GOVERNMENT AFFAIRS
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August 6th, 2021
This Week in Illinois
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Uncertainty Surrounds Energy Legislation
There continues to be a great deal of uncertainty about whether or not an agreement can be reached on omnibus energy legislation, or when the General Assembly might return to take up the issue. At the urging of the Administration, labor and environmental groups had been meeting 1-2 times a week for the last month or so (focusing on the schedule for decarbonization and prevailing wage at renewable projects), but reports on those meetings indicated that no actual negotiation was taking place.
Both sides publicly acknowledged they had reached an impasse earlier this week. The House and Senate haven't had any real bicameral discussions either. The rumor this week is that the House could return during the State Fair to act on "something," but that is seemingly only speculation.
For more information on an energy package or Energy Council membership please contact Executive Director Alec Messina at amessina@ilchamber.org.
Audit of IDES Indicates Huge Fraud Problems
Last week, the Illinois Auditor General’s Office issues its audit results of the Illinois Department of Employment Security (IDES) for the fiscal year ending June 30, 2020. Key findings from the audit included:
- IDES failed to validate the identities of over 4,500 claimants before paying them $41,697,272.
- IDES paid PUA benefits to 164 claimants who were between the ages of birth and 13 years of age. These children received unemployment payments of more than $1,500,000
- IDES’ failure to accurately document eligibility resulted in potentially ineligible claimants receiving benefits worth almost $155,000,000.
- IDES paid benefits to dozens of deceased claimants, costing the state hundreds of thousands of dollars.
- IDES paid benefits to individuals who have yet to be born.
The audit only covered approximately seven weeks of the start of the COVID pandemic. It is understandable now why IDES has been less than transparent about fraud payments made during the pandemic. The Illinois Chamber of Commerce, joined by other business groups, have been calling for IDES to provide data as to the amount of fraudulent payments that have been made since March of last year. At this time the Auditor General’s report is the only information we have received.
The full report can be accessed here.
For more information on this issue or membership in the Chamber's Employment Law Council please contact Executive Director Jay Shattuck at jay@shattucklobbying.com
Governor Pritzker Implements New COVID-19 Mitigation Measures
On Wednesday, Governor Pritzker announced a new series of COVID-19 mitigations measures as cases rise in the state. Detailed below are some of the new mandates:
- All students, staff and teachers in pre-K through 12th grade schools as well as daycare facilities will be required to wear masks.
- All state employees working in state-operated congregate living facilities will be required to receive a COVID-19 vaccine by October 4th.
- Universal masking is required in both public and private long-term care facilities. Private facility owners were strongly encouraged by the Governor to implement COVID-19 vaccination requirements.
The full press release from the Governor's office can be read here.
Session Update
The House remains adjourned until the call of the Speaker. The Senate also remains adjourned until the call of the Senate President.
Both Chambers will be in session October 19th-21st and October 26th-28th. There are no additional session dates scheduled at this time.
Due to rising COVID-19 cases, masks are once again mandated in all secretary of state facilities as well as the Illinois State Capitol Building for both visitors and employees.
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Bills of Interest Signed into Law
HB 117, Secure Choice Savings Program was signed into law. This bill provides that the Act applies to employers with at least 5 employees, rather than at least one employee. (Current law applies to employers with fewer than 25 employees.) Provides that a small employer is an employer that employed less than 5 employees during any quarter of the previous calendar year, rather than less than 25 employees at any one time throughout the previous calendar year. Provides enrollment deadlines. Provides that small employers may, but are not required to, establish payroll deduction arrangements for retirement savings arrangements.
