April 19, 2024

Good morning,

The Illinois House of Representatives convenes at 10 a.m. The Senate is not in session today. No committees are posted at this time.

RECAP FROM YESTERDAY-The House worked into the evening last night adjourning at 10 p.m.  Several committees were scheduled after adjournment. The House passed 79 bills. I have provided a summary of items of interest in the supplemental record below.

ORDER OF THE DAY-Another long day for the House. Today is 3rd Reading Deadline for bills originating in the House.

SUPPLEMENTAL RECORD-Both Chambers are off next week and will return to the Capital City on April 30th. A flash fire that emerged in the Capitol has consumed the agenda. Representative Margaret Croke introduced HB 303 and co-sponsored by Speaker Welch calls for a moratorium on closing selecting enrollment schools and prevents the Chicago Public School System from changing admission standards for those schools until the elected Chicago School Board is seated in 2027. This bill was amended to accommodate the Chicago Teachers Union. They supported the bill until it didn’t with the union’s lobbyist calling the legislation “racist."  The 180 degree change of position significantly devalues the value of the union’s coin in the Capitol and, garnered a rebuke from the governor. 

BILLS OF INTEREST
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 business community remains opposed to this legislation in its current form.

HB 4783, MWRD Competitive Bid passed the House 97-10-0. This bill provides that the mandatory competitive bid threshold for the Metropolitan Water Reclamation District may not be less than $60,000.

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 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.

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. 

Senate Revenue Committee Action of Note:

Yesterday, 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. SB 2784 would impose a cargo transportation fee on interstate and intrastate carriers transporting certain goods to 3,500-acre intermodal facilities.  The business community and other stakeholders are opposed to this bill.


       Marty



MARTY GREEN, ESQ

Senior VP and Legislative Counsel, Government Relations, Illinois CPA Society
524 South Second Street, Suite 504
Springfield, Illinois 62701
Phone: 217.789. 7914| Fax: 217.789.7924
Email: [email protected] | Web site: www.icpas.org

 

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