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Here are the bills Illinois lawmakers passed in 2023

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It took more than a week longer than expected, but Illinois lawmakers wrapped up their spring legislative session early Saturday with a budget and hundreds of measures that passed. The spending plan and bills now go to Democratic Gov. J.B. Pritzker.

Other important measures need more work over the summer in preparation for the fall veto session, when lawmakers return to address bills the governor vetoed, or to resume work on legislation from the spring.

Here’s a look at some of the highlights from the session that will affect Illinois residents if they’re signed into law by Pritzker.

State Rep. Jehan Gordon-Booth (D-Peoria), the House Democrats’ lead budget negotiator, presents her closing argument during the budget debate Saturday May 27, 2023

The Budget: Lawmakers approved a $50.4 billion spending plan for the fiscal year that starts July 1. It took some time to craft because revenue estimates started trending down soon after the governor gave his budget address, and a program offering Medicaid-style healthcare to undocumented immigrants 42 and older blew past cost expectations. Here are more details on the final budget.

All-gender bathrooms: Sets standards for all-gender, multi-occupancy restrooms should a business choose to build them. Right now, state law requires single-use restrooms to be all-gender, but parameters don’t exist for multi-occupancy. The bill does not require a business to create all-gender restrooms, nor does it require them to alter existing bathrooms. HB1286

Full-day kindergarten: School districts in Illinois would have to establish a full-day kindergarten program by the 2027-2028 school year, but they’re eligible for an extension if they fall within certain evidence-based funding parameters. Districts could also offer half-day programs as long as they offer a full-day option. HB2396

Ban on book bans: A measure spearheaded by Illinois Secretary of State Alexi Giannoulias withholds state grants from school or public libraries that run afoul of the American Library Association’s Bill of Rights, which says “materials should not be proscribed or removed because of partisan or doctrinal disapproval.” HB2789

Elected Chicago school board map: Lawmakers gave themselves more time to draw the new 20-district Chicago Board of Education map, extending the deadline from July 1, 2023 to April 1, 2024. Opponents of the first proposals want the board maps to reflect CPS student demographics, which is 11 percent white, instead of overall city of Chicago demographics. This was included in a wide ranging “election omnibus” bill, which will also allow 16-year-olds to preregister to vote and makes Election Day 2024 a state holiday for public schools. SB2123

Cracking down on “crisis pregnancy centers”: People could sue these facilities run by anti-abortion rights nonprofits if they feel they were given deceptive information about abortion care. The bill would also allow the Illinois attorney general’s office to investigate. SB1909

Punitive damages in wrongful death cases: Illinois would join 34 other states that allow victims’ families or descendants to recover punitive damages in wrongful death lawsuits. Punitive damages are typically added to actual damages and are awarded when a defendant’s crime was especially harmful to the victim. HB0219

Treating Uber and Lyft as “common carriers”: Rideshare companies, not just drivers, could be held liable for assaults and accidents. The bill aims to treat Uber and Lyft like buses, taxis and other forms of public transportation. HB2231

Anti-bullying in schools: Districts would be required to notify parents within 24 hours if their child was a target of bullying or if their child shows signs of harming themselves due to bullying. It also expands the definition of bullying to include attacks on physical appearance, socioeconomic status, academic status, pregnancy, parenting status and homelessness. The Illinois State Board of Education would create an anti-bullying policy model for districts to use in creating their own programs. HB3425

Red-light cameras: Bars contractors who provide equipment and services for red-light camera companies from making campaign contributions. Also allows the Illinois Department of Transportation to remove red-light cameras that have been linked to a bribery or corruption scandal. HB3903

Job openings and pay: Requires businesses with 15 or more workers to show salary information with job postings. If the business uses a third-party recruiter to fill vacancies, then they must post salary information. HB3129

Tracking stolen SNAP benefits: The Illinois Department of Human Services would develop a system to track stolen Supplemental Nutrition Assistance Program, or SNAP, benefits and report to lawmakers once a quarter. Supporters say thieves have been targeting the debit cards issued to SNAP recipients by using cloning methods like card skimmers, and victims lose their benefits. HB2214

