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Session Update
While no floor action is occurring, both the House and Senate
held virtual committee hearings this week. Bills have still been debated
and passed out of the various committees. Next week, both the House and
Senate will continue virtual hearings. However, the Senate is scheduled to
return to Springfield on Tuesday, March 9th. All Senate proceedings can be
viewed live here
and all House proceedings can be viewed live here.
Illinois Democratic Party Elects New Chair
Earlier this week, Illinois Democrats elected a new party
Chair. Congresswoman Robin Kelly, a Member of the US House since 2013, currently
represents the South suburbs of Chicago. Kelly was elected in a close vote
over Chicago Alderman Michelle Harris. Kelly will succeed Former Speaker
Michael Madigan who served as Party Chair since 1998.
Tribune Highlights Chamber Bill on COVID-19 Liability for
Businesses
In the editorial titled "Gov.
Pritzker, protect ‘health care heroes’ from excess litigation over
COVID-19" the Chicago Tribune highlighted legislation sponsored by Rep.
Batinick (R) that limits liability for businesses operating during the
COVID-19 pandemic. The COVID-19
Liability Act creates a higher burden of proof for plaintiffs
bringing lawsuits against businesses during the ongoing public health
emergency. The Tribune article specifically highlights the potential
benefit for healthcare facilities.
Earlier this week, the Washington Examiner also highlighted
COVID-19 liability legislation in Illinois. The full article can be read here.
Impact on Hospitality Industry
Yesterday, the Senate Tourism & Hospitality Committee held
a hearing on the continued loss of state and local revenue due to the
COVID-19 pandemic and the associated restrictions imposed. Witness
testimony by a representative of the Chicago labor community was provided
for the hearing. The witness, Bob Reiter of the Chicago Federation of
Labor, talked about the State's need for a transition out of Phase 4
mitigations, which sets capacity limits at 50 individuals, and the dire
impact on locations like McCormick Place. Reiter said there needed to be a
reform of the metrics that emphasized an individual location's capabilities
and moves away from a one-size-fits-all approach.
Comptroller Susana Mendoza also provided testimony. Mendoza
said that bringing conventions and other events back to Illinois will take
time and is more than "flipping a switch." Mendoza did say that
Illinoisans should plan for conventions in the Fall and the real
possibility of the annual State Fair in the summer. Prior to the pandemic,
the tourism industry in Illinois brought in $43 billion and supported
350,000 jobs not including the associated restaurant workers. To amplify
the loss of revenue, Mendoza said that the Chicago hotel tax, which
generated $125 million for the state prior to the pandemic, only brought in
$29 million in 2020. Legislation to Watch:
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HB
3003 (Batinick) COVID 19 Liability Act
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Creates the COVID-19 Liability Act. Provides that a
person may bring a coronavirus exposure action under certain circumstances.
Provides that no individual or entity engaged in businesses, services,
activities, or accommodations shall be liable in any coronavirus exposure
action unless the plaintiff proves specified elements by clear and
convincing evidence. Provides that a person may bring a coronavirus-related
medical liability action under certain circumstances. Provides that no
health care provider shall be liable in a coronavirus-related medical
liability action unless the plaintiff proves certain requirements by clear
and convincing evidence. Provides that if any person transmits or causes
another to transmit in any form and by any means a demand for remuneration
in exchange for settling, releasing, waiving, or otherwise not pursuing a
claim that is, or could be, brought as part of a coronavirus-related
action, the party receiving such a demand shall have a cause of action for
the recovery of damages occasioned by such a demand and for declaratory
judgment if the claim upon which the demand letter was based was meritless.
Provides that an employer conducting testing for coronavirus at the
workplace shall not be liable for any action or personal injury directly
resulting from such testing. This is a Chamber Initiative.
