HB3337ham001 103RD GENERAL ASSEMBLY

Rep. Sharon Chung

Filed: 3/7/2023

10300HB3337ham001 LRB103 30216 AWJ 58512 a

AMENDMENT TO HOUSE BILL 3337

AMENDMENT NO. ______. Amend House Bill 3337 by replacing everything after the enacting clause with the following:

"Section 5. If and only if Senate Bill 208 of the 102nd General Assembly becomes law, then the Paid Leave for All Workers Act is amended by changing Section 10 as follows:

(10200SB0208enr, Sec. 10)

Sec. 10. Definitions. As used in this Act:

"Construction industry" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, or adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, waterworks, parking facility, railroad, excavation or other structure, project, development, real property, or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to or fabrication into, any structure, project, development, real property, or improvement herein described of any material or article of merchandise.

"Construction industry" also includes moving construction related materials on the job site or to or from the job site, snow plowing, snow removal, and refuse collection.

"Department" means the Illinois Department of Labor.

"Domestic work" and "domestic worker" have the same meanings as defined in Section 10 of the Domestic Workers' Bill of Rights Act, except that "domestic worker" also includes independent contractors, sole proprietors, and partnerships.

"Employee" has the same application and meaning as that provided in Sections 1 and 2 of the Illinois Wage Payment and Collection Act. "Employee" also includes all domestic workers, and, for the purposes of this Act, domestic workers shall not be excluded as employees under the provisions of item (1), (2), or (3) of Section 2 of the Illinois Wage Payment and Collection Act. "Employee" does not include:

(1) an employee as defined in the federal Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the Railway Labor Act;

(2) a student enrolled in and regularly attending classes in a college or university that is also the student's employer, and who is employed on a temporary basis at less than full time at the college or university, but this exclusion applies only to work performed for that college or university; or

(3) a short-term employee who is employed by an institution of higher education for less than 2 consecutive calendar quarters during a calendar year and who does not have a reasonable expectation that they will be rehired by the same employer of the same service in a subsequent calendar year.

"Employer" has the same application and meaning as that provided in Sections 1 and 2 of the Illinois Wage Payment and Collection Act, except that for purposes of this Act, "employer" also means the State and units of local government, any political subdivision of the State or units of local government, or any State or local government agency.

"Employer" does not include school districts organized under the School Code, or park districts organized under the Park District Code, or departments of a municipality that operate parks and recreation facilities and programs.

"Writing" or "written" means a printed or printable communication in physical or electronic format, including a communication that is transmitted through electronic mail, text message, or a computer system or is otherwise sent or stored electronically.

(Source: 10200SB0208enr.)

Section 10. The Illinois Municipal Code is amended by changing Section 3.1-25-95 and by adding Section 5-2-20 as follows:

(65 ILCS 5/3.1-25-95) (from Ch. 24, par. 3.1-25-95)

Sec. 3.1-25-95. Incorporated town officers.

(a) For each the general municipal election in the Town of Cicero, to be held in the year 1985 in every incorporated town with a population of 25,000 or more by the last official census, and every 4 years thereafter, the municipal clerk shall certify the names of the candidates to the proper election authority as provided by the general election law. A president, a clerk, an assessor, a collector, and a supervisor shall be elected for a term of 4 years and until their successors are elected and have qualified. Whenever a vacancy occurs in the office of any of the specified officers, the vacancy shall be filled for the remainder of the term at the next general municipal election in that incorporated town as provided in Section 3.1-10-50. Whenever an election is held for this purpose, the municipal clerk shall certify the office to be filled and the candidates for that office to the election authorities as provided in the general election law. During the period from the time a vacancy occurs until a clerk, assessor, collector, or supervisor is elected and has qualified, the vacancy may be filled by appointment by the president and board of trustees of that incorporated town voting jointly. During the period from the time a vacancy occurs until a president is elected and has qualified, the vacancy may be filled by appointment by the board of trustees of that incorporated town.

(b) For every other incorporated town other than the Town of Cicero with a population of 25,000 or more by the last decennial census, a president must be elected every 4 years at the general municipal election with other officers to be elected or appointed as set forth by ordinance of the corporate authorities. Each officer shall continue to hold office until the officer's successor is selected and qualified. Each vacancy must be filled under Section 3.1-10-50.

(c) The changes made to subsection (a) by this amendatory Act of the 103rd General Assembly are declarative of existing law and shall be applied retroactively when substantively applicable, including all pending actions without regard to when the cause of action accrued.

(Source: P.A. 87-1119.)

(65 ILCS 5/5-2-20 new)

Sec. 5-2-20. Incorporated town officers. For each incorporated town that has adopted this Article, a president must be elected every 4 years at the general municipal election with other officers to be elected or appointed as set forth by ordinance of the corporate authorities. Each officer shall continue to hold office until the officer's successor is selected and qualified. Each vacancy must be filled under Section 3.1-10-50.

Section 99. Effective date. This Act takes effect upon becoming law, except that Section 5 takes effect upon becoming law or on the date Senate Bill 208 of the 102nd General Assembly takes effect, whichever is later.".