Bill Text: IL SB1836 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Nurse Agency Licensing Act. Defines "long-term basis" and "temporary basis". Provides that nurses or certified nurse aides employed, assigned, or referred to a health care facility by a nurse agency may only be terminated by the nurse agency for cause. Provides that nurse agencies are prohibited from entering into covenants not to compete with a nurse or a certified nurse aide if the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis or the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis. Provides that a covenant not to compete entered into on or after July 1, 2022 between a nurse agency and a nurse or a certified nurse aide is illegal and void if (i) the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis or (ii) the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis. In any contract on a temporary basis with any nurse, certified nurse aide, or health care facility, prohibits a nurse agency from requiring the payment of liquidated damages, conversion fees, employment fees, buy-out fees, placement fees, or other compensation if the nurse or certified nurse aide is hired as a permanent employee of a health care facility. Provides that beginning on the effective date of the amendatory Act and ending on December 31, 2027, a nurse agency may enter into a covenant not to compete with a nurse or a certified nurse aide if the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a long-term basis or the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a long-term basis. Provides that if a covenant not to compete that was entered into on or before December 31, 2027 expires on or after January 1, 2028, the covenant not to compete shall remain in effect until its expiration date. Provides that to be enforceable, the term of a covenant not to compete entered into must be concurrent with the term of initial employment, assignment, or referral of the nurse or certified nurse aide to a health care facility. Provides that a contract on a long-term basis between any nurse, certified nurse aide, or health care facility and a nurse agency may provide for the payment of actual damages, conversion of fees, employment fees, buy-out fees, placement fees, or other reasonable expenses resulting from a violation of the contract that occurred during the initial employment, assignment, or referral term. Provides that provisions concerning contracts between nurse agencies and health care facilities do not apply to contracts on a long-term basis between a nurse agency and a health care facility providing for the employment, assignment, or referral of nurses or certified nurse aides to the health care facility. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Enrolled - Dead) 2023-01-10 - Passed Both Houses [SB1836 Detail]
Download: Illinois-2021-SB1836-Introduced.html
Bill Title: Amends the Nurse Agency Licensing Act. Defines "long-term basis" and "temporary basis". Provides that nurses or certified nurse aides employed, assigned, or referred to a health care facility by a nurse agency may only be terminated by the nurse agency for cause. Provides that nurse agencies are prohibited from entering into covenants not to compete with a nurse or a certified nurse aide if the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis or the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis. Provides that a covenant not to compete entered into on or after July 1, 2022 between a nurse agency and a nurse or a certified nurse aide is illegal and void if (i) the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis or (ii) the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis. In any contract on a temporary basis with any nurse, certified nurse aide, or health care facility, prohibits a nurse agency from requiring the payment of liquidated damages, conversion fees, employment fees, buy-out fees, placement fees, or other compensation if the nurse or certified nurse aide is hired as a permanent employee of a health care facility. Provides that beginning on the effective date of the amendatory Act and ending on December 31, 2027, a nurse agency may enter into a covenant not to compete with a nurse or a certified nurse aide if the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a long-term basis or the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a long-term basis. Provides that if a covenant not to compete that was entered into on or before December 31, 2027 expires on or after January 1, 2028, the covenant not to compete shall remain in effect until its expiration date. Provides that to be enforceable, the term of a covenant not to compete entered into must be concurrent with the term of initial employment, assignment, or referral of the nurse or certified nurse aide to a health care facility. Provides that a contract on a long-term basis between any nurse, certified nurse aide, or health care facility and a nurse agency may provide for the payment of actual damages, conversion of fees, employment fees, buy-out fees, placement fees, or other reasonable expenses resulting from a violation of the contract that occurred during the initial employment, assignment, or referral term. Provides that provisions concerning contracts between nurse agencies and health care facilities do not apply to contracts on a long-term basis between a nurse agency and a health care facility providing for the employment, assignment, or referral of nurses or certified nurse aides to the health care facility. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Enrolled - Dead) 2023-01-10 - Passed Both Houses [SB1836 Detail]
Download: Illinois-2021-SB1836-Introduced.html
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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Insurance Code is amended by | |||||||||||||||||||
| 5 | changing Section 143.29 as follows:
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| 6 | (215 ILCS 5/143.29) (from Ch. 73, par. 755.29)
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| 7 | Sec. 143.29.
