As noted from TWIS of May 28th , the Assembly has concluded most of its action until the November Veto Session. The exception may be a brief return to Springfield to approve pension borrowing should they secure enough votes in the Senate. The report below contains an overview of legislation of interest to the members of IRMA, divided into subject areas, which successfully navigated the legislative process this Spring and now await action by the Governor. For your convenience, clicking on the bill number will take you to the Enrolled version of the bill which is the text of the bill as it was passed by the Assembly and sent to the Governor.
In This Issue
BUSINESS LIABILITY
CONSUMER FRAUD
ENVIRONMENT & UTILITIES
FOOD & LIQUOR
GOVERNMENT ORGANIZATION
LABOR
LOSS PREVENTION
PHARMACY
REGULATION & LICENSING
TAXES
TOBACCO
TRANSPORTATION
S.B. 3047 (Sen. David Koehler, D- Pekin/Rep. Mary Flowers, D- Chicago) Amends the Health Care Justice Act. Changes the short title to the Health Care Justice Implementation Act of 2010. Provides that the mission goals of the Health Care Justice Implementation Task Force are to monitor the implementation of the federal health care reforms and make recommendations, to report regarding additional reforms needed to ensure affordable health care, and to assess current programs. Contains provisions concerning reports, public hearings, and research assessments. Effective July 1, 2010.
IRMA POSITION: Neutral
H.B. 4698 (Rep. Joseph Lyons, D- Chicago/Sen. Edward Maloney, D- Chicago) Amends the Consumer Fraud and Deceptive Business Practices Act. provides that if a consumer purchases merchandise, it is an unlawful practice under the Act for the seller of the merchandise to periodically send and debit the consumer’s account for shipments of similar merchandise, unless the consumer has agreed, by express request or consent, to receive such periodic shipments of merchandise (instead of making it an unlawful practice for the seller to enroll the consumer in a “club” or group whereby the consumer will periodically receive from the seller or another person shipments of similar merchandise not ordered or otherwise expressly requested by the consumer, unless the consumer expressly agrees in writing to be enrolled in the “club” or group and receive such periodic shipments of merchandise); and (2) provides that the seller must clearly and conspicuously disclose any minimum purchase requirement and how the consumer may cancel periodic shipments. Effective upon Governor’s signature.
IRMA POSITION: Neutral
S.B. 107 (Sen. Michael Bond, D- Grayslake/Rep. Kevin McCarthy, D- Orland Park) rewrites Illinois’ telecommunications statutes to modernize them and enable additional investment in broadband and other modernization technologies vital to economic development.
IRMA POSITION: Support
S.B. 3320 (Sen. John Jones, R- Mt. Vernon/Rep. Thomas Holbrook, D- Belleville) Amends the Environmental Protection Act. Dictates, for the purpose of payment from the Underground Storage Tank Fund, that corrective action activities required to meet minimum requirements include compliance with certain provisions related to the Tiered Approach to Corrective Action Objective (TACO) rules. Requires that the bidding process adopted, under Board rules, to determine the reasonableness of costs of corrective action provide for a publicly-noticed, competitive, and sealed bidding process that is, among other things, optional and allows bidding only if the owner or operator demonstrates that corrective action cannot be performed for less than a certain amount. Decreases the deductible that must be applied before an owner or operator may access moneys in the Fund. Authorizes the Environmental Protection Agency, each fiscal year, subject to appropriation, to commit up to $10 million of the moneys in the Fund, which have been appropriated for the payment of corrective action costs, to the payment of corrective action costs for legacy sites that meet certain criteria. Grants the Agency certain rulemaking authority. Defines “legacy site”. Provides that the Petroleum Underground Storage Tank Title of the Environmental Protection Act applies to all underground storage tank releases for which a No Further Remediation Letter is issued on or after the effective date of this amendatory Act of the 96th General Assembly, but that (i) costs incurred prior to the effective date of this amendatory Act shall be payable from the Underground Storage Tank Fund in the same manner as allowed under the law in effect at the time the costs were incurred and (ii) releases for which corrective action was completed prior to the effective date of this amendatory Act shall be eligible for a No Further Remediation Letter in the same manner as allowed under the law in effect at the time the corrective action was completed. Provides that, if a change in State or federal law requires additional remedial action in response to releases for which No Further Remediation Letters have been issued, then the Agency shall propose in the next convening of a regular session of the current General Assembly amendments to the Title to allow owners and operators to perform the additional remedial action and seek payment from the Fund for the costs of the action. Authorizes payment from the Fund of certain costs incurred after the issuance of a No Further Remediation Letter. Provides that, if certain requirements are met, then payment may be made from the Underground Storage Tank Fund for the disposal of soil that does not exceed industrial/commercial property remediation objectives, but that does exceed residential property remediation objectives. Provides that, if certain requirements are met, then payment may be made from the Underground Storage Tank Fund for the disposal of water exceeding groundwater remediation objectives that is removed from an excavation on the site where the release occurred.Effective immediately.
