Illinois 2025-2026 Regular Session

Illinois House Bill HB3483 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3483 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/730 ILCS 105/5.1030 new Creates the Paid Family and Medical Leave Insurance Program Act. Creates the Division of Paid Family and Medical Leave within the Department of Labor. Requires the Division to establish and administer a paid family and medical leave insurance program that provides benefits to employees. Provides that the program shall be administered by the Deputy Director of the Division. Sets forth eligibility requirements for benefits under the Act. Provides that a self-employed individual may elect to be covered under the Act. Contains provisions concerning disqualification from benefits; compensation for leave; the amount and duration of benefits; payments for benefits under the Paid Family and Medical Leave Insurance Program Fund; employer equivalent plans; annual reports by the Department; hearings; penalties; notice; the coordination of leave provided under the Act with leave allowed under the federal Family and Medical Leave Act of 1993, a collective bargaining agreement, or any local county or municipal ordinance; rulemaking; and other matters. Amends the State Finance Act. Creates the Paid Family and Medical Leave Insurance Program Fund. Amends the Freedom of Information Act. Exempts certain documents collected by the Division of Paid Family and Medical Leave from the Act's disclosure requirements. Effective immediately. LRB104 11016 SPS 21098 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3483 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/730 ILCS 105/5.1030 new New Act 5 ILCS 140/7 30 ILCS 105/5.1030 new Creates the Paid Family and Medical Leave Insurance Program Act. Creates the Division of Paid Family and Medical Leave within the Department of Labor. Requires the Division to establish and administer a paid family and medical leave insurance program that provides benefits to employees. Provides that the program shall be administered by the Deputy Director of the Division. Sets forth eligibility requirements for benefits under the Act. Provides that a self-employed individual may elect to be covered under the Act. Contains provisions concerning disqualification from benefits; compensation for leave; the amount and duration of benefits; payments for benefits under the Paid Family and Medical Leave Insurance Program Fund; employer equivalent plans; annual reports by the Department; hearings; penalties; notice; the coordination of leave provided under the Act with leave allowed under the federal Family and Medical Leave Act of 1993, a collective bargaining agreement, or any local county or municipal ordinance; rulemaking; and other matters. Amends the State Finance Act. Creates the Paid Family and Medical Leave Insurance Program Fund. Amends the Freedom of Information Act. Exempts certain documents collected by the Division of Paid Family and Medical Leave from the Act's disclosure requirements. Effective immediately. LRB104 11016 SPS 21098 b LRB104 11016 SPS 21098 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3483 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/730 ILCS 105/5.1030 new New Act 5 ILCS 140/7 30 ILCS 105/5.1030 new
4	4	New Act
5	5	5 ILCS 140/7
6	6	30 ILCS 105/5.1030 new
7	7	Creates the Paid Family and Medical Leave Insurance Program Act. Creates the Division of Paid Family and Medical Leave within the Department of Labor. Requires the Division to establish and administer a paid family and medical leave insurance program that provides benefits to employees. Provides that the program shall be administered by the Deputy Director of the Division. Sets forth eligibility requirements for benefits under the Act. Provides that a self-employed individual may elect to be covered under the Act. Contains provisions concerning disqualification from benefits; compensation for leave; the amount and duration of benefits; payments for benefits under the Paid Family and Medical Leave Insurance Program Fund; employer equivalent plans; annual reports by the Department; hearings; penalties; notice; the coordination of leave provided under the Act with leave allowed under the federal Family and Medical Leave Act of 1993, a collective bargaining agreement, or any local county or municipal ordinance; rulemaking; and other matters. Amends the State Finance Act. Creates the Paid Family and Medical Leave Insurance Program Fund. Amends the Freedom of Information Act. Exempts certain documents collected by the Division of Paid Family and Medical Leave from the Act's disclosure requirements. Effective immediately.
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13	13	1 AN ACT concerning employment.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 1. Short title. This Act may be cited as the Paid
17	17	5 Family and Medical Leave Insurance Program Act.
18	18	6 Section 5. Declaration of policy and intent.
19	19	7 (a) Many employees do not have access to family and
20	20	8 medical leave programs. Those who do may not be in a financial
21	21	9 position to take family and medical leave that is unpaid, and
22	22	10 employer-paid benefits that are available may meet only a
23	23	11 relatively small part of this need. Therefore, it is the
24	24	12 public policy of this State to protect working families
25	25	13 against the economic hardship caused by the need to take time
26	26	14 off from work for reasons such as caring for themselves or
27	27	15 family members who are suffering from serious illness or
28	28	16 caring for a newborn or a newly adopted child. Moreover, many
29	29	17 women are single mothers or the primary breadwinners for their
30	30	18 families. If any of these women take unpaid maternity leave,
31	31	19 their families and Illinois suffer. However, the United States
32	32	20 is the only industrialized nation in the world that does not
33	33	21 have a mandatory workplace-based program for such income
34	34	22 support. It is, therefore, desirable and necessary to develop
35	35	23 systems that help families adapt to the competing interests of
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3483 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
40	40	New Act5 ILCS 140/730 ILCS 105/5.1030 new New Act 5 ILCS 140/7 30 ILCS 105/5.1030 new
41	41	New Act
42	42	5 ILCS 140/7
43	43	30 ILCS 105/5.1030 new
44	44	Creates the Paid Family and Medical Leave Insurance Program Act. Creates the Division of Paid Family and Medical Leave within the Department of Labor. Requires the Division to establish and administer a paid family and medical leave insurance program that provides benefits to employees. Provides that the program shall be administered by the Deputy Director of the Division. Sets forth eligibility requirements for benefits under the Act. Provides that a self-employed individual may elect to be covered under the Act. Contains provisions concerning disqualification from benefits; compensation for leave; the amount and duration of benefits; payments for benefits under the Paid Family and Medical Leave Insurance Program Fund; employer equivalent plans; annual reports by the Department; hearings; penalties; notice; the coordination of leave provided under the Act with leave allowed under the federal Family and Medical Leave Act of 1993, a collective bargaining agreement, or any local county or municipal ordinance; rulemaking; and other matters. Amends the State Finance Act. Creates the Paid Family and Medical Leave Insurance Program Fund. Amends the Freedom of Information Act. Exempts certain documents collected by the Division of Paid Family and Medical Leave from the Act's disclosure requirements. Effective immediately.
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47	47	A BILL FOR
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74	74	1 work and home and that not only benefit workers but also
75	75	2 benefit employers by reducing employee turnover and increasing
76	76	3 worker productivity.
77	77	4 (b) It is the intent of the General Assembly to create a
78	78	5 paid family and medical leave insurance program to relieve
79	79	6 this serious menace to the health, morals, and welfare of
80	80	7 Illinois families, to increase workplace productivity, and to
81	81	8 alleviate the enormous and growing stress on working families
82	82	9 of balancing the demands of work and family needs.
83	83	10 Section 10. Definitions. As used in this Act:
84	84	11 "Assisted reproduction" means a method of achieving a
85	85	12 pregnancy through the handling of human oocytes, sperm,
86	86	13 zygotes, or embryos for the purpose of establishing a
87	87	14 pregnancy. "Assisted reproduction" includes, but is not
88	88	15 limited to, methods of artificial insemination, in vitro
89	89	16 fertilization, embryo transfer, zygote transfer, embryo
90	90	17 biopsy, preimplantation genetic diagnosis, embryo
91	91	18 cryopreservation, oocyte donation, gamete donation, zygote
92	92	19 donation, embryo donation, and gestational surrogacy.
93	93	20 "Average weekly wage" means one-thirteenth of the wages
94	94	21 paid during the quarter with the highest earnings earned in
95	95	22 the 4 quarters prior to the last day before taking paid family
96	96	23 and medical leave. For purposes of calculating average weekly
97	97	24 wage, "wages" include, but are not limited to, salary,
98	98	25 earnings, gratuities, bonuses, commissions, and any other
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109	109	1 compensation that constitutes remuneration as determined by
110	110	2 the Department by rule.
111	111	3 "Care" includes, but is not limited to, physical care,
112	112	4 emotional support, visitation, arranging for a change in care,
113	113	5 assistance with essential daily living matters, and personal
114	114	6 attendant services.
115	115	7 "Child" means a biological, adopted, or foster child,
116	116	8 stepchild, or ward of a covered individual, a child of a spouse
117	117	9 of the covered individual, a child of a parent, a child of a
118	118	10 civil union partner of the covered individual, or a person
119	119	11 whose close relationship with the covered individual is the
120	120	12 equivalent of a family relationship.
121	121	13 "Civil union" has the meaning set forth in Section 10 of
122	122	14 the Illinois Religious Freedom Protection and Civil Union Act.
123	123	15 "Consecutive leave" means leave that is taken without
124	124	16 interruption based upon an employee's regular work schedule
125	125	17 and does not include breaks in employment in which an employee
126	126	18 is not regularly scheduled to work.
127	127	19 "Construction industry" means any constructing, altering,
128	128	20 reconstructing, repairing, rehabilitating, refinishing,
129	129	21 refurbishing, remodeling, remediating, renovating, custom
130	130	22 fabricating, maintenance, landscaping, improving, wrecking,
131	131	23 painting, decorating, demolishing, or adding to or subtracting
132	132	24 from any building, structure, highway, roadway, street,
133	133	25 bridge, alley, sewer, ditch, sewage disposal plant,
134	134	26 waterworks, parking facility, railroad, excavation or other
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145	145	1 structure, project, development, real property, or
146	146	2 improvement, or to do any part thereof, whether the
147	147	3 performance of the work herein described involves the addition
148	148	4 to or fabrication into, any structure, project, development,
149	149	5 real property, or improvement herein described of any material
150	150	6 or article of merchandise. "Construction industry" also
151	151	7 includes moving construction related materials on the job site
152	152	8 or to or from the job site, snow plowing, snow removal, and
153	153	9 refuse collection.
154	154	10 "Covered individual" means either an employee who meets
155	155	11 the financial eligibility requirements described in subsection
156	156	12 (f) of Section 20 or a self-employed individual who has
157	157	13 elected coverage under Section 25 and who is seeking or has
158	158	14 been approved for paid family and medical leave benefits under
159	159	15 this Act.
160	160	16 "Day and temporary labor service agency" has the meaning
161	161	17 set forth in Section 5 of the Day and Temporary Labor Services
162	162	18 Act.
163	163	19 "Department" means the Department of Labor.
164	164	20 "Director" means the Director of Labor.
165	165	21 "Deputy Director" means the Deputy Director of the
166	166	22 Division of the Paid Family and Medical Leave Insurance
167	167	23 Program.
168	168	24 "Division" means the Division of Paid Family and Medical
169	169	25 Leave.
170	170	26 "Domestic violence" has the same meaning as provided in
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181	181	1 Section 103 of the Illinois Domestic Violence Act of 1986.
182	182	2 "Domestic work" has the meaning set forth in Section 10 of
183	183	3 the Domestic Workers' Bill of Rights Act.
184	184	4 "Domestic worker" has the meaning set forth in Section 10
185	185	5 of the Domestic Workers' Bill of Rights Act. "Domestic worker"
186	186	6 also includes independent contractors, sole proprietors, and
187	187	7 partnerships who engage in domestic work.
188	188	8 "Employee" means an individual who is or has been employed
189	189	9 by any combination of employers in the State of Illinois. An
190	190	10 employee is considered to be employed in the State of Illinois
191	191	11 if the employee works in Illinois or the employee routinely
192	192	12 performs some work in Illinois and the employee's base of
193	193	13 operations or the place from which the work is directed and
194	194	14 controlled is in Illinois. "Employee" includes domestic
195	195	15 workers. "Employee" does not include an employee as defined in
196	196	16 the federal Railroad Unemployment Insurance Act (45 U.S.C. 351
197	197	17 et seq.) or the Federal Employers' Liability Act (45 U.S.C. 51
198	198	18 et seq.).
199	199	19 "Employ" means to suffer or permit to work.
200	200	20 "Employer" means any person, partnership, association,
201	201	21 trust, estate, joint-stock company, insurance company, or
202	202	22 corporation, whether domestic or foreign, or the receiver,
203	203	23 trustee in bankruptcy, or trustee that has in its employ one or
204	204	24 more employees performing services for it within this State.
205	205	25 "Employer" includes any employer subject to the Unemployment
206	206	26 Insurance Act. "Employer" also includes a day and temporary
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217	217	1 labor service agency that provides employees on a temporary
218	218	2 basis to its customers.
219	219	3 "Employment benefits" means all benefits provided or made
220	220	4 available to employees by an employer, including, but not
221	221	5 limited to, life insurance, health insurance, disability
222	222	6 insurance, sick leave, annual or vacation leave, paid time
223	223	7 off, paid or unpaid leave, educational benefits, pensions, and
224	224	8 any other employment benefit required by federal, State, or
225	225	9 local law.
226	226	10 "Family member" means an employee's child, spouse, party
227	227	11 to a civil union, parent, or any other individual related by
228	228	12 blood, marriage, or civil union or whose close relationship
229	229	13 with the employee is the equivalent of a family relationship.
230	230	14 "Family and medical leave benefits" means any payments
231	231	15 that are payable to a covered individual for all or part of a
232	232	16 period of paid family and medical leave.
233	233	17 "Health care provider" means any person licensed under
234	234	18 federal, State, or local law to provide health care services
235	235	19 or any other person who has been authorized to provide health
236	236	20 care by a licensed health care provider or any other
237	237	21 individual determined by the Department to be capable of
238	238	22 providing health care services.
239	239	23 "Interested party" means an organization that monitors or
240	240	24 is attentive to compliance with public or worker safety laws,
241	241	25 wage and hour requirements, or other statutory requirements.
242	242	26 "Intermittent leave" means a nonconsecutive leave
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253	253	1 consisting of a minimum interval of no more than 2 hours, as
254	254	2 set by the Department, within a consecutive 12-month period
255	255	3 that begins with the first day that the covered individual
256	256	4 first establishes the claim.
