Legislative Action of Note
HB 1224 Contract Retainage-Support passed as amended, Senate Executive 13-0-0. Amends the Public Construction Bond Act. Provides that, before the completion of 50% of the contract for public works, the State or a local governmental unit, except for the Department of Transportation, may not withhold retainage from any payment to a contractor who furnishes the bond or bond substitute required by the Act in an amount above, 10% of any payment made before the date of completion of 50% of the contract for public works. Provides that, when a contract for public works is 50% complete, the State or the local governmental unit, except for the Department of Transportation, shall reduce the retainage so that no more than 5% is held. Allows a State agency, subject to these limitations, to withhold as retainage a portion of the moneys from the payment of a contract that is entered into on or after the effective date of the amendatory Act if and only if the State agency determines that satisfactory progress has not been achieved by a contractor or subcontractor during any period for which a payment is to be made. Requires satisfactory progress to be provided for in the contract between the State agency and the contractor or subcontractor. Prohibits a contractor from withholding retainage from a subcontractor except to the extent a State agency has withheld retainage from the contractor, which is attributable to that subcontractor's subcontract.
HB 1616, Organ Donor Leave, passed the Senate 55-0-0. This bill provides that a participating employee or part-time employee (rather than an employee) may use up to 10 days of leave in any 12 months to serve as an organ donor. Provides that, for a part-time employee using leave to serve as an organ donor, the employer shall calculate the daily average pay the part-time employee received during his or her previous 2 months of employment and compensate the part-time employee in the amount of the daily average pay for the leave days used.
HB 1697 PBMs-Opposed passed the Senate 56-1-0. This bill provides that the Department of Insurance shall use moneys deposited into the DCEO Projects Fund pursuant to specified provisions of the Illinois Insurance Code to make a grant to a statewide retail association representing pharmacies to promote access to pharmacies and pharmacist services. Provides that a pharmacy benefit manager or an affiliate acting on its behalf shall not conduct spread pricing, steer a covered individual, or limit a covered individual's access to drugs from a pharmacy or pharmacist enrolled with the health benefit plan under the terms offered to all pharmacies in the plan coverage area by designating the covered drug as a specialty drug contrary to the specified definition. Provides that a pharmacy benefit manager or affiliated rebate aggregator must remit no less than 100% of any amounts paid by a pharmaceutical manufacturer, wholesaler, or other distributor of a drug. Provides that the contract between the pharmacy benefit manager and the insurer or health benefit plan sponsor must allow and provide for the pharmacy benefit manager's compliance with an audit at least once per calendar year of the rebate and fee records remitted from a pharmacy benefit manager or its affiliated party to a health benefit plan. Provides that the changes made to provisions concerning pharmacy benefit manager contracts by the Act shall apply with respect to any health benefit plan that provides coverage for drugs that is amended, delivered, issued, or renewed on or after January 1, 2026. Sets forth provisions concerning pharmacy benefit manager reporting requirements. In provisions concerning pharmacy benefit manager licensure requirements, provides that on or before August 1, 2025, the pharmacy benefit manager shall submit a report to the Department that lists the name of each health benefit plan it administers, provides the number of covered individuals for each health benefit plan as of the date of submission, and provides the total covered individuals across all health benefit plans the pharmacy benefit manager administers. Provides that on or before September 1, 2025, a registered pharmacy benefit manager, as a condition of its authority to transact business in the State, must submit to the Department an amount equal to $15 or an alternate amount as determined by the Director by rule per covered individual enrolled by the pharmacy benefit manager in the State. Provides that on or before September 1, 2026, and each September 1 thereafter, payments submitted in provisions concerning pharmacy benefit manager licensure requirements shall be based on the number of covered individuals reported to the Department in specified provisions of the Illinois Insurance Code.
HB 2371, 340B passed the Senate 55-0-0. This bill creates the Patient Access to Pharmacy Protection Act. Provides that no person, including a pharmaceutical manufacturer, may deny, restrict, prohibit, condition, or otherwise interfere with, either directly or indirectly, the acquisition of a 340B drug by, or delivery of a 340B drug to, a 340B covered entity or a 340B contract pharmacy authorized to receive 340B drugs on behalf of the 340B covered entity unless the receipt is prohibited by federal law; impose any restriction on the ability of a 340B covered entity to contract with or designate a 340B contract pharmacy; or require or compel a 340B covered entity or 340B contract pharmacy to perform the specified actions. Provides that each transaction of 340B drugs that is subject to a prohibited act, as specified, shall constitute a separate violation of the Act. Sets forth provisions concerning reporting requirements for a 340B covered entity and the Department of Healthcare and Family Services; 340B prescription drug applicability; preventing duplication of 340B discounts; enforcement of the Act by the Attorney General; penalties; and preemption.
