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It’s just a bill

Friday, Sep 26, 2025 - Posted by Isabel Miller

* Illinois Economic Development Corp Chairman John Atkinson

Recently, Illinois has developed significant economic development momentum by targeting projects in future-defining sectors while strengthening our established industries. Our unmatched infrastructure, diverse workforce, top-tier education, central location and coordinated strategy are helping fuel impactful growth and rewrite the narrative on our business climate. This turnaround is also a testament to the creativity and effectiveness of Gov. JB Pritzker and the General Assembly in creating incentives — such as the REV program, MICRO Act and AIM Credit, to name a few — that give CEOs the confidence to choose Illinois.

But in today’s marketplace, we need every tool available to continue winning. That’s exactly what a new bill, introduced by Rep. Jay Hoffman, assistant majority leader, would provide.

Currently before the Illinois General Assembly, this legislation would give qualifying megaprojects — those investing at least $100 million and committing to stay for 20 years or more — the ability to negotiate long-term, predictable property tax agreements with local governments. These agreements would provide companies with stable costs as they grow in Illinois, while schools and municipalities would gain a reliable revenue stream they can plan around with confidence. […]

Crucially, there are no state dollars in play and no impact on our balanced budget. Instead, it gives control to local authorities and allows us to unlock investment that might not otherwise be possible.

Without this tool, Illinois is at serious risk of losing out to one of the 37 other states that already offer similar programs. In Ohio, New Albany granted Intel a 30-year, 100% property tax abatement to land a $20 billion semiconductor campus. In Texas, Samsung secured a package of long-term abatements for a massive chip plant. And in South Carolina, state leaders approved a 40-year tax abatement via the state’s FILOT (Fee in Lieu of Tax) Program to secure a new Scout Motors electric vehicle manufacturing plant.

* Evanston Now

Four key Illinois legislators say that the upcoming veto session in Springfield will end with a solution in place for the $771 million “fiscal cliff” facing Chicago-area mass transit. […]

Rep. Kam Buckner, another Chicago Democrat, said “we got the bill at 11:47 p.m.” on the last day of session, making it impossible to bring it to a vote.

However, both Democrats [Rep. Buckner and Sen. Ram Villivalam] agreed that there will be a vote, and a positive vote, later this fall.

Buckner pointed out that “some people are saying we can wait, but for the sake of our transit systems we have to get this done now. I think we will do it.” […]

Both Metra and PACE leaders are now saying they should be able to make it through 2026 with no service cuts, and CTA may be able to avoid cuts until midway through the year, in part because of increased internet sales tax revenue, which helps fund transit.

But Villivalam said the long-term needs are still very real, and the projected 40% service reductions without a cliff resolution are out there, even if they’re a bit farther away.

* WAND

State lawmakers are reviewing multiple proposals to help lower utility bills and increase energy capacity during veto session. Storage will play a key role in any plan lawmakers try to pass next month.

Illinois could create virtual power plants by having solar-powered batteries installed at homes and commercial buildings. People would receive rebates if they purchase a battery and agree to let the state access the stored energy during some of the hottest days of the summer.

“With the help of this legislation, we can get a lot of storage online fast,” said Bryan McDaniel with the Citizens Utility Board. “Large scale battery storage can be deployed very quickly compared to traditional sources of power. This speed to market attribute is really important, as we are already experiencing the cost of inaction.”

Advocates said the Storage for All program would run similarly to the state’s Solar for All program. The state would also establish consumer protection requirements to prevent misleading marketing and abusive practices by vendors.

This legislation also calls on the Illinois Power Agency to conduct procurement events to award incentive contracts to energy storage developers, aiming to bring three gigawatts of new storage projects online by 2030 and six gigawatts by 2035.

* It’s not a bill…yet. Legal Action Chicago, Catholic Conference of Illinois, Citizen Action Illinois, Woodstock Institute and others…

The Illinois Supreme Court yesterday let stand an Appellate Court’s decision upholding an arbitrator’s decision allowing an out-of-state company to charge an Illinois resident 483% APR to borrow money – more than ten times the State’s 36% rate cap. The Supreme Court declined to take up the case, effectively allowing Illinois residents to be subject to the laws of the state where an online lender does business: in this case Utah.

Utah is considered the Wild West in the world of consumer lending. Predatory lenders set up shop there to enjoy the state’s lack of an interest cap. By contrast, consumers in Illinois are protected – or were meant to be protected – by the Predatory Loan Prevention Act (PLPA) – which caps the interest rate on consumer loans at 36%.

