Bill Amendment: IL SB0858 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FREEDOM TO WORK-LOW WAGE
Status: 2017-08-18 - Public Act . . . . . . . . . 100-0225 [SB0858 Detail]
Download: Illinois-2017-SB0858-House_Amendment_001.html
Bill Title: FREEDOM TO WORK-LOW WAGE
Status: 2017-08-18 - Public Act . . . . . . . . . 100-0225 [SB0858 Detail]
Download: Illinois-2017-SB0858-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 858
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2 | AMENDMENT NO. ______. Amend Senate Bill 858 on page 1, by | ||||||
3 | replacing line 4 with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Prohibition of Contracts in Restraint of Trade Act.
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6 | Section 5. Policy and intent. Current estimates suggest 20% | ||||||
7 | of employees in the United States have restrictions on job | ||||||
8 | movement created by non-compete clauses in their employment | ||||||
9 | contracts. | ||||||
10 | The free movement of labor has the positive effects of: | ||||||
11 | increasing competition in the labor market; increasing wages; | ||||||
12 | improving career satisfaction; developing regional economic | ||||||
13 | clusters; and increasing economic growth through more rapid | ||||||
14 | diffusion of expertise. | ||||||
15 | The public policy and intent of this Act is to allow | ||||||
16 | workers in Illinois maximum freedom to change employers.
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1 | Section 10. Definitions. In this Act: | ||||||
2 | "Business entity" means a partnership (including a limited | ||||||
3 | partnership or a limited liability partnership), limited | ||||||
4 | liability company (including a series of a limited liability | ||||||
5 | company formed under the laws of a jurisdiction that recognizes | ||||||
6 | such a series), or corporation. | ||||||
7 | "Owner of a business entity" means a partner, in the case | ||||||
8 | of a business entity that is a partnership (including a limited | ||||||
9 | partnership or a limited liability partnership), or a member, | ||||||
10 | in the case of a business entity that is a limited liability | ||||||
11 | company (including a series of a limited liability company | ||||||
12 | formed under the laws of a jurisdiction that recognizes such a | ||||||
13 | series), or an owner of capital stock, in the case of a | ||||||
14 | business entity that is a corporation. | ||||||
15 | "Ownership interest" means a partnership interest, in the | ||||||
16 | case of a business entity that is a partnership (including a | ||||||
17 | limited partnership a limited liability partnership), a | ||||||
18 | membership interest, in the case of a business entity that is a | ||||||
19 | limited liability company (including a series of a limited | ||||||
20 | liability company formed under the laws of a jurisdiction that | ||||||
21 | recognizes such a series), or a capital stockholder, in the | ||||||
22 | case of a business entity that is a corporation. | ||||||
23 | "Subsidiary" means a business entity over which the selling | ||||||
24 | business entity has voting control or from which the selling | ||||||
25 | business entity has a right to receive a majority share of |
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1 | distributions upon dissolution or other liquidation of the | ||||||
2 | business entity (or has both voting control and a right to | ||||||
3 | receive these distributions).
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4 | Section 15. Certain contracts void. Except as provided in | ||||||
5 | this Act, any contract by which anyone is restrained from | ||||||
6 | engaging in a lawful profession, trade, or business of any kind | ||||||
7 | is to that extent void.
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8 | Section 20. Sale of business; agreement not to compete. A | ||||||
9 | person who sells the goodwill of a business, an owner of a | ||||||
10 | business entity selling or otherwise disposing of all of his or | ||||||
11 | her ownership interest in the business entity, or an owner of a | ||||||
12 | business entity that sells (1) all or substantially all of its | ||||||
13 | operating assets together with the goodwill of the business | ||||||
14 | entity, (2) all or substantially all of the operating assets of | ||||||
15 | a division or a subsidiary of the business entity together with | ||||||
16 | the goodwill of that division or subsidiary, or (3) all of the | ||||||
17 | ownership interest of any subsidiary may agree with the buyer | ||||||
18 | to refrain from carrying on a similar business within a | ||||||
19 | specified geographic area in which the business so sold, or | ||||||
20 | that of the business entity, division, or subsidiary has been | ||||||
21 | carried on, so long as the buyer, or any person deriving title | ||||||
22 | to the goodwill or ownership interest from the buyer, carries | ||||||
23 | on a like business therein.
