Full Text of SB1859 99th General Assembly
SB1859sam001 99TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 1859
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1859 as follows:
| 3 | | by replacing line 9 on page 24 through line 22 on page 25 with | 4 | | the following: | 5 | | "(225 ILCS 515/12.4 new) | 6 | | Sec. 12.4. Employer violations of Act; civil penalties; | 7 | | hearing procedure. | 8 | | (a) An employment agency shall be required to provide each | 9 | | of its employer clients with proof of a valid license issued by | 10 | | the Department at the time of entering into a contract. An | 11 | | employment agency shall be required to notify, both by | 12 | | telephone and in writing, each employer with whom it contracts | 13 | | within 24 hours of any denial, suspension, or revocation of its | 14 | | license by the Department. All contracts between any employment | 15 | | agency and any employer shall be considered null and void from | 16 | | the date any denial, suspension, or revocation of license |
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| 1 | | becomes effective and until such time as the employment agency | 2 | | becomes licensed and considered in good standing by the | 3 | | Department. | 4 | | (b) The Department shall provide on the Internet a list of | 5 | | entities licensed as employment agencies, as provided for in | 6 | | Section 1 of this Act. An employer may rely on information | 7 | | provided by the Department or maintained on the Department's | 8 | | website pursuant to Section 1 of this Act and shall be held | 9 | | harmless if the information maintained or provided by the | 10 | | Department was inaccurate. It is a violation of this Act for an | 11 | | employer to accept a referral of an individual for employment | 12 | | from an employment agency not licensed under Section 1.5 of | 13 | | this Act. | 14 | | If, upon investigation, the Department finds that a | 15 | | violation of this subsection (b) has occurred, for a first | 16 | | violation by an employer, the Department shall provide notice | 17 | | to any employer that it finds is doing business with an | 18 | | unlicensed employment agency. The notice shall identify the | 19 | | unlicensed entity, indicate that any contract between the | 20 | | unlicensed employment agency and the employer client is null | 21 | | and void, provide information regarding the Department's | 22 | | website that lists licensed employment agencies, and inform the | 23 | | employer of penalties for subsequent violations. | 24 | | For a second violation by an employer, or if the first | 25 | | violation is not remedied within 10 days of notice by the | 26 | | Department, the Director may impose a civil penalty of up to |
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| 1 | | $500 for each referral of an individual for employment accepted | 2 | | from an employment agency not licensed under Section 1.5. | 3 | | For any violation by an employer after the second | 4 | | violation, the Director may impose a civil penalty of up to | 5 | | $1,500 for each referral of an individual for employment | 6 | | accepted from an employment agency not licensed under Section | 7 | | 1.5. If the first violation is not remedied within 30 days of | 8 | | notice by the Department, the Director may impose an additional | 9 | | civil penalty of up to $1,500 for every 30 days that passes | 10 | | thereafter. | 11 | | (c) The Director of Labor may adopt rules for the conduct | 12 | | of hearings and collection of these penalties assessed under | 13 | | this Section in accordance with Section 12 of this Act. The | 14 | | amount of these penalties, when finally determined, may be | 15 | | recovered in a civil action brought by the Director of Labor in | 16 | | any circuit court. In any such action, the Director of Labor | 17 | | shall be represented by the Attorney General. "; and | 18 | | on page 27, by replacing lines 8 through 12 with the following: | 19 | | "(225 ILCS 515/12.6 new) | 20 | | Sec. 12.6. Child Labor and Day and Temporary Labor Services | 21 | | Enforcement Fund. All moneys received as fees and penalties | 22 | | under this Act shall be deposited into the Child Labor and Day | 23 | | and Temporary Labor Services Enforcement Fund and may be used | 24 | | for the purposes set forth in Section 17.3 of the Child Labor |
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| 1 | | Law. | 2 | | Section 10. The Child Labor Law is amended by changing | 3 | | Section 17.3 as follows:
| 4 | | (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
| 5 | | Sec. 17.3.
Any employer who violates any of the provisions | 6 | | of this
Act or any rule or regulation issued under the Act | 7 | | shall be subject to a
civil penalty of not to exceed $5,000 for | 8 | | each such violation. In
determining the amount of such penalty, | 9 | | the appropriateness of such
penalty to the size of the business | 10 | | of the employer charged and the
gravity of the violation shall | 11 | | be considered. The amount of such
penalty, when finally | 12 | | determined, may be
| 13 | | (1) recovered in a civil action brought by the Director | 14 | | of Labor in
any circuit court, in which litigation the | 15 | | Director of Labor
shall be represented by the Attorney | 16 | | General;
| 17 | | (2) ordered by the court, in an action brought for | 18 | | violation under
Section 19, to be paid to the Director of | 19 | | Labor.
| 20 | | Any administrative determination by the Department of | 21 | | Labor of the
amount of each penalty shall be final unless | 22 | | reviewed as provided in
Section 17.1 of this Act.
| 23 | | Civil penalties recovered under this Section shall be paid | 24 | | into the
Child Labor and Day and Temporary Labor Services |
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| 1 | | Enforcement Fund, a special fund
which
is hereby
created in the
| 2 | | State treasury. Moneys in the Fund may be used,
subject to
| 3 | | appropriation, for exemplary programs, demonstration projects, | 4 | | and other
activities or purposes related to the enforcement of | 5 | | this Act or for the
activities or purposes related to the | 6 | | enforcement of the Day and Temporary
Labor Services Act , or for | 7 | | the activities or purposes related to the enforcement of the | 8 | | Private Employment Agency Act .
| 9 | | (Source: P.A. 98-463, eff. 8-16-13.)".
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