SB0193ham002 100TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 11/7/2017

10000SB0193ham002 LRB100 05979 RJF 30610 a

AMENDMENT TO SENATE BILL 193

AMENDMENT NO. ______. Amend Senate Bill 193, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Attorney General Act is amended by adding Sections 6.3 and 6.4 as follows:

(15 ILCS 205/6.3 new)

Sec. 6.3. Worker Protection Unit.

(a) The General Assembly finds that the welfare and prosperity of all Illinois citizens and businesses requires the establishment of a Unit within the Attorney General's Office dedicated to combat the State's underground economy, which forces its employees to work in unsafe conditions and gives businesses that avoid their tax and labor responsibilities an unfair economic advantage. The Worker Protection Unit shall be focused on protecting the State's workforce to ensure workers are paid properly, guarantee safe workplaces, and allow law-abiding business owners to thrive through healthy and fair competition. Businesses that operate "off-the-books" put a greater burden on taxpayers by hurting the State's ability to provide critical services; compliant businesses cannot compete against those who gain an unfair advantage by evading their responsibilities.

(b) There is created within the Office of the Attorney General a Worker Protection Unit, consisting of Assistant Attorneys General appointed by the Attorney General, who together with other staff as deemed necessary by the Attorney General, shall have the power and duty on behalf of the People of the State, as parens patriae on behalf of persons within the State, to intervene in, initiate, enforce, and defend all criminal or civil legal proceedings on matters and violations relating to the Prevailing Wage Act, the Employee Classification Act, the Minimum Wage Law, the Day and Temporary Labor Services Act, and the Wage Payment and Collection Act, whenever the Attorney General determines that such action is necessary to protect the rights and interests of Illinois workers and Illinois businesses.

(c) In addition to the investigative and enforcement powers available to the Attorney General under the laws of this State, the Attorney General has the power and authority, notwithstanding and regardless of any proceeding instituted or to be instituted by or before the Illinois Department of Labor, or any other administrative agency, to protect the rights and interests of Illinois workers and Illinois businesses by commencing an action or proceeding in circuit court. Prior to initiating an action, the Attorney General shall conduct an investigation and may: (1) require an individual or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary; (2) examine under oath any person alleged to have participated in or with knowledge of the alleged violation; or (3) issue subpoenas or conduct hearings in aid of any investigation.

(d) In an action brought under to this Section, the Attorney General may obtain as a remedy, monetary damages to the State, restitution, and equitable relief, including any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in a violation or order any action as may be appropriate. In addition, the Attorney General may request and the court may impose a civil penalty against any person or entity found by the court to have engaged in a violation of the Prevailing Wage Act, the Employee Classification Act, the Minimum Wage Law, the Day and Temporary Labor Services Act, and the Wage Payment and Collection Act, in a sum not to exceed the civil penalty provided in the respective Act that was violated. An aggrieved individual may not recover monetary relief in more than one proceeding.

(e) Upon the Attorney General's request, the Illinois Department of Labor shall provide any materials or documents already in the Department's possession pertaining to the enforcement of this Section. Nothing in this Section is intended to take away or limit any powers of the Attorney General under common law or other statutory law.

(15 ILCS 205/6.4 new)

Sec. 6.4. Worker Protection Unit Task Force.

(a) There is created a Worker Protection Task Force within the Office of the Illinois Attorney General. The Task Force shall be coordinated by the Office of the Attorney General and be made up of a coalition of State's Attorneys across the State of Illinois to promote a Statewide outreach and enforcement effort to target Illinois' underground economy. The purpose of the Task Force shall be to:

(1) create a coalition of State's Attorneys in Illinois dedicated to protecting the State's workforce and law-abiding businesses;

(2) facilitate the timely sharing of information between Task Force members relating to suspected worker exploitation;

(3) promote the refinement of targeting methods, best practices, and to develop strategies to systemically investigate worker exploitation; and

(4) work cooperatively with labor and community organizations, businesses and business coalitions, and other advocacy groups to increase public awareness on the underground economy in an effort to promote fairness, combat discrimination, and protect the welfare of the State.

(b) The Task Force shall consist of:

(1) the Illinois Attorney General;

(2) Assistant Attorneys General, assigned at the discretion of the Illinois Attorney General; and

(3) elected State's Attorneys of Illinois, or a designee as may be appointed by each State's Attorney who is a member of the Task Force to act as his or her representative.

(c) The Task Force shall elect a chairperson from its membership and shall have the authority to determine its own meeting schedule, hearing schedule, and agendas. Members of the Task Force shall serve without compensation.

(d) The Task Force shall submit a report to the Governor and the General Assembly regarding its progress no later than December 1, 2018.

(e) This Section is repealed December 1, 2019.".