Rep. Barbara Wheeler

Filed: 3/6/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4340

2    AMENDMENT NO. ______. Amend House Bill 4340 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Human Trafficking Resource Center Notice
5Act is amended by changing Sections 5, 15, 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

 

 

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1    liquor is the principal business carried on by the licensee
2    at the premises and primary to the sale of food.
3        (2) Adult entertainment facilities, as defined in
4    Section 5-1097.5 of the Counties Code.
5        (3) Primary airports, as defined in Section 47102(16)
6    of Title 49 of the United States Code.
7        (4) Intercity passenger rail or light rail stations.
8        (5) Bus stations.
9        (6) Truck stops. For purposes of this Act, "truck stop"
10    means a privately-owned and operated facility that
11    provides food, fuel, shower or other sanitary facilities,
12    and lawful overnight truck parking.
13        (7) Emergency rooms within general acute care
14    hospitals.
15        (8) Urgent care centers.
16        (9) Farm labor contractors. For purposes of this Act,
17    "farm labor contractor" means: (i) any person who for a fee
18    or other valuable consideration recruits, supplies, or
19    hires, or transports in connection therewith, into or
20    within the State, any farmworker not of the contractor's
21    immediate family to work for, or under the direction,
22    supervision, or control of, a third person; or (ii) any
23    person who for a fee or other valuable consideration
24    recruits, supplies, or hires, or transports in connection
25    therewith, into or within the State, any farmworker not of
26    the contractor's immediate family, and who for a fee or

 

 

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1    other valuable consideration directs, supervises, or
2    controls all or any part of the work of the farmworker or
3    who disburses wages to the farmworker. However, "farm labor
4    contractor" does not include full-time regular employees
5    of food processing companies when the employees are engaged
6    in recruiting for the companies if those employees are not
7    compensated according to the number of farmworkers they
8    recruit.
9        (10) Privately-operated job recruitment centers.
10        (11) Massage establishments. As used in this Act,
11    "massage establishment" means a place of business in which
12    any method of massage therapy is administered or practiced
13    for compensation.
14    (b) The Department of Transportation 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 place near the public entrance of
18each roadside rest area or in another conspicuous location in
19clear view of the public and employees where similar notices
20are customarily posted.
21    (c) The owner of a hotel or motel shall, upon the
22availability of the model notice described in Section 15 of
23this Act, post a notice that complies with the requirements of
24this Act in a conspicuous and accessible place in or about the
25premises in clear view of the employees where similar notices
26are customarily posted.

 

 

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1    (d) The organizer of a public gathering or special event
2that is conducted on property open to the public and requires
3the issuance of a permit from the unit of local government
4shall post a notice that complies with the requirements of this
5Act in a conspicuous and accessible place in or about the
6premises in clear view of the public and employees where
7similar notices are customarily posted.
8    (e) The administrator of a public or private elementary
9school or public or private secondary school shall post a
10printout of the downloadable notice provided by the Department
11of Human Services under Section 15 that complies with the
12requirements of this Act in a conspicuous and accessible place
13chosen by the administrator in the administrative office or
14another location in view of school employees. School districts
15and personnel are not subject to the penalties provided under
16subsection (a) of Section 20.
17    (f) The owner of an establishment registered under the
18Tattoo and Body Piercing Establishment Registration Act shall
19post a notice that complies with the requirements of this Act
20in a conspicuous and accessible place in clear view of
21establishment employees.
22(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17.)
 
23    (775 ILCS 50/15)
24    Sec. 15. Model notice. No later than 6 months after the
25effective date of this Act, the Department of Human Services

 

 

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1shall: (i) develop a model notice that complies with the
2requirements of Section 10 of this Act; or (ii) adopt a model
3notice developed by the Illinois Task Force on Human
4Trafficking that complies with the requirements of Section 10
5of this Act. The Department of Human Services shall make the
6model notice available for download on the Department's
7Internet website. Upon request, the Department of Human
8Services shall furnish copies of the model notice without
9charge to a business, or establishment, or school identified in
10subsection (c) of Section 5.
11(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17.)
 
12    (775 ILCS 50/20)
13    Sec. 20. Penalties.
14    (a) A business or establishment identified in subsection
15(a) of Section 5 that fails to comply with the requirements of
16this Act within 30 days of receipt of a notice described in
17subsection (b) is guilty of a petty offense, and subject to a
18fine of up to $500 for each violation is liable for a civil
19penalty of $500 for a first offense and $1,000 for each
20subsequent offense.
21    (b) The governmental entity regulating a business or
22establishment and local law enforcement agency having
23jurisdiction Department of Labor shall, in the course of
24regulating a business or establishment or carrying out law
25enforcement duties, monitor and enforce compliance with this

 

 

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1Act. Upon discovering a violation, the governmental entity or
2local law enforcement agency having jurisdiction Department of
3Labor shall provide the business or establishment with
4reasonable notice of noncompliance that informs the business or
5establishment that it is subject to a fine civil penalty if it
6does not correct the violation within 30 days from the date the
7notice is sent to the business or establishment.
8    (c) If the governmental entity regulating a business or
9establishment or local law enforcement agency having
10jurisdiction Department of Labor verifies that the violation
11was not corrected within the 30-day period described in
12subsection (b), the Attorney General or State's Attorney may
13prosecute a violation of may bring an action to impose a civil
14penalty pursuant to this Section.
15(Source: P.A. 99-99, eff. 1-1-16.)".