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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 combat the State's underground economy, which | ||||||
12 | forces its employees to work in unsafe conditions and gives | ||||||
13 | businesses that avoid their tax and labor responsibilities an | ||||||
14 | unfair economic advantage. 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 | ||||||
17 | law-abiding business owners to thrive through healthy and fair | ||||||
18 | competition. Businesses that operate "off-the-books" put a | ||||||
19 | greater burden on taxpayers by hurting the State's ability to | ||||||
20 | provide critical services; compliant businesses cannot compete | ||||||
21 | against those who gain an unfair advantage by evading their | ||||||
22 | responsibilities. | ||||||
23 | (b) There is created within the Office of the Attorney |
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1 | General a Worker Protection Unit, consisting of Assistant | ||||||
2 | Attorneys General appointed by the Attorney General, who, | ||||||
3 | together with other staff as deemed necessary by the Attorney | ||||||
4 | General, shall have the power and duty on behalf of the People | ||||||
5 | of the State, as parens patriae on behalf of persons within the | ||||||
6 | State, to intervene in, initiate, enforce, and defend all | ||||||
7 | criminal or civil legal proceedings on matters and violations | ||||||
8 | relating to the Prevailing Wage Act, the Employee | ||||||
9 | Classification Act, the Minimum Wage Law, the Day and Temporary | ||||||
10 | Labor Services Act, and the Wage Payment and Collection Act, | ||||||
11 | whenever the Attorney General determines that such action is | ||||||
12 | necessary to protect the rights and interests of Illinois | ||||||
13 | workers and Illinois businesses. | ||||||
14 | (c) In addition to the investigative and enforcement powers | ||||||
15 | available to the Attorney General under the laws of this State, | ||||||
16 | the Attorney General has the power and authority, | ||||||
17 | notwithstanding and regardless of any proceeding instituted or | ||||||
18 | to be instituted by or before the Illinois Department of Labor, | ||||||
19 | or any other administrative agency, to protect the rights and | ||||||
20 | interests of Illinois workers and Illinois businesses by | ||||||
21 | commencing an action or proceeding in circuit court. Prior to | ||||||
22 | initiating an action, the Attorney General shall conduct an | ||||||
23 | investigation and may: (1) require an individual or entity to | ||||||
24 | file a statement or report in writing under oath or otherwise, | ||||||
25 | as to all information the Attorney General may consider | ||||||
26 | necessary; (2) examine under oath any person alleged to have |
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1 | participated in or with knowledge of the alleged violation; or | ||||||
2 | (3) issue subpoenas or conduct hearings in aid of any | ||||||
3 | 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 engaged in a violation of the Prevailing Wage | ||||||
13 | Act, the Employee Classification Act, the Minimum Wage Law, the | ||||||
14 | Day and Temporary Labor Services Act, and the Wage Payment and | ||||||
15 | Collection Act, in a sum not to exceed the civil penalty | ||||||
16 | provided in the respective Act that was violated. An aggrieved | ||||||
17 | individual may not recover monetary relief in more than one | ||||||
18 | proceeding. | ||||||
19 | (e) Upon the Attorney General's request, the Illinois | ||||||
20 | Department of Labor shall provide any materials or documents | ||||||
21 | already in the Department's possession pertaining to the | ||||||
22 | enforcement of this Section. Nothing in this Section is | ||||||
23 | intended to take away or limit any powers of the Attorney | ||||||
24 | General under common law or other statutory law. | ||||||
25 | (15 ILCS 205/6.4 new) |
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1 | Sec. 6.4. Worker Protection Unit Task Force. | ||||||
2 | (a) There is created a Worker Protection Task Force within | ||||||
3 | the Office of the Illinois Attorney General. The Task Force | ||||||
4 | shall be coordinated by the Office of the Attorney General and | ||||||
5 | be made up of a coalition of State's Attorneys across the State | ||||||
6 | of Illinois to promote a statewide outreach and enforcement | ||||||
7 | effort to target Illinois' underground economy. The purpose of | ||||||
8 | the Task Force shall be to: | ||||||
9 | (1) create a coalition of State's Attorneys in Illinois | ||||||
10 | dedicated to protecting the State's workforce and | ||||||
11 | law-abiding businesses; | ||||||
12 | (2) facilitate the timely sharing of information | ||||||
13 | between Task Force members relating to suspected worker | ||||||
14 | exploitation; | ||||||
15 | (3) promote the refinement of targeting methods, best | ||||||
16 | practices, and to develop strategies to systemically | ||||||
17 | investigate worker exploitation; and | ||||||
18 | (4) work cooperatively with labor and community | ||||||
19 | organizations, businesses and business coalitions, and | ||||||
20 | other advocacy groups to increase public awareness on the | ||||||
21 | underground economy in an effort to promote fairness, | ||||||
22 | combat discrimination, and protect the welfare of the | ||||||
23 | State. | ||||||
24 | (b) The Task Force shall consist of: | ||||||
25 | (1) the Illinois Attorney General; | ||||||
26 | (2) Assistant Attorneys General, assigned at the |
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1 | discretion of the Illinois Attorney General; and | ||||||
2 | (3) elected State's Attorneys of Illinois, or a | ||||||
3 | designee as may be appointed by each State's Attorney who | ||||||
4 | is a member of the Task Force to act as his or her | ||||||
5 | representative. | ||||||
6 | (c) The Task Force shall elect a chairperson from its | ||||||
7 | membership and shall have the authority to determine its own | ||||||
8 | meeting schedule, hearing schedule, and agendas. Members of the | ||||||
9 | Task Force shall serve without compensation. | ||||||
10 | (d) The Task Force shall submit a report to the Governor | ||||||
11 | and the General Assembly regarding its progress no later than | ||||||
12 | December 1, 2018. | ||||||
13 | (e) This Section is repealed December 1, 2019.
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