SB1755sam001 99TH GENERAL ASSEMBLY

Sen. Daniel Biss

Filed: 3/16/2015

09900SB1755sam001 LRB099 07069 JLS 32597 a

AMENDMENT TO SENATE BILL 1755

AMENDMENT NO. ______. Amend Senate Bill 1755 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Call Center Worker and Consumer Protection Act.

Section 5. Definitions. As used in this Act:

"Agency" means a State department under the Executive Branch.

"Call center" means a business enterprise and the State of Illinois or any of its political subdivisions that employ, for the purpose of customer service or back-office operations:

(1) 50 or more employees, excluding part-time employees; or

(2) 50 or more employees who in the aggregate work at least 1,500 hours per week (exclusive of hours of overtime).

"Department" means the Department of Commerce and Economic Opportunity.

"Part-time employee" means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.

Section 10. Relocation notice requirement.

(a) An employer that intends to relocate a call center or one or more facilities or operating units within a call center comprising at least 30% of the total volume of the call center or operating units when measured against the previous 12-month average call volume of operations or substantially similar operations from Illinois to a location outside of Illinois shall notify the Department at least 120 days before such relocation.

(b) An employer that violates subsection (a) shall be subject to a civil penalty not to exceed $10,000 for each day of such violation, except that the Department may reduce such amount for just cause shown.

Section 15. List of company call centers.

(a) The Department shall compile an annual list of all employers that relocate a call center or one or more facilities or operating units within a call center comprising at least 30% of the call center's total volume of operations from Illinois to a location outside of Illinois.

(b) The Department shall post the list of company call centers on its website on June 30 of every year.

Section 20. Grants or guaranteed loans.

(a) Except as provided in subsection (c) and notwithstanding any other provision of law, an employer that appears on the list required under Section 15 shall be ineligible for any direct or indirect State grants or State guaranteed loans for 5 years after the date such list is published.

(b) Except as provided in subsection (c) and notwithstanding any other provision of law, an employer that appears on the list required under Section 15 shall remit the unamortized value of any grant, guaranteed loans, tax benefits, or any other governmental support it has previously received.

(c) The agency providing a loan or grant may waive the eligibility restriction provided under subsection (a) if the employer applying for such loan or grant demonstrates that a lack of such loan or grant would:

(1) threaten national security;

(2) result in substantial job loss in the State; or

(3) harm the environment.

Section 25. In-state procurement. An agency shall ensure that all State-business-related call center and customer service work be performed by State contractors or their agents or subcontractors entirely within the State. State contractors who currently perform such work outside of the State shall have 2 years following the effective date of this Act to comply with this Section; provided that, if any such grandfathered contractors add customer service employees who will perform work on such contracts, those new employees shall immediately be employed within the State.

Section 30. State benefits for workers. No provision of this Act shall be construed to permit withholding or denial of payments, compensation, or benefits under any other State law (including State unemployment insurance, disability payments, or worker retraining or readjustment funds) to workers employed by employers that relocate to a foreign country.

Section 99. Effective date. This Act takes effect January 1, 2016.".