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Illinois Chamber Report from Springfield

Illinois Chamber Report from Springfield

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------------Report





April 19th, 2024


This Week in Illinois


Spring Session Update


The House returned to Springfield this week for five days while the Senate was in session for three, following the cancellation of today's action in the upper chamber.


It was a busy week on the floor in the House with today, April 19th being the third reading deadline. After the conclusion of today's action, over 300 bills passed out of the lower chamber, including some with extensive debate. Senate action on the floor was more limited throughout the week.


Relevant legislation that moved is highlighted in a section below.


A limited number of hearings are scheduled for next week. The House and Senate will return to Springfield on Tuesday, April 30th.


Click to view the House and Senate calendars.


Illinois Chamber Joins US Chamber Letter to EPA on CARB In-Use Locomotive Regulation


The Illinois Chamber of Commerce alongside chambers from across the country joined the US Chamber in urging the EPA to deny the California Air Resources Board's (CARB) application to exempt its In-Use Locomotive Regulation (Regulation) from the Clean Air Act. Provided below is an excerpt from the letter.


The overreach of the CARB Regulation is stunning. It would mandate zero-emissions locomotives in some cases by 2030 and across-the-board by 2035, even though the technologies necessary to achieve these reductions do not exist. 


Despite moving 40% of the nation’s long-distance freight by ton-mile, the sector accounts for only 0.6% of U.S. GHG emissions. Moreover, railroads are an essential freight transportation option for American businesses — including those in manufacturing, agriculture, retail, and energy production — in which scale of operations is critical to competing in the global market.


Allowing the Regulation to move forward would cause enormous and destructive impacts to America’s supply chains and economy, and likely increase greenhouse gas emissions.


California Regulation Would Be National Regulation. A very large portion of the locomotive fleet moves through the state of California each year, so railroads operating as far away as Montana, Pennsylvania, North Carolina, and even Maine and Florida would be forced to comply with California’s standard.

The CARB Regulation Threatens the U.S. Supply Chain. Railroads are developing new technologies to reduce emissions, but there are no viable, zero-emission locomotives that could be deployed at scale to meet the demands of the CARB Regulation. Without proven technology in place, the logistical challenges of complying with this Regulation would be enormous and complicate critical supply chains for energy products, food, intermodal deliveries, and service to America’s ports.

Freight Would Be Forced from Rail to Roads. It is hard to envision a scenario whereby trains would stop at the California border to change locomotives without significant impact on national supply chains, making diversion of freight off the rail network the most likely outcome.

The CARB Regulation Would Drive Short Line Railroads Out of Business. In California alone, short lines handle more than 260,000 carloads per year. Nationally, short line railroads handle 20 percent of rail cars at origin and destination, serving virtually every industry. Short lines do not have the capacity to replace their entire locomotive fleets to comply with the deadlines.

The CARB Regulation Would Harm the Largest Railroads and their Customers. Estimates suggest that Class I railroads would be required to deposit as much as $800 million per year, per railroad, for compliance with spending account provisions of the proposal. This capital drain could force major infrastructure improvements to be shelved, including those designed to reduce operations emissions and improve safety. Moreover, Union Pacific recently estimated that a fleet renewal as stipulated by the CARB Regulation would lead to more than $14 billion in cost increases passed on to consumers.


View the full letter, and the list of signees: HERE


Governor’s Health Care Priorities, HB 5395 passes the House


HB 5395, the Health Care Protection Act, was called on third reading late on Thursday evening, with the Governor on the floor for the debate. While opposition remains, floor amendment 4 to HB 5395 is representative of the ongoing discussions between all stakeholders involved in the Governor’s priority. The amendment makes a litany of changes to current law and still focuses on reforming or abolishing; prior-authorization, step-therapy, network adequacy standards, and network issues for mental health services. The merits of the legislation were debated over the course of roughly 45 minutes on the floor before ultimately passing the House 81-25-2.

 

The Illinois Chamber has been closely monitoring this process and will continue to do so as it is ever-evolving.




Join Opposition to SB 771, Wetlands Permitting


The Illinois Environmental Regulatory Group (IERG) and the Illinois Farm Bureau are leading opposition to SB 771 which concerns permitting for projects or development on wetlands in Illinois.


