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News | Roger C. Marquardt & Co., Inc.

October 18, 2019 Update

Governor’s Highlights: 

Gov. Pritzker announced his support for legislation filed by Sen. Manar, SB667 , which caps insulin costs. The bill would limit a patient’s out-of-pocket costs to $100 for a 30-day supply. The legislation is filed as an amendment to SB 667 and has not been adopted. It is unknown if Manar will pursue SB 667 or file the language on another bill.
Six more “Same Site” adult use cannabis licenses have been granted. The licenses will allow an existing medical cannabis dispensary to obtain an adult use dispensing license and permit the dispensary to begin adult use cannabis sales at that location starting January 1, 2020, provided the dispensary complies with local zoning rules or other local laws. A total of 11 same site licenses have now been issued.
The medical dispensaries who this week received early approval adult use licenses are:
Phoenix Botanical Dispensary
1704 S. Neil St. C
Champaign, IL 61820
MedMar
2696 McFarland Rd.
Rockford, IL 61107
MedMar
3812 N. Clark St.
Chicago, IL 60613
PDI Medical Dispensary
1623 Barclay Blvd.
Buffalo Grove, IL 60089
FloraMedex
7955 W. Grand Ave.
Elmwood Park, IL 60707
Mapleglen Care Center
4777 Stenstrom Rd.
Rockford, IL 61109 

101st General Assembly:
The fall veto session agenda is starting to take shape. Chicago Mayor Lori Lightfoot this week announced she wants the Illinois General Assembly to address changes to the gaming law passed this spring and create a transfer tax. Specifically, Lightfoot wants to reduce the effective tax rate on a Chicago casino to 45 percent, have the city and state jointly own the license and authorize a graduated transfer tax that would apply to commercial real estate sales. 
Changes to ethylene oxide regulations, clean-up to recreational cannabis, possible restrictions to vaping products, and Pritzker’s pension consolidation are also on the radar for the Fall Veto Session.
House Rules is meeting Monday, October 21st to discharge legislation for consideration during the veto session.
Rep. Skillicorn filed legislation HB3919 to create a Tier 3 pension plan. Heads to House Rules.
Sen. Sandoval stepped down as the Chairman of the Senate Transportation Committee. His replacement has not been named.
Coming Up:
Senate Special Committee on Opioid Crisis Abatement will hold a hearing on Oct. 21st at 2:00 PM in room 400 of the Capitol to discuss the Department of Public Health’s State of Illinois Opioid Action Plan (SOAP) Implementation Report.
House Appropriations-Elementary & Secondary Education Committee will hold a subject matter hearing on October 22nd at 10:00 AM at the Bilandic Building in Chicago to discuss HB3917 (Buckner). HB 3917 amends the evidence-based funding provisions of the School Code. Provides that funds received by the Chicago school district for low-income, English learner, and special education resources must be distributed to every school of the district in the appropriate amount specified under the Essential Elements component of the funding formula.
House Elementary & Secondary Education: School Curriculum & Policies Committee will hold a hearing on Oct 25th at 11:00 AM at the Bilandic Building in Chicago to discuss CPS’ special education policy. Note the date change.
Fall Veto session dates: October 28th – 30th and November 12th – 14th.

October 5, 2019 Update

GOVERNOR’S HIGHLIGHTS:
Maps were released this week that designate which parts of the state qualify as “disproportionately impacted areas” for social equity applicants under the new recreational cannabis law. 683 Census tracts make up the disproportionately impacted areas. View the map here.
To qualify as a social equity applicant, the statute requires Illinois residency and one of the following criteria:

  • At least 51% ownership and control by one or more individuals who have resided at least 5 of the preceding 10 years in a disproportionately impacted area;
  • At least 51% ownership and control by one or more individuals (or family member of an individual) who have been arrested for, convicted of, or adjudicated delinquent for an offense that is eligible for cannabis expungement; or
  • Applicants with minimum of 10 full-time employees, at least 51% of employees who:
    • Currently reside in a disproportionately impacted area; or
    • Have been arrested for, convicted of, or adjudicated delinquent for an offense that is eligible for cannabis expungement, or is a member of an impacted family.

