May 17, 2024 Updat

103rd ILLINOIS GENERAL ASSEMBLY:

The Illinois General Assembly stands adjourned for the week. The House cancelled session for this weekend. Both chambers return to session on Monday, May 20; adjournment of the spring session is scheduled for Friday, May 24. 

It’s still too early to predict if the Legislature will conclude its business on time. Currently, there is no deal on a budget or revenue package (or cuts) necessary to implement the budget — and neither chamber has positioned a budget vehicle bill. Governor Pritzker remains steadfast in his promise to sign a budget that is balanced, fiscally responsible, promotes growth in the economy, and adequately funds education and the social safety net.  Capitol News offers more detail on the budget discussions here.

Today is the Third Reading deadline for bills in the opposite chamber. Deadline extensions are once again likely for legislation still pending.

Bills Passed Both Houses:

A list of House Bills that have passed both Houses so far this year is here; Senate Bills are here.  Below are highlights from bills that passed both houses this week and now head to the Governor’s desk.

Changes to the liability guidelines in the Biometric Information Privacy Act are addressed in SB 2979 (Cunningham/Williams). Specifically, liability faced by the business would accrue on a per-employee basis, rather than a per-collection basis. The legislation also allows the use of electronic signatures as a means of granting written consent. The legislation passed the House by a vote of 81-30.

Legislation to require all insurers offering pregnancy related benefits to also cover infertility treatments – including IVF – passed the House 90-17 on SB 773  (Castro/Croke).  The bill would also require employer plans with more than 25 employees to cover an annual menopause visit for women over 45. 

The Illinois Senate, by a vote of 54-1, approved HB 4902 (Faver Dias/Lightford) which requires any vendor or learning partner approved to work with a school in English/language arts to follow the State’s literacy plan. 

HB 4903 (Faver Dias/Johnson) received unanimous approval from the Senate; it would require the Illinois State Board of Education (in consultation with the Illinois Department of Public Health) to compile resources to assess air quality and maintain ventilation systems in schools.

HB 2472 (Morgan/Fine) would clarify when a consumer can appeal a denial of benefits or request an external review. The legislation passed the Senate unanimously.

Legislation to prohibit a consumer reporting agency from making a credit report containing any adverse information about the consumer related to medical debt – SB 2933 (Stadelman/West) – passed the House 109-2.

SB 2934 (Stadelman/Vella) provides that consent is not a valid defense to hazing. The bill passed the House 98-1.

A trailer bill to the state-based marketplace legislation passed last year – SB 3130 (Fine/Gabel) – was approved by the Illinois House by a vote of 107-0.

Other Legislative Action:

The Senate unanimously approved HB 4875 (Gong-Gershowitz/Edly-Allen) which intends to modernize the Illinois Publicity Act to address the use of artificial intelligence in distributing or transmitting a sound recording or audiovisual work that contains a digital replica of an individual without their knowledge or authorization. The Senate approved SFA # 3 which removes all opposition. The bill now heads back to the House for concurrence.

Legislation to end “junk fees” unanimously passed out of the Senate Judiciary Committee on HB 4629 (Morgan/Aquino).  The sponsor noted that he is working on an additional amendment to address concerns of the opponents and pledged he will not move the bill in its current state. HB 4629 is now pending before the full Senate.    

Legislation to add family obligations to the list of protected classes in the Human Rights Act passed the Senate Judiciary Committee by a vote of 5 -2 on HB 2161 (Guzzardi/Toro). The bill is intended to protect employees from retribution due to responsibilities outside the workplace and now will be considered by the full Senate.

Limiting the use of predictive analytics in employment decisions and creditworthiness checks is the focus of HB 3773 (Andrade/Cervantes), which was voted unanimously out of the Senate and now heads back to the House for concurrence. 

The House Energy and Environment Committee approved HFA # 1 to SB 2876 (Villa/Tarver) which requires certain large event facilities who receive state funding to participate in recycling programs. HFA # 1 is now pending before the full House.

The Senate Executive Committee approved SFA # 1 to SB 648 (Simmons) which creates the Medical Debt Relief Act, requiring HFS to develop a Medical Debt Relief Pilot Program. This is an initiative of Governor Pritzker. The full Senate will now consider SFA # 1.  

