the waiting period on assault weapon purchases. HB 1468 now heads to the Governor.
The Illinois Senate narrowly approved by a vote of 33-22-2 legislation (HB1465 Mussman/Munoz ) which bans the sale and delivery of assault weapons to persons under the age of 21. The Senate added affirmative defense language to the bill as it passed the House. HB 1465 will now head back to the House for concurrence.
The Illinois Senate approved by a vote of 38-17 another trailer bill (HB5812 Davis/Manar) to implement Public Act 100-465, the Evidence Based Funding Model passed last year. This particular trailer bill contains 19 components of change to the original public act. Opponents of the legislation argued their concern over the State Board of Education’s inability to provide complete modeling numbers prior to a vote on the legislation.
Two auto-dialing measures were filed this week in the Senate. Senator Syverson filed SJR59 which creates the Auto Dialing Task Force. Senator Syverson also filed SB 2573 (SCA 0001)which makes several changes regarding telemarking or auto dialing. The bill redefines “recorded message” to mean any artificial or recorded communication that includes or introduces an advertisement or constitutes telemarketing without live voice interaction. The bill also prohibits an autodialer from providing inaccurate caller ID information in violation of a specified federal law and regulations of the Federal Communications Commission. Under this bill, it is a violation of the Act to play a recorded message placed by an autodialer without the (i) prior express written consent of the called party or (ii) the prior express written consent of the called party if the call is made by or on behalf of a tax-exempt nonprofit organization or is a call that delivers a health care message made by, or on behalf of, a covered entity or its business associate. Finally, the bill removes provisions that permit a customer injured by a violation of the Act to bring an action for the recovery of damages, including statutory damages in the amount of $500 per violation.
Governor Rauner this week took action on legislation that recently passed the General Assembly. The Governor approved a two-bill package (SB1573 and SB1773 ) to modernize and reform the hospital assessment program and the Medicaid Managed Care program. The Governor vetoed legislation to create the gun dealer licensing act (SB1657). In his veto message, the Governor stated that “the bill creates onerous, duplicative bureaucracy that does little to improve public safety”. The Governor further stated that gun dealers are already licensed by the federal government. SB 1657 will return to the General Assembly for their consideration. The bill did not pass either chamber with a veto proof majority meaning that additional support will be necessary to successfully override the veto.
Governor Rauner appointed Susan Haling as Executive Inspector General for the Agencies of the Illinois Governor. Haling previously served as the First Assistant Inspector General.
2018 Key Session Dates:
March 20: Primary Election
April 13: Committee Deadline, both chambers
April 27: Third Reading Deadline for bills in first chamber, both chambers
May 11: Senate Committee Deadline, House Bills
May 18: House Committee Deadline, Senate Bills
May 25: Third Reading Deadline for bills in second chamber, both chambers
May 31:   Adjournment