As currently written, the legislation allows anyone from any State to bring a private right Of action on a landowner or project before the Illinois Pollution Control Board. Additionally, the bill requires landowners and companies to determine through a consultant if they need a permit from Illinois DNR prior to receiving a permit from the State Agency. Even more, the bill regulates virtually any accumulation of water, regardless of size. Imposes significant $10,000 per day penalties on an unknowing home/property owner. The Illinois Chamber is opposed.


View the fact sheet to learn more Here. If you would like to add your organization's name, please contact Kelly Thompson or Alec Messina.




Engines for Economic Growth: Innovation and Energy


Economic development and business growth in a rapidly evolving world require building on a strong foundation, leading with innovation, investing in people, and collaborating across sectors.


Please join the Illinois Chamber of Commerce to discuss how business leaders are working together to build a strong economic future in Illinois.


This informative event is sponsored by Nicor Gas and hosted by Jenner & Block LLP.


Registration: Here


National Small Business Week


For more than 60 years, the U.S. Small Business Administration (SBA) has celebrated National Small Business Week, which acknowledges the critical contributions of America’s entrepreneurs and small business owners.


This year, National Small Business Week takes place April 28 - May 4, 2024, and is when SBA officially recognizes their hard work, ingenuity, and dedication, including their contributions to the economy. This year’s activities include in-person events and an educational virtual summit on a variety of business topics.


Learn more here.


Today's Action


The House was in session for this week's final day of work with action continuing into the late afternoon. The Senate adjourned yesterday, April 18th. Today, April 19th is House third reading deadline. Floor action was busy throughout the morning and afternoon. In place of our usual Rail Report, below is today's relevant floor action.


HB 3141, Global Warming Potential passed the House 66-39-0. This bill provides that the Department of Transportation (rather than the Department of Central Management Services), in consultation and collaboration with the Department of Central Management Services and the Capital Development Board (rather than without express provisions for consultation or collaboration), shall develop standards (rather than shall establish a maximum Global Warming Potential standard) for State purchases of appliances, concrete, asphalt, steel, and other building materials (rather than State purchases of vehicles, appliances, and building materials for use in State-funded infrastructure projects), subject to appropriation or the award of grant funding for this purpose (rather than without express limitations based on funding). Provides that, in developing these standards, the establishment of a maximum acceptable Global Warming Potential standard, as well as ways to promote and facilitate the use of life cycle assessments and environmental product declarations, shall be considered when considering bids for State-funded infrastructure projects.


HB 3763, Records Review-Neutral passed the House 71-35-0. This bill amends the Personnel Record Review Act to provide that every employee has a legal right to inspect and copy personnel-related documents. Requires an employee to make a written request to the employer before having a legal right to inspect, copy, and receive copies of specified documents, including any employment-related contracts or agreements that the employer maintains are legally binding on the employee. Modifies how requests must be made and the requirements of written requests. The right of the employee or the employee's designated representative to inspect personnel records does not apply to an employer's trade secrets, client lists, sales projections, and financial data. Modifies provisions on how the Act is administered and enforced, including requirements for commencing an action in circuit court. Prohibits an employer from including the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. An employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court.


HB 4846, BEP Goals passed the House 91-10-2. This bill further amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act to define the term "goal". Provides that the Business Enterprise Program may (in the introduced bill, shall) establish uniform standards for calculating contract specific Business Enterprise Program goals for State contracts and State construction contracts.


HB 5189, Fatalities Reporting-Support passed the House 105-0-0. This bill provides that all reports involving railroad fatalities and all communications between police officers and train crew members involved in those occurrences shall not be public reports and shall be maintained by the police departments in a manner that ensures their confidentiality. Provides that these reports shall be accessible at all reasonable times upon written request to the host railroad, to the employing railroad, by court order, and to others specifically authorized by court order to obtain the information if the access is necessary in the performance of their duties. Provides that all such reports shall be accessible at all reasonable times, upon written or electronic mail request, to law enforcement officers, State's Attorneys, or Assistant State's Attorneys. Directs persons in possession of train fatality reports to maintain those reports and to do so in a manner that preserves the confidentiality of the train crew's private information. Specifies that any reports made public shall have train crew members' private information redacted. Provides for the train fatality reports also to be available to Illinois Commerce Commission staff.


