November 22, 2024 Update

103rd ILLINOIS GENERAL ASSEMBLY:
The Illinois General Assembly concluded its second and final week of the Fall Veto Session. Both chambers adjourned until the call of the presiding officer, with a January lame-duck Session tentatively scheduled for January 2 through 7.  Members of the 104th General Assembly will be sworn into office on Wednesday, January 8. Key deadlines for the 104thGeneral Assembly are detailed below.
The second week of the Veto Session proved busier than the prior week. While the General Assembly did not act specifically on policies to “Trump Proof” Illinois (those discussions are ongoing and legislation could surface in the lame-duck Session), the Legislature did take action on several other measures.
Revenue Omnibus: The Illinois Senate approved, by a vote of 47-9, HB 4224 (Ladisch Douglass/Cunningham) which as amended represents a mini revenue omnibus. The bill: (1) clarifies that a property tax exemption can be granted to a parking deck for a nonprofit trade school; (2) allows for municipalities in Cook County to apply to the county clerk to retroactively abate property tax for a property in a special service area; and (3) clarifies that Township mental health boards may levy a tax through referendum that is initiated by citizens (in addition to when the vote of the township board initiates the referendum). The measure now heads to the House for concurrence.
Revenue Clean-Up: The Illinois Senate approved, by a vote of 47-8, HB 4636 (Burke/Villanueva) which as amended represents clean-up to the revenue omnibus passed during the Spring Session.  The House concurred by a vote of 72-38 and the bill now heads to the Governor’s desk. The legislation:·      Increases the tax credit for wages paid to qualified returning citizens, allowing employers to claim a credit exceeding $1,500 per employee before December 31, 2025.·      Revises the Live Theater Production Tax Credit Act to remove barriers to entry (like the “but for” clause) and establishes a tiered application process to promote greater equity.·      Amends the Music and Musicians Tax Credit and JOBS Act to allow DCEO to streamline the program and align it with others within the department.·      Amends the Retailers Occupation Tax Act. Removes provisions on tangible and intangible telephone and telecommunication services (under prepaid telephone calling arrangements) and aligns — with other provisions in the Illinois Municipal Code — the elimination of the referendum requirement for locally imposed sales and use taxes by non-home rule municipalities
·      Amends the Lease Tax Trailer Return Act to require lessees to report and pay taxes on all lease receipts received from the lessor on a single return form.·      Amends the Tobacco Products Tax, mandating that Department of Revenue licenses expire no more than one year after having been issued.
Omnibus Sunset/Deadline Extension: As amended, SB 3410 (Holmes/Hoffman) represents an omnibus sunset and deadline extension package. The measure passed the House by a vote of 74-38 and the Senate concurred by a vote of 39-17 and the bill now heads to the Governor’s desk. Highlights include:·      Extends the reporting deadline for the Illinois Commission on LGBTQ Aging to March 30, 2026, and allows for changes to the content of the report.·      Extends the reporting deadline for the Zero Traffic Fatalities Task Force untilJanuary 1, 2026.·      Extends a tax credit for employers who hire qualifying apprentices. The credit covers the qualified education expenses incurred on behalf of the apprentices for tax years beginning on or after January 1, 2020, through January 1, 2026.·      Extends the deadline for behavioral health services to use grants under the Reimagine Public Safety Act and extends the deadline for community violence prevention service providers to file a plan to become Medicaid certified.·      Extends the authority of the Secretary of State to lift license suspensions.·      Extends the Cook County Traffic Assessment waiver.·      Amends the Unemployment Insurance Act to extend the upcoming “speed bumps” which are statutorily prescribed to force business and labor to negotiate to prevent tax increases or benefit cuts.·      Extends the repeal date of the Out-of-State Person Subject to Involuntary Admission on an Inpatient Basis Mental Health Treatment Act to January 1, 2026.·      Extends the Student Career Development Liability Insurance Advisory Committee.·      Extends the authority for Rockford to sell the Elliott Golf Course.·      Extends the home rule preemption under the Illinois Power Agency Act.·      Extends emergency rulemaking for the implementation of changes to the Public Aid Code and Mental Health and Developmental Disability Administration Act.
