Sen. Kyle McCarter

Filed: 4/8/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2698

2    AMENDMENT NO. ______. Amend Senate Bill 2698 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Personnel Record Review Act is amended by
5changing Section 1 as follows:
 
6    (820 ILCS 40/1)  (from Ch. 48, par. 2001)
7    Sec. 1. Definitions. As used in this Act:
8    (a) "Employee" has the meaning ascribed to that term in the
9Fair Labor Standards Act of 1938, 29 U.S.C. 203, and also
10includes means a person currently employed or subject to recall
11after layoff or leave of absence with a right to return at a
12position with an employer or a former employee who has
13terminated service within the preceding year.
14    (b) "Employer" means an individual, corporation,
15partnership, labor organization, unincorporated association,
16the State, an agency or a political subdivision of the State,

 

 

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1or any other legal, business, or commercial entity which has 5
2employees or more than 5 employees exclusive of the employer's
3parent, spouse or child or other members of his immediate
4family and includes an agent of the employer.
5    (c) "Employ" has the meaning ascribed to that term in the
6Fair Labor Standards Act of 1938, 29 U.S.C. 203.
7(Source: P.A. 83-1339.)
 
8    Section 10. The Right to Privacy in the Workplace Act is
9amended by adding Section 3 as follows:
 
10    (820 ILCS 55/3 new)
11    Sec. 3. Definitions. As used in this Act:
12    "Employee" has the meaning ascribed to that term in the
13Fair Labor Standards Act of 1938, 29 U.S.C. 203.
14    "Employ" has the meaning ascribed to that term in the Fair
15Labor Standards Act of 1938, 29 U.S.C. 203.
 
16    Section 15. The Minimum Wage Law is amended by changing
17Section 3 as follows:
 
18    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
19    Sec. 3. As used in this Act:
20    (a) "Director" means the Director of the Department of
21Labor, and "Department" means the Department of Labor.
22    (b) "Wages" means compensation due to an employee by reason

 

 

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1of his employment, including allowances determined by the
2Director in accordance with the provisions of this Act for
3gratuities and, when furnished by the employer, for meals and
4lodging actually used by the employee.
5    (c) "Employer" includes any individual, partnership,
6association, corporation, limited liability company, business
7trust, governmental or quasi-governmental body, or any person
8or group of persons acting directly or indirectly in the
9interest of an employer in relation to an employee, for which
10one or more persons are gainfully employed on some day within a
11calendar year. An employer is subject to this Act in a calendar
12year on and after the first day in such calendar year in which
13he employs one or more persons, and for the following calendar
14year.
15    (c-1) "Employ" has the meaning ascribed to that term in the
16Fair Labor Standards Act of 1938, 29 U.S.C. 203.
17    (d) "Employee" has the meaning ascribed to that term in the
18Fair Labor Standards Act of 1938, 29 U.S.C. 203 includes any
19individual permitted to work by an employer in an occupation,
20but does not include any individual permitted to work:
21        (1) For an employer employing fewer than 4 employees
22    exclusive of the employer's parent, spouse or child or
23    other members of his immediate family.
24        (2) As an employee employed in agriculture or
25    aquaculture (A) if such employee is employed by an employer
26    who did not, during any calendar quarter during the

 

 

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1    preceding calendar year, use more than 500 man-days of
2    agricultural or aquacultural labor, (B) if such employee is
3    the parent, spouse or child, or other member of the
4    employer's immediate family, (C) if such employee (i) is
5    employed as a hand harvest laborer and is paid on a piece
6    rate basis in an operation which has been, and is
7    customarily and generally recognized as having been, paid
8    on a piece rate basis in the region of employment, (ii)
9    commutes daily from his permanent residence to the farm on
10    which he is so employed, and (iii) has been employed in
11    agriculture less than 13 weeks during the preceding
12    calendar year, (D) if such employee (other than an employee
13    described in clause (C) of this subparagraph): (i) is 16
14    years of age or under and is employed as a hand harvest
15    laborer, is paid on a piece rate basis in an operation
16    which has been, and is customarily and generally recognized
17    as having been, paid on a piece rate basis in the region of
18    employment, (ii) is employed on the same farm as his parent
19    or person standing in the place of his parent, and (iii) is
20    paid at the same piece rate as employees over 16 are paid
21    on the same farm.
22        (3) In domestic service in or about a private home.
23        (4) As an outside salesman.
24        (5) As a member of a religious corporation or
25    organization.
26        (6) At an accredited Illinois college or university

 

 

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1    employed by the college or university at which he is a
2    student who is covered under the provisions of the Fair
3    Labor Standards Act of 1938, as heretofore or hereafter
4    amended.
5        (7) For a motor carrier and with respect to whom the
6    U.S. Secretary of Transportation has the power to establish
7    qualifications and maximum hours of service under the
8    provisions of Title 49 U.S.C. or the State of Illinois
9    under Section 18b-105 (Title 92 of the Illinois
10    Administrative Code, Part 395 - Hours of Service of
11    Drivers) of the Illinois Vehicle Code.
12    The above exclusions from the term "employee" may be
13further defined by regulations of the Director.
14    (e) "Occupation" means an industry, trade, business or
15class of work in which employees are gainfully employed.
16    (f) "Gratuities" means voluntary monetary contributions to
17an employee from a guest, patron or customer in connection with
18services rendered.
19    (g) "Outside salesman" means an employee regularly engaged
20in making sales or obtaining orders or contracts for services
21where a major portion of such duties are performed away from
22his employer's place of business.
23    (h) "Day camp" means a seasonal recreation program in
24operation for no more than 16 weeks intermittently throughout
25the calendar year, accommodating for profit or under
26philanthropic or charitable auspices, 5 or more children under

 

 

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118 years of age, not including overnight programs. The term
2"day camp" does not include a "day care agency", "child care
3facility" or "foster family home" as licensed by the Illinois
4Department of Children and Family Services.
5(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
 
6    Section 20. The Equal Pay Act of 2003 is amended by
7changing Section 5 as follows:
 
8    (820 ILCS 112/5)
9    Sec. 5. Definitions. As used in this Act:
10    "Director" means the Director of Labor.
11    "Department" means the Department of Labor.
12    "Employee" has the meaning ascribed to that term in the
13Fair Labor Standards Act of 1938, 29 U.S.C. 203 means any
14individual permitted to work by an employer.
15    "Employ" has the meaning ascribed to that term in the Fair
16Labor Standards Act of 1938, 29 U.S.C. 203.
17    "Employer" means an individual, partnership, corporation,
18association, business, trust, person, or entity for whom
19employees are gainfully employed in Illinois and includes the
20State of Illinois, any state officer, department, or agency,
21any unit of local government, and any school district.
22(Source: P.A. 99-418, eff. 1-1-16.)
 
