Spring 2023 Legislative Recap

The spring session of the 103rd General Assembly adjourned on May 26th, 2023 after a very consequential session in which they passed 566 bills (out of almost 7,000 introduced). Legislators will reconvene for Veto Session in late October and early November and again for the regular spring session in early 2024. Forefront staff compiled this list with significant input from many valued partners that championed these bills. Unless noted, bills below passed, and will become law upon the Governor’s signature soon.

Below is a summary of key bills in accordance with Forefront’s public policy position statements. You can also jump directly to each section:

Advancing Racial Justice + Equity
Democratic Participation + Civic Engagement
Innovative Public-Private Partnership
Economic Security for Nonprofit Employers + Residents
Equitable Tax Policy
Defending + Supporting the Nonprofit Workforce
Building Trust Through Sector Oversight + Accountability

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Be sure to note the Key Takeaways and Next Steps for Nonprofit Employers at the end of this summary.

Don’t forget to get involved in supporting legislation and policy favorable to the social impact sector by visiting Forefront’s Social Impact Action Center.

Advancing Racial Justice + Equity

SB 90: Education-Harassment

Requires school district, charter school, or nonpublic, nonsectarian elementary or secondary schools to create, implement, and maintain an age-appropriate policy on discrimination and harassment based on race, color, or national origin, and retaliation.

SB 1446: School Dress Code Policy

Requires the State Board of Education to provide schools with resource materials by 7/1/24 regarding a student wearing or accessorizing graduation attire with items associated with their cultural, ethnic, or religious identity, and forbids a school board or local school council from prohibiting a student from doing so.

SB 1817: Illinois Human Rights Act: Housing/Immigration Status

Adds various forms of housing discrimination based on immigration status to the list of things defined as a civil rights violation in the Illinois Human Rights Act; prohibits discriminatory advertisements for room rentals; protects U.S. Citizens, refugees, asylum seekers, and migrants from housing discrimination; prohibits discrimination based on a person’s actual or perceived immigration status; updates the IHRA to ensure our state law protections are comparable to federal law protections.

HB 1633: School Code + Native American History

Adds Native American and disability representation to the State Education Equity Committee; requires, beginning with the 2024-25 school year, that study of the genocide of and discrimination against Native Americans, tribal sovereignty, treaties made between tribal nations and the United States, and the circumstances around forced Native American relocation shall be taught in grades 6 through 12; requires curriculum to be created with stakeholder input and published on ISBE’s website by 1/1/25.

HB 3643: Kosher/Halal Food

Requires that public schools and all other state facilities must provider kosher and halal food options upon request.

Advancing Racial Justice + Equity

HB 3055: Faith Behind Bars Act

Creates the Faith Behind Bars Act, which provides that a person committed to a correctional institution or facility has a right to practice his or her faith in the correctional institution or facility, have access to pastoral and spiritual care and diverse reading materials, be provided time and place to pray, and be allowed to abide by dietary restrictions and fast.

HB 3413: Human Skeletal Remains Protection Act + Native Americans

Streamlines procedures by which Native American remains and materials are found in Illinois and returned to their communities; establishes the Native American Review Group; permits the Department of Natural Resources to work with nationally recognized tribes to create non-public burial sites on state land for reburial of repatriated Native American remains, graves, markers, or artifacts.

HB 3768: MENA Racial Classification

Amends state law to add "Middle Eastern or Northern African" as a racial classification beginning 7/1/25. Nonprofits that conduct business with the state should take steps to likewise include the MENA category in their own data collection and reporting in preparation for related requirements if they do not already do so.

HJR 18: Task Force on Black Immigrants

Creates the Task Force on Black Immigrants to study the economic, social and legal status of Black immigrants and provide recommendations. The task force will consist of 16 volunteer members, with the Illinois Department of Human Rights providing administrative support.

