Clark Kaericher l Vice President, Government Affairs l 217-522-5512 x 296
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The Infrastructure Council is an initiative of the
Illinois Chamber that brings together Chamber members with a focus on increasing
infrastructure investments in a strategic and thoughtful way to boost the overall business climate in Illinois. Our focus is on the public and private systems that are essential to Illinois businesses.
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Committee Updates
The House Transportation: Vehicles and Safety Committee met on Wednesday. No bills of interest were heard. This committee will meet again next Wednesday at 9 am. The following bills will be heard:
The House Transportation Regulation, Roads and Bridges Committee met this week. HB 253 (Buckner) passed out of committee 12-0-0. It adds “transparency and accountability” to IDOT project selections by mandating a performance based funding program.
HB 270 (Moeller) also passed out of committee 12-0-0. This bill eliminates the 20 percent match for bicycle paths and sidewalks when IDOT constructing a road within one mile of an urban area. This bill received praise from both urban and rural legislators. There is not yet a cost impact analysis for IDOT.
This committee will meet next at noon on Monday. The following bills of interest will be heard:
The Senate Transportation Committee is not yet scheduled.
Jay Shattuck provides the following update on HB 118:
“The House Labor Committee on a partisan 17-11 roll call moved HB 118, sponsored by Rep. Will Guzzardi (D-Chicago) to the House Floor. HB 118 increases the 2% monthly interest penalty under the Wage Payment & Collection Act to 5% per month (60% annually). This applies to any underpayment of wages, final compensation or wage supplements for each month following the date of payment during which the underpayment remains unpaid. This penalty applies to all claims, regardless of the legitimacy of the employer’s dispute. So for each $1,000 being disputed and found as an underpayment by the Illinois Department of Labor or a court, the penalty for a legitimately disputed claim, the penalty goes from $240 per year to $600 per year. A civil action also requires recovery of costs and reasonable attorney’s fees. As was testified during committee, a claim with the Department must be filed within one year and a civil action can be filed as much as 10 years from payment.
Several Republican members of the Committee did an excellent job of pointing out the egregious level of 60% per annum for a legitimate dispute of a wage payment. Several of them who are attorneys raised general observations of problems of the bill, especially forcing employers to pay the alleged underpayment given the financial risk that a 60% annual penalty poses. However, none of them practice in this area of the law.
I am concerned that this is a potential new BIPA-like area of litigation, given the class action potential that plaintiffs attorneys will realize with a 10 year statute of limitation, 60% per annum interest and recovery of costs and legal fees!”
New Bills of Interest
Now that the filing deadline has come and gone, this should be the last batch of newly introduced bills of interest. However, there are plenty of shell bills out there which can be amended with new language that we will continue to monitor for you. As always, I very much appreciate your input on these bills.
SB 1530 (Bush) – Increases the number of directors on the Illinois Toll Highway Authority from 9 to 11. Within 30 days of the effective date of the amendatory Act, the Governor shall appoint one director from Lake County and one director from Winnebago, Boone, or McHenry County.
SB 1764 (Belt, DeWitte)- Provides that the Division of Aeronautics of the Department of Transportation shall not render financial assistance in connection with the planning, construction, reconstruction, extension, development or improvement of hangars or other airport buildings, or in connection with the subsequent operation or maintenance of such air navigation facilities unless such facilities are for public use and of public benefit
SB 1768 (Belt) Within one mile of an urban area, the Department of Transportation shall establish and solely fund bicycle and pedestrian ways in conjunction with the construction, reconstruction, or other change of any State transportation facility. Identical legislation
(HB 270) has been passed in the House Transportation Committee unanimously.
SB 1770 (Belt) - This is designed to help the Cairo Port District get off the ground. It provides that the Wetland Policy Act, and its restrictions, do not apply to certain construction activities or property, provided that such facilities or property are located within 5 miles of the confluence of the Ohio River and the Mississippi River.
