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91_HB4123
LRB9112313WHcs
1 AN ACT to amend the Illinois Street Trades Law by
2 changing Section 2.3 and adding Sections 8.1, 8.2, and 8.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Street Trades Law is amended by
6 changing Section 2.3 and adding Sections 8.1, 8.2, and 8.3 as
7 follows:
8 (820 ILCS 215/2.3) (from Ch. 48, par. 31.52-3)
9 Sec. 2.3. "Minor" means any person under 18 years of age
10 of such an age of such an age that his employment is
11 regulated by a provision of "An Act to regulate the
12 employment of children and to repeal an Act herein named",
13 approved June 30, 1945, as amended.
14 (Source: P.A. 79-861.)
15 (820 ILCS 215/8.1)
16 Sec. 8.1. Judicial review. Any party to a proceeding
17 under this Act may apply for and obtain judicial review of an
18 order of the Department of Labor entered under this Act in
19 accordance with the provisions of the Administrative Review
20 Law and the Department in proceedings under this Section may
21 obtain an order of court for the enforcement of its order.
22 (820 ILCS 215/8.2)
23 Sec. 8.2. Violation of orders. Whenever it appears that
24 any employer has violated a valid order of the Department of
25 Labor issued under this Act, the Director of Labor may
26 commence an action and obtain from the court an order upon
27 the employer commanding him to obey the order of the
28 Department or be adjudged guilty of contempt of court and
29 punished accordingly.
-2- LRB9112313WHcs
1 (820 ILCS 215/8.3)
2 Sec. 8.3. Penalties. Any employer who violates any of
3 the provisions of this Act or any rule issued under the Act
4 shall be subject to a civil penalty of not to exceed $5,000
5 for each such violation. In determining the amount of the
6 penalty, the appropriateness of the penalty to the size of
7 the business of the employer charged and the gravity of the
8 violation shall be considered. The amount of the penalty,
9 when finally determined, may be
10 (1) recovered in a civil action brought by the
11 Director of Labor in any circuit court, in which
12 litigation the Director of Labor shall be represented by
13 the Attorney General;
14 (2) ordered by the court, in an action brought for
15 a violation of this Act to be paid to the Director of
16 Labor.
17 Any administrative determination by the Department of
18 Labor of the amount of each penalty shall be final unless
19 reviewed as provided in Section 8.1 of this Act.
20 Civil penalties recovered under this Section shall be
21 paid into the Child Labor Enforcement Fund.