257	257	5 "Medical procedure" means a course of action intended to
258	258	6 achieve a result in the delivery of health care.
259	259	7 "Miscarriage" means the loss of a pregnancy before 20
260	260	8 weeks of gestation.
261	261	9 "Parent" means a biological parent, foster parent,
262	262	10 adoptive parent, or stepparent, or a person who was a legal
263	263	11 guardian of, or who stood in loco parentis to, an individual
264	264	12 when the individual was a child, or any other person whose
265	265	13 close association with the individual is the equivalent of a
266	266	14 parent.
267	267	15 "Placement for adoption" means the time when an individual
268	268	16 adopts a child or becomes a caregiver for a child pending
269	269	17 adoption by an individual.
270	270	18 "Reproductive health care" means health care offered,
271	271	19 arranged, or furnished for the purpose of preventing
272	272	20 pregnancy, terminating a pregnancy, managing pregnancy loss,
273	273	21 or improving maternal health and birth outcomes. "Reproductive
274	274	22 health care" includes, but is not limited to, contraception,
275	275	23 sterilization, preconception care, assisted reproduction,
276	276	24 maternity care, abortion care, and counseling regarding
277	277	25 reproductive health care.
278	278	26 "Self-employed individual" means an individual who
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289	289	1 receives self-employment income as defined in Section 1402(b)
290	290	2 of the Internal Revenue Code.
291	291	3 "Serious health condition" means an illness, injury,
292	292	4 impairment, or physical or mental condition that requires
293	293	5 inpatient care in a hospital, hospice, or residential medical
294	294	6 care facility or continuing medical treatment or continuing
295	295	7 supervision by a health care provider.
296	296	8 "Sexual assault" means any conduct proscribed by: (i)
297	297	9 Article 11 of the Criminal Code of 2012, except Sections 11-35
298	298	10 and 11-45; or (ii) Section 12-13, 12-14, 12-14.1, 12-15, or
299	299	11 12-16 of the Criminal Code of 2012.
300	300	12 "Stalking" means any conduct proscribed by Section 12-7.3,
301	301	13 12-7.4, or 12-7.5 of the Criminal Code of 2012.
302	302	14 "Statewide average weekly wage" means the wage determined
303	303	15 by the Department of Employment Security pursuant to paragraph
304	304	16 (2) of subsection (B) of Part (I) of Section 401 of the
305	305	17 Unemployment Insurance Act.
306	306	18 "Stillbirth" means the loss of a pregnancy at 20 weeks of
307	307	19 gestation or later.
308	308	20 "Victim" means an individual who has been subjected to
309	309	21 domestic or sexual violence.
310	310	22 "Victim services organization" means a nonprofit,
311	311	23 nongovernmental organization that provides assistance to
312	312	24 victims of domestic or sexual violence, including rape crisis
313	313	25 centers, organizations carrying out a domestic violence
314	314	26 program, organizations operating a shelter or providing
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325	325	1 counseling services, or a legal services organization or other
326	326	2 organization providing assistance through the legal process.
327	327	3 "Wages" means any remuneration owed an individual as a
328	328	4 result of employment, an employment contract or agreement
329	329	5 between 2 or more parties or a contract for services, whether
330	330	6 paid directly or indirectly, including, but not limited to,
331	331	7 salaries, commissions, gratuities, stock options, and bonuses,
332	332	8 and reasonable cash value of board, rent, housing, lodging,
333	333	9 payment in kind and all remuneration paid in any medium other
334	334	10 than cash, and whether the amount is determined on a time,
335	335	11 task, piece, or any other basis of calculation.
336	336	12 "Weekly benefit amount" means the amount of wage
337	337	13 replacement paid to a covered individual on a weekly basis
338	338	14 while the covered individual is on paid family and medical
339	339	15 leave as provided in Section 40.
340	340	16 Section 15. Division of Paid Family and Medical Leave.
341	341	17 (a) There is created a Division of Paid Family and Medical
342	342	18 Leave within the Department of Labor under the supervision and
343	343	19 control of the Director.
344	344	20 (b) The Department shall name a Deputy Director of the
345	345	21 Division of Paid Family and Medical Leave and hire other
346	346	22 persons as necessary to discharge the requirements of this
347	347	23 Act. The Deputy Director shall have the powers delegated to
348	348	24 him or her by the Director, in addition to the powers set forth
349	349	25 in this Act.
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360	360	1 (c) The Department shall establish procedures and forms
361	361	2 for filing claims for benefits under this Act.
362	362	3 (d) The Department shall use information sharing and
363	363	4 integration technology to facilitate the disclosure of
364	364	5 relevant information or records by the Department.
365	365	6 (e) Information contained in the files and records
366	366	7 pertaining to an employee, self-employed individual, or any
367	367	8 other individual who submits files and records under this Act
368	368	9 is confidential and not open to public inspection under the
369	369	10 Freedom of Information Act, other than to public employees in
370	370	11 the performance of their official duties. An employer must
371	371	12 keep at its place of business records of employment from which
372	372	13 the information needed by the Department for purposes of this
373	373	14 Act may be obtained. The records shall at all times be open to
374	374	15 the inspection of the Department in accordance with rules
375	375	16 adopted by the Department.
376	376	17 (f) The Division shall develop and implement an outreach
377	377	18 program to ensure that individuals who may be eligible to
378	378	19 receive paid family and medical leave benefits under this Act
379	379	20 are made aware of these benefits. Outreach information shall
380	380	21 explain, in an easy-to-understand format, eligibility
381	381	22 requirements, the claims process, weekly benefit amounts,
382	382	23 maximum benefits payable, notice requirements, reinstatement
383	383	24 and nondiscrimination rights, confidentiality, and
384	384	25 coordination of leave under this Act and other laws,
385	385	26 collective bargaining agreements, and employer policies.
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396	396	1 Outreach information shall be available in English and in
397	397	2 languages other than English that are spoken as a primary
398	398	3 language by a significant portion of the State's population,
399	399	4 as determined by the Department.
400	400	5 (g) Any local, county, or municipal ordinance or policy
401	401	6 that provides for paid family and medical leave benefits for
402	402	7 the employees of that local unit of government, or any workers
403	403	8 or employers within its jurisdiction, must comply with the
404	404	9 requirements of this Act or provide benefits, rights, and
405	405	10 remedies that are greater than or equal to the benefits,
406	406	11 rights, and remedies afforded under this Act.
407	407	12 Section 17. Claims for paid family and medical leave. A
408	408	13 claim for paid family and medical leave may be taken by a
409	409	14 covered individual from work:
410	410	15 (1) to participate in the providing of care, including
411	411	16 physical or psychological care, for a family member which
412	412	17 was made necessary by a serious health condition or
413	413	18 medical procedure of the family member;
414	414	19 (2) to be with a child during the first 12 months after
415	415	20 the child's birth if the covered individual is a family
416	416	21 member of the child, the first 12 months after the
417	417	22 placement of the child for adoption or foster care with
418	418	23 the covered individual, the first 12 months after the
419	419	24 child becomes a ward, the first 12 months after in loco
420	420	25 parentis status of the child is acquired, or the first 12
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431	431	1 months after the establishment of parentage under the
432	432	2 Illinois Parentage Act of 2015 if the child is 17 years of
433	433	3 age or younger. As used in this paragraph, "child" also
434	434	4 includes any individual who is less than 18 years of age or
435	435	5 any individual who is 18 years of age or older but is
436	436	6 incapable of self-care because of medical needs or a
437	437	7 mental or physical impairment;
438	438	8 (3) for the covered individual's own serious health
439	439	9 condition, including, but not limited to, stillbirth or
440	440	10 miscarriage or other conditions in connection with
441	441	11 pregnancy, recovery from childbirth, related conditions
442	442	12 even though the covered individual does not receive
443	443	13 treatment from a health care provider during the absence,
444	444	14 including, but not limited to, absence due to morning
445	445	15 sickness, a physical limitation arising from pregnancy, or
446	446	16 exposure to chemicals or hazardous material that may be
447	447	17 harmful, or any other related condition;
448	448	18 (4) for the covered individual's own reproductive
449	449	19 health care;
450	450	20 (5) because the covered individual's or the covered
451	451	21 individual's family member is the victim of domestic or
452	452	22 sexual violence and the covered individual requests leave
453	453	23 because the victim is: (i) experiencing or has experienced
454	454	24 an incident of or ongoing domestic or sexual violence;
455	455	25 (ii) seeking medical attention for, or recovering from,
456	456	26 physical, emotional, or psychological injuries caused by
457	457
458	458
459	459
460	460
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463	463
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467	467	1 domestic or sexual violence; (iii) obtaining services from
468	468	2 a victim services organization; (iv) obtaining
469	469	3 psychological or other counseling; (v) participating in
470	470	4 safety planning, temporarily or permanently relocating, or
471	471	5 taking other actions to increase the safety of the victim
472	472	6 or the victim's family members from future domestic or
473	473	7 sexual violence to ensure safety or economic security; or
474	474	8 (vi) seeking legal assistance or remedies to ensure the
475	475	9 health and safety of the victim or the victim's family
476	476	10 members, including preparing for or participating in any
477	477	11 civil or criminal legal proceeding related to or derived
478	478	12 from domestic or sexual violence; and
479	479	13 (6) because of any qualifying exigency as interpreted
480	480	14 under the Family and Medical Leave Act of 1993 (29 U.S.C.
481	481	15 2612(a)(1)(E) and 29 CFR 825.126) arising out of the fact
482	482	16 that a family member is on active duty in the Armed Forces
483	483	17 of the United States.
484	484	18 As used in this Act, "paid family and medical leave" does
485	485	19 not include any period of time during which a covered
486	486	20 individual is paid benefits under the Workers' Compensation
487	487	21 Act, the Workers' Occupational Diseases Act, or the
488	488	22 Unemployment Insurance Act because the covered individual is
489	489	23 unable to perform the duties of the covered individual's
490	490	24 employment due to the covered individual's own disability.
491	491	25 Section 20. Eligibility for benefits; certification.
492	492
493	493
494	494
495	495
496	496
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498	498
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502	502	1 (a) The Department may require that a claim for paid
503	503	2 family and medical leave benefits under this Section be
504	504	3 supported by a certification.
505	505	4 (1) For a claim for paid family and medical leave
506	506	5 under paragraph (1) or (3) of Section 17, the
507	507	6 certification shall be sufficient if it is issued by a
508	508	7 health care provider of the covered individual's choosing
509	509	8 who is providing care to the covered individual or the
510	510	9 covered individual's family member, as applicable, and the
511	511	10 need for intermittent leave, if applicable; however, the
512	512	11 Department may require suitable alternative documentation
513	513	12 where it is impractical or impossible to acquire
514	514	13 certification from a health care provider.
515	515	14 (2) For a claim under paragraph (2) or (4) of Section
516	516	15 17, leave shall be granted without certification.
517	517	16 (3) For a claim under paragraph (5) of Section 17, any
518	518	17 one of the following documents is acceptable for
519	519	18 certification and only one of the documents shall be
520	520	19 required: a police report, a court document, a document
521	521	20 issued by a healthcare provider, or a signed statement
522	522	21 from an attorney, a member of the clergy, or a victim
523	523	22 services organization or advocate. It is up to the covered
524	524	23 individual to determine which documentation to submit. If
525	525	24 documentation has been submitted, the Department or the
526	526	25 employer shall not request or require any other
527	527	26 documentation if the reason for the initial or subsequent
528	528
529	529
530	530
531	531
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537	537	HB3483 - 15 - LRB104 11016 SPS 21098 b
538	538	1 claim for paid family and medical leave is related to the
539	539	2 same incident of violence or the same perpetrator of the
540	540	3 violence. The Department may require alternative
541	541	4 documentation where it is impractical or impossible to
542	542	5 acquire certification from the listed documents in this
543	543	6 paragraph.
544	544	7 (4) For a claim under paragraph (6) of Section 17, one
545	545	8 of the following documents is acceptable for
546	546	9 certification: a copy of the family member's active duty
547	547	10 orders, other documentation issued by the U.S. Armed
548	548	11 Forces, or other documentation permitted by the
549	549	12 Department.
550	550	13 (b) If an employer provides paid or unpaid leave, the
551	551	14 employee may elect whether first to use the paid or unpaid
552	552	15 leave or to receive paid family and medical leave benefits
553	553	16 under this Act. An employee may not be required to use paid or
554	554	17 unpaid leave provided by the employer if leave is provided by
555	555	18 federal, State, or local law.
556	556	19 (c) This Section does not limit an employee's right to
557	557	20 take leave from employment under other laws or employer
558	558	21 policy.
559	559	22 (d) The eligibility of an individual for benefits is not
560	560	23 affected by a strike or lockout at the factory, establishment,
561	561	24 or other premises at which the individual is or was last
562	562	25 employed.
563	563	26 (e) An employee who has received benefits under this
564	564
565	565
566	566
567	567
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573	573	HB3483 - 16 - LRB104 11016 SPS 21098 b
574	574	1 Section may not lose any other employment benefits, including
575	575	2 seniority or pension rights, accrued before the date that paid
576	576	3 family and medical leave commenced. This Section does not
577	577	4 entitle an employee to accrue employment benefits during a
578	578	5 period of paid family and medical leave or to a right, benefit,
579	579	6 or position of employment other than a right, benefit, or
580	580	7 position to which the employee would have been entitled had
581	581	8 the employee not taken paid family and medical leave.
