Spring 2008Business Liability - 2008 H.B. 311/H.B. 4445 (Rep. Mary Flowers, D- Chicago) sought to enact universal healthcare in Illinois.
IRMA POSITION: Oppose
STATUS: HELD
H.B. 1432 (Rep. Fred Crespo, D- Hoffman Estates/Sen. John Cullerton, D- Chicago) sought to mandate insurance coverage for eating disorders by redefining 'serious mental illness' to include including anorexia nervosa, bulimia nervosa, and Eating Disorders Not Otherwise Specified (EDNOS), as recognized by the most current edition of the Diagnostic and Statistical Manual.
IRMA POSITION: Oppose
STATUS: Public Act 95-0973
H.B. 4578 (Rep. Jim Durkin, R - Countryside/Sen. John Millner, R- Bloomingdale) requires computer technicians to report any child pornography they find in a computer on which they are working. The Attorney General's Office accepted a suggested amendment from IRMA which allowed either the worker or the worker's employer to file the report and for the report to be filed either with local law enforcement or via the Cyber Tipline at the National Center for Missing & Exploited Children.
IRMA POSITION: Neutral (as amended)
STATUS: Pubic Act 95-0944
H.B. 4602 (Rep. Dan Beiser, D- Alton/Sen. William Haine, D- Alton) requires insurance coverage for a federally approved shingles vaccine that is approved for marketing by the USFDA, ordered by a physician, and the enrollee is 60-years of age or older.
IRMA POSITION: Oppose
STATUS: Public Act 95-0978
H.B. 4824 (Rep. Elizabeth Coulson, R- Glenview)sought to mandate insurance coverage for an operation to implant cochlear implants and post-treatment services for children identified within one year of birth as being deaf or hearing impaired.
IRMA POSITION: Oppose
STATUS: Held
H.B. 4999 (Rep. Karen May, D- Highwood/Sen. Dan Kotowski, D- Mt. Prospect) Provides that a person who uses or causes the use of a facsimile machine to send unsolicited advertising is liable in a civil action to the recipient, or other person who suffered damages as a result of the violation. Provides that the recipient or other person suffering damages may: (1) bring an action to enjoin such violation; (2) bring an action to recover actual damages from such a violation or to receive $1,000 in damages for each such violation, whichever is greater; and (3) in either event (1) or (2), recover court costs, attorney's fees, or any other relief the court deems proper. Provides that a criminal prosecution or conviction is not a condition of a civil action under the Statute. Exempts 'existing business relationships'.
IRMA POSITION: Neutral
STATUS: Held
H.B. 5289 (Rep. Jil Tracy, R- Quincy) Amends the Code of Civil Procedure. Provides that, if none of the parties joined in good faith as defendants in a civil case are residents of this State, an action against those defendants may be commenced in the State only in the county in which the transaction out of which the cause of action arose, or some part of that transaction, occurred. Provides that a corporation organized under the laws of or authorized to do business in this State is a resident only of any county in which it has its registered office or other office (rather than being a resident of any county in which it does business).
IRMA POSITION: Support
STATUS: Held
H.B. 5290 (Rep. Dan Brady, R- Bloomington) Amends the Code of Civil Procedure in relation to class actions. Adds additional requirements concerning: prerequisites to the maintenance of a class action (including provisions that a class action may be certified only if: the plurality of the class members are residents of Illinois or if the plurality of the class members were physically in Illinois when the cause of action arose; and a class action is superior to other available methods for the fair and efficient adjudication of the controversy); where a class action may be brought; preliminary determinations to be made by the court; notice to the class; coupon and other noncash settlements; loss by class members under a proposed settlement; and attorney's fees.
IRMA POSITION: Support
STATUS: Held
H.B. 5291 (Rep. Ron Stephens, R- Highland) Amends the Code of Civil Procedure. Provides that in actions arising out of bodily injury, death, or damage to property based on negligence or product liability based on strict tort liability there will not be joint and several liability, rather when more than one defendant is found to be liable, a defendant will only be liable for that percentage of the plaintiff's damages, found by the trier of fact, that the defendant's percentage of contributory fault, found by the trier of fact, represents.
IRMA POSITION: Support
STATUS: Held
H.B. 5292 (Rep. Tom Cross, R- Oswego) Creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact finder may not consider: evidence of a defendant's alleged wrongdoing, misconduct, or guilt; evidence of the defendant's wealth or financial resources; or any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court review of noneconomic damage awards.
IRMA POSITION: Support
STATUS: Held
H.B. 5293 (Rep. Renee Kosel, R- Mokena) Amends the Code of Civil Procedure. Provides that a non-expert's opinion or inference testimony is limited to opinions or inferences that are rationally based on his or her perception, helpful to a clear understanding of his or her testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pre-trial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; severability; and other matters.
IRMA POSITION: Support
STATUS: Held
H.B. 5294 (Rep. David Reis, R- Olney) Amends the Code of Civil Procedure. Provides that in any case in which the plaintiff makes a claim based upon exposure to asbestos, the following issues are relevant to the determination of liability and damages, the court shall allow the parties to present evidence concerning these issues, and the trier of fact shall determine liability and damages based on these issues, together with any other relevant issues: (1) whether the plaintiff had exposure to any asbestos manufactured by, processed by, or otherwise associated with any entity other than the defendant; (2) whether the plaintiff's exposure to asbestos was to asbestos exclusively manufactured by, processed by, or otherwise associated with the defendant; and (3) whether there is a causal relationship between the plaintiff's alleged injuries and the asbestos manufactured by, processed by, or otherwise associated with the defendant.
