This Week's Committee Action
HB 2161, Unlawful Discrimination - Opposed passed out of House Judiciary-Civil 10-3-0. This bill, as amended, provides that it is the public policy of the State to prevent discrimination based on family responsibilities in employment. Defines "family responsibilities" as an employee's actual or perceived provision of personal care to a family member." Provides that it is a civil rights violation for a person, or for 2 or more persons, to conspire to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be discrimination based on family responsibilities.
HB 2253, Pet Shop Rabbit Sales passed out of Consumer Protection Committee 7-2-0. This bill provides that a pet shop operator shall not offer for sale a rabbit regardless of where it was obtained.
HB 2263, Clean Lighting passed out of House Energy & Environment Committee. As amended, this bill prohibits offering for sale, selling, or distributing as a new manufactured product (i) a screw-base or bayonet-base compact fluorescent lamp on or after January 1, 2026, and (ii) a pin-base compact fluorescent lamp or a linear fluorescent lamp on or after January 1, 2027. Adds exemptions for specified lamps. Provides that utilities may offer energy efficient lighting, rebates, or lamp recycling services, or claim persisting energy savings based on fluorescent technology resulting from such programs, through its energy conservation and optimization plans approved by the Illinois Commerce Commission.
HB 3763, Personnel Records-Opposed passed out of Labor & Commerce Committee 18-10-0. This bill requires an employee to make a written request to the employer before having a legal right to inspect, copy, and receive copies of specified documents, including any employment-related contracts or agreements that employer maintains are legally binding on the employee. Provides that the right of the employee or the employee's designated representative to inspect personnel records does not apply to an employer's trade secrets, client lists, sales projections, and financial data. Restores language allowing actual damages plus costs in a civil action and, for a willful and knowing violation of the Act, reasonable attorney's fees.
HB 3773, Predictive Analytics passed out of House Labor & Commerce 27-0-0. This bill provides that an employer that uses predictive data analytics in its employment decisions may not consider the applicant's biographical data such as race or zip code when used as a proxy for race to reject an applicant in the context of recruiting, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment. Provides that nothing in the Act shall be construed to prevent the use of predictive data analytics to support the inclusion of diverse candidates in making employment decisions. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow the use of information about the consumer that assigns specific risk factors to the consumer's race or zip code resulting in rejection of credit or other adverse credit-related action to a consumer. Provides that a person or entity that uses predictive data analytics to determine the creditworthiness of more than 50 consumers in a calendar year who are State residents shall devise procedures to ensure that it does not consider information that assigns specific risk factors to a consumer's race or zip code when rejecting or taking other adverse action on a consumer's application for credit.
HB 4093, Health Data Privacy-Opposed passed out of Judiciary-Civil 10-3-0. This bill creates the Protect Health Data Privacy Act. Among other things, provides that a regulated entity shall disclose and maintain a health data privacy policy that clearly and conspicuously discloses specified information. Sets forth provisions concerning health data privacy policies. Provides that a regulated entity shall not collect, share, or store health data, except in specified circumstances. Provides that it is unlawful for any person to sell or offer to sell health data concerning a consumer without first obtaining valid authorization from the consumer. Provides that a valid authorization to sell consumer health data must contain specified information; a copy of the signed valid authorization must be provided to the consumer; and the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later. Sets forth provisions concerning the consent required for collection, sharing, and storage of health data. Provides that any person aggrieved by a violation of the provisions shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. The sponsor moved the bill out of committee with the commitment to hold on 2nd to meet with stakeholders and will bring any amendment back to committee. Committee members from both parties brought concerns related to definitions. Stakeholders and spokesman Ugaste asked about the private right of action for enforcement.
HB 4155, Drought & Climate Office passed out Agriculture & Conservation Committee 6-3-0. This bill establishes the Agricultural Drought and Climate Resilience Office. Provides that the Office may provide voluntary technical assistance, nonregulatory programs, and incentives, including grants, that increase the ability to anticipate, prepare for, mitigate, adapt to, and respond to hazardous events, trends, or disturbances related to drought or the climate. Provides that the Director of Agriculture may promulgate rules necessary for the administration of the Office's assistance, programs, and incentives, including grants. Requires the Director or the Director's designee to conduct a study to examine greenhouse gas reduction and carbon sequestration opportunities in the agricultural sector and in agricultural land management in the State.
