Sen. Celina Villanueva

Filed: 2/17/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3146, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 1, by replacing line 16 on page 4 through line 16 on page 5
5with the following:
6    "(820 ILCS 140/7)  (from Ch. 48, par. 8g)
7    Sec. 7. Civil offense.
8    (a) Any employer who violates Sections 2, 3, or 3.1 any of
9the provisions of this Act, shall be guilty of a civil petty
10offense, and shall be subject to a civil penalty as follows:
11fined for each offense in a sum of not less than $25 nor more
12than $100.
13        (1) For an employer with fewer than 25 employees, a
14    penalty not to exceed $250 per offense, payable to the
15    Department of Labor, and damages of up to $250 per
16    offense, payable to the employee or employees affected.
17        (2) For an employer with 25 or more employees, a



10200SB3146sam002- 2 -LRB102 23984 SPS 36169 a

1    penalty not to exceed $500 per offense, payable to the
2    Department of Labor, and damages of up to $500 per
3    offense, payable to the employee or employees affected.
4    (b) An offense under this Act shall be determined on an
5individual basis for each employee whose rights are violated.
6        (1) Each week that an employee is found to not have
7    been allowed 24 consecutive hours of rest as required in
8    Section 2 shall constitute a separate offense.
9        (2) Each day that an employee is found not to have been
10    provided a meal period as required in Section 3 shall
11    constitute a separate offense.
12        (3) A violation of Section 8.5 shall constitute a
13    single offense, and is subject to a civil penalty not to
14    exceed $250 payable to the Department of Labor.
15    (c) The Director of Labor shall enforce this Act in
16accordance with the Illinois Administrative Procedure Act. The
17Director of Labor shall have the powers and the parties shall
18have the rights provided in the Illinois Administrative
19Procedure Act for contested cases, including, but not limited
20to, provisions for depositions, subpoena power and procedures,
21and discovery and protective order procedures.
22    (d) Any funds collected by the Department of Labor under
23this Act shall be deposited into the Child Labor and Day and
24Temporary Labor Services Enforcement Fund.
25(Source: P.A. 77-2418.)".