Rep. Carol Ammons

Filed: 4/24/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 690

2    AMENDMENT NO. ______. Amend House Bill 690, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. The Freedom of Information Act is amended by
6changing Section 7.5 as follows:
 
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be exempt
10from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.

 

 

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1        (c) Applications, related documents, and medical
2    records received by the Experimental Organ Transplantation
3    Procedures Board and any and all documents or other records
4    prepared by the Experimental Organ Transplantation
5    Procedures Board or its staff relating to applications it
6    has received.
7        (d) Information and records held by the Department of
8    Public Health and its authorized representatives relating
9    to known or suspected cases of sexually transmissible
10    disease or any information the disclosure of which is
11    restricted under the Illinois Sexually Transmissible
12    Disease Control Act.
13        (e) Information the disclosure of which is exempted
14    under Section 30 of the Radon Industry Licensing Act.
15        (f) Firm performance evaluations under Section 55 of
16    the Architectural, Engineering, and Land Surveying
17    Qualifications Based Selection Act.
18        (g) Information the disclosure of which is restricted
19    and exempted under Section 50 of the Illinois Prepaid
20    Tuition Act.
21        (h) Information the disclosure of which is exempted
22    under the State Officials and Employees Ethics Act, and
23    records of any lawfully created State or local inspector
24    general's office that would be exempt if created or
25    obtained by an Executive Inspector General's office under
26    that Act.

 

 

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1        (i) Information contained in a local emergency energy
2    plan submitted to a municipality in accordance with a local
3    emergency energy plan ordinance that is adopted under
4    Section 11-21.5-5 of the Illinois Municipal Code.
5        (j) Information and data concerning the distribution
6    of surcharge moneys collected and remitted by wireless
7    carriers under the Wireless Emergency Telephone Safety
8    Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the Capital
24    Crimes Litigation Act. This subsection (n) shall apply
25    until the conclusion of the trial of the case, even if the
26    prosecution chooses not to pursue the death penalty prior

 

 

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1    to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Regional Transportation Authority under Section 2.11 of
9    the Regional Transportation Authority Act or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act.
12        (q) Information prohibited from being disclosed by the
13    Personnel Records Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) All identified or deidentified health information
19    in the form of health data or medical records contained in,
20    stored in, submitted to, transferred by, or released from
21    the Illinois Health Information Exchange, and identified
22    or deidentified health information in the form of health
23    data and medical records of the Illinois Health Information
24    Exchange in the possession of the Illinois Health
25    Information Exchange Authority due to its administration
26    of the Illinois Health Information Exchange. The terms

 

 

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1    "identified" and "deidentified" shall be given the same
2    meaning as in the Health Insurance Portability and
3    Accountability Act of 1996, Public Law 104-191, or any
4    subsequent amendments thereto, and any regulations
5    promulgated thereunder.
6        (u) Records and information provided to an independent
7    team of experts under Brian's Law.
8        (v) Names and information of people who have applied
9    for or received Firearm Owner's Identification Cards under
10    the Firearm Owners Identification Card Act or applied for
11    or received a concealed carry license under the Firearm
12    Concealed Carry Act, unless otherwise authorized by the
13    Firearm Concealed Carry Act; and databases under the
14    Firearm Concealed Carry Act, records of the Concealed Carry
15    Licensing Review Board under the Firearm Concealed Carry
16    Act, and law enforcement agency objections under the
17    Firearm Concealed Carry Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

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1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of an
4    eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) (dd) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22        (ff) Information and reports that are required to be
23    submitted to the Department of Labor by registering day and
24    temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

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1(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
2eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
399-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
499-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
58-19-16; revised 9-1-16.)
 
