State of Illinois
90th General Assembly
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90_HB1869

      820 ILCS 235/4            from Ch. 48, par. 172g
          Amends the Medical Examination of Employees Act.  Deletes
      language making violation of the Act a petty offense  with  a
      $100  fine.   Provides  that  the  Director  of  Labor  shall
      administer and enforce the Act.  Provides that the Department
      of  Labor  may  investigate complaints, conduct hearings, and
      subpoena witnesses and documents.  Provides that the Director
      of Labor shall adopt rules to administer and enforce the Act.
      Provides that any employer who fails to comply with  a  final
      decision  of  the Director or who discriminates or retaliates
      against any employee for filing a complaint with the Director
      or cooperating or providing information in any  investigation
      or proceeding commits a Class B misdemeanor and is subject to
      a  fine  of  $100  for  each  day  the  violation  continues.
      Provides   that   the   Attorney   General   shall  prosecute
      violations.
                                                     LRB9004511WHcw
                                               LRB9004511WHcw
 1        AN ACT to amend the Medical Examination of Employees  Act
 2    by changing Section 4.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Medical Examination of Employees  Act  is
 6    amended by changing Section 4 as follows:
 7        (820 ILCS 235/4) (from Ch. 48, par. 172g)
 8        Sec. 4.  Administration; enforcement; penalties.
 9        (a)  The  Director  of  Labor  or  his  or her authorized
10    representative shall administer and enforce the provisions of
11    this Act.  The Department shall have authority to investigate
12    complaints, conduct  hearings,  and  subpoena  witnesses  and
13    documents.   The Director shall promulgate rules necessary to
14    administer and enforce the provisions of this Act.  Decisions
15    of  the  Director  shall  be  reviewable  pursuant   to   the
16    Administrative Review Law.
17        (b)  Any  employer  who: (1) fails to comply with a final
18    decision of the Director or  a  reviewing  court  on  appeal,
19    within  35  days  after  the  decision  becomes final, or (2)
20    discriminates or retaliates against an employee for filing  a
21    complaint  with  the  Director  or  cooperating  or providing
22    information in any investigation  or  proceeding  under  this
23    Act,  shall be guilty of a Class B misdemeanor and subject to
24    a fine of $100 for each day that the  failure  to  comply  or
25    other   violation  continues.   The  Attorney  General  shall
26    prosecute violations under this subsection (b)  upon  request
27    by the Director of Labor.
28        Whoever  violates  the  provisions  of  this Act shall be
29    guilty of a petty offense and fined not more  than  $100  for
30    each offense.
31    (Source: P.A. 77-2430.)

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