HB 5304, Highway Work Zone Speed Control passed the House 107-0-0. This bill creates the Highway Work Zone Speed Control Program. Provides that the Illinois Department of Transportation, in coordination with the Illinois State Police and Illinois State Toll Highway Authority shall administer the Program and operate automated traffic control systems in certain areas. Provides that signs indicating that work zone speeds are enforced by automated traffic control systems must be clearly posted in the areas where the systems are in use. Provides that the Illinois Department of Transportation shall employ automated traffic control system operators and may adopt rules necessary to establish requirements, duties, or restrictions concerning automated traffic control system operators. In a provision regarding a civil law violation and subsequent fine, provides that moneys designated for the Illinois Department of Transportation shall be remitted by the circuit court clerk within one month after receipt for deposit into the Transportation Safety Highway Hire-back Fund.


This Week's Floor Action of Note:


HB 4180 Mammograms-Neutral passed the House 111-0-0. The bill provides that in the Illinois Insurance Code and the Illinois Public Aid Code, requires coverage of molecular breast imaging (MBI) of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue or when medically necessary as determined by a physician licensed to practice medicine in all of its branches, physician assistant, or advanced practice registered nurse (rather than as determined by a physician licensed to practice medicine in all of its branches). Amends the Counties Code, the Illinois Municipal Code, and the Health Maintenance Organization Act. In provisions concerning coverage for mammograms, provides that coverage for certain types of mammography shall be made available to patients of a specified age (rather than only women of a specified age). Makes changes to require coverage for molecular breast imaging. The Chamber is neutral with amendment 2.


HB 4196, Fleet Electrification Incentives passed the House 69-38-1. This bill Requires the Environmental Protection Agency to establish a Fleet Electrification Incentive Program to provide fleet owners and operators in the State grants to promote the use of eligible electric vehicles. Provides that the Program shall offer qualifying purchasers a grant up to specified base amounts toward the purchase of eligible electric vehicles based on the Class of vehicle. This bill provides that the Agency shall use a points-based evaluation and shall award additional points to an application from an eligible purchaser whose eligible electric vehicles are to be domiciled in an equity investment eligible community.


HB 4441, Contracting Goals passed the House 84-28-0. This bill amends the Counties Code, the Township Code, the Illinois Municipal Code, the Downstate Forest Preserve District Act, the Park District Code, the Illinois Local Library Act, the Public Library District Act of 1991, the School Code. Provides that the board of trustees and corporate authorities of the various local governmental entities referenced in the named Acts and Codes may establish aspirational goals for the awarding of contracts to minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities.


HB 4451, Speed Camera Revenue passed the House 111-1-0. This bill establishes that a municipality that operates an automated speed enforcement system shall set aside 10% of the net proceeds from each system that generates more than $500,000 in revenue for the school or park in the safety zone in which the automated speed enforcement system is located.


HB 4566, Business Diversity Task Force passed the House 91-20-0. This bill creates the Diversity and Inclusion in Business Organization and Nonprofit Organization Leadership Task Force. Directs the task force to identify ways to increase diversity in business organization and nonprofit organization leadership.


HB 4629, Junk Fees-Opposed passed the House 71-35-1. This bill creates the Junk Fee Ban Act. Provides that it is a violation of the Act for a person to: (1) offer, display, or advertise an amount a consumer may pay for merchandise without clearly and conspicuously disclosing the total price; (2) fail, in any offer, display, or advertisement that contains an amount a consumer may pay, to display the total price more prominently than any other pricing information; (3) misrepresent the nature and purpose of any amount a consumer may pay, including the ability to refund the fees and the identity of any merchandise for which fees are charged; (4) fail to disclose clearly and conspicuously before the consumer consents to pay, the nature and purpose of any amount a consumer may pay that is excluded from the total price, including the ability to refund the fees and the identity of any merchandise for which fees are charged; or (5) offer, display, or advertise, including through direct offerings, third-party distribution, or metasearch referrals, a total price for a place of short-term lodging that does not include all required fees. Requires total price disclosures for retail mercantile establishments and food service establishments; and the disclosure of delivery fees. Provides for limitations of the Act. Provides that the Attorney General may enforce violations of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. House Amendment 3 addresses concerns from the AG and the cable/communications companies but leaves many concerns unaddressed from other aspects of the larger business community. While several industries are now exempted and have moved to neutral, others are still negatively impacted such as auto dealers, banking and credit unions, and third-party delivery services. The Chamber remains opposed in its current form.


