|March 8, 2023
Highlights from Today:
|The House and Senate were both in Springfield for this week's second day of session which was once again full of committee action. As this is committee deadline week, no action of note occurred on the floor while there was major action occurring in committees held throughout the day.
The Senate and House will both return to the floor tomorrow, March 9th at 12 pm and 1 pm respectively. Hearings begin at 8 am tomorrow morning in the House and the 8:30 am in the Senate.
Committee Action of Note:
HB 1122, Freelance Workers passed out of House Labor by a vote of 18-10-0. As amended, this bill creates the Freelance Worker Protection Act. Provides that, except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount no later than 30 days after the freelance worker provides the product or completes the services under the contract. Provides that once a freelance worker has commenced preparation of the product or performance of the services under the contract, a contracting entity shall not require as a condition of timely payment that the freelance worker accept less compensation than the amount of the contracted compensation. Requires written contracts for services or products provided by a freelance worker. Sets forth the information such written contracts must include. Provides that a contracting entity must retain its contract with a freelance worker for no less than 2 years and must make the contract available to the Department of Labor upon request. Requires the Department to make model contracts available on its website for use by the general public at no cost. Prohibits a contracting entity from taking any action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under the Act. Sets for the procedure for freelance workers to file a complaint alleging a violation of the Act. Provides that complaints shall be reviewed by the Department to determine whether there is cause for the Department to initiate the process of facilitating the exchange of information between the parties. Contains provisions concerning notification and response requirements. Authorizes the Attorney General to initiate or intervene in a civil action if the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern and practice prohibited under the Act. Contains provisions concerning Attorney General investigations; civil penalties; and other enforcement matters. Provides that, subject to appropriation, the Department may conduct a public awareness campaign regarding the Act that, at a minimum, includes making information available on its website, otherwise informing contracting entities of the provisions of this Act, and establishing a means for assistance by a natural person through phone or email. Requires the Department to submit a report every 5 years to the General Assembly on freelance contracting and payment practices, the number of complaints received by the Department alleging a violation of the Act, and other matters. Requires the Department to publish each report on its website. Grants the Director rulemaking authority.
HB 1166, Equal Pay passed out of House State Government 6-3-0. This bill amends the Illinois Procurement Code. Provides that, for procurements first solicited on or after January 1, 2025, a person who is required to obtain an equal pay registration certificate under Section 11 of the Equal Pay Act of 2003 may qualify as a bidder, offeror, or contractor under this Code if the person was issued an equal pay registration certificate from the Department of Labor during the previous 2 calendar years. Provides that, for any bid or offer for a contract with a State agency by a person required to obtain an equal pay registration certificate under Section 11 of the Equal Pay Act of 2003, the chief procurement officer shall verify that the person holds an equal pay registration certificate issued during the 2 calendar years prior to award. Amends the Equal Pay Act of 2003. Provides that, beginning December 31, 2024, and annually thereafter, the Director shall make publicly available a list of businesses that were issued an equal pay registration certificate by the Department in the previous 2 calendar years.
HB 1363, Employer/Gender Related Violence passed out of House Judiciary-Civil 10-4-0. This bill amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. Provides that an employer is only liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides that liability only extends to gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while agent of the employer was directly involved in the performance of the contracted work and the contracted work was the proximate cause of the injury. Provides that an employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, then within 4 years after the person reaches the age of 18.
HB 1409, State Contracting Goals/Engineering passed out of House State Government 6-3-0. This bill amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all goals established concerning the awarding of State contracts apply to architectural, engineering, and land surveying contracts under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Removes references to architectural and engineering services in a provision concerning State contracts awarded to insurance services, architectural and engineering services investment management services, information technology services, accounting services, and legal services.
HB 1604, Day and Temporary Labor passed out of House Labor 18-10-0. This bill provides that a day and temporary labor service agency must provide an application receipt to applicants who seek a work assignment. Provides that a day or temporary laborer has the right to refuse an assignment to a place where a strike, a lockout, or other labor trouble exists. Provides that a day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work. Provides for a right of action by interested parties for civil penalties against a day and temporary labor service agency. Provides for protections against abusive contracts. Makes changes in provisions concerning recordkeeping; wage payment and notices; work restrictions; registration; violations; enforcement; penalties; third party clients; retaliation; and private rights of action.
