093_SB1763sam002

 










                                     LRB093 11033 WGH 14324 a

 1                    AMENDMENT TO SENATE BILL 1763

 2        AMENDMENT NO.     .  Amend Senate Bill 1763 by  replacing
 3    lines  12  through  34  on  page 5, all of pages 6 and 7, and
 4    lines 1 through 17 on page 8 with the following:

 5             "(3)  "Department" means the Department of Labor.
 6             (4)  "Director" means the Director of Labor.
 7             (5)  "Domestic or sexual  violence"  means  domestic
 8        violence, sexual assault, or stalking.
 9             (6)  "Domestic violence" includes acts or threats of
10        violence,  not including acts of self defense, as defined
11        in  subdivision  (3)  of  Section  103  of  the  Illinois
12        Domestic Violence Act of 1986, or engaging in any  course
13        of conduct directed at a specific person that would cause
14        a  reasonable  person  to  suffer  substantial  emotional
15        distress  or  to  fear  bodily injury, sexual assault, or
16        death to the person, or the person's family or  household
17        member, if the conduct causes the specific person to have
18        such distress or fear.
19             (7)  "Electronic       communications"      includes
20        communications via  telephone,  mobile  phone,  computer,
21        e-mail, video recorder, fax machine, telex, or pager.
22             (8)  "Employ" includes to suffer or permit to work.
23             (9)  Employee.
 
                            -2-      LRB093 11033 WGH 14324 a
 1                  (A)  In  general.  "Employee"  means any person
 2             employed by an employer.
 3                  (B)  Basis.  "Employee"   includes   a   person
 4             employed  as described in subparagraph (A) on a full
 5             or part-time basis, for a fixed time  period,  on  a
 6             temporary   basis,  pursuant  to  a  detail,  as  an
 7             independent contractor, or as  a  participant  in  a
 8             work assignment as a condition of receipt of federal
 9             or State income-based public assistance.
10             (10)  "Employer":
11                  (A)  means any person engaged in commerce or in
12             any  industry  or  activity  affecting  commerce who
13             employs 15 or more individuals; and
14                  (B)  includes any  person  acting  directly  or
15             indirectly   in  the  interest  of  an  employer  in
16             relation to  an  employee,  and  includes  a  public
17             agency,  but does not include any labor organization
18             (other than when acting as an  employer)  or  anyone
19             acting  in  the capacity of officer or agent of such
20             labor organization.
21             (11)  "Employment  benefits"  means   all   benefits
22        provided  or  made available to employees by an employer,
23        including  group  life   insurance,   health   insurance,
24        disability   insurance,   sick   leave,   annual   leave,
25        educational benefits, and pensions, regardless of whether
26        such  benefits  are  provided  by  a  practice or written
27        policy of an employer or  through  an  "employee  benefit
28        plan".   "Employee  benefit  plan"  or  "plan"  means  an
29        employee welfare benefit  plan  or  an  employee  pension
30        benefit  plan or a plan which is both an employee welfare
31        benefit plan and an employee pension benefit plan.
32             (12)  "Family or household  member"  means  spouses,
33        former  spouses,  parents,  son  or daughter, and persons
34        jointly  residing  or  formerly  residing  in  the   same
 
                            -3-      LRB093 11033 WGH 14324 a
 1        dwelling unit.
 2             (13)  "Parent"  means  the  biological  parent of an
 3        employee or an individual who stood in loco  parentis  to
 4        an employee when the employee was a son or daughter. "Son
 5        or  daughter"  means  a  biological,  adopted,  or foster
 6        child, a stepchild, a legal ward, or a child of a  person
 7        standing  in loco parentis, who is under 18 years of age,
 8        or is 18 years of age or older and incapable of self-care
 9        because of a mental or physical disability.
10             (14)  "Perpetrator" means an individual who  commits
11        or  is  alleged  to  have  committed any act or threat of
12        domestic or sexual violence.
13             (15)  "Person"  means  an  individual,  partnership,
14        association,   corporation,   business    trust,    legal
15        representative, or any organized group of persons.
16             (16)  "Public  agency"  means  the Government of the
17        State or political subdivision thereof; any agency of the
18        State, or of a political subdivision of the State; or any
19        governmental agency.
20             (17)  "Public  assistance"   includes   cash,   food
21        stamps, medical assistance, housing assistance, and other
22        benefits  provided  on  the  basis  of income by a public
23        agency or public employer.
24             (18)  "Reduced work schedule" means a work  schedule
25        that  reduces  the usual number of hours per workweek, or
26        hours per workday, of an employee.
27             (19)  "Repeatedly" means on 2 or more occasions.
28             (20)  "Sexual assault" means any conduct  proscribed
29        by  the  Criminal  Code of 1961 in Sections 12-12, 12-13,
30        12-14, 12-14.1, 12-15, and 12-16, including both assaults
31        committed by perpetrators who are strangers to the victim
32        and assaults committed by perpetrators who are  known  or
33        related by blood or marriage to the victim."; and

34    on  page  8,  line  27 by changing "alleging to have" to "who
 
                            -4-      LRB093 11033 WGH 14324 a
 1    has"; and

 2    on page 13, by replacing lines 8 and 9 with the following:
 3             "(A)  In  general.  Any  employee  who  takes  leave
 4        under"; and