Other Bills That Passed Both Houses: Several other items passed this week and will be sent to the Governor’s desk.
The Illinois Senate approved, by a vote of 42-11, HB 5172 (Mah/Villa) which establishes the right to competent and accurate interpretation services in state administrative hearings by strengthening and codifying federal protections into State law for all Illinoisans. The bill previously passed the House in May and now heads to the Governor’s desk.
SB 688 (Martwick/Gong-Gershowitz) represents a trailer bill to HB 4351 passed last May. As amended, this bill clarifies how the $5 private process server fee is to be collected and forwarded to the Cook County Sheriff’s Office. The bill passed both chambers unanimously this week and now heads to the Governor’s desk.
The Senate approved, by a vote of 43-11, HB 793 (Mah/Castro) which creates the Dignity in Pay Act to phase out the subminimum wage for individuals with developmental disabilities. The legislation previously passed the House in May and now heads to the Governor’s desk.
The Illinois House approved, by a vote of 90-20, SB 2703 (Harris/Kelly) which as amended represents an omnibus TIF extension package. The Senate concurred by a vote of 48-3-1 and the measure now heads to the Governor’s desk.
The Illinois Senate unanimously approved HB 222 (Tarver/Collins). Under the bill, the use of contributory fault as a tactic to reduce damages in childhood sexual abuse cases would be prohibited. Further, the measure would treat all childhood sexual abuse or contact as inherently harmful in a court of law, which would eliminate the need for the survivor to present further evidence of trauma. The goal of this legislation is to establish that all childhood sexual abuse is traumatic and ensure that a child cannot be blamed for being abused. The legislation is in response to a 2019 lawsuit filed against the Chicago Board of Education and a CPS employee for various forms of repeated sexual assault. During the trial, a psychologist testified that not all sexual abuse is “traumatic.” The bill previously passed the House in May and now heads to the Governor’s desk.
The Illinois Senate unanimously approved HB 814 (Syed/Simmons) which addresses the existing State Comprehensive Day Care Plan survey of daycare facilities. Specifically, the measure would include feedback from groups and individuals with relevant expertise and experiences to promote workforce recruitment and retention for educators and childcare providers. The legislation previously passed the House 111-1 and now heads to the Governor’s desk.
Other Bills Under Consideration: The Illinois General Assembly contemplated several bills this week. Final action could take place in the lame-duck Session.
The Illinois Senate unanimously approved HB 4781 (Evans/Hunter) which aims to prioritize kinship care to enhance outcomes for DCFS-involved children. As amended, the measure seeks to preserve family connections, minimize separation trauma, and achieve faster, more stable permanency for children in foster care. Both DCFS and the ACLU support the bill. The ACLU testified in committee that the legislation could help reform the foster care system by prioritizing kinship care and addressing systemic problems, safely reducing DCFS caseloads, and optimizing the department’s resources while securing millions of federal dollars. The measure now heads back to the House for concurrence.
Legislation on the prescribing of opioids for chronic pain – specifically to reflect new guidelines issued by the Centers for Disease Control and Prevention – passed the Senate 56-0. As amended, HB 5373  (Cassidy/Fine) allows physicians to make necessary prescriptions for controlled substances, including opioids, without strict limitations based on dosage amounts (except as provided under federal law). Patient confidentiality is also protected under the bill, by preventing the release of opioid prescription and treatment information without a legal order verified by the Illinois Department of Human Services or an administrative subpoena from the Illinois Department of Financial and Professional Regulation. The measure now heads back to the House for concurrence.
As amended, SB 469 (Johnson/Katz Muhl) clarifies two aspects of the School Code: that school counseling services may include addressing the needs of all students without regard to citizenship and changing the provisions concerning elected school trustees. SB 469 passed the Senate 50-1 and now heads back to the House for concurrence.
The Illinois Senate unanimously approved SB 507 (Faraci/Welch) which as amended clarifies the non-compete bar included in SB 2737 (passed earlier this year) applies to both current and retired first responders. The measure now heads to the House for concurrence.
