HB2095sam001 97TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 5/17/2011

09700HB2095sam001 LRB097 07727 KTG 55769 a

AMENDMENT TO HOUSE BILL 2095

AMENDMENT NO. ______. Amend House Bill 2095 by replacing everything after the enacting clause with the following:

"Section 5. The Service Member's Employment Tenure Act is amended by changing Section 6 and by adding Section 8 as follows:

(330 ILCS 60/6) (from Ch. 126 1/2, par. 34)

Sec. 6. Employer's violation of Act; penalty; employee's remedies.

(a) An employer's knowing violation of this Act is a Class A misdemeanor with a mandatory minimum business offense punishable by a fine of not less than $5,000 and a maximum fine of not more than $10,000.

(b) In case any employer fails or refuses to comply with this Act, the circuit court of the county in which such private employer maintains a place of business, or of the county where such State employee performs most of his duties, has power, upon the filing of a complaint by the person entitled to the benefits of this Act, to specifically require such employer to comply with this Act and to compensate such person for any loss of wages or benefits suffered by reason of such employer's unlawful action, together with reasonable attorney's fees and costs. No fees or court costs shall be taxed against any person applying for the benefits of this Act.

The court shall, in its sound discretion, give preference to the hearing and disposition of such cases over other matters then pending before it.

(Source: P.A. 93-828, eff. 7-28-04.)

(330 ILCS 60/8 new)

Sec. 8. Attorney General; employer list. The Attorney General shall establish and maintain a statewide list of employers who have been convicted of violating this Act. The Attorney General shall make the information in the list available to the public on its official web site and by any other means the Attorney General deems appropriate.

Section 99. Effective date. This Act takes effect upon becoming law.".