Government Affairs Report

HB 49 (West) No Grants Allowed, For-Profit Higher Education
- Prohibits the Board of Higher Education from awarding any grant funds to a private institution of higher education that is operated for profit. Also, the bill removes a provision allowing Monetary Award Program grants to be made to applicants enrolled at qualified for-profit institutions.

HB 62 (Flowers) Healthcare for All
- This bill provides that all individuals residing in this State are covered under the Illinois Health Services Program for health insurance. Provides that it is unlawful for private health insurers to sell health insurance coverage that duplicates the coverage of the program. Requires the State to establish the Illinois Health Services Trust to provide financing for the program.

HB 66 (Flowers) Managed Care Medical Assistance Program
- No recipient of medical assistance shall be required to enroll or transition to the State's managed care medical assistance program. The Department of Healthcare and Family Services shall not enter into any new contract or agreement with a managed care organization (MCO) to provide services where payment for medical services is made on a capitated basis. Provides that the Department shall not renew, renter, renegotiate, change orders, or amend any contract or agreement it entered into with an MCO that was solicited under a specified request for proposals.

HB 89 (Flowers) Community Bank of Illinois Act
- Provides that the Department of Financial and Professional Regulation shall operate The Community Bank of Illinois. Provides that State funds must be deposited in the Bank. Specifies the authority of the advisory board of directors to the Bank. Specifies the powers of the Bank. Contains provisions concerning the guaranty of deposits and the Bank's role as a clearinghouse, the authorization of loans the General Revenue Fund, bank loans to farmers, limitations on loans by the Bank amongst other things.

HB 95 (Halpin) Company-Specific Subsidy Interstate Compact
- Enters into the state into a compact, which may be entered into by any state and the District of Columbia, in which each member state agrees to not offer company-specific subsidies for companies currently located in or considering locating in the member state. This includes headquarters, real estate development, manufacturing and other ventures. Excludes existing subsidies until change of terms.

HB 118 (Guzzardi) Recovery of Damages for Underpayment in Wages
- This bill provides that an employee is entitled to recover damages of 5% (rather than 2%) of the amount of any underpayments in wages for each month following the date of payment during which such underpayments remain unpaid.
HB 145 (Morgan) Corporate Giveaways Interstate Compact
- This bill enters Illinois into the compact, which may be entered into by any state and the District of Columbia, in which each member state agrees not to offer or provide any company-specific tax incentive or company-specific grant to any entity. Also creates the Phase Out Corporate Giveaways Board.

HB 146 (Morgan) IDOI Unreasonable Rate Increases Regulation
- Provides that all individual and small group accident and health policies written in compliance with the Patient Protection and Affordable Care Act must file rates with the Department of Insurance for approval. Provides that rate increases found to be unreasonable in relation to benefits under the policy provided shall be disapproved. The Department will approve or deny rate increases within 60 calendar days after the rate increase is filed. A rate increase that is not approved or denied by the Department on the 61st calendar day shall be automatically approved.

HB 209 (Mussman) Latex Glove Ban
- This bill provides that a food service establishment may not permit employees to use latex gloves in the preparation and handling of food. Provides that, to encourage compliance, a food service establishment shall receive a notification of warning for the first violation.

HB 264 (Bennett) Venue Limitations for Civil Action
- This bill limits venue for actions against corporations, partnerships, and insurance companies. Provides that in actions in which no party is a resident of this State and over which another forum has jurisdiction, the court shall, upon motion, dismiss the action subject to specified conditions. Provides that joint and several liability attaches when a defendant is found to be 50%, rather than 25%, at fault. Limits amounts recovered for medical care, treatment, or services and caretaking expenses to the amounts actually paid for those expenses regardless of the amounts initially billed.