HB 1615, Nurse Workforce passed out of House Labor 27-0-0. This bill provides that the Illinois Nursing Workforce Center shall convene various groups of representatives of nurses, other health care providers, businesses and industries, consumers, legislators, and educators, including 2 representatives of a labor organization recognized under the National Labor Relations Act representing active registered professional nurses licensed by the Department of Financial and Professional Regulation, appointed by the Secretary of Financial and Professional Regulation. Provides that the employer survey shall be developed no later than 2027 (rather than 2026). Requires the Center to report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with recommendations by no later than December 31, 2029.
HB 2131, Traffic Fatalities passed out of House Transportation: Vehicles & Safety by a vote of 11-0-0. This bill requires the Secretary of Transportation to establish and convene the Zero Traffic Fatalities Task Force to develop a structured, coordinated process for early engagement of all parties to develop policies to reduce traffic fatalities to zero. Provides that the Task Force shall include, but is not limited to, representatives from the Illinois State Police, State-supported institutions of higher learning, the Department of Transportation, the Department of Public Health, local governments, bicycle safety organizations, statewide motorist service membership organizations, transportation advocacy organizations, and labor organizations. Requires the Secretary of Transportation to prepare and submit a report of findings based on the Zero Traffic Fatalities Task Force's efforts to the General Assembly on or before January 1, 2025.
HB 2189, Insulin passed out of House Prescription Drug Affordability & Accessibility Committee 13-0-0. This bill provides that each manufacturer shall establish procedures to make insulin available to eligible individuals who are in urgent need of insulin or who are in need of assistance to access an affordable insulin supply. Sets forth provisions concerning insulin urgent-need program exceptions, eligibility, forms, applications, claims and reimbursement, copayments, information sheets, navigators, and penalties. Defines terms. Amends the Illinois Insurance Code. In provisions concerning cost sharing in prescription insulin drugs, provides that an insurer that provides coverage for prescription insulin drugs under the terms of a health coverage plan the insurer offers shall limit the total amount that an insured is required to pay for a 30-day supply of covered prescription insulin drugs at an amount not to exceed $35 (rather than $100).
HB 2246, Expressway Cameras passed out of House Transportation: Vehicles & Safety Committee 11-0-0. This bill establishes that funds from the Illinois State Tollway Highway Authority may be used for installation and maintenance of the camera systems, telecommunications costs, and for camera warranties. Provides that cameras shall be interoperable with the Illinois State Police current camera system. Makes other changes. Amends the Freedom of Information Act. Provides that the provision exempting images from cameras under the Expressway and Highway Camera Act are inoperative on and after July 1, 2025 (rather than 2023).
HB 2287, Electric School Buses passed out of House Elementary & Secondary Education: Administration, Licensing & Charter Schools 6-3-0. This bill provides that all school buses that are newly purchased, leased, or contracted after January 1, 2028, shall be an electric vehicle. Provides that all school buses that provide transportation for enrolled students operating primarily within an equity investment eligible community or primarily serving students living in an equity investment eligible community after January 1, 2030, shall be an electric vehicle. Provides that all school buses that provide transportation for enrolled students in the State after January 1, 2035, shall be an electric vehicle.
HB 2288, Veterans/Procurement passed out of House State Government 11-0-0. This bill provides that, as used in a provision of the Code that establishes procurement goals for veteran-owned small businesses, the term "small business" means a business that has annual gross sales of less than $150,000,000 (rather than less than $75,000,000) as evidenced by the federal income tax return of the business.
HB 2531, South Suburban Airport passed out of House State Government 11-0-0. This bill amends the Public-Private Agreements for the South Suburban Airport Act. Defines cargo-oriented development as the development of places that are both multimodal nodes of freight transportation and centers of employment in logistics and manufacturing businesses. Provides that the Department of Transportation shall (instead of may) establish a process for prequalification of offerors. Requires the Department to commence the prequalification process within 6 months after the effective date of the amendatory Act.
HB 2547, Warehouse Workers passed out of House Labor 18-10-0. This bill provides that each employer shall provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act. Provides for a private right of action. ELC Executive Director Aaron Harris testified on behalf of the Chamber in opposition to this bill.
