Full Text of SB0797 93rd General Assembly
SB0797ham002 93RD GENERAL ASSEMBLY
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Rep. Larry McKeon
Filed: 5/12/2004
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LRB093 03139 WGH 50853 a |
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| AMENDMENT TO SENATE BILL 797
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| AMENDMENT NO. ______. Amend Senate Bill 797, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, on page 5, by replacing lines 14 and 15 with the following:
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| "Section 90. The State Finance Act is amended by changing | 6 |
| Section 5.306 and adding Section 5.625 as follows:
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| (30 ILCS 105/5.306) (from Ch. 127, par. 141.306)
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| Sec. 5.306. The Child Labor ,
and Day and Temporary Labor | 9 |
| Services , and Prevailing Wage
Enforcement
Fund.
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| (Source: P.A. 92-783, eff. 1-1-03.)"; and
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| on page 9, by inserting after line 27 the following: | 12 |
| "Section 93. The Child Labor Law is amended by changing | 13 |
| Section 17.3 as follows:
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| (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
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| Sec. 17.3. Any employer who violates any of the provisions | 16 |
| of this
Act or any rule or regulation issued under the Act | 17 |
| shall be subject to a
civil penalty of not to exceed $5,000 for | 18 |
| each such violation. In
determining the amount of such penalty, | 19 |
| the appropriateness of such
penalty to the size of the business | 20 |
| of the employer charged and the
gravity of the violation shall | 21 |
| be considered. The amount of such
penalty, when finally |
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LRB093 03139 WGH 50853 a |
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| determined, may be
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| (1) recovered in a civil action brought by the Director | 3 |
| of Labor in
any circuit court, in which litigation the | 4 |
| Director of Labor
shall be represented by the Attorney | 5 |
| General;
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| (2) ordered by the court, in an action brought for | 7 |
| violation under
Section 19, to be paid to the Director of | 8 |
| Labor.
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| Any administrative determination by the Department of | 10 |
| Labor of the
amount of each penalty shall be final unless | 11 |
| reviewed as provided in
Section 17.1 of this Act.
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| Civil penalties recovered under this Section shall be paid | 13 |
| into the
Child Labor ,
and Day and Temporary Labor Services, and | 14 |
| Prevailing Wage Enforcement Fund, a special fund
which
is | 15 |
| hereby
created in the
State treasury. Moneys in the Fund may be | 16 |
| used,
subject to
appropriation, for exemplary programs, | 17 |
| demonstration projects, and other
activities or purposes | 18 |
| related to the enforcement of this Act or for the
activities or | 19 |
| purposes related to the enforcement of the Day and Temporary
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| Labor Services Act or the Prevailing Wage Act .
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| (Source: P.A. 92-783, eff. 1-1-03.)
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| Section 94. The Prevailing Wage Act is amended by adding | 23 |
| Section 11c as follows:
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| (820 ILCS 130/11c new)
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| Sec. 11c. Prevailing Wage Enforcement Fund. Forty percent | 26 |
| of the civil
penalties recovered under this Act shall be | 27 |
| deposited into the Child
Labor, Day and Temporary Labor | 28 |
| Services, and Prevailing Wage Enforcement Fund and may be
used | 29 |
| for the purposes set forth in Section 17.3 of the Child
Labor | 30 |
| Law. ".
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