New Year. New Laws. 2024

PAID LEAVE FOR ALL WORKERS ACT (SB 0208/PA 102-1143): Requires employers to provide 40 hours of paid leave annually for full-time employees or prorated amounts for part-time employees, which may be used for any reason and without documentation. Note that employers in Chicago are subject to the City of Chicago’s paid leave and sick ordinance that may have different requirements than the Paid Leave for All Workers Act. For more on the Chicago Ordinance, Click Here.

TRANSPORTATION BENEFIT PROGRAM ACT (HB 2068/PA 103-0291): Requires employers with 50 or more employees and located within one mile of transit service to allow employees to exclude public transit costs from taxable wages. 

VICTIMS’ ECONOMIC SECURITY AND SAFETY ACT (HB 2493/PA 103-0314): Amended to entitle an employee to two work weeks of unpaid leave from work for specified reasons relating to a family or household member who is killed in a violent crime.

EQUAL PAY ACT (HB 3129/PA 103-0539): Modifies the Equal Pay Act of 2003 by requiring employers with 15 or more employees with a physical presence in Illinois or for a job which reports to an Illinois supervisor to include a pay scale and benefits in their job postings for positions. 

FREELANCE WORKER PROTECTION ACT (HB 1122/PA 103-0417): Imposes economic protections for individuals who provide freelance work as independent contractors. The legislation also allows freelance workers to file a complaint with the Illinois Department of Labor regarding violations of the Act. 

ELECTRONIC WILLS AND REMOTE WITNESSES ACT (HB 2269/PA 103-0301): Legislation amends the Electronic Wills and Remote Witnesses Act by authorizing the execution of electronic nontestamentary estate planning documents and validating electronic signatures. 

UNEMPLOYMENT INSURANCE ACT (HB 3301/PA 103-0343): Amends the Act to require Illinois employers to report newly hired independent contractors to the Illinois Dept. of Employment Security so that they may be placed on the Illinois Directory of New Hires. 

PROBATE ACT (HB 1268/PA 103-0280): Amendment allowing individuals convicted of a felony to serve as an executor of an estate so long as they are not currently incarcerated. 

HUMAN RIGHTS ACT (SB 1817/PA 103-0232): Amendment prohibiting discrimination of an individual’s immigration status in real estate transactions and prohibiting loan providers from discriminating based on immigration status or source of income. However, financial institutions may consider immigration status in compliance with State or Federal law. 

SALES FINANCE AGENCY ACT (HB 3236/PA 103-339): Amendment to prevent sales finance agencies from purchasing a loan secured by: (1) retail installment contracts; (2) retail charge agreements; or (3) the outstanding balance of retail installment contracts or retail charge agreements for sale of a canine or feline. 

CORPORATE TRANSPARENCY ACT (SB 2563/PA 103-0036): Mandates that qualified U.S. businesses report their beneficial owners to combat financial crimes. The law affects both domestic and foreign corporations, requiring them to disclose specific ownership information to FinCEN. 

DIGITAL FORGERIES ACT (HB 2123/PA 103-0294): Legislation that will give victims legal recourse if they are the victim of “deep fakes,” or digitally altered sexually explicit images. 

COMMUNITY BENEFITS ACT (HB 2719/PA 103-0323): Amendment legally requiring Hospitals to screen patients for eligibility for public financial assistance before sending them to collections. Hospitals will also be required to refer patients to free, unbiased resources if immigration-related concerns arise.

PERSONNEL RECORD REVIEW ACT (HB 3733/PA 103-0201): Amendment requiring employers to provide copies of personnel records via email or mail. Employers may continue to charge a fee for making copies of the personnel records up to the actual cost of the copies.

LIQUOR CONTROL ACT (HB 1557/PA 103-0020): Amendment requiring for-profit music venues with a capacity of more than 1,000 persons to maintain a staff member trained to administer on-site opioid overdose treatment.

SMOKE-FREE ILLINOIS ACT (HB 1540/PA 103-272): Amendment that adds electronic smoking devices to the 2008 Smoke-Free Illinois Act, which banned smoking in most indoor public spaces in the state.

ILLINOIS INSURANCE CODE (HB 1049/PA 103-0011): Amendment preventing homeowners insurance providers from modifying or adjusting the coverage of a policyholder based on the specific breed of dog that individual owns. However, insurance providers can still modify or cancel coverage if they can support a finding that a given dog is “dangerous.”

ILLINOIS VEHICLE CODE (HB 2431/PA 103-0310): Amendment making it illegal to take a video conference call like Skype or Zoom while driving a car. The first violation of this amended Code provision will result in a $75 fine, but repeated violations could escalate as high as $1,000.

IDENTIFICATION CARD ACT (HB 3882 HB 3882/103-0210): Amendment permitting undocumented residents of Illinois who have been in the state for at least a year to receive a standard Illinois driver license, replacing the existing Temporary Visitor Driver's License (TVDL) program currently used by about 400,000 undocumented residents.

ILLINOIS VEHICLE CODE (HB 2245/PA 103-0300): Amendment requiring the country sheriff of counties of over 3,000,000 citizens to establish a vehicle theft hotline to help facilitate the location of stolen vehicles using their existing global positioning systems. 

SECURITY DEPOSIT RETURN ACT (SB 1741/PA 103-0224): Amendment removing the limitations of security deposit protections for buildings with fewer than five units and requires landlords to provide an itemized statement of damages before withholding a security deposit for all rental units regardless of the number of units within 30 days of the end of possession. 

ILLINOIS MARRIAGE AND DISSOLUTION ACT (HB 1591/PA 103-0021): Amendment repealing provisions of the Act that stated marriages are void in Illinois if they are void in other states, and the requirement of individuals who live in another state, obtaining a license in Illinois, to need a signature from their home state. 

ILLINOIS ANTI-TRUST ACT (HB 2222/PA 103-0526): Requires healthcare facilities and provider organizations to notify the Attorney General of a transaction involving a merger, acquisition, or contracting affiliation within 30 days of the transaction’s closing or effective date. 

ILLINOIS CRIMINAL CODE (HB 3304/PA 103-0184): Provides that prosecution for fraud relating to COVID-19 relief may commence within five years following the discovery by an individual with a legal duty to report the activity or following an officer becoming aware of the fraudulent offense. 

ILLINOIS SCHOOL CODE (HB 3570/PA 103-0452): Amendment requiring the Illinois State Board of Education to analyze and assess the most recent rating data for all non-tenured teachers broken down by race and ethnicity, and the race, ethnicity, and free and reduced-price lunch status of the students in the school where the teacher is employed. 

For a comprehensive list of the new Illinois laws, visit: https://www.illinoissenatedemocrats.com/images/PDFS/2023/bills-taking-effect-2024.pdf

Contact attorney Lance Ziebell at 847-705-7555 or lziebell@lavellelaw.com to set up a consultation to discuss how these new laws may affect you or your business.