IRMA POSITION: Neutral
S.B. 3346(Sen. Heather Steans, D- Chicago/Rep. Karen May, D- Highwood) Creates the Mercury Thermostat Collection Act. Requires each thermostat manufacturer, individually or collectively with other thermostat manufacturers, to establish and maintain a program for the collection and proper management of out-of-service mercury thermostats and to perform other specified duties. Requires manufacturers to report certain information to the Illinois Environmental Protection Agency. Provides for the setting of statewide goals for the collection of mercury thermostats taken out of service in the State. Provides for appellate court review of certain collection goals. Authorizes the Agency to reduce, beginning in calendar year 2018, the statewide goals if it, in consultation with mercury thermostat manufacturers, thermostat wholesalers, contractors, environmental organizations, and other stakeholders, determines that mercury thermostats no longer pose a threat to the environment and public health in Illinois. Provides that if the statewide goals are not met by the manufacturers, then the manufacturers must provide a specified financial incentive. Requires contractors, thermostat wholesalers, thermostat manufacturers, and thermostat retailers participating in the program to handle and manage out-of-service mercury thermostats in a manner that is consistent with the provisions of the Illinois Pollution Control Board rules regarding the disposal of universal waste. Prohibits, on and after July 1, 2011, a thermostat wholesaler from selling, offering to sell, distributing, or offering to distribute thermostats unless the wholesaler takes certain specified actions. Requires the Agency to provide certain types of educational outreach efforts and to distribute certain information. Specifies civil penalties and provides for their collection. Prohibits, beginning July 1, 2011, the mixing of out-of-service mercury thermostats with municipal waste that is intended for disposal at a sanitary landfill and the disposal of out-of-service mercury thermostats in sanitary landfills. Provides for the repeal of the Act on January 1, 2021. Defines “Agency”, “Board”, “collection program”, “contractor”, “mercury thermostat”, “out-of-service mercury thermostat”, “person”, “qualified contractor”, “qualified local government authorities”, “thermostat manufacturer”, “thermostat retailer”, and “thermostat wholesaler”. Effective immediately.
IRMA POSITION: Neutral
S.B. 3347 (Sen. Heather Steans, D- Chicago/Rep. Karen May, D- Highwood) Amends the Environmental Protection Act. On or after January 1, 2012, no person shall (1) use a weight or other product to balance a vehicle wheel or tire if the weight or other product contains mercury that was intentionally added during the manufacturing process or contains more than 0.1 percent lead by weight; (2) sell, offer to sell, distribute, or offer to distribute a weight or other product for balancing a vehicle wheel or tire if the weight or other product contains mercury that was intentionally added during the manufacturing process or contains more than 0.1 percent lead by weight; or (3) sell as new vehicle equipped with a weight or other product used to balance a vehicle wheel or tire if the weight or other product contains mercury that was intentionally added during the manufacturing process or contains more than 0.1 percent lead by weight.