IRMA POSITION: Support
STATUS: Held
H.B. 5295 (Rep. Ron Stephens, R- Highland) seeks to reinstate product liability restrictions.
IRMA POSITION: Support
STATUS: Held
H.B. 5469 (Rep. John Bradley, D- Marion/Sen. A.J. Wilhelmi, D- Joliet) seeks to create the Illinois Child On-Line Exploitation Reporting Act. Has many sweeping provisions. IRMA worked with Attorney General Lisa Madigan's office to secure an amendment identical to the provision contained in H.B. 4578 insofar as H.B. 5469 pertained to computer technicians.
IRMA POSITION: Neutral (as amended)
STATUS: Held
H.B. 5595 (Rep. Elizabeth Coulson, R- Glenview/Sen. Maggie Crotty, D- Oak Forest) sought to mandate coverage for habilitate services for anyone under 19 years of age.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5954 (Rep. Ron Wait, R- Belvidere/Sen. Michael Jacobs, D- Moline) Amends the Illinois Insurance Code. 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.
IRMA POSITION: Support
STATUS: Held
H.B. 5600 (Rep. Rosemary Mulligan, R- Des Plains) Amends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to require coverage for audiological services and hearing aids for children up to 18 years of age. Provides that this coverage shall only apply to hearing aids that are prescribed, filled, and dispensed by a licensed audiologist. Provides that a policy or plan may limit the hearing aid benefit payable for each hearing-impaired ear to every 38 months. Provides that a policy or plan may provide for up to 4 additional ear molds per year for children up to 2 years of age.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5616 (Rep. Sara Feigenholtz, D- Chicago) Amends the State Employees Group Insurance Act of 1973, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to provide coverage for physical therapy, occupational therapy, and speech therapy for stroke victims.
IRMA POSITION: Oppose
STATUS: Held
S.B. 1900 (Sen. James DeLeo, D- Chicago/Rep. Skip Saviano, R- River Grove) Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to provide coverage for autism spectrum disorders to the extent that the diagnosis and treatment of autism spectrum disorders are not already covered by the policy or plan. Provides that this coverage shall be subject to a maximum benefit of $36,000 per year, but shall not be subject to any limits on the number of visits to an autism service provider.
IRMA POSITION: Oppose
STATUS: Held
S.B. 2399 (Sen. Terry Link, D- Lakeview/Rep. Kathleen Ryg, D- Vernon Hills) seeks to regulate the use of genetic information.
IRMA POSITION: Neutral
STATUS: Public Act 95-0927
S.B. 2400 (Sen. Terry Link, D- Lakeview/Rep. Kathleen Ryg, D- Vernon Hills) seeks to regulate the use of biometric information. Biometric information includes finger prints, retinal scans, voice prints, facial recognition, etc.
IRMA POSITION: Neutral
STATUS: Public Act 95-0994
S.B. 2544 (Sen. Dale Risinger, R- Peoria) Amends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to provide coverage for Continuous Glucose Monitoring Systems that are approved by the federal Food and Drug Administration and deemed medically necessary by a physician.
IRMA POSITION: Oppose
STATUS: Held
Consumer Fraud - 2008 H.B. 5745 (Rep. Elizabeth Hernandez, D- Cicero) sought to regulate price scanners mandating at least one designated employee to be responsible for ensuring the accuracy of posted and advertised prices and resolving customer complaints. The sponsor graciously agreed to hold the bill in committee.
IRMA POSITION: Oppose
STATUS: Held
S.B. 1029 (Sen. Michael Noland, D- Elgin) was originally intended to host an amendment requiring all contracts under $100,000 to be written in plain language with specified type size and using words with common everyday meanings. The sponsor later changed the amendments to create a study committee to look at doing this for government contracts.
IRMA POSITION: Oppose
STATUS: Held
Credit & Finance - 2008 H.B. 4672 (Rep. Naomi Jakobsson, D- Champaign) Provides that a person who sells motor fuel at retail to a consumer by means of a transaction in which the consumer enters a credit card or debit card into a card reader that is located in or near the motor fuel dispensing device must release, at the time the transaction is complete, the amount of any preauthorization hold that is in excess of the amount of the transaction, and that a violation constitutes an unlawful practice under the Act. After several discussions with IRMA and other interested parties, the sponsor agreed to hold the legislation.
IRMA POSITION: Oppose
STATUS: Held
H.B. 4719 (Rep. Rosemary Mulligan, D- Des Plaines) Provides that the holder of a gift certificate issued on or after January 1, 2009 that has a balance of less than $10 must be given the option of receiving that balance in cash.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5311 (Rep. Marlow Colvin, D- Chicago) as originally amended sought to make retailers liable for the costs of financial institutions if the retailer had a data breach. After discussions with the sponsor and the proponents by a broad IRMA-led coalition, the sponsor tabled H.B 5311.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5577 (Rep. Tom Cross, R - Oswego) Amends the Credit Card Issuance Act and the Retail Installment Sales Act. Provides that, for a 3-day period, retail sellers may not solicit credit-card applicants or buyers in a retail installment transaction to enter into a debt protection agreement. Requires the retail sellers to make certain disclosures when soliciting for debt protection agreements after that 3-day period. Provides that the retail seller may not charge any debt-protection-agreement fees to a person's account, or otherwise charge or collect such fees, until that person has signed a separate contract providing all of the terms and conditions of the debt protection agreement. Includes retail sellers within the penalty provisions for violations of the Credit Card Issuance Act. Contains other provisions. After discussions with IRMA and other parties, the sponsor agreed to hold the legislation.
