More laws taking effect on New Year’s Day. Thanks to State Senator Karen McConnaughay for sending them out.
Today we look at business and commerce.
Business, Commerce, Labor, Regulation and Licensure
Domestic Workers’ Rights (HB 1288/PA 99-0758): Defines a domestic worker as a person that provides household services for members of households or their guests in or about a private home or residence or any other location where the domestic work is performed. Provides these workers with same workers protections under the Illinois Human Rights Act, Illinois Minimum Wage Law, Wages of Women and Minors Act, and the One Day Rest in Seven Act; allowing the workers to be able to sue for harassment and discrimination, collect minimum wage and overtime pay, and receive at least one continuous 24 hour period of rest every calendar week.
SURS Union Pension Membership (SB 2156/PA 99-0897): States that all future employees of the education associations working with employers, but who are not direct employees, are not eligible to participate in the SURS pension system. All currently participants in the pensions system are held harmless. Also adds “bonuses” to the list of non-pensionable income/compensation.
Undeveloped Community Property Ownership (SB 2358/PA 99-0569): Provides that any assignment of a developer’s interest in the property is not effective until the successor obtains the assignment in writing and records the assignment. Ensures that banks or subsequent purchasers of undeveloped portions of an association have written proof that they are the new owner instead of allowing verbal claims of ownership.
Yoga School Certification (SB 2743/PA 99-0705): Adds a school or program within a school that exclusively provides yoga instruction, yoga teacher training, or both to the list of exemptions that are not considered private business and vocational schools. Allows these schools or programs to operate without obtaining permit approval by the Board of Higher Education
Wage Assignment Revocation (SB 2804/PA 99-0903): Allows an employee, who originally consented to a wage assignment, the ability to revoke the wage assignment as long as it is revocable under federal law.
Real Estate E-Recording Commission (SB 2805/PA 99-0662): Adds two members to the Illinois Electronic Recording Commission. These two new members will be appointed by the Secretary of State. They are to be licensed real estate brokers or managing brokers under the Real Estate License Act of 2000.
Pesticide Application (SB 2918/PA 99-0540): Provides that under the Illinois Pesticide Act a “Commercial Not For Hire Applicator,” includes a certified applicator who uses or supervises the use of pesticides classified for general or restricted use as an employee of a state agency, municipality, or other duly constituted governmental agency or unit. Also, removes the definition of “Licensed Public Applicator” from the act and changes fees for licensure.
Electrologist Licensing (SB 2984/PA 99-0632): Requires a person to complete a total of 600 hours in the study of electrology over a period of not less than 16 weeks nor more than 4 (rather than 2) years at a program approved by the Department.
Winery Shipping License (SB 2989/PA 99-0904): Makes changes in what is required for a winery shippers license, increases penalties for illegal shipments of alcohol into the state and increase fees on every type of liquor license.
Minority and Women Trades People (SB 3104/PA 99-0584): Institutes a civil penalty system for violations of the State Construction Minority and Female Building Trades Act.
Low Wage Non-Compete Clauses (SB 3163/PA 99-0860): Prohibits a mutually agreeable covenant not to compete, also known as a non-compete clause, between an employer and a low-wage employee, an hourly worker who makes the greater of the state/local minimum wage or $13.00 an hour. Any covenants will be declared illegal and void.
Recyclable Metal Theft Task Force (HB 3363/PA 99-0760): Establishes that a representative of a local exchange carrier doing business in Illinois is added as a member of the Recyclable Metal Theft Task Force.
Wage Payment Recovery (HB 3554/PA 99-0762): Directs the Department of Labor (DOL) to conduct a good faith search to find aggrieved employees harmed by unpaid wages so they may recover what they are owed. If the DOL cannot locate the aggrieved employee then the Department can deposit the amount recovered into a specified DOL fund. Also prohibits the Department from requiring proof of citizenship or Social Security numbers.
Unpaid Leave for Domestic Abuse Victims (HB 4036/PA 99-0765): Expands the job protection and four (4) workweek unpaid leave benefit that is mandated on employers with 50 or more employees to now include all employers. This is a leave benefit that is already mandated by law for victims of domestic violence and sexual abuse. Adds four (4) workweeks of leave for employees of employers with 1-14 employees. This leave is referred to as “VESSA.”
Pension Eligibility (HB 4259/PA 99-0830): Prevents non-direct employees of association that work with State entities from participating in TRS, SURS or IMRF.
Cosmetology Renewal License Domestic Violence Course (HB 4264/PA 99-0766): Requires all licensed professionals under the Cosmetologist Act that include continuing education requirements for renewal include at least one (1) hour of a domestic violence and sexual violence awareness in the next renewal process.