SB 3686 (Koehler/Chung) creates the Portable and Medium-Format Battery Stewardship Act. The House Energy and Environment Committee approved HFA # 1, which clarifies that electric vehicle related batteries are not subject to the Act and gives IEPA enforcement authority. HFA # 1 is now pending before the full House.

The House Healthcare Availability and Accessibility Committee approved HFA # 1 and #2 to HB 581  (Avelar) which attempts to ensure the federal Emergency Medical Treatment and Active Labor Act (EMTLA) continues in Illinois (even if it is overturned by the US Supreme Court) and that Illinois doctors are allowed to continue to provide the current standard of care. Opponents question whether that is the case because the bill now introduces abortion as a treatment for conditions where abortion might not be the treatment. The Catholic Conference asked that the bill be amended to specifically cross reference the Healthcare Right of Conscience Act. The bill now heads to the full House for consideration.

SB 2641 (Holmes/Manley) addresses in-network hospital network adequacy with respect to hospital specialists. The House Insurance Committee unanimously approved HFA # 1 which takes on concerns by the insurance companies and the Department of Insurance. HFA # 1 is now pending before the full House.

SFA # 1 to SB 776 (Lightford) was assigned to the Senate Executive Committee. The amendment creates the Hemp Cannabinoid Products Act to regulate various aspects of hemp products in Illinois – including their distribution, sale, transportation, marketing and labeling. The bill adds new municipal and county taxing authority as well. 

The House Gaming Committee unanimously approved HFA # 1 to HB 394 (Didech)which creates the Family Amusement Wagering Prohibition Act, prohibiting entities (like Dave and Buster’s) from offering real money wagering. The measure now heads to the full House, although the sponsor is working on an additional amendment for consideration before the full House takes up the bill.

Representative Mayfield filed HFA # 2 to her HB 798, requiring the Secretary of State to enhance safety procedures at the Illinois State Capitol. HFA # 2 is pending in the House Executive Committee.

Legislation to institute high impact business tax breaks was filed on HFA # 1 to HB 817 (Vella); the amendment is also pending before the House Executive Committee.

The House Executive Committee approved SB 692 (Morrison/Morgan). As amended, the measure creates a Task Force on Interjurisdictional Industrial Zoning Impacts. The special group will study State and local zoning laws and policies related to large industrial developments.

Representative Vella filed HB 5842 to create a Statewide Office of the Public Defender; it has been referred to the House Rules Committee. A different Senate version, HB 4621 (Slaughter/Sims), is pending before the full Senate. Read more about the effort here.     

Legislation to provide a stipend for student teachers passed the House by a vote of 85-23 on HB 4652 (Hernandez/Koehler). DL pls note that i found the sponsors to be different from what you had listed The sponsors indicated that the bill, which is subject to appropriation, will cost approximately $62 million and funds are not expected to be included in the FY 25 budget. The bill now heads to the Senate. Read more here.

On a unanimous vote, HFA#2 to HB 299 (Yang Rohr) was passed by the House Elementary and Secondary Education School Curriculum and Policies Committee. The measure amends the School Code, changing  the definition of “cyber bullying” to include bullying through the distribution by electronic means or the posting of a digital replica of an individual who is engaged in an activity in which the depicted individual did not engage in, including, but not limited to, sexually explicit digitized depictions of the individual. The bill is intended to address the rise of deepfake images and AI-generated nude photos of students. FHA # 2 is pending before the full House.

HB 5324 (Hoffman/Aquino) sets goals to resolve cases pending before the Public Labor Relations Board and the Education Labor Relations Board. The sponsor noted that he believes both boards are taking too long to resolve cases. The bill passed the House unanimously and now heads to the Senate.

The Illinois Senate unanimously approved SB 727 (Simmons/Welch) which codifies recent federal PFAS rules on maximum PFAS contaminant levels in community water supplies. The measure now heads to the House for consideration.

Other Legislative News:

Representative Mark Walker was appointed to replace Senator Anne Gillespie in the 27th Senate District. Local Democrats will now appoint a replacement for Representative Walker’s seat. 