HB 353 (Flowers) Essential Worker Minimum Wage Increase
- Increases the minimum wage to $20 per hour for essential workers for the duration of the COVID-19 public health emergency.
HB 559 (Durkin) BIPA Reform, Damages Limitation - Chamber Initiative
- A private entity in possession of biometric identifiers shall make their policy available to the person from whom biometric information is to be collected or was collected. If within the 30 days the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. Provides that if a private entity continues to violate the Act, the aggrieved person may initiate an action against the private entity and may pursue statutory damages for each breach of the express written. A prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages, whichever is greater); or against a private entity that willfully violates the Act, actual damages plus liquidated damages up to the amount of actual damages.
HB 560 (Durkin) BIPA Reform, DOL Enforcement - Chamber Initiative
- This bill deletes a provision regarding a right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee may file with the Department a violation by submitting a complaint form within one year from the date of the violation. Any other violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, with enforcement by the Attorney General.
HB 570 (Carroll) Cigar Tax Cap - Chamber Initiative
- This bill provides that, beginning on January 1, 2022, the tax per cigar or other rolled tobacco product shall not exceed $0.50 per cigar or roll. Provides that distributors are allowed a discount in the amount of 2% of the distributor's tax liability, but not to exceed $2,000 per return. The legislation will reduce the current price differential between bricks and mortar sellers and internet sellers. Internet sellers currently have a price advantage over retail sellers because internet retailers of cigars are not subject to the Tobacco Products Tax.
SB 41 (Glowiak Hilton) Increased Wireless Facility Regulation
- This bill provides that a wireless provider may be required to provide the following additional information when seeking a permit to collocate small wireless facilities: (i) a written affidavit signed by a radio frequency engineer with specified certifications; (ii) a written report that analyzes acoustic levels for the small wireless facility and all associated equipment; (iii) information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act; and (iv) a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances. Provides that an authority may adopt reasonable rules requiring providers to place above-ground small wireless facilities and associated equipment and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities. This bill would virtually end 5G wireless technology in Illinois.
SB 56 (Bryant) BIPA Reform, Right of Action Limitation
- This bill provides that if, within the 30 days, the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. Provides that a prevailing party may recover actual damages for a negligent violation of the Act. Provides that a prevailing party against a private entity that willfully violates the Act may recover actual damages plus liquidated damages up to the amount of actual damages


