January 13, 2021 Message from IML Executive Director Brad Cole The

January 13, 2021 Message from IML Executive Director Brad Cole

The 101st General Assembly has now adjourned after conducting their final pieces of business. Following that, the 102nd General Assembly was inaugurated and convened.

Throughout the 101st General Assembly, the Illinois Municipal League (IML) continued its forceful advocacy and once again was a leading voice at the Statehouse representing the interests of all 1,298 cities, villages and towns in Illinois. In the final five days, commonly known as the lame duck session, our efforts were no different.

Our advocacy ranged from stopping harmful mandates and preemptions to preserving qualified immunity and protecting municipal revenues.

This end of session summary will be supplemented by future documents detailing several aspects of what happened during the recent session. In addition, we will continue reporting on our advocacy efforts during the 102nd General Assembly.

We value and appreciate our members and I am pleased to provide this comprehensive overview of the 101st Illinois General Assembly’s lame duck session for your information.

As always, if you have any questions or comments, please feel welcome to contact me at any time either by phone at (217) 525-1220 or email at [email protected]. Thanks. – BC

Illinois Legislative Black Caucus Legislative Agenda

The primary focus of the final days of the 101st General Assembly was a package of legislation developed and introduced by the Illinois Legislative Black Caucus (ILBC). The caucus-backed proposals were divided among four legislative subject areas or “pillars” consisting of: 1) economic equity; 2) education; 3) healthcare and human services; and, 4) policing reforms.

Economic Equity

The economic equity package was ultimately divided into four separate bills: 1.) Senate Bill 1480; 2.) Senate Bill 1608; 3.) Senate Bill 1792; and, 4.) Senate Bill 1980.

All four proposals within this pillar were sponsored by Sen. Christopher Belt (D-East St. Louis) and Rep. Sonya Harper (D-Chicago).

SB 1480 comprised the “employment” portion of the overall economic equity package. The bill places new reporting requirements on certain corporations and prohibits employers from refusing to hire a job candidate based on a conviction record, among other changes. IML was neutral on the legislation. SB 1608 served as the “state government” portion of the economic equity package and makes several changes to state statute concerning the awarding of state contracts, diversity training, investments and banking. IML was neutral on the legislation.

SB 1792 requires the Illinois Department of Agriculture to conduct a study to determine economic and other disparities regarding farm ownership and operations, creates the Cannabis Equity Commission and provides for regulations on the payday loan industry. IML took a neutral position on the legislation as it was passed.

In the January 11 edition of the Statehouse Briefing (available via this link), we reported on IML’s efforts against an amendment to SB 1792 that included a mandated lead service line replacement program that would have imposed severe economic and administrative burdens on municipalities.

Because of IML’s forceful advocacy and convincing testimony given by IML Executive Director Brad Cole in both chambers, the lead service line replacement mandate was removed from SB 1792 prior to its passage. Today, IML hand delivered a letter to both Representative Harper and Senator Belt (available via this link) welcoming broader conversations on the lead service line issue and offering our commitment to work directly with them to address this issue.

SB 1980 makes changes to the manner in which criminal records may be used relating to the denial of housing assistance. IML opposed the legislation.

All four proposals in the economic equity pillar passed both chambers and will be sent to Governor JB Pritzker for his signature and enactment.

Education

HB 2170 (Rep. Ammons, D-Urbana/Sen. Lightford, D-Maywood) served as the education pillar of ILBC’s agenda and passed both chambers of the General Assembly on January 11, 2021. When signed into law, the legislation will affect changes to the state’s K-12 education system, including but not limited to the creation of new programs to support early childhood education, the creation of a task force to support equitable environments in Illinois schools and revisions to the state’s standards for high school students, among other changes. IML took no position on the legislation.

HB 2170 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

Healthcare and Human Services

HB 3840 (Rep. Lilly, D-Chicago/Sen. Hunter, D-Chicago) would have created the Health Care and Human Services Reform Act. Among other things, the legislation creates limited immunity for individuals who seek emergency medical assistance for someone experiencing an overdose and extends the list of family members for which personal care is a permissible use of personal sick leave benefits. IML took no position on the legislation.

