summary
Introduced
01/12/2024
01/12/2024
In Committee
05/01/2024
05/01/2024
Crossed Over
04/11/2024
04/11/2024
Passed
05/24/2024
05/24/2024
Dead
Signed/Enacted/Adopted
08/09/2024
08/09/2024
Introduced Session
103rd General Assembly
Bill Summary
Reinserts the provisions of the engrossed bill with the following changes. Provides that the enforcement of a covenant not to compete or covenant not to solicit described in the amendatory Act shall not be enforceable if it is likely to result in an increase in cost or difficulty for any veteran or first responder seeking mental health services (rather than would result in an undue burden on veterans or first responders seeking mental health services). Defines "licensed mental health professional" as a person licensed under the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, the Nurse Practice Act, or the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act (rather than a person who is licensed or registered to provide mental health services by the Department of Financial and Professional Regulation or a board of registration duly authorized to register or grant licenses to persons engaged in the practice of providing mental health services in Illinois). Changes the effective date to January 1, 2025.
AI Summary
This bill amends the Illinois Freedom to Work Act to provide additional exceptions to the prohibition on covenants not to compete and covenants not to solicit. The key provisions are:
1. It prohibits the enforcement of any covenant not to compete or covenant not to solicit that is likely to result in an increase in cost or difficulty for any veteran or first responder seeking mental health services from a licensed mental health professional in Illinois. "Licensed mental health professional" is defined to include individuals licensed under various healthcare practitioner acts.
2. It increases the earnings thresholds for employers to enter into enforceable covenants not to compete (from $75,000 to $90,000 by 2037) and covenants not to solicit (from $45,000 to $52,500 by 2037).
3. It prohibits employers from enforcing covenants not to compete or solicit against employees they have terminated, furloughed, or laid off due to COVID-19 or similar circumstances, unless the employee is compensated during the enforcement period.
4. It maintains the existing prohibition on enforcing covenants against collective bargaining unit employees and most construction workers.
The bill aims to protect the ability of veterans, first responders, and other Illinois workers to access mental health services, while also updating the earnings thresholds for enforcement of non-compete and non-solicitation agreements.
Committee Categories
Business and Industry, Labor and Employment
Sponsors (22)
Paul Faraci (D)*,
Angelica Guerrero-Cuellar (D)*,
Harry Benton (D),
John Cabello (R),
Cristina Castro (D),
Javier Cervantes (D),
Eva-Dina Delgado (D),
Mary Gill (D),
Jackie Haas (R),
Mike Halpin (D),
Adriane Johnson (D),
Michael Kelly (D),
Stephanie Kifowit (D),
Lindsey LaPointe (D),
Aarón Ortíz (D),
Mike Porfirio (D),
Jennifer Sanalitro (R),
Patrick Sheehan (R),
Brad Stephens (R),
Dave Vella (D),
Chris Welch (D),
Maurice West (D),
Last Action
Public Act . . . . . . . . . 103-0915 (on 08/09/2024)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2737&GAID=17&DocTypeID=SB&SessionID=112&GA=103 |
| BillText | https://www.ilga.gov/legislation/publicacts/103/103-0915.htm |
| BillText | https://www.ilga.gov/legislation/103/SB/10300SB2737enr.htm |
| House Amendment 001 | https://www.ilga.gov/legislation/103/SB/10300SB2737ham001.htm |
| BillText | https://www.ilga.gov/legislation/103/SB/10300SB2737eng.htm |
| Senate Amendment 001 | https://www.ilga.gov/legislation/103/SB/10300SB2737sam001.htm |
| BillText | https://www.ilga.gov/legislation/103/SB/10300SB2737.htm |
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