HB 2898, Higher Education/MAP passed out of House Higher Education Committee 8-4-0. This bill amends the Private Business and Vocational Schools Act of 2012. In provisions regarding institution and program approval criteria, provides that a part of the criteria for approval is fair and equitable reimbursement in the case of an unfair or deceptive practice finding. Amends the Higher Education Student Assistance Act. In provisions concerning the monetary award program, sets forth provisions concerning an institution that received monetary award program funds at a time the institution was using unfair or deceptive practices, including refunding State funds to the Illinois Student Assistance Commission and awarding grants to students who attended that institution. Amends the State Finance Act to create the MAP Refund Fund as a special fund in the State treasury.
HB 3129, Pay Scale passed out of the House Labor Committee 18-10-0. This bill provides that it is unlawful for an employer with 15 or more employees to fail to include the pay scale for a position in any job posting. Provides that if an employer with 15 or more employees engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale to the third party and the third party shall include the pay scale in the job posting.
HB 3131, Workplace/COVID passed out of House Labor 18-10-0. This bill creates the Workplace COVID-19 Safety Committees Act. Provides that each private employer of at least 30 employees shall establish a safety committee at each of the employer's primary places of employment. Establishes requirements for composition of committees and meetings, records, reporting, and training. Provides for the duties of committees relating to hazard assessment and control, safety and health planning, development of procedures for accident investigations, and other specified matters. Provides that the safety committee shall assist the employer in providing information, instruction, training, and supervision as is necessary to ensure the health and safety of employees at work and individuals affected by their activities. Provides that the Department of Labor may levy a civil penalty upon an employer that violates the Act as established by rule.
HB 3351, Prevailing Wage/Solar passed out of House Labor 21-4-0. This bill provides that the projects under the Illinois Solar for All Program shall be subject to the prevailing wage requirements included in the Prevailing Wage Act. Provides that the Illinois Power Agency shall require verification that all construction performed on the project is performed by workers receiving an amount for that work equal to or greater than the general prevailing rate, as that term is defined in the Prevailing Wage Act. Provides that all projects, with the exception of residential houses and houses of worship, shall be classified as public works similar to the applicable projects falling under the Adjustable Block program are classified.
HB 3400, IL Works Jobs Program passed out of House Labor 28-0-0. This bill provides that the Illinois Works Review Panel's examination of workforce demographic data collected by the Illinois Department of Labor must include demographic information about the workforce on public work projects contracted by the State or an agency of the State by contractor, race, gender, trade, hours worked by payroll cycle and annually, whether apprentice or journeyworker, and, if an apprentice, which year of apprenticeship, and whether or not the apprentice is a graduate of the Illinois Works Preapprenticeship Program. Provides that individual members of the workforce shall be given a unique identifier so that progress and retention can be tracked without sharing personally identifiable information. Creates the Access and Opportunity Committee to monitor and report on the progress of ensuring that all Illinois residents have access to careers in the construction industry and building trades on current State capital projects, including those who have been historically underrepresented in those trades. Includes provisions regarding Committee membership, powers and duties, and meetings.
HB 3491, Prevailing Wage/Contractors passed out of House Labor 18-10-0. This bill provides that any laborer, worker, or mechanic who is employed by the contractor or by any lower tier sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project.
HB 3551, Procurement passed out of House State Government by a vote of 8-0-0. This bill amends the Illinois Procurement Code. Removes a repeal date for the definition of "single prime", but makes the definition inoperative on January 1, 2026 for public institutions of higher education. Removes a provision limiting applicability through December 31, 2025 of provisions related to single prime projects. Removes a provision limiting the Capital Development Board from using the single prime procurement delivery method under specified circumstances. Limits provisions relating to building construction contracts in excess of $250,000 to public institutions of higher education. Provides that, before electing to use single prime on a project, the Capital Development Board must make a written determination that must include a description as to the particular advantages of the single prime procurement method for that project and an evaluation of specified factors. Provides that the Chief Procurement Officer must review the Capital Development Board's determination and consider the adequacy the evaluation of the specified factors to determine whether the Board may proceed with single prime. Allows the Board to cure their determination if the Chief Procurement Officer finds the Board's written determination insufficient. Provides that, when procuring construction or construction-related projects with a total value over the small purchase maximum, the construction agency shall provide a bid preference to a responsive and responsible bidder that is an Illinois business (currently, just responsible bidder). Provides that the construction agency shall allocate a bid preference of 4% to the lowest bid by an Illinois business that is responsible and responsive. Specifies that the preference applies only to projects where a bid has been submitted by a business that is not an Illinois business.
