Bill Status of HB3486  93rd General Assembly

Short Description:  DOMESTIC VIOLENCE-EMPLOY LEAVE

House Sponsors
Rep. Patricia Bailey - Susana Mendoza - Eddie Washington - Kenneth Dunkin - Karen A. Yarbrough, Rich Brauer, James H. Meyer, Ed Sullivan, Jr., Ronald A. Wait, Art Tenhouse, Shane Cultra, William Davis, Robin Kelly, Robert Rita, Julie Hamos, Sara Feigenholtz, Monique D. Davis, George Scully, Jr., Constance A. Howard, Mary E. Flowers, Charles E. Jefferson, Harry Osterman, Linda Chapa LaVia, Maria Antonia Berrios, Brandon W. Phelps, Gary Forby, Naomi D. Jakobsson, David E. Miller, Robert F. Flider, Suzanne Bassi, Cynthia Soto, Edward J. Acevedo and Larry McKeon

Senate Sponsors
(Sen. Barack Obama - Iris Y. Martinez - Carol Ronen - Jacqueline Y. Collins, Antonio Munoz, Mattie Hunter and Don Harmon)

Last Action
DateChamber Action
  8/25/2003HousePublic Act . . . . . . . . . 93-0591

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Victims of Domestic Violence Employment Leave Act. Provides that specified employers may not discharge or discriminate against an employee for taking time off from work to seek relief as a victim of domestic violence. Also prohibits those employers from discharging, discriminating, or retaliating against an employee who is a victim of domestic violence for taking time off from work to seek medical attention or counseling for injuries or psychological trauma caused by domestic violence. Effective immediately.

House Floor Amendment No. 1
Provides that an employer may not discharge or discriminate or retaliate against an employee who is a victim of domestic violence for taking time off from work to obtain or attempt to obtain any judicial relief (rather than any relief). Provides that the employee must give the employer 48 hours' advance notice (rather than reasonable advance notice) of the employee's intention to take time off, unless the advance notice is not feasible, and that an employer may require certification of the need for leave when the employee gives the employer advance notice. Provides that an employee who is discharged, threatened with discharge, demoted, suspended, or discriminated or retaliated against by an employer "solely because" (rather than "because") the employee took time off under the Act may pursue specified remedies.

House Floor Amendment No. 2
Includes, in the definition of "employer", any person that employs at least 50 (rather than 25) employees for each working day during each of 20 or more calendar work weeks in the current or preceding calendar year.

Senate Floor Amendment No. 2
Deletes everything. Creates the Victims' Economic Security and Safety Act. Provides that an employee who is a victim of domestic or sexual violence, or who has a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee, may take leave from work to address domestic or sexual violence by: (A) seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's family or household member; (B) obtaining services from a victim services organization for the employee or the employee's family or household member; (C) obtaining psychological or other counseling for the employee or the employee's family or household member; (D) participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic or sexual violence or ensure economic security; or (E) seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence. Contains provisions regarding criteria for applicability of the Act to employers; procedures for obtaining leave, prohibited acts, enforcement, notices to be posted by employers, effect on other laws, severability, and other matters. Effective immediately.

Senate Floor Amendment No. 3
Changes the definitions of "domestic violence", "employee", "employer", "family or household member", "sexual assault", and "stalking". Changes the statement of purposes of the Act. Provides that leave shall be unpaid. Changes the requirements for certification by an employee to an employer. Provides that an employer may not engage in specified acts against an individual because the individual involved is or is perceived to be a victim of domestic or sexual violence (rather than because the individual involved is or is perceived to be a victim of domestic or sexual violence or has a family or household member who is or is perceived to be a victim of domestic or sexual violence). Provides that an employer who has been ordered by the Director of Labor or the court to pay damages under the Act and who fails to do so within 30 days (rather than 15 days) after the order is entered is liable to pay a penalty.

Senate Floor Amendment No. 4
Removes compensatory damages from the list of affirmative actions that may be taken by the Director upon the finding that a violation of the Act occurred.

