UPDATE x1: At 10:39 PM Wednesday night (10/27), the Illinois House passed 64-52 another version of Rep. Gabel's changes to SB 1169 – with 7 Democrats joining the House's 45 Republicans in voting no. An effort rushed to vote during the short "veto" session, the measure now moves to the Illinois Senate, where it is sponsored by Senators Don Harmon and Melinda Bush – both Democrats.
Amendment 3 amends the Health Care Right of Conscience Act. Provides that it is not a violation of the Act for any person or public official, or for any public or private association, agency, corporation, entity, institution, or employer to take any measures or impose any requirements intended to prevent contraction or transmission of COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations. Provides that it is not a violation of the Act to enforce such measures or requirements. Provides that the Section applies to all actions commenced or pending on or after the effective date of the amendatory Act.
UPDATE x2: Here's what State Senator Dave Syverson (R-Rockford) wrote on a Facebook page about the vote:
Democrats did not have the votes to change the law so they did what they do best, changed the rules and lowered the number of votes needed to pass the bill.
Under the new bill the law does not go into effect until June of ‘22 . This tells you it is not about Covid.As I have said from day one, this is about the Governor taking full control over peoples lives.These people are dangerous!
UPDATE x3: Despite thousands of opposition slips, the Illinois Senate rushed through a vote on SB 1169 late Thursday night (10/28)- and the Democrats carried the vote across the finish line with Rep. Gabel's amendment above. However, the measure does NOT go into effect until June 2022. Until then, the unamended state law remains in effect – even after Governor Pritzker signs SB 1169 into law.
SPRINGFIELD – A measure pushed by Governor Pritzker and led by State Rep. Robyn Gabel (D-Evanston) to dismantle Illinois' Healthcare Right of Conscience Act drew unprecedented outrage during Tuesday's veto session (10/25).
Via Illinois General Assembly's internet system of filing witness slips, over 50,000 Illinoisans voiced their opposition to Pritzker and Gabel's effort (SB 1169 Amendment 2) within a 24 hour period before the House Executive Committee met late Tuesday afternoon.
Still, the measure passed the Executive Committee along party lines – with nine Democrats voting to change the law while the six Republicans on the committee voted 'No."
As written, Rep. Gabel's amendment to Illinois Healthcare Conscience Act of 1998 would be changed to explicitly address COVID-19 circumstances – allowing non-vaccinated persons to be excluded from employment or schools:
Sec. 13.5. Violations related to COVID-19 requirements.
It is not a violation of this Act for any person or public official, or for any public or private association, agency, corporation, entity, institution, or employer, to take any measures or impose any requirements, including, but not limited to, any measures or requirements that involve provision of services by a physician or health care personnel, intended to prevent contraction or transmission of COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations.
It is not a violation of this Act to enforce such measures or requirements, including by terminating employment or excluding individuals from a school, a place of employment, or public or private premises in response to noncompliance.This Section is a declaration of existing law and shall not be construed as a new enactment.
Accordingly, this Section shall apply to all actions commenced or pending on or after the effective date of this amendatory Act of the 102nd General Assembly. Nothing in this Section is intended to affect any right or remedy under federal law.
Currently, the Illinois Healthcare Conscience Act protects persons from being discriminated against or punished for refusing medical procedures.
The measure, Rep. Gabel said, was never meant to protect people from being punished for refusing vaccinations. It is legal under federal or state law for employers to require vaccination as a condition of employment, she said during testimony.
She emphasized the amendment is a "clarification" – not new legislation. Religious exemption would still be available, she said, and it only applies to COVID.
The Governor's office said this is a "clarification" – that the manner it is being used these days was not intended when the Act was created. Judges are ruling in favor of Illinois citizens, based on the Healthcare Conscience Act, they said.
The House Executive Committee hearing and discussion on SB 1169 is available for review on the Edgar County Watchdog website.
"We do not think the should be amended during this session – It is not enough time for public to weigh in," Bob Gilligan of Illinois' Catholic Conference said. He emphasized the Catholic position is for people to be vaccinated.
"If you restrict Conscience Rights during COVID, what's next?" Gilligan said. Testing should and could be mandated, he said.
Despite the overwhelming opposition, Gabel's measure passed the committee Tuesday afternoon.
Word is the Democrats may not have enough votes to have the measure pass the Illinois House during this veto session – and that the Democrats' powerful Black Caucus have several members holding out.
Rep. Gabel is getting a count on the House floor today.
Continued – See Updates 1, 2 and 3 above.
