Capitol - Your Illinois News Radar » Catching up with some new laws
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
To subscribe to Capitol Fax, click here.
Catching up with some new laws

Tuesday, Aug 31, 2021 - Posted by Rich Miller

* My in-box is filled with bill signing announcements, so let’s try to clear some of them out today. The governor signed this bill into law on Friday

Prior to the 2017 tax law changes effectuated by the Tax Cuts and Jobs Act (TCJA), an individual could take an unlimited deduction on its federal income tax return for SALT payments. However, the TCJA capped such SALT tax deduction at $10,000 for tax years beginning after December 31, 2017, and before January 1, 2026.

Senate Bill 2531, [signed] by Gov. Pritzker, provides owners of partnerships or S corporations with a workaround to the federal $10,000 SALT deduction cap effective for tax years ending on or after December 31, 2021, and beginning before January 1, 2026.

Under the legislation, a partnership or S corporation (each a “pass-through entity”) may elect to pay Illinois income tax at the entity level (which will be allowed as a deduction by the pass-through entity on its federal income tax return), and each owner of the pass-through entity may claim a credit on its Illinois individual income tax return equal to its share of the amount paid by the pass-through entity, effectively bypassing the $10,000 SALT deduction cap.

The IRS issued a notice in 20201 blessing this type of workaround late last year. Approximately a dozen other states have enacted similar workarounds.

* More from Crain’s

“The IRS came out with guidance last year that basically blessed the concept,” [sponsoring Sen. Win Stoller, R-Peoria] said. “It evens the playing field with C-Corps”—or big corporations.

Since the IRS gave the green light, at least 20 other states have enacted or proposed similar steps, including not only New York and Connecticut but our neighbors Wisconsin and Minnesota, said Keith Staats, executive director of the chamber’s Tax Institute. He pointed to a national group, Main Street Employers, that has been actively tracking the introduction and passage of such workaround legislation

The legislation passed both houses of the Illinois Legislature unanimously, a tribute to the fact that shorting Uncle Sam has bipartisan appeal.

Stoller said Illinois now receives about 400,000 individual returns a year that potentially would qualify for the higher deductions on companion federal filings. If each of those can deduct an additional $10,000, they’d save about $80 million in taxes, by one off-hand accounting rule that deductions reduce tax liability by about 2 percent.

* Sun-Times

Legislators and advocates of removing the state’s lead service lines said Monday a newly signed law moves the state closer to removing that “toxic infrastructure” and ensuring all Illinoisans have clean water to drink.

State Sen. Melinda Bush, a lead sponsor of the legislation, said the lines are a “health threat that not only costs us billions of dollars, but poisons our children and undermines our residents’ confidence” in their water supply.

“Passing this bill with strong bipartisan support demonstrates a fundamental truth about lead in our drinking water — it affects all of us, and every single one of us, especially our children, deserve clean, safe drinking water,” the Grayslake Democrat said.

* Scott Reeder

Gov. J.B. Pritzker signed legislation allowing terminally ill or incapacitated inmates to be released early from prison, after their case is assessed by the Illinois Prisoner Review Board.

It’s a measure that can be best described as merciful. Illinois is the 49th state to enact such legislation, leaving only Iowa without such a provision in its statutes.

“Unfortunately, so many of these people lose their lives, locked away behind bars without being able to spend their last moments with their family,” state Rep. Will Guzzardi, D-Chicago, told me Monday. “And so many of those folks, especially the people who have been very sick, or are permanently disabled are people who don’t pose any kind of public safety risk to their community.”

Guzzardi was the House sponsor of the legislation. I confided in him that I was stunned that it passed. After all, for most of the time I’ve covered politics a majority of legislators have had a lock ‘em up and throw away the key mindset.