582	582	9 (f) Subject to the requirements of this Act, an individual
583	583	10 shall be eligible to receive benefits under this Act if that
584	584	11 individual has been paid during the individual's base period
585	585	12 wages equal to not less than $1,600, provided that the
586	586	13 individual has been paid wages equal to at least $440 during
587	587	14 that part of the individual's base period which does not
588	588	15 include the calendar quarter in which the wages paid to the
589	589	16 individual were highest. "Base period" means the first 4 of
590	590	17 the last 5 completed calendar quarters immediately preceding
591	591	18 the Sunday immediately preceding the first day that family and
592	592	19 medical leave under this Act commences for the covered
593	593	20 individual. If an individual is not eligible to receive paid
594	594	21 family and medical leave benefits or an individual's weekly
595	595	22 benefit amount would be lower using the base period, a base
596	596	23 period consisting of the last 4 completed quarters immediately
597	597	24 preceding the Sunday immediately preceding the first day that
598	598	25 paid family and medical leave under this Act commences shall
599	599	26 be used to establish eligibility or a higher weekly benefit
600	600
601	601
602	602
603	603
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610	610	1 amount for the covered individual.
611	611	2 (g) Nothing in this Act shall be deemed to interfere with,
612	612	3 impede, or in any way diminish the right of individuals to
613	613	4 bargain collectively with their employers through
614	614	5 representatives of their own choosing in order to establish
615	615	6 wages or other conditions of work in excess of the applicable
616	616	7 minimum standards established in this Act. The paid family and
617	617	8 medical leave requirements of this Act may be waived in a bona
618	618	9 fide collective bargaining agreement, but only if the waiver
619	619	10 is set forth explicitly in the agreement in clear and
620	620	11 unambiguous terms and the employer offers an approved
621	621	12 equivalent plan under Section 50.
622	622	13 (h) Nothing in this Act shall be deemed to affect the
623	623	14 validity or change the terms of bona fide collective
624	624	15 bargaining agreements in force on the effective date of this
625	625	16 Act. After that date, the requirements of this Act may be
626	626	17 waived in a bona fide collective bargaining agreement, but
627	627	18 only in accordance with subsection (g).
628	628	19 (i) This Section does not create a continuing entitlement
629	629	20 or contractual right.
630	630	21 (j) Nothing in the Section shall limit the eligibility of
631	631	22 an employee for benefits upon the change of employment as long
632	632	23 as the employee remains an employee or has been employed by any
633	633	24 employer in the State of Illinois within the 2 quarters
634	634	25 preceding his or her submission of a claim for paid family and
635	635	26 medical leave.
636	636
637	637
638	638
639	639
640	640
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642	642
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645	645	HB3483 - 18 - LRB104 11016 SPS 21098 b
646	646	1 Section 25. Self-employed benefits.
647	647	2 (a) For benefits payable beginning January 1, 2028, any
648	648	3 self-employed individual may elect to be covered under this
649	649	4 Act. The self-employed individual must file a notice of
650	650	5 election in writing with the Department and contribute to the
651	651	6 Paid Family and Medical Leave Insurance Program Fund as
652	652	7 described in Section 35. The self-employed individual must
653	653	8 agree to supply any information concerning taxable income that
654	654	9 the Department deems necessary. After the election is
655	655	10 processed by the Department, the self-employed individual must
656	656	11 begin submitting payroll deductions as an employee and an
657	657	12 employer required under Section 35 for a minimum period of 3
658	658	13 years. In order to be eligible to receive benefits under this
659	659	14 Act, the self-employed individual must satisfy the financial
660	660	15 eligibility requirements of subsection (f) of Section 20 and
661	661	16 have submitted payroll deductions as an employee as required
662	662	17 under Section 35 for a minimum of 3 months preceding any claim
663	663	18 for leave under this Act.
664	664	19 (b) A self-employed individual who has elected to be
665	665	20 covered may terminate coverage by filing written notice with
666	666	21 the Department as prescribed by rule only upon a bona fide
667	667	22 change in the employment status of the self-employed
668	668	23 individual or as described under subsection (c). The
669	669	24 termination may not take effect sooner than 30 days after the
670	670	25 notice is filed and may not be filed while the self-employed
671	671
672	672
673	673
674	674
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680	680	HB3483 - 19 - LRB104 11016 SPS 21098 b
681	681	1 individual is on leave approved under this Act. If termination
682	682	2 is permitted, the Department may waive the requirements in
683	683	3 subsection (a) that a self-employed individual submit payroll
684	684	4 deductions as an employee and employer for a minimum period of
685	685	5 3 years. Once a self-employed individual terminates coverage,
686	686	6 the individual shall be disqualified from seeking another
687	687	7 election of coverage as a self-employed individual for a
688	688	8 period of 2 years unless he or she can demonstrate a bona fide
689	689	9 change in employment status resulting in the need for a
690	690	10 subsequent election within those 2 years.
691	691	11 (c) A self-employed individual who has elected to be
692	692	12 covered may terminate coverage based upon the filing of a
693	693	13 voluntary or involuntary bankruptcy petition. The elective
694	694	14 coverage of a self-employed individual terminates on the date
695	695	15 the self-employed individual provides written notice and
696	696	16 documentation to the Department to support the bankruptcy
697	697	17 petition filing of the self-employed individual.
698	698	18 Section 30. Disqualification from benefits.
699	699	19 (a) A covered individual is disqualified from paid family
700	700	20 and medical leave benefits under this Act if the covered
701	701	21 individual willfully makes a false statement to obtain
702	702	22 benefits.
703	703	23 (b) A disqualification for paid family and medical leave
704	704	24 benefits is for a period of 2 years, and commences on the first
705	705	25 day of the calendar week in which the covered individual filed
706	706
707	707
708	708
709	709
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712	712
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716	716	1 a claim for benefits under this Act. A covered individual who
717	717	2 is disqualified for benefits is liable to the Department for a
718	718	3 penalty in an amount equal to 15% of the amount of benefits
719	719	4 received by the covered individual.
720	720	5 Section 35. Paid Family and Medical Leave Insurance
721	721	6 Program Fund.
722	722	7 (a) The Paid Family and Medical Leave Insurance Program
723	723	8 Fund is created as a special fund in the State treasury. The
724	724	9 Fund shall be separated into 2 accounts, one for the
725	725	10 administration of this Act and one for the payment of paid
726	726	11 family and medical leave benefits under this Act. All interest
727	727	12 that accrues on moneys in the Fund shall be credited to the
728	728	13 Fund. Nothing in this Act shall be construed to prohibit an
729	729	14 employer from providing additional voluntary employer
730	730	15 contributions toward the cost of benefits provided under this
731	731	16 Act. These voluntary contributions may be in addition to
732	732	17 employee payroll deductions or used to replace in whole or in
733	733	18 part employee payroll deductions.
734	734	19 (b) The Department shall by rule provide for the
735	735	20 collection of premium contributions. The amount of the premium
736	736	21 contribution imposed under this Section, less refunds
737	737	22 authorized by this Act, and all assessments and penalties
738	738	23 collected under this Act shall be deposited into and credited
739	739	24 to the Fund.
740	740	25 (1) Beginning January 1, 2027, the combined premium
741	741
742	742
743	743
744	744
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747	747
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751	751	1 contribution shall be 1.12% of wages.
752	752	2 (2) At no time shall the combined premium contribution
753	753	3 be greater than 1.25% of wages.
754	754	4 (3) Beginning January 1, 2027, an employer shall
755	755	5 retain from all employees a payroll premium deduction in
756	756	6 the amount of 40% of the total premium contribution amount
757	757	7 established by the actuarial analysis as a percentage of
758	758	8 wages for all employees and an employer with 25 or more
759	759	9 employees shall pay the remaining 60% of the premium
760	760	10 contribution.
761	761	11 (4) Beginning January 1, 2029, an employer shall
762	762	12 retain from all employees a payroll premium deduction in
763	763	13 the amount of 40% of the total premium contribution amount
764	764	14 established by the actuarial analysis as a percentage of
765	765	15 wages for all employees and an employer with one or more
766	766	16 employees shall pay the remaining 60% of the premium
767	767	17 contribution. No employee shall be required to pay a
768	768	18 higher percentage premium than any other employee.
769	769	19 (5) Beginning January 1, 2028, and each calendar year
770	770	20 thereafter, not later than October 1 of the prior year,
771	771	21 the Department shall set the premium contribution rate for
772	772	22 the coming calendar year at the rate necessary to obtain a
773	773	23 total amount of contributions equal to 135% of the
774	774	24 benefits paid during the previous fiscal year plus an
775	775	25 amount equal to 100% of the cost of administration of the
776	776	26 payment of those benefits during the previous fiscal year,
777	777
778	778
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783	783
784	784
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787	787	1 less the amount of net assets remaining in the Fund as of
788	788	2 June 30 of the current calendar year.
789	789	3 (6) Premium contributions shall not be assessed on the
790	790	4 first $15,000 of a covered individual's wages.
791	791	5 (7) Premium contributions shall not be assessed on a
792	792	6 covered individual's wages that exceed $352,200 or 2 times
793	793	7 the Social Security contribution and benefit base, as
794	794	8 determined under 42 U.S.C. 430, whichever is greater.
795	795	9 (c) A Paid Family and Medical Leave Insurance Program
796	796	10 Advisory Board is established as an advisory board to the
797	797	11 Department of Labor. The Advisory Board shall advise the
798	798	12 Department in planning for, implementing, and evaluating the
799	799	13 Paid Family and Medical Leave Insurance Program to ensure that
800	800	14 all eligible Illinois workers can afford to participate in the
801	801	15 program and take leave as necessary, while considering the
802	802	16 impact on Illinois employers. The Advisory Board shall
803	803	17 continuously evaluate the program to determine what barriers
804	804	18 to access or other inequities may exist within its
805	805	19 administration, including evaluating program uptake to ensure
806	806	20 low-income and middle-income workers are participating in the
807	807	21 program. The Advisory Board shall make recommendations for
808	808	22 improvements to the program, as appropriate, including, but
809	809	23 not limited to, the appropriate and sustainable number of
810	810	24 weeks of leave allowed, the rates of wage replacement and
811	811	25 premium contributions, and any recommended wage exemptions or
812	812	26 caps.
813	813
814	814
815	815
816	816
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819	819
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823	823	1 (d) The Advisory Board shall include and represent the
824	824	2 diversity of workers, business, self-employed individuals, and
825	825	3 advocacy organizations in Illinois. No later than January 1,
826	826	4 2027, the Governor shall appoint, with the advice and consent
827	827	5 of the Senate, members to the Advisory Board as follows:
828	828	6 (1) 4 employees of businesses in this State or members
829	829	7 of an organization representing employees in this State;
830	830	8 (2) 4 owners of businesses in this State; and
831	831	9 (3) one member of the public who resides in this
832	832	10 State.
833	833	11 (e) The Director shall annually, on or before March 1,
834	834	12 report in writing to the Advisory Board concerning the
835	835	13 deposits into and expenditures from this State's account in
836	836	14 the Paid Family and Medical Leave Insurance Program Fund. The
837	837	15 Advisory Board shall meet at least once per quarter. The
838	838	16 Advisory Board shall hold time for public comment at every
839	839	17 meeting. The members shall serve without compensation but are
840	840	18 entitled to reimbursement for travel expenses.
841	841	19 (f) The Department may adjust rates, not to exceed the
842	842	20 amount established in subsection (b), for the collection of
843	843	21 premiums as described in subsection (c). The Department shall
844	844	22 set rates for premiums and deductions in a manner that
845	845	23 minimizes the volatility of the rates assessed and so that at
846	846	24 the end of the period for which the rates are effective, the
847	847	25 cash balance shall be an amount approximating 12 months of
848	848	26 projected expenditures from the Fund, considering the
849	849
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852	852
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859	859	1 functions and duties of the Department under this Act.
860	860	2 Section 40. Compensation for paid family and medical
861	861	3 leave.
862	862	4 (a) A covered individual's weekly benefit rate shall be
863	863	5 90% of his or her average weekly wage, subject to a maximum of
864	864	6 the statewide average weekly wage paid to workers by
865	865	7 employers; however, the covered individual's benefit rate
866	866	8 shall be computed to the next lower multiple of $1 if not
867	867	9 already a multiple thereof. The amount of benefits for each
868	868	10 day of paid family and medical leave for which benefits are
869	869	11 payable shall be one-fifth of the corresponding weekly benefit
870	870	12 amount; however, the total benefits for a fractional part of a
871	871	13 week shall be computed to the next lower multiple of $1 if not
872	872	14 already a multiple thereof. The first payment of benefits must
873	873	15 be made to a covered individual within 14 calendar days after
874	874	16 the claim is filed and there is sufficient information to
875	875	17 approve at least one week of benefits; subsequent payments
876	876	18 must be made no later than semi-monthly thereafter.
877	877	19 (b) With respect to any period of paid family and medical
878	878	20 leave and while an individual is a covered individual, family
879	879	21 and medical leave benefits not in excess of the covered
880	880	22 individual's maximum benefits shall be payable with respect to
881	881	23 the first day of leave taken. The maximum total benefits
882	882	24 payable to any covered individual within a covered base year
883	883	25 shall be 18 times the covered individual's weekly benefit
884	884
885	885
886	886
887	887
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890	890
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894	894	1 amount; however, the maximum amount shall be computed in the
895	895	2 next lower multiple of $1 if not already a multiple thereof.
896	896	3 (c) The maximum weekly benefit for family and medical
897	897	4 leave that occurs on or after January 1, 2028 shall be $1,200.
898	898	5 By September 30, 2029, and by September 30 of each year
899	899	6 thereafter, the maximum weekly benefit shall be adjusted to
900	900	7 the State average weekly wage. The adjusted maximum weekly
901	901	8 benefit amount takes effect on the following January 1.
902	902	9 (d) Nothing in this Act shall be construed to prohibit the
903	903	10 establishment by an employer, without approval by the
904	904	11 Department, of a supplementary plan or plans providing for the
905	905	12 payment to employees, or to any class or classes of employees,
906	906	13 of benefits in addition to the benefits provided by this Act or
907	907	14 to prohibit the collection or receipt of voluntary
908	908	15 contributions from employees toward the cost of the additional
909	909	16 benefits. However, no employee shall be asked or required to
910	910	17 contribute to any plan or plans, even on a voluntary basis, if
911	911	18 the employee is not able to use or access the benefits for
912	912	19 which they are contributing from the plan or plans. The
913	913	20 rights, duties, and responsibilities of all interested parties
914	914	21 under the supplementary plans shall be unaffected by any
915	915	22 provision of this Act.