HB 121, Human Rights Work Authorization was signed into law. This bill provides that it is the public policy of the State to prevent discrimination based on the specific status or term of status that accompanies a legal work authorization. Defines "work authorization status" as the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States. Provides that it is a civil rights violation for: (1) any employer to refuse to hire, to segregate, to engage in harassment, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of work authorization status; (2) any employment agency to fail or refuse to classify properly, accept applications and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of work authorization status; (3) any labor organization to limit, segregate, or classify its membership, or to limit employment opportunities, selection and training for apprenticeship in any trade or craft, or otherwise to take or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant for apprenticeships, or wages, tenure, hours of employment, or apprenticeship conditions on the basis of work authorization status; and (4) any employer to refuse to honor work authorization based upon the specific status or term of status that accompanies the authorization to work. 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 work authorization status. Provides that nothing contained in the Act shall require an employer to sponsor any applicant or employee to obtain or modify work authorization status, unless otherwise required by federal law.
HB 1779, Biomarker Testing was signed into law. This bill provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after January 1, 2022 shall include coverage for biomarker testing. Provides that biomarker testing shall be covered and conducted in an efficient manner to provide the most complete range of results to the patient's health care provider without requiring multiple biopsies, biospecimen samples, or other delays or disruptions in patient care. Provides that biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's disease or condition when the test is supported by medical and scientific evidence. Provides that when coverage of biomarker testing for the purpose of diagnosis, treatment, or ongoing monitoring of any medical condition is restricted for use by health insurers, nonprofit health service plans, or health maintenance organizations, the patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception, and the process shall be made readily accessible on the insurer's website.
HB 3940, Vehicle Franchise Warranty was signed into law. This bill provides that the sale of motor vehicles by unlicensed dealers 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. The Chamber strongly opposed this bill.
SB 692, Coal Tar Sealant Disclosure was signed into law. This bill provides that on or before May 1, 2023 (rather than January 1, 2022): (1) the Department of Public Health and the State Board of Education shall post on their websites guidance on screening for coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product, requirements for a request for proposals, and requirements for disclosure; and (2) the Department shall adopt rules for the procedures and standards to be used in assessing acceptable levels of high polycyclic aromatic hydrocarbon content of a pavement seal applied to any State agency property. Provides that provisions regarding coal tar-based sealant disclosure for State property do not apply to pavement engineering projects requiring the use of a coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product for pavement engineering-related use on a highway structure conducted by or under the authority of the Department of Transportation.
SB 1588, Travel Insurance was signed into law. This bill amends the Illinois Insurance Code to create the Travel Insurance Act. Sets forth the scope and purposes of the Travel Insurance Act. Sets forth provisions concerning licensing and registration of travel insurance business entities. Provides that the Director of Insurance may issue producer licenses and limited lines producer licenses. Provides that each travel insurance business entity shall pay the Department of Insurance a fee of $500 for its initial license and $500 for each renewal license, payable on May 31 annually. Sets forth provisions concerning travel protection plans. Provides that travel protection plans may be offered for one price for the combined features that the travel protection plan offers in the State if specified requirements are met. Sets forth provisions concerning travel insurance sales practices. Provides that no entity shall act or represent itself as a travel administrator for travel insurance in this State unless that entity is a licensed property and casualty insurance producer in the State, holds a valid managing general agent license in the State, or holds a valid third-party administrator license in the State. Provides that specified practices are unfair methods of competition and unfair and deceptive acts and practices. Provides that travel insurance may be classified and filed under an inland marine line of insurance. Provides that travel insurance may be in the form of an individual, group, master, or blanket policy.
SB 1730, Corporation Directors was signed into law. This bill provides that public corporations must report the self-identified sexual orientation and self-identified gender identity of it directors.
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Save the Date: Illinois Chamber to Host Annual Meeting
On Thursday, September 30th the Illinois Chamber will host its Annual Meeting at the Palmer House in Chicago. The event will take place between 11am-1:30 pm and feature keynote speaker Holly Sullivan, Vice President of Worldwide Economic Development for Amazon. The theme for this year's event is Global Growth Opportunities. Register today!
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If you have questions about the Government Affairs Report, contact Clark Kaericher at ckaericher@ilchamber.org. Do not reply to this email.
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