IRMA POSITION: Neutral
H.B. 4722(Rep. Sara Feigenholtz, D- Chicago/Sen. Linda Holmes, D- Plainfield) Creates the Antifreeze Bittering Act. Provides that any engine coolant or antifreeze that is manufactured after January 1, 2011, and subsequently sold within the State, and that contains more than 10% ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent within the product so as to render it unpalatable. Requires a manufacturer of a product subject to this Act to maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used and to make such information available to the public upon request. Provides that a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze containing denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million shall not be liable, except for willful and wanton misconduct, to any person for personal injury, death, property damage, damage to the environment, damage to natural resources, or economic loss where the inclusion of denatonium benzoate in any engine coolant or antifreeze was the sole cause of the personal injury, death, property damage, damage to the environment, damage to natural resources, or economic loss. Provides that a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze containing denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million shall not be liable, except for willful and wanton misconduct, to any person for personal injury, death, property damage, damage to the environment, damage to natural resources, or economic loss where the inclusion of denatonium benzoate in any engine coolant or antifreeze was the sole cause of the personal injury, death, property damage, damage to the environment, damage to natural resources, or economic loss. civil immunity shall apply only to causes of action accruing on or after July 1, 2011. Effective July 1, 2011.
IRMA POSITION: Neutral
H.B. 5040(Rep. Naomi Jakobbson, D- Champaign/Sen. Mattie Hunter, D- Chicago) Creates the Cadmium-Safe Kids Act. Provides that no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use children’s jewelry containing cadmium in any paint or surface coating or accessible substrate that exceeds 75 parts per million. Provides that the provisions concerning only apply to products that are manufactured after July 1, 2011. Provides that in the case of a product that was imported into the United States, “manufacturer” includes the importer or domestic distributor of the product if the person who manufactured the product does not have a presence in the United States.Provides that the Environmental Protection Agency is authorized to participate, along with other states and governmental entities, in an interstate clearinghouse to promote safer chemicals in consumer products. Sets forth provisions concerning implementation and exemption. Provides that the Attorney General is responsible for administering and ensuring compliance with the Act. Sets forth provisions concerning enforcement and penalties. Amends the State Finance Act to create the Attorney General’s State Projects and Court Ordered Distribution Fund. Contains other provisions. Effective immediately.
IRMA POSITION: Neutral (as amended)
H.B. 5907(Rep. Mark Walker, D- Arlington Heights/Sen. Michael Frerichs, D- Champaign) Amends the Electronic Products Recycling and Reuse Act. Authorizes each manufacturer that is required to calculate the total weight of televisions sold under its brand to individuals at retail in the State to do so by multiplying the weight of its televisions sold nationally by the quotient that results from dividing the population of Illinois by the population of the United States. Deletes provisions requiring retailers to report the number of televisions sold at retail to individuals in the State. Other changes include: (1) changes the definition of “retailer” to include manufacturers of printers, (2) requires printers that exceed certain maximum concentration values for particular hazardous substances to be identified in a statement that must be included in that manufacturer’s registration with the Environmental Protection Agency, (3) specifies that manufacturers of printers must pay a registration fee, (4) for the purposes of a report that must be submitted to the Environmental Protection Agency, requires television manufacturers to calculate (rather than estimate) the total weight of televisions sold at retail using one of two specified data sources, (5) makes changes to recycler and refurbisher registration fees, (6) requires each collector’s report to the Agency to also include the total weight of printers collected or received for each manufacturer during the program year, (7) authorizes the Department of Central Management Services also to consider the number of printers registered under EPEAT when making certain procurement decisions. Also makes technical changes. Effective immediately.