Timeline for Conditional Adult Use Dispensing Organization License:
* The Illinois Department of Financial and Professional Regulation posted the application on October 1, 2019. Applications are available on the Department’s website.
* IDFPR will provide two separate periods for applicants to submit questions to the agency.
* IDFPR will begin accepting applications on December 10, 2019.
* IDFPR will stop accepting applications at noon on January 2, 2020.
* IDFPR will issue up to 75 licenses by May 1, 2020.
Gov. Pritzker appointed the following:

  • Julieta LaMalfa will serve on the Illinois Liquor Control Commission.
  • Aaron Anderson will serve on the Illinois Workers’ Compensation Advisory Board.
  • J. Steven Beckett will serve as the Abraham Lincoln Historian on the Abraham Lincoln Presidential Library and Museum Board of Trustees.
  • Jessica Harris will serve on the Abraham Lincoln Presidential Library and Museum Board of Trustees.
  • Jason Lesniewicz will serve as a Cultural Tourism Expert on the Abraham Lincoln Presidential Library and Museum Board of Trustees.
  • Dan Monroe will serve as the Illinois Historian on the Abraham Lincoln Presidential Library and Museum Board of Trustees.
  • Martin Sandoval, C.P.A., will serve as a Business Administration Expert on the Abraham Lincoln Presidential Library and Museum Board of Trustees. 
  • Melinda Spitzer-Johnston will serve as a Digitization, Conservation and Historic Preservation Expert on the Abraham Lincoln Presidential Library and Museum Board of Trustees.

The Illinois Department of Healthcare and Family Services and the Department of Children and Family Services announced that they will delay the transition of Illinois’ foster care children into a new Medicaid managed care system. The transition scheduled for November 1, 2020 is now delayed until February 1, 2020.
The Illinois Department of Human Services expanded eligibility for the Child Care Assistance Program effective October 1st. Families with income of 200% of the Federal Poverty Level or lower will now be able to receive child care assistance, previously only families with income up to 185% FPL were eligible. In addition, the program also now allows families whose income increases up to 225% FPL to remain in the program if they previously qualified at 200% FPL or lower.


GENERAL ASSEMBLY HIGHLIGHTS:
Rep. Edly-Allen filed legislation, HB3903, to ban electronic cigarettes except by pharmacies or drugstores to individuals with valid prescriptions. Heads to House Rules.
Rep. Welch filed legislation, HB3094 , which creates the Student Athlete Endorsement Act. It prohibits an institution of higher learning from upholding any rule or other limitation that prevents a student athlete of that institution from earning compensation. Heads to House Rules.   A similar California law was signed this week.
COMING UP:
House Energy & Environment Committee will hold a hearing on Oct. 10th at 10:30 AM at the Bilandic Building in Chicago to discuss an update on ethylene oxide emitting facilities.House Elementary & Secondary Education: School Curriculum & Policies Committee will hold a hearing on Oct 25th at 11:00 AM at the Bilandic Building in Chicago to discuss CPS’ special education policy. Note the date change.Fall Veto session dates: October 28th – 30th and November 12th – 14th.

September 28, 2019 Update

GOVERNOR’S HIGHLIGHTS:
Gov. JB Pritzker and IDPH Director Dr. Ngozi Ezike are urging members of the public not to use e-cigarettes or vaping devices. The Governor also directed IDPH to convene an interagency work group of state agency leaders, including scientists, physicians, and attorneys to evaluate the health impacts of vaping and to identify appropriate industry controls.
In addition, IDPH is conducting a survey to try to understand if vaping habits are different among people who have become sick after vaping, compared to those who have not become sick. It is an anonymous survey that asks basic questions about the individual’s vaping habits.
Governor JB Pritzker announced $4.2 million in funding for Small Business Development Centers throughout Illinois. The funding is available to universities, community colleges and business focused non-profit organizations to provide small businesses with support services through the operation of a Small Business Development Center. The deadline to apply for funding is October 25 at 5 p.m. Applicants are eligible to receive between $80,000 and $500,000 in funding. The application process is competitive and not all organizations will receive funding.
Governor JB Pritzker has appointed two co-chairs and 25 members to the Affirming and Inclusive Schools Task Force, which the governor created through Executive Order 19-11. The group is tasked with identifying strategies and best practices for ensuring welcoming, safe, supportive and inclusive school environments for transgender, nonbinary and gender nonconforming students and promoting cooperation and collaboration between relevant stakeholders and the state.
The Illinois Department of Commerce and Economic Opportunity announced that seniors and people with disabilities can begin applying for winter heating assistance on October 1st through the Home Energy Assistance Program. Applicants will be served on a first-come, first-served basis until funding is exhausted.
Gov. Pritzker made the following appointments:

  • Ray LaHood will serve as Chairman of the Abraham Lincoln Presidential Library and Museum Board of Directors 
  • Joan Brodsky will serve as the Historic Preservation Expert on the Abraham Lincoln Presidential Library and Museum Board of Directors
  • Kathryn Harris will serve as a Library and Museum Expert on the Abraham Lincoln Presidential Library and Museum Board of Directors 
  • Gary Johnson will serve on the Abraham Lincoln Presidential Library and Museum Board of Directors 
  • Eunice Santos will serve on the Abraham Lincoln Presidential Library and Museum Board of Directors
  • Kathryn Doerries will serve as Commissioner on the Illinois Workers’ Compensation Commission.
  • Mitchell Horwitz will serve on the Illinois Workers’ Compensation Advisory Board.
  • Rob Karr will serve on the Illinois Workers’ Compensation Advisory Board.

