Full Text of HB4340 100th General Assembly
HB4340ham001 100TH GENERAL ASSEMBLY | Rep. Barbara Wheeler Filed: 3/6/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4340
| 2 | | AMENDMENT NO. ______. Amend House Bill 4340 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Human Trafficking Resource Center Notice | 5 | | Act is amended by changing Sections 5, 15, and 20 as follows: | 6 | | (775 ILCS 50/5) | 7 | | Sec. 5. Posted notice required. | 8 | | (a) Each of the following businesses and other | 9 | | establishments shall, upon the availability of the model notice | 10 | | described in Section 15 of this Act, post a notice that | 11 | | complies with the requirements of this Act in a conspicuous | 12 | | place near the public entrance of the establishment or in | 13 | | another conspicuous location in clear view of the public and | 14 | | employees where similar notices are customarily posted: | 15 | | (1) On premise consumption retailer licensees under | 16 | | the Liquor Control Act of 1934 where the sale of alcoholic |
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| 1 | | liquor is the principal
business carried on by the licensee | 2 | | at the premises and primary to the
sale of food. | 3 | | (2) Adult entertainment facilities, as defined in | 4 | | Section 5-1097.5 of the Counties Code. | 5 | | (3) Primary airports, as defined in Section 47102(16) | 6 | | of Title 49 of the United States Code. | 7 | | (4) Intercity passenger rail or light rail stations. | 8 | | (5) Bus stations. | 9 | | (6) Truck stops. For purposes of this Act, "truck stop" | 10 | | means a privately-owned and operated facility that | 11 | | provides food, fuel, shower or other sanitary facilities, | 12 | | and lawful overnight truck parking. | 13 | | (7) Emergency rooms within general acute care | 14 | | hospitals. | 15 | | (8) Urgent care centers. | 16 | | (9) Farm labor contractors. For purposes of this Act, | 17 | | "farm labor contractor" means: (i) any person who for a fee | 18 | | or other valuable consideration recruits, supplies, or | 19 | | hires, or transports in connection therewith, into or | 20 | | within the State, any farmworker not of the contractor's | 21 | | immediate family to work for, or under the direction, | 22 | | supervision, or control of, a third person; or (ii) any | 23 | | person who for a fee or other valuable consideration | 24 | | recruits, supplies, or hires, or transports in connection | 25 | | therewith, into or within the State, any farmworker not of | 26 | | the contractor's immediate family, and who for a fee or |
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| 1 | | other valuable consideration directs, supervises, or | 2 | | controls all or any part of the work of the farmworker or | 3 | | who disburses wages to the farmworker. However, "farm labor | 4 | | contractor" does not include full-time regular employees | 5 | | of food processing companies when the employees are engaged | 6 | | in recruiting for the companies if those employees are not | 7 | | compensated according to the number of farmworkers they | 8 | | recruit. | 9 | | (10) Privately-operated job recruitment centers. | 10 | | (11) Massage establishments. As used in this Act, | 11 | | "massage establishment" means a place of business in which | 12 | | any method of massage therapy is administered or practiced | 13 | | for compensation. | 14 | | (b) The Department of Transportation shall, upon the | 15 | | availability of the model notice described in Section 15 of | 16 | | this Act, post a notice that complies with the requirements of | 17 | | this Act in a conspicuous place near the public entrance of | 18 | | each roadside rest area or in another conspicuous location in | 19 | | clear view of the public and employees where similar notices | 20 | | are customarily posted.
| 21 | | (c) The owner of a hotel or motel shall, upon the | 22 | | availability of the model notice described in Section 15 of | 23 | | this Act, post a notice that complies with the requirements of | 24 | | this Act in a conspicuous and accessible place in or about the | 25 | | premises in clear view of the employees where similar notices | 26 | | are customarily posted. |
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| 1 | | (d) The organizer of a public gathering or special event | 2 | | that is conducted on property open to the public and requires | 3 | | the issuance of a permit from the unit of local government | 4 | | shall post a notice that complies with the requirements of this | 5 | | Act in a conspicuous and accessible place in or about the | 6 | | premises in clear view of the public and employees where | 7 | | similar notices are customarily posted. | 8 | | (e) The administrator of a public or private elementary | 9 | | school or public or private secondary school shall post a | 10 | | printout of the downloadable notice provided by the Department | 11 | | of Human Services under Section 15 that complies with the | 12 | | requirements of this Act in a conspicuous and accessible place | 13 | | chosen by the administrator in the administrative office or | 14 | | another location in view of school employees. School districts | 15 | | and personnel are not subject to the penalties provided under | 16 | | subsection (a) of Section 20. | 17 | | (f) The owner of an establishment registered under the | 18 | | Tattoo and Body Piercing Establishment Registration Act shall | 19 | | post a notice that complies with the requirements of this Act | 20 | | in a conspicuous and accessible place in clear view of | 21 | | establishment employees. | 22 | | (Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17 .) | 23 | | (775 ILCS 50/15) | 24 | | Sec. 15. Model notice. No later than 6 months after the | 25 | | effective date of this Act, the Department of Human Services |
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| 1 | | shall: (i) develop a model notice that complies with the | 2 | | requirements of Section 10 of this Act; or (ii) adopt a model | 3 | | notice developed by the Illinois Task Force on Human | 4 | | Trafficking that complies with the requirements of Section 10 | 5 | | of this Act. The Department of Human Services shall make the | 6 | | model notice available for download on the Department's | 7 | | Internet website. Upon request, the Department of Human | 8 | | Services shall furnish copies of the model notice without | 9 | | charge to a business , or establishment , or school identified in | 10 | | subsection (c) of Section 5.
| 11 | | (Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17 .) | 12 | | (775 ILCS 50/20)
| 13 | | Sec. 20. Penalties. | 14 | | (a) A business or establishment identified in subsection | 15 | | (a) of Section 5 that fails to comply with the requirements of | 16 | | this Act within 30 days of receipt of a notice described in | 17 | | subsection (b) is guilty of a petty offense, and subject to a | 18 | | fine of up to $500 for each violation is liable for a civil | 19 | | penalty of $500 for a first offense and $1,000 for each | 20 | | subsequent offense . | 21 | | (b) The governmental entity regulating a business or | 22 | | establishment and local law enforcement agency having | 23 | | jurisdiction Department of Labor shall, in the course of | 24 | | regulating a business or establishment or carrying out law | 25 | | enforcement duties , monitor and enforce compliance with this |
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| 1 | | Act. Upon discovering a violation, the governmental entity or | 2 | | local law enforcement agency having jurisdiction Department of | 3 | | Labor shall provide the business or establishment with | 4 | | reasonable notice of noncompliance that informs the business or | 5 | | establishment that it is subject to a fine civil penalty if it | 6 | | does not correct the violation within 30 days from the date the | 7 | | notice is sent to the business or establishment. | 8 | | (c) If the governmental entity regulating a business or | 9 | | establishment or local law enforcement agency having | 10 | | jurisdiction Department of Labor verifies that the violation | 11 | | was not corrected within the 30-day period described in | 12 | | subsection (b), the Attorney General or State's Attorney may | 13 | | prosecute a violation of may bring an action to impose a civil | 14 | | penalty pursuant to this Section.
| 15 | | (Source: P.A. 99-99, eff. 1-1-16 .)".
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