23    Section 25. The Illinois Wage Payment and Collection Act is

 

 

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1amended by changing Section 2 as follows:
 
2    (820 ILCS 115/2)  (from Ch. 48, par. 39m-2)
3    Sec. 2. For all employees, other than separated employees,
4"wages" shall be defined as any compensation owed an employee
5by an employer pursuant to an employment contract or agreement
6between the 2 parties, whether the amount is determined on a
7time, task, piece, or any other basis of calculation. Payments
8to separated employees shall be termed "final compensation" and
9shall be defined as wages, salaries, earned commissions, earned
10bonuses, and the monetary equivalent of earned vacation and
11earned holidays, and any other compensation owed the employee
12by the employer pursuant to an employment contract or agreement
13between the 2 parties. Where an employer is legally committed
14through a collective bargaining agreement or otherwise to make
15contributions to an employee benefit, trust or fund on the
16basis of a certain amount per hour, day, week or other period
17of time, the amount due from the employer to such employee
18benefit, trust, or fund shall be defined as "wage supplements",
19subject to the wage collection provisions of this Act.
20    As used in this Act, the term "employer" shall include any
21individual, partnership, association, corporation, limited
22liability company, business trust, employment and labor
23placement agencies where wage payments are made directly or
24indirectly by the agency or business for work undertaken by
25employees under hire to a third party pursuant to a contract

 

 

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1between the business or agency with the third party, or any
2person or group of persons acting directly or indirectly in the
3interest of an employer in relation to an employee, for which
4one or more persons is gainfully employed.
5    As used in this Act, the term "employee" has the meaning
6ascribed to that term in the Fair Labor Standards Act of 1938,
729 U.S.C. 203. shall include any individual permitted to work
8by an employer in an occupation, but shall not include any
9individual:
10        (1) who has been and will continue to be free from
11    control and direction over the performance of his work,
12    both under his contract of service with his employer and in
13    fact; and
14        (2) who performs work which is either outside the usual
15    course of business or is performed outside all of the
16    places of business of the employer unless the employer is
17    in the business of contracting with third parties for the
18    placement of employees; and
19        (3) who is in an independently established trade,
20    occupation, profession or business.
21    As used in this Act, the term "employ" has the meaning
22ascribed to that term in the Fair Labor Standards Act of 1938,
2329 U.S.C. 203.
24    The following terms apply to an employer's use of payroll
25cards to pay wages to an employee under the requirements of
26this Act:

 

 

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1    "Payroll card" means a card provided to an employee by an
2employer or other payroll card issuer as a means of accessing
3the employee's payroll card account.
4    "Payroll card account" means an account that is directly or
5indirectly established through an employer and to which
6deposits of a participating employee's wages are made.
7    "Payroll card issuer" means a bank, financial institution,
8or other entity that issues a payroll card to an employee under
9an employer payroll card program.
10(Source: P.A. 98-862, eff. 1-1-15.)
 
11    Section 30. The One Day Rest In Seven Act is amended by
12changing Section 1 as follows:
 
13    (820 ILCS 140/1)  (from Ch. 48, par. 8a)
14    Sec. 1.
15    The words and phrases mentioned in this section, as used in
16this Act, and in proceedings pursuant hereto shall, unless the
17same be inconsistent with the context, be construed as follows:
18    "Employer" shall mean a person, partnership, joint stock
19company or corporation, which employs any person to work, labor
20or exercise skill in connection with the operation of any
21business, industry, vocation or occupation.
22    "Employee" has the meaning ascribed to that term in the
23Fair Labor Standards Act of 1938, 29 U.S.C. 203.
24    "Employ" has the meaning ascribed to that term in the Fair

 

 

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1Labor Standards Act of 1938, 29 U.S.C. 203.
2(Source: P.A. 78-917.)
 
3    Section 35. The School Visitation Rights Act is amended by
4changing Section 10 as follows:
 
5    (820 ILCS 147/10)
6    Sec. 10. Definitions. As used in this Act:
7    (a) "Employee" has the meaning ascribed to that term in the
8Fair Labor Standards Act of 1938, 29 U.S.C. 203, and also
9includes means a person who performs services for hire for an
10employer for:
11        (1) at least 6 consecutive months immediately
12    preceding a request for leave under this Act; and
13        (2) an average number of hours per week equal to at
14    least one-half the full-time equivalent position in the
15    employer's job classification, as defined by the
16    employer's personnel policies or practices or in
17    accordance with a collective bargaining agreement, during
18    those 6 months.
19    "Employee" includes all individuals meeting the above
20criteria but does not include an independent contractor.
21    (a-1) "Employ" has the meaning ascribed to that term in the
22Fair Labor Standards Act of 1938, 29 U.S.C. 203.
23    (b) "Employer" means any of the following: a State agency,
24officer, or department, a unit of local government, a school

 

 

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1district, an individual, a corporation, a partnership, an
2association, or a nonprofit organization.
3    (c) "Child" means a biological, adopted or foster child, a
4stepchild or a legal ward of an employee and who is enrolled in
5a primary or secondary public or private school in this State
6or a state which shares a common boundary with Illinois.
7    (d) "School" means any public or private primary or
8secondary school or educational facility located in this State
9or a state which shares a common boundary with Illinois.
10    (e) "School administrator" means the principal or similar
11administrator who is responsible for the operations of the
12school.
13(Source: P.A. 87-1240.)
 