* Press release…

Residents in nursing homes across the state who have not been able to connect with their loved ones or join religious events during the COVID-19 pandemic must now be given a virtual visitation option, thanks to a measure signed into law by Gov. JB Pritzker Friday. Senator Donald DeWitte (R-St. Charles) was the leading Senate Republican sponsor of the bill.

Senate Bill 2137 includes a provision that allows nursing home residents to connect virtually with family members, loved ones, and to religious or recreational activities when in-person visits are prohibited or restricted due to federal or state rules or guidance. Prior to its signing into law, SB 2137 passed with unanimous, bipartisan support in the Senate and House.

“The passage of this bill represents bi-partisanship at its best,” said State Sen. DeWitte. “This last year-and-a-half has been incredibly difficult for seniors who have been largely unable to touch or hug their loved ones during the COVID-19 pandemic, and SB 2137 will ensure that moving forward we place more of a balance between physical and social-emotional health.”

The law comes in the wake of 2020 research that shows that the harsh consequences of isolation and loneliness on a resident’s quality of life are alarming: 50 % increased risk of developing dementia, a 32% increased risk of stroke, and a nearly fourfold increased risk of death among heart failure patients.

* Press release…

On Friday, August 27th Governor Pritzker signed Representative Eva-Dina Delgado’s bill into law to open up opportunities for minority- and women-owned businesses by cutting red tape on state projects.

Currently, entrepreneurs need to certify with the State of Illinois that their business is minority- or woman-owned, even if they are already certified with the City of Chicago or Cook County. This needless, intrusive paperwork has closed the door for thousands of businesses from working on State or public university projects. Today, with HB132 signed into law, all businesses certified by Chicago or Cook County are automatically eligible to work on State or public university projects as part of their minority participation program.

* Press release…

Illinois today became the first state in the United States to place modest guidelines on how law enforcement can access personal information captured by so-called “smart devices” in our homes after Governor JB Pritzker signed the Personal Household Privacy Act (PHPA) into law. The new law, passed unanimously in both chambers of the Illinois General Assembly this spring, is being called critical by the sponsors and the ACLU of Illinois in light of the popularity and expansion of these devices – including virtual assistants, Ring doorbells and smart appliances.

The PHPA requires law enforcement agencies to obtain a warrant in order to get data gathered by a personal device from a private third party. Law enforcement can also obtain the data in an emergency situation or when the owner of the data voluntarily consents to it being shared. The devices capture a significant amount of information since the microphones are nearly always “on” awaiting a new command.

* Press release…

Earlier today, Governor JB Pritzker signed Senate Bill 2323 concerning the restraint and shackling of youth in DCFS care while being transported. The following statement can be attributed to Nora Collins-Mandeville, Director of Systems Reform Policy at the ACLU of Illinois:

With his signature today, Governor Pritzker significantly improved safety, dignity and respect for youth in the care of DCFS. Illinois now prohibits the use of physical and chemical restraints when DCFS, or private agencies, arrange transport for young people in DCFS’ custody.

Past incidents of DCFS youth being shackled during transports led to an agreement in federal court where DCFS promised not to shackle children, or use drugs to restrain them, unless restraints were ordered by a judge or DCFS first obtained high level medical and practice approvals. The new law goes further – no restraints are permitted for pre-arranged transports of DCFS youth. And in emergencies, DCFS youth will be treated like everyone else, and cared for according to the best judgment of responding medical professionals.

* Press release…

In an effort to lower recidivism rates among formerly incarcerated people, State Senator Robert Peters (D-Chicago) sponsored a new law that would provide these individuals with information to help them in their reintegration into society.

“Recidivism is caused by instability, period,” Peters said. “When a person is released from prison, they have to reenter a life they’ve been away from for months, years or decades. If they’re not given an opportunity to live their best lives, then they may face challenges that risk further destabilization.”

House Bill 3235 concerns incarcerated individuals who are scheduled to be released from an Illinois Department of Corrections facility. The law requires IDOC to provide these individuals with information on various topics, including how to obtain an ID card, voter registration, job listings, available housing, and any other information the department believes could help prevent recidivism within 45 days of their release.