HB 4645, State Bean passed the House 112-0-0. This bill provides that the soybean is designated as the official State bean of the State of Illinois.


HB 4651, EPA Filing Fees-Neutral passed the House 73-39-0. This bill provides that the filing fees for specified petitions shall be $250 (rather than $75).


HB 4661, Utility Infrastructure passed the House 112-0-0. This bill provides that no electric utility shall establish or maintain any unreasonable difference as to rates or other charges, services, contractual terms, or facilities for access to or the use of its utility infrastructure by another person or for any other purpose. Amends the Electric Service Customer Choice and Rate Relief Law of 1997. Prohibits an electric utility in a county with a population of 3,000,000 or more from authorizing any other person or granting any other person the right, by agreement, lease, license, or otherwise, to access, control, use, or operate any electric utility's infrastructure, facilities, or assets of any kind or to deliver or provide to the electric utility's retail customers or any other person's customers, broadband services, Voice over Internet Protocol (VoIP) services, telecommunications services, or cable or video programming services. Specifies, however, that an electric utility in a county with a population of 3,000,000 or more may authorize or grant another person the right to access or use the electric utility's infrastructure, facilities, or assets, including, but not limited to, middle mile infrastructure, to facilitate the delivery of broadband services to Illinois residential and commercial customers on the condition that the access to and use of that electric utility's infrastructure, facilities, and assets (A) be granted on a non-discriminatory, non-exclusive, and competitively neutral basis; and (B) comply with all other State and federal laws, rules, and regulations, including, but not limited to, all applicable safety codes and requirements. Provides that, if there is any dispute regarding the terms, rates, or conditions of access to or use of the electric utility's infrastructure, facilities, and assets to facilitate the delivery of broadband services to Illinois residential and commercial customers, then the Commission shall hear and decide the dispute upon petition of any party. Provides that nothing in the amendatory Act shall be construed to alter or diminish the rights or obligations of any person nor shall it be deemed to conflict with the federal Pole Attachment Act. Specifies that these prohibitions become inoperative after December 31, 2027. Provides that nothing in the amendatory Act shall be construed to authorize any electric utility in a county with a population of 3,000,000 or more to consent to, or grant to, any other person by agreement, lease, license, or otherwise, the right to access, occupy, or use any infrastructure, facility, easement, or asset of any kind not owned by the electric utility. Specifies that these prohibitions become inoperative after December 31, 2027.


HB 4742, Organ Donation Leave passed the House 85-26-0. This bill Provides that an employee or part-time employee (rather than an employee) may use up to 10 days of leave in any 12-month period to serve as an organ donor. Provides that, for a part-time employee using leave to serve as an organ donor, the employer shall calculate the daily average pay the part-time employee received during his or her previous 2 months of employment and compensate the part-time employee in the amount of the daily average pay for the leave days used.


HB 4757, Veteran Benefits Poster passed the House 114-0-0. This bill provides that the Department of Veterans Affairs shall create, and the Department of Labor shall make available, at no cost, a veterans and service members' benefits, services, and protections poster. Requires the poster to include, but not be limited to, information regarding free veterans' benefits and services provided by the Illinois Department of Veterans Affairs and other veterans service organizations, tax benefits, the Illinois veteran driver's license and non-driver veteran identification card, and Illinois protections for survivors of sexual violence in the military. Requires the poster to also include contact information for the United States Department of Veterans Affairs, the Illinois Department of Veterans Affairs; and the Veterans Crisis Line.



HB 4768, Landlord Retaliation passed the House 62-42-2. This bill creates the Landlord Retaliation Act. Declares that it is against the public policy of the State for a landlord to take retaliatory action against a tenant. Prohibits a landlord from knowingly terminating a tenancy, increasing rent, decreasing services, bringing or threatening to bring a lawsuit against a tenant for possessing or refusing to renew a lease or tenancy because the tenant has in good faith has taken certain actions, including but not limited to (i) complaining of code violations applicable to the premises to the relevant governmental agency responsible for enforcement of a building, housing, health, or similar code; (ii) complaining of a building, housing, health, or similar code violation, or an illegal landlord practice to a community organization or the news media; or (iii) complaining or requesting the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement. Creates remedies for violation by a landlord including damages, punitive damages, or recovering possession of the premises. Creates an affirmative defense under the Code of Civil Procedure in eviction actions if a landlord violates the Landlord Retaliation Act.


