Illinois General Assembly - Full Text of SB0193
Illinois General Assembly

Previous General Assemblies

Full Text of SB0193  100th General Assembly




SB0193 EnrolledLRB100 05979 SMS 16007 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Attorney General Act is amended by adding
5Sections 6.3 and 6.4 as follows:
6    (15 ILCS 205/6.3 new)
7    Sec. 6.3. Worker Protection Unit.
8    (a) The General Assembly finds that the welfare and
9prosperity of all Illinois citizens and businesses requires the
10establishment of a Unit within the Attorney General's Office
11dedicated to combat the State's underground economy, which
12forces its employees to work in unsafe conditions and gives
13businesses that avoid their tax and labor responsibilities an
14unfair economic advantage. The Worker Protection Unit shall be
15focused on protecting the State's workforce to ensure workers
16are paid properly, guarantee safe workplaces, and allow
17law-abiding business owners to thrive through healthy and fair
18competition. Businesses that operate "off-the-books" put a
19greater burden on taxpayers by hurting the State's ability to
20provide critical services; compliant businesses cannot compete
21against those who gain an unfair advantage by evading their
23    (b) There is created within the Office of the Attorney



SB0193 Enrolled- 2 -LRB100 05979 SMS 16007 b

1General a Worker Protection Unit, consisting of Assistant
2Attorneys General appointed by the Attorney General, who,
3together with other staff as deemed necessary by the Attorney
4General, shall have the power and duty on behalf of the People
5of the State, as parens patriae on behalf of persons within the
6State, to intervene in, initiate, enforce, and defend all
7criminal or civil legal proceedings on matters and violations
8relating to the Prevailing Wage Act, the Employee
9Classification Act, the Minimum Wage Law, the Day and Temporary
10Labor Services Act, and the Wage Payment and Collection Act,
11whenever the Attorney General determines that such action is
12necessary to protect the rights and interests of Illinois
13workers and Illinois businesses.
14    (c) In addition to the investigative and enforcement powers
15available to the Attorney General under the laws of this State,
16the Attorney General has the power and authority,
17notwithstanding and regardless of any proceeding instituted or
18to be instituted by or before the Illinois Department of Labor,
19or any other administrative agency, to protect the rights and
20interests of Illinois workers and Illinois businesses by
21commencing an action or proceeding in circuit court. Prior to
22initiating an action, the Attorney General shall conduct an
23investigation and may: (1) require an individual or entity to
24file a statement or report in writing under oath or otherwise,
25as to all information the Attorney General may consider
26necessary; (2) examine under oath any person alleged to have



SB0193 Enrolled- 3 -LRB100 05979 SMS 16007 b

1participated in or with knowledge of the alleged violation; or
2(3) issue subpoenas or conduct hearings in aid of any
4    (d) In an action brought under this Section, the Attorney
5General may obtain, as a remedy, monetary damages to the State,
6restitution, and equitable relief, including any permanent or
7preliminary injunction, temporary restraining order, or other
8order, including an order enjoining the defendant from engaging
9in a violation, or order any action as may be appropriate. In
10addition, the Attorney General may request and the court may
11impose a civil penalty against any person or entity found by
12the court to have engaged in a violation of the Prevailing Wage
13Act, the Employee Classification Act, the Minimum Wage Law, the
14Day and Temporary Labor Services Act, and the Wage Payment and
15Collection Act, in a sum not to exceed the civil penalty
16provided in the respective Act that was violated. An aggrieved
17individual may not recover monetary relief in more than one
19    (e) Upon the Attorney General's request, the Illinois
20Department of Labor shall provide any materials or documents
21already in the Department's possession pertaining to the
22enforcement of this Section. Nothing in this Section is
23intended to take away or limit any powers of the Attorney
24General under common law or other statutory law.
25    (15 ILCS 205/6.4 new)



SB0193 Enrolled- 4 -LRB100 05979 SMS 16007 b

1    Sec. 6.4. Worker Protection Unit Task Force.
2    (a) There is created a Worker Protection Task Force within
3the Office of the Illinois Attorney General. The Task Force
4shall be coordinated by the Office of the Attorney General and
5be made up of a coalition of State's Attorneys across the State
6of Illinois to promote a statewide outreach and enforcement
7effort to target Illinois' underground economy. The purpose of
8the Task Force shall be to:
9        (1) create a coalition of State's Attorneys in Illinois
10    dedicated to protecting the State's workforce and
11    law-abiding businesses;
12        (2) facilitate the timely sharing of information
13    between Task Force members relating to suspected worker
14    exploitation;
15        (3) promote the refinement of targeting methods, best
16    practices, and to develop strategies to systemically
17    investigate worker exploitation; and
18        (4) work cooperatively with labor and community
19    organizations, businesses and business coalitions, and
20    other advocacy groups to increase public awareness on the
21    underground economy in an effort to promote fairness,
22    combat discrimination, and protect the welfare of the
23    State.
24    (b) The Task Force shall consist of:
25        (1) the Illinois Attorney General;
26        (2) Assistant Attorneys General, assigned at the



SB0193 Enrolled- 5 -LRB100 05979 SMS 16007 b

1    discretion of the Illinois Attorney General; and
2        (3) elected State's Attorneys of Illinois, or a
3    designee as may be appointed by each State's Attorney who
4    is a member of the Task Force to act as his or her
5    representative.
6    (c) The Task Force shall elect a chairperson from its
7membership and shall have the authority to determine its own
8meeting schedule, hearing schedule, and agendas. Members of the
9Task Force shall serve without compensation.
10    (d) The Task Force shall submit a report to the Governor
11and the General Assembly regarding its progress no later than
12December 1, 2018.
13    (e) This Section is repealed December 1, 2019.