Capitol News Report: August 2018

ABC Issues Acted on by Governor Rauner

HB 4268 (Thapedi/Mulroe) Contains new language to be added to the home repair consumer rights pamphlet relating to lien waivers informing home owners that they are required to request a signed and notarized written statement from their contractor that lists all persons and companies hired to work on the home and other information, and suppliers and contractors have a right to file a lien against a home if they do not get paid for their labor or materials. Pamphlet language is informational only and not a substantive enforceable provision of the Home Repair and Remodeling Act. ABC NEUTRAL-Public Act 100-670. Effective January 1, 2019

SB 1901 (Weaver/Spain) Requires the Capitol Development Board (CDB) to provide advance notice published in the procurement bulletin whenever a project requires construction management services is proposed for a State agency. The notice will contain projects and services to be procured. Removes the requirement that the request for proposals be mailed to each prequalified firm. ABC NEUTRAL- Public Act 100-701.Effective August 3, 2018.

SB 3031 (Weaver/Cabello) Requires the International Code Council’s International Energy Conservation Code, as adopted by CDB, to apply to certain State facilities beginning on the effective date of the amendatory Act. Amends the Green Buildings Act to remove provisions providing that construction and major renovation projects must achieve the highest level of certification practical within the project budget. Requires new, State-funded building construction and major renovations of existing State-owned facilities to be designed to achieve, at a minimum, the silver certification of the Leadership in Energy and Environmental Design's rating system or an equivalent standard. ABC NEUTRAL- Public Act 100-729, effective August 3, 2018.

 

ABC Issues Pending Action by the Governor

HB 4790 (Sente/Koehler) Requires any State agency undergoing a landscape project requiring the use of new or offsite soil and is located within 10 miles of any IEPA-permitted compost facility must request a base bid with an alternative for compost-amended soil for that project. Requires the State agency to incorporate compost-amended soil into a landscaping project if the cost of using this type of soil is equal or less than the cost of using other new or offsite soil. In 2019, IDOT will conduct 2 pilot demonstration projects using compost-amended soil and report findings of project to the General Assembly. ABC NEUTRAL-sent to the Governor on June 22nd.

 

HB 5201 (Ford/Castro) Creates a mechanics lien demand and referral pilot program. In counties with a code-hearing unit, a recorder may adopt rules establishing a mechanics lien demand and referral process for residential property after a public hearing. If a recorder determines that a mechanics lien recorded in the grantor's index or the grantee's index is an expired lien, the recorder shall serve a Notice of Defective Lien by certified mail to the last known address of the owner. When the lienholder commences a suit or files an answer within 30 days or the lienholder records a release of lien with the county recorder provisions (rather than the mechanics lien is forfeited because no suit or answer is filed), then the demand and referral process is completed for the recorder for that property. A lienholder or property owner may remove the matter to circuit court under specified circumstances and if the matter is not resolved in the circuit court, the recorder may reinstitute the demand and referral process; and provides that the administrative law judge handling the demand and referral proceedings needs to be familiar with the areas of law relating to mechanics liens. ABC NEUTRAL-sent to the Governor on June 29th.

 

Key Business Issues Pending Action by Governor Rauner

SB 3052 (Mulroe/Arroyo) Under the Contractor Prompt Payment Act, allows for a retainage of 10% of the payment to be withheld from a payment under a construction contract prior to the completion of 50% of the contract. After 50% of the contract is completed, the amount of retainage for any subsequent payment cannot exceed 5%. ABC SUPPORTS- sent to the Governor on June 28th.

SB 904 (Hastings/Hoffman) will allow medical providers to pursue the 1% per month interest penalty on unpaid workers’ compensation medical bills in circuit court. These changes will increase litigation for employers and ABC is seeking a veto by Gov. Rauner. ABC OPPOSES- sent to the Governor on June 29th.

HB 4163, sponsored by Rep. Anna Moeller (D-Elgin) and Sen. Cristina Castro (D-Elgin) amends the Equal Pay Act of 2003 prohibiting an employer from inquiring about salary and wage history by adding new standards that limit employer defenses and adding new compensatory and punitive damage penalties on businesses who are not compliant.  The ABC opposed this bill and prefers the alternative method outlined in SB 3100, sponsored by Sen. Jennifer Bertino-Tarrant (D-Plainfield).  SB 3100 only prohibits the inquiry about or using of a job applicant's wage, salary, benefits history. It does not diminish employer defenses or enhance and expand legal remedies and fines as HB 4163 does.  ABC is urging a total veto when it goes to the Governor. ABC OPPOSES-has not been sent to the Governor-must be sent by August 8th.

HB 4572 (Guzzardi/Castro) amends the Illinois Human Rights Act to redefine "employer" to include any person employing one (currently 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. ABC OPPOSES and is seeking a veto from Gov. Rauner. Sent to the Governor on June 14th.

SB 2999 (Van Pelt/Conyears-Ervin) requires an employer to reimburse an employee for all necessary expenditures or losses incurred by the employee directly related to services performed for the employer within 30 days of submission. It requires that the expenditure must be within the scope of employment, authorized or required and appropriate documentation is provided. ABC NEUTRAL- sent to the Governor on June 29th.

HB 1595 (Stuart/Haine) amends the Nursing Mothers in the Workplace Act provides for reasonable break time (instead of "unpaid break time each day") during the first year after the child's birth each time the employee needs to express milk. The break time may run concurrently with any break time already provided to the employee and an employer may not reduce an employee's compensation for time used for the purpose of expressing milk or nursing a baby. An employer shall provide reasonable break time as needed by the employee unless to do so would create an undue hardship as defined by the Illinois Human Rights Act. ABC NEUTRAL- sent to the Governor on June 29th.

 

All legislation approved by the General Assembly during the Spring Session has been certified by the Senate President and Speaker of the House and sent to the Governor. With certification, the Governor has 60 days to act on the bill. If the Governor takes no action (rarely occurs), the bill automatically becomes law after the 60-day period.

 

Elisa Fox