April 24, 2021

This summary lists the bills that were reported passed by Senate Committees during the week of April 19-23. More information about these bills is available at the Illinois General Assembly Web site at https://ilga.gov/.

You can download the full summary here.

Criminal Law

Mitigating Factors (SB 1566): Adds pregnancy to the long list of mitigating factors that must be considered by a sentencing judge in a criminal case when determining a sentence to impose upon a defendant who has been convicted of a crime.

Education

Mandated School Playtime (SB 654): Provides that all public schools shall provide daily time (60 minutes) for supervised, unstructured, child-directed play for all students in kindergarten through grade 8. Play time must allow unstructured play including organized games, but shall not include the use of computers, tablets, phones, or videos. It is encouraged to be held outdoors, but it may be held indoors in a space that promotes physical activity.

Truancy Changes (SB 2338):  Amends the School Code and the Juvenile Court Act of 1987 to make truancy hearings after three instances of non-compliance permissive instead of mandatory.  If truancy persists, the bill makes mandatory complaints to the State’s Attorney and truancy mediation permissive, and makes a truancy petition for continued truant behavior permissive instead of mandatory. Provides for referral for non-compliance to the Department of Human Services, the Department of Healthcare and Family Services, or any other applicable organization or State agency for socio-emotional based intervention and prevention services. 

Forensic Speech Elective (SB 2354):  Offers a forensic speech course (speech and debate) as an additional option to fulfill the elective graduation requirement.  Also, provides that a forensic speech course used to satisfy one of the four years of required language arts classes may not be used to satisfy the elective requirement. 

Educator Misconduct (SB 2357): Provides that pension benefits or survivor benefits shall not be paid to any person who is convicted of any Class X felony or certain offenses enumerated under the School Code.  Provides that the notification regarding the dismissal or resignation of an individual holding a Professional Educator License as a result of abuse or neglect of a child must include the Illinois Educator Identification Number of the license holder and a brief description of the misconduct alleged. Provides that a homicide conviction is grounds for disqualification for educator licensure or suspension or revocation of a license. 

Energy and Public Utilities

Electric Usage Data (SB 1605): Amends the Public Utilities Act. Removes provisions requiring payment of reasonable fees for a customer, alternative retail electric supplier, or unit of local government to access specified information from a large electric utility provider. Requires that each electric utility serving at least 100,000 customers that procures power to file a tariff with the Commission that modifies its current tariff to require all retail customer advanced metering infrastructure meter usage data used for electric power and energy supply service.

Executive

Prevailing Wage (SB 2350): Amends the Prevailing Wage Act. Makes all work done at public utility sites and telecom sites, including demolition projects, subject to prevailing wage requirements.

FOIA Navy Pier (SB 2427): Extends Freedom of Information Act (FOIA) requirements to the Metropolitan Pier and Exposition Authority.

COVID Emergency Housing (HB 2877): Creates the Covid-19 Federal Emergency Rental Assistance Program Act. Implements an emergency rental assistance program, provides for the

Health

Prescription Drug Repository (SB 516): Requires the Illinois Department of Public Health to, by rule, establish a prescription drug repository program, under which a donor may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that uninsured and underinsured individuals shall be given priority over other eligible persons for drugs and supplies donated under the Act.

MC/DD Prioritization (SB 598): Requires the Illinois Department of Public Health to prioritize Medically Complex/Developmentally Disabled facilities at the same prioritization level as long-term care facilities for the purposes of infection control and vaccine distribution during a pandemic.

Insurance

Medigap Birthday Rule (SB 147):  Allows a 60-day open enrollment period for Medigap policyholders.  Also, the enrollment period would begin on the policy holder’s birthday and allows the person to switch a different plan of equal or lesser benefits. 

Homeowner’s/Renter’s Insurance (SB 1672): Prohibits insurers from denying or dropping coverage or charging an increased rate or premium for homeowner’s or renter’s insurance based on the breed of a dog. As well as, requires insurers to submit data on dog-related incidents to the Department, and provides the Department will publish the information on its website.

Department of Insurance (SB 2410):  Provides clarification regarding the timing of mental health parity provisions in policies, and changes the workers’ compensation pool actuarial filing date from June 1 to March 1. Also, partially codifies the Governor’s EO 2020-29 into law by allowing a Webinar option for the ethics requirement completion.

Judiciary

Facial Recognition (SB 225): States that the Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card or a driver’s license or permit to any federal, state, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws.

Annexation (SB 658): States that annexations and annexation agreements are valid if they meet all the specified statutory requirements. It is a proper purpose for a municipality to seek the voluntary annexation of territory in order to: seek contiguity with other territory; or wholly bind other territory for the purpose of annexing that other territory. The validity of an annexation cannot be contested based on the purpose of the annexation, the contents of any annexation agreement, or any factor other than what is statutorily required.

Title Insurance (SB 1751): Provides that it is the public policy of the State that consumers obligated to pay for title insurance services are afforded the opportunity to make an informed decision and, in so doing, have the option to consult with legal counsel before title insurance payment obligations are effective.

Ticket Sales, Transfers (SB 2344): Makes it unlawful for any entity to interfere with the selling and transferring of tickets on a secondary market. Codifies refund policies for postponed or cancelled events.

