2008 Key Legislation

Bill #

Description

Position

Status

Healthcare

Legislative Oversight Council on Cost Feasibility for Health Care Plan Implementation

Rep. Mulligan (R-Des Plaines)

Creates the Legislative Oversight Council on Cost Feasibility for Health Care Plan Implementation for the purpose of examining various healthcare recommendations made by entities within the state and improving communication, accountability, and coordination efforts among the multiple systems working to strengthen the healthcare system in this state.

Chamber Healthcare Wellness Incentives

Rep. Mautino (D-Spring Valley); Sen Kotowski (D-Park Ridge)

Will authorize health plans to provide incentives to enrollees engaged in programs to influence their health behavior.

HB5614

SB2222

PBM Licensure

Rep. Reitz (D-Steelville)

Makes changes concerning fiduciary and bonding, notice, and contractual requirements, cancellation procedures, denial of payment, and failure to register. Sets forth provisions concerning drug substitution, pricing, claims, maximum allowable cost (MAC) adjustments, audit standards, contact of covered persons, record keeping, information sharing with out-of-network pharmacies, prohibitions, the collection and payment of taxes and fees, and failure to comply. Grants rulemaking authority to the Director of the Division of Insurance.

High Deductible Plan Flexibility

Rep. Wait (R-Belvidere)

Provides that when an individual purchases a policy of accident and health insurance that is a high deductible plan with a health savings account, the individual may waive coverage for insurance mandates as required by the Code.

Hospital Asesment Program-Matching Funds

Sen. Schoenberg (D-Evanston)

Makes a supplemental appropriation to the Department of Healthcare and Family Services from the Hospital Provider Fund for hospitals.

Autism Treatment Mandate

Sen. DeLeo (D-Chicago)

Mandates a large expansion of coverage requirements in the treatment of autism.  As with all mandates, this legislation will increase the cost of health care policies for employers and individuals, worsening the affordability crisis.  This mandate is particularly expensive.

Wellness Promotion Tax Credit

Sen. Halvorson (D-Chicago Heights)

Creates a new $200 per employee income tax credit for employers that established qualified wellness promotion programs in the workplace.

Labor Law

State Services Accountability

Rep. Howard (D-Chicago)

State contractors would be prevented from using state funds to influence employees in union organizing campaign if HB 757 becomes law. HB 757 creates an accounting nightmare for many state contractors and infringes upon the rights granted to employers under the National Labor Relations Act.

Structural Work Act

Rep. Fritchey (D-Chicago)

Creates the Construction Safety Act to reinstate the Structural Work Act (SWA) that was repealed in 1995.  The legislation would re-establish a dual system of liability that allows an injured worker to collect Workers’ Compensation benefits and also file suit against each party involved regardless of fault. 

Small Business Healthcare Tax Credit

Rep. Gordon (D-Morris)

To help  small employers maintain and provide health insurance to its employees, HB 3521 creates an income tax credit for premiums paid by a small employer. Employers with 50 or less employees that provide health care insurance for their employees and their spouses and dependents may claim a tax credit in an amount equal to the cost of providing that insurance, but not to exceed: (i) $500 per employee who receives health care insurance; and (ii) $250 for each spouse and dependent of an employee who receives health care insurance. A taxpayer may not carry the credit forward or back and the credit may not reduce a taxpayer's liability to less than zero.  

Sustance Abuse 5-Panel

Rep. Winters (R-Shirland)

Last year, legislation was approved requiring contractors bidding on prevailing wage projects to establish certain drug and alcohol testing programs. HB 4608 will clean up some of the issues that the new law has created.

State Healthcare Recommendations

Rep. Mulligan (R-Des Plaines)

Creates the Legislative Oversight Council on Cost Feasibility for Health Care Plan Implementation for the purpose of examining various health care recommendations made by entities within the State and improving communication, accountability, and coordination efforts among the multiple systems working to strengthen the health care system in this State.

Minimum Wage-Minor Same as Adult

Rep. Fritchey

Eliminates the provision of the minimum wage law that allows workers under the age of 18 to be paid 50 cents less than the full minimum wage.  This change will have a large impact on businesses that provide jobs to teens just entering the workforce and will result in fewer jobs.

7 Days Paid Leave

Rep. Hamos (D-Evanston)

Requires an employer to provide a minimum of 7 paid sick days during a 12 month period.

