Full Text of SB3468 103rd General Assembly
SB3468sam001 103RD GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 3/8/2024 | | 10300SB3468sam001 | | LRB103 39357 JRC 70759 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3468
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3468 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Whistleblower Act is amended by changing | 5 | | Sections 5, 10, 15, and 20 as follows: | 6 | | (740 ILCS 174/5) | 7 | | Sec. 5. Definitions. As used in this Act: | 8 | | "Employer" means: an individual, sole proprietorship, | 9 | | partnership, firm, corporation, association, and any other | 10 | | entity that has one or more employees in this State, including | 11 | | a political subdivision of the State; a unit of local | 12 | | government; a school district, combination of school | 13 | | districts, or governing body of a joint agreement of any type | 14 | | formed by two or more school districts; a community college | 15 | | district, State college or university, or any State agency | 16 | | whose major function is providing educational services; any |
| | | 10300SB3468sam001 | - 2 - | LRB103 39357 JRC 70759 a |
|
| 1 | | authority including a department, division, bureau, board, | 2 | | commission, or other agency of these entities; and any person | 3 | | acting within the scope of his or her authority express or | 4 | | implied on behalf of those entities in dealing with its | 5 | | employees. | 6 | | "Employee" means any individual who is employed on a | 7 | | full-time, part-time, or contractual basis by an employer. | 8 | | "Employee" also includes, but is not limited to, a licensed | 9 | | physician who practices his or her profession, in whole or in | 10 | | part, at a hospital, nursing home, clinic, or any medical | 11 | | facility that is a health care facility funded, in whole or in | 12 | | part, by the State. | 13 | | "Retaliation" or "retaliatory action" means an adverse | 14 | | action proximately caused by activity protected under this | 15 | | Act. | 16 | | (Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.) | 17 | | (740 ILCS 174/10) | 18 | | Sec. 10. Certain policies prohibited. An employer may not | 19 | | make, adopt, or enforce any rule, regulation, or policy | 20 | | preventing an employee from disclosing information to a | 21 | | government or law enforcement agency if the employee has | 22 | | reasonable cause to believe that the information discloses a | 23 | | violation of a State or federal law, rule, or regulation. If | 24 | | the employee can articulate a coherent basis, even if | 25 | | mistaken, for contending the conduct identified is illegal, |
| | | 10300SB3468sam001 | - 3 - | LRB103 39357 JRC 70759 a |
|
| 1 | | then the disclosure is protected under this Act. | 2 | | (Source: P.A. 93-544, eff. 1-1-04.) | 3 | | (740 ILCS 174/15) | 4 | | Sec. 15. Retaliation for certain disclosures prohibited. | 5 | | (a) An employer may not retaliate against an employee who | 6 | | discloses information in a court, an administrative hearing, | 7 | | or before a legislative commission or committee, or in any | 8 | | other proceeding, where the employee has reasonable cause to | 9 | | believe that the information discloses a violation of a | 10 | | municipal, county, State or federal law, rule, or regulation. | 11 | | (b) An employer may not retaliate against an employee for | 12 | | disclosing information to a government or law enforcement | 13 | | agency, whether that agency is the employer or a third party, | 14 | | where the employee has reasonable cause to believe that the | 15 | | information discloses a past, current, or future violation of | 16 | | a municipal, county, State , or federal law, rule, or | 17 | | regulation by the employer or a third party, including any | 18 | | individual . | 19 | | (Source: P.A. 95-128, eff. 1-1-08.) | 20 | | (740 ILCS 174/20) | 21 | | Sec. 20. Retaliation for certain refusals prohibited. An | 22 | | employer may not retaliate against an employee for refusing to | 23 | | participate in any past, current, or future an activity that | 24 | | would result in a violation of a municipal, county, State , or |
| | | 10300SB3468sam001 | - 4 - | LRB103 39357 JRC 70759 a |
|
| 1 | | federal law, rule, or regulation, including, but not limited | 2 | | to, violations of the Freedom of Information Act , by the | 3 | | employer or a third party, including any individual. | 4 | | Invitations to participate in illegal activity do not need to | 5 | | be explicit . | 6 | | (Source: P.A. 96-555, eff. 8-18-09.)". |
|