HB 3606, BEP Good Faith Effort passed out of House Economic Opportunity & Equity Committee by a vote of 5-3-0. This bill amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines terms. Provides factors for determining whether a good faith effort has been made for purposes of granting a waiver under the Act. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning uniform contract goals. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Business Enterprise Council may (rather than shall) grant a waiver under specified circumstances. Provides criteria for granting a waiver.
HB 3720, BEP Goals passed out of the House Economic Opportunity & Equity Committee by a vote of 5-3-0. This bill provides that the Commission on Equity and Inclusion shall establish goals based on the types of communities served by businesses. Requires corporations that are publicly held domestic or foreign corporation with their principal executive office located in Illinois to provide in their annual report the percentage of professional services procurements from business enterprises owned by minority persons, women, or persons with disabilities as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the Secretary of State shall establish a publicly accessible and searchable database of the information in each annual report.
HB 3725, Vision Care passed out of the House Human Services Committee 9-0-0. This bill provides that no vision care organization may issue a contract that requires an eye care provider to provide services or materials to an enrollee at a fee set by the vision care plan unless the services or materials are covered under the vision care plan. Provides that an eye care provider who chooses not to accept amounts set by a vision care plan for noncovered services or noncovered materials shall post a specified notice. Requires fees for covered services and materials to be reasonable and clearly listed on a fee schedule provided to the eye care provider. Prohibits a vision care organization from misrepresenting the benefits of a vision care plan as a means of selling coverage or communicating the benefit coverage to enrollees. Provides that the Act applies to any subcontractors used by a vision care organization to supply materials or services to an eye care provider or an enrollee under a vision care plan. Prohibits a vision care organization from restricting an eye care provider's freedom to choose suppliers, materials, or labs or from requiring an eye care provider to purchase materials from a source owned by the entity that issued the vision care plan. Provides that an eye care provider recommending an out-of-network supplier of vision care materials to an enrollee shall provide written notice thereof. Provides that the terms, fees, discounts, or reimbursement rates in a vision care plan may not be changed unless mutually agreed to in writing by the eye care provider and the vision care organization. Sets forth prohibited contract terms that may not be required by a vision care organization as a condition of contracting with a medical plan. Provides that a person or entity adversely affected by a violation of the Act by the vision care organization may seek injunctive relief and shall recover attorney's fees and costs from the vision care organization upon prevailing. Amends the Consumer Fraud and Deceptive Business Practices Act to provide that any person who violates the Vision Care Plan Regulation Act commits an unlawful practice.
HB 3927, Public-Private Partnership Act passed out of House State Government 8-1-0. This bill, as amended, creates the Public-Private Partnerships Act. Provides that the intent of the Act, among others, is to authorize responsible public entities to develop and enter into public-private partnership agreements for qualifying projects which result in the availability of such projects to the public in a more timely and less costly fashion, thereby serving the public safety, benefit, and welfare. Creates the Infrastructure Investment Commission, including its membership and duties. Establishes the qualifications and processes related to unsolicited proposals for projects that become public-private agreements for the building, upgrading, providing of services, operating, ownership or financing of facilities. Sets forth the procedures and standards for the formation of public-private agreements between public and private entities, including the powers of the entities and the provisions of the agreements. Establishes development and operation standards for projects. Includes provisions related to the taxation and financial arrangements related to public-private partnerships. Provides that each facility project awarded by a responsible public entity shall be performed pursuant to the requirements of the Illinois Prevailing Wage Act (rather than pay wages pursuant to prevailing standards). Provides that any public-private agreement entered into under a public-private partnership between a vendor and a responsible public entity pertaining to the building, altering, repairing, maintaining, improving, or demolishing of a facility shall require any contractor and all subcontractors to comply with the Illinois Procurement Code. Provides that a public-private agreement project shall require the contractor and all subcontractors to enter into a project labor agreement utilized by the Department of Labor and evidence that the contractor or subcontractor has entered into a fully executed project labor agreement with the applicable local building trades council. Provides that any public-private agreement entered into under a public-private partnership between a vendor and a responsible public entity shall include a provision requiring the selected vendor to enter into a labor peace agreement with any bona fide labor organization, including any bona fide labor organization that represents or is attempting to represent any of its employees necessary for the ongoing maintenance and operation of such agreement.