14    Section 40. The Victims' Economic Security and Safety Act
15is amended by changing Section 10 as follows:
 
16    (820 ILCS 180/10)
17    Sec. 10. Definitions. In this Act, except as otherwise
18expressly provided:
19        (1) "Commerce" includes trade, traffic, commerce,
20    transportation, or communication; and "industry or
21    activity affecting commerce" means any activity, business,
22    or industry in commerce or in which a labor dispute would
23    hinder or obstruct commerce or the free flow of commerce,
24    and includes "commerce" and any "industry affecting

 

 

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1    commerce".
2        (2) "Course of conduct" means a course of repeatedly
3    maintaining a visual or physical proximity to a person or
4    conveying oral or written threats, including threats
5    conveyed through electronic communications, or threats
6    implied by conduct.
7        (3) "Department" means the Department of Labor.
8        (4) "Director" means the Director of Labor.
9        (5) "Domestic or sexual violence" means domestic
10    violence, sexual assault, or stalking.
11        (6) "Domestic violence" means abuse, as defined in
12    Section 103 of the Illinois Domestic Violence Act of 1986,
13    by a family or household member, as defined in Section 103
14    of the Illinois Domestic Violence Act of 1986.
15        (7) "Electronic communications" includes
16    communications via telephone, mobile phone, computer,
17    e-mail, video recorder, fax machine, telex, or pager, or
18    any other electronic communication, as defined in Section
19    12-7.5 of the Criminal Code of 2012.
20        (8) "Employ" has the meaning ascribed to that term in
21    the Fair Labor Standards Act of 1938, 29 U.S.C. 203
22    includes to suffer or permit to work.
23        (9) Employee.
24            (A) In general. "Employee" has the meaning
25        ascribed to that term in the Fair Labor Standards Act
26        of 1938, 29 U.S.C. 203 means any person employed by an

 

 

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1        employer.
2            (B) Basis. "Employee" includes a person employed
3        as described in subparagraph (A) on a full or part-time
4        basis, or as a participant in a work assignment as a
5        condition of receipt of federal or State income-based
6        public assistance.
7        (10) "Employer" means any of the following: (A) the
8    State or any agency of the State; (B) any unit of local
9    government or school district; or (C) any person that
10    employs at least 15 employees.
11        (11) "Employment benefits" means all benefits provided
12    or made available to employees by an employer, including
13    group life insurance, health insurance, disability
14    insurance, sick leave, annual leave, educational benefits,
15    pensions, and profit-sharing, regardless of whether such
16    benefits are provided by a practice or written policy of an
17    employer or through an "employee benefit plan". "Employee
18    benefit plan" or "plan" means an employee welfare benefit
19    plan or an employee pension benefit plan or a plan which is
20    both an employee welfare benefit plan and an employee
21    pension benefit plan.
22        (12) "Family or household member", for employees with a
23    family or household member who is a victim of domestic or
24    sexual violence, means a spouse, parent, son, daughter,
25    other person related by blood or by present or prior
26    marriage, other person who shares a relationship through a

 

 

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1    son or daughter, and persons jointly residing in the same
2    household.
3        (13) "Parent" means the biological parent of an
4    employee or an individual who stood in loco parentis to an
5    employee when the employee was a son or daughter. "Son or
6    daughter" means a biological, adopted, or foster child, a
7    stepchild, a legal ward, or a child of a person standing in
8    loco parentis, who is under 18 years of age, or is 18 years
9    of age or older and incapable of self-care because of a
10    mental or physical disability.
11        (14) "Perpetrator" means an individual who commits or
12    is alleged to have committed any act or threat of domestic
13    or sexual violence.
14        (15) "Person" means an individual, partnership,
15    association, corporation, business trust, legal
16    representative, or any organized group of persons.
17        (16) "Public agency" means the Government of the State
18    or political subdivision thereof; any agency of the State,
19    or of a political subdivision of the State; or any
20    governmental agency.
21        (17) "Public assistance" includes cash, food stamps,
22    medical assistance, housing assistance, and other benefits
23    provided on the basis of income by a public agency or
24    public employer.
25        (18) "Reduced work schedule" means a work schedule that
26    reduces the usual number of hours per workweek, or hours

 

 

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1    per workday, of an employee.
2        (19) "Repeatedly" means on 2 or more occasions.
3        (20) "Sexual assault" means any conduct proscribed by
4    the Criminal Code of 1961 or the Criminal Code of 2012 in
5    Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
6    12-13, 12-14, 12-14.1, 12-15, and 12-16.
7        (21) "Stalking" means any conduct proscribed by the
8    Criminal Code of 1961 or the Criminal Code of 2012 in
9    Sections 12-7.3, 12-7.4, and 12-7.5.
10        (22) "Victim" or "survivor" means an individual who has
11    been subjected to domestic or sexual violence.
12        (23) "Victim services organization" means a nonprofit,
13    nongovernmental organization that provides assistance to
14    victims of domestic or sexual violence or to advocates for
15    such victims, including a rape crisis center, an
16    organization carrying out a domestic violence program, an
17    organization operating a shelter or providing counseling
18    services, or a legal services organization or other
19    organization providing assistance through the legal
20    process.
21(Source: P.A. 96-635, eff. 8-24-09; 96-1551, eff. 7-1-11;
2297-1150, eff. 1-25-13.)
 
23    Section 45. The Employee Classification Act is amended by
24changing Sections 5, 15, 20, and 25 as follows:
 

 

 

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1    (820 ILCS 185/5)
2    Sec. 5. Definitions. As used in this Act:
3    "Construction" means any constructing, altering,
4reconstructing, repairing, rehabilitating, refinishing,
5refurbishing, remodeling, remediating, renovating, custom
6fabricating, maintenance, landscaping, improving, wrecking,
7painting, decorating, demolishing, and adding to or
8subtracting from any building, structure, highway, roadway,
9street, bridge, alley, sewer, ditch, sewage disposal plant,
10water works, parking facility, railroad, excavation or other
11structure, project, development, real property or improvement,
12or to do any part thereof, whether or not the performance of
13the work herein described involves the addition to, or
14fabrication into, any structure, project, development, real
15property or improvement herein described of any material or
16article of merchandise. Construction shall also include moving
17construction related materials on the job site to or from the
18job site.
19    "Contractor" means any individual, sole proprietor,
20partnership, firm, corporation, limited liability company,
21association or other legal entity permitted by law to do
22business within the State of Illinois who engages in
23construction as defined in this Act.
24    "Contractor" includes a general contractor and a
25subcontractor.
26    "Department" means the Department of Labor.

