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Bills of Interest signed into Law:
The following bills of interest were recently signed into law.
HB 1342, Transit was signed into law. This bill provides that the powers of the Chicago Transit Board include the power to pass ordinances or adopt rules and regulations concerning the suspension of riding privileges or confiscation of fare media. Amends the Local Mass Transit District Act and the Regional Transportation Authority Act. Provides that a local mass transit district's board and the Suburban Bus Board may adopt all ordinances and make all rules proper or necessary to regulate the use, operation, and maintenance of its property and facilities, and to carry into effect the powers granted to each board with any necessary fines or penalties, including ordinances, rules, or regulations concerning the suspension of riding privileges or confiscation of fare media, as each board deems proper. Adds limits to suspension of riding privileges and confiscation of fare media and required procedures. Further amends the Metropolitan Transit Authority Act. Provides that the Chicago Transit Board shall partner with the City of Chicago to provide transportation at reduced fares for participants in programs which offer employment and internship opportunities to youth and young adults ages 14 to 24. Further amends the Regional Transportation Authority Act. Provides that, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from specified fares and charges received in fiscal years 2021, 2022, 2023, 2024, and 2025 (rather than 2021, 2022, and 2023) may be less than 50% of the aggregate costs of providing public transportation in those fiscal years. Provides that, after July 1, 2026 (rather than January 1, 2026), a Service Board may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Service Board's transit bus fleet. Provides that a Service Board shall not be deemed to be in violation of the provisions when failure to comply is due to: (1) the unavailability of zero-emission buses from a manufacturer or funding to purchase zero-emission buses; (2) the lack of necessary charging, fueling, or storage facilities or funding to procure charging, fueling, or storage facilities; or (3) the inability of a third party to enter into a contractual or commercial relationship with a Service Board that is necessary to carry out the purposes of the provisions. Provides that the Regional Transportation Authority shall file a statement certifying that the Service Boards published specified data with the General Assembly and the Governor after adoption of the Annual Budget and Two-Year Financial Plan and, if the Authority fails to file a statement certifying publication of the data, then the appropriations to the Department of Transportation for grants to the Authority intended to reimburse the Service Boards for providing free and reduced fares shall be withheld.
HB 1363, Employer/Gender Related Violence-Neutral was signed into law. 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 workplace by an employee or agent of the employer. Provides that liability only extends to an employer for gender-related violence that occurs: (i) while the employee was directly performing the employee's job duties and the gender-related violence (rather than the performance of the job duties) was the proximate cause of the injury; or (ii) while the agent of the employer was directly involved in the performance of the contracted work and the gender-related violence (rather than the performance of 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. Provides that nothing in the Act precludes a person who has been the victim of gender-related violence from pursuing any other right or cause of action created by statute or common law.
HB 1615, Nursing was signed into law.This bill provides that a primary goal of the Illinois Nursing Workforce Center is to develop a strategic plan for nursing workforce in the State by selecting priorities to be addressed, including: (1) for license renewals beginning in 2024 and each renewal thereafter, to develop and require the completion of a supply survey of all licensed nurses at initial licensure and each license renewal thereafter; and (2) no later than 2026, to develop a nurse demand and employer survey to be collected biennially. Adds 2 members to the Illinois Nursing Workforce Center Advisory Board representing a labor organization recognized under the National Labor Relations Act that represents active registered professional nurses licensed by the Department of Financial and Professional Regulation.
HB 2068, Transportation Benefit Program-Opposed was signed into law. This bill creates the Transportation Benefits Program Act. Requires all covered employers of 50 employees or more in a specified geographic area at an address that is located within one mile of regularly scheduled transit service. Provides that the pre-tax commuter benefit shall allow employees to use pre-tax dollars for the purchase of a transit pass via payroll deduction, such that the costs for such purchases may be excluded from the employee's taxable wages and compensation up to the maximum amount permitted by federal tax law. Provides that the Regional Transportation Authority shall make publicly available a searchable map of addresses that are located within one mile of fixed-route transit service.
HB 2094, Mortgage/Marketing was signed into law. This bill provides that any marketing materials from a mortgage company not connected to the consumer's mortgage company must comply with specified requirements.
HB 2123, Images was signed into law. This bill changes the definition of "sexual image" to also mean a photograph, film, videotape, digital recording, or other similar medium that falsely appears to show the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or female post-pubescent nipple, partially or fully exposed, of a depicted individual or a depicted individual engaging in or being subjected to sexual conduct or activity. Provides that a depicted individual of an intentionally digitally altered sexual image has a cause of action against a person disseminating or threatening to disseminate the sexual image. Provides that a depicted individual has a cause of action against a person disseminating or threatening to disseminate a sexual image if the person recklessly disregarded the possibility that the depicted individual did not consent to the dissemination, the image was a private or intentionally digitally altered sexual image, and the depicted individual was identifiable. Provides that in the case of digitally altered sexual images, disclosing that the images were digitally altered is not a defense to liability. Removes language providing that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person. Provides that the dissemination of or a threat to disseminate a private sexual image is not a matter of public concern solely because the image is accompanied by a political message. Allows the court to award equitable relief, such as a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or disclosure of the image, to a prevailing plaintiff in an action brought under the Act.