“The point of a prison sentence ending in the first place is that the person gets to reintegrate into society,” Peters said. “If we make it difficult to do that, we’re only perpetuating the dangerous cycle of recidivism.”


Illinois will no longer be home so-called “puppy mills” after Governor JB Pritzker signed a piece of legislation into law on Friday.

A puppy mill is a large-scale, for-profit pet pet breeding company that often leaves animals in dangerous conditions and subject to disease.

The new law restricts the retail sale of dogs and cats to animal control and shelters only. This means stores couldn’t take and sell pets from certain breeders.

* Press release…

Governor JB Pritzker signed SB 1833 into law, allowing for the designation of cultural districts across the state. Managed by the Illinois Department of Commerce and Economic Opportunity (DCEO), this distinction will promote economic development and empower communities to honor their unique identities and economic contributions to Illinois.

“Illinois’ strength lies in our diversity and this legislation helps protect the rich history of cultural communities across the state while providing them with the tools they need to grow and thrive,” said Governor JB Pritzker. “Thanks to the efforts of the Latino Caucus, cultural districts in Illinois can now receive an official designation status, opening the door to economic investment and protecting cultural traditions for generations to come.”

Championed by the Latino Caucus, Senate Bill 1833 allows DCEO to establish criteria and guidelines for the creation of state-designated cultural districts. These designations aim to support economic development, preserve historic traditions and landmarks, and encourage cultural education by providing technical assistance such as promotional support and resources for small businesses.

* Press release…

Adults with intellectual and developmental disabilities will have expanded supports to make their own decisions about their daily lives under a new law sponsored by State Representative Lindsey LaPointe (D-Chicago) and State Senator Sara Feigenholtz (D-Chicago).

“Making your own decisions about the way you live your own life is a basic human right,” LaPointe said. “Under the new Supported Decision-Making Agreement Act, adults with intellectual and developmental disabilities will be able to get support from a trusted advisor when making important life decisions. This new law recognizes the rights and capabilities of people with disabilities in Illinois and creates an alternative to the often-inappropriate restrictions of legal guardianship.”

Under the new law, HB 3849, adults with disabilities can choose to enter into formal decision-making agreements, which identify trusted advisors to help them gather and interpret information, weigh their options, and communicate their decisions about health care, life choices and financial matters.

“Studies have indicated that, when persons with disabilities have increased self-determination, they experience better health and well-being,” LaPointe said. “I am proud that Illinois is joining the ranks of states that are protecting the rights of people with disabilities by passing supported decision-making statutes.”

The law, which takes effect in February 2022, requires the Guardianship and Advocacy Commission to post training and education materials on its website for individuals with disabilities and their identified supporters.

* Press release…

On Friday, pension board legislation introduced by State Representative Mark Batinick (R-Plainfield) was signed into law by Governor Pritzker. This bipartisan legislation was co-sponsored by Rep. Tom Morrison (R-Palatine) in the House and taken up by Senator John Connor (D-Lockport) in the Senate with Senators Jason Barickman (R-Bloomington) and Laura Murphy (D-Des Plaines) also co-sponsoring the bill.

“I am happy to have worked with Senator Connor to pass this important legislation,” said Rep. Batinick. “House Bill 3004 will bring necessary ethics reform and transparency to pension boards in our state. This bill is one small step towards a more ethical Illinois.”

House Bill 3004 prohibits members of pension funds, investment boards, and retirement systems from being employed by the same fund, board, or system during their service and for 12 months after stepping down from their board membership roles. It also allows board members to temporarily serve in a senior administrative staff position if such a position becomes vacant. However, this service would only be permissible under a certain circumstance and would be served on an interim basis with conditions.

