Full Text of SB0193 100th General Assembly
SB0193ham002 100TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 11/7/2017
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| 1 | | AMENDMENT TO SENATE BILL 193
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 193, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Attorney General Act is amended by adding | 6 | | Sections 6.3 and 6.4 as follows: | 7 | | (15 ILCS 205/6.3 new) | 8 | | Sec. 6.3. Worker Protection Unit. | 9 | | (a) The General Assembly finds that the welfare and | 10 | | prosperity of all Illinois citizens and businesses requires the | 11 | | establishment of a Unit within the Attorney General's Office | 12 | | dedicated to combat the State's underground economy, which | 13 | | forces its employees to work in unsafe conditions and gives | 14 | | businesses that avoid their tax and labor responsibilities an | 15 | | unfair economic advantage. The Worker Protection Unit shall be | 16 | | focused on protecting the State's workforce to ensure workers |
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| 1 | | are paid properly, guarantee safe workplaces, and allow | 2 | | law-abiding business owners to thrive through healthy and fair | 3 | | competition. Businesses that operate "off-the-books" put a | 4 | | greater burden on taxpayers by hurting the State's ability to | 5 | | provide critical services; compliant businesses cannot compete | 6 | | against those who gain an unfair advantage by evading their | 7 | | responsibilities. | 8 | | (b) There is created within the Office of the Attorney | 9 | | General a Worker Protection Unit, consisting of Assistant | 10 | | Attorneys General appointed by the Attorney General, who | 11 | | together with other staff as deemed necessary by the Attorney | 12 | | General, shall have the power and duty on behalf of the People | 13 | | of the State, as parens patriae on behalf of persons within the | 14 | | State, to intervene in, initiate, enforce, and defend all | 15 | | criminal or civil legal proceedings on matters and violations | 16 | | relating to the Prevailing Wage Act, the Employee | 17 | | Classification Act, the Minimum Wage Law, the Day and Temporary | 18 | | Labor Services Act, and the Wage Payment and Collection Act, | 19 | | whenever the Attorney General determines that such action is | 20 | | necessary to protect the rights and interests of Illinois | 21 | | workers and Illinois businesses. | 22 | | (c) In addition to the investigative and enforcement powers | 23 | | available to the Attorney General under the laws of this State, | 24 | | the Attorney General has the power and authority, | 25 | | notwithstanding and regardless of any proceeding instituted or | 26 | | to be instituted by or before the Illinois Department of Labor, |
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| 1 | | or any other administrative agency, to protect the rights and | 2 | | interests of Illinois workers and Illinois businesses by | 3 | | commencing an action or proceeding in circuit court. Prior to | 4 | | initiating an action, the Attorney General shall conduct an | 5 | | investigation and may: (1) require an individual or entity to | 6 | | file a statement or report in writing under oath or otherwise, | 7 | | as to all information the Attorney General may consider | 8 | | necessary; (2) examine under oath any person alleged to have | 9 | | participated in or with knowledge of the alleged violation; or | 10 | | (3) issue subpoenas or conduct hearings in aid of any | 11 | | investigation. | 12 | | (d) In an action brought under to this Section, the | 13 | | Attorney General may obtain as a remedy, monetary damages to | 14 | | the State, restitution, and equitable relief, including any | 15 | | permanent or preliminary injunction, temporary restraining | 16 | | order, or other order, including an order enjoining the | 17 | | defendant from engaging in a violation or order any action as | 18 | | may be appropriate. In addition, the Attorney General may | 19 | | request and the court may impose a civil penalty against any | 20 | | person or entity found by the court to have engaged in a | 21 | | violation of the Prevailing Wage Act, the Employee | 22 | | Classification Act, the Minimum Wage Law, the Day and Temporary | 23 | | Labor Services Act, and the Wage Payment and Collection Act, in | 24 | | a sum not to exceed the civil penalty provided in the | 25 | | respective Act that was violated. An aggrieved individual may | 26 | | not recover monetary relief in more than one proceeding. |
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| 1 | | (e) Upon the Attorney General's request, the Illinois | 2 | | Department of Labor shall provide any materials or documents | 3 | | already in the Department's possession pertaining to the | 4 | | enforcement of this Section. Nothing in this Section is | 5 | | intended to take away or limit any powers of the Attorney | 6 | | General under common law or other statutory law. | 7 | | (15 ILCS 205/6.4 new) | 8 | | Sec. 6.4. Worker Protection Unit Task Force. | 9 | | (a) There is created a Worker Protection Task Force within | 10 | | the Office of the Illinois Attorney General. The Task Force | 11 | | shall be coordinated by the Office of the Attorney General and | 12 | | be made up of a coalition of State's Attorneys across the State | 13 | | of Illinois to promote a Statewide outreach and enforcement | 14 | | effort to target Illinois' underground economy. The purpose of | 15 | | the Task Force shall be to: | 16 | | (1) create a coalition of State's Attorneys in Illinois | 17 | | dedicated to protecting the State's workforce and | 18 | | law-abiding businesses; | 19 | | (2) facilitate the timely sharing of information | 20 | | between Task Force members relating to suspected worker | 21 | | exploitation; | 22 | | (3) promote the refinement of targeting methods, best | 23 | | practices, and to develop strategies to systemically | 24 | | investigate worker exploitation; and | 25 | | (4) work cooperatively with labor and community |
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| 1 | | organizations, businesses and business coalitions, and | 2 | | other advocacy groups to increase public awareness on the | 3 | | underground economy in an effort to promote fairness, | 4 | | combat discrimination, and protect the welfare of the | 5 | | State. | 6 | | (b) The Task Force shall consist of: | 7 | | (1) the Illinois Attorney General; | 8 | | (2) Assistant Attorneys General, assigned at the | 9 | | discretion of the Illinois Attorney General; and | 10 | | (3) elected State's Attorneys of Illinois, or a | 11 | | designee as may be appointed by each State's Attorney who | 12 | | is a member of the Task Force to act as his or her | 13 | | representative. | 14 | | (c) The Task Force shall elect a chairperson from its | 15 | | membership and shall have the authority to determine its own | 16 | | meeting schedule, hearing schedule, and agendas. Members of the | 17 | | Task Force shall serve without compensation. | 18 | | (d) The Task Force shall submit a report to the Governor | 19 | | and the General Assembly regarding its progress no later than | 20 | | December 1, 2018. | 21 | | (e) This Section is repealed December 1, 2019. ".
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