Bill Text: IL SB4218 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the One Day Rest In Seven Act. Provides that in addition to the rest periods required under a specified provision of the Act, a law enforcement agency shall allow a law enforcement officer at least 24 consecutive hours of rest in either every consecutive 60-hour period or consecutive seven-day period, except while a disaster proclamation by the Governor is in effect.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-11-14 - Added as Co-Sponsor Sen. Robert F. Martwick [SB4218 Detail]
Download: Illinois-2021-SB4218-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The One Day Rest In Seven Act is amended by | |||||||||||||||||||||
5 | changing Sections 1 and 2 as follows:
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6 | (820 ILCS 140/1) (from Ch. 48, par. 8a)
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7 | Sec. 1.
The words and phrases mentioned in this section, | |||||||||||||||||||||
8 | as used in this Act,
and in proceedings pursuant hereto shall, | |||||||||||||||||||||
9 | unless the same be inconsistent
with the context, be construed | |||||||||||||||||||||
10 | as follows:
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11 | "Employer" shall mean a person, partnership, joint stock | |||||||||||||||||||||
12 | company or
corporation, which employs any person to work, | |||||||||||||||||||||
13 | labor or exercise skill in
connection with the operation of | |||||||||||||||||||||
14 | any business, industry, vocation or
occupation.
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15 | "Law enforcement agency" means all State agencies with law | |||||||||||||||||||||
16 | enforcement officers, county sheriff's offices, municipal, | |||||||||||||||||||||
17 | special district, college, unit of local government police | |||||||||||||||||||||
18 | departments, or any other entity authorized by law to employ | |||||||||||||||||||||
19 | peace officers or exercise police authority and who is | |||||||||||||||||||||
20 | primarily responsible for the prevention or detection of crime | |||||||||||||||||||||
21 | and the enforcement of the laws of this State. | |||||||||||||||||||||
22 | "Law enforcement officer" means any person employed by a | |||||||||||||||||||||
23 | State, county, municipality, special district, college, unit |
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1 | of government, or any other entity authorized by law to employ | ||||||
2 | peace officers or exercise police authority and who is | ||||||
3 | primarily responsible for the prevention or detection of crime | ||||||
4 | and the enforcement of the laws of this State. | ||||||
5 | (Source: P.A. 78-917 .)
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6 | (820 ILCS 140/2) (from Ch. 48, par. 8b)
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7 | Sec. 2. Hours and days of rest in every calendar week. | ||||||
8 | (a) Every employer shall allow every employee except those | ||||||
9 | specified
in this
Section at least twenty-four consecutive | ||||||
10 | hours of rest in every calendar
week in addition to the regular | ||||||
11 | period of rest allowed at the close of each
working day.
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12 | A person employed as a domestic worker, as defined in | ||||||
13 | Section 10 of the Domestic Workers' Bill of Rights Act, shall | ||||||
14 | be allowed at least 24 consecutive hours of rest in every | ||||||
15 | calendar week. This subsection (a) does not prohibit a | ||||||
16 | domestic worker from voluntarily agreeing to work on such day | ||||||
17 | of rest required by this subsection (a) if the worker is | ||||||
18 | compensated at the overtime rate for all hours worked on such | ||||||
19 | day of rest. The day of rest authorized under this subsection | ||||||
20 | (a) should, whenever possible, coincide with the traditional | ||||||
21 | day reserved by the domestic worker for religious worship. | ||||||
22 | (b) Subsection (a) does not apply to the following:
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23 | (1) Part-time employees whose total work hours for one | ||||||
24 | employer during a
calendar week do not exceed 20; and
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25 | (2) Employees needed in case of breakdown of machinery |
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1 | or equipment or
other emergency requiring the immediate | ||||||
2 | services of experienced and
competent labor to prevent | ||||||
3 | injury to person, damage to property, or
suspension of | ||||||
4 | necessary operation; and
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5 | (3) Employees employed in agriculture or coal mining; | ||||||
6 | and
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7 | (4) Employees engaged in the occupation of canning and | ||||||
8 | processing
perishable agricultural products, if such | ||||||
9 | employees are employed by an
employer in such occupation | ||||||
10 | on a seasonal basis and for not more than 20
weeks during | ||||||
11 | any calendar year or 12 month period; and
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12 | (5) Employees employed as watchmen or security guards; | ||||||
13 | and
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14 | (6) Employees who are employed in a bonafide | ||||||
15 | executive, administrative,
or professional capacity or in | ||||||
16 | the capacity of an outside salesman, as
defined in Section | ||||||
17 | 12 (a) (1) of the federal Fair Labor Standards Act, as
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18 | amended, and those employed as supervisors as defined in | ||||||
19 | Section 2 (11) of
the National Labor Relations Act, as | ||||||
20 | amended; and
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21 | (7) Employees who are employed as crew members of any | ||||||
22 | uninspected towing
vessel, as defined by Section 2101(40) | ||||||
23 | of Title 46 of the United States Code,
operating in any | ||||||
24 | navigable waters in or along the boundaries of the State | ||||||
25 | of
Illinois.
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26 | (c) In addition to the rest periods required under |
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1 | subsection (a), a law enforcement agency shall allow a law | ||||||
2 | enforcement officer at least 24 consecutive hours of rest in | ||||||
3 | either every consecutive 60-hour period or consecutive | ||||||
4 | seven-day period. This subsection (c) does not apply while a | ||||||
5 | disaster proclamation by the Governor is in effect. | ||||||
6 | (Source: P.A. 99-758, eff. 1-1-17 .)
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