The Illinois Fund Our Futures Coalition rallied in Springfield this week asking legislators for $1.645 billion in new state revenue for school funding, a state child tax credit, emergency cash assistance, reentry employment programs, healthcare, senior home care, affordable housing, and homelessness prevention. Their request includes reforming the retailer’s discount ($160 million); creating a tax on digital advertising ($650 million); closing “corporate tax loopholes” ($175 million); enacting a “billionaire mark-to-market tax ($510 million); and broadening the estate tax ($150 million). The group is targeting three “tax loopholes” — eliminating the add-on corporate income tax credits for construction job payroll; accelerating the remaining sales tax exemptions for biodiesel; and

removing the production-related tangible personal property from the manufacturing machinery and equipment sales tax exemption.

Members of the Illinois Fund Our Futures Coalition include Brighton Park Neighborhood Council, Chicago Teachers Union, Grassroots Collaborative, Healthy Illinois, Illinois Coalition for Immigrant and Refugee Rights, Jewish Council on Urban Affairs, ONE Northside, PEER Illinois, SEIU Healthcare, Shriver Center on Poverty Law, The People’s Lobby, and the Workers Center for Racial Justice.

2024 Key Dates and Session Deadlines:

May 17: House and Senate Third Reading Deadline for Bills in the Opposite Chamber

May 24: Adjournment

May 25 – 31: Contingent Session Days

GOVERNOR’S HIGHLIGHTS:

Public Health Emergencies: Keying in on lessons learned from the COVID-19 pandemic is the focus of a playbook released by the State of Illinois. Among specifics addressed: preparatory measures for future public health emergencies and recommendations for future administrations on best responses to crises in the realm of public health. The result of an assessment of COVID-19 impacts on Illinois citizens, the playbook highlights the outcomes seen in health and human services. The document also emphasizes the importance of forging plans for best responses that the state can employ – for not only public health emergencies, but non-emergency state operations as well.

EV Battery Material Supplier Announces R & D Headquarters in Illinois: Chicago will become the research and development headquarters for Bedrock Materials, which designs and produces electrode materials used by battery makers to manufacture sodium-ion batteries. Bedrock Materials got its start at Stanford University and helps decrease the cost of electric vehicles by enabling battery manufacturers to make SIB at scale.

Economic Empowerment Center Grants Awarded: Helping individuals and entrepreneurs from historically disinvested communities receive job opportunities is the goal of the Illinois Economic Empowerment Centers Grant Program (EEC) – which just awarded $2.5 million in grants to 10 recipients. Under the auspices of the Illinois Department of Commerce and Economic Opportunity, the EEC funding goes to organizations that provide training and resources to the targeted individuals. An extensive range of activities will be provided by the grant recipients. Among these efforts will be giving business advice, technical assistance, education, and cohort training, including resources and training tailored toward start-ups, existing businesses, and dislocated workers. Also, selected EECs will provide such services as market analysis, business and financial planning, and management analysis. Read more here.

Summer EBT: Illinois families with food insecurity should realize some relief through the state’s participation in the federally funded Summer EBT program. Through this effort, qualifying families get a one-time benefit of $120 per child to buy groceries during the summer months. Eligibility goes to children who receive free and reduced school lunches. Automatic inclusion also goes to children who (on or after July 1, 2023) are enrolled in any of a host of other programs: the Supplemental Nutrition Assistance Program (SNAP); income-eligible Medicaid; Temporary Assistance for Needy Families (TANF); or the state’s Youth in Care or foster care system.

OTHER NEWS:  

CTBA Issues Evidence Based Formula Report. Illinois should boost – from $300 million to $500 million annually – its Minimum Target Level in the Evidence Based Funding Formula. That is among the findings of the report issued this week by The Center for Tax and Budget Accountability. The actions would result in full funding of the EBF by 2030, instead of its currently anticipated 2034 timeline, says the CTBA. The latter represents a deadline that misses by seven years the deadline required by statute.

Civic Federation FY 25 Budget Analysis: Good news is evident for Illinois and its financial position says a new report from the Civic Federation. Prompted by a strong revenue performance and effective management, the state is enjoying an improved fiscal situation. By the same token, the Civic Federation encourages caution be exercised in FY25 spending as revenue trends appear to be cooling. Illinois should meet its long-term needs by putting into place a modern, sustainable tax structure, the organization urges. Read more here. The full report is here.