HB 3840 did not pass both chambers during the 101st General Assembly.

Criminal Justice Reform

HB 3653 (Sen. Sims, D-Chicago/Rep. Slaughter, D-Chicago) includes various reforms regarding policing.

A summary memorandum of the provisions in the final legislation that potentially affect municipal governments is available via this link.

IML successfully advocated for the removal of all penalties against the Local Government Distributive Fund (LGDF) that had been in the legislation and maintained the preservation of qualified immunity. The collective bargaining provisions regarding discipline were also removed from the legislation, essentially maintaining the status quo, with the exceptions of removing issues of misconduct and use of force violations as bargained terms, according to the legislative sponsor’s comments during floor debate in the House.

HB 3653 passed both chambers and will be sent to Governor Pritzker for his signature and enactment. The legislation will take effect on July 1, 2021. Certain provisions have effective dates after July 1, 2021, and are listed in our summary memo linked above.

To see how your specific representative or senator voted on the bill:

The Senate roll call for HB 3653 is available via this link.

The House roll call for HB 3653 is available via this link.

Attorney General’s Police Certification Legislation Passes

A priority of Attorney General Kwame Raoul during the final days of session was the passage of legislation to mandate the certification of law enforcement personnel. Though originally introduced as a separate bill (HB 841 - Rep. Willis, D-Addison/Sen. Sims, D-Chicago), the certification language was added to the criminal justice reform omnibus legislation early this morning (HB 3653 - Rep. Slaughter, D-Chicago/Sen. Sims, D-Chicago). The certification provisions of the criminal justice reform omnibus legislation take effect on January 1, 2022.

The legislation requires that law enforcement agencies will only be able to employ police officers that are certified through the Illinois Law Enforcement Training and Standards Board. IML was neutral on the certification proposal.

COVID-19 Response Legislation

The General Assembly also considered numerous pieces of legislation in response to the ongoing COVID-19 pandemic. Those proposals are summarized below:

HB 3469 (Rep. Burke, D-Evergreen Park/Sen. Murphy, D-Des Plaines) would have provided an extension to the state’s Local CURE program in line with changes to federal law. The legislation would have allowed eligible municipalities in the state’s Local CURE program to access their allotment for unbudgeted COVID-19 related expenses through December 31, 2021. As a reminder, the Local CURE program is available to municipalities in the 97 counties that did not receive direct federal aid. Cook, DuPage, Kane, Lake and Will counties all received direct federal aid.

Although HB 3469 did not pass both chambers during the 101st General Assembly, IML will work with the Governor’s Office and the Illinois Department of Commerce and Economic Opportunity to ensure the extension to the state’s Local CURE program is passed and enacted during the upcoming spring legislative session.

HB 4276 (Rep. Hoffman, D-Swansea/Sen. Cunningham, D-Chicago) extends the temporary rebuttable presumption for essential workers, through workers’ compensation insurance coverage and the Public Employee Disability Act, that contracted COVID-19 during the course of their employment. Employers are allowed to offer a rebuttal if the employers are following U.S. Centers for Disease Control and Prevention (CDC) and Illinois Department of Public Health (IDPH) guidance. The extended presumption will now last through June 30, 2021. The legislation also provides a rebuttable presumption that the death of a Chicago police officer or firefighter from COVID-19 was a fatal injury while in active service if the COVID-19 contraction was on or after March 9, 2020, and before June 30, 2021. IML opposed the legislation due to the mandated increase in insurance costs.

HB 4276 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

SB 1510 (Sen. Steans, D-Chicago/Rep. Harris, D-Chicago) requires IDPH to accept on-the-job experience in lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic. The legislation also provides technical corrections to the hospital assessment legislation that was passed in May 2020.

SB 1510 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

Other Legislative Issues of Note

The General Assembly also considered other measures that may be of interest:

HB 156 (Rep. Zalewski, D-Riverside/Sen. Jones III, D-Chicago) reenacts the Transportation Network Providers Act, which governs ridesharing. The legislation sets a new sunset date of June 1, 2021.