IRMA POSITION: Support
S.B. 3348 (Sen. Heather Steans, D- Chicago/Rep. Greg Harris, D- Chicago) Amends the Liquor Control Act of 1934. Provides for manufacturer’s license for Craft Distiller. Provides that a craft distiller license shall allow the manufacture of up to 5,000 gallons of spirits by distillation per year and the storage of such spirits. Provides that if a craft distiller licensee is not affiliated with any other manufacturer, then the craft distiller licensee may sell such spirits to (1) distributors in this State and (2) non-licensees subject to certain limits. Provides that any distiller licensed under the Act on the effective date of the amendatory Act who applies for licensure as a craft distiller and manufactured no more than a certain amount of spirits shall not be required to pay the initial licensing fee. Sets forth the fee amount for a manufacturer license as a craft distiller. Provides that a person licensed as a craft distiller not affiliated with any other person manufacturing spirits may be permitted to receive one retailer’s license for the premises in which he or she actually conducts business permitting only the retail sale of spirits manufactured at such premises and that such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises. Provides that a craft distiller licensed for retail sale shall secure a certain amount of liquor liability insurance coverage. Also makes technical changes. Effective immediately.
IRMA POSITION: Neutral (as amended)
S.B. 3661 (Sen. Michael Bond, D- Grayslake/Rep. Lisa Dugan, D- Kankakee) Amends the Illinois Lottery Law. Requires the Division of the Lottery to establish a special classification of retailer license to facilitate the year-round sale of the special instant scratch-off game for the benefit of Illinois veterans. Exempts these licensees from licensure fees. Provides that specialty retailers (i.e. veterans organizations who can only sell the specialty game tickets) shall receive a sales commission equal to 2% of the face value of specialty game tickets purchased from the Department, less adjustments for unsold tickets returned to the Illinois Lottery for credit. Provides that specialty retailers may not cash winning tickets, but are entitled to a 1% bonus in connection with the sale of a winning specialty game ticket having a price value of $1,000 or more. Effective immediately.
IRMA POSITION: Neutral
S.B. 3494 (Sen. John Jones, R- Mt. Vernon/Rep. Brandon Phelps, D- Harrisburg) Amends the Unemployment Insurance Act. In provisions including certain service performed in agricultural labor in the definition of the term “employment”, excludes service performed in agricultural labor by an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act.
IRMA POSITION: Neutral
S.B. 3568 (Sen. William Delgado, D- Chicago/Rep. Elizabeth Hernandez, D- Cicero) Amends the Code of Criminal Procedure of 1963. Provides that 2 or more acts or transactions in violation of certain provisions of the Illinois Wage Payment and Collection Act within a two year period may be joined in a single count of an indictment, information, or complaint. Amends the Illinois Wage Payment and Collection Act. Subject to appropriation, provides that the Department of Labor shall establish an administrative procedure to adjudicate claims or specific categories of claims. Establishes procedures for an employee who has not been paid the wage the employee is entitled by the Act to recover by filing a claim with the Department or in a civil action, but not both. Provides that any employer who has been demanded or ordered by the Department of Labor or ordered by a court to pay wages, final compensation, or wage supplements and who fails to seek timely review of such a demand or order and who fails to comply within 15 calendar days after such demand or within 35 days of an administrative or court order is entered shall also be liable to pay a penalty to the Department of Labor of 20% of the amount found owing and a penalty to the employee of 1% per calendar day of the amount found owing for each day of delay in paying such wages to the employee.
IRMA POSITION: Neutral (as amended)
H.B. 4658 (Rep. Jack Franks, D- Woodstock/Sen. Don Harmon, D- Oak Park) Creates the Employee Credit Privacy Act. Prohibits employers from inquiring about or using an employee’s or prospective employee’s credit score as a basis for employment, recruitment, discharge, or compensation with some exceptions. Prohibits an employer from retaliating or discriminating against a person who files a complaint under the Act, participates in an investigation, proceeding, or action concerning a violation of the Act, or opposes a violation of the Act. Defines the following terms: “credit history”, “credit report”, “financial information”, “marketable a ssets”, “personal or confidential information”, “State or national security”, and “trade secrets”. Provides that information concerning an individual’s credit history is not a bona fide occupational requirement unless the duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more (rather than $1,000 or more); the position is a managerial position which involves setting the direction or control of the business; the position involves access to personal or confidential information, financial information, trade secrets, or State or national security information; the position meets criteria in administrative rules, if any, that the U.S. Department of Labor or the Illinois Department of Labor (rather than the Department of Labor) has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement; or the employee’s or applicant’s credit history is otherwise required by or exempt under (rather than required by) federal or State law. Permits employers to conduct a thorough background investigation, which may include obtaining a report without information on credit history or an investigative report without information on credit history, or both, as permitted under the Fair Credit Reporting Act, provided the information is used for employment purposes only.