 

 

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1    "Director" means the Director of the Department of Labor.
2    "Employee" has the meaning ascribed to that term in the
3Fair Labor Standards Act of 1938, 29 U.S.C. 203.
4    "Employer" means any contractor that employs individuals
5deemed employees under Section 10 of this Act; however,
6"employer" does not include (i) the State of Illinois or its
7officers, agencies, or political subdivisions or (ii) the
8federal government.
9    "Entity" means any contractor for which an individual is
10performing services and is not classified as an employee under
11Section 10 of this Act; however, "entity" does not include (i)
12the State of Illinois or its officers, agencies, or political
13subdivisions or (ii) the federal government.
14    "Interested party" means a person with an interest in
15compliance with this Act.
16    "Performing services" means the performance of any
17constructing, altering, reconstructing, repairing,
18rehabilitating, refinishing, refurbishing, remodeling,
19remediating, renovating, custom fabricating, maintenance,
20landscaping, improving, wrecking, painting, decorating,
21demolishing, and adding to or subtracting from any building,
22structure, highway, roadway, street, bridge, alley, sewer,
23ditch, sewage disposal plant, water works, parking facility,
24railroad, excavation or other structure, project, development,
25real property or improvement, or to do any part thereof,
26whether or not the performance of the work herein described

 

 

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1involves the addition to, or fabrication into, any structure,
2project, development, real property or improvement herein
3described of any material or article of merchandise.
4Construction shall also include moving construction related
5materials on the job site to or from the job site.
6(Source: P.A. 98-106, eff. 1-1-14.)
 
7    (820 ILCS 185/15)
8    Sec. 15. Notice.
9    (a) The Department shall post a summary of the requirements
10of this Act in English, Spanish, and Polish on its official web
11site and on bulletin boards in each of its offices.
12    (b) An entity for whom one or more individuals perform
13services who are not classified as employees under Section 10
14of this Act shall post and keep posted, in a conspicuous place
15on each job site where those individuals perform services and
16in each of its offices, a notice in English, Spanish, and
17Polish, prepared by the Department, summarizing the
18requirements of this Act. The Department shall furnish copies
19of summaries without charge to entities upon request.
20(Source: P.A. 95-26, eff. 1-1-08.)
 
21    (820 ILCS 185/20)
22    Sec. 20. Failure to properly designate or classify
23individuals performing services as employees. It is a violation
24of this Act for an employer or entity not to designate an

 

 

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1individual as an employee under Section 10 of this Act unless
2the employer or entity satisfies the provisions of Section 10
3of this Act.
4(Source: P.A. 95-26, eff. 1-1-08.)
 
5    (820 ILCS 185/25)
6    Sec. 25. Enforcement.
7    (a) Any interested party may file a complaint with the
8Department against an entity or employer covered under this Act
9if there is a reasonable belief that the entity or employer is
10in violation of this Act. It shall be the duty of the
11Department to enforce the provisions of this Act. The
12Department shall have the power to conduct investigations in
13connection with the administration and enforcement of this Act
14and any investigator with the Department shall be authorized to
15visit and inspect, at all reasonable times, any places covered
16by this Act and shall be authorized to inspect, at all
17reasonable times, documents related to the determination of
18whether an individual is an employee under Section 10 of this
19Act. The Director of Labor or his or her representative may
20compel, by subpoena, the attendance and testimony of witnesses
21and the production of books, payrolls, records, papers, and
22other evidence in any investigation and may administer oaths to
23witnesses. Within 120 days of the filing of a complaint, the
24Department shall notify the employer in writing of the filing
25of a complaint and provide the employer the location and

 

 

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1approximate date of the project or projects, affected
2contractors, and the nature of the allegations being
3investigated.
4    (b) Whenever the Department believes upon investigation
5that there has been a violation of any of the provisions of
6this Act or any rules or regulations promulgated under this
7Act, the Department may: (i) issue and cause to be served on
8any party an order to cease and desist from further violation
9of the Act, (ii) take affirmative or other action as deemed
10reasonable to eliminate the effect of the violation, (iii)
11collect the amount of any wages, salary, employment benefits,
12or other compensation denied or lost to the individual, and
13(iv) assess any civil penalty allowed by this Act.
14    (c) If, upon investigation, the Department finds cause to
15believe that Section 20 or Section 55 of this Act has been
16violated, the Department shall notify the employer, in writing,
17of its finding and any proposed relief due and penalties
18assessed and that the matter will be referred to an
19Administrative Law Judge to schedule a formal hearing in
20accordance with the Illinois Administrative Procedure Act.
21    (d) The employer has 28 calendar days from the date of the
22Department's findings to answer the allegations contained in
23the Department's findings. If an employer fails to answer all
24allegations contained in the Department's findings, any
25unanswered allegations or findings shall be deemed admitted to
26be true and shall be found true in the final decision issued by

 

 

09900SB2698sam001- 21 -LRB099 16939 JLS 47132 a

1the Administrative Law Judge. If, within 30 calendar days of
2the final decision issued by the Administrative Law Judge, the
3employer files a motion to vacate the Administrative Law
4Judge's final decision and demonstrates good cause for failing
5to answer the Department's allegations, and the Administrative
6Law Judge grants the motion, the employer shall be afforded an
7opportunity to answer and the matter shall proceed as if an
8original answer to the Department's findings had been filed.
9    (e) A final decision of an Administrative Law Judge issued
10pursuant to this Section is subject to the provisions of the
11Administrative Review Law and shall be enforceable in an action
12brought in the name of the people of the State of Illinois by
13the Attorney General.
14(Source: P.A. 98-106, eff. 1-1-14.)
 
