Bill Amendment: IL HB4317 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MECHANICS LIEN-WRITTEN NOTICE
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4317 Detail]
Download: Illinois-2023-HB4317-Senate_Amendment_001.html
Bill Title: MECHANICS LIEN-WRITTEN NOTICE
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4317 Detail]
Download: Illinois-2023-HB4317-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4317 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4317 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Genetic Information Privacy Act is amended | ||||||
5 | by changing Section 25 as follows:
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6 | (410 ILCS 513/25) | ||||||
7 | Sec. 25. Use of genetic testing information by employers. | ||||||
8 | (a) An employer, employment agency, labor organization, | ||||||
9 | and licensing agency shall treat genetic testing and genetic | ||||||
10 | information in such a manner that is consistent with the | ||||||
11 | requirements of federal law, including but not limited to the | ||||||
12 | Genetic Information Nondiscrimination Act of 2008, the | ||||||
13 | Americans with Disabilities Act, Title VII of the Civil Rights | ||||||
14 | Act of 1964, the Family and Medical Leave Act of 1993, the | ||||||
15 | Occupational Safety and Health Act of 1970, the Federal Mine | ||||||
16 | Safety and Health Act of 1977, or the Atomic Energy Act of |
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1 | 1954. | ||||||
2 | (b) An employer may release genetic testing information | ||||||
3 | only in accordance with this Act. | ||||||
4 | (c) An employer, employment agency, labor organization, | ||||||
5 | and licensing agency shall not directly or indirectly do any | ||||||
6 | of the following: | ||||||
7 | (1) except as set forth in subsection (f-5), solicit, | ||||||
8 | request, require or purchase genetic testing or genetic | ||||||
9 | information of a person or a family member of the person, | ||||||
10 | or administer a genetic test to a person or a family member | ||||||
11 | of the person as a condition of employment, preemployment | ||||||
12 | application, labor organization membership, or licensure; | ||||||
13 | (2) affect the terms, conditions, or privileges of | ||||||
14 | employment, preemployment application, labor organization | ||||||
15 | membership, or licensure, or terminate the employment, | ||||||
16 | labor organization membership, or licensure of any person | ||||||
17 | because of genetic testing or genetic information with | ||||||
18 | respect to the employee or family member, or information | ||||||
19 | about a request for or the receipt of genetic testing by | ||||||
20 | such employee or family member of such employee; | ||||||
21 | (3) limit, segregate, or classify employees in any way | ||||||
22 | that would deprive or tend to deprive any employee of | ||||||
23 | employment opportunities or otherwise adversely affect the | ||||||
24 | status of the employee as an employee because of genetic | ||||||
25 | testing or genetic information with respect to the | ||||||
26 | employee or a family member, or information about a |
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1 | request for or the receipt of genetic testing or genetic | ||||||
2 | information by such employee or family member of such | ||||||
3 | employee; and | ||||||
4 | (4) retaliate through discharge or in any other manner | ||||||
5 | against any person alleging a violation of this Act or | ||||||
6 | participating in any manner in a proceeding under this | ||||||
7 | Act. | ||||||
8 | (d) An agreement between a person and an employer, | ||||||
9 | prospective employer, employment agency, labor organization, | ||||||
10 | or licensing agency, or its employees, agents, or members | ||||||
11 | offering the person employment, labor organization membership, | ||||||
12 | licensure, or any pay or benefit in return for taking a genetic | ||||||
13 | test is prohibited. | ||||||
14 | (e) An employer shall not use genetic information or | ||||||
15 | genetic testing in furtherance of a workplace wellness program | ||||||
16 | benefiting employees unless (1) health or genetic services are | ||||||
17 | offered by the employer, (2) the employee provides written | ||||||
18 | authorization in accordance with Section 30 of this Act, (3) | ||||||
19 | only the employee or family member if the family member is | ||||||
20 | receiving genetic services and the licensed health care | ||||||
21 | professional or licensed genetic counselor involved in | ||||||
22 | providing such services receive individually identifiable | ||||||
23 | information concerning the results of such services, and (4) | ||||||
24 | any individually identifiable information is only available | ||||||
25 | for purposes of such services and shall not be disclosed to the | ||||||
26 | employer except in aggregate terms that do not disclose the |
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1 | identity of specific employees. An employer shall not penalize | ||||||
2 | an employee who does not disclose his or her genetic | ||||||
3 | information or does not choose to participate in a program | ||||||
4 | requiring disclosure of the employee's genetic information. | ||||||