HB 4418, Contract Retainage passed out of House State Government 6-3-0. This bill, as amended, provides that all governmental units shall deposit retainage from contracts with an aggregate value of $300,000 or more (rather than all retainage) into an interest-bearing escrow account. The sponsor, Rep. Davis committed to hold the bill on second reading to resolve issues with opponents and bring back an amendment. Rep. Davis said he understands the need for retainage but that it should be placed into an account to grow interest if held for a significant time frame.
HB 4475, Insurance Behavioral Health passed out of House Mental Health & Addiction Committee 17-0-0. his bill provides that for all group or individual policies of accident and health insurance or managed care plans that are amended, delivered, issued, or renewed on or after January 1, 2026, or any contracted third party administering the behavioral health benefits for the insurer, reimbursement for in-network mental health and substance use disorder treatment services delivered by Illinois providers and facilities must be, on average, at least as favorable as professional services provided by in-network primary care providers. Requires a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025, or a contracted third party administering the behavioral health benefits for the insurer, to cover all medically necessary mental health or substance use disorder services received by the same insured on the same day from the same or different mental health or substance use provider or facility for both outpatient and inpatient care. Requires coverage of medically necessary mental health or substance use disorder services provided by behavioral health trainees under certain circumstances. Requires coverage of medically necessary 60-minute psychotherapy billed using the CPT Code 90837 for Individual Therapy. Amends the Health Maintenance Organization Act to require health maintenance organizations to comply with the provisions of the Illinois Insurance Code added by the amendatory Act.
HB 4548, PBMs-Opposed passed out of Health Care Availability & Accessibility Committee 8-2-0. This bill, among other things, provides that a pharmacy benefit manager or an affiliate acting on the pharmacy benefit manager's behalf is prohibited from conducting spread pricing, from steering a covered individual, and from limiting a covered individual's access to prescription 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 unreasonably designating the covered prescription drugs as a specialty drug. Provides that a pharmacy benefit manager or an affiliate acting on the pharmacy benefit manager's behalf must remit 100% of rebates and fees to the health benefit plan sponsor, consumer, or employer. Provides that a pharmacy benefit manager may not reimburse a pharmacy or pharmacist for a prescription drug or pharmacy service in an amount less than the national average drug acquisition cost for the prescription drug or pharmacy service at the time the drug is administered or dispensed, plus a professional dispensing fee. Provides that a contract between a pharmacy benefit manager and an 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 contracted party to a health benefit plan. Excludes Medicaid managed care organizations and employee welfare benefit plans subject to the federal Employee Retirement Income Security Act of 1974 from the definitions of "health benefit plan." The Illinois Chamber provided testimony in opposition. The bill was passed out of committee with the promise to hold on second reading for another amendment.
HB 4596, Paid Leave-Opposed passed out of House Labor 19-10-0. This bill amends the Paid Leave for All Workers Act. Removes a provision that the Act shall not apply to any employee who is covered by a bona fide collective bargaining agreement with an employer that provides services nationally and internationally of delivery, pickup, and transportation of parcels, documents, and freight. Provides that the definition of "employee" does not include an employee as defined in the Federal Employers' Liability Act. Provides that an employee covered by federal regulations concerning airline flight crew employees shall be deemed to work 40 hours in each work week for the purpose of the accrual of paid leave.
HB 4611, Auto Insurance-Opposed passed out Insurance Committee 10-0-0. This bill provides that an insurer shall not, with regard to any motor vehicle liability insurance practice, (i) unfairly discriminate based on age, race, color, national or ethnic origin, immigration or citizenship status, sex, sexual orientation, disability, gender identity, or gender expression or (ii) use any external consumer data and information sources in a way that unfairly discriminates based on age, race, color, national or ethnic origin, immigration or citizenship status, sex, sexual orientation, disability, gender identity, or gender expression. Allows the Department of Insurance to examine and investigate an insurer's use of external consumer data and information sources, algorithms, or predictive models in any motor vehicle liability insurance practice. Specifies that the provisions shall not be construed to require an insurer to collect consumer's demographic data, to prohibit the use of a driver's history that has a direct relationship with risk, or to prohibit the use of or require testing of longstanding and well-established common industry practices in settling claims or traditional underwriting practices. Prohibits an insurer from canceling, refusing to renew, or increasing the premium for any policy of automobile insurance solely because an insured person has reached the age of 65 years if the insured has a valid Illinois driver's license. The sponsor moved the legislation at the request of the Secretary of State with a commitment to hold on second reading for a forthcoming amendment.