HB 4848, Load Covers passed the House 103-0-0. This bill provides that no person shall operate or cause to be operated, on a highway, a commercial motor vehicle, with the exception of a highway maintenance vehicle, transporting garbage or refuse unless the tailgate on the vehicle is in good working repair, good operating condition, and closes securely, with a cover or tarpaulin of sufficient size attached so as to prevent any load, residue, or other material from escaping. Provides that a violation of the provisions shall be a petty offense punishable by a fine not to exceed $150.Provides that a person, firm, or corporation convicted of 4 or more violations within a 12-month period shall be fined an additional amount of $150 for the fourth and each subsequent conviction within the 12-month period.


HB 4875, AI/Audiovisual passed the House 79-24-0. This bill grants additional enforcement rights and remedies to recording artists. provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence." This bill Provides that liability under the Act does not apply to a person that solely transmits or stores data or software, including any service provider, with respect to any unauthorized digital replica by reason of the storage at the direction of a user of material that resides on a system or network, if the person (1) (i) does not have actual knowledge that the material or an activity using the material on the system or network is unauthorized; (ii) is not aware of facts or circumstances from which unauthorized activity is apparent; or (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; and (2) does not receive a financial benefit directly attributable to the unauthorized activity; and (3) upon notification of claimed unauthorized activity, responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. Incorporates all of the elements of the safe harbor provisions of federal law for qualifying online service providers for claims relating to unauthorized digital replicas, and that this exemption applies without regard to whether the unauthorized version infringes copyright.


HB 4911, Fitness Service Contracts passed the House 114-0-0. This bill provides that every contract for physical fitness services shall provide that notice of cancellation be made in writing and delivered by certified or registered mail. Provides that notice of cancellation may also be made by the email address provided in the contract, if an email address was provided.


HB 4916, Prompt Pay passed the House 73-39-0. This bill amends the Code of Civil Procedure. Provides that the provisions for prompt settlement of claims apply to a personal injury, property damage, wrongful death, tort, or other private action. Provides that if there is a conflict between the amendatory Act and the Workers' Compensation Act, the provisions of the Workers' Compensation Act controls.


HB 5047, Nurse Licensure passed the House 109-0-0. This bill provides that the privilege to practice as a license-pending practical nurse shall terminate once 6 months (rather than 3 months) have passed since the official date of passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. Provides that the privilege to practice as a license-pending registered nurse shall terminate once 6 months (rather than 3 months) have passed since the official date of passing the licensure exam as inscribed on the formal written notification indicating passage of the exam. Provides that a licensed advanced practice registered nurse certified as a nurse midwife, clinical nurse specialist, or nurse practitioner who files with the Department of Financial and Professional Regulation a notarized attestation of completion of at least 250 hours of continuing education or training in the advanced practice registered nurse's area of certification and at least 4,000 hours of clinical experience after first attaining national certification and thus having met the requirements to be granted full practice authority shall be granted the authority to practice as a full practice authority-pending advanced practice registered nurse under the supervision of a full practice advanced practice registered nurse or a physician for a period of 6 months.


HB 5138, IDOT Studies/Local Government passed the House 109-0-0. This bill Provides that upon request by a unit of local government, the Department shall make available any study or survey completed by the Department that concerns traffic or the environmental impact on road construction projects. Allows a study or survey conducted by the Department to be substituted for a study or survey required by a unit of local government for construction projects affecting a portion of a State right-of-way. Provides that studies or surveys prohibited from disclosure by State or federal statutory confidentiality restrictions are not required to be made available.


