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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Lifting Up
5Illinois Working Families Act.
 
6    Section 5. The Illinois Administrative Procedure Act is
7amended by changing Section 5-45 as follows:
 
8    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
9    Sec. 5-45. Emergency rulemaking.
10    (a) "Emergency" means the existence of any situation that
11any agency finds reasonably constitutes a threat to the public
12interest, safety, or welfare.
13    (b) If any agency finds that an emergency exists that
14requires adoption of a rule upon fewer days than is required by
15Section 5-40 and states in writing its reasons for that
16finding, the agency may adopt an emergency rule without prior
17notice or hearing upon filing a notice of emergency rulemaking
18with the Secretary of State under Section 5-70. The notice
19shall include the text of the emergency rule and shall be
20published in the Illinois Register. Consent orders or other
21court orders adopting settlements negotiated by an agency may
22be adopted under this Section. Subject to applicable

 

 

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1constitutional or statutory provisions, an emergency rule
2becomes effective immediately upon filing under Section 5-65 or
3at a stated date less than 10 days thereafter. The agency's
4finding and a statement of the specific reasons for the finding
5shall be filed with the rule. The agency shall take reasonable
6and appropriate measures to make emergency rules known to the
7persons who may be affected by them.
8    (c) An emergency rule may be effective for a period of not
9longer than 150 days, but the agency's authority to adopt an
10identical rule under Section 5-40 is not precluded. No
11emergency rule may be adopted more than once in any 24-month
12period, except that this limitation on the number of emergency
13rules that may be adopted in a 24-month period does not apply
14to (i) emergency rules that make additions to and deletions
15from the Drug Manual under Section 5-5.16 of the Illinois
16Public Aid Code or the generic drug formulary under Section
173.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
18emergency rules adopted by the Pollution Control Board before
19July 1, 1997 to implement portions of the Livestock Management
20Facilities Act, (iii) emergency rules adopted by the Illinois
21Department of Public Health under subsections (a) through (i)
22of Section 2 of the Department of Public Health Act when
23necessary to protect the public's health, (iv) emergency rules
24adopted pursuant to subsection (n) of this Section, (v)
25emergency rules adopted pursuant to subsection (o) of this
26Section, or (vi) emergency rules adopted pursuant to subsection

 

 

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1(c-5) of this Section. Two or more emergency rules having
2substantially the same purpose and effect shall be deemed to be
3a single rule for purposes of this Section.
4    (c-5) To facilitate the maintenance of the program of group
5health benefits provided to annuitants, survivors, and retired
6employees under the State Employees Group Insurance Act of
71971, rules to alter the contributions to be paid by the State,
8annuitants, survivors, retired employees, or any combination
9of those entities, for that program of group health benefits,
10shall be adopted as emergency rules. The adoption of those
11rules shall be considered an emergency and necessary for the
12public interest, safety, and welfare.
13    (d) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 1999 budget,
15emergency rules to implement any provision of Public Act 90-587
16or 90-588 or any other budget initiative for fiscal year 1999
17may be adopted in accordance with this Section by the agency
18charged with administering that provision or initiative,
19except that the 24-month limitation on the adoption of
20emergency rules and the provisions of Sections 5-115 and 5-125
21do not apply to rules adopted under this subsection (d). The
22adoption of emergency rules authorized by this subsection (d)
23shall be deemed to be necessary for the public interest,
24safety, and welfare.
25    (e) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2000 budget,

 

 

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1emergency rules to implement any provision of Public Act 91-24
2or any other budget initiative for fiscal year 2000 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (e). The adoption of
8emergency rules authorized by this subsection (e) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (f) In order to provide for the expeditious and timely
12implementation of the State's fiscal year 2001 budget,
13emergency rules to implement any provision of Public Act 91-712
14or any other budget initiative for fiscal year 2001 may be
15adopted in accordance with this Section by the agency charged
16with administering that provision or initiative, except that
17the 24-month limitation on the adoption of emergency rules and
18the provisions of Sections 5-115 and 5-125 do not apply to
19rules adopted under this subsection (f). The adoption of
20emergency rules authorized by this subsection (f) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23    (g) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 2002 budget,
25emergency rules to implement any provision of Public Act 92-10
26or any other budget initiative for fiscal year 2002 may be

 

 

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1adopted in accordance with this Section by the agency charged
2with administering that provision or initiative, except that
3the 24-month limitation on the adoption of emergency rules and
4the provisions of Sections 5-115 and 5-125 do not apply to
5rules adopted under this subsection (g). The adoption of
6emergency rules authorized by this subsection (g) shall be
7deemed to be necessary for the public interest, safety, and
8welfare.
9    (h) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2003 budget,
11emergency rules to implement any provision of Public Act 92-597
12or any other budget initiative for fiscal year 2003 may be
13adopted in accordance with this Section by the agency charged
14with administering that provision or initiative, except that
15the 24-month limitation on the adoption of emergency rules and
16the provisions of Sections 5-115 and 5-125 do not apply to
17rules adopted under this subsection (h). The adoption of
18emergency rules authorized by this subsection (h) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (i) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2004 budget,
23emergency rules to implement any provision of Public Act 93-20
24or any other budget initiative for fiscal year 2004 may be
25adopted in accordance with this Section by the agency charged
26with administering that provision or initiative, except that

 

 

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1the 24-month limitation on the adoption of emergency rules and
2the provisions of Sections 5-115 and 5-125 do not apply to
3rules adopted under this subsection (i). The adoption of
4emergency rules authorized by this subsection (i) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7    (j) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92005 budget as provided under the Fiscal Year 2005 Budget
10Implementation (Human Services) Act, emergency rules to
11implement any provision of the Fiscal Year 2005 Budget
12Implementation (Human Services) Act may be adopted in
13accordance with this Section by the agency charged with
14administering that provision, except that the 24-month
15limitation on the adoption of emergency rules and the
16provisions of Sections 5-115 and 5-125 do not apply to rules
17adopted under this subsection (j). The Department of Public Aid
18may also adopt rules under this subsection (j) necessary to
19administer the Illinois Public Aid Code and the Children's
20Health Insurance Program Act. The adoption of emergency rules
21authorized by this subsection (j) shall be deemed to be
22necessary for the public interest, safety, and welfare.
23    (k) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252006 budget, emergency rules to implement any provision of
26Public Act 94-48 or any other budget initiative for fiscal year