6    Section 5. The Day and Temporary Labor Services Act is
7amended by changing Sections 10, 20, 30, and 45 and by adding
8Section 33 as follows:
 
9    (820 ILCS 175/10)
10    Sec. 10. Employment Notice.
11    (a) Whenever a day and temporary labor service agency
12agrees to send one or more persons to work as day or temporary
13laborers, the day and temporary labor service agency shall
14provide to each day or temporary laborer, at the time of
15dispatch, a statement containing the following items on a form
16approved by the Department:
17        (1) the name of the day or temporary laborer;
18        (2) the name and nature of the work to be performed and
19    the types of equipment, protective clothing, and training
20    that are required for the task;
21        (3) the wages offered;
22        (4) the name and address of the destination of each day
23    or temporary laborer;
24        (5) terms of transportation; and

 

 

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1        (6) whether a meal or equipment, or both, are provided,
2    either by the day and temporary labor service agency or the
3    third party client, and the cost of the meal and equipment,
4    if any.
5    If a day or temporary laborer is assigned to the same
6assignment for more than one day, the day and temporary labor
7service agency is required to provide the employment notice
8only on the first day of the assignment and on any day that any
9of the terms listed on the employment notice are changed.
10    If the day or temporary laborer is not placed with a third
11party client or otherwise contracted to work for that day, the
12day and temporary labor service agency shall, upon request,
13provide the day and temporary laborer with a confirmation that
14the day or temporary laborer sought work, signed by an employee
15of the day and temporary labor service agency, which shall
16include the name of the agency, the name and address of the day
17or temporary laborer, and the date and the time that the day or
18temporary laborer receives the confirmation.
19    (b) No day and temporary labor service agency may send any
20day or temporary laborer to any place where a strike, a
21lockout, or other labor trouble exists.
22    (c) The Department shall recommend to day and temporary
23labor service agencies that those agencies employ personnel who
24can effectively communicate information required in
25subsections (a) and (b) to day or temporary laborers in
26Spanish, Polish, or any other language that is generally

 

 

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1understood in the locale of the day and temporary labor service
2agency.
3(Source: P.A. 99-78, eff. 7-20-15.)
 
4    (820 ILCS 175/20)
5    Sec. 20. Transportation.
6    (a) A day and temporary labor service agency or a third
7party client or a contractor or agent of either shall charge no
8fee to transport a day or temporary laborer to or from the
9designated work site.
10    (b) A day and temporary labor service agency is responsible
11for the conduct and performance of any person who transports a
12day or temporary laborer from the agency to a work site, unless
13the transporter is: (1) a public mass transportation system as
14defined in Section 2 of the Local Mass Transit District Act;
15(2) a common carrier; (3) the day or temporary laborer
16providing his or her own transportation; or (4) selected
17exclusively by and at the sole choice of the day or temporary
18laborer for transportation in a vehicle not owned or operated
19by the day and temporary labor service agency. If any day and
20temporary labor service agency provides transportation to a day
21or temporary laborer or refers a day or temporary laborer as
22provided in subsection (c), the day and temporary labor service
23agency may not allow a motor vehicle to be used for the
24transporting of day or temporary laborers if the agency knows
25or should know that the motor vehicle used for the

 

 

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1transportation of day or temporary laborers is unsafe or not
2equipped as required by this Act or by any rule adopted under
3this Act, unless the vehicle is: (1) the property of a public
4mass transportation system as defined in Section 2 of the Local
5Mass Transit District Act; (2) the property of a common
6carrier; (3) the day or temporary laborer's personal vehicle;
7or (4) a vehicle of a day or temporary laborer used to carpool
8other day or temporary laborers and which is selected
9exclusively by and at the sole choice of the day or temporary
10laborer for transportation.
11    (c) A day and temporary labor service agency may not refer
12a day or temporary laborer to any person for transportation to
13a work site unless that person is (1) a public mass
14transportation system as defined in Section 2 of the Local Mass
15Transit District Act or (2) providing the transportation at no
16fee. Directing the day or temporary laborer to accept a
17specific car pool as a condition of work shall be considered a
18referral by the day and temporary labor service agency. Any
19mention or discussion of the cost of a car pool shall be
20considered a referral by the agency. Informing a day or
21temporary laborer of the availability of a car pool driven by
22another day or temporary laborer shall not be considered a
23referral by the agency.
24    (d) Any motor vehicle that is owned or operated by the day
25and temporary labor service agency or a third party client, or
26a contractor or agent of either, or to which a day and

 

 

