SB3468sam001 103RD GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 3/8/2024

10300SB3468sam001 LRB103 39357 JRC 70759 a

AMENDMENT TO SENATE BILL 3468

AMENDMENT NO. ______. Amend Senate Bill 3468 by replacing everything after the enacting clause with the following:

"Section 5. The Whistleblower Act is amended by changing Sections 5, 10, 15, and 20 as follows:

(740 ILCS 174/5)

Sec. 5. Definitions. As used in this Act:

"Employer" means: an individual, sole proprietorship, partnership, firm, corporation, association, and any other entity that has one or more employees in this State, including a political subdivision of the State; a unit of local government; a school district, combination of school districts, or governing body of a joint agreement of any type formed by two or more school districts; a community college district, State college or university, or any State agency whose major function is providing educational services; any authority including a department, division, bureau, board, commission, or other agency of these entities; and any person acting within the scope of his or her authority express or implied on behalf of those entities in dealing with its employees.

"Employee" means any individual who is employed on a full-time, part-time, or contractual basis by an employer. "Employee" also includes, but is not limited to, a licensed physician who practices his or her profession, in whole or in part, at a hospital, nursing home, clinic, or any medical facility that is a health care facility funded, in whole or in part, by the State.

"Retaliation" or "retaliatory action" means an adverse action proximately caused by activity protected under this Act.

(Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.)

(740 ILCS 174/10)

Sec. 10. Certain policies prohibited. An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency if the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. If the employee can articulate a coherent basis, even if mistaken, for contending the conduct identified is illegal, then the disclosure is protected under this Act.

(Source: P.A. 93-544, eff. 1-1-04.)

(740 ILCS 174/15)

Sec. 15. Retaliation for certain disclosures prohibited.

(a) An employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a municipal, county, State or federal law, rule, or regulation.

(b) An employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, whether that agency is the employer or a third party, where the employee has reasonable cause to believe that the information discloses a past, current, or future violation of a municipal, county, State, or federal law, rule, or regulation by the employer or a third party, including any individual.

(Source: P.A. 95-128, eff. 1-1-08.)

(740 ILCS 174/20)

Sec. 20. Retaliation for certain refusals prohibited. An employer may not retaliate against an employee for refusing to participate in any past, current, or future an activity that would result in a violation of a municipal, county, State, or federal law, rule, or regulation, including, but not limited to, violations of the Freedom of Information Act, by the employer or a third party, including any individual. Invitations to participate in illegal activity do not need to be explicit.

(Source: P.A. 96-555, eff. 8-18-09.)".