IRMA POSITION: Neutral (as amended)
S.B. 3509 (Sen. William Haine, D- Alton/Rep. Angelo Saviano, R- River Grove) Creates the Truth in Health Care Professional Services Act. Requires an advertisement for health care services that names a health care professional to identify the type of license held pursuant to the definitions under his or her licensing Act. Provides that the advertisement shall be free from any and all deceptive or misleading information. Requires a health care professional providing health care services in the State to conspicuously post and affirmatively communicate the professional’s specific licensure as required under the Act, with certain exceptions. Provides that any health care professional, third party contracted to collect fees on behalf of the health care professional, the health care professional’s employer, or other entity contracting with the health care professional who violates any provision under the Act is guilty of unprofessional conduct and subject to disciplinary action under the appropriate provisions of the specific Act governing that health care profession. Sets forth other provisions concerning violations and enforcement of the Act. Defines “advertisement”, “deceptive” and “misleading”, “health care professional”, and “licensee”. Effective July 1, 2010.
IRMA POSITION: Neutral
H.B. 4922 (Rep. Rosemary Mulligan, R- Des Plaines/Sen. Carole Pankau, R- Bloomingdale) Expands the scope of the Senior Pharmaceutical Assistance Review Committee by permitting the Committee to conduct public hearings to (i) review federal legislation with regard to e-prescribing to determine what provisions, if any, would improve health care in Illinois; (ii) gather testimony regarding federal procedure for pandemic preparedness and response to determine whether or not the State should update its preparedness procedures and tactics; and (iii) gather testimony from interested parties regarding prescription drug abuse to determine whether the State should increase penalties against those engaged in conduct potentially harmful to Illinois residents, particularly those under age 25. Effective immediately.
IRMA POSITION: Neutral
H.B. 5527(Rep. Angelo Saviano, R- River Grove/Sen. James DeLeo, D- Chicago) Amends the Uniform Prescription Drug Information Card Act. Provides that a discounted health care services plan administrator providing discounts on prescription drugs or devices shall issue to its beneficiaries a card containing certain mandatory data elements. Amends the Uniform Health Care Service Benefits Information Card Act. Provides that a discounted health care services plan administrator shall issue to its beneficiaries a card containing certain mandatory data elements.
IRMA POSITION: Neutral
H.B. 5871(Rep. Michael Fortner, R- West Chicago/Sen. Dan Kotowski, D- Park Ridge) Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that when making determinations as to which drugs shall be on a prior approval list, the Department of Healthcare and Family Services shall include as part of the analysis for this determination, the degree to which a drug may affect individuals in different ways based on factors including the gender of the person taking the medication. Effective immediately.
IRMA POSITION: Neutral
H.B. 5890 (Rep. Sandra Pihos, R-Glen Ellyn/Sen. Dan Kotowski, D- Park Ridge) Amends the Pharmacy Practice Act. In the definition of “prescription”, provides that the prescription may, but is not required to, list the illness, disease, or condition for which the drug or device is being prescribed.
IRMA POSITION: Neutral
H.B. 6441 (Rep. Julie Hamos, D- Evanston/Sen. Don Harmon, D- Oak Park) Creates the Illinois Health Information Exchange Authority as an instrumentality and an administrative agency of the State of Illinois. Provides for an Illinois Health Information Exchange (ILHIE) to (i) promote and facilitate the sharing of health information among health care providers within Illinois and in other states and (ii) foster the widespread adoption of electronic health records. Provides for an advisory committee. Sets forth the Authority’s powers, including administration of the ILHIE. Creates the Health Information Exchange Fund as a separate fund outside the State treasury whose funds are not subject to appropriation by the General Assembly, for the purpose of funding the Authority’s operation. Provides that no later than January 1, 2015, each State agency that implements, acquires, or upgrades health information technology systems shall use health information technology systems and products that meet minimum standards adopted by the Authority for accessing the ILHIE. Amends the Regulatory Sunset Act to repeal the Illinois Health Information Exchange and Technology Act on January 1, 2021. Amends the Freedom of Information Act to exempt the following from inspection and copying: all identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. Amends the Illinois Procurement Code to provide that the Code does not apply to procurement expenditures by the Authority. Effective immediately.