5 | (f) Nothing in this Act shall be construed to prohibit | ||||||
6 | genetic testing of an employee who requests a genetic test and | ||||||
7 | who provides written authorization, in accordance with Section | ||||||
8 | 30 of this Act, from taking a genetic test for the purpose of | ||||||
9 | initiating a workers' compensation claim under the Workers' | ||||||
10 | Compensation Act. | ||||||
11 | (f-5) Nothing in this Act shall be construed to prohibit | ||||||
12 | an employer or potential employer from requiring a job | ||||||
13 | candidate or existing employee to participate in a | ||||||
14 | pre-employment physical examination or an employment-related | ||||||
15 | physical examination, including an examination that asks | ||||||
16 | questions regarding familial medical background or genetic | ||||||
17 | information, so long as: | ||||||
18 | (1) the job candidate or employee has consented, in | ||||||
19 | writing, to participate in such physical examination; and | ||||||
20 | (2) no genetic information is provided or made | ||||||
21 | available to the employer or potential employer or used by | ||||||
22 | the employer or potential employer to make any | ||||||
23 | employment-related decisions other than to determine an | ||||||
24 | employee's or job candidate's fitness to work or ability | ||||||
25 | to perform the required job duties. | ||||||
26 | Not later than 6 months after the effective date of this |
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1 | amendatory Act of the 103rd General Assembly, if a | ||||||
2 | pre-employment physical examination or employment-related | ||||||
3 | physical examination will collect genetic information, a | ||||||
4 | consent form that clearly and in plain language explains the | ||||||
5 | rights of an individual under this Act, including this | ||||||
6 | Section, must be provided by the employer or potential | ||||||
7 | employer in writing and signed by the individual. | ||||||
8 | (g) A purchase of commercially and publicly available | ||||||
9 | documents, including newspapers, magazines, periodicals, and | ||||||
10 | books but not including medical databases or court records or | ||||||
11 | inadvertently requesting family medical history by an | ||||||
12 | employer, employment agency, labor organization, and licensing | ||||||
13 | agency does not violate this Act. | ||||||
14 | (h) Nothing in this Act shall be construed to prohibit an | ||||||
15 | employer that conducts DNA analysis for law enforcement | ||||||
16 | purposes as a forensic laboratory and that includes such | ||||||
17 | analysis in the Combined DNA Index System pursuant to the | ||||||
18 | federal Violent Crime Control and Law Enforcement Act of 1994 | ||||||
19 | from requesting or requiring genetic testing or genetic | ||||||
20 | information of such employer's employees, but only to the | ||||||
21 | extent that such genetic testing or genetic information is | ||||||
22 | used for analysis of DNA identification markers for quality | ||||||
23 | control to detect sample contamination. | ||||||
24 | (i) Nothing in this Act shall be construed to prohibit an | ||||||
25 | employer from requesting or requiring genetic information to | ||||||
26 | be used for genetic monitoring of the biological effects of |
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1 | toxic substances in the workplace, but only if (1) the | ||||||
2 | employer provides written notice of the genetic monitoring to | ||||||
3 | the employee; (2) the employee provides written authorization | ||||||
4 | under Section 30 of this Act or the genetic monitoring is | ||||||
5 | required by federal or State law; (3) the employee is informed | ||||||
6 | of individual monitoring results; (4) the monitoring is in | ||||||
7 | compliance with any federal genetic monitoring regulations or | ||||||
8 | State genetic monitoring regulations under the authority of | ||||||
9 | the federal Occupational Safety and Health Act of 1970; and | ||||||
10 | (5) the employer, excluding any health care provider, health | ||||||
11 | care professional, or health facility that is involved in the | ||||||
12 | genetic monitoring program, receives the results of the | ||||||
13 | monitoring only in aggregate terms that do not disclose the | ||||||
14 | identity of specific employees. | ||||||
15 | (j) Despite lawful acquisition of genetic testing or | ||||||
16 | genetic information under subsections (e) through (i) of this | ||||||
17 | Section, an employer, employment agency, labor organization, | ||||||
18 | and licensing agency still may not use or disclose the genetic | ||||||
19 | test or genetic information in violation of this Act. | ||||||
20 | (k) Except as provided in subsections (e), (f), (h), and | ||||||
21 | (i) of this Section, a person shall not knowingly sell to or | ||||||
22 | interpret for an employer, employment agency, labor | ||||||
23 | organization, or licensing agency, or its employees, agents, | ||||||
24 | or members, a genetic test of an employee, labor organization | ||||||
25 | member, or license holder, or of a prospective employee, | ||||||
26 | member, or license holder. |
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1 | (Source: P.A. 100-396, eff. 1-1-18 .)
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