2023 Illinois Lame Duck Legislative Session Wrap-up

January 12, 2023

By Timothy Jackson, Director of Government Relations


With the U.S. Supreme Court overturning of Roe v. Wade and the deluge of gun violence across Illinois as the backdrop, the Illinois General Assembly gaveled into the 2023 Lame Duck Session on Wednesday, January 4, 2023. At a time when the rights to access comprehensive reproductive health care are under attack, we should be doing MORE not less to protect and expand these rights, especially for trans and non-binary Illinoisans.  

Without question, AIDS Foundation Chicago (AFC) believes that gender-affirming care is reproductive health care. AFC believes that access to PrEP (pre-exposure prophylaxis) and PEP (post exposure prophylaxis) is reproductive health care and is a critical component of the state’s Getting to Zero Illinois plan to end the HIV epidemic by 2030. In the months following the Dobbs decision that overturned Roe v. Wade, AFC worked alongside state lawmakers of the Illinois House Dobbs Decision Working Group and community partners at the ACLU of Illinois, Equality Illinois, Planned Parenthood, and many others to craft HB 4664, the Patient and Provider Protection Act, important legislation that safeguards and expands reproductive and gender-affirming care in Illinois. Specifically, HB4664 provides the following reforms, among others: 

  • Requires abortifacients (medications administered to terminate a pregnancy), gender-affirming hormonal therapy medications and PrEP/PEP medications to be covered by insurers without cost-sharing. 
  • Allows patients to receive hormonal birth control over the counter from a pharmacist under a statewide standing order from the Illinois Department of Public Health. 
  • Provides legal protections for any licensed healthcare professional performing an abortion procedure. 
  • Allows advanced practice registered nurses and physician assistants to perform aspiration abortion procedures that do not require general anesthesia. 
  • Protects patients, providers and those assisting patients and providers, from aggressive litigation from states targeting reproductive health care and gender-affirming health care within Illinois. 

AFC thanks Representative Kelly Cassidy (D-Chicago), Senator Celina Villanueva (D-Chicago), the Dobbs Decision Working Group and the many advocates for getting this critical legislation across the finish line. HB4664 now awaits Governor Pritzker’s signature where we fully expect him to sign it. 

In our policy and advocacy work, AFC understands that our efforts to end Illinois' HIV epidemic extends beyond increasing access to and uptake of PrEP and the retention of more people living with HIV in care. We know that our efforts must center the communities most impacted by HIV and must be grounded with intersectionality. With this understanding, AFC was proud to work alongside various community partners and state lawmakers to advance numerous other initiatives to Governor JB Pritzker’s desk for his signature including: 

  • HB9, Birth Certificate Modernization: This legislation modernizes the state’s birth certificate law by allowing a person to self-attest for gender marker corrections on birth certificates, allows an individual exiting incarceration, individuals experiencing homelessness, and youth in care to obtain a corrected birth certificate at no cost, and codifies availability of the gender-neutral (X) designation on birth certificates. This legislation, which goes into effect on July 1, 2023, was sponsored by Representative Jennifer Gong-Gershowitz (D-Glenview) and Senator Laura Fine (D-Glenview). 
  • HB2542, Name Change Registration: This legislation helps trans and gender-expansive people and survivors of human trafficking live safer and more authentic lives by removing the state’s onerous restrictions on changing your name. This legislation was sponsored by Representative Kelly Cassidy (D-Chicago) and Senator Bill Cunningham (D-Chicago).  
  • HB3878, Fix the Illinois Rental Housing Support Program: This legislation, sponsored by Representative Curtis Tarver II (D-Chicago) and Senator Cristina Pacione-Zayas (D-Chicago), increases the Rental Housing Support Program (RHSP) fee on the recordation of real estate documents from $10 to $20. This legislation, which goes into effect July 1, 2023, serves about 2,400 extremely low-income households throughout the state and the additional funding will allow the program to serve more people and more parts of the state. 
  • HB5471, Protect Illinois Communities Act: This law bans assault weapons and high-capacity magazines from being manufactured or sold in Illinois. This legislation, sponsored by Representative Bob Morgan (D-Deerfield), House Speaker Emanuel “Chris” Welch (D-Westchester) and Senate President Don Harmon (D-Oak Park), makes Illinois the 9th state in the nation with an assault weapons ban. Governor Pritzker signed this legislation into law on January 10, 2023, with an immediate effective date.  
  • SB208, Paid Leave for All Workers Act. This legislation provides up to 40 hours (5 days) of paid time off for any reason (including paid sick time), accrued at 1 hour of leave for every 40 hours worked. This legislation, which goes into effect on January 1, 2024, was sponsored by Representative Jehan Gordon-Booth (D-Peoria) and Senator Kimberly Lightford (D-Hillside) 

The 2023 Lame Duck Session of the 102nd General Assembly was a flurry of activity that produced nation-leading reforms to curb gun violence and protect the rights of all Illinoisans to access reproductive and gender-affirming care. Moving forward, AFC looks forward to working with members of the new 103rd General Assembly in the 2023 spring session to advance crucial policy priorities related to addressing the high costs of health insurance premiums, the creation of overdose prevention sites, and increased funding for HIV/STI prevention, testing and treatment.  

Undoubtedly, AFC remains committed to protecting the most marginalized in our communities, including people living with or vulnerable to HIV. To stay engaged in AFC’s advocacy work throughout the year, please be sure to sign up for our Mobile Action Network here

Categorized under AFC news, Illinois and Inside Story.

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