 

 

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12006 may be adopted in accordance with this Section by the
2agency charged with administering that provision or
3initiative, except that the 24-month limitation on the adoption
4of emergency rules and the provisions of Sections 5-115 and
55-125 do not apply to rules adopted under this subsection (k).
6The Department of Healthcare and Family Services may also adopt
7rules under this subsection (k) necessary to administer the
8Illinois Public Aid Code, the Senior Citizens and Persons with
9Disabilities Property Tax Relief Act, the Senior Citizens and
10Disabled Persons Prescription Drug Discount Program Act (now
11the Illinois Prescription Drug Discount Program Act), and the
12Children's Health Insurance Program Act. The adoption of
13emergency rules authorized by this subsection (k) shall be
14deemed to be necessary for the public interest, safety, and
15welfare.
16    (l) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182007 budget, the Department of Healthcare and Family Services
19may adopt emergency rules during fiscal year 2007, including
20rules effective July 1, 2007, in accordance with this
21subsection to the extent necessary to administer the
22Department's responsibilities with respect to amendments to
23the State plans and Illinois waivers approved by the federal
24Centers for Medicare and Medicaid Services necessitated by the
25requirements of Title XIX and Title XXI of the federal Social
26Security Act. The adoption of emergency rules authorized by

 

 

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1this subsection (l) shall be deemed to be necessary for the
2public interest, safety, and welfare.
3    (m) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52008 budget, the Department of Healthcare and Family Services
6may adopt emergency rules during fiscal year 2008, including
7rules effective July 1, 2008, in accordance with this
8subsection to the extent necessary to administer the
9Department's responsibilities with respect to amendments to
10the State plans and Illinois waivers approved by the federal
11Centers for Medicare and Medicaid Services necessitated by the
12requirements of Title XIX and Title XXI of the federal Social
13Security Act. The adoption of emergency rules authorized by
14this subsection (m) shall be deemed to be necessary for the
15public interest, safety, and welfare.
16    (n) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182010 budget, emergency rules to implement any provision of
19Public Act 96-45 or any other budget initiative authorized by
20the 96th General Assembly for fiscal year 2010 may be adopted
21in accordance with this Section by the agency charged with
22administering that provision or initiative. The adoption of
23emergency rules authorized by this subsection (n) shall be
24deemed to be necessary for the public interest, safety, and
25welfare. The rulemaking authority granted in this subsection
26(n) shall apply only to rules promulgated during Fiscal Year

 

 

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12010.
2    (o) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42011 budget, emergency rules to implement any provision of
5Public Act 96-958 or any other budget initiative authorized by
6the 96th General Assembly for fiscal year 2011 may be adopted
7in accordance with this Section by the agency charged with
8administering that provision or initiative. The adoption of
9emergency rules authorized by this subsection (o) is deemed to
10be necessary for the public interest, safety, and welfare. The
11rulemaking authority granted in this subsection (o) applies
12only to rules promulgated on or after July 1, 2010 (the
13effective date of Public Act 96-958) through June 30, 2011.
14    (p) In order to provide for the expeditious and timely
15implementation of the provisions of Public Act 97-689,
16emergency rules to implement any provision of Public Act 97-689
17may be adopted in accordance with this subsection (p) by the
18agency charged with administering that provision or
19initiative. The 150-day limitation of the effective period of
20emergency rules does not apply to rules adopted under this
21subsection (p), and the effective period may continue through
22June 30, 2013. The 24-month limitation on the adoption of
23emergency rules does not apply to rules adopted under this
24subsection (p). The adoption of emergency rules authorized by
25this subsection (p) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

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1    (q) In order to provide for the expeditious and timely
2implementation of the provisions of Articles 7, 8, 9, 11, and
312 of Public Act 98-104, emergency rules to implement any
4provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
5may be adopted in accordance with this subsection (q) by the
6agency charged with administering that provision or
7initiative. The 24-month limitation on the adoption of
8emergency rules does not apply to rules adopted under this
9subsection (q). The adoption of emergency rules authorized by
10this subsection (q) is deemed to be necessary for the public
11interest, safety, and welfare.
12    (r) In order to provide for the expeditious and timely
13implementation of the provisions of Public Act 98-651,
14emergency rules to implement Public Act 98-651 may be adopted
15in accordance with this subsection (r) by the Department of
16Healthcare and Family Services. The 24-month limitation on the
17adoption of emergency rules does not apply to rules adopted
18under this subsection (r). The adoption of emergency rules
19authorized by this subsection (r) is deemed to be necessary for
20the public interest, safety, and welfare.
21    (s) In order to provide for the expeditious and timely
22implementation of the provisions of Sections 5-5b.1 and 5A-2 of
23the Illinois Public Aid Code, emergency rules to implement any
24provision of Section 5-5b.1 or Section 5A-2 of the Illinois
25Public Aid Code may be adopted in accordance with this
26subsection (s) by the Department of Healthcare and Family

 

 