IRMA POSITION: Support
H.B. 6459 (Rep. Ken Dunkin, D- Chicago/Sen. Kwame Raoul, D- Chicago) Amends the Illinois Controlled Substances Act. Includes in the list of Schedule I controlled substances certain synthetic cannabinoids.
IRMA POSITION: Neutral
S.B. 2573(Sen. Michael Frerichs, D- Champaign/Rep. Jay Hoffman, D- Collinsville) Amends the Weights and Measures Act. Authorizes the use of the specifications and tolerances in National Institute of Standards and Technology Handbook 105-8 as weights and measures standards. Authorizes the Director to accept calibration and verification reports from certain laboratories in lieu of the otherwise required submission of physical standards. Requires the sealers of a city having a population of 25,000 or more to attend an annual training workshop in order to exercise certain powers and duties ordinarily delegated to the Director of Agriculture. Changes the date upon which sealers must file an annual report with the Department of Agriculture. Authorizes the Department to collect interest on overdue fees. Increases monetary penalties for violations. Deletes cross references to several provisions that have been repealed. Makes other technical changes. Amends the Soil Conservation Domestic Allotment Act. Replaces a provision requiring the Department to formulate an annual State plan with a provision authorizing the Department to formulate that plan. Repeals a provision requiring the Department’s annual report to cover the administration of those plans. Amends the Motor Fuel and Petroleum Standards Act. Creates an octane requirement for midgrade gasoline and increases the octane requirement for premium and super grade gasoline. Requires all biodiesel with a numerical value of B99 or above (rather than B100) that is sold or offered for sale in the State to conform to a specific ASTM standard and (2) makes changes to the definition of “biodiesel”. Provides that gasoline-oxygenate blends sold or offered for sale in the State must meet the standards set forth in Section 2.1.1.1 or Section 2.1.1.2 of the Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation. Effective immediately.
IRMA POSITION: Neutral
S.B. 3094 (Sen. Kimberly Lightford, D- Westchester/Rep. Robert Rita, D- Blue Mound) Amends the Interior Design Title Act. Removes requirement that residential interior designers be registered under the Act. In a provision concerning the use of titles, provides that a person shall not represent himself or herself to be a registered interior designer (now, an interior designer). Provides that 3 members of the Board shall constitute a quorum and that a quorum is required for all Board decisions. Also makes technical changes. Effective immediately.
IRMA POSITION: Neutral (as amended)
H.B. 4715(Rep. Robert Pritchard, R- Sycamore/Sen. Kirk Dillard, R- Westmont) Amends the Criminal Code of 1961. Creates the offense of unlawful sale of burglary tools. A burglary tool is defined as a key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part of that property. Exempts from a violation any person engaged in the business of towing vehicles. The criminal provisions do not apply to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card.
