Rep. Will Guzzardi
Filed: 4/4/2016
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| 1 | AMENDMENT TO HOUSE BILL 3554
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| 2 | AMENDMENT NO. ______. Amend House Bill 3554, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Illinois Wage Payment and Collection Act is | ||||||
| 6 | amended by adding Section 11.5 as follows: | ||||||
| 7 | (820 ILCS 115/11.5 new) | ||||||
| 8 | Sec. 11.5. Departmental wage recovery; remittance to | ||||||
| 9 | aggrieved employee. | ||||||
| 10 | (a) Upon the recovery of unpaid wages, wage supplements, or | ||||||
| 11 | final compensation from an employer that has violated this Act, | ||||||
| 12 | the Department shall make a good faith search to find the | ||||||
| 13 | aggrieved employee and to remit to the aggrieved employee the | ||||||
| 14 | amount recovered no later than 120 days after the recovery. If | ||||||
| 15 | after conducting a good faith search for the aggrieved employee | ||||||
| 16 | the Department is unable to find the aggrieved employee, the | ||||||
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| 1 | Department shall deposit the amount recovered into the | ||||||
| 2 | Department of Labor Special State Trust Fund on the first | ||||||
| 3 | business day after 120 days after the recovery. The amounts | ||||||
| 4 | deposited into the Department of Labor Special State Trust Fund | ||||||
| 5 | must remain available for remittance to the aggrieved employee | ||||||
| 6 | for 5 years after the date of the deposit. | ||||||
| 7 | The Department may demonstrate a good faith effort through | ||||||
| 8 | documented attempts to contact the aggrieved employee entitled | ||||||
| 9 | to the funds through mail correspondence, email | ||||||
| 10 | correspondence, and telephonic communications. The Department | ||||||
| 11 | shall search for additional addresses and telephone numbers for | ||||||
| 12 | the aggrieved employee if those available to the Department do | ||||||
| 13 | not result in contact with the aggrieved employee. | ||||||
| 14 | During each year that the recovered amounts remain in the | ||||||
| 15 | Department of Labor Special State Trust Fund, the Department | ||||||
| 16 | must make a good faith effort to locate the aggrieved employee. | ||||||
| 17 | (b) Aggrieved employees who attempt to recover wages that | ||||||
| 18 | have been deposited into the Department of Labor Special State | ||||||
| 19 | Trust Fund within 5 years after the deposit of the recovered | ||||||
| 20 | amounts shall be deemed vendors for purposes of receiving a | ||||||
| 21 | State issued check or direct deposit for the amounts due to | ||||||
| 22 | them. As used in this subsection, "vendor" has the meaning | ||||||
| 23 | ascribed to that term in subsection (f) of Section 9.03 of the | ||||||
| 24 | State Comptroller Act. Any funds derived from the recovery of | ||||||
| 25 | unpaid wages, wage supplements, or final compensation from an | ||||||
| 26 | employer that violates this Act that remain in the Department | ||||||
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| 1 | of Labor Special State Trust Fund after 5 years shall be | ||||||
| 2 | deposited into the Wage Theft Enforcement Fund. | ||||||
| 3 | (c) The Comptroller shall accept an aggrieved employee's | ||||||
| 4 | individual taxpayer identification number issued by the | ||||||
| 5 | Internal Revenue Service as a form of identification equally | ||||||
| 6 | acceptable to a social security number for purposes of making | ||||||
| 7 | the vendor payment.".
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