916	916	23 Section 45. Paid family and medical leave; duration.
917	917	24 (a) Beginning January 1, 2028, a covered individual may
918	918	25 take 18 weeks of paid family and medical leave within any
919	919
920	920
921	921
922	922
923	923
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929	929	1 12-month period that begins with the first day that the
930	930	2 covered employee first establishes the claim in order to
931	931	3 provide care made necessary by reasons identified in Section
932	932	4 17. A covered individual may take paid family and medical
933	933	5 leave on an intermittent schedule in which all leave
934	934	6 authorized under this Act is not taken sequentially. A covered
935	935	7 individual may take up to an additional 9 weeks of paid family
936	936	8 and medical leave within any 12-month period that begins with
937	937	9 the first day that the covered individual first establishes
938	938	10 the claim for which the covered individual is eligible for
939	939	11 leave taken in connection with pregnancy, recovery from
940	940	12 childbirth, related conditions, or if the child of the covered
941	941	13 individual was a patient in the neonatal intensive care unit.
942	942	14 (b) The taking of leave intermittently or on a medically
943	943	15 necessary periodic schedule under this Section shall not
944	944	16 result in a reduction in the total amount of leave to which the
945	945	17 covered individual is entitled under this Act.
946	946	18 Section 50. Employer equivalent plans.
947	947	19 (a) An employer, whether a private sector or public sector
948	948	20 employer, may apply to the Division for approval of an
949	949	21 employer-offered benefit plan that provides family and medical
950	950	22 leave benefits to the employer's employees. In order to be
951	951	23 approved, an employer-offered plan must confer all same
952	952	24 rights, protections, and benefits provided to covered
953	953	25 individuals under this Act, including, but not limited to, the
954	954
955	955
956	956
957	957
958	958
959	959	HB3483 - 26 - LRB104 11016 SPS 21098 b
960	960
961	961
962	962	HB3483- 27 -LRB104 11016 SPS 21098 b HB3483 - 27 - LRB104 11016 SPS 21098 b
963	963	HB3483 - 27 - LRB104 11016 SPS 21098 b
964	964	1 bases for leave, the duration of leave, the wage replacement
965	965	2 rate, and the ability to appeal a denial for a claim for
966	966	3 benefits. The equivalent plan shall not discriminate against
967	967	4 any employee based on their wage or other compensation or the
968	968	5 employee's job category or position.
969	969	6 (b) If the plan is in the form of a third party that
970	970	7 provides for insurance, the forms of the policy must be issued
971	971	8 by an insurer approved by the State.
972	972	9 (c) An employer that seeks approval of a plan shall submit
973	973	10 an application to the Division in the form and manner and by
974	974	11 the date prescribed by the Department by rule, accompanied by
975	975	12 an application fee. The application fee shall be no less than
976	976	13 $250 and no more than $1,000. The Department shall establish
977	977	14 the criteria for the cost of application fees over $250,
978	978	15 including, but not limited to, the number of the employees,
979	979	16 employer earnings, and the time and resources the Department
980	980	17 expends to assess employer-offered plans. An employer shall
981	981	18 reapply for approval from the Division annually or whenever
982	982	19 the employee's plan changes. The reapplication fee shall be no
983	983	20 less than $150 and no more than $1,000. The Department shall
984	984	21 establish the criteria for the cost of reapplication fees over
985	985	22 $150, including, but not limited to, the number of employees,
986	986	23 employer earnings, the time and resources the Department
987	987	24 expends to assess reapplication of employer-offered plans, and
988	988	25 the extent of changes to the plan.
989	989	26 (d) The Division shall review and approve an application
990	990
991	991
992	992
993	993
994	994
995	995	HB3483 - 27 - LRB104 11016 SPS 21098 b
996	996
997	997
998	998	HB3483- 28 -LRB104 11016 SPS 21098 b HB3483 - 28 - LRB104 11016 SPS 21098 b
999	999	HB3483 - 28 - LRB104 11016 SPS 21098 b
1000	1000	1 for a plan if the Deputy Director finds that:
1001	1001	2 (1) the plan is made available to all employees who
1002	1002	3 have been employed with an employer and meet the
1003	1003	4 definition of employee;
1004	1004	5 (2) the benefits and rights afforded to employees
1005	1005	6 covered under the plan are equal to or greater than the
1006	1006	7 benefits and rights that an employee would qualify for
1007	1007	8 under this Act; and
1008	1008	9 (3) the plan does not require an employee or
1009	1009	10 prospective employee, as a condition of employment, to
1010	1010	11 execute or renew a contract, agreement, clause, covenant,
1011	1011	12 waiver, or other document that prohibits or attempts to
1012	1012	13 prohibit employees from making statements or disclosures
1013	1013	14 regarding an employer's equivalency plan, as long as the
1014	1014	15 statements or disclosures are not known to be false by the
1015	1015	16 employee or prospective employee. No contract, agreement,
1016	1016	17 clause, covenant, waiver, or other document shall
1017	1017	18 prohibit, prevent, or otherwise restrict an employee,
1018	1018	19 prospective employee, or former employee from reporting
1019	1019	20 any allegations of unlawful conduct under this Act and
1020	1020	21 participating in any investigation or hearings conducted
1021	1021	22 by the Department or any court.
1022	1022	23 If the plan is in the form of self-insurance, the employer
1023	1023	24 must furnish a bond to the Department with a surety company
1024	1024	25 authorized to transact business in this State in the form,
1025	1025	26 amount, and manner required by the Department.
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	HB3483 - 28 - LRB104 11016 SPS 21098 b
1032	1032
1033	1033
1034	1034	HB3483- 29 -LRB104 11016 SPS 21098 b HB3483 - 29 - LRB104 11016 SPS 21098 b
1035	1035	HB3483 - 29 - LRB104 11016 SPS 21098 b
1036	1036	1 (e) Once an application is approved, beginning January 1
1037	1037	2 of the following year, neither the employer nor an employee
1038	1038	3 covered under an employer plan is subject to the requirements
1039	1039	4 of this Act or required to make the contributions or
1040	1040	5 deductions as described in Section 35.
1041	1041	6 (f) An employer shall assume all costs related to a plan
1042	1042	7 approved under this Section and shall not deduct contributions
1043	1043	8 from the wages of employees or in any manner have employees pay
1044	1044	9 for the plan.
1045	1045	10 (g) An employer that offers a plan approved under this
1046	1046	11 Section shall:
1047	1047	12 (1) maintain all reports, information, and records
1048	1048	13 relating to the plan, including payroll and account
1049	1049	14 records that document employee contributions and expenses,
1050	1050	15 in the manner established by the Department by rule; and
1051	1051	16 (2) provide written notice annually to employees that
1052	1052	17 includes:
1053	1053	18 (A) information about benefits available under the
1054	1054	19 approved plan, including the duration of leave;
1055	1055	20 (B) the process for filing a claim to receive
1056	1056	21 benefits under the plan;
1057	1057	22 (C) the right to job protection and benefits
1058	1058	23 continuation; and
1059	1059	24 (D) a statement that discrimination and
1060	1060	25 retaliatory actions against an employee for inquiring
1061	1061	26 about the paid family and medical leave insurance
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	HB3483 - 29 - LRB104 11016 SPS 21098 b
1068	1068
1069	1069
1070	1070	HB3483- 30 -LRB104 11016 SPS 21098 b HB3483 - 30 - LRB104 11016 SPS 21098 b
1071	1071	HB3483 - 30 - LRB104 11016 SPS 21098 b
1072	1072	1 program established under this Act, giving
1073	1073	2 notification of leave under the program, taking leave
1074	1074	3 under the program, or claiming paid family and medical
1075	1075	4 leave benefits are prohibited.
1076	1076	5 (h) Each quarter, employers who have received approval for
1077	1077	6 an employer-offered plan under this Section must report to the
1078	1078	7 Division the number of claims for benefits the employer
1079	1079	8 received, the number of claims that were denied and the bases
1080	1080	9 for those denials, and the number of claims that were
1081	1081	10 approved. In addition, for all denials and approvals of
1082	1082	11 claims, employers shall report the number of denials and
1083	1083	12 approvals as distributed by gender, race, ethnicity, wages,
1084	1084	13 and any other demographic factors determined to be relevant by
1085	1085	14 the Department.
1086	1086	15 (i) The Division may investigate an employer-offered plan
1087	1087	16 approved under this Section for violations of this Act based
1088	1088	17 upon a complaint submitted by an employee subject to the plan,
1089	1089	18 an interested party, or evidence of a pattern and practice of
1090	1090	19 denials based upon the date submitted by the employer in
1091	1091	20 subsection (h) of this Section.
1092	1092	21 (j) Where the Division finds an employer-offered plan has
1093	1093	22 been administered inconsistently with its approval, the
1094	1094	23 Department may withdraw approval for an employer-offered plan
1095	1095	24 granted under this Section. An employer who has had its
1096	1096	25 approval for an employer-offered plan withdrawn under this
1097	1097	26 Section shall be subject to an additional penalty contribution
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103	HB3483 - 30 - LRB104 11016 SPS 21098 b
1104	1104
1105	1105
1106	1106	HB3483- 31 -LRB104 11016 SPS 21098 b HB3483 - 31 - LRB104 11016 SPS 21098 b
1107	1107	HB3483 - 31 - LRB104 11016 SPS 21098 b
1108	1108	1 rate equivalent to 50% of the standard contribution rate
1109	1109	2 assigned to an employer under Section 35 for a period of time
1110	1110	3 to be determined by the Department, not to exceed 2 years.
1111	1111	4 Causes for plan termination shall include, but not be limited
1112	1112	5 to, the following:
1113	1113	6 (1) failure to pay benefits to eligible employees;
1114	1114	7 (2) failure to pay benefits timely and in a manner
1115	1115	8 consistent with this Act;
1116	1116	9 (3) failure to maintain reports and provide notice
1117	1117	10 under subsection (g) or submit the required data under
1118	1118	11 subsection (h) or comply with other compliance
1119	1119	12 requirements as required by the Deputy Director or the
1120	1120	13 Department by rule; or
1121	1121	14 (4) failure to comply with this Act or the rules
1122	1122	15 adopted in accordance with this Act.
1123	1123	16 (k) An employer may be subjected to penalties under
1124	1124	17 Section 70 if the employer fails to maintain an approved
1125	1125	18 equivalency plan or provide benefits to employees under an
1126	1126	19 approved equivalency plan that are inconsistent with this Act.
1127	1127	20 (l) An interested party or person aggrieved by a violation
1128	1128	21 of this Section by an employer may file suit in circuit court
1129	1129	22 in the county where the alleged offense occurred or where any
1130	1130	23 person who is party to the action resides, without regard to
1131	1131	24 exhaustion of any alternative administrative remedies provided
1132	1132	25 in this Act. Actions may be brought by one or more persons for
1133	1133	26 and on behalf of themselves and other persons similarly
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138
1139	1139	HB3483 - 31 - LRB104 11016 SPS 21098 b
1140	1140
1141	1141
1142	1142	HB3483- 32 -LRB104 11016 SPS 21098 b HB3483 - 32 - LRB104 11016 SPS 21098 b
1143	1143	HB3483 - 32 - LRB104 11016 SPS 21098 b
1144	1144	1 situated. A person whose rights have been violated under this
1145	1145	2 Section by an employer is entitled to collect:
1146	1146	3 (1) the amount of any wages, salary, employment
1147	1147	4 benefits, or other compensation denied or lost to the
1148	1148	5 person by reason of the violation, plus an equal amount in
1149	1149	6 liquidated damages;
1150	1150	7 (2) compensatory damages and an amount up to $500 for
1151	1151	8 each violation of this Act or any rule adopted under this
1152	1152	9 Act;
1153	1153	10 (3) in the case of unlawful retaliation, all legal or
1154	1154	11 equitable relief as may be appropriate; and
1155	1155	12 (4) attorney's fees and costs.
1156	1156	13 The right of an interested party or aggrieved person to
1157	1157	14 bring an action under this Section terminates upon the passing
1158	1158	15 of 3 years from the date of the alleged violation or, for a
1159	1159	16 series of violations, the last date in which a violation
1160	1160	17 occurred. This limitations period is tolled if an employer has
1161	1161	18 deterred a person's exercise of rights under this Section.
1162	1162	19 Section 55. Annual reports; contents.
1163	1163	20 (a) The Department shall issue and make available to the
1164	1164	21 public, not later than January 1, 2029 and each January 1
1165	1165	22 thereafter, annual reports providing data on paid family and
1166	1166	23 medical leave benefits, whether provided through the
1167	1167	24 State-operated program or through employer equivalent plans as
1168	1168	25 described in Section 50, including separate data for each of
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174	HB3483 - 32 - LRB104 11016 SPS 21098 b
1175	1175
1176	1176
1177	1177	HB3483- 33 -LRB104 11016 SPS 21098 b HB3483 - 33 - LRB104 11016 SPS 21098 b
1178	1178	HB3483 - 33 - LRB104 11016 SPS 21098 b
1179	1179	1 the paid family and medical leave categories described in
1180	1180	2 Section 17. The reports shall include, for each category of
1181	1181	3 claims, the number of workers receiving the benefits, the
1182	1182	4 amount of benefits paid, the average duration of benefits, the
1183	1183	5 average weekly benefit, and any reported amount of paid leave,
1184	1184	6 vacation, or other fully paid time which resulted in reduced
1185	1185	7 benefit duration. The reports shall provide data by gender,
1186	1186	8 race, ethnicity, wages, and any other demographic factors
1187	1187	9 determined to be relevant by the Department. The reports shall
1188	1188	10 also provide for: (i) all family and medical leave benefits,
1189	1189	11 the total costs of benefits and the total cost of
1190	1190	12 administration, the portion of benefits for claims during paid
1191	1191	13 family and medical leave, and the total revenues from employer
1192	1192	14 premium contributions, where applicable; (ii) employee
1193	1193	15 assessments; and (iii) other sources. Any and all data made
1194	1194	16 available to the public shall be de-identified and anonymized.