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1Services. The rulemaking authority granted in this subsection
2(s) shall apply only to those rules adopted prior to July 1,
32015. Notwithstanding any other provision of this Section, any
4emergency rule adopted under this subsection (s) shall only
5apply to payments made for State fiscal year 2015. The adoption
6of emergency rules authorized by this subsection (s) is deemed
7to be necessary for the public interest, safety, and welfare.
8    (t) In order to provide for the expeditious and timely
9implementation of the provisions of Article II of Public Act
1099-6, emergency rules to implement the changes made by Article
11II of Public Act 99-6 to the Emergency Telephone System Act may
12be adopted in accordance with this subsection (t) by the
13Department of State Police. The rulemaking authority granted in
14this subsection (t) shall apply only to those rules adopted
15prior to July 1, 2016. The 24-month limitation on the adoption
16of emergency rules does not apply to rules adopted under this
17subsection (t). The adoption of emergency rules authorized by
18this subsection (t) is deemed to be necessary for the public
19interest, safety, and welfare.
20    (u) In order to provide for the expeditious and timely
21implementation of the provisions of the Burn Victims Relief
22Act, emergency rules to implement any provision of the Act may
23be adopted in accordance with this subsection (u) by the
24Department of Insurance. The rulemaking authority granted in
25this subsection (u) shall apply only to those rules adopted
26prior to December 31, 2015. The adoption of emergency rules

 

 

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1authorized by this subsection (u) is deemed to be necessary for
2the public interest, safety, and welfare.
3    (v) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 99-516,
5emergency rules to implement Public Act 99-516 may be adopted
6in accordance with this subsection (v) by the Department of
7Healthcare and Family Services. The 24-month limitation on the
8adoption of emergency rules does not apply to rules adopted
9under this subsection (v). The adoption of emergency rules
10authorized by this subsection (v) is deemed to be necessary for
11the public interest, safety, and welfare.
12    (w) In order to provide for the expeditious and timely
13implementation of the provisions of Public Act 99-796,
14emergency rules to implement the changes made by Public Act
1599-796 may be adopted in accordance with this subsection (w) by
16the Adjutant General. The adoption of emergency rules
17authorized by this subsection (w) is deemed to be necessary for
18the public interest, safety, and welfare.
19    (x) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 99-906,
21emergency rules to implement subsection (i) of Section 16-115D,
22subsection (g) of Section 16-128A, and subsection (a) of
23Section 16-128B of the Public Utilities Act may be adopted in
24accordance with this subsection (x) by the Illinois Commerce
25Commission. The rulemaking authority granted in this
26subsection (x) shall apply only to those rules adopted within

 

 

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1180 days after June 1, 2017 (the effective date of Public Act
299-906). The adoption of emergency rules authorized by this
3subsection (x) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (y) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 100-23,
7emergency rules to implement the changes made by Public Act
8100-23 to Section 4.02 of the Illinois Act on the Aging,
9Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
10Section 55-30 of the Alcoholism and Other Drug Abuse and
11Dependency Act, and Sections 74 and 75 of the Mental Health and
12Developmental Disabilities Administrative Act may be adopted
13in accordance with this subsection (y) by the respective
14Department. The adoption of emergency rules authorized by this
15subsection (y) is deemed to be necessary for the public
16interest, safety, and welfare.
17    (z) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 100-554,
19emergency rules to implement the changes made by Public Act
20100-554 to Section 4.7 of the Lobbyist Registration Act may be
21adopted in accordance with this subsection (z) by the Secretary
22of State. The adoption of emergency rules authorized by this
23subsection (z) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (aa) In order to provide for the expeditious and timely
26initial implementation of the changes made to Articles 5, 5A,

 

 

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112, and 14 of the Illinois Public Aid Code under the provisions
2of Public Act 100-581, the Department of Healthcare and Family
3Services may adopt emergency rules in accordance with this
4subsection (aa). The 24-month limitation on the adoption of
5emergency rules does not apply to rules to initially implement
6the changes made to Articles 5, 5A, 12, and 14 of the Illinois
7Public Aid Code adopted under this subsection (aa). The
8adoption of emergency rules authorized by this subsection (aa)
9is deemed to be necessary for the public interest, safety, and
10welfare.
11    (bb) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 100-587,
13emergency rules to implement the changes made by Public Act
14100-587 to Section 4.02 of the Illinois Act on the Aging,
15Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
16subsection (b) of Section 55-30 of the Alcoholism and Other
17Drug Abuse and Dependency Act, Section 5-104 of the Specialized
18Mental Health Rehabilitation Act of 2013, and Section 75 and
19subsection (b) of Section 74 of the Mental Health and
20Developmental Disabilities Administrative Act may be adopted
21in accordance with this subsection (bb) by the respective
22Department. The adoption of emergency rules authorized by this
23subsection (bb) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (cc) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 100-587,

 

 

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1emergency rules may be adopted in accordance with this
2subsection (cc) to implement the changes made by Public Act
3100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
4Pension Code by the Board created under Article 14 of the Code;
5Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
6the Board created under Article 15 of the Code; and Sections
716-190.5 and 16-190.6 of the Illinois Pension Code by the Board
8created under Article 16 of the Code. The adoption of emergency
9rules authorized by this subsection (cc) is deemed to be
10necessary for the public interest, safety, and welfare.
11    (dd) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 100-864,
13emergency rules to implement the changes made by Public Act
14100-864 to Section 3.35 of the Newborn Metabolic Screening Act
15may be adopted in accordance with this subsection (dd) by the
16Secretary of State. The adoption of emergency rules authorized
17by this subsection (dd) is deemed to be necessary for the
18public interest, safety, and welfare.
19    (ee) In order to provide for the expeditious and timely
20implementation of the provisions of this amendatory Act of the
21100th General Assembly, emergency rules implementing the
22Illinois Underground Natural Gas Storage Safety Act may be
23adopted in accordance with this subsection by the Department of
24Natural Resources. The adoption of emergency rules authorized
25by this subsection is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

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1    (ff) In order to provide for the expeditious and timely
2implementation of the provisions of this amendatory Act of the
3101st General Assembly, emergency rules may be adopted by the
4Department of Labor in accordance with this subsection (ff) to
5implement the changes made by this amendatory Act of the 101st
6General Assembly to the Minimum Wage Law. The adoption of
7emergency rules authorized by this subsection (ff) is deemed to
8be necessary for the public interest, safety, and welfare.
9(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
10eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
1199-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
12100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
133-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;
14100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
158-14-18; 100-1172, eff. 1-4-19.)
 