Innovative Public-Private Partnership

HB 2831: Fighting Homelessness

Makes the Office to Prevent and End Homelessness within the Department of Human Services, originated by the Governor’s executive order during the pandemic, permanent state law. Facilitates a strategic plan and initiatives aimed at decreasing homelessness and unnecessary institutionalization in Illinois, improving health and human services outcomes for people who experience homelessness, and strengthening the resources that contribute to housing stability. Creates the Community Advisory Council on Homelessness at IDHS to make recommendations to the Task Force with the goals of achieving functional zero homelessness. Supported by a wide range of housing providers, advocates, and stakeholders.

Economic Security for Nonprofit Employers + Residents

SB 1476: Affordable Housing Planning + Appeal Act

Improves the Affordable Housing Planning and Appeal Act by identifying zoning restrictions and other local policies that do not affirmatively further fair housing and/or constrain the supply of affordable housing; adding a first-time requirement for plans to include timelines for action steps and reporting on implementation; expanding appeals process so resident or housing organization can file. The shortage of affordable homeownership opportunities contributes to the racial wealth gap. Chicagoland has the biggest gap between white and Black households' rate of homeownership among metro areas in the US. Population loss in Illinois is most pronounced among working class Black and Latino residents; affordable housing expansion may counteract this.

HB 2471: Healthy School Meals for All program

Creates the Healthy School Meals for All program to provide state funding to Illinois schools to enable them to offer quality, free school meals to all children who need and want one, no matter their family’s income. The program would maximize use of an existing Federal program and expand access to free school meals, helping to reduce the stigma often associated with qualifying for free or reduced-price meals.

HB 2719: Medical Debt Prevention

Aims to prevent medical debt by requiring that uninsured community members be screened for eligibility for healthcare programs or financial assistance.

HB 1187: Nonprofit Security Grant Program

Makes practical changes to the Nonprofit Security Grant Program (NSGP) including allowing for security self-assessment tools to be used in the application process, improving definitions to respond to the threat of lone-wolf domestic terrorism, clarifying the range of security enhancements eligible under the program, encouraging strong outreach to promote the program.

HB 579: State Based Health Insurance Marketplace

Establishes a state-based health insurance marketplace for Illinois. This allows the state to expand healthcare access with targeted outreach to underinsured communities, and protects the state from any federal efforts to disrupt healthcare enrollment

Economic Security for Nonprofit Employers and Residents

SB 1508: Joint Special Instant Scratch-off Lottery Game + Task Force

Creates the Joint Special Instant Scratch-off Lottery game and a related Task Force beginning 1/1/24 and ending 1/1/27, which may benefit up to 10 causes at a time, with net revenue divided equally among the causes. Causes include 8 previously existing games and 2 new games: 1) Carolyn Adams Ticket for the Cure, 2) Illinois Veterans, 3) Scratch-out Multiple Sclerosis, 4) Quality of Life, 5) Go For the Gold, 6) State Police Memorials, 7) Homelessness Prevention, 8) Alzheimer’s Care, 9) United Negro College Fund Illinois and 10) Illinois DREAM Fund.

HB 2396: Full Day Kindergarten

Requires Illinois elementary and unit public school districts to offer full-day kindergarten by the 2027-2028 school year. After that time, offering half-day kindergarten would be optional. Some districts would be able to apply for a two-year waiver based on their level of state funding. The measure would also create a task force to study the number of districts offering kindergarten, the number of students enrolled and several other factors. The task force is to be named by October, with an interim report due to lawmakers by June 30, 2024, and a final report by Jan. 31, 2025.

HB 3230: Behavioral Health Crisis Care in Illinois Act

Strengthens the Behavioral Health Crisis Care in Illinois Act; requires a cost analysis for 9-8-8 crisis response system and sustainable blended funding for call centers, mobile crisis response teams, and crisis stabilization centers; calls for other changes that will improve how DMH and HFS manage and coordinate across the crisis continuum and engage with stakeholders including parents and marginalized communities.