In this case, Silver Financial, a company doing business in Utah, made a loan to Joseph Morgan, an Illinois resident, with an APR of 483% in April 2022. Under the PLPA, that APR is illegal, and the loan is null and void on its face. Silver Financial was able to get away with charging whatever it wanted through two legal mechanisms: (1) forced arbitration, and (2) choice of law. “Forced arbitration” is fine print buried in a contract forcing you, the consumer, to take any disputes to arbitration, instead of court. “Choice of law” means the company gets to choose which state’s laws apply. In this case, the company chose…. You guessed it… Utah!

On June 30, 2023, an arbitrator found that the PLPA and the public policy of Illinois were inapplicable, and the Illinois Appellate Court for the 1st District, on February 4, 2025, affirmed the arbitrator’s decision, finding that applying Utah law did not violate the public policy of Illinois.

“It has long been common knowledge that you don’t forfeit your rights when you log on to your computer and shop on the internet, but like so many other things these days, a new normal is descending upon us,” said Brent Adams, Senior Vice President of Policy & Advocacy at Woodstock Institute. “The implications of this decision are not confined to consumer lending. We are routinely forced to sign arbitration clauses when deciding to receive goods or services from a particular company; cell phone service, internet, and credit cards, in addition to loans, are among the types of industries that use forced arbitration clauses. We are all at risk of being subject to an arbitrator who will enforce a ‘choice of law’ clause drafted by a company who wants to stack the deck in its favor.”

Illinois is not entirely powerless in this situation. The Illinois Department of Financial & Professional Regulation (IDFPR) issued a cease & desist order on May 19, 2025. Silver Financial had ten days to request a hearing and refused to do so. If Silver Financial is still offering loans to Illinois consumers, the Attorney General’s Office may go to court seeking an injunction to enforce IDFPR’s order.

Today, Mr. Morgan’s attorneys filed a Petition for Rehearing with the Illinois Supreme Court noting that IDFPR’s order is in direct conflict with the Appellate Court’s decision.

Meanwhile, this coalition is working with policy experts to develop state laws to stop forced arbitration. Another possible reform is to create a Restitution Fund funded by fines paid by other licensees. The Restitution Fund would be used to pay restitution to consumers who are harmed by financial predators who fall outside the State’s reach.

Unfortunately, the final takeaway is buyer beware. When you buy a good or service or borrow money over the internet, you are taking a risk. If something goes wrong, you might find yourself in arbitration with an arbitrator selected by the company applying the laws chosen by the company. The laws could be the laws of Utah, the Virgin Islands, Isle of Man, or China, and, if you lose, you might have no remedy or recourse.

       

18 Comments »
  1. - fs - Friday, Sep 26, 25 @ 9:51 am:

    Is it just me, or does the Hoffman bill sound a lot like what the Bears, at least in part, are asking for? I haven’t read the actual bill yet, so I could be missing something.


  2. - TheInvisibleMan - Friday, Sep 26, 25 @ 9:52 am:

    “On June 30, 2023, an arbitrator found that the PLPA and the public policy of Illinois were inapplicable”

    This probably kills BIPA too.


  3. - Steve - Friday, Sep 26, 25 @ 9:57 am:

    -we need every tool available to continue winning-

    Lower gas taxes, becoming a right to work state, and tort reform is what Illinois is up against.


  4. - Liz - Friday, Sep 26, 25 @ 10:09 am:

    Yes, the Hoffman bill is what the Bears are asking for.

    Does this mean that its supporters are making a new strategic choice, and trying to position it as being about luring in big industrial projects, because they think it’s not going to fly for it to “look like” it’s about the Bears? I don’t know.

    But it really sticks in my craw that small and middle-sized businesses get the shaft while we dole out massive sums of money to lure big out of state businesses to set up shop here.


  5. - Three Dimensional Checkers - Friday, Sep 26, 25 @ 10:11 am:

    You’re almost better going to a loan shark than a payday loan. I mean, two points a week is only a 112% APR. I hope they outlaw these choice of law provisions and effectively ban these out of state companies from offering these predatory products in Illinois.


  6. - Huh? - Friday, Sep 26, 25 @ 10:11 am:

    What fs said x2.

    I guess steve wants Illinois to become north mississippi.