1195	1195	17 (b) The Division may, in its discretion, conduct surveys
1196	1196	18 and other research regarding, and include in the annual
1197	1197	19 reports descriptions and evaluations of, the impact and
1198	1198	20 potential future impact of the costs and benefits resulting
1199	1199	21 from the provisions of this Act for:
1200	1200	22 (1) employees and their families, including surveys
1201	1201	23 and evaluations of what portion of the total number of
1202	1202	24 employees taking leave would not have taken leave, or
1203	1203	25 would have taken less leave, without the availability of
1204	1204	26 benefits; what portion of employees return to work after
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210	HB3483 - 33 - LRB104 11016 SPS 21098 b
1211	1211
1212	1212
1213	1213	HB3483- 34 -LRB104 11016 SPS 21098 b HB3483 - 34 - LRB104 11016 SPS 21098 b
1214	1214	HB3483 - 34 - LRB104 11016 SPS 21098 b
1215	1215	1 receiving benefits and what portion are not permitted to
1216	1216	2 return to work; and what portion of employees who are
1217	1217	3 eligible for benefits do not claim or receive them and why
1218	1218	4 they do not;
1219	1219	5 (2) employers, including benefits such as reduced
1220	1220	6 training and other costs related to reduced turnover of
1221	1221	7 personnel, and increased affordability of paid family and
1222	1222	8 medical leave as provided pursuant to this Act, with
1223	1223	9 special attention given to small businesses; and
1224	1224	10 (3) the public, including savings caused by any
1225	1225	11 reduction in the number of people receiving public
1226	1226	12 assistance.
1227	1227	13 (c) The total amount of any expenses that the Department
1228	1228	14 determines are necessary to carry out its duties described in
1229	1229	15 this Section shall be charged to the administration account of
1230	1230	16 the Fund.
1231	1231	17 Section 60. Hearings. A person aggrieved by a decision of
1232	1232	18 the Department under this Act may request a hearing. The
1233	1233	19 Department shall adopt rules governing hearings and the
1234	1234	20 issuance of final orders under this Act in accordance with the
1235	1235	21 Illinois Administrative Procedure Act. All final
1236	1236	22 administrative decisions of the Department under this Act are
1237	1237	23 subject to judicial review under the Administrative Review
1238	1238	24 Law.
1239	1239
1240	1240
1241	1241
1242	1242
1243	1243
1244	1244	HB3483 - 34 - LRB104 11016 SPS 21098 b
1245	1245
1246	1246
1247	1247	HB3483- 35 -LRB104 11016 SPS 21098 b HB3483 - 35 - LRB104 11016 SPS 21098 b
1248	1248	HB3483 - 35 - LRB104 11016 SPS 21098 b
1249	1249	1 Section 65. Prohibited acts; enforcement.
1250	1250	2 (a) No employer, day and temporary labor service agency,
1251	1251	3 employee organization, or other person shall discharge, expel,
1252	1252	4 or otherwise retaliate or discriminate against an individual
1253	1253	5 because the individual has requested paid family and medical
1254	1254	6 leave, attempted to claim paid family and medical leave
1255	1255	7 benefits, taken paid family and medical leave, filed or
1256	1256	8 communicated to the employer an intent to file a claim, a
1257	1257	9 complaint, or an appeal, or has testified or is about to
1258	1258	10 testify or has assisted in any proceeding, under this Act, at
1259	1259	11 any time or the individual has spoken to any other individual
1260	1260	12 for any reason about paid family and medical leave.
1261	1261	13 (b) A person aggrieved by a violation of subsection (a)
1262	1262	14 may file suit in circuit court in the county where the alleged
1263	1263	15 offense occurred or where any person who is party to the action
1264	1264	16 resides without regard to exhaustion of any alternative
1265	1265	17 administrative remedies provided in this Act. Any employer
1266	1266	18 that violates subsection (a) shall be liable to the individual
1267	1267	19 who is affected by the violation for damages equal to the sum
1268	1268	20 of disciplining, or counting paid leave under a no-fault
1269	1269	21 attendance policy. Retaliation shall subject an employer to
1270	1270	22 civil penalties under this Act as follows:
1271	1271	23 (1) the amount of:
1272	1272	24 (A) any wages, salary, employment benefits, or
1273	1273	25 other compensation denied or lost to the individual by
1274	1274	26 reason of the violation; or
1275	1275
1276	1276
1277	1277
1278	1278
1279	1279
1280	1280	HB3483 - 35 - LRB104 11016 SPS 21098 b
1281	1281
1282	1282
1283	1283	HB3483- 36 -LRB104 11016 SPS 21098 b HB3483 - 36 - LRB104 11016 SPS 21098 b
1284	1284	HB3483 - 36 - LRB104 11016 SPS 21098 b
1285	1285	1 (B) in a case in which wages, salary, employment
1286	1286	2 benefits, or other compensation have not been denied
1287	1287	3 or lost to the individual, any actual monetary losses
1288	1288	4 sustained by the individual as a direct violation,
1289	1289	5 such as the cost of providing care, up to a sum equal
1290	1290	6 to 60 calendar days of wages or salary for the
1291	1291	7 individual; and
1292	1292	8 (2) the interest on the amount described under
1293	1293	9 subparagraph (A) of paragraph (1) calculated at the
1294	1294	10 prevailing rate; and
1295	1295	11 (3) an additional amount as liquidated damages equal
1296	1296	12 to the sum of the amount described in paragraph (1) and the
1297	1297	13 interest described in paragraph (2), except if a person
1298	1298	14 who has violated subsection (a) proves to the satisfaction
1299	1299	15 of the court that the act or omission was in good faith and
1300	1300	16 that the person had reasonable grounds for believing that
1301	1301	17 the act or omission was not a violation of subsection (a),
1302	1302	18 the court may, in the discretion of the court, reduce the
1303	1303	19 amount of the liability to the amount and interest
1304	1304	20 determined under subparagraph (A) or (B) of paragraph (1),
1305	1305	21 respectively.
1306	1306	22 In addition, a court may order equitable relief as may be
1307	1307	23 appropriate, including employment, reinstatement, promotion,
1308	1308	24 and reinstatement of a contract for services.
1309	1309	25 (c) An action to recover the damages or obtain equitable
1310	1310	26 relief under subsection (a) may be maintained against any
1311	1311
1312	1312
1313	1313
1314	1314
1315	1315
1316	1316	HB3483 - 36 - LRB104 11016 SPS 21098 b
1317	1317
1318	1318
1319	1319	HB3483- 37 -LRB104 11016 SPS 21098 b HB3483 - 37 - LRB104 11016 SPS 21098 b
1320	1320	HB3483 - 37 - LRB104 11016 SPS 21098 b
1321	1321	1 person in any court on behalf of:
1322	1322	2 (1) the aggrieved individual; or
1323	1323	3 (2) the aggrieved individual or other individuals
1324	1324	4 similarly situated.
1325	1325	5 (d) The court in an action shall, in addition to any
1326	1326	6 judgment awarded to the covered individual, allow reasonable
1327	1327	7 attorney's fees, reasonable expert witness fees, and other
1328	1328	8 costs of the action to be paid by the defendant.
1329	1329	9 (e) The right under subsection (c) to bring an action by or
1330	1330	10 on behalf of any individual shall terminate:
1331	1331	11 (1) on the filing of a complaint by the Department in
1332	1332	12 an action in which restraint is sought of any further
1333	1333	13 delay in the payment of the amount described in paragraph
1334	1334	14 (1) of subsection (b) to the individual by the person
1335	1335	15 responsible under subsection (a) for the payment; or
1336	1336	16 (2) on the filing of a complaint by the Department in
1337	1337	17 an action under subsection (f) in which a recovery is
1338	1338	18 sought of the damages described in paragraph (1) of
1339	1339	19 subsection (b) owing to the individual by the person
1340	1340	20 liable under subsection (a).
1341	1341	21 (f) Actions brought by the Department.
1342	1342	22 (1) The Department may bring an action in any court to
1343	1343	23 recover the damages described in paragraph (1) of
1344	1344	24 subsection (b).
1345	1345	25 (2) Any sums recovered under paragraph (1) shall be
1346	1346	26 held in a special deposit account and shall be paid, on
1347	1347
1348	1348
1349	1349
1350	1350
1351	1351
1352	1352	HB3483 - 37 - LRB104 11016 SPS 21098 b
1353	1353
1354	1354
1355	1355	HB3483- 38 -LRB104 11016 SPS 21098 b HB3483 - 38 - LRB104 11016 SPS 21098 b
1356	1356	HB3483 - 38 - LRB104 11016 SPS 21098 b
1357	1357	1 order of the Department, directly to each individual
1358	1358	2 affected. Any sums not paid to an individual because of an
1359	1359	3 inability to do so within a period of 3 years shall be
1360	1360	4 deposited into the Fund.
1361	1361	5 (3) An action may be brought under this subsection not
1362	1362	6 later than 3 years after the date of the last event
1363	1363	7 constituting the alleged violation for which the action is
1364	1364	8 brought.
1365	1365	9 (4) An action brought by the Department under this
1366	1366	10 subsection shall be considered to be commenced on the date
1367	1367	11 when the complaint is filed.
1368	1368	12 (5) The Department may bring an action to restrain
1369	1369	13 violations of subsection (a), including the restraint of
1370	1370	14 any withholding of payment of wages, salary, employment
1371	1371	15 benefits, or other compensation, plus interest, found by
1372	1372	16 the court to be due to the individual, or to award other
1373	1373	17 equitable relief as may be appropriate, including
1374	1374	18 employment, reinstatement, and promotion.
1375	1375	19 (g) Actions brought by an interested party.
1376	1376	20 (1) Upon a reasonable belief that an employer, day and
1377	1377	21 temporary labor service agency, employee organization, or
1378	1378	22 other person covered by this Act committed a violation of
1379	1379	23 subsection (a), an interested party may initiate a civil
1380	1380	24 action in the county where the alleged offenses occurred
1381	1381	25 or where any party to the action resides, asserting that a
1382	1382	26 violation of subsection (a) has occurred, subject to the
1383	1383
1384	1384
1385	1385
1386	1386
1387	1387
1388	1388	HB3483 - 38 - LRB104 11016 SPS 21098 b
1389	1389
1390	1390
1391	1391	HB3483- 39 -LRB104 11016 SPS 21098 b HB3483 - 39 - LRB104 11016 SPS 21098 b
1392	1392	HB3483 - 39 - LRB104 11016 SPS 21098 b
1393	1393	1 following:
1394	1394	2 (A) the interested party submits to the Department
1395	1395	3 a complaint describing the violation and naming the
1396	1396	4 employer or entity alleged to have violated subsection
1397	1397	5 (a);
1398	1398	6 (B) the Department sends notice of the complaint
1399	1399	7 to the named parties alleged to have violated
1400	1400	8 subsection (a), the person or persons alleged to have
1401	1401	9 been aggrieved, and the interested party, and provides
1402	1402	10 the named parties the option to contest the alleged
1403	1403	11 violation or cure the alleged violation; and
1404	1404	12 (C) the named parties contest or cure the
1405	1405	13 violation within 30 days after receipt of the notice
1406	1406	14 of the complaint or, if the named party does not
1407	1407	15 respond within 30 days, the Department issues a notice
1408	1408	16 of right to sue to the interested party in accordance
1409	1409	17 with paragraph (2).
1410	1410	18 (2) The Department shall issue a notice of right to
1411	1411	19 sue to the interested party, if one or more of the
1412	1412	20 following has occurred:
1413	1413	21 (A) the named party or parties have cured the
1414	1414	22 alleged violation to the satisfaction of the Director;
1415	1415	23 (B) the Director has determined that the
1416	1416	24 allegation is unjustified or that the Department does
1417	1417	25 not have jurisdiction over the matter or the parties;
1418	1418	26 or
1419	1419
1420	1420
1421	1421
1422	1422
1423	1423
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1425	1425
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1429	1429	1 (C) the Director has determined that the
1430	1430	2 allegation is justified or has not made a
1431	1431	3 determination and has decided not to exercise
1432	1432	4 jurisdiction over the matter or has concluded
1433	1433	5 administrative enforcement of the matter.
1434	1434	6 (3) If, within 180 days after service of the notice of
1435	1435	7 complaint to the parties, the Department has not (i)
1436	1436	8 resolved the contest and cure period, (ii) with the mutual
1437	1437	9 agreement of the parties, extended the time for the named
1438	1438	10 party to cure the violation and resolve the complaint, or
1439	1439	11 (iii) issued a right to sue letter, the interested party
1440	1440	12 may initiate a civil action for penalties. The parties may
1441	1441	13 extend the 180-day period by mutual agreement. The
1442	1442	14 limitations period for the interested party to bring an
1443	1443	15 action for the alleged violation of the subsection (a)
1444	1444	16 shall be tolled for the 180-day period and for the period
1445	1445	17 of any mutually agreed extensions. At the end of the
1446	1446	18 180-day period, or any mutually agreed extensions, the
1447	1447	19 Department shall issue a right to sue letter to the
1448	1448	20 interested party.
1449	1449	21 (4) Any claim or action filed under this Section must
1450	1450	22 be made within 3 years of the alleged conduct resulting in
1451	1451	23 the complaint plus any period for which the limitations
1452	1452	24 period has been tolled.