IRMA POSITION: Oppose
STATUS: Held
S.B. 2187 (Sen. David Koehler, D- Pekin/Rep. Dan Reitz, D- Sparta) Amends the Service Contract Act. Provides that service contract providers and related service contract sellers and administrators complying with the Act are not required to comply with and are not subject to any provision of the Insurance Code, except that such parties shall be deemed to be engaged in an insurance business subject to the Code for purposes of rehabilitation, liquidation, conservation, or dissolution by the Director of Insurance pursuant to Article XIII of the Code. Provides that if a service contract provider engages in a pattern or practice of conduct that violates the Act and that the Director reasonably believes threatens to render the service contract provider insolvent or cause irreparable loss or injury to the property or business of any person or company located in this State, the Director may report the case to the Attorney General for proceedings in accordance with Article XIII of the Code.
IRMA POSITION: Neutral
STATUS: Held
Tobacco - 2008 S.B. 801 (Sen. Terry Link, D- Lake Bluff/Rep. Frank Mautino, D- Spring Valley) seeks to make it more difficult for people to traffic in contraband cigarettes. There is an agreed amendment between IRMA and the tobacco manufacturers that has not yet been adopted.
IRMA POSITION: Neutral (once amended)
STATUS: Held
Food, Liquor & Tobacco - 2008 H.B. 4152 (Rep. Jack Franks, D- Woodstock) Provides that any establishment dealing in the sale of food items and that has an indoor playground on its premises must comply with regulations involving the inspection of indoor playground areas for sanitation purposes. Provides that the Director of Public Health shall promulgate rules for the inspection of indoor playgrounds at any establishment dealing in the sale of food items, including standards of proper sanitation and frequency of playground inspection. Provides that any establishment that does not comply with the regulations concerning indoor playground sanitation shall be enjoined from doing business in the manner described in the Act. After discussions with IRMA and the Illinois Department of Public Health, the sponsor agreed to hold the bill.
IRMA POSITION: Oppose
STATUS: Held
H.B. 4477 (Rep. Ron Wait, R- Belvidere) sought to impose penalties on minors for the possession and the attempted purchase of tobacco products.
IRMA POSITION: Support
STATUS: Held
H.B. 4568 (Rep. Dan Brady, R- Bloomington) In a provision concerning the penalty for the sale or delivery of alcoholic liquor to another person under the age of 21, provides that anyone who violates the provision is guilty of a Class A misdemeanor and the sentence shall include, but shall not be limited to a fine of not less than $1,000 (instead of $500) for a first offense and not less that $3,000 (instead of $2,000) for a second or subsequent offense. Provides that any person who knowingly violates the provision is guilty of a Class 3 (instead of Class 4) felony if a death occurs as the result of the violation.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5927 (Rep. Bill Mitchell, R- Forsyth) Provides that in an effort to control the epidemic of childhood obesity, the Secretary of Human Services may seek a waiver from the United States Department of Agriculture to allow the State to specify certain foods that may and may not be purchased in Illinois with the benefits funded by the federal Food Stamp Program. Requires the Secretary to consult with members of the General Assembly in developing the waiver and to obtain approval from the General Assembly before implementing the waiver.
IRMA POSITION: Oppose
STATUS: Held
S.B. 2472 (Sen. Heather Steans, D- Chicago/Rep. Greg Harris, D- Chicago) seeks to require labeling on alcohol malt beverages containing caffeine, guarana, taurine, or ginseng, where the beverage constitutes 0.5% or more of alcohol by volume (instead of an energy drink containing alcohol and other stimulants, including, but not limited to, caffeine, guarana, taurine, or ginseng). Makes changes concerning the labeling provisions. Makes changes concerning the advertising provisions.
IRMA POSITION: Neutral (as amended)
STATUS: Governor's Desk
Education - 2008 H.B. 4903 (Rep. Naomi Jakobsson, D- Champaign)/S.B. 326 (Sen. Mattie Hunter, D- Chicago/Rep. Naomi Jakobsson, D- Champaign) both attempted to address college textbook affordability. They would have required publishers to disclose in writing to the person making the purchasing decisions the copyright dates of past editions of the textbook or supplemental materials for the past 10 years, the substantial content changes made between the current edition of the textbook or supplemental materials and the previous edition, the existence and price of alternative formats, all bundled textbooks and materials must also be offered in an unbundled format.
IRMA POSITION: Support
STATUS: Held
S.B. 2616 (Sen. Christine Radogno, R- Lemont) Requires the Board to create a university textbook rental program in which public universities in this State rent textbooks to their students instead of the students having to purchase their textbooks. Requires each public university to rent textbooks to its students under the program beginning with the 2010-2011 academic year.
IRMA POSITION: Oppose
STATUS: Held
Government Organizations - 2008 H.B. 824 (Rep. Brandon Phelps, D- Harrisburg/Sen. Don Harmon, D- Oak Park) prohibits any entity or individual holding, in the aggregate, State contracts or pending contracts of more than $50,000, from contributing to or promoting the candidacy of the executive branch office responsible for the contract. Not included in the definition of 'State contract' are cost reimbursement contracts (e.g. Medicaid pharmacies), purchase for care agreements (e.g. nursing homes), grants for job training or transportation, and grants, loans, or tax credit agreements for economic development purposes. H.B. 824 was approved unanimously in both chambers and now goes to the Governor for his consideration. He is threatening to 'improve' the legislation meaning he will most likely amendatorily veto it in some manner.