HB5659

SB2363

Workers' Compensation Reform

Rep. Reis (R-Willow Hill), Sen. Cronin (R-Elmhurst)

Introduces workers' compensation initiatives and addresses several issues with workers' comp

E-Verify Program

Sen. Martinez (D-Chicago)

This measure responds to the recent litigation filed by the federal government regarding last year's enactment of legislation that prohibits Illinois employer use of the E-verify program for immigration purposes.  SB1878 eliminates the prohibition and replaces it with "employers are discouraged from participating".  It also cleans up enforcement provisions.  The Illinois Chamber has suggested an amendment that will further clarify the enforcement and penalty provisions.

Environment

HB3424

SB2238

Califormia-style Auto Fuel Efficiency

Rep. May (D-Highwood)

Requires trucks and autos in Illinois to meet non-attainable fuel efficiency standards.  Ties Illinois regulation of fuel efficiencies to decisions made in California.  Would result in more expensive vehicles and a lack of consumer choice.  Bill has stalled in the House since 2007.

HB4172

SB2567

Coal Combustion ByProduct

Rep. Black (R-Vermillion); Sen. Frerichs (D-Gifford)

provides that coal combustion waste must be covered with 12 inches of soil, within 30 days after deposit of the coal combustion waste, before it may be considered as CCB. Provides that coal combustion waste may be used as CCB only if the structural fill is located no less than 500 feet from any residence and any well being used as a residential water source.

PCB Landfills

Rep. Mitchell (R-Forsyth)

Would require landfills to obtain consent from the applicable county or municipality in which the landfill is located before being allowed to accept wastes with a concentration of greater than 50 parts per million of polychlorinated biphenyls (“PCBs”).  The requirement extends to landfills that are permitted by US EPA to manage PCB wastes.  The consent of the county or municipality could only be given after approval by referendum.  As a practical matter, the legislation would enable a county or municipality to overrule the decision by US EPA to permit a facility to allow PCB disposal. 

Phthalates Ban

Rep. Jakobsson (D-Urbana)

Proposes to create the Children’s Product Safety Act.  In essence, HB4351 would prohibit the manufacture, sale, or distribution of toys that contain phthalates that exceed concentrations of 0.1 percent.  This action would prohibit many types of phthalates that are used to make plastic soft and flexible. 

HB5254

SB2220

Global Warming

Rep. Nekritz (D-Northbrook); Sen. Harmon (D-Oak Park)

Intended to implement a state-only approach to limiting greenhouse gas emissions.  The Chamber opposes an Illinois “go-it-alone” response to global warming as potentially devastating to our economy and providing not environmental benefits whatsoever.

Petroleum Refinery Expansion Air Pollution Control Act

Sen. Clayborne (D-Belleville)

As amended, would create the Petroleum Refinery Expansion Air Pollution Control Act to specifically require any petroleum refinery that anticipates expansion of it processing capacity by 1,000 barrels per day to calculate the expansion’s potential to emit greenhouse gas emissions.  The bill, as amended, would also require these refineries to pay a carbon offset fee based on calculations set forth in the legislation.

Flood Prevention District Act

Sen. Haine (D-Alton)

Provides that a flood prevention district may be created within certain counties for the purpose of performing emergency levee repair, flood prevention, and stormwater control. Provides that the affairs of the district shall be managed by a board of commissioners consisting of 3 commissioners.

Diesel Emissions Reduction

 Sen. Collins (D-Chicago)

Calls for diesel emissions reductions and imposes surcharges on vehicles that are of the model year 2006 or earlier and not equipped with Level 3 controls.  Sponsor has promised to hold bill to continue negotiations with opponents.

Environmental Covenants

Sen. Wilhelmi (D-Joliet)

Creates the Uniform Environmental Covenants Act, proposed by the National Conference of Commissioners on Uniform State Laws. Creates an interest in real estate called an "environmental covenant" that assures a plan of rehabilitation for contaminated real property (brownfields) and controls the use of the property.  The Chamber negotiated changes to the bill that clarify certain relationships and processes.

EPA Fast Track Rulemaking

Sen. Harmon (D-Oak Park)

Grants authority to IEPA to move certain rulemakings on a “fast track” basis providing businesses less opportunity to impact the final regulations.  Business originally supported limited fast track authority, but that authority was abused by the Blagojevich administration.

Clean Air Permit Appeals

 Sen. Harmon (D-Oak Park)

Limits employers’ appeals of Clean Air Act permit decisions by IEPA.  Eliminates appeals through the Administrative Appeals Act.

Business Regulations

Civil Penalties for Unsolicited Faxes

Rep. May (D-Highwood)

Creates new state civil penalties for unsolicited marketing via fax.  Similar federal rules have been abused by attorneys that have made a cottage industry out of bringing suit against businesses for allegedly sending unsolicited faxes.  The bill is awaiting an amendment that will establish an “established business relationship” exemption that will mirror current federal law. 