Labor

Consumer Family Disclosure (SB 1905): Requires employers to provide employees with a list of mandates under the Illinois Insurance Code that are included in the policy and those that are not included. Applies to policies that are written outside of Illinois.

Personnel Record Review Act (SB 2486): Amends the Personnel Record Review Act, which makes it unlawful for an employer or former employer to disclose an employee’s disciplinary report, letter of reprimand, or other disciplinary action to any third party, with some codified exceptions. Provides that an individual may file complaint or commence action within three years should there be a violation of this Act.

Licensed Activities

Fire and Smoke Damper Inspection (SB 2077): Creates the Fire and Smoke Damper Inspection Act. Requires that inspections and testing of HVAC fire dampers and smoke dampers shall be conducted by individuals certified by the International Certification Board and Accredited to comply with ISO/IEC 17024.

Naloxone Hydrochloride Prescription (SB 2535): Amends the Illinois Controlled Substances Act. Requires that a prescriber shall offer a prescription for naloxone hydrochloride to a patient when one or more of the following conditions are met:

  • the prescription dosage for the patient is 50 or more morphine milligram equivalents of an opioid medication per day,
  • an opioid medication is prescribed concurrently with a prescription for benzodiazepine, or
  • the patient presents with an increased risk of overdose, including a patient with a known history of overdose, a patient with a known history of substance use disorder, or a patient at risk for returning to a high dose of opioid medication to which the patent is no longer tolerant.

Local Government

Public Agency Investments (SB 273): Allows public agencies to invest in up to one-third in specific corporate investments and an additional one-third in corporate investments if the obligations are, at the time of purchase, rated at one of the three highest classifications established by at least two standard ratings services. The investments must mature more than 270 days but not less than three years from the date of purchase and must not exceed 10 percent of the corporation’s outstanding obligations.

Revenue

DCEO Edge Statute (SB 1690): Amends the Economic Development for a Growing Economy Tax Credit Act and eliminates the Illinois Business Investment Committee.

Delinquent Property (SB 1721): Amends the Property Tax Code. Makes changes to prevent properties from being sold at tax sales, rather to allow local governments to work with land banks to purchase the properties, rehab them, and sell them. The bill does the following things:

  • Reduces the interest penalty for properties at tax sales from 18 percent to 12 percent. Additionally, the bill limits the compounding of interest to once a year, rather than every six months.
  • Expands the type of properties that can be acquired by the local government to include vacant lots. Additionally, the standard for which the local government can acquire the property is being changed from the property is dangerous or unsafe to the property’s condition impairs public health, safety, or welfare.
  • Allows the county/municipality to petition the circuit court for the deed of the property or they can petition for the deed for “another governmental body” designated in the petition, such as a land bank.

EDGE COVID-19 Relief (SB 1983):  Allows the Illinois Department of Commerce and Economic Opportunity to issue a certificate for the EDGE credit even if the taxpayer does not meet certain payroll and capital expenditure requirements. However, if that failure is due to financial hardship caused by COVID-19 then those requirements the taxpayer might be temporarily excused from are:

  • The project has substantially achieved the level of new full-time jobs specified in its agreement
  • The project has substantially achieved the level of annual payroll in Illinois specified in its agreement
  • The project has substantially achieved the level of capital investment in Illinois specified in its agreement

State Government

Amateur Sports Commission (SB 1749): Creates the Amateur Sports Commission, an unfunded body with 27 members, to increase participation and drive economic opportunities to Illinois through amateur sporting events.

SOS Emergency Rules (SB 2232): Grants the Secretary of State the authority to extend the expiration dates of driver’s licenses, driving permits, identification cards and disabled parking permits in response to COVID-19. Clarifies the maximum statutory distribution for the annual Public Library Per Capita Grants, administered by the Secretary of State and State Librarian, from $1.25 to $1.475 per capita within a public library service area.

Illinois Innovation Voucher Program (SB 2290): Permits the Illinois Department of Commerce and Economic Opportunity, or a nonprofit organization, to administer a voucher program to encourage innovation and foster cooperative research between Illinois businesses and universities. Subject to appropriation.

IDOT Procurement (SB 2469): Provides that federal Paycheck Protection Program loans forgiven by the government would not reduce the amount paid by the government to a firm in any way.

Transportation

Bike, Pedestrian Ways (SB 1768): Requires the Illinois Department of Transportation to establish and solely fund bicycle and pedestrian ways in conjunction with the construction, reconstruction or other changes to a State transportation facility.

School Bus Safety (SB 1808): Allows the Department of Transportation to establish by rule a pilot program to permit the testing of safety equipment not otherwise prohibited by State or federal law. Deletes language limiting the distance safety devices may project off of the side of a bus. Adds language that states that safety devices under the pilot program shall not be deemed in violation of the width restrictions.

Tourism and Hospitality

Tourism Promotion Grants (SB 317): Amends the Illinois Promotions Act to include units of local government to the list of entities that the Illinois Department of Commerce and Economic Opportunity can award grants to, from the Tourism Promotion Fund for the purposes of promoting, attracting, and hosting tourism events in Illinois. Specifies local parks can be promoted by the Department under its tourism program.