IRMA POSITION: Neutral
STATUS: Public Act 95-0971
H.B. 5371 (Rep. Mike Boland, D- Moline)/S.B. 2908 (Sen. Michael Noland, D- Elgin) Amends the Illinois Insurance Code. Creates a new Article establishing the Insurance Consumer Advocate Law. Provides that the Lieutenant Governor shall serve as the Insurance Public Advocate.
IRMA POSITION: Oppose
STATUS: Held
Loss Prevention - 2008 H.B. 5735 (Rep. Elga Jefferies, D- Chicago) Creates the New Employee Criminal History Records Check Act. With respect to employees hired on or after the effective date of the Act, prohibits an employer from having a criminal history records check performed on an employee for one year after he or she has been hired. Provides that this prohibition does not prohibit an employer from having a criminal history records check performed on an applicant for employment. Provides that, if a criminal background check is relevant to the decision to hire or retain an employee, the application must clearly state that the criminal background check will impact the decision to hire or retain the employee.
IRMA POSITION: Oppose
STATUS: Held
S.B. 2366 (Sen. Dale Righter, R- Mattoon/Rep. Chapin Rose, R- Charleston) Amends the Criminal Code of 1961 in relation to theft by a lessee. Provides that the trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property if the lessee of the personal property of another fails to return it to the owner within 10 (rather than 5) days after written demand from the owner for its return.
IRMA POSITION: Support
STATUS: Public Act 95-0857
S.B. 2400 (Sen. Terry Link, D- Lake Bluff/Rep. Kathleen Ryg, D- Mt. Vernon) Creates the Biometric Information Privacy Act. Provides that a public agency or private entity in possession of biometric identifiers or biometric information must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 3 years of the individual's last interaction with the public agency or private entity, whichever occurs first. Provides that no public agency or private entity may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifier or biometric information, unless it first complies with specified criteria.
IRMA POSITION: Neutral
STATUS: Public Act 95-0994
Environment & Utilities - 2008 H.B. 1842 (Rep. Julie Hamos, D- Evanston/Sen. John Cullerton, D- Chicago) Amends the Energy Efficient Commercial Building Act. Provides that the Capital Development Board must adopt the specified energy conservation code as the minimum and maximum requirements for the construction of residential buildings. Provides that units of local government may not regulate energy efficient building standards for residential buildings in a manner that is either less or more stringent than the standards in the Act. Provides that units of local government may not enact any annexation ordinance or resolution, or require or enter into any annexation agreement, that imposes energy efficiency building standards for residential buildings that are either less or more stringent than the energy efficiency standards in effect throughout the unit of local government. Provides that units of local government are not required to adopt or administer the Code. Preempts home rule powers.
IRMA POSITION: Neutral
STATUS: Held
H.B. 4351 (Rep. Naomi Jakobsson, D- Champaign) Creates the Children's Products Safety Act. Provides that no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent. Provides that no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under 3 years of age if that product can be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent. Provides that manufacturers shall use the least toxic alternative when replacing phthalates in accordance with the Act. Provides that manufacturers shall not replace phthalates with carcinogens rated by the United States Environmental Protection Agency as A, B, or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens. Provides that manufacturers shall not replace phthalates with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency.
IRMA POSITION: Oppose
STATUS: Held
H.B. 4744 (Rep. Eddie Washington, D- Waukegan) Creates the Bisphenol A Products Act. Provides that no person shall sell, have, offer for sale, or transfer toys, furniture, clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, children's products, or other articles used by or intended to be chewable by children that contain bisphenol A. Provides that any person who violates the Act is guilty of a business offense punishable by a fine of $1,001 for each violation and each sale, offer for sale, or transfer in violation of the Act is a separate violation.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5298 (Rep. Elaine Nekritz, D- Des Plaines) Amends the Brominated Fire Retardant Prevention Act. Changes the short title of the Act to the Toxic Fire Retardant Prevention Act. Makes changes to the legislative findings. Defines "Agency" and "brominated flame retardant". Provides that beginning January 1, 2011, a person may not manufacture, process, or knowingly sell, offer for sale, distribute for sale, or distribute for use any of the following: (1) A mattress, mattress pad, an article of furniture, or any other product intended for indoor residential use if the product has a textile component containing decaBDE; or (2) A television, computer, or other electronic device if the exterior casing of the devices contains decaBDE. Provides that this prohibition does not apply to certain items. Sets forth manufacturer and retailer responsibilities with respect to such products. Provides that the Agency may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of the Act and to help coordinate education and outreach activities, review hazard and alternatives assessments, and any other activities related to the administration of the Act. Makes other changes.
