102nd GENERAL ASSEMBLY:
The Illinois General Assembly adjourned the first week of lame duck session. Saturday’s scheduled session was cancelled. The Senate will return to session at 5pm today and remain in session through Tuesday, January 10. The House will return to session on Tuesday, January 10. The Senate Appropriations committee will hold a subject matter hearing on the supplemental appropriation bill – SFA # 3 HB 969 (Harris/Harmon) today at 3:30pm in Room 212 of the Capitol.
Despite a hectic week with long session days, the week concluded with only a handful of legislation passing both chambers. Most legislation considered this week — including gun control, abortion legislation, a supplemental appropriation, budget implementation provisions, energy legislation and omnibus healthcare legislation, and others – continue to work their way through the legislative process. Any bills that do not pass prior to the end of the 102nd General Assembly are considered dead.
Gun Control Legislation: The Illinois House approved a ban on assault weapons by a vote of 64-43. As amended, SB 2226 (Turner/Welch) immediately bans the sale of assault weapons in the state and prevents sales of large-capacity magazines that hold more than 12 rounds. The bill contains a grandfather provision that allows current assault weapons owners to keep their guns if they are properly registered. Firearm purchase exemptions are included for active-duty law enforcement and retirees who have served in law enforcement for over 10 years. The bill also extends the duration of firearm restraining orders from six months to a year and includes a representative from an association of court circuit clerks on the FRO Commission. Requires the Illinois State Police Criminal Division to investigate human trafficking, illegal drug trafficking, and illegal firearms trafficking. While included in previous drafts, the final bill did not raise the minimum age to purchase a firearm.
SB 2226, which is a product of the House Firearm Safety Working Group, is now pending before the Senate on the order of concurrence. There is no word yet if the Senate will act upon SB 2226 (which must be acted upon “as is” and cannot be amended in the Senate) or offer their own version of an assault weapons ban which would then require House approval.
The House also filed HR 1043 (Lilly) which urges the General Assembly to address gun violence in Illinois through comprehensive policy change and support proper appropriations for victim services. HR 1043 is assigned to the House Executive Committee.
Abortion/Reproductive Health: The Illinois House approved SB 1534 (Harmon/Cassidy) which creates the Patient and Provider Protection Act. The bill, a product of the House Dobbs Working Group, is designed to protect health care professionals and patients who provide or receive abortion care and expand access to reproductive health medications and procedures. The omnibus bill includes several provisions:
· Requires Plan B vending machines at public colleges, community colleges and universities.
· Requires insurance coverage at no cost for abortifacients gender-affirming health care. medications and HIV medications PEP/PrEP.
· Allows birth centers to provide a full spectrum of reproductive and sexual health care.
· Allows patients to receive hormonal birth control over the counter from a pharmacist.
· Clarifies that no person is subject to civil liability for receiving an abortion, clarifies that hospitals are not required to report abortion to law enforcement; and clarifies that the statute of limitations under the RHA is 2 years.
· Makes several changes to the Parentage Act regarding frozen eggs and surrogacy.
· Clarifies that Assisted Reproduction is protected under the Reproductive Health Act and permits advanced practice clinicians to provide abortions.
· Prevents IDFPR from taking disciplinary action against any health care professional for providing care that is legal in Illinois regardless of whether it is legal in another state.
· Allows IDFPR to grant out-of-state physicians, physicians assistants and advanced practice nurses a 2-year temporary license to practice health care in Illinois under certain circumstances.
· Creates Shield Laws to protect patients and providers, and those assisting them, from litigation.
SB 1534 passed the House by a vote of 67-41 and is now pending in the Senate on the order of concurrence. More detail on the legislation is available here.
Note the Senate filed their own version of abortion and reproductive health legislation as SFA #1 to HB 4664 (Mah/Jones). Advocates were concerned with the Senate version and argued that it did not go far enough with its gender affirming healthcare language as the House version. HB 4664 was not heard in the Senate this week. No word yet if the Senate will act on SB 1584 or offer its own language on another bill which would then require House approval.
