May 2023: Bills We Are Watching
BUSINESS-RELEVANT BILLS PASSED BY BOTH HOUSES
As of May 22 – Business-relevant bills that have PASSED both houses and are heading to the Governor’s desk:
- HB 2086 (Stava-Murray/Edly-Allen) is an initiative of the Illinois Environmental Council. As amended, the bill creates health standards for individuals wishing to bring their own to-go containers to retailers and restaurants to do so in a safe and healthy manner.
- HB 1286 (Stuart/Villanueva) permits public and private entities to install gender-inclusive restrooms. They must have floor-to-ceiling stalls with locks and privacy strips.
- HB 3129 (Canty/Pacione-Zayas) requires employers with 15 or more employees to disclose the pay scale and benefits in job postings. Empowers the Department of Labor to initiate an investigation of violations. Also authorizes the Department to investigate and levy civil penalties against employers that violate provisions concerning the posting of pay scale and benefits. [SMD: Note – There is a lot here – this includes salaried positions as well!]
BILLS THAT ARE STILL IN CONSIDERATION
As of May 22 – Bills that are still in consideration that may affect businesses:
- HB3129: UPDATED: Wage Transparency: HB 3129(Canty/Pacione-Zayas), as amended, requires employers with 15 or more employees to disclose the pay scale and benefits in job postings. Empowers the Department of Labor to initiate an investigation of violations. Also authorizes the Department to investigate and levy civil penalties against employers that violate provisions concerning the posting of pay scale and benefits. The sponsor testified that the amendment was heavily negotiated and represents an agreement in “substance” with advocates and the business community. A further floor amendment is expected which the sponsor noted will address some remaining concerns. Passed the Senate 35-19 and now heads back to the House for concurrence.
- Biometric Information Privacy Act: SFA # 1 to HB 3811 (Burke/Cunningham) amends the Biometric Information Privacy Act (BIPA). Defines “electronic signature” and “in writing,” and provides that “written release” also means an electronic signature. Provides that, in actions brought under the Act, a prevailing party may recover against a private entity (that negligently violates the Act) liquidated damages of $1,500 (rather than $1,000) or actual damages — whichever is greater. Provides that a private entity that, in more than one instance, (i) collects, captures, purchases, receives through trade, or otherwise obtains or (ii) discloses, rediscloses, or otherwise disseminates the same biometric identifier or biometric information from the same person (in violation of specified provisions of the Act) has committed a single violation. The business community adamantly opposes the legislation. While it negotiated changes to the BIPA law this session, this final proposal reflects few, if any, of its requested changes. Further, the final product increases fines under the Act by 50% and opens the law up for additional lawsuits. Both Amendments were postponed in the Senate Executive Committee. It’s uncertain if they will be called next week.