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HB3090 (Harper) Environmental
Justice
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This bill creates the Environmental Justice Act. Creates
the Illinois Environmental Justice Advisory Council to provide independent
advice and recommendations to the Governor, the Environmental Protection
Agency, and the other State agencies about broad, cross-cutting issues
related to environmental justice and on policies, practices, and specific
actions. Requires the Agency to: (1) develop and implement a strategy prioritizing
enforcement in neighborhoods with environmental justice populations; (2)
compile an annual report detailing the number and types of enforcement
actions in neighborhoods with environmental justice populations; (3)
establish and maintain a supplemental environmental project bank with
specified requirements; (4) publish a progress report on environmental
justice no less often than every 5 years; and (5) work with the Department
of Public Health to establish health risk assessment guidelines and develop
an online mapping that identifies specified information. The
Chamber opposes this bill.
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HJRCA 2 (Yednock) No Right to Work
in Illinois
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This amendment provides that collective bargaining is
fundamentally necessary to protect the economic welfare and safety of all
workers in the public and private sectors. Provides that no law shall be
passed that restricts or interferes with the ability of workers to join
together and collectively bargain over wages, hours, and terms and
conditions of employment, including any law that prohibits or restricts the
right of private sector employers and employees, through a representative
of their own choosing, to enter into and administer union security
agreements, should they choose. This amendment would effectively ensure
that Illinois never becomes a right to work state.
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SB
1974 ( Fine) Payment Recoupment
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Amends the Illinois Insurance Code. Provides that an
insurer, health maintenance organization, independent practice association,
or physician hospital organization may not attempt a recoupment or offset
until all appeal rights of a health care professional or health care
provider are exhausted. Provides that no recoupment or offset may be
requested or withheld from future payments 6 months or more after the
original payment is made (rather than 18 months or more after the original
payment is made). Effective January 1, 2022. The Chamber opposes this
legislation.
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SB
2080 (Castro) New PRA, Technology
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This bill provides that it is unlawful for a person who
provides any smart service through a proprietary smart speaker to: (i)
store or make a recording or transcript of any speech or sound captured by
a smart speaker or to use any storage or recording or transcript of any
voice interaction by a user with the voice-user interface, or (ii) transmit
such a recording or transcript to a third party, for any purpose, without
obtaining express informed consent and permitting the user to require the
deletion of any recording, transcript, or sound recorded by the speaker at
any time. Provides exemptions. Provides that it is unlawful for a person
who provides any security monitoring or other service through a proprietary
video doorbell to: (i) store or make a recording of any video, image, or
audio captured by the video doorbell's camera, or (ii) use any storage
recording of any video, image, or audio captured by the video doorbell's
camera, or transmit such a recording to a third party. Provides exemptions.
Provides that, if the Attorney General or a State's Attorney has reason to
believe that any person has violated or is violating the Act, he or she
may, in addition to any authority he or she may have to bring an action in
State court under consumer protection law, bring a civil action in any
court of competent jurisdiction to enjoin further violation by the
defendant, enforce compliance with the Act, or obtain civil penalties not
to exceed $40,000 per violation. The Chamber opposes all new private
right of action.
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SB
2268 (DeWitte) Minimum Wage Delay Implementation
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This bill provides that the increase in the minimum wage
scheduled for January 1, 2022 is delayed until January 1, 2023. Provides
that the subsequently scheduled annual increases in the minimum wage are
delayed by one year culminating in a minimum wage of $15 per hour in 2026
rather than 2025. Makes corresponding delays in the minimum wage increases
for persons under 18 years of age who do not work more than 650 hours per
year. The Chamber supports this legislation.
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SB 2531 (Stoller) SALT Cap Work
Around
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This bill amends the Illinois Income Tax Act. Provides
that a partnership or Subchapter S corporation may elect to pay a tax
computed by multiplying the share of business income apportionable to
Illinois and nonbusiness income allocated to Illinois that is distributable
to each partner or shareholder and multiplied by the applicable rates of
tax for that partner or shareholder. Creates a deduction in an amount equal
to those amounts. This bill is a SALT cap work around for partners of
partnerships and S corporation shareholders. This is a Chamber
Tax Institute Initiative
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