Governor gives boon to trial lawyers, vetoes treasurer-backed bill

The governor signed 266 laws on Friday, moving closer to finalizing his part in approving – or rejecting – more than 430 laws sent to him by lawmakers this spring.

The new laws include measures to make public defenders more independent, tighten safety regulations at warehouses and increase the age for required annual driver tests.

Gov. JB Pritzker also vetoed two bills, a somewhat rare move from a governor of the same party as the legislature’s supermajorities. One veto was somewhat technical – a budget provision already implemented the policy – but the other highlighted a policy disagreement between him and the state treasurer.

Toxic substance lawsuits

One of the bills Pritzker signed Friday invited almost immediate pushback from Republicans and business groups.

The law, outlined in Senate Bill 328, allows lawsuits to continue against companies that operate in Illinois even if the company and plaintiffs are from other states. The law only applies to cases dealing with “toxic” substances under state law.

The law is seen as good for trial lawyers, who might see expanded business opportunities under the new law. The head of the Illinois Trial Lawyers Associations applauded the governor’s approval last week and said that the “sole intent” of the new law is provide justice for people exposed to toxic substances.

But critics, like the Illinois Manufacturers Association, say the measure will be bad for business.

A group of Republican lawmakers filed a lawsuit challenging the bill earlier this summer, criticizing it as legalizing “litigation tourism.”

That lawsuit – focused on the legislative process more than the bill’s contents – also could end the practice of passing “gut-and-replace” bills. That’s a procedural maneuver where lawmakers modify a bill already passed in one chamber of the General Assembly with an amendment that removes the entire bill and replaces it.

This move is unpopular among some lawmakers who see it as unconstitutional because it limits or precludes substantial debate on a bill’s actual contents. The lawsuit is still pending in Sangamon County.

Pritzker vetoes nonprofit investment pool

Another measure – this one backed by state treasurer Michael Frerichs – would have allowed Frerichs’ office to create an investment pool for Illinois nonprofits. The treasurer’s office would then invest those funds and provide the returns on those investments back to the nonprofits.

But Pritzker vetoed Senate Bill 246, saying that the measure had harmful unintended consequences.

“It would unfortunately allow Illinois’ financial investments to be used to benefit fringe and extremist groups,” Pritzker wrote. “I cannot sign a bill that unintentionally allows extremist groups to advance their hateful missions by exploiting state services and resources.”

Pritzker pointed to an Indiana nonprofit linked to the Oath Keepers, an anti-government militia that watchdog groups label as an “extremist” organization. Leaders of the group were found guilty of seditious conspiracy for their role in the U.S. Capitol riots on Jan. 6, 2021.

Pritzker said that organization would be eligible for the investment fund program. But the treasurer issued a statement countering that claim.

“I strongly disagree with the governor’s misguided belief that hate groups would use a state investment pool,” Frerichs said in a statement. “The bill specifically requires that to be eligible, a nonprofit must provide a copy of their audited financial statements. No hate group would ever agree to that. Sunshine remains the best disinfectant for fighting hate.”

Statewide public defender office

Another law signed Friday, contained in House Bill 3363, will create the “Office of State Public Defender” to provide public defender offices throughout the state with more resources. It also reforms the public defender appointment process in an effort to give public defenders more independence from local judges.

An analysis of public defender data from a Northwestern University research team, which supported the bill, found that Illinois had a shortage of public defenders in fiscal 2023, with only about 56% of the needed number currently allocated statewide.

A 2021 report commissioned by the Illinois Supreme Court found similar results in nine counties. None of those counties had sufficient resources to provide defendants with proper legal representation.

The need for public defenders has also increased in years since the state’s abolition of cash bail in 2023. Cases now require more work in the pretrial phase.

Lawmakers appropriated $10 million for county public defense services in this year’s budget, the same they’ve appropriated since 2023.

Other bills

Drivers tests for seniors: House Bill 1226 requires drivers age 79 and over to take annual drivers test, an increase from the previous requirement age of 75.

Artificial intelligence professors: House Bill 1859 bans the use of AI as primary instructors in community colleges.

PFAS ban for fire fighters: House Bill 2409 requires that companies selling fire-fighting equipment disclose the presence of perfluoroalkyl and polyfluoroalkyl substances, sometimes called “forever chemicals.” It bans the use of them in clothing used by fire fighters by 2027 and in other equipment by 2030.

PFAS ban in other industries: House Bill 2516 bans, by 2032, PFAS chemicals in children’s products, cosmetics, intimate apparel like sleepwear or underwear, menstrual products and dental floss.

Warehouse tornado safety: House Bill 2987 requires that warehouses provide a tornado safety plan and build new warehouses with stricter safety standards. The measure follows a lethal warehouse collapse in 2021.

‘Chicken bill’: Farmers who process fewer than 7,500 chickens annually will be exempt from state and federal inspections of their poultry operations or from having to send birds to USDA-approved processing facilities – an increase from the previous 5,000-bird threshold. It requires products to be labeled as not-inspected, if processed under this exemption.

Noncitizen representation: House Bill 2436 grants the Cook County Public Defender the ability to represent noncitizens during immigration proceedings.

Defibrillators in nursing homes: House Bill 1287 requires skilled care facilities to have automatic external defibrillators by 2030.

Home births: House Bill 2688 allows certified nurse midwives to enter a written agreement with a physician to provide or assist with home births. In designated maternity care deserts, they can enter into such an agreement even if the local physicians don’t provide home births.

Baby food safety: Senate Bill 73 requires baby food makers to test their products for arsenic, cadmium, lead and mercury at least once per month.

Price transparency at the gym: Senate Bill 314 requires fitness centers to disclose any changes to customer fees at least 60 days before the automatic renewal of a contract.

AI in schools: Senate Bill 1920 requires the state board of education to develop guidance on the use of artificial intelligence in schools.

Scott’s Law update: Senate Bill 1922 expands the law requiring drivers to move over for police vehicles to apply to any authorized emergency vehicle whether or not it is stationary.

Transfer credit requirements: Senate Bill 1958 requires community colleges to facilitate transfer credits between community colleges and encourages them to work with state universities to make transferring credits easier.

Ben Szalinski and Jerry Nowicki contributed research.

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