Help for the CTA: Allows the Chicago Transit Authority to suspend riding privileges for “problematic” passengers and outlines how the CTA board can make that determination. The bill also includes an expansion of free or reduced fares to people 14 to 24 enrolled in career-oriented programs, and gives tens of thousands of $20 transit cards to domestic and sexual-assault support organizations. The legislation also suggests that CTA, Pace and Metra should only purchase electric vehicles starting in July 2026. HB1342

Third airport in Peotone: Revives the long-dormant idea of building a third Chicago-area airport in the south suburb. It would allow the state to start planning the airport with a report due in six months. The airport would handle commercial and cargo aircraft — an idea that has been around for decades. HB2531

“Venue shopping” for constitutional challenges: If someone wants to challenge the constitutionality of a state law, they would have to do it in Cook or Sangamon county courts. The measure surfaced after challenges to the state’s assault-style weapons bans were filed in courts in Kankakee, Macon and Effingham counties. Proponents of the bill say it would streamline things because there are appellate and Illinois Supreme Court offices in both Cook and Sangamon counties. Opponents say this would place an undue burden on people who may have to travel hundreds of miles to bring court action. HB3062

Healthcare for undocumented immigrants: The budget allocates $550 million dollars for the Health Benefits for Immigrant Adults (HBIA) program, which offers Medicaid-style healthcare coverage to undocumented residents 42 and older. Some estimates peg this program cost to be around $1.1 billion, but lawmakers also gave the governor wide latitude through rule-making powers to try bringing costs and enrollment under control. SB1298

Stevenson Expressway expansion: The Illinois Department of Transportation will be allowed to seek public private partnerships to add managed toll lanes to I-55 from the Dan Ryan Expressway (I-90/94) through the Veterans Memorial Tollway (I-355). The idea now calls for two managed lanes in each direction between 90/94 and the Tri State Tollway (I-294), then one lane each between 294 and 355. Lawmakers needed to declare their support before IDOT was allowed to move forward. HJR23

Lifting nuclear moratorium: Ends a ban on new nuclear power plant construction, which has been in place since 1987. The proposal received bipartisan support, with some saying nuclear energy is essential for Illinois to become a carbon free state. SB0076

State Rep. John Cabello (R-Machesney Park) debates the Illinois state budget Saturday May 27, 2023

Bills punted to the fall veto session

Help for the Bears: The Bears are looking for some tax breaks as they consider a move from Soldier Field to a new stadium and entertainment complex they’d build in Arlington Heights. One proposal would freeze Arlington International Racecourse’s property assessment to give the Bears a consistent tax bill, but they’d need to appear before a board annually to determine how much to pay surrounding communities to offset property tax losses. It also includes various fees and taxes to pay for infrastructure surrounding the complex and debt related to Soldier Field renovations from 20 years ago. HB0610

Gun control: Under a bill passed by the House, judges could order people who are the subjects of orders of protection to immediately surrender their weapons to law enforcement. The Senate did not take up the measure. HB0676

Legal cannabis updates: More than a dozen proposed changes to the state’s recreational cannabis industry were proposed, but the measure encompassing them will likely need more work. One proposal would allow dispensaries to do drive-through and curbside sales, and allow state tax write offs for cannabis-related business expenses. It was presented in committee but didn’t advance due in part to concerns over Delta 8, a THC derivative sold at convenience stores and smoke shops that some wanted to ban outright. SB1559

Biometric privacy update: Currently, a business or other entity must get consent from someone before collecting or transmitting their biometric data, such as a fingerprint scan. If they don’t, the business could be liable for damages in each instance they broke the law. There was a movement in Springfield to change that liability after the Illinois Supreme Court issued a $17 billion judgment against White Castle earlier this year. A manager sued the fast food company for not gaining her consent before requiring her to use her fingerprint scan to access her paystubs. HB3199

Copyright 2023 WGLT

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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.

Brian Munoz

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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.

One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”

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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.

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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.

Dilpreet Raju

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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.

No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

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