The Illinois General Assembly returned to Springfield for the second and final week of Veto Session. As such, it has now concluded its business for 2021. The General Assembly is not scheduled to reconvene until next year. Attached please find the House and Senate 2022 session calendars that were released late last night. As anticipated, the General Assembly is expected to have a shortened session in 2022 due to the Primary Election date of June 28, 2022. The General Assembly is planning to adjourn on April 8, 2022 (which is substantially earlier than the usual adjournment date of May 31st).
HB 594 – Rare Disease Advisory Commission (RDAC) Extension
The Illinois Rare Disease Advisory Commission (RDAC) acts as an advisory body that gives the rare disease community a stronger voice in state government. Illinois created the RDAC in 2017. Due to the change in administration and COVID Pandemic the RDAC in Illinois was not able to formalize and represent the rare disease patients and families. As legislated, the RDAC was scheduled for repeal on January 1, 2023. IBIO working with NORD and Senator Linda Holmes (D-42) introduced language to extend the RDAC in Illinois to January 1, 2026, providing the RDAC the time needed to best serve the rare disease patients and their families in Illinois.
HB 594 passed both chambers.
Summary of Other Legislation Passed During Veto Session
As expected, the Veto Session was largely focused on the passage of legislation that will establish the Illinois Congressional districts. However, the General Assembly considered several other items during the Veto Session. Below is a summary and status of the “big ticket items” considered during the Veto Session:
HB 1291 – Illinois’ Congressional Districts – Creates the Illinois Congressional Redistricting Act of 2021. Redistricts the Illinois Congressional Districts for the purpose of electing Representatives to the House of Representatives of the United States Congress. Effective immediately. Passed both chambers and will now be sent to the Governor for signature.
Here are some highlights:
- Congressman Chuy Garcia and Congresswoman Marie Newman have been drawn into District 4.
- Congresswoman Newman has already announced she will run against Congressman Casten in District 6 (You do not have to live in your district)
- District 3 is a brand new district. This is the referenced new Latino District
- Congressman Kinzinger and Congressman LaHood have been draw into District 16. Congressman Kinzinger has announced he will not seek re-election.
- Congressman Bost and Congresswoman Mary Miller have both been drawn into District 12.
You will find a link to the newly voted congressional maps here.
HB 307 – Illinois Parental Notification of Abortion Act Repeal – Creates the Youth Health and Safety Act. Creates the Youth Health and Safety Advisory Working Group for the purpose of identifying and reviewing laws and regulations that impact pregnant and parenting youth. Provides for membership and duties of the working group. Provides that the working group shall issue a report based upon its findings no later than July 1, 2023. Provides for the repeal of the Act on January 1, 2024. Repeals Public Act 89-18 (Parental Notice of Abortion Act of 1995), approved June 1, 1995, as amended; Passed both chambers and will now be sent to the Governor for signature.
HB 3293 – Illinois Wage Payment and Collection/Contractor Liability – Amends the Illinois Wage Payment and Collection Act. Provides that, for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State, shall assume, and is liable for, any debt owed to a wage claimant incurred pursuant to the Act by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant’s performance of labor included in the subject of the contract between the primary contractor and the owner. Provides exemption from liability for a property owner who acts as a primary contractor related to the erection, construction, alteration, or repair of his or her primary residence where the aggregate costs of the project amounts to less than $100,000. Defines terms. Provides that the primary contractor’s liability under the new provisions shall extend only to any unpaid wages, including interest owed and reasonable attorney’s fees, but shall not extend to wage supplements, penalties, or liquidated damages. Provides that a primary contractor or any other person shall not evade or commit any act that negates the requirements of the new provisions. Provides that the obligations and remedies provided in the new provisions shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in the new provisions shall be construed to impose liability on a primary contractor for anything other than unpaid wages, interest owed and reasonable attorney’s fees. Provides that claims brought pursuant to the new provisions shall be done so in accordance with provisions concerning violations of the Act. This legislation passed the Senate, but was not called for a vote in the House prior to the conclusion of the Fall Veto Session.
