Full Text of HB4081 100th General Assembly
HB4081 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4081 Introduced , by Rep. Michael Halpin SYNOPSIS AS INTRODUCED: |
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Creates the Call Center Worker and Consumer Protection Act. Provides that an employer that intends to relocate a call center or portions of a call center from Illinois to another state or a foreign country must provide notice to the State Treasurer at least 120 days before the relocation. Authorizes a civil penalty not to exceed $10,000 for violations. Requires the Treasurer to compile and post on the Treasurer's website a list of employers that have relocated call centers. Requires an employer that relocates a call center from Illinois to another state or a foreign country to repay grants, loans, and tax benefits that may have been received. Effective January 1, 2018.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Call | 5 | | Center Worker and Consumer Protection Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Call center" means a business enterprise and the State of | 8 | | Illinois or any of its political subdivisions that employ, for | 9 | | the purpose of customer service or back-office operations: | 10 | | (1) 50 or more employees, excluding part-time | 11 | | employees; or | 12 | | (2) 50 or more employees who in the aggregate work at | 13 | | least 1,500 hours per week (exclusive of hours of | 14 | | overtime). | 15 | | "Department" means a State department under the Executive | 16 | | Branch. | 17 | | "Part-time employee" means an employee who is employed for | 18 | | an average of fewer than 20 hours per week or who has been | 19 | | employed for fewer than 6 of the 12 months preceding the date | 20 | | on which notice is required.
| 21 | | "Treasurer" means the Office of the State Treasurer.
| 22 | | Section 10. Relocation notice requirement.
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| 1 | | (a) An employer that intends to relocate a call center or | 2 | | one or more facilities or operating units within a call center | 3 | | comprising at least 30% of the total volume of the call center | 4 | | or operating units when measured against the previous 12-month | 5 | | average call volume of operations or substantially similar | 6 | | operations from Illinois to another state or a foreign country | 7 | | shall notify the Treasurer at least 120 days before such | 8 | | relocation. | 9 | | (b) An employer that violates subsection (a) shall be | 10 | | subject to a civil penalty not to exceed $10,000 for each day | 11 | | of such violation, except that the Treasurer may reduce such | 12 | | amount for just cause shown. | 13 | | Section 15. List of company call centers.
| 14 | | (a) The Treasurer shall compile a semiannual list of all | 15 | | employers that relocate a call center or one or more facilities | 16 | | or operating units within a call center comprising at least 30% | 17 | | of the call center's total volume of operations from Illinois | 18 | | to another state or a foreign country. | 19 | | (b) The Treasurer shall post the list of company call | 20 | | centers on its website on June 30 of every year. | 21 | | Section 20. Grants or guaranteed loans. | 22 | | (a) Except as provided in subsection (c) and | 23 | | notwithstanding any other provision of law, an employer that | 24 | | appears on the list required under Section 15 shall be |
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| 1 | | ineligible for any direct or indirect State grants or State | 2 | | guaranteed loans for 5 years after the date such list is | 3 | | published. | 4 | | (b) Except as provided in subsection (c) and | 5 | | notwithstanding any other provision of law, an employer that | 6 | | appears on the list required under Section 15 shall remit the | 7 | | unamortized value of any grant, guaranteed loans, tax benefits, | 8 | | or any other governmental support it has previously received to | 9 | | the Treasurer. | 10 | | (c) The Treasurer, in consultation with the appropriate | 11 | | Department providing a loan or grant, may waive the eligibility | 12 | | restriction provided under subsection (a) if the employer | 13 | | applying for such loan or grant demonstrates that a lack of | 14 | | such loan or grant would: | 15 | | (1) threaten national security; | 16 | | (2) result in substantial job loss in the State; or | 17 | | (3) harm the environment. | 18 | | Section 25. In-state procurement. An agency shall ensure | 19 | | that all State-business-related call center and customer | 20 | | service work be performed by State contractors or their agents | 21 | | or subcontractors entirely within the State. State contractors | 22 | | who currently perform such work outside of the State shall have | 23 | | 2 years following the effective date of this Act to comply with | 24 | | this Section; provided that, if any such grandfathered | 25 | | contractors add customer service employees who will perform |
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| 1 | | work on such contracts, those new employees shall immediately | 2 | | be employed within the State. | 3 | | Section 30. State benefits for workers. No provision of | 4 | | this Act shall be construed to permit withholding or denial of | 5 | | payments, compensation, or benefits under any other State law | 6 | | (including State unemployment insurance, disability payments, | 7 | | or worker retraining or readjustment funds) to workers employed | 8 | | by employers that relocate from Illinois to another state or a | 9 | | foreign country.
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2018.
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