99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1755

 

Introduced 2/20/2015, by Sen. Daniel Biss

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Call Center Worker and Consumer Protection Act. Provides that an employer that intends to relocate a call center or portions of a call center to a foreign country must provide notice to the State Treasurer at least 120 days before the relocation. Authorizes a civil penalty not to exceed $10,000 for violations. Requires the Treasurer to compile and post on the Treasurer's website a list of employers that have relocated call centers. Requires employers that relocate call centers to foreign countries to repay grants, loans, and tax benefits that may have been received. Effective January 1, 2016.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Call
5Center Worker and Consumer Protection Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Call center" means a business enterprise and the State of
8Illinois or any of its political subdivisions that employ, for
9the purpose of customer service or back-office operations:
10        (1) 50 or more employees, excluding part-time
11    employees; or
12        (2) 50 or more employees who in the aggregate work at
13    least 1,500 hours per week (exclusive of hours of
14    overtime).
15    "Department" means a State department under the Executive
16Branch.
17    "Part-time employee" means an employee who is employed for
18an average of fewer than 20 hours per week or who has been
19employed for fewer than 6 of the 12 months preceding the date
20on which notice is required.
21    "Treasurer" means the Office of the State Treasurer.
 
22    Section 10. Relocation notice requirement.

 

 

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1    (a) An employer that intends to relocate a call center or
2one or more facilities or operating units within a call center
3comprising at least 30% of the total volume of the call center
4or operating units when measured against the previous 12-month
5average call volume of operations or substantially similar
6operations from Illinois to a foreign country shall notify the
7Treasurer at least 120 days before such relocation.
8    (b) An employer that violates subsection (a) shall be
9subject to a civil penalty not to exceed $10,000 for each day
10of such violation, except that the Treasurer may reduce such
11amount for just cause shown.
 
12    Section 15. List of company call centers.
13    (a) The Treasurer shall compile a semiannual list of all
14employers that relocate a call center or one or more facilities
15or operating units within a call center comprising at least 30%
16of the call center's total volume of operations from Illinois
17to a foreign country.
18    (b) The Treasurer shall post the list of company call
19centers on its website on June 30 of every year.
 
20    Section 20. Grants or guaranteed loans.
21    (a) Except as provided in subsection (c) and
22notwithstanding any other provision of law, an employer that
23appears on the list required under Section 15 shall be
24ineligible for any direct or indirect State grants or State

 

 

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1guaranteed loans for 5 years after the date such list is
2published.
3    (b) Except as provided in subsection (c) and
4notwithstanding any other provision of law, an employer that
5appears on the list required under Section 15 shall remit the
6unamortized value of any grant, guaranteed loans, tax benefits,
7or any other governmental support it has previously received to
8the Treasurer.
9    (c) The Treasurer, in consultation with the appropriate
10Department providing a loan or grant, may waive the eligibility
11restriction provided under subsection (a) if the employer
12applying for such loan or grant demonstrates that a lack of
13such loan or grant would:
14        (1) threaten national security;
15        (2) result in substantial job loss in the State; or
16        (3) harm the environment.
 
17    Section 25. In-state procurement. An agency shall ensure
18that all State-business-related call center and customer
19service work be performed by State contractors or their agents
20or subcontractors entirely within the State. State contractors
21who currently perform such work outside of the State shall have
222 years following the effective date of this Act to comply with
23this Section; provided that, if any such grandfathered
24contractors add customer service employees who will perform
25work on such contracts, those new employees shall immediately

 

 

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1be employed within the State.
 
2    Section 30. State benefits for workers. No provision of
3this Act shall be construed to permit withholding or denial of
4payments, compensation, or benefits under any other State law
5(including State unemployment insurance, disability payments,
6or worker retraining or readjustment funds) to workers employed
7by employers that relocate to a foreign country.
 
8    Section 99. Effective date. This Act takes effect January
91, 2016.