HB 2516, PFAS Product Ban passed the Senate 45-9-0 and will now return to the House on concurrence. This bill provides that, beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this State the following products if the product contains intentionally added PFAS: cosmetics, dental floss, juvenile products, menstrual products, or intimate apparel.
HB 2987, Warehouse Tornado Response, passed the Senate 51-2-2. This bill provides that the operator of a warehouse should coordinate with the warehouse's local emergency services and disaster agency, and fire department or fire protection district to create plans that, when implemented, will be consistent with the local jurisdiction's response activities. Provides that copies of the plan and all updates made to the plan must be filed with the fire department or fire protection district in the jurisdiction in which the warehouse is located and the local emergency services and disaster agency in the jurisdiction in which the warehouse is located. Provides that warehouse facilities constructed after the effective date of the Act must provide the means, through modification, installation, or demonstration via rational analysis, to meet a life-safety performance level for tornado loading that is equivalent to, or exceeds, the life-safety performance level for the most onerous of other building code-prescribed extreme environmental loading events. Sets forth provisions concerning that evaluation. Provides that, in lieu of a risk-targeted approach, the evaluating design professional may elect to follow prescriptive methods as outlined in the Federal Emergency Management Agency standard P-431, Tornado Protection: Selecting Refuge Areas in Buildings and the Best Available Refuge Area Checklist to ensure that shelter areas designated in tornado safety plans are qualified as the best available refuge areas. Requires that the county keep on file a copy of the certifications of the persons doing inspections or examinations on its behalf. Provides that a building inspector may have a grace period of one year from the date of hire to acquire the certification required under these provisions. Amends the Illinois Municipal Code to add similar requirements for building inspectors.
HB 3177, Design-Build Expansion, passed the Senate 57-0-0. This bill provides that the Department of Transportation or the Illinois State Toll Highway Authority may use the design-build project delivery method for transportation facilities if the capital costs for transportation facilities delivered utilizing the design-build project delivery method or Construction Manager/General Contractor project delivery method or Alternative Technical Concepts in a design-bid-build project delivery method do not for transportation facilities delivered by the Department, exceed $500,000,000 (rather than $400 million) of contracts awarded on an annual basis (rather than during the Department's multi-year highway improvement program for any 5 years).
HB 3638 SFA 2, Workplace Confidentiality Agreements-Neutral was recommended to adopt in Senate Labor 18-0-0. This bill provides that no contract, agreement, clause, covenant, waiver, or other document shall prohibit, prevent, or otherwise restrict an employee, prospective employee, or former employee from engaging in concerted activity to address work-related issues. The amendment removes a requirement that settlement or termination agreements that prevent an employee or former employee from working or from applying to work for an employer in the future must expire within 7 years. The Chamber was the lead on this issue and negotiated the bill to neutral.
SB 26, Lawsuits/Illinois Courts Jurisdiction-Opposed passed the House 75-37-0 after the bill's amendment (HFA2) was only filed this morning. This bill amends the Code of Civil Procedure. Provides that acts submitting to the general jurisdiction of Illinois courts include (1) a corporation having its principal place of business in Illinois or (2) is a foreign business corporation that has consented to general jurisdiction in this State in accordance with the Business Corporation Act of 1983 but only if (i) the action alleges injury or illness resulting from exposure to a substance defined as toxic under the Uniform Hazardous Substances Act of Illinois whether the cause of action arises within or without the State, and (ii) as long as jurisdiction is proper as to one or more named co-defendants under the Code of Civil Procedure. Provides that a corporation consents to general jurisdiction upon registering to do business in Illinois after the effective date of the amendatory Act. Amends the Business Corporation Act of 1983 to make conforming changes. Provides that a corporation that obtains or continues to maintain the right to transact business in Illinois consents to the exercise of general jurisdiction under the Code of Civil Procedure. Provides that a corporation consents to general jurisdiction upon registering to do business in Illinois after the effective date of the amendatory Act. Provides that a corporation that has previously registered to do business in Illinois consents to general jurisdiction upon the next date after the effective date of the amendatory Act on which the filing of its annual report is due, regardless of whether or not it then files its annual report.
SB 246, Nonprofit Investment Pool, passed the House 73-39-0. This bill provides that the State Treasurer may establish and administer a non-profit investment pool and an electronic payment processing program to supplement and enhance investment opportunities and secure electronic payment options otherwise available to not-for-profit corporations in the State. Provides that the Treasurer may receive funds paid into the pool for the purpose of holding and investing those funds provides that not-for-profit corporations exempt from taxation under Section 501(c)(c) or 501(c)(5) of the Internal Revenue Code are eligible to participate in the non-profit investment pool.
