Bill Status of HB 5561   103rd General Assembly

Short Description:  WHISTLEBLOWER ACT

House Sponsors
Rep. Marcus C. Evans, Jr.-Curtis J. Tarver, II-Stephanie A. Kifowit-Camille Y. Lilly-Abdelnasser Rashid, Theresa Mah, Hoan Huynh, Terra Costa Howard, Daniel Didech, Yolonda Morris, Laura Faver Dias, Barbara Hernandez, Jennifer Gong-Gershowitz, Mary Beth Canty, Will Guzzardi, Nabeela Syed and Maura Hirschauer

Senate Sponsors
(Sen. Cristina Castro, Mike Porfirio, Laura M. Murphy-Linda Holmes, Javier L. Cervantes, Omar Aquino-Mike Simmons, Julie A. Morrison, Adriane Johnson, Mary Edly-Allen, Emil Jones, III and Meg Loughran Cappel)


Last Action  View All Actions

DateChamber Action
  8/9/2024HousePublic Act . . . . . . . . . 103-0867

Statutes Amended In Order of Appearance
740 ILCS 174/5
740 ILCS 174/15
740 ILCS 174/20
740 ILCS 174/20.1
740 ILCS 174/20.2
740 ILCS 174/25
740 ILCS 174/30
740 ILCS 174/31 new

Synopsis As Introduced
Amends the Whistleblower Act. Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. Effective January 1, 2025.

House Floor Amendment No. 1
Adds reference to:
740 ILCS 174/32 new

Replaces everything after the enacting clause with the provisions of the bill as introduced with these changes. Changes the definition of "adverse employment action", "employer", and what is excluded from the definition of "retaliatory action". Changes the damages and penalties for an employee. Provides that the employee may be awarded interest on back pay of 9% per annum for up to 90 calendar days from the date the complaint is filed, liquidated damages of up to $10,000, and a civil penalty of $10,000. Makes it a defense for any action brought under the Act if the retaliatory action was predicated solely upon grounds other then the employee's exercise of any rights protected under this Act. Authorizes additional remedies that the Attorney General may pursue for violations of the Act.

House Floor Amendment No. 2
Makes technical and grammatical changes.

Actions 
DateChamber Action
  2/9/2024HouseFiled with the Clerk by Rep. Marcus C. Evans, Jr.
  2/9/2024HouseFirst Reading
  2/9/2024HouseReferred to Rules Committee
  3/5/2024HouseAssigned to Judiciary - Civil Committee
  3/12/2024HouseAdded Co-Sponsor Rep. Theresa Mah
  3/12/2024HouseAdded Co-Sponsor Rep. Hoan Huynh
  3/12/2024HouseAdded Co-Sponsor Rep. Terra Costa Howard
  3/12/2024HouseAdded Co-Sponsor Rep. Daniel Didech
  3/13/2024HouseAdded Chief Co-Sponsor Rep. Curtis J. Tarver, II
  3/13/2024HouseDo Pass / Short Debate Judiciary - Civil Committee; 010-004-000
  3/13/2024HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2024HouseAdded Co-Sponsor Rep. Yolonda Morris
  3/20/2024HouseAdded Co-Sponsor Rep. Laura Faver Dias
  4/5/2024HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Marcus C. Evans, Jr.
  4/5/2024HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/10/2024HouseAdded Co-Sponsor Rep. Barbara Hernandez
  4/15/2024HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/16/2024HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 009-005-000
  4/16/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Marcus C. Evans, Jr.
  4/16/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/17/2024HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
  4/17/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/19/2024HouseRule 19(a) / Re-referred to Rules Committee
  4/19/2024HouseHouse Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
  4/19/2024HouseHouse Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee
  4/30/2024HouseApproved for Consideration Rules Committee; 005-000-000
  4/30/2024HousePlaced on Calendar 2nd Reading - Short Debate
  4/30/2024HouseThird Reading Deadline Extended-Rule May 24, 2024
  5/14/2024HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
  5/14/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  5/14/2024HouseHouse Floor Amendment No. 1 Adopted
  5/14/2024HouseHouse Floor Amendment No. 2 Adopted
  5/14/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2024HouseAdded Chief Co-Sponsor Rep. Stephanie A. Kifowit
  5/14/2024HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  5/14/2024HouseChief Co-Sponsor Changed to Rep. Stephanie A. Kifowit
  5/14/2024HouseChief Co-Sponsor Changed to Rep. Camille Y. Lilly
  5/14/2024HouseAdded Chief Co-Sponsor Rep. Abdelnasser Rashid
  5/14/2024HouseThird Reading - Short Debate - Passed 071-038-000
  5/14/2024HouseAdded Co-Sponsor Rep. Mary Beth Canty
  5/14/2024HouseAdded Co-Sponsor Rep. Will Guzzardi
  5/14/2024HouseAdded Co-Sponsor Rep. Nabeela Syed
  5/14/2024HouseAdded Co-Sponsor Rep. Maura Hirschauer
  5/14/2024HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr.
  5/14/2024HouseAdded Co-Sponsor Rep. Kevin John Olickal
  5/14/2024HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  5/14/2024HouseAdded Co-Sponsor Rep. Norma Hernandez
  5/14/2024HouseAdded Co-Sponsor Rep. Natalie A. Manley
  5/14/2024HouseRemoved Co-Sponsor Rep. Edgar Gonzalez, Jr.
  5/14/2024HouseRemoved Co-Sponsor Rep. Kevin John Olickal
  5/14/2024HouseRemoved Co-Sponsor Rep. Anne Stava-Murray
  5/14/2024HouseRemoved Co-Sponsor Rep. Norma Hernandez
  5/14/2024HouseRemoved Co-Sponsor Rep. Natalie A. Manley
  5/14/2024SenateArrive in Senate
  5/14/2024SenatePlaced on Calendar Order of First Reading
  5/15/2024SenateChief Senate Sponsor Sen. Cristina Castro
  5/15/2024SenateFirst Reading
  5/15/2024SenateReferred to Assignments
  5/16/2024SenateAdded as Alternate Co-Sponsor Sen. Mike Porfirio
  5/17/2024SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/17/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  5/20/2024SenateAssigned to Executive
  5/20/2024SenateRule 2-10 Committee/3rd Reading Deadline Established As May 24, 2024
  5/21/2024SenateAdded as Alternate Co-Sponsor Sen. Javier L. Cervantes
  5/22/2024SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/22/2024SenateWaive Posting Notice
  5/22/2024SenateDo Pass Executive; 011-002-000
  5/22/2024SenatePlaced on Calendar Order of 2nd Reading May 22, 2024
  5/22/2024SenateSecond Reading
  5/22/2024SenatePlaced on Calendar Order of 3rd Reading May 23, 2024
  5/22/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Mike Simmons
  5/23/2024SenateThird Reading - Passed; 044-015-000
  5/23/2024HousePassed Both Houses
  5/24/2024SenateAdded as Alternate Co-Sponsor Sen. Julie A. Morrison
  5/24/2024SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
  5/24/2024SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
  5/25/2024SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/26/2024SenateAdded as Alternate Co-Sponsor Sen. Meg Loughran Cappel
  6/21/2024HouseSent to the Governor
  8/9/2024HouseGovernor Approved
  8/9/2024HouseEffective Date January 1, 2025
  8/9/2024HousePublic Act . . . . . . . . . 103-0867

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