HB 2121, Traffic Fatalities Task Force was signed into law. 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. 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. Establishes membership of task force.
HB 2219, Sanitary Districts/Renewable Energy was signed into law. This bill authorizes the corporate authorities of a sanitary district to issue bonds prior to December 31, 2034, for the development of distributed renewable energy generation devices. Also authorizes a district to construct, maintain, finance, and operate distributed renewable energy generation devices as necessary to sell or otherwise dispose of recovered resources or renewable energy resources resulting from the operation of district facilities.
HB 2300, Illinois Works Apprenticeship was signed into law. This bill, In provisions concerning the Illinois Works Apprenticeship Initiative, provides that, for contracts and grant agreements executed after the effective date of the amendatory Act and before January 1, 2024 (in the engrossed bill, the effective date of the amendatory Act), of the stated goal, at least 25% (in the engrossed bill, half) of the labor hours of each prevailing wage classification performed by apprentices shall be performed by graduates of the Illinois Works Preapprenticeship Program, the Illinois Climate Works Preapprenticeship Program, or the Highway Construction Careers Training Program (in the engrossed bill, only the Illinois Works Preapprenticeship Program) and, for contracts and grant agreements executed on or after January 1, 2024, of this goal, at least 50%. Provides that in order to earn bid credits, contractors and subcontractors shall provide the Department with certified payroll documenting the hours performed by apprentices who have completed the Illinois Works Preapprenticeship Program. In provisions concerning failure to comply with the Illinois Works Apprenticeship Initiative, provides that those provisions apply to intentional failure to comply (instead of failure to comply). Provides that the Department of Commerce and Economic Opportunity shall maintain a list of graduates of the Illinois Works Preapprenticeship Program for a period of not less than one year after the participant graduates from the Program, and contains other requirements of the list.
HB 2487, Justice 40 Oversight Committee was signed into law. This bill establishes the Justice40 Oversight Committee. Provides that the Justice40 Oversight Committee shall make findings, conclusions, and recommendations regarding environmental justice in this State and uses of federal funds provided to the State for environmental justice.
HB 2527, Water and Wastewater Funding Study was signed into law. This bill extends the date that the Municipal Water and Wastewater Funding Study Committee is required to report its findings and recommendations to the Governor and General Assembly to September 30, 2023 (from January 31, 2023). Adds the Executive Director of the Illinois Finance Authority, or his or her designee, to the Municipal Water and Wastewater Funding Study Committee. Extends the date that the Committee is required to report its findings and recommendations to the Governor and General Assembly to March 1, 2024 (rather than September 30, 2023). Extends the date the provisions concerning the Committee are repealed until January 1, 2025.
HB 2531, South Suburban Airport-Oppose was signed into law. 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 2845, Prevailing Wage/Biosolids-Oppose was signed into law. This bill amends the Prevailing Wage Act. Provides that the definition of "public works" also includes the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, lime sludge, and lime residue removed from a water treatment plant or facility at a landfill.
HB 3095, Limestone was signed into law. This bill requires the Pollution Control Board to adopt rules for the placement of limestone residual materials generated from the treatment of drinking water by a municipal utility in an underground limestone mine located in whole or in part within the municipality that operates the municipal utility. Requires the rules to be consistent with the Board's Underground Injection Control regulations for Class V wells, provided that the rules shall allow for the limestone residual materials to be delivered to and placed in the mine by means other than an injection well. Provides that rules adopted under the provision shall be adopted in accordance with the provisions and requirements of Title VII of the Act and the procedures for rulemaking in the Illinois Administrative Procedure Act, provided that a municipality proposing rules is not required to include in its proposal a petition signed by at least 200 persons. Provides that rules adopted under the provision shall not be considered a part of the State Underground Injection Control program established under the Act.
HB 3370, Prevailing Wage/Power Washing-Oppose was signed into law. This bill provides that the definition of "public works" includes power washing projects by a public body or paid for wholly or in part out of public funds.
HB 3400, Public Works-Support was signed into law. This bill provides that the Department of Labor shall report quarterly (rather than annually) to the General Assembly and the Governor the number of people employed on public works in the State during the preceding 3 months (rather preceding calendar year). This report shall include the total number of people employed on each public works project during the preceding 3 months. Provides that the report shall identify every public works project in the State by project name and contractor name and include the demographics of the workers on the project by percentage, including gender, race, and ethnicity, broken down by the following categories: (i) type of trade; (ii) whether the worker is a journey worker or apprentice; and (iii) total work hours performed.