SB 708 SFA 3, Healthcare Protection Act Expansion was recommended to adopt in Senate Insurance 8-3-0. This bill establishes reporting requirements for a health insurance issuer offering group or individual health insurance coverage concerning the ratio of the incurred loss or incurred claims plus the loss adjustment expense or change in contract reserves to earned premiums. Requires compliance with federal reporting regulations. Requires supplemental reports to be filed with the Director of Insurance or supplemental rebate payments to be made, as provided, if specified federal regulations are amended to repeal the reporting or rebate requirements. In provisions concerning benefits for treatment services for inpatient and outpatient treatment of substance use disorders or conditions, provides that, except to the extent prohibited by provisions concerning mental, emotional, nervous, or substance use disorder or condition parity with respect to treatment limitations in a benefit classification or sub-classification, the insurer may require the substance use disorder treatment provider or facility to notify the insurer of the initiation of treatment. In provisions concerning requirements, beginning January 1, 2026, for coverage for medically necessary treatment of mental, emotional, or nervous disorders or conditions, establishes prohibitions on prior authorization. Makes changes in provisions concerning treatment for autism spectrum disorders, pregnancy and postpartum coverage, and mental, emotional, nervous, or substance use disorders or conditions to reflect the specified prohibition on prior authorization. Makes other changes. Amends the Network Adequacy and Transparency Act. Makes changes in provisions concerning the description of services to be offered through a network plan. Sets forth requirements for the plan or policy years beginning on or after January 1, 2026, regarding reimbursement to a beneficiary for costs, including food, lodging, and travel. Provides that the requirements do not apply to policies issued or delivered in the State that provide medical assistance under the Illinois Public Aid Code or the Children's Health Insurance Program Act.
SB 1976 2025 Federal Labor Standards-Opposed passed House Labor 16-9-0. This bill creates the Workers' Rights and Worker Safety Act. Provides that, except as authorized by State law enacted after April 28, 2025, a State agency may not amend or revise the State agency's rules in a manner that is less stringent in its protection of workers' rights or worker safety than requirements established under federal wage and hour law or federal coal mine safety law as the federal law existed on April 28, 2025. Creates the Illinois Safe and Healthy Workplace Act. Provides that the Department of Labor shall adopt rules to incorporate federal occupational health or safety standards that are repealed or revoked to address occupational safety or health issues. Sets forth rights of action and penalties. Amends the Occupational Safety and Health Act. Provides that the Director Labor may adopt a standard that incorporates a federal occupational health or safety standard as it existed prior to being repealed, revoked, amended, or newly interpreted and addresses the occupational safety or health issue that the repealed, revoked, amended, or newly interpreted federal Occupational Safety and Health Act standard had addressed.
SB 2039, IBHE Data passed the House 75-39-0. This bill provides that the Board of Higher Education, the Illinois Community College Board, and the Illinois Student Assistance Commission shall jointly prepare and release a Statewide Data Dashboard to include individualized data on each public institution of higher education and each private institution of higher education on a publicly available website. Provides that the Board of Higher Education, the Illinois Community College Board, and the Illinois Student Assistance Commission shall collaborate and determine the indicators and presentation of the Statewide Data Dashboard, which must include, at a minimum, the most current data collected and maintained by the Board of Higher Education, the Illinois Community College Board, and the Illinois Student Assistance Commission related to student, faculty, and staff demographics, institution characteristics, affordability characteristics, student success factors, a comparison, institutional profile and mission, and other data.
SB 2253 IDOT Property Acquisition-Neutral passed the House 84-30-0. As amended, this bill requires the Department of Transportation to consult with all Class 1 and short line railroads and relevant businesses engaged in the railroad industry in preparation for the State Rail Plan. Creates the Freight Rail Transportation Coordinating Committee. Amends the Eminent Domain Act. Allows a party authorized to take property to file a complaint in circuit court if the owner agrees on the compensation to be paid but (i) is unable to convey clear title or provide all required documents to convey title or comply with any State or federal legal requirements to complete an acquisition by agreement; or (ii) the acquiring agency does not receive needed documents to enable processing of or the issuance of a warrant for the payment of compensation to the property owner. Provides that for property being acquired by the Department of Transportation under the Illinois Highway Code, the Illinois Commerce Commission shall issue its final order within 6 months after the date that the petition is filed unless the Commission extends the period for issuing a final order. Provides that the Commission may extend the 6-month period for issuing a final order for up to an additional 3-month period on its own motion or on a petition filed with good cause by any party. Authorizes the Commission to have the power to establish an expedited schedule for making its determination on a petition filed by the Department in less than 6 months if it finds that the public interest requires the setting of an expedited schedule.
SB 2303, Fire Sprinkler Contracting, passed the House 114-0-0. This bill provides that, if any person, entity, or business commits a second offense of not being licensed under the Fire Sprinkler Contractor Licensing Act, within 24 months, the civil penalty shall be no less than $10,000, which shall be deposited into the Fire Prevention Fund. Provides that, if any person, entity, or business commits more than 2 offenses within 24 months, the civil penalty shall be no less than $25,000, which shall be deposited into the Fire Prevention Fund. |