SB 1853 (Hunter) – Repeals red-light cameras
SB 1900 (Curran) - Creates the Public-Private Partnerships Act. Creates provisions addressing agreements between public and private entities; transparency between parties; oversight of projects; compliance with state and federal law; and fairness for local jurisdictions when negotiating public-private agreements. Adds provisions containing rules for the formation of an public-private partnership agreement; the establishment of the Infrastructure Investment Commission; the process for procuring contracts; the terms of a public-private partnership agreement; the creation of development and operation standards for projects; the taxation of contractors; financial arrangements; the insurance of debt by a responsible public entity; the acquisition of property; law enforcement; confidentiality of proposals; the maximum term of a public-private agreement; reversion of property to the State; powers of a responsible public entity with respect to qualifying projects; and prohibited local action
SB 2193 (Sims) - Provides that a person commits burglary when without authority he or she knowingly enters or without authority remains within a freight container with intent to commit therein a felony or theft. Provides that burglary committed in, and without causing damage to a freight container or any part thereof is a Class 3 felony. Provides that a burglary committed while causing damage to a freight container or any part thereof is a Class 2 felony.
SB 2262 (Villanueva) - Amends the Motor Vehicle Franchise Act. Provides that the sale of motor vehicles shall be prohibited (rather than should be prevented). Changes the manner in which dealers are reimbursed by manufacturers. Provides that manufacturers must pay a dealer no less than the amount a retail customer pays the dealer for the same services. Authorizes the use of agreed upon time guides. Applies to warranty work and factory recalls. Establishes manner of determining effective labor rates.
SB 2351 (Hastings) - Shell bill for the Illinois Wage Payment and Collection Act in relation to primary contractor responsibility for wage claims in the construction industry.
SB 2366 (Connor, Koehler) - Provides that, in and within one mile of an urban area, the Department of Transportation shall establish and solely fund bicycle and pedestrian ways in conjunction with the construction, reconstruction, or other change of any State transportation facility. Identical to HB 270.
SB 2378 (Connor) - Creates the Electric Vehicle Charging Act, which may be referred to as the Beneficial Electrification Act. Sets forth requirements for parking spaces that are electrical vehicle ready applicable to new or renovated residential or nonresidential buildings. Sets forth provisions concerning electric vehicle charging station policies for unit owners and renters
SB 2394 (Joyce) - Creates the Illinois Renewable Fuel Standards Act. Provides that diesel fuel must contain at least a stated percentage of biodiesel fuel oil by volume on and after a specified date. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Makes changes concerning incentives for biodiesel to provide that the current exemptions for 100% biodiesel and biodiesel blends with more than 10% but no more than 99% biodiesel sunset on December 31, 2021. Provides that, with respect to 100% biodiesel and biodiesel blends with more than 20% but no more than 99% biodiesel, the taxes do not apply to proceeds of sales made on or after January 1, 2022 and on or before June 30, 2024 but apply 100% of the proceeds of sales made thereafter. Effective immediately, except that provisions creating the Illinois Renewable Fuel Standards Act take effect on July 1, 2021.
SB 2489 (Villivalam) - Provides that the Illinois Commerce Commission shall include as part of its Crossing Safety Improvement Program specific railroad worker safety rules that include, but are not limited to, administrative rules regarding the provision, construction, and maintenance of sanitation and shelter facilities for rail carrier employees and employee walkways in railroad yards.
SB 2491 (Villivalam) - Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that the term of any member of a selection committee created by the Department of Transportation to select firms to provide architectural, engineering, and land surveying services prior to January 1, 2022 shall be terminated on December 31, 2021. Provides that beginning on or after January 1, 2022, the Department of Transportation shall appoint selection committees consisting of 9 members who shall be appointed with the advice and consent of the Senate. Effective immediately.
IDOT Hosts Third Virtual Seminar on Truck Parking
In the third IDOT seminar on truck parking, attendees were given a larger role in discussing what the State should do to expand truck parking. Participants were divided into “breakout” groups that focused on infrastructure, programing and cross-cutting/collaboration between stakeholder groups. Many crucial ideas were proposed by participants with the intent that IDOT will take these ideas and incorporate them into further stakeholder discussions or begin implementation. Such suggestions included a plan for IDOT to simplify or clarify zoning rules for new parking facilities, develop partnership strategies, and identification of funding sources that will not hamper ongoing private enterprise.
Articles of Interest
Clark
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