Capitol News Report: April 2018

By Shattuck & Associates Consulting, Inc. 

Contractors for Free Enterprise See Successful Primary Results

ABC’s political affiliate, Contractors for Free Enterprise (CFE) was engaged in supporting over 30 candidates for state senate and state representative for last month’s primary election. Of the $20,000 ABC member-invested contributions, 90% went to winning candidates. CFE supported a number of candidates in open seats who are likely to win this November and serve in the 101st General Assembly that will be sworn in next year. Those candidates include: Senate candidates Craig Wilcox (R-McHenry) and Jason Plummer (R-Troy) and House candidates Tonia Khouri (R-West Chicago), Andrew Chesney (R-Freeport), Mike Murphy (R-Springfield), Blaine Wilhour (R-Beecher City) and Chris Miller (R-Mattoon).  

 

Two Chicagoland Democrats who were supported by CFE because they campaigned for expanding jobs and economic opportunity fell short on March 20th. Former Rep. Ken Dunkin (5th district) lost to Lamont Robinson who received over a half million in campaign funding from organized labor and House democrat leaders. Corean Davis (Calumet City) ran an aggressive grassroots campaign but it was not enough to overcome the huge funding advantage her opponent Rep. Thad Jones had.

 

CFE will be gearing up for the fall elections when statewide offices for Governor and Attorney General will be critical to ABC members as well as dozens of legislative races. To get engaged in the fall elections contact ABC. CFE contributions can be sent to 600 S. Second Street, Suite 403, Springfield, IL 62704.

 

 

Bills of Interest for ABC Members

 

The Illinois General Assembly returns next week to Springfield to work on the budget and issues important to the State. The scheduled date for adjournment is May 31st.

 

Paid Mandated Sick Leave: HB 2771, sponsored by Rep. Mitchell (D-Chicago)/Sen. Hutchinson (D-Chicago Heights), will require employers to provide 40 hours of paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Provides that the Department of Labor shall administer the Act. Authorizes the imposition of civil penalties. Authorizes individuals to file civil actions with respect to violations. Employees working in the construction industry covered by a collective bargaining agreement are excluded. Excludes school districts, park districts, and certain City of Chicago sister agencies. Provides that an employee may earn sick days 180 days after beginning employment. Effective immediately. House Calendar to Concur with Senate Amendments 1 & 2 ABC OPPOSED

 

Wage Salary History: HB 4163, sponsored by Rep. Moeller (D-Elgin)/Sen. Castro (D-Elgin), amends the Equal Pay Act of 2003 to prohibit an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Greatly expands administrative penalties and provides for punitive and compensatory damages while reducing employer defenses. Approved by the House on an 87-24 vote. Senate Assignments ABC OPPOSED

 

Two other measures that provide a more reasonable approach to prohibiting an employer from seeking wage history from an applicant for employment are SB 2333, sponsored by Sen. Connelly (R-Naperville) and SB 3100, sponsored by Sen. Bertino-Tarrant. While both bills also would prohibit an employer from seeking the salary history of a prospective employee, they allow for an employer to establish an affirmative defense if the employer has a self-evaluation plan of the employer’s pay practices and if any deficiencies are working to address the deficiencies. Neither bill changes an employer’s current defenses or increases penalties or liabilities.  Assigned to Senate Labor Committee ABC NEUTRAL

 

New Wage Lien Act Proposed: HB 4324, sponsored by Rep. Welch (D-Westchester), creates the Wage Lien Act to allow for the creation of a lien on an employer's personal property for the amount of unpaid wages owed to an employee. Defines terms and includes provisions concerning creation of the lien; exemptions; notice; limitations; recording of the lien; enforcement; other claims on the employer's property; successor obligations; and construction. House Second Reading ABC OPPOSED

 

Proposed Prevailing Wage Measures: HB 4893, sponsored by Rep. Hoffman (D-Collinsville), amends the Prevailing Wage Act to include trucking firms, independent truck owner-operators, and trucking brokers to the term “subcontractor”. House Labor & Commerce Committee ABC OPPOSED

 

SB 193, sponsored by Sen. Raoul (D-Chicago)/Rep. Hoffman (D-Collinsville), creates the Worker Protection Unit within the Office of the Illinois Attorney General to intervene in, initiate, enforce, and defend all criminal or civil legal proceedings on matters and violations relating to the Prevailing Wage Act, the Employee Classification Act, the Minimum Wage Law, the Day and Temporary Labor Services Act, and the Wage Payment and Collection Act, whenever the Attorney General determines that such action is necessary to protect the rights and interests of Illinois workers and Illinois businesses. Sent to the Governor ABC will ask for VETO

 

Legislation Dictating Employer Terms for Employee Scheduling: HB 5046 , sponsored by Rep. Welch (D-Westchester) requires employers to provide work schedules to employees at least 72 hours before the start of the first shift of the work schedule. Provides for reporting pay when an employee's work shift is canceled or reduced within 72 hours of the beginning of the shift. Prohibits retaliation by employers when employees seek to enforce rights under the Act. Authorizes private actions for damages. Provides for administration and enforcement by the Department of Labor. Provides for monetary penalties. Effective immediately. House Labor & Commerce Committee ABC OPPOSED

 

Workers’ Compensation: HB 5354, sponsored by Rep. Unes (R-Pekin), would limit the scope of the term “arising out of and in the course of employment”. Makes changes to the definition of traveling employee. Injuries to the shoulder and hip are to be considered injuries to the arm and leg. Creates implementation of a closed formulary for prescription medicine. Assigned to House Labor & Commerce Committee ABC SUPPORTS

