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".