SB1976 104TH GENERAL ASSEMBLY

LRB104 07813 SPS 17859 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1976

Introduced 2/6/2025, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Workers' Rights and Worker Safety Act. Provides that, except as authorized by State law enacted after January 19, 2025, a State agency may not amend or revise its rules relating to the protection of workers' rights or worker safety in a manner less stringent than specified federal laws. Provides that a State agency may establish workers' rights and worker safety standards that are more stringent than those provided in federal law as the federal law existed on January 19, 2025. Provides that, to the extent a federal law existing on January 19, 2025 is more stringent than a State agency's corresponding standards or rules in its protection of workers' rights or worker safety, or to the extent that there are no State agency standards or rules in place corresponding with a federal law, a State agency shall, as a minimum standard, continue to observe and enforce those workers' rights and worker safety standards provided in federal law as the federal law existed on January 19, 2025. Provides for reporting requirements. Repeals the Act on January 20, 2029.

A BILL FOR

AN ACT concerning employment.

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

Section 5. Short title. This Act may be cited as the Illinois Workers' Rights and Worker Safety Act.

Section 10. Definitions. As used in this Act:

"Federal law" means the federal Fair Labor Standards Act, the federal Occupational Safety and Health Act, the Federal Coal Mine Health and Safety Act, and federal regulations issued under these federal statutes as these federal statutes existed on January 19, 2025.

"State agency" means a State agency designated by law to implement the federal law or its State analog.

Section 15. Operative provisions. Except as authorized by State law enacted after January 19, 2025, a State agency may not amend or revise the State agency's rules in a manner that is less stringent in its protection of workers' rights or worker safety than standards established under federal law as the federal law existed on January 19, 2025.

Except as otherwise provided in State law, a State agency may establish workers' rights and worker safety standards for this State that are more stringent than those provided in federal law as the federal law existed on January 19, 2025.

To the extent a federal law existing on January 19, 2025 is more stringent than a State agency's corresponding standards or rules in its protection of workers' rights or worker safety, or to the extent there are no State agency standards or rules in place corresponding with a federal law, a State agency shall, as a minimum standard, continue to observe and enforce those workers' rights and worker safety standards provided in federal law as the federal law existed on January 19, 2025.

Section 20. Implementation; reporting. Each State agency shall undertake all feasible efforts using the State agency's authority under State and federal law to implement and enforce this Act. Each State agency that takes steps to enforce this Act shall submit a report to the General Assembly at least once each year describing the State agency's compliance with this Act. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

Section 90. Repeal. This Act is repealed on January 20, 2029.

Section 97. Severability. The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.