HB 5142, Pregnancy-Related Services Coverage passed the House 72-37-0. With amendment 5, the bill provides that coverage for abortion care may not impose any deductible, coinsurance, waiting period, or other cost-sharing limitation, except to the extent that the coverage would disqualify a high-deductible health plan from eligibility for a health savings account (rather than coverage for abortion care may not impose any deductible, coinsurance, waiting period, or other cost-sharing limitation that is greater than that required for other pregnancy-related benefits covered by the policy). Defines "perinatal doula" and "lactation consultant". Provides that coverage for postpartum services shall apply for all covered services rendered within the first 12 months after the end of pregnancy (rather than the coverage shall apply for at least one year after the end of pregnancy), except that a policy is not required to cover more than $8,000 for doula visits for each pregnancy and subsequent postpartum period. Provides that all outpatient coverage, other than health care services for home births, required under a provision concerning coverage for pregnancy, postpartum, and newborn care must be provided without cost sharing, except that, for mental health services, the cost-sharing prohibition does not apply to inpatient or residential services, and, for treatment of substance use disorders, the prohibition on cost-sharing applies to the levels of treatment below and not including Level 3.1 (Clinically Managed Low-Intensity Residential) established by the American Society of Addiction Medicine.


HB 5277, Transit to Trails Program passed the House 95-17-0. This bill requires the Secretary of Transportation to establish a program through which the Secretary shall award grants to eligible entities for projects that facilitate travel by public transportation to public outdoor recreation sites for outdoor activities, including hiking, biking, boating, picnicking, hunting, fishing, wildlife observation, or other nature-based activities. Provides that the Secretary shall offer grants through the Transit to Trails program on an annual basis. Requires the Department of Transportation to adopt rules necessary to implement and administer the program. Provides that, in considering grant applications, the Department shall prioritize projects with demonstrated intent to enhance access to outdoor recreation opportunities for populations in greatest need of improved access to outdoor nature-based recreation.


HB 5313, Network Adequacy passed the House 107-5-0. This bill provides that a network plan shall, at least annually, audit (instead of audit periodically) at least 25% of its provider directories for accuracy, make any corrections necessary, and retain documentation of the audit. Provides that the network plan shall submit the audit to the Department of Insurance (instead of to the Director of Insurance upon request). Provides that the Department shall make the audit publicly available. Provides that a network plan shall include in the print format provider directory (i) a detailed description of the process to dispute charges for out-of-network providers or facilities that were incorrectly listed as in-network prior to the provision of care and (ii) a telephone number and email address to dispute those charges. Makes changes to the information that must be provided in a network plan's electronic and print directory. Requires the Director to conduct random audits of the accuracy of provider directories for at least 10% of plans each year. Provides that a consumer who incurs a cost for inappropriate out-of-network charges for a provider, facility, or hospital that was listed as in-network prior to the provision of services may file a verified complaint with the Department, and the Department shall conduct an investigation of the verified complaint and determine whether the complaint is sufficient. Provides that, upon a finding of sufficiency, the Director shall have the authority to levy a fine for not less than the cost incurred by the consumer for inappropriate out-of-network charges for a provider, facility, or hospital that was listed in-network. Provides that the fines collected by the Director shall be remitted to the consumer.


HB 5395, Health Insurance passed the House 81-25-2. This bill provides that the amendatory Act may be referred to as the Health Care Protection Act. In the Network Adequacy and Transparency Act, provides that the Department of Insurance shall enforce certain network adequacy and transparency standards for stand-alone dental plans for plans amended, delivered, issued, or renewed on or after January 1, 2025. Provides that for the Department to enforce any new or modified federal standard before the Department adopts the standard by rule, the Department must, no later than May 15 before the start of the plan year, give public notice to the affected health insurance issuers through a bulletin. Further amends the Illinois Insurance Code, makes changes concerning provider directories. Creates the Uniform Electronic Provider Directory Information Form Task Force. Requires the Department of Insurance, with input from the Uniform Electronic Provider Directory Information Form Task Force, to develop and publish a uniform electronic provider directory information form that issuers shall make available to providers to notify the issuer of the provider's currently accurate provider directory information. Provides that certain provisions concerning prosthetic and customized orthotic devices do not apply to certain other fixed indemnities. Requires the Department to create a template for drug formularies by March 31, 2025. With regard to a prohibition on certain step therapy requirements, removes an exception for the Department of Healthcare and Family services. Makes changes concerning the calculation of a cost-sharing reduction defunding adjustment factor; retrospective review of coverage for inpatient mental health treatment at participating hospitals; the definition of "step therapy requirement"; concurrent review; and standards for utilization review criteria. Makes other changes. Amends the Illinois Health Benefits Exchange Law. Provides that beginning for plan year 2026, if a health insurance issuer offers a product as defined under federal regulations at the gold or silver level through the Illinois Health Benefits Exchange, the issuer must offer that product at both the gold and silver levels. Provides that no later than October 1, 2025 (rather than July 1, 2025), insurance companies that use a drug formulary shall post the formulary on their websites. Amends the Managed Care Reform and Patient Rights Act. Makes changes concerning definitions and utilization review programs. Further amends the Prior Authorization Reform Act. Changes the definition of "medically necessary".