101st GENERAL ASSEMBLY:
Leader Durkin appointed the following Republicans to the House Firearm Public Awareness Task Force: Reps. Bourne, Bennett, Bryant, Butler, Chesney, Davidsmeyer, Hammond, McDermed, Severin, Wheeler, Wilhour and Windhorst.
Democratic Sen. Pat McGuire announced he will not seek re-election. He intends to serve out the remainder of his current term. Rep. John Connor announced he will run for McGuire’s vacant Senate seat. Deputy Majority Leader Art Turner also announced he will not seek re-election in 2020.
Sen. Toi Hutchinson announced she is resigning her Senate seat to oversee implementation of the new cannabis legalization law. Hutchinson will oversee the activities of five state agencies: Agriculture, Public Health, Revenue, DCEO and the Illinois Department of Financial and Professional Regulation.
Rep. Ryan Spain was appointed to the post of House Republican Conference Chairman, joining Durkin’s leadership team. Spain replaces Rep. Tim Butler who was appointed Assistant Republican Leader to replace Mike McAuliffe who resigned.
COMING UP:
House Energy & Environment Committee will hold a hearing on Oct. 10th at 10:30 AM at the Bilandic Building in Chicago to discuss an update on ethylene oxide emitting facilities.
House Elementary & Secondary Education: School Curriculum & Policies Committee will hold a hearing on Oct 25th at 11:00 AM at the Bilandic Building in Chicago to discuss CPS’ special education policy. Note the date change.
Fall Veto session dates: October 28th – 30th and November 12th – 14th.

September 20, 2019 Update

Governor’s Highlights:
Gov. JB Pritzker has appointed Oswaldo Alvarez and Marishonta Wilkerson to lead the state’s effort to ensure an accurate and complete 2020 Census count for the state of Illinois.
Illinois taxpayers who incurred tax liabilities between July 1, 2011 and June 30, 2018 may be eligible for the one-time tax amnesty program. The program is predicted to bring in $175 million in revenue for the state. Beginning October 1, 2019, eligible taxpayers who pay their eligible tax liabilities in full will have associated penalties and interest waived.  Taxpayers have until November 15, 2019 to make a full payment on their liabilities and file the required paperwork with the Illinois Department of Revenue.
To participate in Illinois’ Tax Amnesty Program, taxpayers must pay all outstanding tax on an amnesty qualifying period in order to have eligible penalties and interest waived. Taxpayers who failed to file during the original filing period will need to file an original return in addition to making full payment of tax due. For taxpayers who want to report changes to previously filed returns, an amended tax return and full payment of tax due are required. The tax amnesty program includes most types of tax liabilities and penalties, but excludes taxes not collected by IDOR, such as property or local government taxes, and some fees, such as bad check fees and outside collection agency fees.

IDOR is in the process of mailing notices to certain eligible taxpayers listing their liabilities and giving instructions on how to pay.
101st General Assembly:
HB 3887 (Wehrli), filed Friday in Springfield, creates the Flavored Tobacco Ban Act, and sets penalties for individuals and manufactures who would sell the products illegally. In addition to traditional flavored nicotine delivery systems, including vaping pens, the bill would ban tobacco products that include tetrahydrocannabinol (THC), the active ingredient in cannabis, or a mixture of nicotine and THC. Gov. JB Pritzker indicated that he “supports the efforts of state lawmakers to outlaw flavored e-cigarettes and vaping products, and also supports those proposals moving forward during the fall veto session.”
HB3888 (Mayfield) was filed to address regulation of ethylene oxide. Key points include:● Phases out of ethylene oxide emissions by 2021 for sterilization facilities, and 2022 for hospitals
● Prevents emissions from hospitals or sterilizers near population centers and schools by including a regional cap
● Requires air monitoring for all emissions sources
● Requires reporting by the Illinois EPA on where EtO is used, how much is used, and the estimated impact
● Requires reporting of EtO emissions by all manufacturers
● Prohibits the uncontrolled venting or dumping of ethylene oxide
● Enhances public information for community members, including plans of the phase-out for each site
The Commission on Government Forecasting and Accountability issued Illinois Wagering Update for 2019. A copy of the report is here  .
House Speaker Michael Madigan formed a 20-member bipartisan House Firearm Public Awareness Task Force which will review the issue of gun violence and make recommendations designed to reduce violence. Rep. Ford will chair the Task Force. Other democratic members include: Reps. Monica Bristow, Sonya Harper, Barbara Hernandez, Yehiel “Mark” Kalish, Stephanie Kifowit, Theresa Mah, Martin Moylan, Aaron Ortiz and Kathleen Willis. Leader Durkin’s appointments are pending.
Coming Up:
The House Energy & Environment Committee will hold a hearing on Sept. 30 at 10:00 AM at the Bilandic Building in Chicago to discuss an update on Ethylene Oxide emitting facilities.