Legislation to address name changes passed the Senate Executive Committee by a vote of 9-4. Specifically, HB 5164 (Olickal/Villivalam) would cap the cost of legal name changes, reduce the state residency requirement for name changes from 6 months to 3 months, and allow certain individuals to request that their name change be kept private and exempt from public disclosure. The full Senate will now consider the bill.
Legislative Black Caucus Senator Willie Preston was selected as the Senate chair of the Illinois Legislative Black Caucus. In this capacity, Preston plans to focus on pillars that address systemic racism: criminal justice reform, education and workforce development, economic access, and health care and human services.
Capitol Security Measures: As noted in last week’s Update, the Secretary of State’s office revised Capitol security measures. This week, the Secretary of State’s office created a special screening line (at the 2nd Street entrance) for credentialed lobbyists and members of the news media to expedite their entry into the Capitol. Read more here.
Final Election Results: As of Tuesday, all ballots were counted for the November 5 General Election. Ballots will be officially certified on December 6. With all ballots counted, Representative Amy Grant defeated Jackie Williamson in the 47th House District. Grant ended the race 395 votes over Williamson. Republican Representative Marty McLaughlin, who declared victory last week, officially defeated Democrat challenger Maria Peterson by a mere 47 votes. No word yet if Peterson plans to challenge the results. After all the votes were tallied, Democrat Amy “Murri” Briel defeated Republican Liz Bishop to replace retiring Representative Lance Yednock in the 76th District.
2025 Spring Session Key Dates and Deadlines:
January 2 – 7: Tentative Lame Duck SessionJanuary 8: Inauguration of the 104th General AssemblyJanuary 24: House and Senate LRB Request Deadline (LRB Blackout Begins)February 7: Deadline – Bill Introduction Deadline Both ChambersFebruary 19: Governor’s Budget and State of the State AddressMarch 21: Deadline – Committee Deadline Both ChambersApril 11: Deadline – Third Reading Deadline Both ChambersMay 9: Deadline – Committee Deadline Bills in Opposite ChamberMay 23: Deadline – Third Reading Deadline Bills in Opposite ChamberMay 31: Adjournment
GOVERNOR’S HIGHLIGHTS:
Cannabis Research Institute: Governor Pritzker joined key stakeholders for the launch event for the Illinois Cannabis Research Institute (CRI) – a joint effort supported by the State of Illinois and the City of Chicago. Housed within the University of Illinois System’s DPI, the CRI will use innovative research and data collection to deepen public understanding of cannabis. Its work will help shape the future of the industry, and inform policy on consumer protection, economic development, and equity. CRI strives to provide unbiased, factual information through research on agricultural crop management, health/medicinal effects, and social equity impacts. Read more here.
REV Agreement Governor JB Pritzker, Wiegel Tool Works, Inc., and the Illinois Department of Commerce and Economic Opportunity announced a Reimagining Energy and Vehicles in Illinois (REV Illinois) agreement. Under the agreement, Wiegel will invest $5.5 million to incorporate groundbreaking technology and expand its Wood Dale headquarters. This will enable Wiegel to make products that support Illinois’ clean energy goals by supplying the electric vehicle (EV) and renewable energy markets. Read more here.
First CEJA Funded Electric Vehicle Charging Station Opens: Governor JB Pritzker joined representatives from the Veterans Energy Team and Joliet officials to celebrate the opening of the first electric vehicle charging station funded under the Climate and Equitable Jobs Act (CEJA). The Illinois Environmental Protection Agency awarded a $480,000 grant to Veterans Energy Team, a local veteran-owned business that partnered with the Joliet Park District to install EV fast chargers at Inwood Athletic Club and Nowell Park.
The Illinois EPA is expected to announce in coming months additional grants from the second round of funding for EV charging infrastructure. This investment, made possible through CEJA and the Volkswagen Settlement, will install approximately 2,000 new fast-charging ports across the state over the next 18 months. The result: a tripling of public fast charging stations in Illinois. Read more here.
