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HB 3094

Removing liability for mental health professionals providing services in mental hygiene cases involving possible involuntary hospitalization

2025 Regular Session Introduced by Matthew Rohrbach

The act requires transit benefits for eligible employees near fixed-route transit, but exempts construction employers with CBAs from those requirements.

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Bill Summary · HB 3094

Summary — HB 3094 (Public Act 104-0272): Transportation Benefits Program

Status: Enacted (Public Act 104-0272) — Governor approved 8/15/2025; Effective date: January 1, 2026
Introduced: Rep. Theresa Mah. Chief Senate sponsor: Sen. Ram Villivalam. Companion: SB 1051.

Purpose

HB 3094 amends the Transportation Benefits Program Act to (1) clarify several statutory definitions used by the Act and (2) exempt certain construction-industry employers — specifically, construction employers who have a bona fide collective bargaining agreement with their employees — from the Act’s requirements with respect to those employees.

Key provisions

  • Adds/clarifies definitions in Section 5 of the Transportation Benefits Program Act, including:
    • “Construction industry” — broad list of activities (constructing, altering, reconstructing, repairing, refurbishing, remodeling, demolishing, moving construction-related materials, snow plowing/removal, refuse collection, etc.) and covered project types (buildings, highways, bridges, sewers, water works, parking facilities, railroads, excavations, etc.).
    • “Covered employee” — person employed by a covered employer who performs an average of at least 35 hours per week (full-time).
    • “Covered employer” — any employer (including individuals, corporations, nonprofits, government entities) that (a) is located in specified counties/townships (extensive list across Cook, Lake, Will, DuPage, McHenry and other townships) and (b) employs 50 or more covered employees at an address within one mile of fixed‑route transit service.
    • “Public transit” and “Transit pass” — defined to reference systems under the Regional Transportation Authority and common transit fare instruments.
  • Amends Section 20 (Application of Act):
    • Reaffirms that nothing in the Act diminishes employees’ collective bargaining rights or alters existing bona fide collective bargaining agreements.
    • New explicit exemption: the Act does not apply to a covered employer in the construction industry with respect to employees who are covered by a bona fide collective bargaining agreement.

Who is affected

  • Employers: Businesses that meet the geographic (listed counties/townships), size (50+ covered employees), and proximity (within one mile of fixed-route transit) thresholds are subject to the Transportation Benefits Program (absent an applicable exemption).
  • Construction employers: Those in the defined “construction industry” that have bona fide collective bargaining agreements will be exempt from the Act’s requirements for employees covered by those agreements.
  • Employees: Full‑time employees (averaging ≥35 hours/week) who would otherwise be eligible for employer-provided transit benefits are directly affected. Unionized construction workers covered by CBAs may not be covered by the Act’s transit-benefit requirements.

Timeline / procedural history (selected)

  • Filed: 2/20/2025
  • Passed both chambers: 5/22/2025
  • Sent to Governor: 6/20/2025
  • Governor approved: 8/15/2025
  • Effective date: 1/1/2026

Potential impacts / considerations

  • The change narrows the universe of employees eligible for statutory transit-benefit protections by exempting unionized construction workers, potentially shifting benefit coverage back to terms negotiated in collective bargaining.
  • Employers in non‑construction sectors that meet the Act’s thresholds remain subject to its requirements.
  • The detailed geographic and size thresholds mean applicability remains focused on larger employers located near fixed-route transit in the enumerated jurisdictions.

Compiled from official sources — confirm details with the bill’s official record.

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