IRMA POSITION: Neutral
STATUS: Held
H.B. 5348 (Rep. Naomi Jakobsson, D- Champaign/Sen. Mattie Hunter, D- Chicago) Creates the Mercury Thermostat Collection Act. Requires thermostat manufacturers to establish and maintain a program for the collection and recycling of mercury thermostats. Sets forth requirements for the Program. Requires that mercury thermostats be handled as universal waste. Prohibits wholesalers, retailers, and technicians from selling or distributing non-mercury thermostats if they have not taken certain actions with respect to the disposal of mercury thermostats. Sets forth penalties for violations of the Act. Requires the Environmental Protection Agency to publish certain information and make recommendations to the Governor and General Assembly concerning the collection of mercury thermostats. Contains other provisions. Amends the Environmental Protection Act. Prohibits the sale or distribution of button cell batteries that contains mercury. Prohibits the sale or distribution of certain mercury-added products. The legislation was amended to address retail concerns and removing IRMA's opposition.
IRMA POSITION: Neutral (as amended)
STATUS: Held
H.B. 5537 (Rep. Rich Brauer, R- Springfield) Creates the Outdoor Lighting Control Act. Sets forth shielding and filtration requirements for specified lamp types when used for outdoor lighting, unless the lighting contains an automatic shutoff device and is not used from 11:00 p.m. until sunrise. Provides for exemptions. Provides that the Environmental Protection Agency may identify and designate, as dark areas, areas that are especially suitable for astronomical observations or that provide nocturnal benefits to flora and fauna due to their darkness and shall submit a proposed plan to preserve areas designated as dark areas.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5773 (Rep. Karen May, D- Highwoood/Sen. Debbie Halvorson, D- Chicago Heights) as originally introduced, would have imposed point-of-sale fees on consumers for the purchase of white goods to pay the utility costs of a small group of manufacturers. After several discussions with IRMA, the sponsor amended the bill substantially to provide for accountability in the handling of white goods being recycled.
IRMA POSITION: Neutral (as amended)
STATUS: Held
H.B. 5789 (Rep. Harry Osterman, D- Chicago)/S.B. 2860 (Sen. Mattie Hunter, D- Chicago/Rep. Naomi Jakobsson, D- Champaign). As originally introduced, H.B. 5789 proposed requiring a warning label on any product used by someone under 16 years of age if that product contained between 40 parts-per-million (ppm) and 600 ppm lead. IRMA and others opposed this proposal because it did not differentiate between accessible and inaccessible lead as well as several other points. After several weeks of discussions with the proponents, led by the Illinois Attorney General's Office, an amendment to S.B. 2860 was adopted and passed the House. S.B. 2860, as amended, removed IRMA's opposition. S.B. 2860 also bans the sale of cosmetics containing mercury.
IRMA POSITION: Neutral (as amended)
STATUS: Held
S.B. 1987 (Sen. Donne Trotter, D- Chicago/Rep. Art Turner, D- Chicago) sought to leverage financing for a private company looking to build a 'clean coal' plant in Illinois by requiring existing utilities to purchase a set percentage of their power from this new plant for at least five years. The cost of purchasing this power could have been passed through to rate payers over 100 kilowatts (i.e. commercial and industrial). The legislation also would have had the State spend $18 million to fund a study to see if this plant was feasible. IRMA did not oppose the idea of the plant but believed that rate payers should not have to guarantee a private company's investment. Also, the study should be done by a truly independent entity and completed before legislation mandating purchasing contracts and laying the foundation for rate increases is enacted.
IRMA POSITION: Oppose
STATUS: Passed Both Houses
S.B. 2313 (Sen. James Clayborne, D- Belleville/Rep. Elaine Nekritz, D- Des Plaines) After months of negotiations led by Senator Susan Garrett (D- Highwood), S.B. 2313 seeks to create the Electronic Products Recycling and Reuse Act. Requires manufacturers, retailers, collectors, and recyclers to perform certain duties related to recycling or reusing certain electronic products. Sets forth goals for manufacturers for the recycling of the electronic products. Requires manufacturers and recyclers of the electronic products to register with the Environmental Protection Agency and pay a registration fee. Sets forth standards for recycling facilities of the electronic products. Sets forth requirements for the Department of Central Management Services in the procurement of electronic devices. Sets forth penalties for the violation of the Act. Amends the State Finance Act to create the Electronics Recycling Fund. Contains other provisions.
IRMA POSITION: Neutral
STATUS: Public Act 95-0959
S.B. 2395 (Sen. Linda Holmes, D- Plainfield) Provides that, at least twice per calendar year, and more frequently if determined necessary by the Environmental Protection Agency, the operator of a filling station or motor-vehicle repair shop must wash or cleanse all vehicular-use areas of the facility to remove any and all residue, stains, or other matter remaining from oil spills and other spilled materials. Requires the operator to provide a positive mechanism to prevent the wash water or waste water from leaving the facility or discharging into any sewer system. Requires the operator to maintain records concerning the washing. After discussions with IRMA and others, the sponsor agreed to hold the bill.
IRMA POSITION: Oppose
STATUS: Held
S.B. 2868 (Sen. Dan Kotowski, D- Mt. Prospect) Creates the Child-Safe Chemicals Act. Regulates the sale and distribution of children's products or product components containing lead or other specified chemicals.
IRMA POSITION: Oppose
STATUS: Held
Personnel - 2008 H.B. 5141 (Rep. John Fritchey, D- Chicago/Sen. Kimberly Lightford, D- Westchester) seeks to repeal the 'teen wage' provision in the Illinois Minimum Wage Law which allows employers to pay anyone under 18 years of age fifty-cents less per hour than the minimum wage.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5216 (Rep. Harry Osterman, D- Chicago) Amends the Labor Dispute Act. Adds a new Section providing that: members and representatives of a recognized union within the State of Illinois may pass handbills on the property of retail stores; members and representatives of a recognized union within the State of Illinois may pass handbills in parking lots and outside entryways of retail stores, as long as they are not within 15 feet of the entrance of a retail store; and the new Section does not allow union members to pass handbills inside a retail store.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5320 (Rep. Julie Hamos, D- Evanston) Creates the Healthy Workplace Act. Requires an employer to provide an employee up to 7 sick days with pay during each 12-month period. Provides that an employee may use the sick days care for physical or mental illness, injury, medical condition, professional medical diagnosis or care, or a medical appointment of the employee or a family member.
