Rep. Jay Hoffman
Filed: 11/7/2017
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1 | AMENDMENT TO SENATE BILL 193
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2 | AMENDMENT NO. ______. Amend Senate Bill 193, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Attorney General Act is amended by adding | ||||||
6 | Sections 6.3 and 6.4 as follows: | ||||||
7 | (15 ILCS 205/6.3 new) | ||||||
8 | Sec. 6.3. Worker Protection Unit. | ||||||
9 | (a) The General Assembly finds that the welfare and | ||||||
10 | prosperity of all Illinois citizens and businesses requires the | ||||||
11 | establishment of a Unit within the Attorney General's Office | ||||||
12 | dedicated to combat the State's underground economy, which | ||||||
13 | forces its employees to work in unsafe conditions and gives | ||||||
14 | businesses that avoid their tax and labor responsibilities an | ||||||
15 | unfair economic advantage. The Worker Protection Unit shall be | ||||||
16 | focused on protecting the State's workforce to ensure workers |
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1 | are paid properly, guarantee safe workplaces, and allow | ||||||
2 | law-abiding business owners to thrive through healthy and fair | ||||||
3 | competition. Businesses that operate "off-the-books" put a | ||||||
4 | greater burden on taxpayers by hurting the State's ability to | ||||||
5 | provide critical services; compliant businesses cannot compete | ||||||
6 | against those who gain an unfair advantage by evading their | ||||||
7 | responsibilities. | ||||||
8 | (b) There is created within the Office of the Attorney | ||||||
9 | General a Worker Protection Unit, consisting of Assistant | ||||||
10 | Attorneys General appointed by the Attorney General, who | ||||||
11 | together with other staff as deemed necessary by the Attorney | ||||||
12 | General, shall have the power and duty on behalf of the People | ||||||
13 | of the State, as parens patriae on behalf of persons within the | ||||||
14 | State, to intervene in, initiate, enforce, and defend all | ||||||
15 | criminal or civil legal proceedings on matters and violations | ||||||
16 | relating to the Prevailing Wage Act, the Employee | ||||||
17 | Classification Act, the Minimum Wage Law, the Day and Temporary | ||||||
18 | Labor Services Act, and the Wage Payment and Collection Act, | ||||||
19 | whenever the Attorney General determines that such action is | ||||||
20 | necessary to protect the rights and interests of Illinois | ||||||
21 | workers and Illinois businesses. | ||||||
22 | (c) In addition to the investigative and enforcement powers | ||||||
23 | available to the Attorney General under the laws of this State, | ||||||
24 | the Attorney General has the power and authority, | ||||||
25 | notwithstanding and regardless of any proceeding instituted or | ||||||
26 | to be instituted by or before the Illinois Department of Labor, |
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1 | or any other administrative agency, to protect the rights and | ||||||
2 | interests of Illinois workers and Illinois businesses by | ||||||
3 | commencing an action or proceeding in circuit court. Prior to | ||||||
4 | initiating an action, the Attorney General shall conduct an | ||||||
5 | investigation and may: (1) require an individual or entity to | ||||||
6 | file a statement or report in writing under oath or otherwise, | ||||||
7 | as to all information the Attorney General may consider | ||||||
8 | necessary; (2) examine under oath any person alleged to have | ||||||
9 | participated in or with knowledge of the alleged violation; or | ||||||
10 | (3) issue subpoenas or conduct hearings in aid of any | ||||||
11 | investigation. | ||||||
12 | (d) In an action brought under to this Section, the | ||||||
13 | Attorney General may obtain as a remedy, monetary damages to | ||||||
14 | the State, restitution, and equitable relief, including any | ||||||
15 | permanent or preliminary injunction, temporary restraining | ||||||
16 | order, or other order, including an order enjoining the | ||||||
17 | defendant from engaging in a violation or order any action as | ||||||
18 | may be appropriate. In addition, the Attorney General may | ||||||
19 | request and the court may impose a civil penalty against any | ||||||
20 | person or entity found by the court to have engaged in a | ||||||
21 | violation of the Prevailing Wage Act, the Employee | ||||||
22 | Classification Act, the Minimum Wage Law, the Day and Temporary | ||||||
23 | Labor Services Act, and the Wage Payment and Collection Act, in | ||||||
24 | a sum not to exceed the civil penalty provided in the | ||||||
25 | respective Act that was violated. An aggrieved individual may | ||||||
26 | not recover monetary relief in more than one proceeding. |
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1 | (e) Upon the Attorney General's request, the Illinois | ||||||
2 | Department of Labor shall provide any materials or documents | ||||||
3 | already in the Department's possession pertaining to the | ||||||
4 | enforcement of this Section. Nothing in this Section is | ||||||
5 | intended to take away or limit any powers of the Attorney | ||||||
6 | General under common law or other statutory law. | ||||||
7 | (15 ILCS 205/6.4 new) | ||||||
8 | Sec. 6.4. Worker Protection Unit Task Force. | ||||||
9 | (a) There is created a Worker Protection Task Force within | ||||||
10 | the Office of the Illinois Attorney General. The Task Force | ||||||
11 | shall be coordinated by the Office of the Attorney General and | ||||||
12 | be made up of a coalition of State's Attorneys across the State | ||||||
13 | of Illinois to promote a Statewide outreach and enforcement | ||||||
14 | effort to target Illinois' underground economy. The purpose of | ||||||
15 | the Task Force shall be to: | ||||||
16 | (1) create a coalition of State's Attorneys in Illinois | ||||||
17 | dedicated to protecting the State's workforce and | ||||||
18 | law-abiding 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, best | ||||||
23 | practices, and to 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; and | ||||||
10 | (3) elected State's Attorneys of Illinois, or a | ||||||
11 | designee as may be appointed by each State's Attorney who | ||||||
12 | is a member of the Task Force to act as his or her | ||||||
13 | representative. | ||||||
14 | (c) The Task Force shall elect a chairperson from its | ||||||
15 | membership and shall have the authority to determine its own | ||||||
16 | meeting schedule, hearing schedule, and agendas. Members of the | ||||||
17 | Task Force shall serve without compensation. | ||||||
18 | (d) The Task Force shall submit a report to the Governor | ||||||
19 | and the General Assembly regarding its progress no later than | ||||||
20 | December 1, 2018. | ||||||
21 | (e) This Section is repealed December 1, 2019. ".
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