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1 | Section 25. Activities of partners. | ||||||
2 | (a) A partner may, upon or in anticipation of any of the | ||||||
3 | circumstances described in subsection (b), agree that the | ||||||
4 | partner will not carry on a similar business within a specified | ||||||
5 | geographic area where the partnership business has been | ||||||
6 | transacted, so long as any other member of the partnership, or | ||||||
7 | any person deriving title to the business or its goodwill from | ||||||
8 | any such other member of the partnership, carries on a like | ||||||
9 | business therein. | ||||||
10 | (b) Subsection (a) applies to: | ||||||
11 | (1) a dissolution of the partnership; or | ||||||
12 | (2) dissociation of the partner from the partnership.
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13 | Section 30. Activities of members; limited liability | ||||||
14 | companies. A member may, upon or in anticipation of a | ||||||
15 | dissolution of, or the termination of the member's interest in, | ||||||
16 | a limited liability company (including a series of a limited | ||||||
17 | liability company formed under the laws of a jurisdiction | ||||||
18 | recognizing such a series), agree that the member will not | ||||||
19 | carry on a similar business within a specified geographic area | ||||||
20 | where the limited liability company business has been | ||||||
21 | transacted, so long as any other member of the limited | ||||||
22 | liability company, or any person deriving title to the business | ||||||
23 | or its goodwill from any such other member of the limited | ||||||
24 | liability company, carries on a like business therein.
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1 | Section 35. Protections for trade secrets. Nothing in this | ||||||
2 | Act is intended to supersede the Illinois Trade Secrets Act, | ||||||
3 | nor is this Act intended to interfere with remedies for | ||||||
4 | misappropriation of trade secrets under the Illinois Trade | ||||||
5 | Secrets Act.
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6 | Section 40. Broadcast Industry Free Market Act; rules | ||||||
7 | governing attorney conduct. Nothing in this Act is intended to | ||||||
8 | supersede the Broadcast Industry Free Market Act or any rules | ||||||
9 | adopted by the Supreme Court of the State of Illinois governing | ||||||
10 | attorney conduct.
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11 | Section 45. Telephone answering service; customer list. | ||||||
12 | The customer list, including the names, addresses, and identity | ||||||
13 | of customers, of a telephone answering service constitutes a | ||||||
14 | trade secret and confidential information of, and belong to, | ||||||
15 | the owner of the telephone answering service.
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16 | Section 50. Employment agency; customer list. | ||||||
17 | (a) Except as provided in subsection (b), the customer | ||||||
18 | list, including the names, addresses and identity of all | ||||||
19 | employer customers who have listed job orders with an | ||||||
20 | employment agency within a period of 180 days prior to the | ||||||
21 | separation of an employee from the agency and including the | ||||||
22 | names, addresses, and identity of all applicant customers of | ||||||
23 | the employment agency, constitutes a trade secret and |
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1 | confidential information of, and belong to, the employment | ||||||
2 | agency. | ||||||
3 | (b) Notwithstanding the provisions of subsection (a), no | ||||||
4 | liability shall attach to, and no cause of action shall arise | ||||||
5 | from, the use of a customer list of an employment agency by a | ||||||
6 | former employee who enters into business as an employment | ||||||
7 | agency more than one year immediately following termination of | ||||||
8 | his or her employment.
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9 | Section 55. Limitation on applicability of Act. The | ||||||
10 | prohibitions applicable to non-compete agreements contained in | ||||||
11 | this Act apply only to employment contracts covering employees | ||||||
12 | earning less than $1,000,000 annually per calendar year from | ||||||
13 | any combination of salary, benefits, equity, commissions, | ||||||
14 | bonuses, or other forms of compensation.
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15 | Section 90. The Illinois Freedom to Work Act is amended | ||||||
16 | by".
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