16    Section 10. The Illinois Income Tax Act is amended by
17changing Section 704A as follows:
 
18    (35 ILCS 5/704A)
19    Sec. 704A. Employer's return and payment of tax withheld.
20    (a) In general, every employer who deducts and withholds or
21is required to deduct and withhold tax under this Act on or
22after January 1, 2008 shall make those payments and returns as
23provided in this Section.
24    (b) Returns. Every employer shall, in the form and manner

 

 

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1required by the Department, make returns with respect to taxes
2withheld or required to be withheld under this Article 7 for
3each quarter beginning on or after January 1, 2008, on or
4before the last day of the first month following the close of
5that quarter.
6    (c) Payments. With respect to amounts withheld or required
7to be withheld on or after January 1, 2008:
8        (1) Semi-weekly payments. For each calendar year, each
9    employer who withheld or was required to withhold more than
10    $12,000 during the one-year period ending on June 30 of the
11    immediately preceding calendar year, payment must be made:
12            (A) on or before each Friday of the calendar year,
13        for taxes withheld or required to be withheld on the
14        immediately preceding Saturday, Sunday, Monday, or
15        Tuesday;
16            (B) on or before each Wednesday of the calendar
17        year, for taxes withheld or required to be withheld on
18        the immediately preceding Wednesday, Thursday, or
19        Friday.
20        Beginning with calendar year 2011, payments made under
21    this paragraph (1) of subsection (c) must be made by
22    electronic funds transfer.
23        (2) Semi-weekly payments. Any employer who withholds
24    or is required to withhold more than $12,000 in any quarter
25    of a calendar year is required to make payments on the
26    dates set forth under item (1) of this subsection (c) for

 

 

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1    each remaining quarter of that calendar year and for the
2    subsequent calendar year.
3        (3) Monthly payments. Each employer, other than an
4    employer described in items (1) or (2) of this subsection,
5    shall pay to the Department, on or before the 15th day of
6    each month the taxes withheld or required to be withheld
7    during the immediately preceding month.
8        (4) Payments with returns. Each employer shall pay to
9    the Department, on or before the due date for each return
10    required to be filed under this Section, any tax withheld
11    or required to be withheld during the period for which the
12    return is due and not previously paid to the Department.
13    (d) Regulatory authority. The Department may, by rule:
14        (1) Permit employers, in lieu of the requirements of
15    subsections (b) and (c), to file annual returns due on or
16    before January 31 of the year for taxes withheld or
17    required to be withheld during the previous calendar year
18    and, if the aggregate amounts required to be withheld by
19    the employer under this Article 7 (other than amounts
20    required to be withheld under Section 709.5) do not exceed
21    $1,000 for the previous calendar year, to pay the taxes
22    required to be shown on each such return no later than the
23    due date for such return.
24        (2) Provide that any payment required to be made under
25    subsection (c)(1) or (c)(2) is deemed to be timely to the
26    extent paid by electronic funds transfer on or before the

 

 

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1    due date for deposit of federal income taxes withheld from,
2    or federal employment taxes due with respect to, the wages
3    from which the Illinois taxes were withheld.
4        (3) Designate one or more depositories to which payment
5    of taxes required to be withheld under this Article 7 must
6    be paid by some or all employers.
7        (4) Increase the threshold dollar amounts at which
8    employers are required to make semi-weekly payments under
9    subsection (c)(1) or (c)(2).
10    (e) Annual return and payment. Every employer who deducts
11and withholds or is required to deduct and withhold tax from a
12person engaged in domestic service employment, as that term is
13defined in Section 3510 of the Internal Revenue Code, may
14comply with the requirements of this Section with respect to
15such employees by filing an annual return and paying the taxes
16required to be deducted and withheld on or before the 15th day
17of the fourth month following the close of the employer's
18taxable year. The Department may allow the employer's return to
19be submitted with the employer's individual income tax return
20or to be submitted with a return due from the employer under
21Section 1400.2 of the Unemployment Insurance Act.
22    (f) Magnetic media and electronic filing. With respect to
23taxes withheld in calendar years prior to 2017, any W-2 Form
24that, under the Internal Revenue Code and regulations
25promulgated thereunder, is required to be submitted to the
26Internal Revenue Service on magnetic media or electronically

 

 

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1must also be submitted to the Department on magnetic media or
2electronically for Illinois purposes, if required by the
3Department.
4    With respect to taxes withheld in 2017 and subsequent
5calendar years, the Department may, by rule, require that any
6return (including any amended return) under this Section and
7any W-2 Form that is required to be submitted to the Department
8must be submitted on magnetic media or electronically.
9    The due date for submitting W-2 Forms shall be as
10prescribed by the Department by rule.
11    (g) For amounts deducted or withheld after December 31,
122009, a taxpayer who makes an election under subsection (f) of
13Section 5-15 of the Economic Development for a Growing Economy
14Tax Credit Act for a taxable year shall be allowed a credit
15against payments due under this Section for amounts withheld
16during the first calendar year beginning after the end of that
17taxable year equal to the amount of the credit for the
18incremental income tax attributable to full-time employees of
19the taxpayer awarded to the taxpayer by the Department of
20Commerce and Economic Opportunity under the Economic
21Development for a Growing Economy Tax Credit Act for the
22taxable year and credits not previously claimed and allowed to
23be carried forward under Section 211(4) of this Act as provided
24in subsection (f) of Section 5-15 of the Economic Development
25for a Growing Economy Tax Credit Act. The credit or credits may
26not reduce the taxpayer's obligation for any payment due under

 

 