SB 133, Public Construction Bonds passed out of Senate Judiciary 9-0-0. This bill provides that a local governmental unit may not withhold retainage of more than 5% from any payment to a contractor who furnishes the bond or bond substitute required by the Act and that the contractor and its subcontractors may not withhold retainage of more than 5% from their subcontractors.
SB 249, Prevailing Wage/Public Works passed out of Senate Labor by a vote of 10-4-0. This bill amends the Prevailing Wage Act. Provides that the provisions of the Act apply to the construction or demolition of public works performed by an employee of a public body engaged in the construction or demolition of public works on behalf of another public body.
SB 328, Automatic Contract Renewal passed out of Senate Judiciary 8-0-0. This bill provides that the clear and conspicuous disclosure of an automatic renewal clause displayed during the contract formation process must require the consumer to affirmatively consent to the renewal terms. Provides for additional notice requirements concerning contracts that automatically renew for a specified term of more than one month unless the consumer cancels the contract. Provides for additional notice requirements concerning contracts that allow the consumer to accept a free gift or trial as part of an automatic renewal offer before the consumer makes any payment, or where such contract entitles the consumer to an introductory reduced, promotional, or discounted rate before the customer begins paying the full rate. Provides that a person, firm, partnership, association, or corporation that allows consumers to accept an automatic renewal or continuous service offer online shall allow a consumer to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate the automatic renewal or continuous service immediately.
SB 1288, Dental passed out of the Senate Insurance Committee 10-0-0. This bill amends the Illinois Insurance Code. In provisions concerning provider notification of dental plan changes, provides that no insurer, service corporation, dental service plan corporation, insurance network leasing company, or any company that issues, delivers, amends, or renews an individual or group policy of accident and health insurance on or after the effective date of the amendatory Act that provides dental insurance may automatically enroll a provider in a leased network without the provider's written consent. Provides that any contract entered into or renewed on or after the effective date of the amendatory Act that allows the rights and obligations of the contract to be assigned or leased to another insurer shall provide for notice that informs each provider in writing via certified mail 90 days before any scheduled assignment or lease of the network to which the provider is a contracted provider (rather than shall provide notice of that assignment or lease within 30 days after the assignment or lease to the contracting dentist). Provides that an insurer, service corporation, dental service plan corporation, insurance network leasing company, or any company that issues, delivers, amends, or renews an individual or group policy of accident and health insurance on or after the effective date of the amendatory Act that provides dental insurance that leases or assigns its network shall not cancel a network participating dentist's contractual relationship or otherwise penalize a network participating dentist in any way based on whether or not the dentist accepts the terms of the assignment or lease.
SB 1515, Employment Verification passed out of Senate Labor 12-4-0. This bill Provides for additional rights and protections granted to an employee following the notification from the Social Security Administration of a discrepancy. Provides that specified requirements apply if an employer takes any adverse action against an employee.
SB 1782, Minor/Online Content passed out of Senate Labor 16-0-0. This bill provides that upon reaching the age of majority, any individual who was a minor engaged in the work of vlogging may request the permanent deletion of any video segment including the likeness, name, or photograph of the individual from any online platform that provided compensation to the individual's parent or parents in exchange for that video content. Provides that a vlogger who features a minor child in a specified amount of the volgger's content shared on an online platform must set aside a specified amount of gross earnings on the video content in a trust account to be preserved for the benefit of the minor upon reaching the age of majority. Provides for the requirements of the trust account.
SB 1913, Telehealth passed out of Senate Insurance 10-0-0. This bill amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the medical assistance program shall be subject to provisions of the Illinois Insurance Code concerning telehealth services. Makes a conforming change in the Illinois Insurance Code.