 5    on page 14, by deleting lines 4 through 24; and

 6    on page 14, line 25 by changing "(3)" to "(2)"; and

 7    on page 16, by replacing lines 33 and 34 with the following:
 8        "individual because the individual:"; and

 9    on  page  17,  line  8  by  inserting  "or  retaliate"  after
10    "discriminate"; and

11    on page 17, by replacing lines 11 and 12 with the following:
12        "individual because the individual:"; and

13    on page  17,  line  19  by  inserting  "or  retaliate"  after
14    "discriminate"; and

15    on page 21, by inserting after line 24 the following:

16        "(a)  Department of Labor.
17             (1)  The   Director   or   his   or  her  authorized
18        representative   shall   administer   and   enforce   the
19        provisions of this Act. The Director  shall  adopt  rules
20        necessary   to  administer  and  enforce  this  Act.  The
21        Department  of   Labor   has   the   power   to   conduct
22        investigations  in  connection with the administration of
23        this Act and the authorized officers and employees of the
24        Department  are  authorized  to  investigate  and  gather
25        information  and  data  regarding  the   conditions   and
26        practices  of  employment in any industry subject to this
27        Act, and may enter  and  inspect  such  places  and  such
28        records  at  reasonable  times  during  regular  business
29        hours, question the employees, and investigate the facts,
30        conditions,  practices,  or matters as he or she may deem
 
                            -5-      LRB093 11033 WGH 14324 a
 1        necessary or appropriate to determine whether any  person
 2        has  violated any provision of this Act, or which may aid
 3        in the enforcement of this Act. The Director  or  his  or
 4        her  authorized representative is authorized to bring any
 5        legal action necessary to enforce the provisions of  this
 6        Act.
 7             (2)  Recordkeeping requirements. An employer subject
 8        to  any  provision  of  this  Act shall make and preserve
 9        records that document the name, address,  and  occupation
10        of  each  employee and any other information the Director
11        may  by  rule  deem   necessary   and   appropriate   for
12        enforcement  of  this  Act.  An  employer  subject to any
13        provision of this Act shall preserve those records for  a
14        period  of  not  less than 3 years and shall make reports
15        from the records as prescribed by rule or  order  of  the
16        Director.
17             (3)  Witnesses;  subpoenas.  The  Director or his or
18        her authorized representative may administer oaths,  take
19        or  cause  to  be taken the depositions of witnesses, and
20        require by  subpoena  the  attendance  and  testimony  of
21        witnesses  and  the production of all books, records, and
22        other   evidence   relative   to   the    matter    under
23        investigation. A subpoena issued under this Section shall
24        be  signed  and  issued  by  the  Director  or his or her
25        authorized representative. In  case  of  failure  of  any
26        person  to comply with any subpoena lawfully issued under
27        this Section or on the refusal of any witness to  produce
28        evidence  or  to testify to any matter regarding which he
29        or she may be lawfully interrogated, it is  the  duty  of
30        the  circuit  court, upon application of the Director, or
31        his or her authorized representative, to compel obedience
32        by  proceedings  for  contempt,  as  in   the   case   of
33        disobedience  of the requirements of a subpoena issued by
34        such court or a refusal to testify therein. The  Director
 
                            -6-      LRB093 11033 WGH 14324 a
 1        may certify to official acts."; and

 2    on page 21, line 25 by changing "(a)" to "(b)"; and

 3    on page 22, by deleting lines 5 through 8; and

 4    on page 22, line 9 by changing "(D)" to "(C)"; and

 5    on page 22, by replacing lines 12 and 13 with the following:
 6             "accommodations; and
 7                  "(D)  The Director of Labor may bring any legal
 8             action  necessary  to  recover  damages  recoverable
 9             under  this  Section.  Any  sums  recovered  by  the
10             Director on behalf of an employee under this Section
11             shall be paid to the employee or employees affected.
12             (2)  Right  of action. No sooner than 180 days after
13        the filing of a charge or complaint with  the  Department
14        of Labor under this Act, an action to recover the"; and

15    on  page  23,  by  replacing  lines  3  through  11  with the
16    following:

17             "(6)  Refusal to pay damages. Any employer  who  has
18        been ordered by the Director of Labor or the court to pay
19        damages  under this Section and who fails to do so within
20        15 days after the order is entered is  liable  to  pay  a
21        penalty  of  1% per calendar day to the employee for each
22        day of delay in paying the damages to the employee.
23             (7)  Intervention. The Attorney General of  Illinois
24        may   intervene  on  behalf  of  the  Department  if  the
25        Department certifies that the case is of  general  public
26        importance.  Upon  such  intervention the court may award
27        such relief as is authorized to be granted to a plaintiff
28        in a civil action under this Section.

29        Section 40.  Notification. Every employer covered by this
30    Act shall post and keep posted, in conspicuous places on  the
 
                            -7-      LRB093 11033 WGH 14324 a
 1    premises  of  the  employer  where  notices  to employees are
 2    customarily posted, a notice, to be prepared or  approved  by
 3    the  Director  of Labor, summarizing the requirements of this
 4    Act and information pertaining to the filing of a charge. The
 5    Director shall furnish  copies  of  summaries  and  rules  to
 6    employers upon request without charge."; and

 7    on page 23, line 12 by changing "40" to "45".