HB 3448, Contractors was signed into law. This bill provides that every primary contractor and subcontractor shall post and keep posted, in one or more conspicuous places accessible to all laborers, workers, and mechanics at a job site, a notice, to be made available by the Director of Labor, summarizing specified requirements under the Act and information pertaining to the filing of a complaint. Provides that the Director shall provide copies of summaries and rules to primary contractors and subcontractors upon request without charge. Provides that any primary contractor or subcontractor who fails to provide notice as required shall be subject to a civil penalty, not to exceed $250, payable to the Department of Labor. Provides that one copy of the notice at a job site shall satisfy the notice requirement for the primary contractor and all subcontractors.
HB 3957, Drug Pricing was signed into law. This bill provides that a manufacturer or wholesale drug distributor shall not engage in price gouging in the sale of an essential off-patent or generic drug. Provides that the Director of Healthcare and Family Services or Director of Central Management Services shall (rather than may) notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the Medical Assistance Program under the Illinois Public Aid Code or a State health plan, respectively, that amounts to price gouging. Provides that a notice sent by the Attorney General to the manufacturer or wholesale drug distributor of an essential off-patent or generic drug shall serve as a litigation hold regarding documents and communications about that drug. Provides that upon petition of the Attorney General, a circuit court may issue an order imposing a civil penalty of up to $10,000 per day (rather than only $10,000) for each violation of the Act or providing for the Attorney General's recovery of costs and disbursements incurred in bringing an action against a manufacturer found to be in violation of the Act. Provides that if the Attorney General has reason to believe that a manufacturer or wholesale drug distributor of an essential off-patent or generic drug has violated the provisions, then the Attorney General may (rather than shall) send a notice to the manufacturer or the wholesale drug distributor requesting a statement. Removes language providing that the Director of Central Management Services shall notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the State health plan that amounts to price gouging.
SB 895, County Boundaries was signed into law. This bill provides that a county shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the county highway system, is jointly performed with another county through the sharing of road equipment pursuant to an intergovernmental agreement, or is provided as necessary relief services following the occurrence of a disaster. Provides that a road district shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bike path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the township and district road system, in an adjacent road district, is jointly performed with another road district through the sharing of road equipment pursuant to an intergovernmental agreement, or provided as necessary relief services following the occurrence of a disaster. Provides that a municipality shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bike path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the municipal street system (rather than within its corporate limits), in an adjacent municipality, or provided as necessary relief services following the occurrence of a disaster. Provides that the term "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow.
SB 1438, Dig Once Act was signed into law. This bill creates the Illinois Dig Once Act. This bill provides that the Department of Transportation, the Illinois State Toll Highway Authority, the Illinois Commerce Commission, and the Department of Commerce and Economic Opportunity shall consult with the State-Wide One-Call Notice System to jointly develop rules for the design and construction of road, highway, tollway, and expressway projects to reduce the need for the relocation of public water and wastewater infrastructure and to promote the deployment (rather than reduce the scale and number of repeated excavations of roads, highways, tollways, and expressways for the installation and maintenance) of broadband infrastructure and underground utility facilities in an efficient and competitively neutral process for all road, highway, tollway, and expressway projects. Provides that the rules adopted under the Act are not intended to delay the design or construction of road, highway, tollway, and expressway construction projects, and shall not be construed to provide authority to approve, deny, or delay broadband infrastructure projects or underground utility facilities projects. Provides that whenever a public utility makes an application for a grant or easement in, over, or upon real property of the State for purposes of locating and maintaining such utility, or such utility's wire, pipe, cable, fiber conduit, or other facility or equipment, the Administrator, with the consent of the agency having jurisdiction over the real property, may grant such an easement.
SB 1555, Packaging and Paper Stewardship was signed into law. This bill creates the Statewide Recycling Needs Assessment Act. Creates the Statewide Recycling Needs Assessment Advisory Council to provide advice and recommendations to the Environmental Protection Agency in the drafting, amendment, and finalization of the Statewide Recycling Needs Assessment. Provides that on or before January 1, 2024, the Director of the Environmental Protection Agency shall appoint members to the Advisory Council to provide advice and recommendations to the Agency in the drafting, amendment, and finalization of the Statewide Recycling Needs Assessment. Provides that persons with data or information required to complete the statewide needs assessment shall provide the Agency with such data or information in a timely fashion to assist in completing the statewide needs assessment. Provides that the Agency shall issue a competitive solicitation to select a qualified consultant to conduct a statewide needs assessment to assess recycling needs in the State for packaging and paper products, including identifying current conditions and an evaluation of the capacity, costs, gaps, and needs associated with recycling and the diversion of packaging and paper products. Provides that on or before December 1, 2026, the Statewide Recycling Needs Assessment Advisory Council shall prepare and submit a report of its findings and recommendations to the General Assembly and the Governor, which shall include an opportunity for a minority report. Provides that upon completion of the duties of the Advisory Council, appointments to the Advisory Council shall be terminated and the Advisory Council shall be dissolved.
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