15    (820 ILCS 185/10 rep.)
16    Section 50. The Employee Classification Act is amended by
17repealing Section 10.
 
18    Section 55. The Workers' Compensation Act is amended by
19changing Section 1 as follows:
 
20    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
21    Sec. 1. This Act may be cited as the Workers' Compensation
22Act.
23    (a) The term "employer" as used in this Act means:

 

 

09900SB2698sam001- 22 -LRB099 16939 JLS 47132 a

1    1. The State and each county, city, town, township,
2incorporated village, school district, body politic, or
3municipal corporation therein.
4    2. Every person, firm, public or private corporation,
5including hospitals, public service, eleemosynary, religious
6or charitable corporations or associations who has any person
7in service or under any contract for hire, express or implied,
8oral or written, and who is engaged in any of the enterprises
9or businesses enumerated in Section 3 of this Act, or who at or
10prior to the time of the accident to the employee for which
11compensation under this Act may be claimed, has in the manner
12provided in this Act elected to become subject to the
13provisions of this Act, and who has not, prior to such
14accident, effected a withdrawal of such election in the manner
15provided in this Act.
16    3. Any one engaging in any business or enterprise referred
17to in subsections 1 and 2 of Section 3 of this Act who
18undertakes to do any work enumerated therein, is liable to pay
19compensation to his own immediate employees in accordance with
20the provisions of this Act, and in addition thereto if he
21directly or indirectly engages any contractor whether
22principal or sub-contractor to do any such work, he is liable
23to pay compensation to the employees of any such contractor or
24sub-contractor unless such contractor or sub-contractor has
25insured, in any company or association authorized under the
26laws of this State to insure the liability to pay compensation

 

 

09900SB2698sam001- 23 -LRB099 16939 JLS 47132 a

1under this Act, or guaranteed his liability to pay such
2compensation. With respect to any time limitation on the filing
3of claims provided by this Act, the timely filing of a claim
4against a contractor or subcontractor, as the case may be,
5shall be deemed to be a timely filing with respect to all
6persons upon whom liability is imposed by this paragraph.
7    In the event any such person pays compensation under this
8subsection he may recover the amount thereof from the
9contractor or sub-contractor, if any, and in the event the
10contractor pays compensation under this subsection he may
11recover the amount thereof from the sub-contractor, if any.
12    This subsection does not apply in any case where the
13accident occurs elsewhere than on, in or about the immediate
14premises on which the principal has contracted that the work be
15done.
16    4. Where an employer operating under and subject to the
17provisions of this Act loans an employee to another such
18employer and such loaned employee sustains a compensable
19accidental injury in the employment of such borrowing employer
20and where such borrowing employer does not provide or pay the
21benefits or payments due such injured employee, such loaning
22employer is liable to provide or pay all benefits or payments
23due such employee under this Act and as to such employee the
24liability of such loaning and borrowing employers is joint and
25several, provided that such loaning employer is in the absence
26of agreement to the contrary entitled to receive from such

 

 

09900SB2698sam001- 24 -LRB099 16939 JLS 47132 a

1borrowing employer full reimbursement for all sums paid or
2incurred pursuant to this paragraph together with reasonable
3attorneys' fees and expenses in any hearings before the
4Illinois Workers' Compensation Commission or in any action to
5secure such reimbursement. Where any benefit is provided or
6paid by such loaning employer the employee has the duty of
7rendering reasonable cooperation in any hearings, trials or
8proceedings in the case, including such proceedings for
9reimbursement.
10    Where an employee files an Application for Adjustment of
11Claim with the Illinois Workers' Compensation Commission
12alleging that his claim is covered by the provisions of the
13preceding paragraph, and joining both the alleged loaning and
14borrowing employers, they and each of them, upon written demand
15by the employee and within 7 days after receipt of such demand,
16shall have the duty of filing with the Illinois Workers'
17Compensation Commission a written admission or denial of the
18allegation that the claim is covered by the provisions of the
19preceding paragraph and in default of such filing or if any
20such denial be ultimately determined not to have been bona fide
21then the provisions of Paragraph K of Section 19 of this Act
22shall apply.
23    An employer whose business or enterprise or a substantial
24part thereof consists of hiring, procuring or furnishing
25employees to or for other employers operating under and subject
26to the provisions of this Act for the performance of the work

 

 

09900SB2698sam001- 25 -LRB099 16939 JLS 47132 a

1of such other employers and who pays such employees their
2salary or wages notwithstanding that they are doing the work of
3such other employers shall be deemed a loaning employer within
4the meaning and provisions of this Section.
5    (a-1) The term "employ" as used in this Act has the meaning
6ascribed to that term in the Fair Labor Standards Act of 1938,
729 U.S.C. 203.
8    (b) The term "employee" as used in this Act has the meaning
9ascribed to that term in the Fair Labor Standards Act of 1938,
1029 U.S.C. 203, and also includes means:
11    1. Every person in the service of the State, including
12members of the General Assembly, members of the Commerce
13Commission, members of the Illinois Workers' Compensation
14Commission, and all persons in the service of the University of
15Illinois, county, including deputy sheriffs and assistant
16state's attorneys, city, town, township, incorporated village
17or school district, body politic, or municipal corporation
18therein, whether by election, under appointment or contract of
19hire, express or implied, oral or written, including all
20members of the Illinois National Guard while on active duty in
21the service of the State, and all probation personnel of the
22Juvenile Court appointed pursuant to Article VI of the Juvenile
23Court Act of 1987, and including any official of the State, any
24county, city, town, township, incorporated village, school
25district, body politic or municipal corporation therein except
26any duly appointed member of a police department in any city

 

 

