SB0797ham002 93RD GENERAL ASSEMBLY

Rep. Larry McKeon

Filed: 5/12/2004

09300SB0797ham002 LRB093 03139 WGH 50853 a

AMENDMENT TO SENATE BILL 797

AMENDMENT NO. ______. Amend Senate Bill 797, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 5, by replacing lines 14 and 15 with the following:

"Section 90. The State Finance Act is amended by changing Section 5.306 and adding Section 5.625 as follows:

(30 ILCS 105/5.306) (from Ch. 127, par. 141.306)

Sec. 5.306. The Child Labor, and Day and Temporary Labor Services, and Prevailing Wage Enforcement Fund.

(Source: P.A. 92-783, eff. 1-1-03.)"; and

on page 9, by inserting after line 27 the following:

"Section 93. The Child Labor Law is amended by changing Section 17.3 as follows:

(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)

Sec. 17.3. Any employer who violates any of the provisions of this Act or any rule or regulation issued under the Act shall be subject to a civil penalty of not to exceed $5,000 for each such violation. In determining the amount of such penalty, the appropriateness of such penalty to the size of the business of the employer charged and the gravity of the violation shall be considered. The amount of such penalty, when finally determined, may be

(1) recovered in a civil action brought by the Director of Labor in any circuit court, in which litigation the Director of Labor shall be represented by the Attorney General;

(2) ordered by the court, in an action brought for violation under Section 19, to be paid to the Director of Labor.

Any administrative determination by the Department of Labor of the amount of each penalty shall be final unless reviewed as provided in Section 17.1 of this Act.

Civil penalties recovered under this Section shall be paid into the Child Labor, and Day and Temporary Labor Services, and Prevailing Wage Enforcement Fund, a special fund which is hereby created in the State treasury. Moneys in the Fund may be used, subject to appropriation, for exemplary programs, demonstration projects, and other activities or purposes related to the enforcement of this Act or for the activities or purposes related to the enforcement of the Day and Temporary Labor Services Act or the Prevailing Wage Act.

(Source: P.A. 92-783, eff. 1-1-03.)

Section 94. The Prevailing Wage Act is amended by adding Section 11c as follows:

(820 ILCS 130/11c new)

Sec. 11c. Prevailing Wage Enforcement Fund. Forty percent of the civil penalties recovered under this Act shall be deposited into the Child Labor, Day and Temporary Labor Services, and Prevailing Wage Enforcement Fund and may be used for the purposes set forth in Section 17.3 of the Child Labor Law.".