100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4340

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 50/5
775 ILCS 50/20

    Amends the Human Trafficking Resource Center Notice Act. To the list of entities required to post the notice under the Act, adds: massage parlors and bath houses; public gatherings and special events conducted on property open to the public that require the issuance of a permit from the unit of local government; establishments used primarily for gaming and where gaming equipment or supplies are used or offered for use for the purpose of accruing business revenue; and public and private elementary and secondary schools. Provides that the Department of Revenue or the governmental entity regulating a business or establishment (instead of the Department of Labor) shall monitor and enforce compliance with the Act.


LRB100 17799 HEP 32978 b

 

 

A BILL FOR

 

HB4340LRB100 17799 HEP 32978 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Human Trafficking Resource Center Notice Act
5is amended by changing Sections 5 and 20 as follows:
 
6    (775 ILCS 50/5)
7    Sec. 5. Posted notice required.
8    (a) Each of the following businesses and other
9establishments shall, upon the availability of the model notice
10described in Section 15 of this Act, post a notice that
11complies with the requirements of this Act in a conspicuous
12place near the public entrance of the establishment or in
13another conspicuous location in clear view of the public and
14employees where similar notices are customarily posted:
15        (1) On premise consumption retailer licensees under
16    the Liquor Control Act of 1934 where the sale of alcoholic
17    liquor is the principal business carried on by the licensee
18    at the premises and primary to the sale of food.
19        (2) Adult entertainment facilities, as defined in
20    Section 5-1097.5 of the Counties Code.
21        (3) Primary airports, as defined in Section 47102(16)
22    of Title 49 of the United States Code.
23        (4) Intercity passenger rail or light rail stations.

 

 

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1        (5) Bus stations.
2        (6) Truck stops. For purposes of this Act, "truck stop"
3    means a privately-owned and operated facility that
4    provides food, fuel, shower or other sanitary facilities,
5    and lawful overnight truck parking.
6        (7) Emergency rooms within general acute care
7    hospitals.
8        (8) Urgent care centers.
9        (9) Farm labor contractors. For purposes of this Act,
10    "farm labor contractor" means: (i) any person who for a fee
11    or other valuable consideration recruits, supplies, or
12    hires, or transports in connection therewith, into or
13    within the State, any farmworker not of the contractor's
14    immediate family to work for, or under the direction,
15    supervision, or control of, a third person; or (ii) any
16    person who for a fee or other valuable consideration
17    recruits, supplies, or hires, or transports in connection
18    therewith, into or within the State, any farmworker not of
19    the contractor's immediate family, and who for a fee or
20    other valuable consideration directs, supervises, or
21    controls all or any part of the work of the farmworker or
22    who disburses wages to the farmworker. However, "farm labor
23    contractor" does not include full-time regular employees
24    of food processing companies when the employees are engaged
25    in recruiting for the companies if those employees are not
26    compensated according to the number of farmworkers they

 

 

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1    recruit.
2        (10) Privately-operated job recruitment centers.
3        (11) Massage parlors and bath houses.
4        (12) Establishments used primarily for gaming and
5    where gaming equipment or supplies are used or offered for
6    use for the purpose of accruing business revenue.
7    (b) The Department of Transportation shall, upon the
8availability of the model notice described in Section 15 of
9this Act, post a notice that complies with the requirements of
10this Act in a conspicuous place near the public entrance of
11each roadside rest area or in another conspicuous location in
12clear view of the public and employees where similar notices
13are customarily posted.
14    (c) The owner of a hotel or motel shall, upon the
15availability of the model notice described in Section 15 of
16this Act, post a notice that complies with the requirements of
17this Act in a conspicuous and accessible place in or about the
18premises in clear view of the employees where similar notices
19are customarily posted.
20    (d) The organizer of a public gathering or special event
21that is conducted on property open to the public and requires
22the issuance of a permit from the unit of local government
23shall post a notice that complies with the requirements of this
24Act in a conspicuous and accessible place in or about the
25premises in clear view of the public and employees where
26similar notices are customarily posted.

 

 

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1    (e) The administrator of a public or private elementary
2school or public or private secondary school shall post a
3notice that complies with the requirements of this Act in a
4conspicuous and accessible place in the administrative office
5or another location in view of school employees.
6(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17.)
 
7    (775 ILCS 50/20)
8    Sec. 20. Penalties.
9    (a) A business or establishment identified in subsection
10(a) of Section 5 that fails to comply with the requirements of
11this Act is liable for a civil penalty of $500 for a first
12offense and $1,000 for each subsequent offense.
13    (b) The Department of Revenue or the governmental entity
14regulating a business or establishment Labor shall, in the
15course of regulating a business or establishment, monitor and
16enforce compliance with this Act. Upon discovering a violation,
17the Department of Revenue or the governmental entity regulating
18a business or establishment Labor shall provide the business or
19establishment with reasonable notice of noncompliance that
20informs the business or establishment that it is subject to a
21civil penalty if it does not correct the violation within 30
22days from the date the notice is sent to the business or
23establishment.
24    (c) If the Department of Revenue or the governmental entity
25regulating a business or establishment Labor verifies that the

 

 

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1violation was not corrected within the 30-day period described
2in subsection (b), the Attorney General may bring an action to
3impose a civil penalty pursuant to this Section.
4(Source: P.A. 99-99, eff. 1-1-16.)