09900SB2698sam001- 26 -LRB099 16939 JLS 47132 a

1whose population exceeds 500,000 according to the last Federal
2or State census, and except any member of a fire insurance
3patrol maintained by a board of underwriters in this State. A
4duly appointed member of a fire department in any city, the
5population of which exceeds 500,000 according to the last
6federal or State census, is an employee under this Act only
7with respect to claims brought under paragraph (c) of Section
88.
9    One employed by a contractor who has contracted with the
10State, or a county, city, town, township, incorporated village,
11school district, body politic or municipal corporation
12therein, through its representatives, is not considered as an
13employee of the State, county, city, town, township,
14incorporated village, school district, body politic or
15municipal corporation which made the contract.
16    2. Every person in the service of another under any
17contract of hire, express or implied, oral or written,
18including persons whose employment is outside of the State of
19Illinois where the contract of hire is made within the State of
20Illinois, persons whose employment results in fatal or
21non-fatal injuries within the State of Illinois where the
22contract of hire is made outside of the State of Illinois, and
23persons whose employment is principally localized within the
24State of Illinois, regardless of the place of the accident or
25the place where the contract of hire was made, and including
26aliens, and minors who, for the purpose of this Act are

 

 

09900SB2698sam001- 27 -LRB099 16939 JLS 47132 a

1considered the same and have the same power to contract,
2receive payments and give quittances therefor, as adult
3employees.
4    3. Every sole proprietor and every partner of a business
5may elect to be covered by this Act.
6    An employee or his dependents under this Act who shall have
7a cause of action by reason of any injury, disablement or death
8arising out of and in the course of his employment may elect to
9pursue his remedy in the State where injured or disabled, or in
10the State where the contract of hire is made, or in the State
11where the employment is principally localized.
12    However, any employer may elect to provide and pay
13compensation to any employee other than those engaged in the
14usual course of the trade, business, profession or occupation
15of the employer by complying with Sections 2 and 4 of this Act.
16Employees are not included within the provisions of this Act
17when excluded by the laws of the United States relating to
18liability of employers to their employees for personal injuries
19where such laws are held to be exclusive.
20    The term "employee" does not include persons performing
21services as real estate broker, broker-salesman, or salesman
22when such persons are paid by commission only.
23    (c) "Commission" means the Industrial Commission created
24by Section 5 of "The Civil Administrative Code of Illinois",
25approved March 7, 1917, as amended, or the Illinois Workers'
26Compensation Commission created by Section 13 of this Act.

 

 

09900SB2698sam001- 28 -LRB099 16939 JLS 47132 a

1    (d) To obtain compensation under this Act, an employee
2bears the burden of showing, by a preponderance of the
3evidence, that he or she has sustained accidental injuries
4arising out of and in the course of the employment.
5(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
6eff. 7-13-12.)
 
7    Section 60. The Workers' Occupational Diseases Act is
8amended by changing Section 1 as follows:
 
9    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
10    Sec. 1. This Act shall be known and may be cited as the
11"Workers' Occupational Diseases Act".
12    (a) The term "employer" as used in this Act shall be
13construed to be:
14        1. The State and each county, city, town, township,
15    incorporated village, school district, body politic, or
16    municipal corporation therein.
17        2. Every person, firm, public or private corporation,
18    including hospitals, public service, eleemosynary,
19    religious or charitable corporations or associations, who
20    has any person in service or under any contract for hire,
21    express or implied, oral or written.
22        3. Where an employer operating under and subject to the
23    provisions of this Act loans an employee to another such
24    employer and such loaned employee sustains a compensable

 

 

09900SB2698sam001- 29 -LRB099 16939 JLS 47132 a

1    occupational disease in the employment of such borrowing
2    employer and where such borrowing employer does not provide
3    or pay the benefits or payments due such employee, such
4    loaning employer shall be liable to provide or pay all
5    benefits or payments due such employee under this Act and
6    as to such employee the liability of such loaning and
7    borrowing employers shall be joint and several, provided
8    that such loaning employer shall in the absence of
9    agreement to the contrary be entitled to receive from such
10    borrowing employer full reimbursement for all sums paid or
11    incurred pursuant to this paragraph together with
12    reasonable attorneys' fees and expenses in any hearings
13    before the Illinois Workers' Compensation Commission or in
14    any action to secure such reimbursement. Where any benefit
15    is provided or paid by such loaning employer, the employee
16    shall have the duty of rendering reasonable co-operation in
17    any hearings, trials or proceedings in the case, including
18    such proceedings for reimbursement.
19        Where an employee files an Application for Adjustment
20    of Claim with the Illinois Workers' Compensation
21    Commission alleging that his or her claim is covered by the
22    provisions of the preceding paragraph, and joining both the
23    alleged loaning and borrowing employers, they and each of
24    them, upon written demand by the employee and within 7 days
25    after receipt of such demand, shall have the duty of filing
26    with the Illinois Workers' Compensation Commission a

 

 

09900SB2698sam001- 30 -LRB099 16939 JLS 47132 a

1    written admission or denial of the allegation that the
2    claim is covered by the provisions of the preceding
3    paragraph and in default of such filing or if any such
4    denial be ultimately determined not to have been bona fide
5    then the provisions of Paragraph K of Section 19 of this
6    Act shall apply.
7        An employer whose business or enterprise or a
8    substantial part thereof consists of hiring, procuring or
9    furnishing employees to or for other employers operating
10    under and subject to the provisions of this Act for the
11    performance of the work of such other employers and who
12    pays such employees their salary or wage notwithstanding
13    that they are doing the work of such other employers shall
14    be deemed a loaning employer within the meaning and
15    provisions of this Section.
16    (a-1) The term "employ" as used in this Act has the meaning
17ascribed to that term in the Fair Labor Standards Act of 1938,
1829 U.S.C. 203.
19    (b) The term "employee" as used in this Act has the meaning
20ascribed to that term in the Fair Labor Standards Act of 1938,
2129 U.S.C. 203, and also includes , shall be construed to mean:
22        1. Every person in the service of the State, county,
23    city, town, township, incorporated village or school
24    district, body politic or municipal corporation therein,
25    whether by election, appointment or contract of hire,
26    express or implied, oral or written, including any official

 

 