1453	1453	25 (5) In an action brought under this Section, an
1454	1454	26 interested party may recover against the employer, day and
1455	1455
1456	1456
1457	1457
1458	1458
1459	1459
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1461	1461
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1465	1465	1 temporary labor service agency, employee organization, or
1466	1466	2 other person any statutory penalties provided for in
1467	1467	3 Section 70 and injunctive relief. An interested party who
1468	1468	4 prevails in a civil action shall receive 10% of any
1469	1469	5 statutory penalties assessed plus any attorney's fees and
1470	1470	6 expenses in bringing the action. The remaining 90% of any
1471	1471	7 statutory penalties assessed shall be deposited into the
1472	1472	8 Paid Family and Medical Leave Insurance Program Fund and
1473	1473	9 shall be used exclusively for the purposes of
1474	1474	10 administration of this Act.
1475	1475	11 Section 70. Penalties.
1476	1476	12 (a) A person who makes a false statement or
1477	1477	13 representation, knowing it to be false, to increase any paid
1478	1478	14 family and medical leave benefit during a period of paid
1479	1479	15 family and medical leave, either for himself or herself or for
1480	1480	16 any other person, shall be liable for a civil penalty of $250
1481	1481	17 to be paid to the Department. Each false statement or
1482	1482	18 representation shall constitute a separate offense. Upon
1483	1483	19 refusal to pay the civil penalty, the civil penalty shall be
1484	1484	20 recovered in a civil action by the Attorney General on behalf
1485	1485	21 of the Department in the name of the State of Illinois. If, in
1486	1486	22 any case in which liability for the payment of a civil penalty
1487	1487	23 has been determined, any person who has received any benefits
1488	1488	24 under this Act by reason of the making of false statements or
1489	1489	25 representations shall not be entitled to any benefits under
1490	1490
1491	1491
1492	1492
1493	1493
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1496	1496
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1500	1500	1 this Act for any leave occurring prior to the time he or she
1501	1501	2 has discharged his or her liability to pay the civil penalty.
1502	1502	3 (b) A person, employing unit, employer, or entity that
1503	1503	4 willfully violates any provision of this Act or any rule
1504	1504	5 adopted under this Act for which a civil penalty is neither
1505	1505	6 prescribed in this Act nor provided by any other applicable
1506	1506	7 law shall be subject to a civil penalty of $2,500, and an
1507	1507	8 additional civil penalty not to exceed $1,000 for each month
1508	1508	9 during which the violation continues, to be paid to the
1509	1509	10 Department. Upon the refusal to pay the civil penalty, the
1510	1510	11 civil penalty shall be recovered in a civil action by the
1511	1511	12 Attorney General on behalf of the Department in the name of the
1512	1512	13 State of Illinois.
1513	1513	14 Section 75. Leave and employment protection.
1514	1514	15 (a) During any consecutive, intermittent, or medically
1515	1515	16 necessary periodic leave period in which an employee receives
1516	1516	17 paid family and medical leave benefits under this Act, the
1517	1517	18 employee is entitled to paid family and medical leave and, at
1518	1518	19 the established ending date of leave, to be restored to a
1519	1519	20 position of employment with the employer from whom leave was
1520	1520	21 taken as provided under subsection (b). The requirements of
1521	1521	22 this subsection may be waived in a bona fide collective
1522	1522	23 bargaining agreement covering individuals in the construction
1523	1523	24 industry.
1524	1524	25 (b) Except as provided in subsection (f), an employee who
1525	1525
1526	1526
1527	1527
1528	1528
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1531	1531
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1534	1534	HB3483 - 43 - LRB104 11016 SPS 21098 b
1535	1535	1 receives family and medical leave benefits under this Act for
1536	1536	2 the intended purpose of the paid family and medical leave is
1537	1537	3 entitled, on return from the leave:
1538	1538	4 (1) to be restored by the employer to the position of
1539	1539	5 employment held by the employee when the paid family and
1540	1540	6 medical leave commenced; or
1541	1541	7 (2) to be restored to an equivalent position with
1542	1542	8 equivalent employment benefits, pay, and other terms and
1543	1543	9 conditions of employment at the employee's workplace
1544	1544	10 immediately prior to when the paid family and medical
1545	1545	11 leave commenced.
1546	1546	12 (c) The taking of paid family and medical leave under this
1547	1547	13 Act may not result in the loss of any employment benefits
1548	1548	14 accrued before the date on which the paid family and medical
1549	1549	15 leave commenced.
1550	1550	16 (d) Nothing in this Section entitles a restored employee
1551	1551	17 to:
1552	1552	18 (1) the accrual of any seniority or employment
1553	1553	19 benefits during any period of paid family and medical
1554	1554	20 leave; or
1555	1555	21 (2) any right, benefit, or position of employment
1556	1556	22 other than any right, benefit, or position to which the
1557	1557	23 employee would have been entitled to if the employee not
1558	1558	24 taken the paid family and medical leave.
1559	1559	25 (e) During any period an employee takes paid family and
1560	1560	26 medical leave under this Act, if the employer provides
1561	1561
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566	HB3483 - 43 - LRB104 11016 SPS 21098 b
1567	1567
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1571	1571	1 insurance for employees, the employer shall maintain coverage
1572	1572	2 for the employee and any family member under any group health
1573	1573	3 plan for the duration of leave at no less than the level and
1574	1574	4 conditions of coverage that would have been provided if the
1575	1575	5 employee had not taken the leave. If the employer and employee
1576	1576	6 share the cost of the existing health benefits, the employee
1577	1577	7 may remain responsible for the employee's share of the cost.
1578	1578	8 However, the employer shall notify the employee that the
1579	1579	9 employee is still responsible for paying the employee's share
1580	1580	10 of the cost of the health care coverage, if any. The
1581	1581	11 requirements of this subsection may be waived in a bona fide
1582	1582	12 collective bargaining agreement covering individuals in the
1583	1583	13 construction industry where the collective bargaining
1584	1584	14 agreement requires employers to contribute to a multi-employer
1585	1585	15 health plan.
1586	1586	16 (f) An employer may not require, as a condition of
1587	1587	17 employment or complying with this Act, that the employee
1588	1588	18 search for or find a replacement worker to cover the hours
1589	1589	19 during which the employee takes leave under this Act.
1590	1590	20 Section 80. Notice to employer.
1591	1591	21 (a) If the necessity for paid family and medical leave is
1592	1592	22 foreseeable, the employee shall provide the employer with not
1593	1593	23 less than 30 days' notice, before the date the leave is to
1594	1594	24 begin, of the employee's intention to take leave.
1595	1595	25 (b) If the necessity for paid family and medical leave is
1596	1596
1597	1597
1598	1598
1599	1599
1600	1600
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1602	1602
1603	1603
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1605	1605	HB3483 - 45 - LRB104 11016 SPS 21098 b
1606	1606	1 not foreseeable or requires leave to begin in less than 30
1607	1607	2 days, the employee shall provide notice as is practicable.
1608	1608	3 Section 85. Employment by the same employer. If spouses
1609	1609	4 who are entitled to leave under this Act are employed by the
1610	1610	5 same employer and that employer has fewer than 10 employees,
1611	1611	6 the employer may require that the spouses not take more than 6
1612	1612	7 weeks of leave concurrently, with the following exceptions:
1613	1613	8 (1) the employee is seeking to take leave under this
1614	1614	9 Act for his or her own serious medical condition;
1615	1615	10 (2) the employee is seeking to take leave under this
1616	1616	11 Act to participate in the providing of care to a spouse who
1617	1617	12 is employed by the same employer; or
1618	1618	13 (3) the employee is seeking to take leave under this
1619	1619	14 Act to participate in the providing of care to a child the
1620	1620	15 employee shares with his or her spouse who is employed by
1621	1621	16 the same employer.
1622	1622	17 Section 90. Coordination of leave. Paid family and medical
1623	1623	18 leave taken under this Act must be taken concurrently with any
1624	1624	19 leave taken under the federal Family and Medical Leave Act of
1625	1625	20 1993 or a collective bargaining agreement. The employer must
1626	1626	21 give its employees written notice of this requirement.
1627	1627	22 Section 95. Rules. The Department shall adopt any rules
1628	1628	23 necessary to implement the provisions of this Act.
1629	1629
1630	1630
1631	1631
1632	1632
1633	1633
1634	1634	HB3483 - 45 - LRB104 11016 SPS 21098 b
1635	1635
1636	1636
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1638	1638	HB3483 - 46 - LRB104 11016 SPS 21098 b
1639	1639	1 Section 100. Authority to enter into interagency
1640	1640	2 agreements.
1641	1641	3 (a) The Department may enter into interagency agreements
1642	1642	4 with other State agencies for the initial administration of
1643	1643	5 the Paid Family and Medical Leave Insurance Program.
1644	1644	6 (b) This Section is repealed on January 1, 2033.
1645	1645	7 Section 105. Pregnancy; effect of other State law. No
1646	1646	8 individual shall suffer any repercussion under any Illinois
1647	1647	9 law, rule, or policy for any decisions the covered individual
1648	1648	10 is authorized to make under this Act regarding leave related
1649	1649	11 to pregnancy, recovery from childbirth, care of a child, or
1650	1650	12 related conditions.
1651	1651	13 Section 110. Program benefits; taxable income. Paid family
1652	1652	14 and medical leave benefits received under the provisions of
1653	1653	15 this Act shall not be taxed by the State of Illinois under the
1654	1654	16 Illinois Income Tax Act or in any other manner and shall not be
1655	1655	17 taxed by any unit of government within Illinois.
1656	1656	18 Section 115. Advance payment of premiums for State
1657	1657	19 employees.
1658	1658	20 (a) On the effective date of this Act, or as soon as
1659	1659	21 possible thereafter, the State Comptroller and the State
1660	1660	22 Treasurer, at the direction of the Governor, shall transfer
1661	1661
1662	1662
1663	1663
1664	1664
1665	1665
1666	1666	HB3483 - 46 - LRB104 11016 SPS 21098 b
1667	1667
1668	1668
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1670	1670	HB3483 - 47 - LRB104 11016 SPS 21098 b
1671	1671	1 funds from the General Revenue Fund to the Paid Family and
1672	1672	2 Medical Leave Insurance Program Fund. The money is an advance
1673	1673	3 payment of premiums for State employee coverage that the State
1674	1674	4 is required to pay under Section 35. The advance payment of
1675	1675	5 premiums shall be used by the Department for the initial
1676	1676	6 administration of the Paid Family and Medical Leave Insurance
1677	1677	7 Program.
1678	1678	8 (b) On or before June 30, 2026, the Division shall
1679	1679	9 determine the manner in which the State will receive a credit
1680	1680	10 for the advance payment of premiums it has paid under this
1681	1681	11 Section for premiums it is required to pay under Section 35.
1682	1682	12 (c) On January 1, 2027, and on July 1 of each year
1683	1683	13 thereafter, the Director shall submit a report of the amount
1684	1684	14 of remaining credit the State can receive for premiums it is
1685	1685	15 required to pay to the State Treasurer, the Director of the
1686	1686	16 Office of Management and Budget, the Director of Central
1687	1687	17 Management Services, and the General Assembly.
1688	1688	18 (d) The advance payment of premiums by the State under
1689	1689	19 this Section shall not constitute or become an indebtedness, a
1690	1690	20 debt, or a liability of the State.
1691	1691	21 Section 900. The Freedom of Information Act is amended by
1692	1692	22 changing Section 7 as follows:
1693	1693	23 (5 ILCS 140/7)
1694	1694	24 Sec. 7. Exemptions.
1695	1695
1696	1696
1697	1697
1698	1698
1699	1699
1700	1700	HB3483 - 47 - LRB104 11016 SPS 21098 b
1701	1701
1702	1702
1703	1703	HB3483- 48 -LRB104 11016 SPS 21098 b HB3483 - 48 - LRB104 11016 SPS 21098 b
1704	1704	HB3483 - 48 - LRB104 11016 SPS 21098 b
1705	1705	1 (1) When a request is made to inspect or copy a public
1706	1706	2 record that contains information that is exempt from
1707	1707	3 disclosure under this Section, but also contains information
1708	1708	4 that is not exempt from disclosure, the public body may elect
1709	1709	5 to redact the information that is exempt. The public body
1710	1710	6 shall make the remaining information available for inspection
1711	1711	7 and copying. Subject to this requirement, the following shall
1712	1712	8 be exempt from inspection and copying:
1713	1713	9 (a) Information specifically prohibited from
1714	1714	10 disclosure by federal or State law or rules and
1715	1715	11 regulations implementing federal or State law.
1716	1716	12 (b) Private information, unless disclosure is required
1717	1717	13 by another provision of this Act, a State or federal law,
1718	1718	14 or a court order.
1719	1719	15 (b-5) Files, documents, and other data or databases
1720	1720	16 maintained by one or more law enforcement agencies and
1721	1721	17 specifically designed to provide information to one or
1722	1722	18 more law enforcement agencies regarding the physical or
1723	1723	19 mental status of one or more individual subjects.
1724	1724	20 (c) Personal information contained within public
1725	1725	21 records, the disclosure of which would constitute a
1726	1726	22 clearly unwarranted invasion of personal privacy, unless
1727	1727	23 the disclosure is consented to in writing by the
1728	1728	24 individual subjects of the information. "Unwarranted
1729	1729	25 invasion of personal privacy" means the disclosure of
1730	1730	26 information that is highly personal or objectionable to a
1731	1731
1732	1732
1733	1733
1734	1734
1735	1735
1736	1736	HB3483 - 48 - LRB104 11016 SPS 21098 b
1737	1737
1738	1738
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1740	1740	HB3483 - 49 - LRB104 11016 SPS 21098 b
1741	1741	1 reasonable person and in which the subject's right to
1742	1742	2 privacy outweighs any legitimate public interest in
1743	1743	3 obtaining the information. The disclosure of information
1744	1744	4 that bears on the public duties of public employees and
1745	1745	5 officials shall not be considered an invasion of personal
1746	1746	6 privacy.