* More…

* Pritzker Vetoes Ambulance Reimbursement Bill; Ambulance Group To Seek Override

* Pritzker signs bill removing witness requirement for end-of-life care

* Illinois home-based food products can be sold directly to customers in 2022 under new law


  1. - Sue - Tuesday, Aug 31, 21 @ 12:54 pm:

    The Pritzker tax work around is likely to benefit folks who are financially well off including the Governor himself. The people who can use the benefit the most are apt to be working middle class types who suffer the most from our highest in the nation property tax bills and won’t benefit from the legislation

  2. - MisterJayEm - Tuesday, Aug 31, 21 @ 1:11 pm:

    “Gov. J.B. Pritzker signed legislation allowing terminally ill or incapacitated inmates to be released early from prison, after their case is assessed by the Illinois Prisoner Review Board.”

    Can someone smarter than I am explain how this legislation differs from/changes Illinois’s current clemency system?

    – MrJM

  3. - Grandson of Man - Tuesday, Aug 31, 21 @ 1:32 pm:

    The SALT deduction cap was put in place to financially hinder blue states and teach them a fiscal responsibility lesson, by the people blowing up national debt and deficits and being blue state tax dependent for decades. Good to see us starting to claw this back. Hopefully the cap will be fully repealed if it’s in the Biden budget plan and it passes in some form.

  4. - JoanP - Tuesday, Aug 31, 21 @ 1:55 pm:

    = Can someone smarter than I am explain how this legislation differs from/changes Illinois’s current clemency system? =

    While I certainly would never claim to be smarter than MrJM, I’ll try.

    The clemency system is still in place. When a prisoner files for clemency, the PRB reviews the petition and sends a recommendation to the governor, who has the final say.

    This legislation, first of all, applies only to medical conditions, and the governor is not involved. It’s strictly a decision of the PRB. There’s also a requirement that a hearing be held and a decision made within a set period of time. Unlike clemency where the governor could sit on the petition forever.

  5. - Anyone Remember - Tuesday, Aug 31, 21 @ 2:12 pm:

    Women and Minority owned business certifications from Chicago / Cook County will now be accepted. Since the BEP Program has an income cap, why can’t it be merged into the various small business programs at DCEO?

  6. - MisterJayEm - Tuesday, Aug 31, 21 @ 2:17 pm:

    Thank you, JoanP*

    Those were exactly the answers that I was looking for.

    – MrJM

    *forbidden punctuation

  7. - Bigtwich - Tuesday, Aug 31, 21 @ 3:42 pm:

    ==a majority of legislators have had a lock ‘em up and throw away the key mindset.==

    Back in the last century when I was in a State’s Attorneys office we made an effort to get sick prisoners out of the county jail. When in custody they were not covered by Medicaid. The medical expenses were covered by the county while in the county jail. The state covered the expenses when they were in a state prison. I believe it is the same today. That may have had some effect.

  8. - Bourbon Street - Tuesday, Aug 31, 21 @ 4:05 pm:

    ==a majority of legislators have had a lock ‘em up and throw away the key mindset==

    So true, and they’ve had that mindset for decades now, thereby necessitating Rep. Guzzardi’s bill.

Sorry, comments for this post are now closed.

* Isabel’s afternoon roundup
* Uber Partners With Cities To Expand Urban Transportation
* Yes on operations and capital spending, No on revenues to pay for it
* Giannoulias on House floor while bill goes down
* Some budget react
* Governor rebuffs Rep. Crespo’s worries of future fiscal cliff
* Coverage roundup: House sends $53.1 billion FY25 budget to the governor
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Welch: 'No one's ever said the House is boring'
* House passes budget 65-45 - BIMP passes 62-46 - Grocery tax elimination sails 86-20 - Revenue omnibus put on postponed consideration - Motion to reconsider passes - But big problem and Dems will have to suspend the rules - Concurrence motion finally passes as GOP gives up
* Yesterday's stories

Visit our advertisers...











Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005


RSS Feed 2.0
Comments RSS 2.0

Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller