HB1854ham001 95TH GENERAL ASSEMBLY

Labor Committee

Filed: 3/21/2007

09500HB1854ham001 LRB095 10053 WGH 33819 a

AMENDMENT TO HOUSE BILL 1854

AMENDMENT NO. ______. Amend House Bill 1854 on page 1, line 5 by changing "Sections 5a and 5b" to "Section 5a"; and

by replacing lines 19 through 25 on page 8 and lines 1 through 11 on page 9 with the following:

"Sec. 5a. Misuse of information; harassment; penalties.

(a) The use of information made available pursuant to a request under the Freedom of Information Act in accordance with subsection (a) of Section 5 for the purpose of filing complaints that are determined to be frivolous, vexatious, or brought primarily for the purpose of harassment constitutes misuse of information and is prohibited.

(b) A person aggrieved by the misuse of information as prohibited by subsection (a) of this Section may bring a civil action for damages up to $5,000 and reasonable attorney's fees and other litigation costs reasonably incurred.

(c) A person who knowingly violates subsection (a) of this Section commits a Class B misdemeanor.

(d) The Department of Labor may impose a civil penalty not to exceed $5,000 for a violation of subsection (a) of this Section."; and

on page 10, by replacing lines 5 through 16 with the following:

"After an alleged violation occurs, a written complaint regarding an alleged violation of this Act shall be filed with the Director of Labor. Within 14 days of a complaint being filed with the Director, a copy of the complaint shall be sent to the contractor who allegedly committed the violation, who shall be the respondent. Any complaint provided to the respondent shall not identify the identity of the complaining party as provided under subdivision (1)(b)(v) of Section 7 of the Freedom of Information Act.".