05/22/2023 | Press release | Distributed by Public on 05/22/2023 11:43
Note: some of this legislative information is not directly related to public health, but it may affect an LHD's jurisdiction, community, or populations so it is being shared for awareness purposes.
103rd ILLINOIS GENERAL ASSEMBLY:
While the General Assembly completed most of its work by Friday's self-imposed early adjournment deadline, work remains to be done on the budget, the substantive legislation necessary to implement the budget and a handful of other matters. Both chambers worked into the night on Friday and then adjourned until Wednesday, May 24. The Senate is scheduled to be in session Wednesday and Thursday. The House is scheduled to be in session Wednesday, Thursday, and Friday although leadership has not ruled out the possibility of needing to be in session on Saturday as well. The new fiscal year starts July 1.
Traditionally, adjournment is scheduled for May 31 - after which it takes a super majority vote to pass legislation that contains an immediate effective date (like the budget). That date carries less significance now that Democrats hold supermajorities in both chambers.
Budget negotiations are taking longer than expected. One of the big obstacles is the soaring cost of a program that provides healthcare to immigrants. Costs were vastly underestimated for the existing population (ballooning over $1 billion) and advocates are seeking to further expand the program to cover individuals ages 19 to 41. Requests are also being made for increased reimbursement rates for Medicaid providers, hospitals, and front-line workers who provide care for adults with developmental disabilities as well as possibly offering universal pre-school. These spending pressures are further complicated by slowing state tax revenue and economic uncertainty nationwide. Governor Pritzker remains adamant that he wants a "balanced" budget.
Several large legislative packages emerged Friday afternoon. Several were "agreed" bipartisan efforts, although a few were controversial. They are positioned for passage next week and detailed below.
Omnibus Revenue Package: HFA # 1 to SB 1963 (Gillespie/Tarver) represents the 2023 omnibus revenue package. Passed the House 79-25-2 and heads to the Senate for concurrence. It:
Biometric Information Privacy Act: SFA # 1 and to HB 3811 (Burke/Cunningham) amends the Biometric Information Privacy Act (BIPA). Defines "electronic signature" and "in writing," and provides that "written release" also means an electronic signature. Provides that, in actions brought under the Act, a prevailing party may recover against a private entity (that negligently violates the Act) liquidated damages of $1,500 (rather than $1,000) or actual damages -- whichever is greater. Provides that a private entity that, in more than one instance, (i) collects, captures, purchases, receives through trade, or otherwise obtains or (ii) discloses, rediscloses, or otherwise disseminates the same biometric identifier or biometric information from the same person (in violation of specified provisions of the Act) has committed a single violation.
The business community adamantly opposes the legislation. While it negotiated changes to the BIPA law this session, this final proposal reflects few, if any, of its requested changes. Further, the final product increases fines under the Act by 50% and opens the law up for additional lawsuits. Both Amendments were postponed in the Senate Executive Committee. It's uncertain if they will be called next week.
Omnibus Cannabis Package: HFA # 1 and # 2 to SB 1559 (Murphy/Ford) is an omnibus cannabis package. Both amendments are pending before the full House. The legislation:
SB 1559 passed both houses, as amended, and heads to the Governor's desk.
Patient and Provider Protection Act Trailer Bill: SB 1561 (Villanueva/Cassidy), as amended, is the second trailer bill to the Patient Provider and Protection Act this session. Prompted by the IDPH need for more time to implement the Abortion Care Clinical Training Program Act, this bill delays the effective date until January 1, 2025. Amends the Criminal Identification Act (to change the definition of "lawful health care"); amends the Accident and Health Article of the Illinois Insurance Code (to mandate coverage of preventive health services); and amends the Medical Practice Act of 1987 (regarding postgraduate training exemption periods and visiting rotations). SB 1561 passed the House by a vote of 70-34-1 and heads to the Senate for concurrence.
Automated Traffic Enforcement Reforms: HB 3903 (Davis/Murphy), as amended, attempts to address the ongoing ethical concerns over automated law enforcement systems. HB 3903 passed the Senate unanimously and heads to the House for consideration. Specifically, the legislation:
Omnibus Procurement Package: HB 2878 (Hoffman/Castro), the 2023 procurement omnibus, makes several changes in that area. The bill passed the Senate 54-2 and heads to the House for concurrence.
Gaming: HFA # 5 to SB 1996 (Peters/Buckner) seeks to prevent the Gaming Board from issuing licenses to those who have engaged in certain illegal activities. The legislation targets situations in the past where the Gaming Board granted a video gaming license to individuals like Jeffery Bertucci despite his mob ties and illegal activities. Further allows the Board to refuse an occupational license to any person whose background poses a threat to the public interests of the State or to the security and integrity of gaming. Establishes criteria for the Board to use in evaluating criminal convictions of an applicant. HFA # 5 is assigned to the House Rules Committee.
Omnibus Elections Package: SB 2123 (Morrison/Stuart), as amended, represents an omnibus elections package that:
SB 2123 passed the House Ethics and Elections Committee 10-6 and is pending before the full House.