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1temporary labor service agency refers a day or temporary
2laborer, which is used for the transportation of day or
3temporary laborers shall have proof of financial
4responsibility as provided for in Chapter 8 of the Illinois
5Vehicle Code or as required by Department rules. The driver of
6the vehicle shall hold a valid license to operate motor
7vehicles in the correct classification and shall be required to
8produce the license immediately upon demand by the Department,
9its inspectors or deputies, or any other person authorized to
10enforce this Act. The Department shall forward a violation of
11this subsection to the appropriate law enforcement authorities
12or regulatory agencies, whichever is applicable.
13    (e) No motor vehicle that is owned or operated by the day
14and temporary labor service agency or a third party client, or
15a contractor or agent of either, or to which a day and
16temporary labor service agency refers a day or temporary
17laborer, which is used for the transportation of day or
18temporary laborers may be operated if it does not have a seat
19and a safety belt for each passenger. The Department shall
20forward a violation of this subsection to the appropriate law
21enforcement authorities or regulatory agencies, whichever is
22applicable.
23    (f) If the day or temporary laborer is provided
24transportation from the point of application to the worksite by
25the hiring labor service agency operating pursuant to this Act,
26the day or temporary laborer shall also be provided

 

 

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1transportation back to the point of application, unless the day
2or temporary laborer advises or agrees prior to leaving for the
3place of employment to obtain alternative transportation after
4the work shift is completed.
5(Source: P.A. 94-511, eff. 1-1-06.)
 
6    (820 ILCS 175/30)
7    Sec. 30. Wage Payment and Notice.
8    (a) At the time of payment of wages, a day and temporary
9labor service agency shall provide each day or temporary
10laborer with a detailed itemized statement, on the day or
11temporary laborer's paycheck stub or on a form approved by the
12Department, listing the following:
13        (1) the name, address, and telephone number of each
14    third party client at which the day or temporary laborer
15    worked. If this information is provided on the day or
16    temporary laborer's paycheck stub, a code for each third
17    party client may be used so long as the required
18    information for each coded third party client is made
19    available to the day or temporary laborer;
20        (2) the number of hours worked by the day or temporary
21    laborer at each third party client each day during the pay
22    period. If the day or temporary laborer is assigned to work
23    at the same work site of the same third party client for
24    multiple days in the same work week, the day and temporary
25    labor service agency may record a summary of hours worked

 

 

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1    at that third party client's worksite so long as the first
2    and last day of that work week are identified as well. The
3    term "hours worked" has the meaning ascribed to that term
4    in 56 Ill. Adm. Code 210.110 and in accordance with all
5    applicable rules or court interpretations under 56 Ill.
6    Adm. Code 210.110;
7        (3) the rate of payment for each hour worked, including
8    any premium rate or bonus;
9        (4) the total pay period earnings;
10        (5) all deductions made from the day or temporary
11    laborer's compensation made either by the third party
12    client or by the day and temporary labor service agency,
13    and the purpose for which deductions were made, including
14    for the day or temporary laborer's transportation, food,
15    equipment, withheld income tax, withheld social security
16    payments, and every other deduction; and
17        (6) any additional information required by rules
18    issued by the Department.
19    (a-1) For each day or temporary laborer who is contracted
20to work a single day, the third party client shall, at the end
21of the work day, provide such day or temporary laborer with a
22Work Verification Form, approved by the Department, which shall
23contain the date, the day or temporary laborer's name, the work
24location, and the hours worked on that day. Any third party
25client who violates this subsection (a-1) may be subject to a
26civil penalty not to exceed $500 for each violation found by

 

 

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1the Department. Such civil penalty may increase to $2,500 for a
2second or subsequent violation. For purposes of this subsection
3(a-1), each violation of this subsection (a-1) for each day or
4temporary laborer and for each day the violation continues
5shall constitute a separate and distinct violation.
6    (b) A day and temporary labor service agency shall provide
7each worker an annual earnings summary within a reasonable time
8after the preceding calendar year, but in no case later than
9February 1. A day and temporary labor service agency shall, at
10the time of each wage payment, give notice to day or temporary
11laborers of the availability of the annual earnings summary or
12post such a notice in a conspicuous place in the public
13reception area.
14    (c) At the request of a day or temporary laborer, a day and
15temporary labor service agency shall hold the daily wages of
16the day or temporary laborer and make either weekly, bi-weekly,
17or semi-monthly payments. The wages shall be paid in a single
18check, or, at the day or temporary laborer's sole option, by
19direct deposit or other manner approved by the Department,
20representing the wages earned during the period, either weekly,
21bi-weekly, or semi-monthly, designated by the day or temporary
22laborer in accordance with the Illinois Wage Payment and
23Collection Act. Vouchers or any other method of payment which
24is not generally negotiable shall be prohibited as a method of
25payment of wages. Day and temporary labor service agencies that
26make daily wage payments shall provide written notification to

