SB2769 98TH GENERAL ASSEMBLY

LRB098 17669 OMW 52783 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2769

Introduced 1/30/2014, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

5 ILCS 327/5
5 ILCS 327/10
5 ILCS 327/20

Amends the Organ Donor Leave Act. Allows the Director of Central Management Services to set, by administrative rule, the amount of compensated time that an employee may use to donate blood. Acknowledges that technology may advance at a rate that outpaces the General Assembly's ability to address those advances legislatively. Provides that, to the extent that the Act may not expressly apply to those technological advances, the Act should nonetheless be interpreted to further the declared policy of the Act. Defines the terms "blood" and "organ". Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Organ Donor Leave Act is amended by changing Sections 5, 10, and 20 as follows:

(5 ILCS 327/5)

Sec. 5. Purpose. This Act is intended to provide time off with pay for State employees who donate an organ, bone marrow, or blood, or blood platelets.

(Source: P.A. 92-754, eff. 1-1-03.)

(5 ILCS 327/10)

Sec. 10. Definitions. As used in this Act:

"Agency" means any branch, department, board, committee, or commission of State government, but does not include units of local government, school districts, or boards of election commissioners.

"Blood" means both the liquid that circulates in the arteries and veins of a human body and any cells or parts thereof, including, but not limited to, whole blood, plasma, red blood cells, white blood cells, and platelets.

"Department" means the Department of Central Management Services.

"Organ" means any biological tissue of the human body that may be donated by a living donor, including, but not limited to, the kidney, liver, lung, pancreas, intestine, bone, and skin or any subpart thereof.

"Participating employee" means a permanent full-time or part-time employee who has been employed by an agency for a period of 6 months or more and who donates an organ, bone marrow, or blood, or blood platelets.

(Source: P.A. 92-754, eff. 1-1-03.)

(5 ILCS 327/20)

Sec. 20. Administration of Act.

(a) On request, but subject to the operating needs of the employing agency, a participating employee subject to this Act may be entitled to organ donation leave with pay.

(b) An employee may use (i) up to 30 days of organ donation leave in any 12-month period to serve as a bone marrow donor, (ii) up to 30 days of organ donation leave in any 12-month period to serve as an organ donor, and (iii) time, as set forth by Department rule, to donate blood, up to one hour or more to donate blood every 56 days, and (iv) up to 2 hours or more to donate blood platelets in accordance with appropriate medical standards established by the American Red Cross, America's Blood Centers, the American Association of Blood Banks, or other nationally-recognized standards. It is recognized that technology may advance at a rate that outpaces the General Assembly's ability to address those advances legislatively. To the extent that this Act may not expressly apply to those technological advances, this Act should nonetheless be interpreted to further the declared policy of this Act. Leave under item (iv) may not be granted more than 24 times in a 12-month period.

(c) An employee may use organ donation leave or other leave authorized in subsection (b) of this Section only after obtaining approval from the employee's agency.

(d) An employee may not be required to use accumulated sick or vacation leave time before being eligible for organ donor leave.

(e) The Department must adopt rules governing organ donation leave, including rules that (i) establish conditions and procedures for requesting and approving leave and (ii) require medical documentation of the proposed organ or bone marrow donation before leave is approved by the employing agency.

(Source: P.A. 94-33, eff. 1-1-06; 95-354, eff. 1-1-08.)

Section 99. Effective date. This Act takes effect upon becoming law.