Budget: A supplemental appropriation was filed as SFA #3 to HB 969 (Harris/Harmon). This legislation will be heard before the Senate Appropriations Committee at 3:30 pm today. Once approved by the Senate, HB 969 will head back to the House for concurrence on Tuesday.
The House approved FY 23 budget implementation provisions on HFA # 3 to SB 1720 (Harris/Villivalam). Key provisions include:
· Creates the Warehouse Safety Standards Task Force Act to study warehouse safety standards.
· Grants emergency rulemaking powers to the Department of Human Rights to implement a grant program to eradicate hate crimes and bias incidents.
· Addresses audit findings for colleges and universities regarding contributions to the Health Insurance Reserve Fund.
· Requires the Department of Children and Family Services to seek federal reimbursements for administrative costs associated with the provision of independent legal representation to foster children, and their parents. Those funds will be disbursed for fees and costs incurred for legal representation. Provides that units of local government and public and private agencies may apply for and receive federal or State funds from the Department.
· Requires the Department of Commerce and Economic Opportunity to create a program to award grants to local chambers of commerce.
· Makes changes concerning the distribution of lottery proceeds.
· Repeals a provision that provided for a transfer of funds from the Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
· Provides for GRF transfers to the Budget Stabilization Fund ($850 million GRF), the Large Business Attraction Fund ($400 million GRF), and the Disaster Response and Recovery Fund ($72 million GRF). Increases the cap on the Budget Stabilization Fund from 5% to 7.5% of total general funds estimated for the fiscal year.
· Authorizes the Liquor Control Commission to expend sums for the purchase of evidence.
· Creates a hospital stability program to transfer $460 Million in emergency stabilization payments to hospitals to help account for rising cost of nurses and increased costs.
· Contains trailer language to HB 4285 to restore the small purchase limit in the Procurement Act to $100,000.
· Authorizes LETSB to make grants, subject to appropriation, to units of local government and public institutions of higher education to hire and retain law enforcement officers.
· Compensates members of the FOID Card Review Board beginning July 1, 2023.
· In the event of a super majority in either chamber (71/House or 36/Senate), authorizes the super-majority party to have one additional officer (with pay).
Energy Omnibus: The Senate Executive Committee approved amendments to HB 4412 (Willis/Cunningham) which makes several energy changes including:
· Reforms citing requirements for wind and solar.
· Creates a mechanism for financial relief for electrical rate payers in the Ameren Zone, subject to appropriation.
· Contains Climate Works HUB clean up provisions.
· Contains clean up language regarding public school carbon free assessments program.
· Makes changes to the hiring of the Director of the Illinois Power Authority.
HB 4412 and its amendments are pending before the full Senate.
Healthcare Omnibus: The Illinois Senate approved omnibus healthcare legislation on HB 240 (Jones/Gillespie). Specifically, the legislation
- Creates state authorization for rural hospitals to operate under a new federal care delivery model as Rural Emergency Hospitals.
- Allows applications for licensure as an applied behavioral analyst subject to IDFPR rule.
- Makes several clean-up changes to the Nursing Home Assessment.
- Makes changes to the ARPA payments for ground ambulance providers.
- Requires IDFPR to provide a one-time fee waiver for podiatrists for FY 23.
- Delays staffing fines for nursing homes for 2 years.
- Makes several changes to provisions regarding defendants who are unfit to stand trial.
HB 240 passed the Senate by a vote of 32-15 and now heads back to the House for concurrence.