Omnibus TIF Package: HB 2518 (Croke/Turner) represents an omnibus TIF package. Extends TIFs for a number of communities, including the Village of Channahon, the City of Peoria, the City of Rock Island, the City of Champaign, the Village of Evergreen Park, the City of Chicago and the City of Sparta. Changes the Tourism Preservation and Sustainability District Act. Addresses aspects of the Sangamon County Board and improvements to the Bank of Springfield Center, specifically directing that a petition, resolution of intent, district plan, and ordinance to create a tourism preservation and sustainability district may include an initial term of up to 20 years if the ordinance is adopted on or after July 1, 2023 and on or before December 31, 2023. HB 2518 passed the Senate 51-1 and heads to the House for concurrence.
Omnibus Property Tax Package: HB 2507 (Croke/Villanueva), as amended, represents an omnibus property tax package. HB 2507 passed the Senate unanimously and heads to the House for concurrence. The legislation:
Punitive Damages: HB 219 (Hoffman/Harmon), as amended, allows for punitive damages to be awarded in wrongful death cases. The bill exempts local and state governments (and their employees), as well as legal and medical malpractice. An initiative of the Illinois Trial Lawyers, the legislation was filed as an amendment this week, quickly passed both houses, and heads to the Governor's desk. The business and insurance communities oppose the legislation.
Firearm Industry Responsibility Act: As amended, HB 218 (Gong Gershowitz/Harmon) amends the Consumer Fraud and Deceptive Business Practice Act to subject the sale and marketing of firearms to the Act and allow private citizens, the attorney general, and counties to sue firearm industry members. HB 218 passed both houses and heads to the Governor's desk.
Insurance Supplier Diversity: Senator Harris filed SFA # 1 to HB 2089 (Jones/Harris) which requires every insurance company (with assets of at least $50 million) authorized to do business in the State or accredited by the State to submit to the Department of Insurance a report on its voluntary supplier diversity program, or the company's procurement program if there is no supplier diversity program. Requires companies to submit a report to the Department on April 1. The Department will publish the results of supplier diversity reports on its website for five years. Requires the Department to hold an annual supplier diversity workshop to discuss the reports with representatives of the companies and vendors. HB 2089 passed the Senate unanimously and heads to the House for concurrence.
Omnibus Firearm Legislation: While the House passed an omnibus firearm package last week, the Senate has yet to act on it. HB 676 (Hirschauer/Harmon) creates a Task Force on Firearm Insurance; requires a FOID card to possess or use prepackaged explosives like Tannerite; extends and makes changes to the First Time Weapon Offender Program; and alters the Firearms Restraining Order and Domestic Violence Act. The bill remains in the Senate Committee on Assignments.
Environmental Justice: Environmental Justice legislation, HB 2520 (Harper), failed for a second time in the House this week, by a vote of 57-48. The bill - which would have needed 60 votes to pass - would have reformed the process for permitting construction of new sources of air pollution, including adding a new fee structure. HFA # 1 was adopted which removes the $200,000 permit fee imposed in the underlying bill. The bill is supported by environmentalists while the business community remains opposed.
Reproductive Health: HB 3326 (Williams/Feigenholtz) is an initiative of the Secretary of State which will ensure that automatic license plate readers are not used to target individuals from out-of-state seeking access to reproductive healthcare or to track their immigration status. HB 3326 passed the Senate 39-15 and now heads back to the House for concurrence.
State-based Health Insurance Exchange: Legislation to create a state based health insurance exchange, HB 579 (Gabel/Harmon), is pending on 3rd Reading in the Senate. Under the bill, Illinois will transition to a full state-based exchange in 2026. The Governor's proposed budget targets $10 million for start-up costs. Once Illinois fully transitions to the state-based exchange, the exchange will be funded through an assessment on insurers who participate in the program.
Prescription Affordability: HB 2189 (Ladish Douglass/Murphy) caps insulin at $35 per month and creates a discount program that allows participants to purchase insulin at a discounted, post-rebate price. HB 2189 passed both House and heads to the Governor's desk.
HB 3957 (Syed/Koehler) prohibits a manufacturer or wholesale drug distributor from engaging in price gouging in the sale of an essential off-patent or generic drug and gives the Attorney General the ability to investigate price gouging. As amended, the Attorney General is allowed (rather than required) to send a notice to the manufacturer or distributor requesting a statement if the AG believes that they violated the Act. The amendment further requires HFS (instead of CMS) to notify the AG of any increase in the price of any essential off-patent or generic drug under the State health plan that constitutes price gouging. The AG's Office testified that it does not have the staff or expertise to perform the tasks of the bill. HB 3967 passed both houses and heads to the Governor's desk.
Broadband SB 851 (Ventura/Hoffman) requires the Broadband Advisory Council to evaluate the expansion of the Illinois Century Network to Illinois public schools, public libraries, and State-owned correctional facilities -- including issuing recommendations for increasing agency staffing, infrastructure development, price modeling, and providing download speeds of at least one gigabyte per second and upload speeds of at least one gigabyte per second. Requires the Council to study the feasibility of connecting all Illinois public schools, public libraries, and State-owned correctional institutions or facilities to the Illinois Century Network by January 1, 2030. SB 851 passed both houses and heads to the Governor's desk.