HB 5408, O'Hare Driver Safety passed the House 106-1-0. This bill Provides that a person operating a motor vehicle shall not stop or stand the person's vehicle on a shoulder of a highway along traffic routes within a one-half mile radius of: (1) the eastern entrance to O'Hare International Airport; and (2) the intersection of Interstate 90 and Interstate 294 (rather than a 2-mile radius surrounding O'Hare International Airport). Requires the Illinois Toll Highway Authority to install and maintain automated traffic safety systems along traffic routes within a one-half mile radius of: (1) the eastern entrance to O'Hare International Airport; and (2) the intersection of Interstate 90 and Interstate 294 (rather than a 2-mile radius surrounding O'Hare International Airport). Provides that language prohibiting stopping or standing within one-half mile of O'Hare International Airport do not apply if the driver of the vehicle received a Uniform Traffic Citation from a police officer at the time of the violation for the same offense. Provides that recorded images made by an automated traffic safety system are confidential and shall be made available only (i) to the alleged violator and governmental and law enforcement agencies; or (ii) in response to a lawful subpoena. Provides that a recorded image evidencing a violation of this Act may be admissible in a proceeding resulting from the issuance of a citation. Provides that proceeds from fines shall be deposited into the State Police Law Enforcement Administration Fund.


HB 5459, Water Usage Data passed the House 113-0-0. This bill provides that in the case of a public utility that provides drinking water services, upon the request of a municipal wastewater agency or unit of local government organized under specified Acts, such public utility shall provide timely and accurate water usage data, in a format identifiable to the requester, for purposes of calculating wastewater billings. Provides that the public utility shall be entitled to collect its reasonable costs incurred to provide such data.


HB 5479, Progressive Design Build passed out of the House 101-9-0. This bill provides that the Capital Development Board may elect to use the progressive design-build delivery method. Provides that "progressive design-build delivery method" means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. Sets forth other provisions concerning procedures for selection and submission of qualifications, the award of contracts, pricing, and federal requirements.


HB 5496, South Suburban Airport passed the House 72-35-0. This bill Provides that in addition to the prequalification process under the Act, the Department of Transportation shall accept any unsolicited bids for the South Suburban Airport received pursuant to the Public-Private Partnerships for Transportation Act. Provides that nothing within the provisions shall be construed to restrict the obligations of the Department to respond to any unsolicited bids under the Public-Private Partnerships for Transportation Act. Amends the Public-Private Partnerships for Transportation Act. Provides that "transportation facility" includes the South Suburban Airport.


HB 5511, Bid Preference passed the House 110-0-1. This bill amends the Illinois Procurement Code. In a provision concerning bid preferences for Illinois businesses, makes changes to the definition of "Illinois business". Provides that the chief procurement officer shall require at the time of submission of a bid, and may require at the Chief Procurement Officer's option at any time during the term of the contract, that the bidder or contractor submit an affidavit and other supporting documents demonstrating that the bidder or contractor is an Illinois business and, if applicable, submit an affidavit and other supporting documents demonstrating that the bidder or contractor is eligible for a 4% bid preference under the provisions. Provides that if a contractor who is awarded a contract through the use of a preference for Illinois businesses provided false information in order to obtain that preference, then the contractor is subject to disciplinary procedures under the Act.


HB 5606, Business and Nonprofit Assistance passed the House 88-19-0. This bill Creates the Office of Economic Equity and Empowerment. Provides that the Office shall assist minority-owned businesses, women-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, and other underserved communities and constituencies through targeted programs, resources, and outreach and promotional activities. Provides that the Office may engage in or conduct promoting and conducting outreach efforts to ensure access to State and federal funding opportunities, and assisting minority-owned businesses, women-owned businesses, veteran-owned businesses, and businesses owned by persons with disabilities and other underserved communities and constituencies in applying for and receiving loan funds in the State. Provides that the Office may engage in other specified workshops, public forums, and other functions that assist minority-owned businesses, women-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, and other underserved communities and constituencies.