IRMA POSITION: Neutral (as amended)
H.B. 4866 (Rep. Dan Reitz, D- Steelville/Sen. John Sullivan, D- Quincy) Amends the Weights and Measures Act. Increases certain fees. Amends the Illinois Egg and Egg Products Act. Requires expiration dates to be printed on egg containers. Changes the dates upon which license years begin and end. Increases fees and fines. Authorizes the Director of Agriculture to suspend and revoke licenses under the Act. Authorizes the Department of Agriculture to seize and hold any case or container of eggs or egg products from any person who is not licensed under the Illinois Egg and Egg Products Act. Also makes technical changes. Amends the Illinois Pesticide Act. Increases the annual product registration fee, the annual experimental use permit fee, the special local need pesticide registration fee, the renewal fee for pesticide registrations, and the private pesticide applicator license fee. Provides that, in order to stagger business and product registrations, the Department of Agriculture shall, for the 2011 registration year, register half of the applicants and their products for one year and the other half for 2 years. Provides, for the years 2011 and thereafter, (i) that the $300 product registration fee shall be paid at the time of registration and (ii) that the business registration fee shall be $400 per year and paid at the time of registration. Authorizes the Department to collect a public or commercial not-for-hire pesticide applicator license fee, a public or commercial not-for-hire pesticide operator license fee, and associated late fees. Requires certain agrichemical facilities to apply for an agrichemical facility containment permit and to pay a permit fee. Amends the Lawn Care Products Application and Notice Act. Requires a permit fee to be submitted with each permit application and each permit renewal application. Amends the Illinois Commercial Feed Act of 1961. Increases certain license and inspection fees. Amends the Animal Disease Laboratories Act. Removes provisions prohibiting the Department from collecting diagnostic test fees and limiting its imposition of other fees. Amends the Livestock Management Facilities Act. Increases the fee for the issuance or renewal of a certified livestock manager certificate. Effective immediately.
IRMA POSITION: Neutral
H.B. 5080 (Rep. Joseph Lyons, D- Chicago/Sen. Kimberly Lightford, D- Westchester) Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Requires an applicant for licensure as a locksmith agency to provide certain specified information to the Department. Requires a licensee who provides locksmith services to document certain information on the work order provided to the customer. Sets forth provisions concerning the address of record, additional grounds for discipline, physical or mental examinations, consent orders, restoration of licenses after disciplinary proceedings, administrative reviews, subpoenas, compelling testimony, powers and duties of the Department, fees, rosters, and the Illinois Administrative Procedure Act. Defines “address of record”, “applicant”, and “licensee”. Makes other changes. Effective immediately.
IRMA POSITION: Neutral
H.B. 5139 (Rep. Don Moffit, R- Galesburg/Sen. Michael Noland, D- Elgin) Creates the Retail Sale and Distribution of Novelty Lighters Prohibition Act. Defines a “novelty lighter” as a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that is designed to resemble a cartoon character, toy, or similar articles, or has other entertaining features; sets forth exclusions. Prohibits the sale and distribution of novelty lighters. Sets forth exceptions to the prohibition. Provides that a violation is a petty offense, for which a fine not to exceed $500 for each violation may be imposed. A person employed by a retail establishment as a clerk shall not be found in violation unless he or she sells a novelty lighter with the intent to violate the Retail Sale and Distribution of Novelty Lighters Prohibition Act. Provides for enforcement by the Office of the State Fire Marshal, by a State, county, or municipal law enforcement officer, or by a municipal code enforcement officer. Effective immediately.
IRMA POSITION: Neutral
H.B. 6034 (Rep. Sandra Pihos, R- Glen Ellyn/Sen. Carole Pankau, R- Bloomingdale) Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall provide technical assistance materials based on guidelines or standards such as the U.S. Consumer Product Safety Commission’s guidelines, the U.S. Access Board final guidelines, or the standards of the American Society for Testing and Materials by June 30, 2011. Provides that the materials may be available on the Department’s website. Provides that nothing in the provision concerning technical assistance on playgrounds shall be construed as imposing any mandate concerning equipment in restaurants or dwellings.
IRMA POSITION: Neutral
S.B. 3658 (Sen. Deanna Demuzio, D- Carlinville/Rep. Keith Farnham, D- Elgin) Provides that, from August 6, 2010 through August 15, 2010 only, the tax imposed on clothing and school supplies shall be at the rate of 1.25% (instead of 6.25%).