IRMA POSITION: Oppose
STATUS: Held
Regulation & Licensing - 2008 H.B. 4605 (Rep. Dan Reitz, D- Sparta/Sen. John Sullivan, D- Quincy) Defines "cool weather grasses". Sets out a labelling requirement for cool weather grasses that includes a "sell by" date. Provides that cool weather grasses may be sold up to 15 months (instead of 12 months) after the applicable test under the Act.
IRMA POSITION: Support
STATUS: Held
H.B. 4778 (Rep. Skip Saviano, R- River Grove/Sen. Maggie Crotty, D- Oak Forest) Amends the Nurse Practice Act, the Pharmacy Practice Act, and the Illinois Controlled Substances Act to allow for the delegation of prescriptive authority to an advanced practice nurse by a physician licensed to practice medicine in all its branches or a licensed podiatrist for any Schedule III through V controlled substances (now, Schedule III, III-N, IV, or V controlled substances). In the Illinois Controlled Substances Act, sets forth guidelines for the prescriptive authority delegated to advanced practice nurses as it relates to certain controlled substances, including Schedule II controlled substances.
IRMA POSITION: Support
STATUS: Held
H.B. 4856 (Rep. Robert Molaro, D- Chicago) Creates the Fur Labeling Act. Provides that no person shall sell or offer or display for sale a fur product, regardless of the price of the fur product or the amount or value of the animal fur, without having attached and conspicuously displayed a tag or label including the names of the animals that produced the animal fur and the name of the country of origin of any imported animal furs used in the fur product. Contains provisions regarding: labeling; penalties; preemption; and other matters. After discussions with IRMA, the sponsor agreed to hold the legislation.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5066 (Rep. Skip Saviano, R- River Grove/Sen. William Delgado, D- Chicago) Amends the Illinois Optometric Practice Act of 1987. Provides that nothing in the Act shall be construed to restrict the dispensing and sale by an optometrist of ocular devices, such as contact lenses, that contain and deliver ocular pharmaceutical agents permitted for use or prescription under the Act.
IRMA POSITION: Neutral
STATUS: Held
H.B. 5372 (Rep. Michael McAuliffe, R- Chicago) Creates the Retail Health Care Facility Permit Act and amends the State Finance Act. Authorizes the Department of Public Health to issue permits for the operation of retail health care facilities. Sets forth the requirements for a permit and the procedures for obtaining a permit. Sets forth requirements for the operation of retail health care facilities. Sets forth procedures in the case of a denial, suspension, revocation, or nonrenewal of a permit. Authorizes the assessment of civil monetary penalties against a permit holder for violations of the Act. Provides that a facility operating without a valid permit or operating on a revoked permit or operating without an operator on duty is guilty of committing a public nuisance, and provides that a person convicted of knowingly maintaining such a public nuisance is subject to criminal penalties. Creates the Retail Health Care Facility Permit Fund for use by the Department of Public Health in conducting activities relating to retail health care facilities.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5684 (Rep. Mike Boland, D- Moline/Sen. Michael Noland, D- Elgin) as originally introduced banned the sale of U.S, State of Illinois, or POW/MIA flags unless they were made in the U.S. After discussions with IRMA, the sponsor amended the legislation to require governmental units to only fly flags made in the U.S.
IRMA POSITION: Neutral (as amended)
STATUS: Held
S.B. 2100 (Sen. A.J. Wilhelmi, D- Joliet/Rep. Donald Moffitt, R- Galesburg) Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that an optometrist may determine visual disability for purposes of issuing a Disabled Person Identification Card or disability license plates or decals.
IRMA POSITION: Support
STATUS: Held
S.B. 2115 (Sen. David Luechtefeld, R- Okawville) Creates the Junk Mail Opt-Out List Act. Makes legislative declarations. Provides that by July 1, 2009, the Attorney General shall establish and provide for the operation of the Illinois Junk Mail Opt-Out List, containing the addresses of postal patrons who have given notice that they do not wish to receive junk mail. Provides that no person shall send junk mail to a postal patron who has registered for the Opt-Out List. Provides that any person who wishes to send junk mail shall consult the Opt-Out List each calendar quarter. Provides that mail sent by a small business, political entity, or charitable entity organized under Section 501(c)(3) of the Internal Revenue Code, or by a business to its customers, is not junk mail.
IRMA POSITION: Oppose
STATUS: Held
Taxes - 2008 H.B. 750 (Rep. David Miller, D- Dolton) Increases the income tax rates for individuals, trusts, and estates from 3% to 5% of the taxpayer's net income and increases the rate of income tax for corporations from 4.8% to 8% of the taxpayer's net income. Amends the Retailers' Occupation Tax Act. Includes the sale of certain services within the definition of "sale at retail". Shifts much of the money to elementary and secondary education and temporary property tax relief.