  7. - It's always Sunny in Illinois - Friday, Sep 26, 25 @ 10:19 am:

    Four key Illinois legislators say that the upcoming veto session in Springfield will end with a solution in place for the $771 million “fiscal cliff” facing Chicago-area mass transit. […]

    Which means…..we’re going to introduce/pass increased taxes and or fees on the entire state to bail out the first of many Chicago financial messes.
    Plan on the taxes/fees being made public knowledge at lease 24 hours before passing on the last day of the session.


  8. - Excitable Boy - Friday, Sep 26, 25 @ 10:34 am:

    - becoming a right to work state -

    My company has hundreds of union trades workers working on massive projects in Louisiana and Indiana among other places. I guess those states can’t find enough locals to do the job.


  9. - Harrison - Friday, Sep 26, 25 @ 11:10 am:

    There are 27 right to work states including Wisconsin, Indiana, Iowa

    Illinois has the second highest gas tax behind California

    Illinois is also the friendliest state for lawyers in the USA

    https://worldpopulationreview.com/state-rankings/lawyer-friendly-states

    Stop with the gaslighting about Mississippi


  10. - Demoralized - Friday, Sep 26, 25 @ 11:13 am:

    ==There are 27 right to work states ==

    So what. Illinois isn’t going to become a Right to Work state, nor should it. Bruce Rauner’s union busting ideas failed miserably. The majority of voters in this state do not want Illinois to be a Right to Work state so move on.


  11. - Excitable Boy - Friday, Sep 26, 25 @ 11:13 am:

    - There are 27 right to work states including Wisconsin, Indiana, Iowa -

    And our GDP dwarfs all of them.

    - Stop with the gaslighting about Mississippi -

    What gaslighting? They’re an extremely poor state that relies heavily on federal subsidies that come from wealthier states, like Illinois.


  12. - Demoralized - Friday, Sep 26, 25 @ 11:14 am:

    ==Which means==

    I’m glad you are Kreskin and have it all figured out. You have zero idea what it means.


  13. - 40,000 ft - Friday, Sep 26, 25 @ 11:28 am:

    I’m glad to see the word “predator” used with the situation of Silver Financial’s runamok greed harming people.

    Invisible Man is reading the tea leaves regarding BIPA.


  14. - Steve - Friday, Sep 26, 25 @ 11:33 am:

    -steve wants Illinois to become north mississippi.-

    Just want Illinois to be able to compete against other states. The last 20 years , Illinois has struggled in the competition with other states.


  15. - Leap Day William - Friday, Sep 26, 25 @ 11:35 am:

    == There are 27 right to work states including Wisconsin, Indiana, Iowa ==

    Yet people move to Northwest Indiana and the Iowa side of the Quad Cities but keep their jobs in Illinois.

    == Illinois has the second highest gas tax behind California ==

    I don’t know about you, but I like it when my major roads, interchanges, and bridges get fixed instead. Indiana has a gas excise tax of $0.36/gal plus the gasoline use tax of 7%, for an average rate of $0.54/gal, compared to our $0.66/gal, yet it is always is somehow more expensive for me to fill up in Indiana than it is to fill up in Champaign.

    == Illinois is also the friendliest state for lawyers in the USA
    https://worldpopulationreview.com/state-rankings/lawyer-friendly-states ==

    This is a meaningless metric. I would prefer that we have competent professionals working here, including lawyers. The law is tricky, but if you want Lionel Hutz or Barry Zuckercorn negotiating your legal needs whenever you need them, then please go right ahead. Let us all know how that works out for you.

    == Stop with the gaslighting about Mississippi ==

    Mississippi has some of the worst roads I’ve ever driven on, and they don’t even have the excuse of snow to hide behind. It’s a state that has easily earned its reputation with their governmental words, actions, and deeds.


  16. - Sox Fan - Friday, Sep 26, 25 @ 11:38 am:

    Seems crazy to me that 36% APR is considered “non predatory”


  17. - Pundent - Friday, Sep 26, 25 @ 11:47 am:

    =Just want Illinois to be able to compete against other states.=

    States that are chasing Illinois and doing so by stripping away worker protections and not investing in their own infrastructure. If that’s your definition of winning I’ll take a pass.


  18. - Harrison - Friday, Sep 26, 25 @ 12:00 pm:

    Winning is actually growing the economy in Illinois which leads to higher wages, lower unemployment, population growth and a state budget that is easier to balance because tax receipts go up

    We are 48th in job growth

    I will take a pass on that abysmal record

    https://seidmaninstitute.com/job-growth/state/


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