Electric Vehicle Charging Grant Available: The Illinois Department of Transportation announced the second funding opportunity through the Illinois National Electric Vehicle Infrastructure Program. This $24 million initiative will support the construction of electric vehicle charging stations statewide. Building on the 37 awards from the first NEVI funding round announced in September, the second opportunity aims to make approximately 20 additional awards. This aligns with Governor JB Pritzker’s goal of having 1 million electric vehicles on Illinois roads by 2030. Applications for funding must be submitted by Dec. 17; find materials at idot.click/drive-electric. Awards will be announced in early 2025. Read more here.
Local Tourism Funding Awarded: The Illinois Department of Commerce and Economic Opportunity awarded $857,000 in grant funding to 11 certified local tourism and convention bureaus across the state through the International Tourism Grant Program. The goal: growing Illinois’ tourism industry by increasing international travel through targeted marketing efforts in key markets such as Mexico, Canada, Germany, Austria, Switzerland, the UK, Ireland, France, India, Italy, Australia, and New Zealand. More info here.
RFP Issued to Rebuild Logan and Stateville Correctional Facilities: CDB and IDOC are issuing a Request for Proposal (RFP) to seek a qualified team with expertise in correctional facilities to rebuild Logan and Stateville Correctional Centers. This team —  called the Construction Management and Owner’s Advisor team — will oversee the design and construction of new facilities intended to provide a safe, secure environment for staff and individuals in custody, while also enhancing rehabilitation and reentry programs.
A Professional Services Bulletin (PSB #317-2) invites qualified firms to submit a proposal. To be eligible for the initial solicitation, firms must complete the pre-qualification process with CDB by December 16, 2024, where early preparation is highly recommended. Read more here.
Marshalltown Hammer Expansion: Governor JB Pritzker, the Illinois Department of Commerce and Economic Opportunity (DCEO), local leaders, and Marshalltown Hammer Company leadership gathered to announce new investments in Bushnell. The State of Illinois provided a $5 million grant to Marshalltown Hammer to establish operations in the former Vaughan & Bushnell facility. Marshalltown Hammer has committed to retaining at least 100 full-time jobs, investing in updated manufacturing equipment, and rebuilding inventory to continue tool production at the Bushnell site. Facility improvements will be made, too, include purchasing material handling equipment, repairing production equipment, and installing robotic grinding capabilities.
Gubernatorial Appointments: Governor Pritzker appointed the following:·      Howard Rosenblum will serve as a Member of the Human Rights Commission.·      Lisa Dziekan will serve as a Member of the Illinois Community College Board.·      Mary Kennelly will continue to serve as a Member of the Guardianship and Advocacy Commission.
OTHER NEWS:
Non-competes: Attorney General Kwame Raoul joined a coalition of 18 state attorneys general in filing an amicus brief supporting an FTC rule to ban noncompete clauses nationwide. The coalition argues these restrictive provisions limit employees’ ability to work for or launch competing businesses after leaving their current jobs. Raoul was joined in filing this latest brief by the attorneys general of California, Colorado, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington. Read more here.
BIPA Ruling: A federal judge ruled last week that recent changes to Illinois law limit the damages that can be claimed in lawsuits over Biometric Information Privacy Act (BIPA) violations. This is the first indication that courts are willing to apply the recent changes to the state’s biometric privacy law to cases already in progress.
In the ruling, Northern District of Illinois Judge Elaine Bucklo dismissed a lawsuit filed by John Gregg, a former employee of Michigan-based trucking company Central Transport LLC. Gregg had alleged that the company violated Illinois’ BIPA statute. Read more here.
Unpaid Wage Recovery: The Illinois Department of Labor and the Illinois State Treasurer are teaming up to return unpaid wages and penalties to Illinois workers.  Through a recent change to state law, Illinois workers can now search State Treasurer Michael Frerichs’ I-CASH website to claim any unpaid wages and penalties that the Illinois Department of Labor has recovered on their behalf.  
The recent change in state law extended the wage recovery period from one year to three, allowing the Illinois Department of Labor more time to locate employees owed back wages. Additionally, the law now permits IDOL to transfer unclaimed wages to the Unclaimed Property Trust Fund managed by Treasurer Frerichs after the three-year period, ensuring workers can still claim their rightful earnings. Read more here.