Equitable Tax Policy

SB 172/HB 1241: Illinois Gives Act Charitable Tax Credit

The Illinois Gives Act Charitable Tax Credit gained momentum this spring, but did not ultimately pass. Since January 2022, Forefront’s policy team made over 200 personal contacts with over 70 legislators on this proposal; gave oral testimony alongside stakeholders at 3 subject matter hearings in the House and Senate, submitted written testimony 3 additional times, added 41 bipartisan sponsors, collected almost 170 witness slips, engaged over 200 stakeholder actions through our action center, and presented the proposal directly to key leaders including Senate President Harmon and his Chief of Staff, Senate Minority Leader Curran, House Majority Leader Gabel, House Minority Leader McCombie, Secretary Hou, Governor’s policy staff, Speaker of the House Chief of Staff – just to name a few. In the final moments of the 2023 revenue omnibus negotiations, Illinois Gives was added to the FY24 revenue package, then removed just a few hours later, while other private-sector tax credits advanced. An income tax credit is generally understood to be the hardest type of legislation to pass in Illinois; after almost 20 years of folks working on this proposal, we got closer than ever in the past 2 years. In so doing, we increased awareness of Forefront and of the importance of community foundations across the state, and most importantly, of the need for nonprofits to have more general operating and capital resources in order to fulfill their missions and serve Illinois communities. Forefront is currently assessing, with stakeholders, whether to pursue this tax charitable credit in the future, or move on to other priorities. Please see our related Fact Sheet.

Equitable Tax Policy

SB 74: Property Tax Code

Creates a Property Tax Payment Plan Task Force to guide the implementation of a payment plan option for delinquent Cook County homeowners.

SB 1463: Minors + Fees

Eliminates fees and fines assessed in cases against minors under the age of 18 ranging from $25-$800+. Fees and fines are generally considered akin to a tax. Practices across counties are inconsistent, creating a patchwork of economic injustice falling particularly hard on low-income and BILPOC youth in certain regions, including rural areas. By passing SB1463/HB3120, Illinois joins a bipartisan group of 20 states that have done the same.

SB 1675: Delinquent Tax Sale

Reforms the IL delinquent tax sale system to allow municipalities and counties to quickly intervene after one failed delinquent tax sale to prevent abandoned properties from remaining vacant and cycling through the tax sale system for years, reduces taxpayer-funded payouts to private tax buyers by narrowing “Sale in Error” loopholes, halves the monthly interest rate on delinquent taxes for homeowners in Cook County, and allows alternatives to the Cook County Scavenger Sale for vacant or abandoned properties.

Defending + Supporting the Nonprofit Workforce

SB 57:Community Behavioral Health Care Professional Loan Repayment Plan

Makes numerous changes to the Community Behavioral Health Care Professional Loan Repayment Program, including stipulating that no less than 30% of the funding for grants each fiscal year shall be reserved for awards to minority applicants of African American or Black, Hispanic or Latinx, Asian, or Native American origin.

SB 2288: Course Parity in Higher Education

Grants course parity for 18 majors under the Illinois Articulation Initiative, which is a partnership between the Community College Board and the Illinois Board of Higher Education that includes studies that lead to nonprofit sector jobs. Also requires the IAI to develop an equivalency plan for elementary and secondary education majors to help Illinois address the teacher shortage.

HB 3129: Including Salary Ranges + Benefits

Requires employers with 15 or more employees, including nonprofit employers, to include salary ranges and benefits on job board listings, newspaper ads and postings made by a third-party (e.g., Indeed). Nonprofit employers with 15 or more employees should take steps to include salary ranges and benefits on job board listings, newspaper ads and postings made by a third-party (e.g., Indeed) by January 1, 2025. As a reminder, employers should also plan to comply with other recent employer requirements including the prohibition against asking about salary history and providing Paid Leave For All Workers (read more here and here).

HB 3702: Returning Resident Clean Jobs Training Program Data

Requires Program Administrators for the Returning Resident Clean Jobs Training Program to collect disaggregated enrollment and recidivism data and report it to the Office of Equity (i.e., by race, ethnicity, gender, age, and location).

Defending and Supporting the Nonprofit Workforce

HB 2862: Temp Worker Fairness and Safety Act

Requires temporary workers be paid the equivalent rate of pay received by a permanent worker after 90 consecutive days of employment; enshrines whistleblower rights; requires temp worker hiring agencies to inform employees of any hazards in the workplace and what training exists to mitigate those risks.