(a) The rates and premium charges for every | |||||||||||||||||||
| 8 | policy of automobile
liability insurance shall include | |||||||||||||||||||
| 9 | appropriate reductions as determined
by the insurer for any | |||||||||||||||||||
| 10 | insured
over age 55 upon successful completion of the National | |||||||||||||||||||
| 11 | Safety Council's
Defensive Driving Course or a motor vehicle | |||||||||||||||||||
| 12 | accident prevention course, including an eLearning course, | |||||||||||||||||||
| 13 | that which
is found by the Secretary of State to meet or exceed | |||||||||||||||||||
| 14 | the standards of the
National Safety Council's Defensive | |||||||||||||||||||
| 15 | Driving Course's 8 hour classroom safety
instruction program.
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| 16 | (b) The premium reduction shall remain in effect for the | |||||||||||||||||||
| 17 | qualifying insured
for a period of 3 years from the date of | |||||||||||||||||||
| 18 | successful completion of the accident
prevention course, | |||||||||||||||||||
| 19 | except that the insurer may elect to apply the premium
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| 20 | reduction beginning either with the last effective date of the | |||||||||||||||||||
| 21 | policy or
the next renewal date of the policy if the reduction | |||||||||||||||||||
| 22 | will result in a savings
as though applied over a full 3 year | |||||||||||||||||||
| 23 | period. An insured who has completed
the course of instruction | |||||||||||||||||||
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| 1 | prior to July 1, 1982 shall receive the insurance
premium | ||||||
| 2 | reduction
for only the period remaining within the 3 years | ||||||
| 3 | from course completion.
The period of premium reduction for an | ||||||
| 4 | insured who has repeated the accident
prevention course shall | ||||||
| 5 | be based upon the last such course the insured has
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| 6 | successfully completed.
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| 7 | (c) Any accident prevention course approved by the | ||||||
| 8 | Secretary of State
under this Section shall be taught by an | ||||||
| 9 | instructor approved by the Secretary
of State, shall consist | ||||||
| 10 | of at least 8 hours of classroom or eLearning equivalent | ||||||
| 11 | instruction and
shall provide for a certificate of completion. | ||||||
| 12 | Records of certification
of course completion shall be | ||||||
| 13 | maintained in a manner acceptable to the Secretary
of State.
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| 14 | (d) Any person claiming eligibility for a rate or premium | ||||||
| 15 | reduction shall
be responsible for providing to his insurance | ||||||
| 16 | company the information necessary
to determine eligibility.
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| 17 | (e) This Section shall not apply to:
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| 18 | (1) any motor vehicle which is a part of a fleet or is used | ||||||
| 19 | for commercial
purposes unless there is a regularly assigned | ||||||
| 20 | principal operator.
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| 21 | (2) any motor vehicle subject to a higher premium rate | ||||||
| 22 | because of the
insured's previous motor vehicle claim | ||||||
| 23 | experience or to any motor vehicle
whose principal operator | ||||||
| 24 | has been convicted of violating any of the
motor vehicle laws | ||||||
| 25 | of this State, until that operator
shall have maintained a | ||||||
| 26 | driving record free of
accidents and moving violations for
a | ||||||
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| 1 | continuous one year period,
in which case such driver shall be | ||||||
| 2 | eligible for a reduction the remaining
2 years of the 3 year | ||||||
| 3 | period.
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| 4 | (3) any motor vehicle whose principal operator has had his | ||||||
| 5 | drivers license
revoked or suspended for any reason by the | ||||||
| 6 | Secretary of State within the
previous 36 months.
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| 7 | (4) any policy of group automobile insurance under which | ||||||
| 8 | premiums are
broadly averaged for the group rather than | ||||||
| 9 | determined individually.
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| 10 | (Source: P.A. 82-920.)
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