IRMA POSITION: Oppose
STATUS: Held
H.B. 1051 (Rep. Annazette Collins, D- Chicago) Creates the School District Income Tax Act. Authorizes a school district located within a municipality with 1,000,000 or more inhabitants to impose an income tax of 0.9% on individuals and 1.44% for a period of 2 years.
IRMA POSITION: Oppose
STATUS: Held
H.B. 3732 (Rep. Tim Schmitz, R- Geneva) Provides that no tax is imposed under the Acts upon the privilege of using in this State (for the Use Tax Act) or persons engaged in the business of selling at retail (for the Retailers' Occupation Tax Act) qualified school supplies that are purchased from 12:01 a.m. on the first Thursday in August through midnight of the Sunday that follows 10 days later. Provides that the Department of Revenue shall define "qualified school supplies" by rule.
IRMA POSITION: Support
STATUS: Held
H.B. 5103 (Rep. Jack Franks, D- Woodstock) Amends the Illinois Income Tax Act. Creates an income tax credit for individual taxpayers who purchase qualified merchandise during the period from 12:01 a.m. on the first Friday in August through midnight of the Sunday that follows 9 days later. Sets the amount of the credit at an amount equal to 6.25% of the purchase. Defines "qualified merchandise" as any article of clothing or footwear or computer that is sold at or below certain selling prices. Sets forth criteria for transactions to qualify for the credit. Provides that the credit may not be carried forward or back and may not reduce the taxpayer's liability to less than zero.
IRMA POSITION: Support
STATUS: Held
H.B. 5931 (Rep. Elizabeth Coulson, R- Glenview) Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that no tax is imposed under the Acts upon the use or purchase of energy-efficient products that qualify as an "Energy Star" products under the federal Energy Star Program and that are purchased at a price of $1,500 or less during a tax holiday. Defines "tax-holiday" as the periods each year: (1) beginning at 12:01 a.m. on November 1st and continuing through 11:59 p.m. on November 7th; and (2) beginning at 12:01 a.m. on April 22nd and continuing through 11:59 p.m. on April 28th. Sets forth criteria for transactions to qualify for the exemption.
IRMA POSITION: Support
STATUS: Held
H.B. 6319 (Rep. Rosemary Mulligan, R- Des Plaines) Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that no tax is imposed under the Acts upon the use or purchase of (i) tangible personal property that is purchased in its original package for a selling price of $600 or less or (ii) tangible personal property that qualifies as an "Energy Star" product under the federal Energy Star Program to the extent of the first $600 of value if that property is purchased during a tax holiday. Defines "tax-holiday" as the period from 12:01 a.m. on May 23, 2008 through midnight of May 26, 2008. Sets forth criteria for transactions to qualify for the exemption.
IRMA POSITION: Support
STATUS: Held
S.B. 2052 (Sen. William Haine, D- Alton/Rep. Dan Beiser, D- Alton) Creates the Flood Prevention District Act. 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. Sets forth the terms of the commissioners. Sets forth the powers of the district, including the power to issue revenue bonds, the power to impose a retailers' occupation tax within the territory of the district, and the power of eminent domain. This is in response to the fact that the US Army Corps of Engineers has de-certified the levees. The result is much more expensive flood insurance to the point that development has ground to a halt. IRMA's only issue was that any tax increase should be via referendum.
IRMA POSITION: Oppose
STATUS: Public Act 95-0719
S.B. 2288 (Sen. James Meeks, D- Chicago) Increases the income tax rates for individuals, trusts, and estates from 3% to 5% of the taxpayer's net income and increases the rate of income tax for corporations from 4.8% to 8% of the taxpayer's net income. Creates an income tax credit for families with incomes below certain levels. Creates the School District Property Tax Relief Fund, and requires the General Assembly appropriate certain amounts into the Fund. Provides that grants must be made from the Fund to school districts. Requires that property taxes be abated in school districts by the amount of the grants from the Fund. Creates the Higher Education Operating Assistance Fund, and requires the General Assembly to appropriate certain amounts into the Fund. Requires certain distributions from that Fund. Creates the Invest in Illinois Fund for the purpose of funding the cost of issuance, interest, fees, principal payments, and other debt service on Invest in Illinois Bonds and requires appropriations into the Fund. Creates the Capital Strategy Board to make recommendations concerning the issuance of bonds. Contains several continuing appropriation requirements. Amends the School Code. Creates the Early Childhood Fund to support the Illinois Early Learning Standards and their use in early childhood programs and other programs. Makes changes concerning special education reimbursement for personnel. With respect to the State aid formula, makes changes concerning the foundation level of support, creation of the School Improvement Partnership Pool Fund, and supplemental general State aid. Provides that the General Assembly shall appropriate from the General Revenue Fund to the Common School Fund an Education Appropriation Minimum.
IRMA POSITION: Oppose
STATUS: Held
HJR 93 (Rep. Patricia Bellock, R- Westmont) Creates the Use and Occupation Tax Task Force to gather information and make recommendations to the Governor and to the General Assembly regarding the reformation of the use and occupation tax procedures and policies in Illinois. Requires the task force to submit a report to the Governor and the General Assembly by January 1, 2009 concerning its findings and recommendations.
IRMA POSITION: Support
STATUS: Held
Pharmacy - 2008 H.B. 4260 (Rep. Jack Franks, D- Woodstock) Amends the Pharmacy Practice Act. Provides that a pharmacy that is located in a province of Canada may obtain a nonresident special pharmacy registration from the Department of Financial and Professional Regulation upon meeting certain criteria set forth under the Act.