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1this Section to less than zero. If the amount of the credit or
2credits exceeds the total payments due under this Section with
3respect to amounts withheld during the calendar year, the
4excess may be carried forward and applied against the
5taxpayer's liability under this Section in the succeeding
6calendar years as allowed to be carried forward under paragraph
7(4) of Section 211 of this Act. The credit or credits shall be
8applied to the earliest year for which there is a tax
9liability. If there are credits from more than one taxable year
10that are available to offset a liability, the earlier credit
11shall be applied first. Each employer who deducts and withholds
12or is required to deduct and withhold tax under this Act and
13who retains income tax withholdings under subsection (f) of
14Section 5-15 of the Economic Development for a Growing Economy
15Tax Credit Act must make a return with respect to such taxes
16and retained amounts in the form and manner that the
17Department, by rule, requires and pay to the Department or to a
18depositary designated by the Department those withheld taxes
19not retained by the taxpayer. For purposes of this subsection
20(g), the term taxpayer shall include taxpayer and members of
21the taxpayer's unitary business group as defined under
22paragraph (27) of subsection (a) of Section 1501 of this Act.
23This Section is exempt from the provisions of Section 250 of
24this Act. No credit awarded under the Economic Development for
25a Growing Economy Tax Credit Act for agreements entered into on
26or after January 1, 2015 may be credited against payments due

 

 

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1under this Section.
2    (h) An employer may claim a credit against payments due
3under this Section for amounts withheld during the first
4calendar year ending after the date on which a tax credit
5certificate was issued under Section 35 of the Small Business
6Job Creation Tax Credit Act. The credit shall be equal to the
7amount shown on the certificate, but may not reduce the
8taxpayer's obligation for any payment due under this Section to
9less than zero. If the amount of the credit exceeds the total
10payments due under this Section with respect to amounts
11withheld during the calendar year, the excess may be carried
12forward and applied against the taxpayer's liability under this
13Section in the 5 succeeding calendar years. The credit shall be
14applied to the earliest year for which there is a tax
15liability. If there are credits from more than one calendar
16year that are available to offset a liability, the earlier
17credit shall be applied first. This Section is exempt from the
18provisions of Section 250 of this Act.
19    (i) Each employer with 50 or fewer full-time equivalent
20employees during the reporting period may claim a credit
21against the payments due under this Section for each qualified
22employee in an amount equal to the maximum credit allowable.
23The credit may be taken against payments due for reporting
24periods that begin on or after January 1, 2020, and end on or
25before December 31, 2027. An employer may not claim a credit
26for an employee who has worked fewer than 90 consecutive days

 

 

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1immediately preceding the reporting period; however, such
2credits may accrue during that 90-day period and be claimed
3against payments under this Section for future reporting
4periods after the employee has worked for the employer at least
590 consecutive days. In no event may the credit exceed the
6employer's liability for the reporting period. Each employer
7who deducts and withholds or is required to deduct and withhold
8tax under this Act and who retains income tax withholdings
9under this subsection must make a return with respect to such
10taxes and retained amounts in the form and manner that the
11Department, by rule, requires and pay to the Department or to a
12depositary designated by the Department those withheld taxes
13not retained by the employer.
14    For each reporting period, the employer may not claim a
15credit or credits for more employees than the number of
16employees making less than the minimum or reduced wage for the
17current calendar year during the last reporting period of the
18preceding calendar year. Notwithstanding any other provision
19of this subsection, an employer shall not be eligible for
20credits for a reporting period unless the average wage paid by
21the employer per employee for all employees making less than
22$55,000 during the reporting period is greater than the average
23wage paid by the employer per employee for all employees making
24less than $55,000 during the same reporting period of the prior
25calendar year.
26    For purposes of this subsection (i):

 

 

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1    "Compensation paid in Illinois" has the meaning ascribed to
2that term under Section 304(a)(2)(B) of this Act.
3    "Employer" and "employee" have the meaning ascribed to
4those terms in the Minimum Wage Law, except that "employee"
5also includes employees who work for an employer with fewer
6than 4 employees. Employers that operate more than one
7establishment pursuant to a franchise agreement or that
8constitute members of a unitary business group shall aggregate
9their employees for purposes of determining eligibility for the
10credit.
11    "Full-time equivalent employees" means the ratio of the
12number of paid hours during the reporting period and the number
13of working hours in that period.
14    "Maximum credit" means the percentage listed below of the
15difference between the amount of compensation paid in Illinois
16to employees who are paid not more than the required minimum
17wage reduced by the amount of compensation paid in Illinois to
18employees who were paid less than the current required minimum
19wage during the reporting period prior to each increase in the
20required minimum wage on January 1. If an employer pays an
21employee more than the required minimum wage and that employee
22previously earned less than the required minimum wage, the
23employer may include the portion that does not exceed the
24required minimum wage as compensation paid in Illinois to
25employees who are paid not more than the required minimum wage.
26        (1) 25% for reporting periods beginning on or after

 

 

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1    January 1, 2020 and ending on or before December 31, 2020;
2        (2) 21% for reporting periods beginning on or after
3    January 1, 2021 and ending on or before December 31, 2021;
4        (3) 17% for reporting periods beginning on or after
5    January 1, 2022 and ending on or before December 31, 2022;
6        (4) 13% for reporting periods beginning on or after
7    January 1, 2023 and ending on or before December 31, 2023;
8        (5) 9% for reporting periods beginning on or after
9    January 1, 2024 and ending on or before December 31, 2024;
10        (6) 5% for reporting periods beginning on or after
11    January 1, 2025 and ending on or before December 31, 2025.
12    The amount computed under this subsection may continue to
13be claimed for reporting periods beginning on or after January
141, 2026 and:
15        (A) ending on or before December 31, 2026 for employers
16    with more than 5 employees; or
17        (B) ending on or before December 31, 2027 for employers
18    with no more than 5 employees.
19    "Qualified employee" means an employee who is paid not more
20than the required minimum wage and has an average wage paid per
21hour by the employer during the reporting period equal to or
22greater than his or her average wage paid per hour by the
23employer during each reporting period for the immediately
24preceding 12 months. A new qualified employee is deemed to have
25earned the required minimum wage in the preceding reporting
26period.