Notice of Claim for Labor or Material – Public Construction Bonds (HB 5660/PA 99-0673):A verified notice of a claim shall be deemed filed on the date personal service occurs, or the date when the verified notice is mailed as authorized by statute.
Plumber Licensing Act (HB 5913/PA 99-0504): Requires a licensed plumber to provide proof of completing four hours of continuing education to renew their license, as well as submit evidence that they have successfully completed a plumbing course supervised directly by an Illinois Licensed plumber. Also, requires the Director of the Department of Public Health to approve a plumbing license application.
IDES Reporting Requirements (HB 5930/PA 99-0652): Changes the monitoring of employment progress for women and minorities in the workforce from the Department of Labor to the Department of Employment Security (IDES). Codifies that that a nursing employing agency, prior to any employment, must check the Health Care Worker Registry to verify that the nurse certification is valid and that the nurse is eligible to be hired. Requires the reports details employment progress of women and minorities in the work force to be filed biennially, instead of annually, and that the reports shall be filed on April 1st of every even-numbered year.
Employee Sick Leave Act (HB 6162/PA 99-0841): If an employer has a sick leave policy allowing the employee time off (illness, injury, or medical appointment) then the employer must extend that sick leave policy to the employee in the case of illness, injury, or medical appointment of the employee’s child, spouse, sibling, parent, grandchild, step-mother, step-father, or step-parent.
Leased Employees Workers Comp (HB 6225/PA 99-0726): Requires either an employee leasing company or the receiving employer to provide workers’ compensation insurance coverage to the employee.
Realtor Continuing Education (HB 6245/PA 99-0728): Realtor managing brokers and brokers are no longer limited to six hours of continuing education credit in one calendar day.
Extension of Medical Practice & Optometry Act (SB 0870): Provides for 1 year extension for the Medical Practice Act and extends the Optometric Practice Act for 10 years. Also, provides for an expansion in scope for optometrist to practice more invasive procedures currently performed by ophthalmologists.
Illinois pension law and the pension sentence added to the state constitution on December 15, 1970 is a massive taxpayer scam resulting in the biggest fiscal crisis in this state.
The pension sentence in the state constitution allegedly prohibits the State from immediately ending future contributions for all non government employees; meaning; once in the pension system, you are in as long as you are employed.
That is irregardless if the law that was added to allow such employees who work for the union (not the government) into the pension system was not clearly disclosed to taxpayers.
Irregardless if the union negotiates against the employer / board / taxpayer in collective bargaining negotiations.
++++++++
In the collective bargaining agreement of many school districts, the employer (school district) releases the local teacher union president from some or all of teaching duties to do union work.
That “employee” continues contributing to the pension system and continues to advance on the salary schedule.
That’s another scam.
Re: “is a massive taxpayer scam”
The Constitutional change was, in my opinion, not well thought out BUT had OUR STATE LEGISLATORS, INCLUDING JACK FRANKS, been fully funding the pension and NOT using those tax dollars for other social welfare programs, we not be in the fiscal mess we are in.
As usual, the problem is the spending.
Did Jack Franks ever oppose any legislation that increased spending?
There was no realistic way to fully fund many of the pensions with all the pay and benefit hikes.
The pension benefits should have been frozen and some of the pay hikes frozen or held to a minimum.
It’s flat out scam.
Collective bargaining and contract negotiations do not even consider pension and retiree healthcare benefit funding.
+++++++++
It’s like playing pick up sticks, and they keep throwing out more pick up sticks, and you can’t pick them all up.
The employer shorting the pension contribution is a contributing factor, an accessory to the crime.
The problem goes far beyond the employer shorting the annual pension contribution.
The favorite destination for shorted pension contributions was salary and current benefit hikes.
“The favorite destination for shorted pension contributions was salary and current benefit hikes.”
https://ballotpedia.org/Illinois_state_budget_and_finances
Aside from the obvious need for a change to the Constitutional Pension guaranee, the bottom line appears to be: Cut spending or increase income to the state.
One way to increase state income would be in the area of transfer of Federal tax dollars to Illinois.
Based on the info in one of the tables at the above link, Illinois would have received $3,104,594,535
in additional tax dollars from the federal government if the funding level was the same as Wisconsin.
If we were funded at the same level as Michigan, Illinois would have received $4,789,481,048 in additional tax dollars from the federal government.
**One way to increase state income would be in the area of transfer of Federal tax dollars to Illinois.**
And how would you magically do that? Especially in a Trump/Pence administration that has proposed drastically CUTTING federal dollars to states?
I’m with alabama on this one.
Just not for the same reasoning.
I don’t want to be like Michigan.
We are already too much like Detroit.
Federal dollars ALWAYS have repercussions.