1747	1747	7 (d) Records in the possession of any public body
1748	1748	8 created in the course of administrative enforcement
1749	1749	9 proceedings, and any law enforcement or correctional
1750	1750	10 agency for law enforcement purposes, but only to the
1751	1751	11 extent that disclosure would:
1752	1752	12 (i) interfere with pending or actually and
1753	1753	13 reasonably contemplated law enforcement proceedings
1754	1754	14 conducted by any law enforcement or correctional
1755	1755	15 agency that is the recipient of the request;
1756	1756	16 (ii) interfere with active administrative
1757	1757	17 enforcement proceedings conducted by the public body
1758	1758	18 that is the recipient of the request;
1759	1759	19 (iii) create a substantial likelihood that a
1760	1760	20 person will be deprived of a fair trial or an impartial
1761	1761	21 hearing;
1762	1762	22 (iv) unavoidably disclose the identity of a
1763	1763	23 confidential source, confidential information
1764	1764	24 furnished only by the confidential source, or persons
1765	1765	25 who file complaints with or provide information to
1766	1766	26 administrative, investigative, law enforcement, or
1767	1767
1768	1768
1769	1769
1770	1770
1771	1771
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1773	1773
1774	1774
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1776	1776	HB3483 - 50 - LRB104 11016 SPS 21098 b
1777	1777	1 penal agencies; except that the identities of
1778	1778	2 witnesses to traffic crashes, traffic crash reports,
1779	1779	3 and rescue reports shall be provided by agencies of
1780	1780	4 local government, except when disclosure would
1781	1781	5 interfere with an active criminal investigation
1782	1782	6 conducted by the agency that is the recipient of the
1783	1783	7 request;
1784	1784	8 (v) disclose unique or specialized investigative
1785	1785	9 techniques other than those generally used and known
1786	1786	10 or disclose internal documents of correctional
1787	1787	11 agencies related to detection, observation, or
1788	1788	12 investigation of incidents of crime or misconduct, and
1789	1789	13 disclosure would result in demonstrable harm to the
1790	1790	14 agency or public body that is the recipient of the
1791	1791	15 request;
1792	1792	16 (vi) endanger the life or physical safety of law
1793	1793	17 enforcement personnel or any other person; or
1794	1794	18 (vii) obstruct an ongoing criminal investigation
1795	1795	19 by the agency that is the recipient of the request.
1796	1796	20 (d-5) A law enforcement record created for law
1797	1797	21 enforcement purposes and contained in a shared electronic
1798	1798	22 record management system if the law enforcement agency
1799	1799	23 that is the recipient of the request did not create the
1800	1800	24 record, did not participate in or have a role in any of the
1801	1801	25 events which are the subject of the record, and only has
1802	1802	26 access to the record through the shared electronic record
1803	1803
1804	1804
1805	1805
1806	1806
1807	1807
1808	1808	HB3483 - 50 - LRB104 11016 SPS 21098 b
1809	1809
1810	1810
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1812	1812	HB3483 - 51 - LRB104 11016 SPS 21098 b
1813	1813	1 management system.
1814	1814	2 (d-6) Records contained in the Officer Professional
1815	1815	3 Conduct Database under Section 9.2 of the Illinois Police
1816	1816	4 Training Act, except to the extent authorized under that
1817	1817	5 Section. This includes the documents supplied to the
1818	1818	6 Illinois Law Enforcement Training Standards Board from the
1819	1819	7 Illinois State Police and Illinois State Police Merit
1820	1820	8 Board.
1821	1821	9 (d-7) Information gathered or records created from the
1822	1822	10 use of automatic license plate readers in connection with
1823	1823	11 Section 2-130 of the Illinois Vehicle Code.
1824	1824	12 (e) Records that relate to or affect the security of
1825	1825	13 correctional institutions and detention facilities.
1826	1826	14 (e-5) Records requested by persons committed to the
1827	1827	15 Department of Corrections, Department of Human Services
1828	1828	16 Division of Mental Health, or a county jail if those
1829	1829	17 materials are available in the library of the correctional
1830	1830	18 institution or facility or jail where the inmate is
1831	1831	19 confined.
1832	1832	20 (e-6) Records requested by persons committed to the
1833	1833	21 Department of Corrections, Department of Human Services
1834	1834	22 Division of Mental Health, or a county jail if those
1835	1835	23 materials include records from staff members' personnel
1836	1836	24 files, staff rosters, or other staffing assignment
1837	1837	25 information.
1838	1838	26 (e-7) Records requested by persons committed to the
1839	1839
1840	1840
1841	1841
1842	1842
1843	1843
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1845	1845
1846	1846
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1848	1848	HB3483 - 52 - LRB104 11016 SPS 21098 b
1849	1849	1 Department of Corrections or Department of Human Services
1850	1850	2 Division of Mental Health if those materials are available
1851	1851	3 through an administrative request to the Department of
1852	1852	4 Corrections or Department of Human Services Division of
1853	1853	5 Mental Health.
1854	1854	6 (e-8) Records requested by a person committed to the
1855	1855	7 Department of Corrections, Department of Human Services
1856	1856	8 Division of Mental Health, or a county jail, the
1857	1857	9 disclosure of which would result in the risk of harm to any
1858	1858	10 person or the risk of an escape from a jail or correctional
1859	1859	11 institution or facility.
1860	1860	12 (e-9) Records requested by a person in a county jail
1861	1861	13 or committed to the Department of Corrections or
1862	1862	14 Department of Human Services Division of Mental Health,
1863	1863	15 containing personal information pertaining to the person's
1864	1864	16 victim or the victim's family, including, but not limited
1865	1865	17 to, a victim's home address, home telephone number, work
1866	1866	18 or school address, work telephone number, social security
1867	1867	19 number, or any other identifying information, except as
1868	1868	20 may be relevant to a requester's current or potential case
1869	1869	21 or claim.
1870	1870	22 (e-10) Law enforcement records of other persons
1871	1871	23 requested by a person committed to the Department of
1872	1872	24 Corrections, Department of Human Services Division of
1873	1873	25 Mental Health, or a county jail, including, but not
1874	1874	26 limited to, arrest and booking records, mug shots, and
1875	1875
1876	1876
1877	1877
1878	1878
1879	1879
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1881	1881
1882	1882
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1885	1885	1 crime scene photographs, except as these records may be
1886	1886	2 relevant to the requester's current or potential case or
1887	1887	3 claim.
1888	1888	4 (f) Preliminary drafts, notes, recommendations,
1889	1889	5 memoranda, and other records in which opinions are
1890	1890	6 expressed, or policies or actions are formulated, except
1891	1891	7 that a specific record or relevant portion of a record
1892	1892	8 shall not be exempt when the record is publicly cited and
1893	1893	9 identified by the head of the public body. The exemption
1894	1894	10 provided in this paragraph (f) extends to all those
1895	1895	11 records of officers and agencies of the General Assembly
1896	1896	12 that pertain to the preparation of legislative documents.
1897	1897	13 (g) Trade secrets and commercial or financial
1898	1898	14 information obtained from a person or business where the
1899	1899	15 trade secrets or commercial or financial information are
1900	1900	16 furnished under a claim that they are proprietary,
1901	1901	17 privileged, or confidential, and that disclosure of the
1902	1902	18 trade secrets or commercial or financial information would
1903	1903	19 cause competitive harm to the person or business, and only
1904	1904	20 insofar as the claim directly applies to the records
1905	1905	21 requested.
1906	1906	22 The information included under this exemption includes
1907	1907	23 all trade secrets and commercial or financial information
1908	1908	24 obtained by a public body, including a public pension
1909	1909	25 fund, from a private equity fund or a privately held
1910	1910	26 company within the investment portfolio of a private
1911	1911
1912	1912
1913	1913
1914	1914
1915	1915
1916	1916	HB3483 - 53 - LRB104 11016 SPS 21098 b
1917	1917
1918	1918
1919	1919	HB3483- 54 -LRB104 11016 SPS 21098 b HB3483 - 54 - LRB104 11016 SPS 21098 b
1920	1920	HB3483 - 54 - LRB104 11016 SPS 21098 b
1921	1921	1 equity fund as a result of either investing or evaluating
1922	1922	2 a potential investment of public funds in a private equity
1923	1923	3 fund. The exemption contained in this item does not apply
1924	1924	4 to the aggregate financial performance information of a
1925	1925	5 private equity fund, nor to the identity of the fund's
1926	1926	6 managers or general partners. The exemption contained in
1927	1927	7 this item does not apply to the identity of a privately
1928	1928	8 held company within the investment portfolio of a private
1929	1929	9 equity fund, unless the disclosure of the identity of a
1930	1930	10 privately held company may cause competitive harm.
1931	1931	11 Nothing contained in this paragraph (g) shall be
1932	1932	12 construed to prevent a person or business from consenting
1933	1933	13 to disclosure.
1934	1934	14 (h) Proposals and bids for any contract, grant, or
1935	1935	15 agreement, including information which if it were
1936	1936	16 disclosed would frustrate procurement or give an advantage
1937	1937	17 to any person proposing to enter into a contractor
1938	1938	18 agreement with the body, until an award or final selection
1939	1939	19 is made. Information prepared by or for the body in
1940	1940	20 preparation of a bid solicitation shall be exempt until an
1941	1941	21 award or final selection is made.
1942	1942	22 (i) Valuable formulae, computer geographic systems,
1943	1943	23 designs, drawings, and research data obtained or produced
1944	1944	24 by any public body when disclosure could reasonably be
1945	1945	25 expected to produce private gain or public loss. The
1946	1946	26 exemption for "computer geographic systems" provided in
1947	1947
1948	1948
1949	1949
1950	1950
1951	1951
1952	1952	HB3483 - 54 - LRB104 11016 SPS 21098 b
1953	1953
1954	1954
1955	1955	HB3483- 55 -LRB104 11016 SPS 21098 b HB3483 - 55 - LRB104 11016 SPS 21098 b
1956	1956	HB3483 - 55 - LRB104 11016 SPS 21098 b
1957	1957	1 this paragraph (i) does not extend to requests made by
1958	1958	2 news media as defined in Section 2 of this Act when the
1959	1959	3 requested information is not otherwise exempt and the only
1960	1960	4 purpose of the request is to access and disseminate
1961	1961	5 information regarding the health, safety, welfare, or
1962	1962	6 legal rights of the general public.
1963	1963	7 (j) The following information pertaining to
1964	1964	8 educational matters:
1965	1965	9 (i) test questions, scoring keys, and other
1966	1966	10 examination data used to administer an academic
1967	1967	11 examination;
1968	1968	12 (ii) information received by a primary or
1969	1969	13 secondary school, college, or university under its
1970	1970	14 procedures for the evaluation of faculty members by
1971	1971	15 their academic peers;
1972	1972	16 (iii) information concerning a school or
1973	1973	17 university's adjudication of student disciplinary
1974	1974	18 cases, but only to the extent that disclosure would
1975	1975	19 unavoidably reveal the identity of the student; and
1976	1976	20 (iv) course materials or research materials used
1977	1977	21 by faculty members.
1978	1978	22 (k) Architects' plans, engineers' technical
1979	1979	23 submissions, and other construction related technical
1980	1980	24 documents for projects not constructed or developed in
1981	1981	25 whole or in part with public funds and the same for
1982	1982	26 projects constructed or developed with public funds,
1983	1983
1984	1984
1985	1985
1986	1986
1987	1987
1988	1988	HB3483 - 55 - LRB104 11016 SPS 21098 b
1989	1989
1990	1990
1991	1991	HB3483- 56 -LRB104 11016 SPS 21098 b HB3483 - 56 - LRB104 11016 SPS 21098 b
1992	1992	HB3483 - 56 - LRB104 11016 SPS 21098 b
1993	1993	1 including, but not limited to, power generating and
1994	1994	2 distribution stations and other transmission and
1995	1995	3 distribution facilities, water treatment facilities,
1996	1996	4 airport facilities, sport stadiums, convention centers,
1997	1997	5 and all government owned, operated, or occupied buildings,
1998	1998	6 but only to the extent that disclosure would compromise
1999	1999	7 security.
2000	2000	8 (l) Minutes of meetings of public bodies closed to the
2001	2001	9 public as provided in the Open Meetings Act until the
2002	2002	10 public body makes the minutes available to the public
2003	2003	11 under Section 2.06 of the Open Meetings Act.
2004	2004	12 (m) Communications between a public body and an
2005	2005	13 attorney or auditor representing the public body that
2006	2006	14 would not be subject to discovery in litigation, and
2007	2007	15 materials prepared or compiled by or for a public body in
2008	2008	16 anticipation of a criminal, civil, or administrative
2009	2009	17 proceeding upon the request of an attorney advising the
2010	2010	18 public body, and materials prepared or compiled with
2011	2011	19 respect to internal audits of public bodies.
2012	2012	20 (n) Records relating to a public body's adjudication
2013	2013	21 of employee grievances or disciplinary cases; however,
2014	2014	22 this exemption shall not extend to the final outcome of
2015	2015	23 cases in which discipline is imposed.
2016	2016	24 (o) Administrative or technical information associated
2017	2017	25 with automated data processing operations, including, but
2018	2018	26 not limited to, software, operating protocols, computer
2019	2019
2020	2020
2021	2021
2022	2022
2023	2023
2024	2024	HB3483 - 56 - LRB104 11016 SPS 21098 b
2025	2025
2026	2026
2027	2027	HB3483- 57 -LRB104 11016 SPS 21098 b HB3483 - 57 - LRB104 11016 SPS 21098 b
2028	2028	HB3483 - 57 - LRB104 11016 SPS 21098 b
2029	2029	1 program abstracts, file layouts, source listings, object
2030	2030	2 modules, load modules, user guides, documentation
2031	2031	3 pertaining to all logical and physical design of
2032	2032	4 computerized systems, employee manuals, and any other
2033	2033	5 information that, if disclosed, would jeopardize the
2034	2034	6 security of the system or its data or the security of
2035	2035	7 materials exempt under this Section.
2036	2036	8 (p) Records relating to collective negotiating matters
2037	2037	9 between public bodies and their employees or
2038	2038	10 representatives, except that any final contract or
2039	2039	11 agreement shall be subject to inspection and copying.