HB 594 – Various Repeal and Date Extensions – Contains various”sunset date” extensions and related changes, but most notably, amends the Illinois Power Agency Act by extending the repeal of provisions concerning home rule preemption on the imposition of taxes or fees by municipalities on the generation of electricity. This legislation moves the date of the Governor’s Budget Address for 2022 to the first Wednesday in February rather than the third Wednesday in February. This legislation amends the Rare Disease Commission Act. Requires the Rare Disease Commission to make recommendations to the General Assembly in the form of an annual report through 2026 (rather than 2023). Provides that the Act is repealed on January 1, 2027 (rather than January 1, 2023). Passed both chambers and will now be sent to the Governor for signature.
SB 280 – Regional Water Commission/Joliet – Creates the Regional Water Commissions Division of the Illinois Municipal Code. Provides that the corporate authorities of several municipalities may create a regional water commission to purchase or construct a waterworks system or a common source of supply of water, or both, and may operate jointly a waterworks system or a common source of supply of water, or both, and improve and extend the same. Provides that the forming municipalities must include at least one municipality with at least 140,000 inhabitants that is located in whole or in part in the county of Cook, DuPage, Kane, Kendall, Lake, McHenry, or Will, excluding municipalities of greater than 500,000 inhabitants. Includes provisions establishing the commission and the board of commissioners, costs and funding of the commission, powers of the board and commission, revenue bonds, rates and charges for waterworks systems and water source of supply, and property acquisition. Amends the Eminent Domain Act making a conforming change. Effective immediately. Passed both chambers and will now be sent to the Governor for signature.
HB 3136 – Gaming Legislation – Amends the Illinois Horse Racing Act of 1975. Provides the application process for the issuance of an organization license for the standardbred racetrack in Cook County. Changes the bond requirement for an applicant for an organization license. Makes changes to the qualifications for stallions for the Illinois Standardbred Breeders Fund breeding. Amends the Illinois Gambling Act. Provides that an applicant for a suppliers license under the Act that already holds specified licenses issued by the Illinois Gaming Board is entitled to licensure as a supplier under the Act without additional Board investigation or approval, except by a vote of the Board. Provides for the term of such a license. Adds provisions concerning harmonization of supplier category licenses. Makes changes in provisions concerning the wagering tax. Amends the Raffles and Poker Runs Act. Allows raffle licenses to be issued to fire protection agencies and associations that represent fire protection officials. Defines “fire protection agency” to mean a State, local government, or intergovernmental agency vested with the duty and authority to provide public fire suppression, rescue, or emergency medical services or an organization that provides support or assistance to such an agency. Amends the Video Gaming Act. Creates a sales agent and broker license to solicit or receive business from current or potential establishments licensed under the Act. Allows a qualified fraternal organization and a qualified veterans organization that derive their charters from a national organization to apply for a license allowing video gaming if the proposed establishment meets specified criteria. Makes changes concerning the fees that may be imposed by units of government and distribution of license fees. Adds provisions concerning regulation by the State. Limits home rule powers. Amends the Sports Wagering Act. Changes the renewal period for a supplier license from one year to 4 years. Provides that beginning 4 years after issuance of the initial supplier license, a holder of a supplier license shall pay a $150,000 annual license fee. Until July 1, 2023, allows tier 1 sports wagers that are not related to an individual athlete’s performance and are made in person on Illinois collegiate teams. Provides that the requirement that an individual create a sports wagering account in person at a facility to participate in sports wagering over the Internet or through a mobile application applies until the issuance of the first master sports wagering license issued to an online sports wagering operator or March 5, 2022, whichever occurs first. Makes other changes. Effective immediately. Passed both chambers and will now be sent to the Governor for signature.
SB 1169 – Healthcare Right of Conscience Act COVID-19 – Amends the Health Care Right of Conscience Act. Provides that it is not a violation of the Act for any person or public official, or for any public or private association, agency, corporation, entity, institution, or employer to take any measures or impose any requirements intended to prevent contraction or transmission of COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations. Provides that it is not a violation of the Act to enforce such measures or requirements. Provides that the Section applies to all actions commenced or pending on or after the effective date of the amendatory Act. Passed both chambers and will now be sent to the Governor for signature.