Paid Leave for All Workers: The Illinois House filed HFA # 3 to SB 208 (Martwick/Gordon-Booth) which creates the Paid Leave for All Workers Act. Requires employers to provide paid leave to employees for any purpose. Provides that an employee is entitled to earn and use a minimum of 56 hours of paid leave during a 12-month period. Makes it unlawful for an employer to interfere with, restrain, deny, change scheduled workdays or hours to avoid paid leave, or discipline an employee for the exercise of any right under the Act. Authorizes the Department of Labor to administer and enforce the Act. Provides for civil penalties. Authorizes individuals to file civil actions with respect to violations.
The amendment was not assigned to a committee for a hearing this week. Watch for this language to resurface later in lame-duck or during the 103rd General Assembly.
Bills That Passed both Chambers: The following bills passed both houses this week and head to the Governor’s desk:
· HB 1859 (Burke/Martwick) which is an initiative of the Cook County Forest Preserve District to allow the Forest Preserve District to make a full actuarial payment into the system
· HB 4228 (Hoffman/Morrison) makes several changes to the Decennial Committees on Local Government Efficiency Act including removing school districts from the Act and allowing certain highway commissioners and townships to form a joint committee.
· HB 4285 (Stuart/Castro), as amended, makes various procurement changes. The sponsor pledged to pass a trailer bill (SB 1720) to restore the purchasing threshold to $100,000 (the threshold was increased to $250,000 in this bill).
· HB 5542 (Kifowit/Cunningham) makes various changes to the Illinois Joining Forces Foundation per their request.
· HB 4245 (Hoffman/Holmes) makes changes to the Illinois Plumbing License Law concerning irrigation contractors.
· SB 1794 (Murphy/DeLuca), which as amended, represents a reform of the municipal utility audit process in Illinois.
· HB 9 (Gong-Gershowitz/Fine) allows individuals to change their gender on their birth certificates to match what’s on their driver’s license and passport.
· HB 45 (Tarver/Harmon) which reconstitutes HB 350 dealing with judicial subcircuits which passed the Senate in April, but was not considered by the House. Specifically, HB 45 makes changes to the Judicial Circuits Districting Act of 2022 and the Circuit Courts Act to effectuate the intent of Public Act 102-693 by correcting drafting errors and making clarifications and converts the remaining at-large judgeships in the 6th and 17th judicial circuits to resident judgeships similar to other circuits, including but not limited to, the 3rd and 19th judicial circuits. The bill also allows local election authorities to compare the signatures on the mailed ballots to ballot application signatures. This provision is in response to Representative Mazzochi’s court challenge following her loss in the November election.
· HB 3878 (Tarver/Pacione-Zayas) increases the revenue source for the Illinois Housing Development Authority’s Rental Support Program. Creates the Illinois Rental Housing Support Program Funding Allocation Task Force, which will study and make recommendations regarding the equitable distribution of rental housing support funds throughout Illinois.
· HB 5107 (Davis/Peters) allows principals in the City of Chicago to unionize. The bill provides protections for Local School Councils and prohibits principals and assistant principals from participating in a strike.
Other Bills Considered: Several other bills were considered this week. These bills could still be considered during the remainder of the lame duck session:
· SB 1001 (Harmon/Zalewski), as amended, reduces the annual wine manufacturers’ fee back to the pre-COVID amount (from $1,250 down to $750). The bill also prohibits a non-home rule municipality from regulating the delivery of alcoholic liquor inconsistent with provisions regarding delivery by retailers. SB 1001 passed the House and is on the order of concurrence in the Senate.
· SB 2801 (Holmes/Welch) contains appropriations necessary to implement the agreement to repay the balance in the Unemployment Insurance Trust Fund. SB 2801 passed the House Executive Committee and is pending before the full House.
· The Senate Executive Committee approved, by a vote of 10-6, Senate Floor Amendment #1 to HB 3968 (Croke/Collins) which places pawnbrokers under the same interest rate caps as payday lenders and other small-dollar, short-term lenders pursuant to the Predatory Loan Prevention Act. The amendment received extensive discussion in the Senate Executive Committee but was not called for a final vote on the Senate Floor this week.