September 13, 2019 Update

GOVERNOR’S HIGHLIGHTS:
Gov. Pritzker joined a dozen other Democratic Governor’s calling for President Trump and Senate Majority Leader McConnell to take what they call “sensible” gun control legislation. In their letter, the Governors asked for passage of four gun control laws: a red flag law that bars people who pose a danger to themselves or others from buying or possessing guns, a universal background check to buy any gun, a ban on assault weapons and high-capacity magazines, and measures to keep guns out of the hands of the mentally ill.Gov. Pritzker made the following appointments:

  • Elizabeth Sanders will serve on the Illinois State Board of Investments.
  • Gloria Chevere will serve on the Chicago Transit Board.
  • Jay Rowell will serve on the Illinois Secure Choice Savings Board.
  • John Duty will continue to serve on the State Mining Board.
  • Robert Eggerman will serve on the State Mining Board.
  • Stephen Willis will continue to serve on the State Mining Board.

The Department of Financial and Professional Regulation, Division of Professional Regulation, Cannabis Control Section has approved 26 businesses as “Responsible Vendors” authorized to provide mandatory health and safety training to cannabis dispensary agents. Responsible Vendors provide dispensary agents training on how to properly check purchaser identification, state laws and rules relating to dispensing cannabis, how to identify signs of impairment, physiological effects of cannabis, security measures, and health concerns related to cannabis consumption. All medical cannabis dispensing agents currently working in Illinois must receive training from an approved Responsible Vendor by November 30, 2019 to ensure they have been trained before adult use sales begin on January 1, 2020.  Any newly hired dispensary agents also will be required to receive training from an approved vendor within 90 days of their hiring date.
ATTORNEY GENERAL HIGHLIGHTS:
Attorney General Kwame Raoul filed a lawsuit against Johnson & Johnson; Janssen Pharmaceuticals, Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc.; Janssen Pharmaceutica, Inc.; Endo Health Solutions Inc.; Endo Pharmaceuticals Inc.; Teva Pharmaceutical Industries Limited; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Allergan Finance, LLC; Actavis Pharma, Inc.; Actavis LLC; Watson Laboratories, Inc.; McKesson Corporation; Cardinal Health, Inc.; and AmerisourceBergen Drug Corporation for their roles in the opioid epidemic.According to Raoul’s lawsuit, filed in Cook County Circuit Court, the opioid manufacturers carried out unfair and deceptive marketing campaigns that prioritized profits over public health and resulted in unprecedented levels of opioid prescribing, while the distributors irresponsibly flooded Illinois with opioids, failing in their role as gatekeepers in preventing the diversion of opioids. 

101st GENERAL ASSEMBLY:
Filed this week, HB3886 (Jones) which amends the Municipal Code to provide that a municipality within Cook County may not expend any funds relating to a land-based casino, including, but not limited to, legal fees or engineering costs, without approval by the electors of the municipality after a referendum. Provides that a municipality making such an expenditure shall report annually to the Comptroller all expenditures of the municipality related to a land-based casino. Limits home rule powers. Heads to House Rules.
Filed this week, HB3885 (Durkin) which provides that nothing within provisions regarding the control of ethylene oxide sterilization sources shall limit the ability of a home rule unit of local government to adopt an ordinance that imposes additional operating restrictions upon or prohibits ethylene oxide sterilization operations of a facility that is located within the boundaries of the home rule unit of local government and is permitted to emit ethylene oxide. Heads to House Rules. Regulation of ethylene oxide sterilization is likely to be a key issue during the upcoming veto session.
The Illinois Environmental Council is unveiling their negotiated legislation later today.
State Rep. Mike Marron announced he will seek re-election rather than running to replace retiring Congressman John Shimkus.
Coming Up:
The House Mental Health Committee will hold a hearing on Sept. 23 at 11:00 am in the Bilandic Bulding in Chicago to discuss the vaping crisis. The House Health Care Availability and Accessibility Committee is holding a hearing on Sept. 24 at 1 pm in the Bilandic Building to discuss high lead levels in Chicago water.The House Elementary and Secondary Education: School Curriculum and Policies Committee is holding a hearing on Oct. 2 at 11 am in the Bilandic Building in Chicago to discuss CPS’ Special Education Policy.