Illinois General Assembly - Full Text of SB0193
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Full Text of SB0193  100th General Assembly

SB0193ham002 100TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 11/7/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 193

2    AMENDMENT NO. ______. Amend Senate Bill 193, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Attorney General Act is amended by adding
6Sections 6.3 and 6.4 as follows:
 
7    (15 ILCS 205/6.3 new)
8    Sec. 6.3. Worker Protection Unit.
9    (a) The General Assembly finds that the welfare and
10prosperity of all Illinois citizens and businesses requires the
11establishment of a Unit within the Attorney General's Office
12dedicated to combat the State's underground economy, which
13forces its employees to work in unsafe conditions and gives
14businesses that avoid their tax and labor responsibilities an
15unfair economic advantage. The Worker Protection Unit shall be
16focused on protecting the State's workforce to ensure workers

 

 

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1are paid properly, guarantee safe workplaces, and allow
2law-abiding business owners to thrive through healthy and fair
3competition. Businesses that operate "off-the-books" put a
4greater burden on taxpayers by hurting the State's ability to
5provide critical services; compliant businesses cannot compete
6against those who gain an unfair advantage by evading their
7responsibilities.
8    (b) There is created within the Office of the Attorney
9General a Worker Protection Unit, consisting of Assistant
10Attorneys General appointed by the Attorney General, who
11together with other staff as deemed necessary by the Attorney
12General, shall have the power and duty on behalf of the People
13of the State, as parens patriae on behalf of persons within the
14State, to intervene in, initiate, enforce, and defend all
15criminal or civil legal proceedings on matters and violations
16relating to the Prevailing Wage Act, the Employee
17Classification Act, the Minimum Wage Law, the Day and Temporary
18Labor Services Act, and the Wage Payment and Collection Act,
19whenever the Attorney General determines that such action is
20necessary to protect the rights and interests of Illinois
21workers and Illinois businesses.
22    (c) In addition to the investigative and enforcement powers
23available to the Attorney General under the laws of this State,
24the Attorney General has the power and authority,
25notwithstanding and regardless of any proceeding instituted or
26to be instituted by or before the Illinois Department of Labor,

 

 

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1or any other administrative agency, to protect the rights and
2interests of Illinois workers and Illinois businesses by
3commencing an action or proceeding in circuit court. Prior to
4initiating an action, the Attorney General shall conduct an
5investigation and may: (1) require an individual or entity to
6file a statement or report in writing under oath or otherwise,
7as to all information the Attorney General may consider
8necessary; (2) examine under oath any person alleged to have
9participated in or with knowledge of the alleged violation; or
10(3) issue subpoenas or conduct hearings in aid of any
11investigation.
12    (d) In an action brought under to this Section, the
13Attorney General may obtain as a remedy, monetary damages to
14the State, restitution, and equitable relief, including any
15permanent or preliminary injunction, temporary restraining
16order, or other order, including an order enjoining the
17defendant from engaging in a violation or order any action as
18may be appropriate. In addition, the Attorney General may
19request and the court may impose a civil penalty against any
20person or entity found by the court to have engaged in a
21violation of the Prevailing Wage Act, the Employee
22Classification Act, the Minimum Wage Law, the Day and Temporary
23Labor Services Act, and the Wage Payment and Collection Act, in
24a sum not to exceed the civil penalty provided in the
25respective Act that was violated. An aggrieved individual may
26not recover monetary relief in more than one proceeding.

 

 

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1    (e) Upon the Attorney General's request, the Illinois
2Department of Labor shall provide any materials or documents
3already in the Department's possession pertaining to the
4enforcement of this Section. Nothing in this Section is
5intended to take away or limit any powers of the Attorney
6General under common law or other statutory law.
 
7    (15 ILCS 205/6.4 new)
8    Sec. 6.4. Worker Protection Unit Task Force.
9    (a) There is created a Worker Protection Task Force within
10the Office of the Illinois Attorney General. The Task Force
11shall be coordinated by the Office of the Attorney General and
12be made up of a coalition of State's Attorneys across the State
13of Illinois to promote a Statewide outreach and enforcement
14effort to target Illinois' underground economy. The purpose of
15the Task Force shall be to:
16        (1) create a coalition of State's Attorneys in Illinois
17    dedicated to protecting the State's workforce and
18    law-abiding businesses;
19        (2) facilitate the timely sharing of information
20    between Task Force members relating to suspected worker
21    exploitation;
22        (3) promote the refinement of targeting methods, best
23    practices, and to develop strategies to systemically
24    investigate worker exploitation; and
25        (4) work cooperatively with labor and community

 

 

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1    organizations, businesses and business coalitions, and
2    other advocacy groups to increase public awareness on the
3    underground economy in an effort to promote fairness,
4    combat discrimination, and protect the welfare of the
5    State.
6    (b) The Task Force shall consist of:
7        (1) the Illinois Attorney General;
8        (2) Assistant Attorneys General, assigned at the
9    discretion of the Illinois Attorney General; and
10        (3) elected State's Attorneys of Illinois, or a
11    designee as may be appointed by each State's Attorney who
12    is a member of the Task Force to act as his or her
13    representative.
14    (c) The Task Force shall elect a chairperson from its
15membership and shall have the authority to determine its own
16meeting schedule, hearing schedule, and agendas. Members of the
17Task Force shall serve without compensation.
18    (d) The Task Force shall submit a report to the Governor
19and the General Assembly regarding its progress no later than
20December 1, 2018.
21    (e) This Section is repealed December 1, 2019.".