Actions 
DateChamber Action
  2/28/2003HouseFiled with the Clerk by Rep. Patricia Bailey
  2/28/2003HouseFirst Reading
  2/28/2003HouseReferred to Rules Committee
  3/5/2003HouseAssigned to Labor Committee
  3/13/2003HouseDo Pass / Short Debate Labor Committee; 010-000-000
  3/13/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/13/2003HouseAdded Chief Co-Sponsor Rep. Eddie Washington
  3/18/2003HouseSecond Reading - Short Debate
  3/18/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/18/2003HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  3/18/2003HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  3/18/2003HouseAdded Co-Sponsor Rep. Rich Brauer
  3/18/2003HouseAdded Co-Sponsor Rep. James H. Meyer
  3/18/2003HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  3/18/2003HouseAdded Co-Sponsor Rep. Ronald A. Wait
  3/18/2003HouseAdded Co-Sponsor Rep. Art Tenhouse
  3/18/2003HouseAdded Co-Sponsor Rep. Shane Cultra
  3/19/2003HouseAdded Co-Sponsor Rep. William Davis
  3/19/2003HouseAdded Co-Sponsor Rep. Robin Kelly
  3/19/2003HouseAdded Co-Sponsor Rep. Robert Rita
  3/19/2003HouseAdded Co-Sponsor Rep. Julie Hamos
  3/19/2003HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/19/2003HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/19/2003HouseAdded Co-Sponsor Rep. George Scully, Jr.
  3/19/2003HouseAdded Co-Sponsor Rep. Constance A. Howard
  3/19/2003HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/20/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Patricia Bailey
  3/20/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/20/2003HouseRecalled to Second Reading - Short Debate
  3/20/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  3/25/2003HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  3/25/2003HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  3/25/2003HouseAdded Co-Sponsor Rep. Harry Osterman
  3/25/2003HouseAdded Chief Co-Sponsor Rep. Susana Mendoza
  3/25/2003HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/25/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  3/26/2003HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/26/2003HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/26/2003HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/26/2003HouseAdded Co-Sponsor Rep. Gary Forby
  3/26/2003HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/27/2003HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Patricia Bailey
  3/27/2003HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/27/2003HouseAdded Co-Sponsor Rep. David E. Miller
  4/2/2003HouseAdded Chief Co-Sponsor Rep. Kenneth Dunkin
  4/2/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2003HouseRecalled to Second Reading - Short Debate
  4/2/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  4/3/2003HouseAdded Co-Sponsor Rep. Robert F. Flider
  4/3/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2003HouseRecalled to Second Reading - Short Debate
  4/3/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  4/4/2003HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/4/2003HouseAdded Co-Sponsor Rep. Suzanne Bassi
  4/4/2003HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/4/2003HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/4/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/4/2003HouseThird Reading - Short Debate - Passed 118-000-000
  4/8/2003SenateArrive in Senate
  4/8/2003SenatePlaced on Calendar Order of First Reading April 9, 2003
  4/8/2003SenateChief Senate Sponsor Sen. Carol Ronen
  4/9/2003SenateAlternate Chief Co-Sponsor Changed to Sen. Iris Y. Martinez
  4/10/2003SenateFirst Reading
  4/10/2003SenateReferred to Rules
  4/11/2003SenateAlternate Chief Sponsor Changed to Sen. Barack Obama
  4/11/2003SenateAlternate Chief Co-Sponsor Changed to Sen. Carol Ronen
  4/16/2003SenateAssigned to Judiciary
  4/29/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Barack Obama
  4/29/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  4/29/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  5/1/2003SenateDo Pass Judiciary; 010-000-000
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/2/2003SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules
  5/8/2003SenateSecond Reading
  5/8/2003SenatePlaced on Calendar Order of 3rd Reading May 9, 2003
  5/8/2003SenateAlternate Chief Co-Sponsor Changed to Sen. Jacqueline Y. Collins
  5/12/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Barack Obama
  5/12/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  5/13/2003SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  5/14/2003SenateSenate Floor Amendment No. 2 Be Approved for Consideration Judiciary; 006-001-003
  5/15/2003SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Barack Obama
  5/15/2003SenateSenate Floor Amendment No. 3 Referred to Rules
  5/15/2003SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Barack Obama
  5/15/2003SenateSenate Floor Amendment No. 4 Referred to Rules
  5/15/2003SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary
  5/15/2003SenateSenate Floor Amendment No. 4 Rules Refers to Judiciary
  5/15/2003SenateSenate Floor Amendment No. 3 Be Approved for Consideration Judiciary; 010-000-000
  5/15/2003SenateSenate Floor Amendment No. 4 Be Approved for Consideration Judiciary; 010-000-000
  5/16/2003SenateThird Reading Deadline Extended - Rule 2-10, to December 31, 2003.
  5/19/2003SenateAdded as Alternate Co-Sponsor Sen. Antonio Munoz
  5/20/2003SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/20/2003SenateRecalled to Second Reading
  5/20/2003SenateSenate Floor Amendment No. 2 Adopted; Obama
  5/20/2003SenateSenate Floor Amendment No. 3 Adopted; Obama
  5/20/2003SenateSenate Floor Amendment No. 4 Adopted; Obama
  5/20/2003SenatePlaced on Calendar Order of 3rd Reading
  5/20/2003SenateThird Reading - Passed; 058-000-000
  5/20/2003SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/20/2003HouseArrived in House
  5/20/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2, 3 and 4
  5/23/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003
  5/27/2003HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Patricia Bailey; Motion #1
  5/27/2003HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Patricia Bailey; Motion #1
  5/27/2003HouseSenate Floor Amendment No. 4 Motion Filed Concur Rep. Patricia Bailey; Motion #1
  5/27/2003HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/27/2003HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/27/2003HouseSenate Floor Amendment No. 4 Motion to Concur Referred to Rules Committee
  5/27/2003HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor Committee
  5/27/2003HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Labor Committee
  5/27/2003HouseSenate Floor Amendment No. 4 Motion to Concur Rules Referred to Labor Committee
  5/27/2003HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  5/28/2003SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  5/28/2003HouseChief Sponsor Changed to Rep. Larry McKeon
  5/28/2003HouseAdded Co-Sponsor Rep. Patricia Bailey
  5/29/2003HouseChief Sponsor Changed to Rep. Patricia Bailey
  5/29/2003HouseAdded Co-Sponsor Rep. Larry McKeon
  5/30/2003HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Labor Committee; 014-000-000
  5/30/2003HouseSenate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Labor Committee; 014-000-000
  5/30/2003HouseSenate Floor Amendment No. 4 Motion to Concur Recommends be Adopted Labor Committee; 014-000-000
  6/1/2003HouseFinal Action Deadline Extended-9(b) June 1, 2003
  6/1/2003House3/5 Vote Required
  6/1/2003HouseSenate Floor Amendment No. 2 House Concurs 116-000-000
  6/1/2003HouseSenate Floor Amendment No. 3 House Concurs 116-000-000
  6/1/2003HouseSenate Floor Amendment No. 4 House Concurs 116-000-000
  6/1/2003HousePassed Both Houses
  6/27/2003HouseSent to the Governor
  8/25/2003HouseGovernor Approved
  8/25/2003HouseEffective Date August 25, 2003
  8/25/2003HousePublic Act . . . . . . . . . 93-0591