 

 

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1    "Reporting period" means the quarter for which a return is
2required to be filed under subsection (b) of this Section.
3(Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17;
4100-863, eff. 8-14-18.)
 
5    Section 15. The Minimum Wage Law is amended by changing
6Sections 4, 7, 10, 11, and 12 as follows:
 
7    (820 ILCS 105/4)  (from Ch. 48, par. 1004)
8    Sec. 4. (a)(1) Every employer shall pay to each of his
9employees in every occupation wages of not less than $2.30 per
10hour or in the case of employees under 18 years of age wages of
11not less than $1.95 per hour, except as provided in Sections 5
12and 6 of this Act, and on and after January 1, 1984, every
13employer shall pay to each of his employees in every occupation
14wages of not less than $2.65 per hour or in the case of
15employees under 18 years of age wages of not less than $2.25
16per hour, and on and after October 1, 1984 every employer shall
17pay to each of his employees in every occupation wages of not
18less than $3.00 per hour or in the case of employees under 18
19years of age wages of not less than $2.55 per hour, and on or
20after July 1, 1985 every employer shall pay to each of his
21employees in every occupation wages of not less than $3.35 per
22hour or in the case of employees under 18 years of age wages of
23not less than $2.85 per hour, and from January 1, 2004 through
24December 31, 2004 every employer shall pay to each of his or

 

 

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1her employees who is 18 years of age or older in every
2occupation wages of not less than $5.50 per hour, and from
3January 1, 2005 through June 30, 2007 every employer shall pay
4to each of his or her employees who is 18 years of age or older
5in every occupation wages of not less than $6.50 per hour, and
6from July 1, 2007 through June 30, 2008 every employer shall
7pay to each of his or her employees who is 18 years of age or
8older in every occupation wages of not less than $7.50 per
9hour, and from July 1, 2008 through June 30, 2009 every
10employer shall pay to each of his or her employees who is 18
11years of age or older in every occupation wages of not less
12than $7.75 per hour, and from July 1, 2009 through June 30,
132010 every employer shall pay to each of his or her employees
14who is 18 years of age or older in every occupation wages of
15not less than $8.00 per hour, and from on and after July 1,
162010 through December 31, 2019 every employer shall pay to each
17of his or her employees who is 18 years of age or older in every
18occupation wages of not less than $8.25 per hour, and from
19January 1, 2020 through June 30, 2020, every employer shall pay
20to each of his or her employees who is 18 years of age or older
21in every occupation wages of not less than $9.25 per hour, and
22from July 1, 2020 through December 31, 2020 every employer
23shall pay to each of his or her employees who is 18 years of age
24or older in every occupation wages of not less than $10 per
25hour, and from January 1, 2021 through December 31, 2021 every
26employer shall pay to each of his or her employees who is 18

 

 

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1years of age or older in every occupation wages of not less
2than $11 per hour, and from January 1, 2022 through December
331, 2022 every employer shall pay to each of his or her
4employees who is 18 years of age or older in every occupation
5wages of not less than $12 per hour, and from January 1, 2023
6through December 31, 2023 every employer shall pay to each of
7his or her employees who is 18 years of age or older in every
8occupation wages of not less than $13 per hour, and from
9January 1, 2024 through December 31, 2024, every employer shall
10pay to each of his or her employees who is 18 years of age or
11older in every occupation wages of not less than $14 per hour;
12and on and after January 1, 2025, every employer shall pay to
13each of his or her employees who is 18 years of age or older in
14every occupation wages of not less than $15 per hour.
15    (2) Unless an employee's wages are reduced under Section 6,
16then in lieu of the rate prescribed in item (1) of this
17subsection (a), an employer may pay an employee who is 18 years
18of age or older, during the first 90 consecutive calendar days
19after the employee is initially employed by the employer, a
20wage that is not more than 50 less than the wage prescribed in
21item (1) of this subsection (a); however, an employer shall pay
22not less than the rate prescribed in item (1) of this
23subsection (a) to:
24        (A) a day or temporary laborer, as defined in Section 5
25    of the Day and Temporary Labor Services Act, who is 18
26    years of age or older; and

 

 

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1        (B) an employee who is 18 years of age or older and
2    whose employment is occasional or irregular and requires
3    not more than 90 days to complete.
4    (3) At no time on or before December 31, 2019 shall the
5wages paid to any employee under 18 years of age be more than
650 less than the wage required to be paid to employees who are
7at least 18 years of age under item (1) of this subsection (a).
8Beginning on January 1, 2020, every employer shall pay to each
9of his or her employees who is under 18 years of age that has
10worked more than 650 hours for the employer during any calendar
11year a wage not less than the wage required for employees who
12are 18 years of age or older under paragraph (1) of subsection
13(a) of Section 4 of this Act. Every employer shall pay to each
14of his or her employees who is under 18 years of age that has
15not worked more than 650 hours for the employer during any
16calendar year: (1) $8 per hour from January 1, 2020 through
17December 31, 2020; (2) $8.50 per hour from January 1, 2021
18through December 31, 2021; (3) $9.25 per hour from January 1,
192022 through December 31, 2022; (4) $10.50 per hour from
20January 1, 2023 through December 31, 2023; (5) $12 per hour
21from January 1, 2024 through December 31, 2024; and (6) $13 per
22hour on and after January 1, 2025.
23    (b) No employer shall discriminate between employees on the
24basis of sex or mental or physical disability, except as
25otherwise provided in this Act by paying wages to employees at
26a rate less than the rate at which he pays wages to employees

 

 