Government Affairs Report HB 49 (West) No Grants Allowed, For-Profit Higher Education Prohibits the Board of Higher Education from awarding any grant funds to a private institution of higher education that is operated for profit. Also, the bill removes a provision allowing Monetary Award Program grants to be made to applicants enrolled at qualified for-profit institutions. HB 62 (Flowers) Healthcare for All This bill provides that all individuals residing in this State are covered under the Illinois Health Services Program for health insurance. Provides that it is unlawful for private health insurers to sell health insurance coverage that duplicates the coverage of the program. Requires the State to establish the Illinois Health Services Trust to provide financing for the program. HB 66 (Flowers) Managed Care Medical Assistance Program No recipient of medical assistance shall be required to enroll or transition to the State's managed care medical assistance program. The Department of Healthcare and Family Services shall not enter into any new contract or agreement with a managed care organization (MCO) to provide services where payment for medical services is made on a capitated basis. Provides that the Department shall not renew, renter, renegotiate, change orders, or amend any contract or agreement it entered into with an MCO that was solicited under a specified request for proposals. HB 89 (Flowers) Community Bank of Illinois Act Provides that the Department of Financial and Professional Regulation shall operate The Community Bank of Illinois. Provides that State funds must be deposited in the Bank. Specifies the authority of the advisory board of directors to the Bank. Specifies the powers of the Bank. Contains provisions concerning the guaranty of deposits and the Bank's role as a clearinghouse, the authorization of loans the General Revenue Fund, bank loans to farmers, limitations on loans by the Bank amongst other things. HB 95 (Halpin) Company-Specific Subsidy Interstate Compact Enters into the state into a compact, which may be entered into by any state and the District of Columbia, in which each member state agrees to not offer company-specific subsidies for companies currently located in or considering locating in the member state. This includes headquarters, real estate development, manufacturing and other ventures. Excludes existing subsidies until change of terms. HB 118 (Guzzardi) Recovery of Damages for Underpayment in Wages This bill provides that an employee is entitled to recover damages of 5% (rather than 2%) of the amount of any underpayments in wages for each month following the date of payment during which such underpayments remain unpaid. HB 145 (Morgan) Corporate Giveaways Interstate Compact This bill enters Illinois into the compact, which may be entered into by any state and the District of Columbia, in which each member state agrees not to offer or provide any company-specific tax incentive or company-specific grant to any entity. Also creates the Phase Out Corporate Giveaways Board. HB 146 (Morgan) IDOI Unreasonable Rate Increases Regulation Provides that all individual and small group accident and health policies written in compliance with the Patient Protection and Affordable Care Act must file rates with the Department of Insurance for approval. Provides that rate increases found to be unreasonable in relation to benefits under the policy provided shall be disapproved. The Department will approve or deny rate increases within 60 calendar days after the rate increase is filed. A rate increase that is not approved or denied by the Department on the 61st calendar day shall be automatically approved. HB 209 (Mussman) Latex Glove Ban This bill provides that a food service establishment may not permit employees to use latex gloves in the preparation and handling of food. Provides that, to encourage compliance, a food service establishment shall receive a notification of warning for the first violation. HB 264 (Bennett) Venue Limitations for Civil Action This bill limits venue for actions against corporations, partnerships, and insurance companies. Provides that in actions in which no party is a resident of this State and over which another forum has jurisdiction, the court shall, upon motion, dismiss the action subject to specified conditions. Provides that joint and several liability attaches when a defendant is found to be 50%, rather than 25%, at fault. Limits amounts recovered for medical care, treatment, or services and caretaking expenses to the amounts actually paid for those expenses regardless of the amounts initially billed. HB 353 (Flowers) Essential Worker Minimum Wage Increase Increases the minimum wage to $20 per hour for essential workers for the duration of the COVID-19 public health emergency. HB 559 (Durkin) BIPA Reform, Damages Limitation - Chamber Initiative A private entity in possession of biometric identifiers shall make their policy available to the person from whom biometric information is to be collected or was collected. If within the 30 days the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. Provides that if a private entity continues to violate the Act, the aggrieved person may initiate an action against the private entity and may pursue statutory damages for each breach of the express written. A prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages, whichever is greater); or against a private entity that willfully violates the Act, actual damages plus liquidated damages up to the amount of actual damages. HB 560 (Durkin) BIPA Reform, DOL Enforcement - *Chamber Initiative* This bill deletes a provision regarding a right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee may file with the Department a violation by submitting a complaint form within one year from the date of the violation. Any other violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, with enforcement by the Attorney General. HB 570 (Carroll) Cigar Tax Cap - Chamber Initiative This bill provides that, beginning on January 1, 2022, the tax per cigar or other rolled tobacco product shall not exceed $0.50 per cigar or roll. Provides that distributors are allowed a discount in the amount of 2% of the distributor's tax liability, but not to exceed $2,000 per return. The legislation will reduce the current price differential between bricks and mortar sellers and internet sellers. Internet sellers currently have a price advantage over retail sellers because internet retailers of cigars are not subject to the Tobacco Products Tax. SB 41 (Glowiak Hilton) Increased Wireless Facility Regulation This bill provides that a wireless provider may be required to provide the following additional information when seeking a permit to collocate small wireless facilities: (i) a written affidavit signed by a radio frequency engineer with specified certifications; (ii) a written report that analyzes acoustic levels for the small wireless facility and all associated equipment; (iii) information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act; and (iv) a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances. Provides that an authority may adopt reasonable rules requiring providers to place above-ground small wireless facilities and associated equipment and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities. This bill would virtually end 5G wireless technology in Illinois. SB 56 (Bryant) BIPA Reform, Right of Action Limitation This bill provides that if, within the 30 days, the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. Provides that a prevailing party may recover actual damages for a negligent violation of the Act. Provides that a prevailing party against a private entity that willfully violates the Act may recover actual damages plus liquidated damages up to the amount of actual damages
Single Column- Chamber Newsletter - copy of February 12, 2021