 

 

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1all day or temporary laborers of the right to request weekly,
2bi-weekly, or semi-monthly checks. The day and temporary labor
3service agency may provide this notice by conspicuously posting
4the notice at the location where the wages are received by the
5day or temporary laborers.
6    (d) No day and temporary labor service agency shall charge
7any day or temporary laborer for cashing a check issued by the
8agency for wages earned by a day or temporary laborer who
9performed work through that agency. No day and temporary labor
10service agency or third party client shall charge any day or
11temporary laborer for the expense of conducting any consumer
12report, as that term is defined in the Fair Credit Reporting
13Act, 15 U.S.C. 1681a(d), any criminal background check of any
14kind, or any drug test of any kind.
15    (e) Day or temporary laborers shall be paid no less than
16the wage rate stated in the notice as provided in Section 10 of
17this Act for all the work performed on behalf of the third
18party client in addition to the work listed in the written
19description.
20    (f) The total amount deducted for meals, equipment, and
21transportation may not cause a day or temporary laborer's
22hourly wage to fall below the State or federal minimum wage.
23However, a day and temporary labor service agency may deduct
24the actual market value of reusable equipment provided to the
25day or temporary laborer by the day and temporary labor service
26agency which the day or temporary laborer fails to return, if

 

 

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1the day or temporary laborer provides a written authorization
2for such deduction at the time the deduction is made.
3    (g) A day or temporary laborer who is contracted by a day
4and temporary labor service agency to work at a third party
5client's worksite but is not utilized by the third party client
6shall be paid by the day and temporary labor service agency for
7a minimum of 4 hours of pay at the agreed upon rate of pay.
8However, in the event the day and temporary labor service
9agency contracts the day or temporary laborer to work at
10another location during the same shift, the day or temporary
11laborer shall be paid by the day and temporary labor service
12agency for a minimum of 2 hours of pay at the agreed upon rate
13of pay.
14    (h) A third party client is required to pay wages and
15related payroll taxes to a licensed day and temporary labor
16service agency for services performed by the day or temporary
17laborer for the third party client according to payment terms
18outlined on invoices, service agreements, or stated terms
19provided by the day and temporary labor service agency. A third
20party client who fails to comply with this subsection (h) is
21subject to the penalties provided in Section 70 of this Act.
22The Department shall review a complaint filed by a licensed day
23and temporary labor agency. The Department shall review the
24payroll and accounting records of the day and temporary labor
25service agency and the third party client for the period in
26which the violation of this Act is alleged to have occurred to

 

 

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1determine if wages and payroll taxes have been paid to the
2agency and that the day or temporary laborer has been paid the
3wages owed him or her.
4(Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
 
5    (820 ILCS 175/33 new)
6    Sec. 33. Permanent placement. A day and temporary labor
7service shall attempt to place a current temporary laborer into
8a permanent position with a client when the client informs the
9agency of its plan to hire a permanent employee for a position
10like the positions for which employees are being provided by
11the agency at the same work location.
 