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1for the same or substantially similar work on jobs the
2performance of which requires equal skill, effort, and
3responsibility, and which are performed under similar working
4conditions, except where such payment is made pursuant to (1) a
5seniority system; (2) a merit system; (3) a system which
6measures earnings by quantity or quality of production; or (4)
7a differential based on any other factor other than sex or
8mental or physical disability, except as otherwise provided in
9this Act.
10    (c) Every employer of an employee engaged in an occupation
11in which gratuities have customarily and usually constituted
12and have been recognized as part of the remuneration for hire
13purposes is entitled to an allowance for gratuities as part of
14the hourly wage rate provided in Section 4, subsection (a) in
15an amount not to exceed 40% of the applicable minimum wage
16rate. The Director shall require each employer desiring an
17allowance for gratuities to provide substantial evidence that
18the amount claimed, which may not exceed 40% of the applicable
19minimum wage rate, was received by the employee in the period
20for which the claim of exemption is made, and no part thereof
21was returned to the employer.
22    (d) No camp counselor who resides on the premises of a
23seasonal camp of an organized not-for-profit corporation shall
24be subject to the adult minimum wage if the camp counselor (1)
25works 40 or more hours per week, and (2) receives a total
26weekly salary of not less than the adult minimum wage for a

 

 

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140-hour week. If the counselor works less than 40 hours per
2week, the counselor shall be paid the minimum hourly wage for
3each hour worked. Every employer of a camp counselor under this
4subsection is entitled to an allowance for meals and lodging as
5part of the hourly wage rate provided in Section 4, subsection
6(a), in an amount not to exceed 25% of the minimum wage rate.
7    (e) A camp counselor employed at a day camp is not subject
8to the adult minimum wage if the camp counselor is paid a
9stipend on a onetime or periodic basis and, if the camp
10counselor is a minor, the minor's parent, guardian or other
11custodian has consented in writing to the terms of payment
12before the commencement of such employment.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (820 ILCS 105/7)  (from Ch. 48, par. 1007)
15    Sec. 7. The Director or his authorized representatives have
16the authority to:
17    (a) Investigate and gather data regarding the wages, hours
18and other conditions and practices of employment in any
19industry subject to this Act, and may enter and inspect such
20places and such records (and make such transcriptions thereof)
21at reasonable times during regular business hours, not
22including lunch time at a restaurant, question such employees,
23and investigate such facts, conditions, practices or matters as
24he may deem necessary or appropriate to determine whether any
25person has violated any provision of this Act, or which may aid

 

 

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1in the enforcement of this Act.
2    (b) Require from any employer full and correct statements
3and reports in writing, including sworn statements, at such
4times as the Director may deem necessary, of the wages, hours,
5names, addresses, and other information pertaining to his
6employees as he may deem necessary for the enforcement of this
7Act.
8    (c) Require by subpoena the attendance and testimony of
9witnesses and the production of all books, records, and other
10evidence relative to a matter under investigation or hearing.
11The subpoena shall be signed and issued by the Director or his
12or her authorized representative. If a person fails to comply
13with any subpoena lawfully issued under this Section or a
14witness refuses to produce evidence or testify to any matter
15regarding which he or she may be lawfully interrogated, the
16court may, upon application of the Director or his or her
17authorized representative, compel obedience by proceedings for
18contempt.
19    (d) Make random audits of employers in any industry subject
20to this Act to determine compliance with this Act.
21(Source: P.A. 94-1025, eff. 7-14-06.)
 
22    (820 ILCS 105/10)  (from Ch. 48, par. 1010)
23    Sec. 10. (a) The Director shall make and revise
24administrative regulations, including definitions of terms, as
25he deems appropriate to carry out the purposes of this Act, to

 

 

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1prevent the circumvention or evasion thereof, and to safeguard
2the minimum wage established by the Act. Regulations governing
3employment of learners may be issued only after notice and
4opportunity for public hearing, as provided in subsection (c)
5of this Section.
6    (b) In order to prevent curtailment of opportunities for
7employment, avoid undue hardship, and safeguard the minimum
8wage rate under this Act, the Director may also issue
9regulations providing for the employment of workers with
10disabilities at wages lower than the wage rate applicable under
11this Act, under permits and for such periods of time as
12specified therein; and providing for the employment of learners
13at wages lower than the wage rate applicable under this Act.
14However, such regulation shall not permit lower wages for
15persons with disabilities on any basis that is unrelated to
16such person's ability resulting from his disability, and such
17regulation may be issued only after notice and opportunity for
18public hearing as provided in subsection (c) of this Section.
19    (c) Prior to the adoption, amendment or repeal of any rule
20or regulation by the Director under this Act, except
21regulations which concern only the internal management of the
22Department of Labor and do not affect any public right provided
23by this Act, the Director shall give proper notice to persons
24in any industry or occupation that may be affected by the
25proposed rule or regulation, and hold a public hearing on his
26proposed action at which any such affected person, or his duly

 

 

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1authorized representative, may attend and testify or present
2other evidence for or against such proposed rule or regulation.
3Rules and regulations adopted under this Section shall be filed
4with the Secretary of State in compliance with "An Act
5concerning administrative rules", as now or hereafter amended.
6Such adopted and filed rules and regulations shall become
7effective 10 days after copies thereof have been mailed by the
8Department to persons in industries affected thereby at their
9last known address.
10    (d) The commencement of proceedings by any person aggrieved
11by an administrative regulation issued under this Act does not,
12unless specifically ordered by the Court, operate as a stay of
13that administrative regulation against other persons. The
14Court shall not grant any stay of an administrative regulation
15unless the person complaining of such regulation files in the
16Court an undertaking with a surety or sureties satisfactory to
17the Court for the payment to the employees affected by the
18regulation, in the event such regulation is affirmed, of the
19amount by which the compensation such employees are entitled to
20receive under the regulation exceeds the compensation they
21actually receive while such stay is in effect.
22    (e) The Department may adopt emergency rules in accordance
23with Section 5-45 of the Illinois Administrative Procedure Act
24to implement the changes made by this amendatory Act of the
25101st General Assembly.
26(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

