Bill Amendment: IL HB0358 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ATTY GEN-WORKER PROTECT UNIT
Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0358 Detail]
Download: Illinois-2019-HB0358-House_Amendment_001.html
Bill Title: ATTY GEN-WORKER PROTECT UNIT
Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0358 Detail]
Download: Illinois-2019-HB0358-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 358
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2 | AMENDMENT NO. ______. Amend House Bill 358 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Attorney General Act is amended by adding | ||||||
5 | Sections 6.3 and 6.4 as follows:
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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.
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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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