SB 471

Abstract

Amends the Labor Dispute Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 820 ILCS 5/1.1 Adds reference to: New Act 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Creates the Healthy Workplace Act and amends the State Finance Act. Requires employers to provide specified paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Exempts employers subject to the Railway Labor Act. Provides that an employee who works in the State who is absent from work for specified reasons is entitled to earn and use a minimum of 40 hours of paid sick time during a 12-month period or a pro rata number of hours of paid sick time under the provisions of the Act. Provides that it is unlawful for an employer to interfere with, restrain, deny, change work days or hours scheduled to avoid paying sick time, or discipline an employee for the exercise of, or the attempt to exercise, any right provided under or in connection with the Act, including considering the use of paid sick time as a negative factor in an employment action that involves hiring, terminating, evaluating, promoting, disciplining, or counting the paid sick time under a no-fault attendance policy. Provides that any employer that the Department of Labor or a court finds by a preponderance of the evidence to have knowingly, repeatedly, or with reckless disregard violated any provision of the Act or any rule adopted under the Act is subject to a civil money penalty to be paid to the employee not to exceed $2,500 for each separate offense. Provides that the Department of Labor shall administer the Act. Authorizes individuals to file civil actions with respect to violations. Creates the Healthy Workplace Fund as a special fund in the State treasury. Effective immediately. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) The fiscal impact of SB 471, as amended by HA 1, is not known as the number of COVID-related fatalities amongst the ranks of Chicago police officers and firefighters cannot be predicted. Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 1 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in Senate Bill 471 (H-AM-1); therefore, there are no appraisals to be filed. House Floor Amendment No. 3 Deletes reference to: New Act 30 ILCS 105/5.891 new Adds reference to: 5 ILCS 345/1 from Ch. 70, par. 91 230 ILCS 5/15.5 new 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 Replaces everything after the enacting clause. Amends the Public Employee Disability Act. Provides that upon the occurrence of circumstances which would hinder the physical recovery from an injury of an eligible employee within the one-year period as required under the Act, the eligible employee shall be entitled to an extension of no longer than 60 days by which he or she shall continue to be paid by the employing public entity on the same basis as he or she was paid before the injury. Provides that the employing public entity may require proof of the circumstances hindering an eligible employee's physical recovery before granting the extension. Makes conforming changes. Amends the Illinois Horse Racing Act of 1975. Provides that, as a condition of obtaining an organization gaming license under the Act, an entity that has at least 10 employees on average over the 12 months preceding application for the license must negotiate and enter into a labor agreement with labor organizations that seek to represent the entity's employees. Amends the Criminal Code of 2012. Provides that battery of a merchant is aggravated battery: (i) when the merchant is performing his or her duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration. Effective immediately. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0471, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) There is no discernible fiscal impact to pension funds that employ public safety personnel as a result of SB 0471, as amended by HA 3. The number of public safety employees who will contract COVID-19 during the time period enumerated in the bill cannot be predicted. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 471, as amended by House Amendment 3 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does pre-empt home rule authority State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) This amendment has no fiscal impact or population impact on the Department of Corrections. Fiscal Note, House Floor Amendment No. 3 (Department of Employment Security) Senate Bill 471 (HA-3) has no fiscal impact on the Department of Employment Security.