· HB 268 (Williams/Feigenholtz) creates the Tourism Preservation and Sustainability District Act which creates tourism preservation and sustainability regions in Illinois. HB 268 passed the Senate and is on the order of concurrence in the House.
· HB 5061 (Walsh/Mattson) is a trailer bill to the Regional Water Commission legislation passed last year which allows for the building of a new pipeline to supply water for Joliet and the surrounding areas. HB 5061 passed the Senate and heads back to the House for concurrence.
· HB 5285 (LaPointe/Pacione-Zayas) addresses principal eligibility in the Chicago Public Schools. HB 5285 passed the Senate and heads back to the House for concurrence.
· SFA #1 to HB 5188 (Davis/Villivalam) mandates that schools teach age-appropriate sex education by July 1, 2023. SFA #1 was discussed extensively in the Senate Executive Committee. HB 5188 passed Senate Executive and is pending before the full Senate.
· HB 2369 (Kifowit/Wilcox) represents a trailer bill to the Veterans Assistance Commission Act. HB 2369 passed the Senate and heads back to the House for concurrence.
New Members: Menard County Sheriff’s Deputy Jason Huffman of Athens was sworn in to replace State Representative Tim Butler in the 87th District. Huffman will serve for the remainder of the 102nd General Assembly. Mike Coffey, owner of Papa Frank’s and manager of Saputo’s restaurants in Springfield, will serve Butler’s term in the 103rd General Assembly.
Bill Hauter was sworn in to replace Representative Keith Sommer who resigned at the end of the year. Representative Sommer did not seek reelection and Representative Hauter won his race in November to replace Sommer.
Terry Hall was appointed to replace Senator Melinda Bush in the 31st Senate District. Bush did not seek reelection. Mary Edly-Allen won election to the seat in November and will take office on Wednesday, January 11 when the new 103rd General Assembly is sworn into office. Edly-Allen was not eligible to serve the remainder of the appointment in the 102ndGeneral Assembly because she does not live within the boundaries of the current district
Representative Ammons was selected to serve as the Joint Chairwoman of the Illinois Legislative Black Caucus for the 103rdGeneral Assembly. Ammons joins State Senator Adriane Johnson as Treasurer, Representative Debbie Meyers-Martin as Joint Secretary, and Representative Will Davis as Sergeant at Arms.
SAFE- T ACT UPDATE:
Implementation of the Pretrial Fairness Act is on hold following a ruling by Kankakee County Judge Thomas Cunnington that lawmakers overreached their constitutional authority in passing legislation to abolish cash bail. The ruling is here. Capitol News offers more here.
The Illinois Supreme Court subsequently issued an order staying the Pretrial Fairness Act until further order of the Court. The order will maintain consistent pretrial procedures in Illinois until the Court makes its ruling. Opening briefs will begin in late January and will run through the end of February. Oral arguments will be held during the court’s March session. The Supreme Court ruling is here.
Staffing Changes: Governor Pritzker announced staffing changes with the start of his second term. Illinois Department of Natural Resources Director Colleen Callahan will step down from her position on January 16th. Illinois Department of Commerce and Economic Opportunity (DCEO) Director Sylvia Garcia will step down from her position on January 16th. CMS Director Anthony Pascente will step down from his position on January 20th. Illinois Department of Innovation and Technology Secretary Jennifer Ricker will step down from her position at the end of the term. Brandon Ragle has just been named Acting Secretary of DoIT.
Executive Order: Governor Pritzker issued Executive Order 2023-01 today which reissues several orders related to the COVID-19 pandemic.
Consumer Lending Trends Report: The Illinois Department of Financial and Professional Regulation, Division of Financial Institutions, has announced the release of its annual Consumer Lending Trends Report. The report highlights trends in the high interest consumer lending marketplace, including how many loans were made, the type of loans, the amount of the loans, and the income of those taking out the loans. The entire 2021 Consumer Lending Trends Report may be found here.