HB 156 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

HB 570 (Rep. Hoffman, D-Swansea/Sen. Righter, R-Mattoon) provides Tax Increment Financing (TIF) district extensions for the communities of Cahokia, Charleston, Highwood and Flora. IML supported the legislation.

HB 570 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

HB 2275 (Rep. Conyears-Ervin, D-Chicago/Sen. Cunningham, D-Chicago) removes a provision requiring the City of Chicago, through the Chicago Public Schools and the Chicago Teachers Union, to go to arbitration if an impasse on a collective bargaining issue exists. HB 1559 (Rep. Cassidy, D- Chicago/Sen. Cunningham, D-Chicago), as a clean-up bill to HB 2275, clarified that the City of Chicago, through the Chicago Public Schools, and the Chicago Teachers Union are allowed to collectively bargain decisions to determine the length of the work day, school day and school year. IML opposed HB 2275, but supported HB 1559.

Both HB 2275 and HB 1559 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

HB 2451 (Rep. Martwick, D-Chicago/Sen. Martwick, D-Chicago) removes a birthdate restriction on eligibility for a 3% automatic annual increase in retirement annuity for Chicago firefighters who are 55 years old or older. Additionally, the bill provides calculations of annual increases in retirement annuities for annuitants of the Firemen’s Annuity and Benefit Fund of Chicago who retire after September 1, 1967. IML opposed the legislation due to the unfunded mandate and preemption of local decision- making authority.

HB 2451 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

HB 2461 (Rep. Hoffman, D-Swansea/Sen. Castro, D-Elgin) provides for various property transfers from the state to other governmental and private entities and allows the Illinois State Comptroller to acquire real property in the City of Springfield for new office space.

HB 2461 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

HB 2488 (Rep. Zalewski, D-Chicago/Sen. Bush, D-Grayslake) allows the state to create a form to allow electronic health record systems to certify the identity of a third party that will provide access to the Prescription Information Library for the system using a federal certified Health IT Module.

HB 2488 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

HB 3360 (Rep. Hoffman, D-Swansea/Sen. Harmon, D-Oak Park) provides that in all actions brought to recover damages for personal injuries or wrongful death resulting from or occasioned by the wrongful conduct of any other person or entity, the plaintiff shall recover prejudgment interest on all damages set forth in the judgment. Provides that a local public entity is not liable to pay prejudgment interest in an action brought directly or vicariously against a local public entity by the injured party.

HB 3360 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

HB 4945 (Rep. Davis, D-Hazel Crest) repeals the Blighted Areas Act. The legislation passed the House but did not gain a sponsor in the Senate and, therefore, did not pass the General Assembly.

SB 54 (Sen. Feigenholtz, D-Chicago/Rep. Zalewski, D-Riverside) grants retail liquor license holders the authority to deliver alcoholic liquor to a purchaser for consumption, applicable to any local law or ordinance. Requires that delivery shall only be made within 12 hours from the time the alcoholic liquor leaves the premises of the licensee. IML opposed the legislation due to its preemption of municipal authority.

SB 54 passed both chambers and will be sent to Governor Pritzker for his signature and enactment.

Welch Elected to Serve as Speaker of the House

Shortly after the 102nd General Assembly was inaugurated and convened, the Illinois House of Representatives voted to elect Representative Emanuel “Chris” Welch (D-Hillside) to serve as the 70th Speaker of the House of Representatives. Speaker Welch succeeds Representative Michael J. Madigan (D-Chicago) in the position.

Work Remains

Despite the 101st General Assembly’s adjournment, the 102nd General Assembly was sworn in this afternoon and IML’s work has already begun in passing our 2021 State Legislative Agenda (available via this link). Municipal officials are encouraged to review our agenda and contact their state legislators urging them to support and co-sponsor IML initiatives.

The IML legislative website (available at iml.org/legislative) is regularly updated with helpful resources for our members to utilize when they interact with state and federal officials.

IML continues to claim a seat at the table to give the voice on behalf of municipal officials. We are proud to fight for the protection of local authority and shared or direct revenues that are critical to Illinois’ 1,298 cities, villages and towns.

To our members, thank you for the opportunity to serve you and your communities.

As always, should you have any questions or comments, please feel welcome to contact us at your convenience. Thanks.