09900SB2698sam001- 31 -LRB099 16939 JLS 47132 a

1    of the State, or of any county, city, town, township,
2    incorporated village, school district, body politic or
3    municipal corporation therein and except any duly
4    appointed member of the fire department in any city whose
5    population exceeds 500,000 according to the last Federal or
6    State census, and except any member of a fire insurance
7    patrol maintained by a board of underwriters in this State.
8    One employed by a contractor who has contracted with the
9    State, or a county, city, town, township, incorporated
10    village, school district, body politic or municipal
11    corporation therein, through its representatives, shall
12    not be considered as an employee of the State, county,
13    city, town, township, incorporated village, school
14    district, body politic or municipal corporation which made
15    the contract.
16        2. Every person in the service of another under any
17    contract of hire, express or implied, oral or written, who
18    contracts an occupational disease while working in the
19    State of Illinois, or who contracts an occupational disease
20    while working outside of the State of Illinois but where
21    the contract of hire is made within the State of Illinois,
22    and any person whose employment is principally localized
23    within the State of Illinois, regardless of the place where
24    the disease was contracted or place where the contract of
25    hire was made, including aliens, and minors who, for the
26    purpose of this Act, except Section 3 hereof, shall be

 

 

09900SB2698sam001- 32 -LRB099 16939 JLS 47132 a

1    considered the same and have the same power to contract,
2    receive payments and give quittances therefor, as adult
3    employees. An employee or his or her dependents under this
4    Act who shall have a cause of action by reason of an
5    occupational disease, disablement or death arising out of
6    and in the course of his or her employment may elect or
7    pursue his or her remedy in the State where the disease was
8    contracted, or in the State where the contract of hire is
9    made, or in the State where the employment is principally
10    localized.
11    (c) "Commission" means the Illinois Workers' Compensation
12Commission created by the Workers' Compensation Act, approved
13July 9, 1951, as amended.
14    (d) In this Act the term "Occupational Disease" means a
15disease arising out of and in the course of the employment or
16which has become aggravated and rendered disabling as a result
17of the exposure of the employment. Such aggravation shall arise
18out of a risk peculiar to or increased by the employment and
19not common to the general public.
20    A disease shall be deemed to arise out of the employment if
21there is apparent to the rational mind, upon consideration of
22all the circumstances, a causal connection between the
23conditions under which the work is performed and the
24occupational disease. The disease need not to have been
25foreseen or expected but after its contraction it must appear
26to have had its origin or aggravation in a risk connected with

 

 

09900SB2698sam001- 33 -LRB099 16939 JLS 47132 a

1the employment and to have flowed from that source as a
2rational consequence.
3    An employee shall be conclusively deemed to have been
4exposed to the hazards of an occupational disease when, for any
5length of time however short, he or she is employed in an
6occupation or process in which the hazard of the disease
7exists; provided however, that in a claim of exposure to atomic
8radiation, the fact of such exposure must be verified by the
9records of the central registry of radiation exposure
10maintained by the Department of Public Health or by some other
11recognized governmental agency maintaining records of such
12exposures whenever and to the extent that the records are on
13file with the Department of Public Health or the agency.
14    Any injury to or disease or death of an employee arising
15from the administration of a vaccine, including without
16limitation smallpox vaccine, to prepare for, or as a response
17to, a threatened or potential bioterrorist incident to the
18employee as part of a voluntary inoculation program in
19connection with the person's employment or in connection with
20any governmental program or recommendation for the inoculation
21of workers in the employee's occupation, geographical area, or
22other category that includes the employee is deemed to arise
23out of and in the course of the employment for all purposes
24under this Act. This paragraph added by Public Act 93-829 is
25declarative of existing law and is not a new enactment.
26    The employer liable for the compensation in this Act

 

 

09900SB2698sam001- 34 -LRB099 16939 JLS 47132 a

1provided shall be the employer in whose employment the employee
2was last exposed to the hazard of the occupational disease
3claimed upon regardless of the length of time of such last
4exposure, except, in cases of silicosis or asbestosis, the only
5employer liable shall be the last employer in whose employment
6the employee was last exposed during a period of 60 days or
7more after the effective date of this Act, to the hazard of
8such occupational disease, and, in such cases, an exposure
9during a period of less than 60 days, after the effective date
10of this Act, shall not be deemed a last exposure. If a miner
11who is suffering or suffered from pneumoconiosis was employed
12for 10 years or more in one or more coal mines there shall,
13effective July 1, 1973 be a rebuttable presumption that his or
14her pneumoconiosis arose out of such employment.
15    If a deceased miner was employed for 10 years or more in
16one or more coal mines and died from a respirable disease there
17shall, effective July 1, 1973, be a rebuttable presumption that
18his or her death was due to pneumoconiosis.
19    Any condition or impairment of health of an employee
20employed as a firefighter, emergency medical technician (EMT),
21emergency medical technician-intermediate (EMT-I), advanced
22emergency medical technician (A-EMT), or paramedic which
23results directly or indirectly from any bloodborne pathogen,
24lung or respiratory disease or condition, heart or vascular
25disease or condition, hypertension, tuberculosis, or cancer
26resulting in any disability (temporary, permanent, total, or

 

 

09900SB2698sam001- 35 -LRB099 16939 JLS 47132 a

1partial) to the employee shall be rebuttably presumed to arise
2out of and in the course of the employee's firefighting, EMT,
3EMT-I, A-EMT, or paramedic employment and, further, shall be
4rebuttably presumed to be causally connected to the hazards or
5exposures of the employment. This presumption shall also apply
6to any hernia or hearing loss suffered by an employee employed
7as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
8this presumption shall not apply to any employee who has been
9employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
10less than 5 years at the time he or she files an Application
11for Adjustment of Claim concerning this condition or impairment
12with the Illinois Workers' Compensation Commission. The
13rebuttable presumption established under this subsection,
14however, does not apply to an emergency medical technician
15(EMT), emergency medical technician-intermediate (EMT-I),
16advanced emergency medical technician (A-EMT), or paramedic
17employed by a private employer if the employee spends the
18preponderance of his or her work time for that employer engaged
19in medical transfers between medical care facilities or
20non-emergency medical transfers to or from medical care
21facilities. The changes made to this subsection by this
22amendatory Act of the 98th General Assembly shall be narrowly
23construed. The Finding and Decision of the Illinois Workers'
24Compensation Commission under only the rebuttable presumption
25provision of this paragraph shall not be admissible or be
26deemed res judicata in any disability claim under the Illinois