2040	2040	12 (q) Test questions, scoring keys, and other
2041	2041	13 examination data used to determine the qualifications of
2042	2042	14 an applicant for a license or employment.
2043	2043	15 (r) The records, documents, and information relating
2044	2044	16 to real estate purchase negotiations until those
2045	2045	17 negotiations have been completed or otherwise terminated.
2046	2046	18 With regard to a parcel involved in a pending or actually
2047	2047	19 and reasonably contemplated eminent domain proceeding
2048	2048	20 under the Eminent Domain Act, records, documents, and
2049	2049	21 information relating to that parcel shall be exempt except
2050	2050	22 as may be allowed under discovery rules adopted by the
2051	2051	23 Illinois Supreme Court. The records, documents, and
2052	2052	24 information relating to a real estate sale shall be exempt
2053	2053	25 until a sale is consummated.
2054	2054	26 (s) Any and all proprietary information and records
2055	2055
2056	2056
2057	2057
2058	2058
2059	2059
2060	2060	HB3483 - 57 - LRB104 11016 SPS 21098 b
2061	2061
2062	2062
2063	2063	HB3483- 58 -LRB104 11016 SPS 21098 b HB3483 - 58 - LRB104 11016 SPS 21098 b
2064	2064	HB3483 - 58 - LRB104 11016 SPS 21098 b
2065	2065	1 related to the operation of an intergovernmental risk
2066	2066	2 management association or self-insurance pool or jointly
2067	2067	3 self-administered health and accident cooperative or pool.
2068	2068	4 Insurance or self-insurance (including any
2069	2069	5 intergovernmental risk management association or
2070	2070	6 self-insurance pool) claims, loss or risk management
2071	2071	7 information, records, data, advice, or communications.
2072	2072	8 (t) Information contained in or related to
2073	2073	9 examination, operating, or condition reports prepared by,
2074	2074	10 on behalf of, or for the use of a public body responsible
2075	2075	11 for the regulation or supervision of financial
2076	2076	12 institutions, insurance companies, or pharmacy benefit
2077	2077	13 managers, unless disclosure is otherwise required by State
2078	2078	14 law.
2079	2079	15 (u) Information that would disclose or might lead to
2080	2080	16 the disclosure of secret or confidential information,
2081	2081	17 codes, algorithms, programs, or private keys intended to
2082	2082	18 be used to create electronic signatures under the Uniform
2083	2083	19 Electronic Transactions Act.
2084	2084	20 (v) Vulnerability assessments, security measures, and
2085	2085	21 response policies or plans that are designed to identify,
2086	2086	22 prevent, or respond to potential attacks upon a
2087	2087	23 community's population or systems, facilities, or
2088	2088	24 installations, but only to the extent that disclosure
2089	2089	25 could reasonably be expected to expose the vulnerability
2090	2090	26 or jeopardize the effectiveness of the measures, policies,
2091	2091
2092	2092
2093	2093
2094	2094
2095	2095
2096	2096	HB3483 - 58 - LRB104 11016 SPS 21098 b
2097	2097
2098	2098
2099	2099	HB3483- 59 -LRB104 11016 SPS 21098 b HB3483 - 59 - LRB104 11016 SPS 21098 b
2100	2100	HB3483 - 59 - LRB104 11016 SPS 21098 b
2101	2101	1 or plans, or the safety of the personnel who implement
2102	2102	2 them or the public. Information exempt under this item may
2103	2103	3 include such things as details pertaining to the
2104	2104	4 mobilization or deployment of personnel or equipment, to
2105	2105	5 the operation of communication systems or protocols, to
2106	2106	6 cybersecurity vulnerabilities, or to tactical operations.
2107	2107	7 (w) (Blank).
2108	2108	8 (x) Maps and other records regarding the location or
2109	2109	9 security of generation, transmission, distribution,
2110	2110	10 storage, gathering, treatment, or switching facilities
2111	2111	11 owned by a utility, by a power generator, or by the
2112	2112	12 Illinois Power Agency.
2113	2113	13 (y) Information contained in or related to proposals,
2114	2114	14 bids, or negotiations related to electric power
2115	2115	15 procurement under Section 1-75 of the Illinois Power
2116	2116	16 Agency Act and Section 16-111.5 of the Public Utilities
2117	2117	17 Act that is determined to be confidential and proprietary
2118	2118	18 by the Illinois Power Agency or by the Illinois Commerce
2119	2119	19 Commission.
2120	2120	20 (z) Information about students exempted from
2121	2121	21 disclosure under Section 10-20.38 or 34-18.29 of the
2122	2122	22 School Code, and information about undergraduate students
2123	2123	23 enrolled at an institution of higher education exempted
2124	2124	24 from disclosure under Section 25 of the Illinois Credit
2125	2125	25 Card Marketing Act of 2009.
2126	2126	26 (aa) Information the disclosure of which is exempted
2127	2127
2128	2128
2129	2129
2130	2130
2131	2131
2132	2132	HB3483 - 59 - LRB104 11016 SPS 21098 b
2133	2133
2134	2134
2135	2135	HB3483- 60 -LRB104 11016 SPS 21098 b HB3483 - 60 - LRB104 11016 SPS 21098 b
2136	2136	HB3483 - 60 - LRB104 11016 SPS 21098 b
2137	2137	1 under the Viatical Settlements Act of 2009.
2138	2138	2 (bb) Records and information provided to a mortality
2139	2139	3 review team and records maintained by a mortality review
2140	2140	4 team appointed under the Department of Juvenile Justice
2141	2141	5 Mortality Review Team Act.
2142	2142	6 (cc) Information regarding interments, entombments, or
2143	2143	7 inurnments of human remains that are submitted to the
2144	2144	8 Cemetery Oversight Database under the Cemetery Care Act or
2145	2145	9 the Cemetery Oversight Act, whichever is applicable.
2146	2146	10 (dd) Correspondence and records (i) that may not be
2147	2147	11 disclosed under Section 11-9 of the Illinois Public Aid
2148	2148	12 Code or (ii) that pertain to appeals under Section 11-8 of
2149	2149	13 the Illinois Public Aid Code.
2150	2150	14 (ee) The names, addresses, or other personal
2151	2151	15 information of persons who are minors and are also
2152	2152	16 participants and registrants in programs of park
2153	2153	17 districts, forest preserve districts, conservation
2154	2154	18 districts, recreation agencies, and special recreation
2155	2155	19 associations.
2156	2156	20 (ff) The names, addresses, or other personal
2157	2157	21 information of participants and registrants in programs of
2158	2158	22 park districts, forest preserve districts, conservation
2159	2159	23 districts, recreation agencies, and special recreation
2160	2160	24 associations where such programs are targeted primarily to
2161	2161	25 minors.
2162	2162	26 (gg) Confidential information described in Section
2163	2163
2164	2164
2165	2165
2166	2166
2167	2167
2168	2168	HB3483 - 60 - LRB104 11016 SPS 21098 b
2169	2169
2170	2170
2171	2171	HB3483- 61 -LRB104 11016 SPS 21098 b HB3483 - 61 - LRB104 11016 SPS 21098 b
2172	2172	HB3483 - 61 - LRB104 11016 SPS 21098 b
2173	2173	1 1-100 of the Illinois Independent Tax Tribunal Act of
2174	2174	2 2012.
2175	2175	3 (hh) The report submitted to the State Board of
2176	2176	4 Education by the School Security and Standards Task Force
2177	2177	5 under item (8) of subsection (d) of Section 2-3.160 of the
2178	2178	6 School Code and any information contained in that report.
2179	2179	7 (ii) Records requested by persons committed to or
2180	2180	8 detained by the Department of Human Services under the
2181	2181	9 Sexually Violent Persons Commitment Act or committed to
2182	2182	10 the Department of Corrections under the Sexually Dangerous
2183	2183	11 Persons Act if those materials: (i) are available in the
2184	2184	12 library of the facility where the individual is confined;
2185	2185	13 (ii) include records from staff members' personnel files,
2186	2186	14 staff rosters, or other staffing assignment information;
2187	2187	15 or (iii) are available through an administrative request
2188	2188	16 to the Department of Human Services or the Department of
2189	2189	17 Corrections.
2190	2190	18 (jj) Confidential information described in Section
2191	2191	19 5-535 of the Civil Administrative Code of Illinois.
2192	2192	20 (kk) The public body's credit card numbers, debit card
2193	2193	21 numbers, bank account numbers, Federal Employer
2194	2194	22 Identification Number, security code numbers, passwords,
2195	2195	23 and similar account information, the disclosure of which
2196	2196	24 could result in identity theft or impression or defrauding
2197	2197	25 of a governmental entity or a person.
2198	2198	26 (ll) Records concerning the work of the threat
2199	2199
2200	2200
2201	2201
2202	2202
2203	2203
2204	2204	HB3483 - 61 - LRB104 11016 SPS 21098 b
2205	2205
2206	2206
2207	2207	HB3483- 62 -LRB104 11016 SPS 21098 b HB3483 - 62 - LRB104 11016 SPS 21098 b
2208	2208	HB3483 - 62 - LRB104 11016 SPS 21098 b
2209	2209	1 assessment team of a school district, including, but not
2210	2210	2 limited to, any threat assessment procedure under the
2211	2211	3 School Safety Drill Act and any information contained in
2212	2212	4 the procedure.
2213	2213	5 (mm) Information prohibited from being disclosed under
2214	2214	6 subsections (a) and (b) of Section 15 of the Student
2215	2215	7 Confidential Reporting Act.
2216	2216	8 (nn) Proprietary information submitted to the
2217	2217	9 Environmental Protection Agency under the Drug Take-Back
2218	2218	10 Act.
2219	2219	11 (oo) Records described in subsection (f) of Section
2220	2220	12 3-5-1 of the Unified Code of Corrections.
2221	2221	13 (pp) Any and all information regarding burials,
2222	2222	14 interments, or entombments of human remains as required to
2223	2223	15 be reported to the Department of Natural Resources
2224	2224	16 pursuant either to the Archaeological and Paleontological
2225	2225	17 Resources Protection Act or the Human Remains Protection
2226	2226	18 Act.
2227	2227	19 (qq) Reports described in subsection (e) of Section
2228	2228	20 16-15 of the Abortion Care Clinical Training Program Act.
2229	2229	21 (rr) Information obtained by a certified local health
2230	2230	22 department under the Access to Public Health Data Act.
2231	2231	23 (ss) For a request directed to a public body that is
2232	2232	24 also a HIPAA-covered entity, all information that is
2233	2233	25 protected health information, including demographic
2234	2234	26 information, that may be contained within or extracted
2235	2235
2236	2236
2237	2237
2238	2238
2239	2239
2240	2240	HB3483 - 62 - LRB104 11016 SPS 21098 b
2241	2241
2242	2242
2243	2243	HB3483- 63 -LRB104 11016 SPS 21098 b HB3483 - 63 - LRB104 11016 SPS 21098 b
2244	2244	HB3483 - 63 - LRB104 11016 SPS 21098 b
2245	2245	1 from any record held by the public body in compliance with
2246	2246	2 State and federal medical privacy laws and regulations,
2247	2247	3 including, but not limited to, the Health Insurance
2248	2248	4 Portability and Accountability Act and its regulations, 45
2249	2249	5 CFR Parts 160 and 164. As used in this paragraph,
2250	2250	6 "HIPAA-covered entity" has the meaning given to the term
2251	2251	7 "covered entity" in 45 CFR 160.103 and "protected health
2252	2252	8 information" has the meaning given to that term in 45 CFR
2253	2253	9 160.103.
2254	2254	10 (tt) Proposals or bids submitted by engineering
2255	2255	11 consultants in response to requests for proposal or other
2256	2256	12 competitive bidding requests by the Department of
2257	2257	13 Transportation or the Illinois Toll Highway Authority.
2258	2258	14 (uu) Confidential information described in subsection
2259	2259	15 (e) of Section 15 of the Paid Family and Medical Leave
2260	2260	16 Insurance Program Act.
2261	2261	17 (1.5) Any information exempt from disclosure under the
2262	2262	18 Judicial Privacy Act shall be redacted from public records
2263	2263	19 prior to disclosure under this Act.
2264	2264	20 (2) A public record that is not in the possession of a
2265	2265	21 public body but is in the possession of a party with whom the
2266	2266	22 agency has contracted to perform a governmental function on
2267	2267	23 behalf of the public body, and that directly relates to the
2268	2268	24 governmental function and is not otherwise exempt under this
2269	2269	25 Act, shall be considered a public record of the public body,
2270	2270	26 for purposes of this Act.
2271	2271
2272	2272
2273	2273
2274	2274
2275	2275
2276	2276	HB3483 - 63 - LRB104 11016 SPS 21098 b
2277	2277
2278	2278
2279	2279	HB3483- 64 -LRB104 11016 SPS 21098 b HB3483 - 64 - LRB104 11016 SPS 21098 b
2280	2280	HB3483 - 64 - LRB104 11016 SPS 21098 b
2281	2281	1 (3) This Section does not authorize withholding of
2282	2282	2 information or limit the availability of records to the
2283	2283	3 public, except as stated in this Section or otherwise provided
2284	2284	4 in this Act.
2285	2285	5 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
2286	2286	6 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
2287	2287	7 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
2288	2288	8 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
2289	2289	9 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
2290	2290	10 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
2291	2291	11 eff. 7-1-24; 103-865, eff. 1-1-25.)
2292	2292	12 Section 905. The State Finance Act is amended by adding
2293	2293	13 Section 5.1030 as follows:
2294	2294	14 (30 ILCS 105/5.1030 new)
2295	2295	15 Sec. 5.1030. The Paid Family and Medical Leave Insurance
2296	2296	16 Program Fund.
2297	2297
2298	2298
2299	2299
2300	2300
2301	2301
2302	2302	HB3483 - 64 - LRB104 11016 SPS 21098 b