New Employer Laws: The Governor’s Office reminds employers of several new laws taking effect in 2023.
- In 2019, a new law took effect which increases the minimum wage by $1 every year through 2025. This year the minimum wage increases to $13 an hour, and $7.80 an hour for tipped workers. Workers in the Chicago and Cook County area should be aware that the minimum wage may be higher there due to local ordinances.
- Unpaid leave rights are being expanded for employees. The Family Bereavement Leave Act (FBLA) amends what was the Child Bereavement Leave Act (CBLA) to expand job-protected leave to cover pregnancy loss, failed adoptions, unsuccessful reproductive procedures, and other diagnoses or events negatively impacting pregnancy or fertility. The FBLA also now requires employers to provide leave time after the loss of family members such as parents or siblings. Employees may take up to two weeks, or 10 working days, of unpaid leave time for any of the events covered by the FBLA.
- The amended One Day Rest in Seven Act (ODRISA) gives workers the right to a day of rest every workweek and breaks for meals or rest during daily work shifts. Employers covered by ODRISA must post a notice at the workplace informing workers of their rights under the Act. The notice is available on the IDOL website.
- An amendment to the Employee Sick Leave Act mandates that employers who provide sick leave benefits must allow employees to take leave in the event of a family member’s illness on the same conditions which the employee can take leave for their own illness.
Renewable Energy Access Plan: The Illinois Commerce Commission initiated a formal proceeding to develop and adopt a Renewable Energy Access Plan (REAP). The Plan is an actionable roadmap for meeting Illinois’ policy requirements for a clean electricity system as required under the Climate and Equitable Jobs Act. The draft includes stakeholder input received over a 120-day public comment period. Follow the REAP proceeding here . Throughout the legal proceedings, the public and stakeholders will be afforded additional opportunities to provide comment. The Commission is expected to take final action on the REAP in the summer of 2023. Read more here.
The Illinois Department of Criminal Justice Information Authority released a funding opportunity for Trauma Recovery and Community Healing Resource Centers. The application deadline is January 11. Apply here.
Gas Tax Increase: A six-month pause on the scheduled increase to the gas tax ended January 1, 2023. The 2.2 cent/gallon increase was originally scheduled to take effect on July 1, 2022.
SOS Staff Announcements: Secretary of State Elect Alexi Giannoulias announced the appointment of the following staff members:
· Kathleen Nelson, Chief of Staff
· Sheleda Doss, Chief Deputy/Downstate Operations
· Aileen Kim, Chief Deputy/Public Programs
· Aimee Pine, Chief Deputy/Administrative Operations
· Lashaunna D. Sims-Davis (Shaunna), Chief Deputy/External Affairs
· Vanessa Uribe, Chief Deputy/Driver’s-Vehicles Services
2023 Key Dates:
Due to ongoing construction in the north wing of the Illinois Capitol, the Senate will hold its 103rd General Assembly Inauguration in the House of Representatives chamber in the Old State Capitol Building, 528 East Adams St., Springfield.
January 9: Inauguration of Constitutional Officers
January 11: Inauguration of the 103rd General Assembly
January 27: Deadline – Senate LRB Requests
February 3: Deadline – House LRB Requests
February 10: Deadline – Introduction of Substantive Senate Bills in the Senate
February 17: Deadline – Introduction of Substantive House Bills in the House
February 15: Governor’s State of the State/Budget Address
February 28: Consolidated Primary Election
March 10: Deadline – Substantive Bills Out of Committee in both chambers
March 24: Deadline –Third Reading Deadline – Substantive House Bills in the House
March 31: Deadline – Third Reading Deadline – Substantive Senate Bills in the Senate
April 4: Consolidated Election
April 28: Deadline – Substantive Bills out of Committee in both chambers
May 11: Deadline – Third Reading Substantive House Bills in Senate
May 12: Deadline – Third Reading Substantive Senate Bills in House
May 19: Adjournment