12    (820 ILCS 175/45)
13    Sec. 45. Registration; Department of Labor.
14    (a) A day and temporary labor service agency which is
15located, operates or transacts business within this State shall
16register with the Department of Labor in accordance with rules
17adopted by the Department for day and temporary labor service
18agencies and shall be subject to this Act and any rules adopted
19under this Act. Each day and temporary labor service agency
20shall provide proof of an employer account number issued by the
21Department of Employment Security for the payment of
22unemployment insurance contributions as required under the
23Unemployment Insurance Act, and proof of valid workers'
24compensation insurance in effect at the time of registration

 

 

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1covering all of its employees. If, at any time, a day and
2temporary labor service agency's workers' compensation
3insurance coverage lapses, the agency shall have an affirmative
4duty to report the lapse of such coverage to the Department and
5the agency's registration shall be suspended until the agency's
6workers' compensation insurance is reinstated. The Department
7may assess each day and temporary labor service agency a
8non-refundable registration fee not exceeding $1,000 per year
9per agency and a non-refundable fee not to exceed $250 for each
10branch office or other location where the agency regularly
11contracts with day or temporary laborers for services. The fee
12may be paid by check or money order and the Department may not
13refuse to accept a check on the basis that it is not a
14certified check or a cashier's check. The Department may charge
15an additional fee to be paid by a day and temporary labor
16service agency if the agency, or any person on the agency's
17behalf, issues or delivers a check to the Department that is
18not honored by the financial institution upon which it is
19drawn. The Department shall also adopt rules for violation
20hearings and penalties for violations of this Act or the
21Department's rules in conjunction with the penalties set forth
22in this Act.
23    (a-1) At the time of registration with the Department of
24Labor each year, the day and temporary labor service agency
25shall submit to the Department of Labor a report containing the
26information identified in paragraph (9) of subsection (a) of

 

 

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1Section 12, broken down by branch office, in the aggregate for
2all day or temporary laborers assigned within Illinois and
3subject to this Act during the preceding year. This information
4shall be submitted on a form created by the Department of
5Labor. The Department of Labor shall aggregate the information
6submitted by all registering day and temporary labor service
7agencies by removing identifying data and shall have the
8information available to the public only on a municipal and
9county basis. As used in this paragraph, "identifying data"
10means any and all information that: (i) provides specific
11information on individual worker identity; (ii) identifies the
12service agency in any manner; and (iii) identifies clients
13utilizing the day and temporary labor service agency or any
14other information that can be traced back to any specific
15registering day and temporary labor service agency or its
16client. The information and reports submitted to the Department
17of Labor under this subsection by the registering day and
18temporary labor service agencies are exempt from inspection and
19copying under Section 7.5 of the Freedom of Information Act.
20    (b) It is a violation of this Act to operate a day and
21temporary labor service agency without first registering with
22the Department in accordance with subsection (a) of this
23Section. The Department shall create and maintain at regular
24intervals on its website, accessible to the public: (1) a list
25of all registered day and temporary labor service agencies in
26the State whose registration is in good standing; (2) a list of

 

 

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1day and temporary labor service agencies in the State whose
2registration has been suspended, including the reason for the
3suspension, the date the suspension was initiated, and the
4date, if known, the suspension is to be lifted; and (3) a list
5of day and temporary labor service agencies in the State whose
6registration has been revoked, including the reason for the
7revocation and the date the registration was revoked. The
8Department has the authority to assess a penalty against any
9day and temporary labor service agency that fails to register
10with the Department of Labor in accordance with this Act or any
11rules adopted under this Act of $500 for each violation. Each
12day during which a day and temporary labor service agency
13operates without registering with the Department shall be a
14separate and distinct violation of this Act.
15    (c) An applicant is not eligible to register to operate a
16day and temporary labor service agency under this Act if the
17applicant or any of its officers, directors, partners, or
18managers or any owner of 25% or greater beneficial interest:
19        (1) has been involved, as owner, officer, director,
20    partner, or manager, of any day and temporary labor service
21    agency whose registration has been revoked or has been
22    suspended without being reinstated within the 5 years
23    immediately preceding the filing of the application; or
24        (2) is under the age of 18.
25    (d) Every agency shall post and keep posted at each
26location, in a position easily accessible to all employees,

 

 

10000HB0690ham003- 21 -LRB100 00003 JLS 25489 a

1notices as supplied and required by the Department containing a
2copy or summary of the provisions of the Act and a notice which
3informs the public of a toll-free telephone number for day or
4temporary laborers and the public to file wage dispute
5complaints and other alleged violations by day and temporary
6labor service agencies. Such notices shall be in English or any
7other language generally understood in the locale of the day
8and temporary labor service agency.
9(Source: P.A. 94-511, eff. 1-1-06.)".