HB 4808, Water Revolving Fund, Regionalization passed out of House Energy & Environment 26-0-0. This bill requires rules adopted by the Illinois Environmental Protection Agency for purposes of administering the Water Revolving Fund to encourage regionalization and proactive compliance.
HB 4835, CO2 Pipeline Moratorium-Opposed passed out of House Energy & Environment 19-6-0. This bill establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until the Pipeline and Hazardous Materials Safety Administration has adopted revised federal safety standards for transportation of carbon dioxide and the State has commissioned and finalized a relevant study regarding the safety setbacks required in the event of pipeline rupture or leak. Requires the State study to include input from first responders, to analyze pipeline ruptures or leaks in a variety of settings, and to recommend setbacks and funding based on that analysis. Provides that pending applications for carbon dioxide pipelines shall be held in abeyance. Provides for expiration of the temporary moratorium after 4 years, or when new safety standards are established, or upon enactment of a law that meets certain criteria. Chair Williams spoke of the ongoing negotiations on CCS policy in the state. The bill will be held on second reading as broader stakeholder negotiations continue.
HB 4846, BEP passed out of House State Government 6-3-0. This bill provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning the uniform standard of contract goals. Provides that the Secretary of the Business Enterprise Council for Minorities, Women, and Persons with Disabilities shall have the duty to establish an enforcement procedure whereby the Council may recommend to the appropriate State legal officer that the State exercise its legal remedies which shall include, among other legal remedies, the imposition of a penalty in the amount of the discrepancy between the commitment contained in a utilization plan, as such amount may be amended over the term of the contract, and the qualifying payments made to the eligible certified vendors listed in the utilization plan. 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 Council may (rather than shall) grant a waiver when the contractor demonstrates that there has been a good faith effort to comply with the goals for participation by businesses owned by minorities, women, and persons with disabilities. The Sponsor said he is attempting to create uniform standards related to good faith efforts for BEP goals. Will hold on second for a clarifying amendment.
HB 4848, Load Covers passed out of House Transportation Vehicles & Safety 11-0-0. This bill provides that no person shall operate a second division vehicle having a gross vehicle weight rating of 8,000 pounds or more loaded with dirt, aggregate, garbage, refuse, or other similar material on any highway, unless a cover or tarpaulin of sufficient size is attached so as to prevent any load, residue, or other material from escaping. Allows a vehicle owner to be found in violation of the provisions. Provides that any violation of the provisions shall be a petty offense and the owner or operator of the vehicle in violation shall be subject to mandatory minimum fine of $150 (rather than a fine not to exceed $250). Amends the Criminal and Traffic Assessment Act. In provisions concerning conditional assessments, provides for distribution of a conditional assessment for a violation of the provisions requiring covers or tarpaulins for certain loads.
HB 4872, Municipal Grant Matching passed out of House Cities & Villages Committee 16-0-0. This bill provides that a municipality shall receive a waiver from paying a required match to a State grant of State moneys if the municipality meets all the other requirements needed for approval of the grant and submits documentation to the Governor's Office of Management and Budget, in a form and manner prescribed by the Office, that the municipality: (1) has a population under 25,000; (2) has over 13% of its residents under the federal poverty guidelines; (3) has had a negative fund balance within the past 5 years; or (4) has at least twice the debt compared to the retail market value of the municipality's real and personal property and moneys in the municipality's accounts.
HB 5138, IDOT Studies, Local Government passed out of House Transportation: Regulations, Roads & Bridges. This bill provides that upon request by a unit of local government, the Department shall make available any study or survey completed by the Department that concerns traffic or the environmental impact on road construction projects. Allows a study or survey conducted by the Department to be substituted for a study or survey required by a unit of local government for construction projects affecting a portion of a State right-of-way. The bill will be held on second reading with a promise of an amendment to address concerns of IDOT and the specifics of information sharing.
HB 5243, Battery Storage-Support passed out of House Public Utilities 17-0-0. This bill, among other things, provides that in competitive procurements conducted by the Agency for utility-scale energy storage resources from owners of existing or retired fossil-fueled power plants, the Agency, in ranking the bids, shall apply a downward bid price adjustment to any project bid that is located or proposed to be located within a one mile radius of an existing substation that serves or has served as a point of interconnection for a fossil-fueled power plant and that meets one of 3 specific criteria.