SFA # 1 to HB 3808 (Andrade/Cunningham) prohibits a participating utility in Cook County from making available to its customers broadband services, voice-over-internet-protocol services, telecommunications services, or cable or video programming services, unless they are part of a service directly related to delivery services or Smart Grid functionality or applications. Recovering the costs of such offerings from retail customers would also be prohibited. SFA # 1 is assigned to the Senate Executive Committee.
Healthcare Mergers and Acquisitions: HB 2222 (Gong-Gershowitz/Gillespie) requires that the Attorney General be notified of mergers and acquisitions of certain health care facilities and large provider organizations. Allows the Attorney General to impose penalties for failure to report these actions. The bill, an initiative of the AG, passed both houses and heads to the Governor's desk.
Ethics Reform: Representative West, who chairs the House Ethics and Elections Committee, says work will continue over the summer on a larger ethics package.
Public Transit Package: HB 1342 (Buckner/Villivalam)is a comprehensive public transit package addressing public safety, transparency, transit barriers, an extension of the FTA fare box recovery ratio for two years, and measures towards a green future. Passed both houses and heads to the Governor's desk.
Property Tax Sale Reform: The Illinois House approved SB 1675 (Villanueva/Buckner) which, as amended, reforms Illinois' property tax sale process. The legislation (1) allows local counties and municipalities to quickly intervene after failed delinquent tax sales to save abandoned properties; (2) reduces taxpayer funded payouts to property tax buyers by narrowing the sale in error loopholes; (3) cuts in half the monthly interest rate on delinquent taxes for homeowners from 1.5% to .75%; and (4) eliminates tax buyer leverage in Cook County which makes the scavenger sale optional. SB 1675 now heads to the Senate for concurrence. SB 1675 is pending in the Senate on the order of concurrence.
Venue Shopping: Senator Harmon filed SFA # 2 to HB 3062 (Olickal/Harmon) which limits venue shopping in cases challenging the constitutionality of state statute or Executive Order. Specifically, the legislation provides that, if an action is brought against the State (or any of its officers, employees, or agents acting in an official capacity) seeking declaratory or injunctive relief against any State statute, rule, or executive order based on an alleged violation of the Constitution of the State of Illinois or the Constitution of the U.S., venue in that action is proper only in the County of Sangamon and the County of Cook. HB 3062 passed the Senate 37-16 and heads to the House for concurrence.
Halal and Kosher Food Offerings: HB 3643 (Rashid/Villivalam) requires public schools, the University of Illinois hospital, and state correctional facilities - beginning in July of 2024 - to offer religious meals including Halal and Kosher Foods. Further requires ISBE to engage in a master contract to allow schools to execute the provisions of the legislation. ISBE testified in opposition to the legislation. HB 3643 passed the Senate 39-19, as amended, and heads to the House for concurrence.
Omnibus Sunset Extension: SB 89 (Harris/Rita) is an omnibus sunset extension bill which extends the repeal dates for seven items including cocktails-to-go and for the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. SB 89 passed the House unanimously, as amended, and heads to the Senate for concurrence.
Grocery Initiative: SB 850 (Belt/Canty) directs the state's Department of Commerce and Economic Opportunity to establish the "Grocery Initiative," a program that would study "food deserts" in Illinois and provide grants to new or existing grocery stores in these areas. Passed the House 96 -17 and heads back to the Senate for concurrence.
Passed Both Houses:
The following bills passed both houses and head to the Governor's desk for signature.
New Member: On Saturday, local Democrats selected Kimberly Neely du Buclet to replace former Representative Lamont Robinson in the 5th district. Du Buclet was a State Representative from 2011- 2013 and has been serving on the Metropolitan Water Reclamation District since 2018.
GOVERNOR'S HIGHLIGHTS:
Gubernatorial Appointments: The Governor appointed the following:
OTHER Illinois NEWS: Brandon Johnson was sworn into office Monday as the 57th Mayor of the City of Chicago. Johnson delivered a hopeful inauguration speech, promising to bring the "soul of Chicago" to City Hall and pledging to turn the tide of the city's challenges so that future residents can "tell a different story." The City Council was also sworn into office on Monday, including 14 new members. After taking office, Mayor Johnson immediately issued four executive orders to boost youth employment and create Deputy Mayors for Immigrant, Migrant, and Refugee Rights; Community Safety; and Labor Relations.
FEDERAL BUDGET NEWS: U.S. House-passed legislation to raise the federal debt ceiling includes provisions to slash nondefense discretionary spending. The bill would roll-back spending in FY 2024 to FY 2022 levels, resulting in harmful cuts to programs that address public health infrastructure, opioid addiction, maternal mortality, infectious and chronic disease and many more. The House legislation also includes harmful cuts to Medicaid and SNAP and would roll back important clean energy and climate programs.
Take a moment to contact your members of Congress and urge them to oppose the inclusion of any funding cuts or other anti-public health provisions in any final debt limit legislation.