IRMA POSITION: Support
H.B. 6022(Rep. Frank Mautino, D- Spring Valley/Sen. Louis Viverito, D- Burbank) Amends the Motor Fuel Tax Law. Makes changes concerning exporting fuel; dispensing of 1-K kerosene, combustible gases, and dyed diesel; jurisdiction; refunds; decals; fees; disaster relief; returns; forms; electronic filing; and other matters. Provides that, if a distributor or supplier reports losses due to fire or theft, then the distributor or supplier must include with his or her return any applicable fire department or police department reports and any other documentation that the Department may require. Amends the Retailers’ Occupation Tax Act. Provides that the Department shall calculate the rate by multiplying the average selling price of motor fuel during the first 2 months of the previous calendar quarter by 6.25%. Provides that the rate for biodiesel blends and gasohol shall be 80% of the rate established by the Department for motor fuel. Provides that the Department shall provide notice of the established rate at least 30 days prior to the first day of the quarter. Increases the fee for single trip permits issued in lieu of motor fuel tax licenses from $20 to $40 (instead of $60 in the introduced bill). Provides that the permit is valid for 96 (instead of 72) hours. In a Section concerning tax prepayments by motor fuel retailers, provides that the rate shall be established by the Department of Revenue on January 1 and July 1 of each year. ). Provides that the Department shall provide notice of the rate at least 20 days prior to each January 1 and July 1. Further amends the Motor Fuel Tax Law. Provides that the penalty imposed upon operators of motor vehicles and watercraft that are found to have dyed diesel fuel within their ordinary fuel tanks shall be $1,000 for a first occurrence. Amends the Environmental Impact Fee Law to make conforming changes. Effective immediately.
IRMA POSITION: Neutral (as amended)
H.B. 6359(Rep. Carol Sente, D- Vernon Hills/Sen. Louis Viverito, D- Burbank) Amends the Retailers’ Occupation Tax Act. Provides that the Department of Revenue may (instead of shall) require applicants for a certificate of registration to furnish a bond or other security. Sets forth certain criteria that may be considered by the Department when determining whether to require a bond or other security. Amends the Transient Merchant Act of 1987 to make conforming changes. Effective immediately.
IRMA POSITION: Support
H.B. 5833 (Rep. Barbara Flynn Currie, D- Chicago/Sen. Michael Bond, D- Grayslake) Amends the Illinois Income Tax Act. Provides that certain taxpayers are required to make withholding tax payments by electronic funds transfer. Amends the Cigarette Tax Act and the Cigarette Use Tax Act. Defines “secondary distributor” as any person engaged in the business of selling cigarettes who (i) purchases stamped original packages of cigarettes from a licensed distributor, (ii) sells 75% or more of those cigarettes to retailers for resale, and (iii) maintains an established business where a substantial stock of cigarettes is available to retailers for resale. Provides that secondary distributors are required to obtain a license and must maintain certain records and submit reports to the Department. Makes other changes. Effective immediately.
IRMA POSITION: Support
H.B. 4652 (Rep. John Bradley, D- Marion/Sen. Michael Frerichs, D- Champaign) Provides that if, on or after June 1, 2010, the United States Environmental Protection Agency (USEPA), while acting under the authority granted it in Section 211 of the Clean Air Act, authorizes an increase in the maximum proportion of ethanol that may be included in motor fuel blends, then (i) a motor fuel blend containing a proportion of ethanol greater than that which was authorized prior to the USEPA action shall not be treated as gasohol under the Retailers’ Occupation Tax Act, the Service Occupation Tax Act, the Use Tax Act, or the Service Use Tax Act, until (A) the State Fire Marshal, the Director of Agriculture, and the Director of the Environmental Protection Agency have each separately certified to the Director of Revenue that the new motor fuel blend meets the definition of “gasohol” in this Section and that the blend can be legally and safely produced and delivered to consumers with non-flex fuel vehicles and (B) the State Fire Marshal has also certified that the fuel delivery infrastructure is safe and (ii) a motor fuel blend containing a proportion of ethanol equal to or less than that which was authorized prior to the USEPA action shall, for 180 days after the Director of Revenue receives the last of the required certifications, continue to be treated as gasohol under the Retailers’ Occupation Tax Act, Service Occupation Tax Act, Use Tax Act, and Service Use Tax Act.
IRMA POSITION: Opposed
 Contact Information:Rob KarrSenior Vice President Government & Member Relations217-544-1003 rkarr@irma.org |