SB 1996, Manufacturing Mentorship passed out of Senate Education 13-0-0. This bill creates the Manufacturing Mentorship Program to be administered by the Department of Labor for the purpose of exposing minors who are 17 years of age to manufacturing occupations in the State through temporary employment with an employer. Provides for educational and training requirements that an employer must satisfy to ensure the safety of minors. Provides that the Director of Labor, in consultation with employers, shall adopt rules specifying a list of the tools that a minor who is employed under the program may operate during the minor's employment in a manufacturing occupation. Amends the Child Labor Law. Provides that nothing in the Act applies to the employment of a minor, 17 years of age, in a manufacturing occupation under the Manufacturing Mentorship Program.
SB 2034, Child Extended Bereavement passed out of Senate Labor 16-0-0. This bill provides that an employee of a large employer that employs 250 or more full-time employees is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Provides that an employee of a small employer that employs at least 50 but fewer than 250 full-time employees is entitled to use a maximum of 6 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Provides that leave may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be completed within one year after the employee notifies the employer of the loss. Permits an employer to require reasonable advance notice of the employee's intention to leave and reasonable documentation. Provides that an employee who takes leave under the Act is entitled to be restored to the position of employment held by the employee when the leave commenced or to be restored to an equivalent position. Provides that nothing in the Act shall be construed to entitle any restored employee the accrual of any seniority or employment benefits during any period of leave. Provides that the Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993 or under any other paid or unpaid leave provided under federal, State or local law, a collective bargaining agreement, or an employment benefits program or plan. Prohibits an employer from taking any adverse action against an employee who exercises his or her rights under the Act. Requires the Department of Labor to enforce the Act. Provides that a person who uses leave under either the Child Bereavement Leave Act or the Child Extended Bereavement Leave Act may not take leave under the other Act, and amends the Child Bereavement Leave Act accordingly.
SB 2121, Customer Credit Account passed out of the Senate Financial Institutions Committee 8-0-0. This bill provides that if a merchant closes a customer's credit account because the merchant's business is closing or being liquidated, or due to inactivity on the credit account by its owner, the merchant shall report to the credit reporting agencies and to the owner of the account information explaining that the account was closed due to issues related to the merchant or inactivity and not the customer's failure to pay the balance of the credit account. Provides that any person who violates the provisions commits an unlawful practice.
SB 2280, Employment passed out of Senate Labor 11-4-0. This bill amends the State Finance Act. Changes the name of the Equal Pay Registration Fund to the Equal Pay Fund. Amends the Personnel Record Review Act. Provides that an employer shall, upon the employee's written request, email or mail a copy of a requested record to the employee. Repeals provisions concerning copies of personnel records. Amends the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Day and Temporary Labor Services Act. Provides that every employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall provide specified information by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. Repeals the Wages of Women and Minors Act. As amended, replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Equal Pay Act of 2003. Provides that any business that is required to file an annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission must submit to the Director of Commerce and Economic Opportunity a list of all employees during the past calendar year (rather than a copy of the business's most recently filed Employer Information Report EEO-1 and a list of all employees during the past calendar year). Defines "compensation". Amends the Child Labor Law. Provides that an email address provided by the party in the course of the administrative proceeding shall not be used in any subsequent proceedings, unless the party designates that email address for the subsequent proceeding.
SB 2381, INS Supplier Diversity passed out of Senate Insurance 10-0-0. This bill requires every insurance company authorized to do business in this State or accredited by this State with assets of at least $50,000,000 to submit an annual report on its voluntary supplier diversity program to the Department of Insurance. Sets forth provisions on what the report must include and how and when the report must be submitted. Provides that, for each report, the Department shall publish the results on its Internet website for 5 years after submission. Requires the Department to hold an annual insurance company supplier diversity workshop in February of 2024 and every February thereafter to discuss the reports with representatives of the insurance companies and vendors. Provides that the Department shall prepare a template for voluntary supplier diversity reports.
SB 2408, Prevailing Wage passed out of Senate Labor 12-3-0. This bill provides that any laborer, worker, or mechanic who is employed by the contractor or by any lower tier sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project.
Additional bills of note from today will be highlighted in tomorrow's Rail Report.
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Chamber Rail Report | Andrew Cunningham, Editor
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