SB0001 Enrolled- 35 -LRB101 06174 JWD 51196 b

1    (820 ILCS 105/11)  (from Ch. 48, par. 1011)
2    Sec. 11. (a) Any employer or his agent, or the officer or
3agent of any private employer who:
4        (1) hinders or delays the Director or his authorized
5    representative in the performance of his duties in the
6    enforcement of this Act; or
7        (2) refuses to admit the Director or his authorized
8    representative to any place of employment; or
9        (3) fails to keep the records required under this Act
10    or to furnish such records required or any information to
11    be furnished under this Act to the Director or his
12    authorized representative upon request; or
13        (4) fails to make and preserve any records as required
14    hereunder; or
15        (5) falsifies any such record; or
16        (6) refuses to make such records available to the
17    Director or his authorized representative; or
18        (7) refuses to furnish a sworn statement of such
19    records or any other information required for the proper
20    enforcement of this Act; or
21        (8) fails to post a summary of this Act or a copy of
22    any applicable regulation as required by Section 9 of this
23    Act;
24shall be guilty of a Class B misdemeanor; and each day of such
25failure to keep the records required under this Act or to

 

 

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1furnish such records or information to the Director or his
2authorized representative or to fail to post information as
3required herein constitutes a separate offense. Any such
4employer who fails to keep payroll records as required by this
5Act shall be liable to the Department for a penalty of $100 per
6impacted employee, payable to the Department's Wage Theft
7Enforcement Fund.
8    (b) Any employer or his agent, or the officer or agent of
9any private employer, who pays or agrees to pay to any employee
10wages at a rate less than the rate applicable under this Act or
11of any regulation issued under this Act is guilty of a Class B
12misdemeanor, and each week on any day of which such employee is
13paid less than the wage rate applicable under this Act
14constitutes a separate offense.
15    (c) Any employer or his agent, or the officer or agent of
16any private employer, who discharges or in any other manner
17discriminates against any employee because that employee has
18made a complaint to his employer, or to the Director or his
19authorized representative, that he has not been paid wages in
20accordance with the provisions of this Act, or because that
21employee has caused to be instituted or is about to cause to be
22instituted any proceeding under or related to this Act, or
23because that employee has testified or is about to testify in
24an investigation or proceeding under this Act, is guilty of a
25Class B misdemeanor.
26    (d) It is the duty of the Department of Labor to inquire

 

 

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1diligently for any violations of this Act, and to institute the
2action for penalties herein provided, and to enforce generally
3the provisions of this Act.
4(Source: P.A. 86-799.)
 
5    (820 ILCS 105/12)  (from Ch. 48, par. 1012)
6    Sec. 12. (a) If any employee is paid by his employer less
7than the wage to which he is entitled under the provisions of
8this Act, the employee may recover in a civil action treble the
9amount of any such underpayments together with costs and such
10reasonable attorney's fees as may be allowed by the Court, and
11damages of 5% 2% of the amount of any such underpayments for
12each month following the date of payment during which such
13underpayments remain unpaid. Any agreement between the
14employee and the employer to work for less than such wage is no
15defense to such action. At the request of the employee or on
16motion of the Director of Labor, the Department of Labor may
17make an assignment of such wage claim in trust for the
18assigning employee and may bring any legal action necessary to
19collect such claim, and the employer shall be required to pay
20the costs incurred in collecting such claim. Every such action
21shall be brought within 3 years from the date of the
22underpayment. Such employer shall be liable to the Department
23of Labor for up to 20% of the total employer's underpayment
24where the employer's conduct is proven by a preponderance of
25the evidence to be willful, repeated, or with reckless

 

 

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1disregard of this Act or any rule adopted under this Act. Such
2employer shall be liable to the Department for an additional
3penalty of $1,500, payable to the Department's Wage Theft
4Enforcement Fund. Such employer shall be additionally liable to
5the employee for damages in the amount of 5% 2% of the amount
6of any such underpayments for each month following the date of
7payment during which such underpayments remain unpaid. These
8penalties and damages may be recovered in a civil action
9brought by the Director of Labor in any circuit court. In any
10such action, the Director of Labor shall be represented by the
11Attorney General.
12    If an employee collects damages of 5% 2% of the amount of
13underpayments as a result of an action brought by the Director
14of Labor, the employee may not also collect those damages in a
15private action brought by the employee for the same violation.
16If an employee collects damages of 5% 2% of the amount of
17underpayments in a private action brought by the employee, the
18employee may not also collect those damages as a result of an
19action brought by the Director of Labor for the same violation.
20    (b) If an employee has not collected damages under
21subsection (a) for the same violation, the Director is
22authorized to supervise the payment of the unpaid minimum wages
23and the unpaid overtime compensation owing to any employee or
24employees under Sections 4 and 4a of this Act and may bring any
25legal action necessary to recover the amount of the unpaid
26minimum wages and unpaid overtime compensation and an equal

 

 

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1additional amount as damages, and the employer shall be
2required to pay the costs incurred in collecting such claim.
3Such employer shall be additionally liable to the Department of
4Labor for up to 20% of the total employer's underpayment where
5the employer's conduct is proven by a preponderance of the
6evidence to be willful, repeated, or with reckless disregard of
7this Act or any rule adopted under this Act. Such employer
8shall be liable to the Department of Labor for an additional
9penalty of $1,500, payable to the Department's Wage Theft
10Enforcement Fund. The action shall be brought within 5 years
11from the date of the failure to pay the wages or compensation.
12Any sums thus recovered by the Director on behalf of an
13employee pursuant to this subsection shall be paid to the
14employee or employees affected. Any sums which, more than one
15year after being thus recovered, the Director is unable to pay
16to an employee shall be deposited into the General Revenue
17Fund.
18(Source: P.A. 94-1025, eff. 7-14-06.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.