 

SB 2863 , sponsored by Sen. Kwame Raoul (D-Chicago) sits on third reading in the Senate after advancing out of the Senate Judiciary Committee on a partisan 7-4-1 vote. This measure is identical to HB 2525, which was vetoed last year by Gov. Rauner. ABC OPPOSED

 

HB 5470, sponsored by Rep. Long (R-Streator), creates the Collective Bargaining Freedom and Consistent Wage Act to provide that the authority to enact any ordinance, rule, or regulation, or in any way prohibit, restrict, or regulate the use of union security agreements between an employer and an authorized labor organization vests exclusively with the General Assembly. Limits home rule powers. Amends the Workers’ Compensation Act to make changes concerning traveling employee, maximum compensation rate for temporary total incapacity, and other changes. Assigned to House Labor & Commerce Committee/Workforce Reconciliation Subcommittee

 

Mechanics Lien: HB 4268, sponsored by Rep. Thapedi (D-Chicago), takes portions of the Mechanic’s Lien Act and places it within the Home Repair & Remodeling Act. We are working with other groups that oppose the legislation to address our concerns. Assigned to House Judiciary-Civil Committee/Real & Personal Property Law Subcommittee ABC OPPOSED in its current form

 

HB 4863, sponsored by Rep. Kelly Burke (D-Oak Lawn)/SB 2621 (Mulroe-D-Chicago), amends the Mechanics Lien Act by requiring a subcontractor to contract with the owner rather than a contractor. House Rules Committee/Postponed in Senate Judiciary Committee

 

Other Issues:

 

HB 4363, sponsored by Rep. Jimenez (R-Springfield), amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act to require any contractor awarded a contract under the Act to make periodic reports to the contracting State agency on all expenditures made to achieve compliance with the provisions of the Act. Provides for the required contents of the report. Provides remedies for a contractor's non-compliance with the commitment to businesses owned by minorities, women, or persons with disabilities under the Act. Provides additional terms by which a contracting State agency may terminate a contract under the Act. Allows a contracting State agency to have access to a contractor's books and records for compliance purposes. Assigned to House State Government Administration Committee

 

HB 5006 (Rep. Spain-R-Peoria)/HB 5059 (Rep. Evans–D-Chicago)/SB 3002 (Sen. Sandoval) creates the Innovations for Transportation Infrastructure Act containing provisions governing the authorization of project delivery methods; preconditions to commencement of procurement; procurement; evaluation and selection of proposals, project records; confidentiality; public disclosure; design-build contracts; construction manager/general contractor contracts; funding and financing; minority, disadvantaged, and women-owned businesses; acquisition of property; federal requirements; powers of IDOT and the Illinois State Toll Highway Authority; and rulemaking. Assigned to House Transportation: Regulations, Roads & Bridges Committee (HB 5006 & HB 5059)/Assigned to Senate Transportation Committee

 

SB 2453, sponsored by Sen. Terry Link (D-Gurnee), amends the Illinois Underground Utility Facilities Damage Prevention Act to clarify that the term “underground utility facilities” or “facilities” does not include underground storm sewers located within a right-of-way controlled by the counties of DuPage, Kane, Lake, McHenry, and Will. Assigned to Senate Energy and Public Utilities Committee

 

SB 2480, sponsored by Sen. Hastings (D-Frankfort), creates the Illinois Hazardous Materials Workforce Training Act to require the EPA to develop by rule a curriculum of approved advanced safety training for workers at high hazard facilities. An owner or operator must require its contractors and subcontractors, performing construction work at a stationary source, to use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades and pay prevailing wage. Postponed in Senate Labor Committee ABC OPPOSED

 

SB 3031, sponsored by Sen. Weaver (R-Peoria), amends the Energy Efficient Building Act to require the International Code Council’s International Energy Conservation Code, as adopted by CDB, to also apply to certain State facilities beginning on the effective date of the amendatory Act. Amends the Green Buildings Act to remove provisions requiring construction and major renovation projects to achieve the highest level of certification practical within the project budget. New State-funded building construction and major renovations of existing State-owned facilities would be required to achieve, at a minimum, the silver certification of the Leadership in Energy and Environmental Design’s rating system or an equivalent standard. Senate Second Reading

 

SB 3052, sponsored by Sen. Mulroe (D-Chicago), amends the Contractor Prompt Payment Act to prohibit the withholding of a retainage from progress payments or final payments in excess of 5% of the payment. Senate Second Reading

 

SB 3209, sponsored by Sen. Muñoz (D-Chicago), amends the Capital Development Board Act stating CDB has the power to construct and repair, or to contract for and supervise the construction and repair of, buildings under the control or for the use of any public institution of higher education when non-appropriated funds are used and both CDB and the public institution of higher education mutually agree to that construction and supervision. Assigned to Senate Appropriations II Committee

 

SB 3226, sponsored by Sen. Weaver (R-Peoria), amends the School Code to require the School Board of Education to adopt rules to allow students of any high school in this State who are 16 years of age or older to participate in registered apprenticeship programs and defines “registered apprenticeship programs”. Requires the rules to include a waiver of all non-academic requirements mandated for graduation from a high school under the Code that would otherwise prohibit or prevent a student from participating in a register apprenticeship program. Senate Second Reading

Elisa Fox