Full Text of SB0161 101st General Assembly
SB0161sam001 101ST GENERAL ASSEMBLY | Sen. John F. Curran Filed: 3/20/2019
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| 1 | | AMENDMENT TO SENATE BILL 161
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 161 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Attorney General Act is amended by adding | 5 | | Sections 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 | 9 | | prosperity of all Illinois citizens and businesses requires the | 10 | | establishment of a Unit within the Attorney General's Office | 11 | | dedicated to combatting businesses that underpay their | 12 | | employees, force their employees to work in unsafe conditions, | 13 | | and gain an unfair economic advantage by avoiding their tax and | 14 | | labor responsibilities. The Worker Protection Unit shall be | 15 | | focused on protecting the State's workforce to ensure workers | 16 | | are paid properly, guarantee safe workplaces, and allow |
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| 1 | | law-abiding business owners to thrive through healthy and fair | 2 | | competition. Businesses that violate the State's worker | 3 | | protection laws put a greater burden on taxpayers by hurting | 4 | | the State's ability to provide critical services; compliant | 5 | | businesses cannot compete against those who gain an unfair | 6 | | advantage by evading their responsibilities. | 7 | | (b) There is created within the Office of the Attorney | 8 | | General a Worker Protection Unit, consisting of Assistant | 9 | | Attorneys General appointed by the Attorney General, who, | 10 | | together with other staff as deemed necessary by the Attorney | 11 | | General, shall have the power and duty on behalf of persons | 12 | | within this State, to intervene in, initiate, and enforce all | 13 | | legal proceedings on matters related to the payment of wages, | 14 | | the safety of the workplace, and fair employment practices, | 15 | | including, without limitation, the provisions of the | 16 | | Prevailing Wage Act, the Employee Classification Act, the | 17 | | Minimum Wage Law, the Day and Temporary Labor Services Act, or | 18 | | the Wage Payment and Collection Act, whenever the Attorney | 19 | | General determines that such action is necessary to protect the | 20 | | rights and interests of Illinois workers and Illinois | 21 | | businesses. | 22 | | (c) Prior to initiating an action, the Attorney General | 23 | | shall conduct an investigation and may: (1) require an | 24 | | individual or entity to file a statement or report in writing | 25 | | under oath or otherwise, as to all information the Attorney | 26 | | General may consider necessary; (2) examine under oath any |
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| 1 | | person alleged to have participated in or with knowledge of the | 2 | | alleged violation; or (3) issue subpoenas or conduct hearings | 3 | | in aid of any investigation. | 4 | | (d) In an action brought under this Section, the Attorney | 5 | | General may obtain, as a remedy, monetary damages to the State, | 6 | | restitution, and equitable relief, including any permanent or | 7 | | preliminary injunction, temporary restraining order, or other | 8 | | order, including an order enjoining the defendant from engaging | 9 | | in a violation, or order any action as may be appropriate. In | 10 | | addition, the Attorney General may request and the court may | 11 | | impose a civil penalty against any person or entity found by | 12 | | the court to have violated the Prevailing Wage Act, the | 13 | | Employee Classification Act, the Minimum Wage Law, the Day and | 14 | | Temporary Labor Services Act, the Wage Payment and Collection | 15 | | Act, or any other law related to the payment of wages, the | 16 | | safety of the workplace, or fair employment practices, in a sum | 17 | | not to exceed the maximum amount of any civil penalty | 18 | | prescribed by law. Neither the State nor an aggrieved | 19 | | individual may recover monetary relief, including civil | 20 | | penalties, in more than one proceeding related to the same | 21 | | violation. | 22 | | (e) Upon the Attorney General's request, the Illinois | 23 | | Department of Labor shall provide any materials or documents | 24 | | already in the Department's possession pertaining to the | 25 | | enforcement of this Section. The Office of the Attorney General | 26 | | may use information obtained under this Section, including |
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| 1 | | information that is designated as and that qualifies for | 2 | | confidential treatment, which information the Attorney | 3 | | General's Office shall maintain as confidential, for law | 4 | | enforcement purposes only, which information may be shared with | 5 | | other law enforcement officials. Nothing in this Section is | 6 | | intended to take away or limit any powers of the Attorney | 7 | | General under common law or other statutory law. | 8 | | (15 ILCS 205/6.4 new) | 9 | | Sec. 6.4. Worker Protection Unit Task Force. | 10 | | (a) There is created a Worker Protection Task Force within | 11 | | the Office of the Illinois Attorney General. The Task Force | 12 | | shall be coordinated by the Office of the Attorney General to | 13 | | promote a statewide outreach and enforcement effort to target | 14 | | businesses that violate the State's worker protection laws. The | 15 | | purpose of the Task Force shall be to: | 16 | | (1) create a coalition in Illinois dedicated to | 17 | | protecting the State's workforce and law-abiding | 18 | | businesses; | 19 | | (2) facilitate the timely sharing of information | 20 | | between Task Force members relating to suspected worker | 21 | | exploitation; | 22 | | (3) promote the refinement of targeting methods and | 23 | | best practices, and develop strategies to systemically | 24 | | investigate worker exploitation; and | 25 | | (4) work cooperatively with labor and community |
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| 1 | | organizations, businesses and business coalitions, and | 2 | | other advocacy groups to increase public awareness on the | 3 | | underground economy in an effort to promote fairness, | 4 | | combat discrimination, and protect the welfare of the | 5 | | State. | 6 | | (b) The Task Force shall consist of: | 7 | | (1) the Illinois Attorney General; | 8 | | (2) Assistant Attorneys General, assigned at the | 9 | | discretion of the Illinois Attorney General; | 10 | | (3) three elected State's Attorneys of Illinois, or | 11 | | their designees, selected by the Attorney General; | 12 | | (4) the Director of Labor or his or her designee; | 13 | | (5) the Director of Employment Security or his or her | 14 | | designee; | 15 | | (6) the Director of Human Rights or his or her | 16 | | designee; and | 17 | | (7) the chairperson of the Illinois Workers' | 18 | | Compensation Commission or his or her designee. | 19 | | (c) The Task Force shall elect a chairperson from its | 20 | | membership and shall have the authority to determine its own | 21 | | meeting schedule, hearing schedule, and agendas. Members of the | 22 | | Task Force shall serve without compensation. | 23 | | (d) The Task Force shall submit a report to the Governor | 24 | | and the General Assembly regarding its progress no later than | 25 | | December 1, 2020. | 26 | | (e) This Section is repealed December 1, 2021. ".
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