SB 2637, Food Additives-Opposed passed the Senate 37-15-0. This bill provides that, beginning January 1, 2027, a person or entity shall not manufacture a food product for human consumption that contains brominated vegetable oil, potassium bromate, propylparaben, or red dye 3. Beginning January 1, 2028, prohibits the sale, distribution, holding, or offering of a food product for human consumption that contains those substances. Provides that a person or entity that violates the prohibition shall be liable for a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation.


HB 2842, Auto Insurance passed the House 80-29-0. This bill provides that any policy of automobile insurance that carries comprehensive coverage may not exclude theft coverage for lack of evidence of forcible entry or for the insured leaving the vehicle unlocked or leaving a key or key fob in the motor vehicle. Provides that no company authorized to transact insurance business in the State and no officer, director, agent, clerk, employee, or broker of such company shall upon proper application refuse to provide insurance on the basis of the specific geographic location of the risk sought to be insured (rather than solely on the basis of the specific geographic location). Provides that making or permitting any unfair discrimination between individuals or risks of the same class or of essentially the same hazard and expense element because of the geographic location of the insurance risks or applicants is an unfair method of competition and unfair and deceptive act or practice in the business of insurance.


SB 3235, Financial Institutions Study passed the Senate 39-19-0. This bill requires the Commission on Equity and Inclusion to conduct studies to: (1) identify and delineate geographies in Illinois exhibiting significant disparities by protected classes as identified by the Human Rights Act with respect to access to financial products or services and lending and investments by covered financial institutions; (2) identify policies, procedures, patterns, or practices that have or may have a disparate impact or discriminatory effect; and (3) identify opportunities for establishing and growing Banking Development Districts in geographic locations where there are the greatest underbanked and unbanked populations and opportunities for partnerships between depository institutions and local communities. Authorizes the Secretary of Financial and Professional Regulation to implement the findings and other results from such studies into the examination process through rules adopted in accordance with the Illinois Administrative Procedure Act. Provides that any costs incurred by the Commission in conducting such studies shall be subject to appropriation. Directs the Commission to provide reports of its findings and furnish copies of the reports to the General Assembly and the Secretary. Requires the results of every study performed under the Act to be publicly available on the websites of the Commission and the Department of Financial and Professional Regulation. Provides that the Commission may contract with a qualified person or entity to design and conduct the studies.


SB 3592, Journalism passed the Senate 43-13-0. This bill creates the Strengthening Community Media Act. Provides that a local news organization shall not be sold to a company without giving written notice 120 days before the sales occurs to specified individuals and organizations. Amends the Higher Education Student Assistance Act. Creates the Journalism Student Scholarship Program. Provides that the Illinois Student Assistance Commission shall award scholarships to students who will work at a local news organization in the State for a period of not less than 2 years.


Committee Action of Note:


On Wednesday, a subject matter hearing was held in Senate Revenue Committee. Of note, SB 2201 and SB 2784 were both discussed in committee. SB 2201 is an Illinois Chamber initiative concerning the taxation of leased property. Tax Insittute Executive Director Keith Staats provided testimony in support of the bill. The Illinois Chamber opposes SB 2784 which would impose a cargo transportation fee on interstate and intrastate carriers transporting certain goods to 3,500-acre intermodal facilities.


SB 2234, SFA 5, Financing-Opposed was recommended be adopted in Committee. This bill creates the Small Business Financing Transparency Act. Sets forth provisions concerning registration requirements for persons providing commercial financing; additional registration information; registration expiration; functions, power, and duties; subpoena power of the Secretary of Financial and Professional Regulation; disclosure requirements; commercial financing disclosure forms approved for use in other states; violation of disclosure requirements; notification; suspension of registrations, civil penalties, and other discipline; investigation of complaints; confidentiality; appeal and review; registration fees; cease and desist orders; injunctions; exemptions; complaint disclosure; rules; violations; limitations on liability; beginning of registration; beginning of disclosure requirements; severability; and a commercial financing database. While we do appreciate the Sponsor accepting some of the opposition's language, the Chamber remains opposed.

Connect with the Chamber

If you have questions about the Government Affairs Report, contact Andrew Cunningham at acunningham@ilchamber.org. Do not reply to this email. 

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