HB 3400: Illinois Works Jobs Program Data

Requires Department of Labor to make quarterly instead of annual reports on the number of people employed on public works under the Illinois Works Jobs Program, and further requires the data to be disaggregated by gender, race, ethnicity, and type of trade.

HB 2450: Cultural Competency Training for Healthcare

Ensures that healthcare providers will have the tools and knowledge to effectively serve their diverse communities, while at the same time, providing healthcare professionals with the flexibility they need in order to fulfill their continuing education requirements; for health care professional license or registration renewals occurring on or after January 1, 2025, professionals with CE requirements must complete at least a one-hour course in training on cultural competency. Supported by the Healthcare Cultural Competency Coalition.

HB 3516: Paid Leave for Organ Donors

Requires private employers with 51 or more employees to provide employees with up to 10 days of earned leave in any 12-month period to serve as an organ donor.

Building Trust Through Sector Oversight + Accountability

SB 1715: Water Bottle Refilling Stations

Requires new construction sites that require drinking fountains (i.e., buildings that are 5000 sq ft or have an occupancy of 100 people) to include bottle refill stations after 2026. This would apply to non-profits building new building(s) and for employee break rooms to whatever extent they are not already meeting these standards. Nonprofits with capital construction plans after 2026 should include plan to include bottle filling stations if they are impacted by the requirements of SB1715.

SB 58: Degradable Plastic

Bans the purchase of polystyrene (aka Styrofoam) food ware by the state of Illinois and its contractors and vendors, which only applies to nonprofits that possess a contract to run a state owned/leased site. Nonprofits that want to replace their Styrofoam products, whether in direct response to SB58, or because of health concerns, may refer to this guide from New York.

Building Trust Through Sector Oversight and Accountability

HB 1197: Nonprofit Audit Threshold

Increases the Nonprofit Audit Threshold from $300,000 to $500,000 in charitable contributions. Forefront championed this bill and will provide related technical assistance, resources and educational event(s) later this year. See related Fact Sheet. Nonprofits with charitable contributions between $300,000 and $500,000 should prepare to adjust their annual financial reporting procedures in light of the new audit threshold.

SB 247: Charitable Activity

Expands the list of what constitutes charitable activity in IL. Forefront submitted written testimony on this bill.

8 Key Takeaways and Next Steps for Nonprofits

In response to legislative action summarized here, nonprofit employers should proactively prepare as follows. Please contact [email protected] with questions, feedback, or any important updates we missed.

MENA Data: Nonprofits that conduct business with the state should take steps to likewise include the MENA category in their own data collection and reporting in preparation for related requirements if they do not already do so.
Temporary Workers: Nonprofit employers that rely on temporary workers should prepare for the financial and regulatory requirements of HB2862.
Job Postings: Nonprofit employers with 15 or more employees should take steps to include salary ranges and benefits on job board listings, newspaper ads and postings made by a third-party (e.g., Indeed) by January 1, 2025. As a reminder, employers should also plan to comply with other recent employer requirements including the prohibition against asking about salary history and providing Paid Leave For All Workers (read more here and here).
Paid Leave for Organ Donors: Nonprofits with 51 or more employees should prepare to update their paid leave policies to comply with new requirements to provide leave for organ donors.
Audit Requirements: Nonprofits with charitable contributions between $300,000 and $500,000 should prepare to adjust their annual financial reporting procedures in light of the new audit threshold.
Disposable Products: Nonprofits that want to replace their Styrofoam products, whether in direct response to SB58, or because of health concerns, may refer to this guide from New York.
Bottle Filling Stations: Nonprofits with capital construction plans after 2026 should include plan to include bottle filling stations if they are impacted by the requirements of SB1715.
Keep in Touch: Sign up for policy action alerts, so you can engage with legislators easily in the future regarding nonprofit sector priorities at the state and federal level.

Spring 2023 Legislative Recap

8 Key Takeaways and Next Steps for Nonprofits

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