Mailings Opt-Out

Sen. Leuchtefeld (R-Okawville)

Sponsor has committed to the Chamber that he will not call the bill, which would create a “junk mail opt-out list” for individuals similar to the “do-no-call” list for telemarketing.

Tax

Income Tax Credit-Small Employers

Rep.Gordon (D-Morris)

Amends the Illinois Income Tax Act. For taxable years ending on or after December 31, 2007, allows small businesses that provide health care insurance for their employees and their spouses and dependents to claim a tax credit in an amount equal to the cost of providing that insurance, but not to exceed: (i) $500 per employee who receives health care insurance; and (ii) $250 for each spouse and dependent of an employee who receives health care insurance.

ROTA-Filing Requirements

Rep. J. Bradley (D-Marion)

Deletes the requirement that applications for certificates of registration include the social security numbers of each corporate officer of publicly-traded corporations.

Income Tax Deduction

 Sen. Watson (R-Greenvile)

Creates an income tax deduction for taxpayers who are individuals, corporations, or not-for-profit organizations for income, royalties, or receipts from patents for an invention resulting from a development process conducted in Illinois.

66.7% Income Tax Increase

Sen. Meeks (D-Chicago)

Increases income taxes on businesses and individuals by 66.7% - from 3% to 5% for individuals and small business and from 4.8% to 8% for corporations.  Together with the personal property replacement tax of 2.5%, SB 2288 would give Illinois the second highest corporate income tax in the nation.  While it provides some property tax relief and rebates to certain individuals, this legislation is a massive bailout for the state’s fiscal mismanagement and contains no substantive reforms to prevent future financial disasters.

*Sponsors intend to hold bill until Fall Veto Session

7% Property Tax Assessment

Sen. Link (D-Waukegan)

Changes the 7% property tax assessment provisions by increasing the assessment cap and expanding eligibility.  Increases the cap for the alternative general homestead exemption from the tiered levels of $33,000, $26,000 and $20,000 to $40,000 for tax years 2007 and after.  Raises the income eligibility for the long-term occupant homestead exemption from $75,000 to $100,000

Individual Income Tax Increase

Rep. Smith (D- Pekin)

Constitutionally doubles the personal income tax rate for individuals and married couples who earn $250,000 or more a year.  Maintains the corporate income tax rate and the 8 to 5 corporate to personal income tax ratio, but small businesses (Subchapter S or Limited Liability Companies) filing under the personal income tax rate may be subject to the higher rate.  The amendment also directs new revenue generated from the income tax increase to education and transportation capital purposes, as well as tax relief for low- and middle-income taxpayers.

Graduated Income Tax

Sen. Frerichs (D-Gifford)

Constitutionally authorizes a tax on personal and corporate income to be at a graduated rate (instead of a flat rate).  Further provides that in the case of corporations, the rate must not exceed the weighted average rate imposed on individuals by more than a ratio of 8 to 5.

Civil Law

Venue Reform

Rep. Tracy (R-Quincy)

Reforms the civil justice code relating to establishing the proper venue for a civil suit to be filed.  Would provide a much more reasonable and consistent standard for allowing suits to be heard in particular county.  Aims to decrease ability of plaintiffs attorneys to file cases in Illinois notorious “Judicial Hellhole” counties.

HB5296

SB2154

Consumer Fraud Act-No Tort Claims

Rep. Reboletti (R-Addison), Sen. Trotter (D-Chicago)

Prohibits abuse of the Consumer Fraud Act by barring claims for damages from conduct that should be pursued under tort law.  Some plaintiffs attorneys have pursued tort class actions under the Fraud Act.

Economic Development

FutureGen Support Resolution

Reps. Madigan (D-Chicago); Rose (R-Charleston)

Calls on Congress and the US Department of Energy to make any changes necessary to the FutureGen project to allow it to proceed with construction in Illinois.

R&D Commercialization Incentive

Rep. Mendoza (D-Chicago)

Creates an income tax deduction for taxpayers with less than 500 employees or who are not-for-profit organizations for income, royalties, or receipts from patents for an invention resulting from a development process conducted in Illinois.

New Markets Development

Sen. Clayborne (D-Belleville)

Creates the New Markets Development Program Act.  Provides that taxpayers that make a qualified equity investment earn a vested right to certain tax credits against income, franchise, and insurance premium taxes.  Creates a new state incentive that builds upon a successful federal program promoting investment in businesses in economically disadvantaged areas.