IRMA POSITION: Oppose
STATUS: Held
H.B. 4278 (Rep. Deborah Graham, D- Chicago/Sen. David Koehler, D- Pekin)/S.B. 1891 (Sen. David Koehler, D- Pekin) Creates the State Services Accountability Act. Provides that upon notice to the Illinois Department of Human Services of the existence of a work stoppage arising from a labor dispute with an IDHS contractor or grantee that may affect the provision of services under a State contract or grant, IDHS shall cease payment of State funds to the contractor or grantee pending receipt of evidence sufficient to confirm that the contractor or grantee is performing all services specified in the contract or grant. Further provides that no further payments for those services shall be made to the contractor or grantee until IDHS has filed affidavits with the chief procurement officer and the Auditor General certifying that the contractor or grantee is performing all services specified in the contract or grant.
IRMA POSITION: Oppose
STATUS: Held
H.B. 4389 (Rep. Karen May, D- Highwood) Amends the Pharmacy Practice Act. Requires prescription drug, medicine, or poison labels to show the expiration date of the drug, medicine, or poison, as provided by the manufacturer. After several discussions with IRMA, the sponsor agreed to hold the bill.
IRMA POSITION: Oppose
STATUS: Held
H.B. 4410 (Rep. Elizabeth Coulson, R- Glenview) Amends the Pharmacy Practice Act. Provides that prior to dispensing a prescription, a pharmacist must present the patient or a person legally authorized to make decisions for the patient with the option of having the symptom or purpose for the medication disclosed on the prescription label, and that if the patient or person legally authorized to make decisions for the patient chooses to have the symptom or purpose for the medication disclosed on the label, the pharmacist must specify the symptom or purpose of the medication in the prescription order and the prescription label must contain that symptom or purpose. After several discussions with IRMA, the sponsor agreed to hold the bill for further evaluation.
IRMA POSITION: Oppose
STATUS: Held
H.B. 4449 (Rep. Jack Franks, D- Woodstock/Sen. Debbie Halvorson, D- Chicago Heights) Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. In connection with the pharmaceutical assistance program under the Act, provides that to become a beneficiary under the program, a person must have a maximum household income equal to or less than 250% of the Federal Poverty Level (instead of less than specified amounts or equal to or less than 200% of the Federal Poverty Level. Provides for 4 (instead of 5) Eligibility Groups (eliminates current Eligibility Group 3). For persons in the Eligibility Group consisting of persons who have a diagnosis of HIV or AIDS, provides for an alternative co-payment according to whether or not a drug is covered by the Medicare Part D Prescription Drug Plan in which the beneficiary is enrolled (in addition to whether or not the drug is included in the formulary of the Illinois AIDS Drug Assistance Program operated by the Illinois Department of Public Health). Makes changes in the definitions of "covered prescription drug" for each Eligibility Group. Makes other changes.
IRMA POSITION: Neutral
STATUS: Held
H.B. 4745 (Rep. Sara Feigenholtz, D- Chicago/Sen. Iris Martinez, D- Chicago) Provides that any written prescription for a Schedule II controlled substance (not just mail-order prescriptions) may be filled within 90 (rather than 7) days after issuance.
IRMA POSITION: Support
STATUS: Held
H.B. 5250 (Rep. Elaine Nekritz, D- Des Plaine)/H.B. 5287 (Rep. Charles Jefferson, D- Rockford) Amends the Third Party Prescription Programs Article of the Insurance Code, the Pharmacy Practice Act of 1987, and the Wholesale Drug Distribution Licensing Act. Prohibits the licensure, transference, use, or sale of any records relative to prescription information containing patient-identifiable or prescriber-identifiable data by any licensee or registrant of the Acts for commercial purposes, except for limited purposes or under certain circumstances.
IRMA POSITION: Oppose
STATUS: Held
H.B. 5614 (Rep. Dan Reitz, D- Sparta/Sen. John Cullerton, D- Chicago)/S.B. 2222 (Sen. John Cullerton, D- Chicago/Rep. Dan Reitz, D- Sparta) Amends the Third Party Prescription Programs Article of the Insurance Code to change the name of the Article to the Pharmacy Benefits Management Programs Law. Provides for the licensure of all pharmacy benefits management programs and pharmacy benefits managers (PBMs) doing business in the State with the Director of the Division of Insurance of the Department of Financial and Professional Regulation. Removes certain fiduciary and bonding requirements. Makes changes concerning contractual provisions, cancellation procedures, and denial of payment. Adds provisions concerning disclosures, recoupment and audits, and the examination of business and affairs. Provides that certain provisions of the Law do not apply to licensed insurance companies, Health Maintenance Organizations, Limited Health Services Organizations, and Voluntary Health Services Plans.
IRMA POSITION: Neutral
STATUS: Held
S.B. 2893 (Sen. Dan Kotowski, D- Mt. Prospect) Creates the Pharmaceutical Consumer Protection Act. Provides that, with regard to a prescription for a drug that is written by a prescriber within Illinois or that is dispensed within Illinois, a prescriber, company, pharmacy, or prescription drug information intermediary may not license, use, sell, transfer, or exchange for value, for any commercial purpose, prescription drug information that identifies directly or indirectly the individual or the prescriber, with specified exceptions. Provides that any person who violates any provision of the Act commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act, and makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.
IRMA POSITION: Oppose
STATUS: Held
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