HB 5300, Wage Stubs-Opposed passed out of House Labor & Commerce 17-10-0. This bill provides that every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect his or her pay stubs. Amends the Illinois Wage Payment and Collection Act. Provides that employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period (rather than shall furnish each employee with an itemized statement of deductions made from the employee's wages for each pay period). Provides that an employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, whether the pay stub is provided electronically or in paper form, and the employer shall furnish the pay stub to the employee or former employee upon the employee or former employee's request. Provides that an employer who furnishes electronic pay stubs in a manner that is restricted to the employer's current employees must, upon an employee's separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee's or former employee's pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee. Provides that an employer who fails to furnish an employee with a pay stub or commits any other violation of this Act, except for specified violations, shall be subject to a civil penalty of $500 per violation payable to the Department of Labor. Defines "pay stub".
HB 5304, Construction Zone Enforcement passed out of House Vehicles & Safety 11-0-0. This bill, as amended, creates the Highway Work Zone Safety Act. Provides that the Illinois State Police shall establish and administer the Highway Work Zone Speed Control Pilot Program. Provides that the Illinois State Police (rather than the Department of Transportation) shall install and operate automated traffic control systems in highway construction and maintenance speed zones to detect violations of posted work zone speed limits (rather than when highway construction or maintenance is occurring and when workers are present). Provides that the Illinois State Police shall conduct a public information campaign for the Program. Provides that the Illinois State Police shall employ automated traffic control system operators. Removes provisions regarding specified requirements, duties, and restrictions for automated traffic control system operators. Provides that the Illinois State Police may adopt rules to establish requirements, duties, or restrictions for automated traffic control system operators. Removes provisions regarding liability, defenses, and civil penalties for violations. Provides that a person who owns a motor vehicle that is identified by an automated traffic control system as operating in a construction or maintenance speed zone at a speed in excess of the posted speed limit is guilty of a civil law violation, with a fine of $100 to $200, with specifications regarding the fine. Provides that a person found to have committed a third or subsequent violation, and found to have failed to pay all fines and costs within 30 days, is guilty of a separate civil law violation. Removes provisions regarding administrative reporting requirements. The Sponsor says he introduced the legislation to better enforce work zone speed limits and protect highway workers. Bill was amended to remove some of the initial opposition.
HB 5315, Solar Energy passed out of House Energy & Environment 18-8-0. This bill prohibits a county or municipality from adopting any ordinance or resolution that prohibits or has the effect of prohibiting the installation of a solar energy system or low voltage solar powered device.
HB 5345, Minimum Wage Tip Credit-Opposed passed out of House Labor & Commerce 17-11-0. This bill provides that, on and after January 1, 2025, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate, including any minimum wage rate higher than the State minimum wage as required by local ordinance in home rule municipalities. Preempts home rule. Effective January 1, 2025. The sponsor committed to hold the bill on second reading while continuing to work on an agreed amendment with stakeholders. The Illinois Chamber will continue to be actively involved in those conversations.
HB 5405, Diversity in Clinical Trials passed out of House Public Health Committee 9-0-0. This bill sets forth requirements for any State entity or hospital that receives funding from the National Institutes of Health to conduct clinical trials of drugs or medical devices. Provides that the Department of Public Health, in consultation with relevant research organizations, shall analyze and provide recommendations on: (i) the demographic groups and populations that are currently represented and underrepresented in clinical trials in the State, including representation of groups based on their geographic location; (ii) the barriers that prevent persons who are members of underrepresented demographic groups from participating in clinical trials in the State, including barriers related to transportation; and (iii) approaches for how clinical trials can successfully partner with others to provide outreach to underrepresented communities. Provides that the Department shall report to the General Assembly on the results of the study by July 1, 2025. Sets forth definitions of underrepresented community and underrepresented demographic group. Provides that the Department shall review guidance published by the United States Food and Drug Administration and use existing infrastructure to encourage participation in clinical trials of drugs and medical devices by persons who are members of underrepresented demographic groups.
HB 5435, Noise Monitoring passed out of Transportation: Regulations, Roads & Bridges 14-1-0. This bill provides that a unit of local government, including a home rule unit, may not enact an ordinance providing for a noise monitoring system upon any portion of its roadways (removing language allowing the City of Chicago to enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive). Makes changes to the definition of "noise monitoring system". The bill will be held on second reading with a commitment to bring the bill back to committee with an amendment. Witness testimony focused on their view of the unreliability of sound enforcement in relation to both motorcycles and automobiles. |