HB 3666 – Energy Bill “Clean-Up” – Amends the Electric Vehicle Act. Provides that the Illinois Power Agency must require that any grant or rebate applicant comply with the requirements of the Prevailing Wage Act (rather than may not award rebates or grants to an organization or company that does not pay the prevailing wage) for any installation of a charging station for which it seeks a rebate or grant. Amends the Illinois Enterprise Zone Act. Provides that records made by each contractor and subcontractor who is engaged in and executing a High Impact Business Construction jobs project must include information concerning worker’s race and ethnicity and gender. Amends the Public Utilities Act. Removes a provision that exempts specified wind energy and solar energy suppliers from submitting an annual report on all procurement goals and actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises in the previous calendar year. Amends the Energy Assistance Act. Resolves a conflict in Public Acts 102-16 and 102-176 regarding the starting date for the assessment of a monthly Energy Assistance Charge. Provides that the incremental change to specified charges shall not be applicable to utilities serving less than 100,000 customers (rather than 25,000 customers) in Illinois on January 1, 2021. Amends the Prevailing Wage Act. Changes the definition of “public works” to include construction of a new utility-scale solar power facility by a business designated as a High Impact Business under the Illinois Enterprise Zone Act, electric vehicle charging station projects financed pursuant to the Electric Vehicle Act, and renewable energy projects required to pay the prevailing wage pursuant to the Illinois Power Agency Act. Makes other changes. Effective immediately. Passed both chambers and will now be sent to the Governor for signature.
HB 1769 – Electric Vehicle Incentives – Creates the Reimagining Electric Vehicles in Illinois Act. Creates the Reimagining Electric Vehicles in Illinois (REV Illinois) Program to be administered by the Department of Commerce and Economic Opportunity. Provides that the Program shall provide financial incentives and tax credits to eligible manufacturers of electric vehicles, electric vehicle component parts, and electric vehicle power supply equipment. Amends the Illinois Income Tax Act, the Telecommunications Excise Tax Act, the Electricity Excise Tax Law, and the Public Utilities Act to make conforming changes. Amends the Property Tax Code to allow for property tax abatements for certain REV Illinois Project facilities. Amends the Illinois Procurement Code to provide that, in awarding contracts requiring the procurement of electric vehicles, preference shall be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of electric vehicles manufactured in Illinois. Amends the Environmental Protection Act to create the Electric Vehicle Permitting Task Force. Sets forth the membership of the Task Force and its duties and responsibilities. Amends the Motor Vehicle Franchise Act. Makes changes concerning reimbursement for parts provided in satisfaction of a warranty. Effective immediately. Passed both chambers and will now be sent to the Governor for signature.
SB 1794 – Municipal Utility Taxes – In provisions amending the Local Government Taxpayers’ Bill of Rights Act, creates a 7-year statute of limitations for utility taxes (currently, 4 years). In provisions amending the Illinois Municipal Code, provides that a public utility that is an electric utility may not provide customer-specific information. Provides that penalties for failure to respond to requests for information shall be assessed by the municipality, but may be reduced or vacated by the municipality or a court of competent jurisdiction upon demonstration by the public utility that the public utility’s failure to provide the requested information resulted from excusable neglect. In provisions concerning a public utility’s liability for premises that have been annexed to the municipality, provides that the utility shall only be liable beginning 60 days after the date that the municipality provided the public utility notice of the annexation. Adds provisions amending the Public Utilities Act. Provides that the Illinois Commerce Commission shall not consider: (i) costs associated with a municipal audit; (ii) any court costs, attorney’s fees, or other fees incurred under certain provisions of the Illinois Municipal Code; (iii) unpaid utility taxes owed to a municipality; or (iv) any penalties or interest imposed by a municipality under certain provisions of the Illinois Municipal Code to be expenses for the purpose of determining any rate or charge. This legislation did not pass during the Veto Session, but it is likely to receive consideration during the 2022 session.