 

 

09900SB2698sam001- 36 -LRB099 16939 JLS 47132 a

1Pension Code arising out of the same medical condition;
2however, this sentence makes no change to the law set forth in
3Krohe v. City of Bloomington, 204 Ill.2d 392.
4    The insurance carrier liable shall be the carrier whose
5policy was in effect covering the employer liable on the last
6day of the exposure rendering such employer liable in
7accordance with the provisions of this Act.
8    (e) "Disablement" means an impairment or partial
9impairment, temporary or permanent, in the function of the body
10or any of the members of the body, or the event of becoming
11disabled from earning full wages at the work in which the
12employee was engaged when last exposed to the hazards of the
13occupational disease by the employer from whom he or she claims
14compensation, or equal wages in other suitable employment; and
15"disability" means the state of being so incapacitated.
16    (f) No compensation shall be payable for or on account of
17any occupational disease unless disablement, as herein
18defined, occurs within two years after the last day of the last
19exposure to the hazards of the disease, except in cases of
20occupational disease caused by berylliosis or by the inhalation
21of silica dust or asbestos dust and, in such cases, within 3
22years after the last day of the last exposure to the hazards of
23such disease and except in the case of occupational disease
24caused by exposure to radiological materials or equipment, and
25in such case, within 25 years after the last day of last
26exposure to the hazards of such disease.

 

 

09900SB2698sam001- 37 -LRB099 16939 JLS 47132 a

1(Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)
 
2    Section 65. The Unemployment Insurance Act is amended by
3changing Sections 211.4 and 212 as follows:
 
4    (820 ILCS 405/211.4)  (from Ch. 48, par. 321.4)
5    Sec. 211.4. A. Notwithstanding any other provision of this
6Act, the term "employment" shall include service performed
7after December 31, 1977, by an individual in agricultural labor
8as defined in Section 214 when:
9        1. Such service is performed for an employing unit
10    which (a) paid cash wages of $20,000 or more during any
11    calendar quarter in either the current or preceding
12    calendar year to an individual or individuals employed in
13    agricultural labor (not taking into account service in
14    agricultural labor performed before January 1, 1980, by an
15    alien referred to in paragraph 2); or (b) employed in
16    agricultural labor (not taking into account service in
17    agricultural labor performed before January 1, 1980, by an
18    alien referred to in paragraph 2) 10 or more individuals
19    within each of 20 or more calendar weeks (but not
20    necessarily simultaneously and irrespective of whether the
21    same individuals are or were employed in each such week),
22    whether or not such weeks are or were consecutive, within
23    either the current or preceding calendar year.
24        2. Such service is not performed in agricultural labor

 

 

09900SB2698sam001- 38 -LRB099 16939 JLS 47132 a

1    if performed before January 1, 1980 or on or after the
2    effective date of this amendatory Act of the 96th General
3    Assembly, by an individual who is an alien admitted to the
4    United States to perform service in agricultural labor
5    pursuant to Sections 214(c) and 101(a)(15)(H) of the
6    Immigration and Nationality Act.
7    B. For the purposes of this Section, any individual who is
8a member of a crew furnished by a crew leader to perform
9service in agricultural labor for any other employing unit
10shall be treated as performing service in the employ of such
11crew leader if (1) the leader holds a valid certificate of
12registration under the Farm Labor Contractor Registration Act
13of 1963, or substantially all the members of such crew operate
14or maintain tractors, mechanized harvesting or crop dusting
15equipment, or any other mechanized equipment, which is provided
16by the crew leader; and (2) the service of such individual is
17not in employment for such other employing unit within the
18meaning of subsections A and C of Section 212, and of Section
19213.
20    C. For the purposes of this Section, any individual who is
21furnished by a crew leader to perform service in agricultural
22labor for any other employing unit, and who is not treated as
23performing service in the employ of such crew leader under
24subsection B, shall be treated as performing service in the
25employ of such other employing unit, and such employing unit
26shall be treated as having paid cash wages to such individual

 

 

09900SB2698sam001- 39 -LRB099 16939 JLS 47132 a

1in an amount equal to the amount of cash wages paid to the
2individual by the crew leader (either on his own behalf or on
3behalf of such other employing unit) for the service in
4agricultural labor performed for such other employing unit.
5    D. For the purposes of this Section, the term "crew leader"
6means an individual who (1) furnishes individuals to perform
7service in agricultural labor for any other employing unit; (2)
8pays (either on his own behalf or on behalf of such other
9employing unit) the individuals so furnished by him for the
10service in agricultural labor performed by them; and (3) has
11not entered into a written agreement with such other employing
12unit under which an individual so furnished by him is
13designated as performing services in the employ of such other
14employing unit.
15(Source: P.A. 96-1208, eff. 1-1-11.)
 
16    (820 ILCS 405/212)  (from Ch. 48, par. 322)
17    Sec. 212. The term "employment" does not include services
18performed by an individual who has been proven in any
19proceeding where such issue is involved that his or her
20compensation is not subject to federal wage withholding. This
21Section shall become operative on January 1 following any year
22in which the Bond Obligation under the Illinois Unemployment
23Insurance Trust Fund Financing Act has been reduced to zero.
24Any Credit Agreement or Revenue Bond issued or refinanced under
25the Illinois Unemployment Insurance Trust Fund Financing Act

 

 

09900SB2698sam001- 40 -LRB099 16939 JLS 47132 a

1after the effective date of this amendatory Act of the 99th
2General Assembly shall be negotiated as if this Section is
3currently in effect.
4Service performed by an individual for an employing unit,
5whether or not such individual employs others in connection
6with the performance of such services, shall be deemed to be
7employment unless and until it is proven in any proceeding
8where such issue is involved that--
9    A. Such individual has been and will continue to be free
10from control or direction over the performance of such
11services, both under his contract of service and in fact; and
12    B. Such service is either outside the usual course of the
13business for which such service is performed or that such
14service is performed outside of all the places of business of
15the enterprise for which such service is performed; and
16    C. Such individual is engaged in an independently
17established trade, occupation, profession, or business.
18(Source: Laws 1951, p. 32.)".