92nd General Assembly
Summary of SB1975
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Senate Sponsors:
KARPIEL-SILVERSTEIN-OBAMA, MUNOZ, 
   LIGHTFORD, VIVERITO, MADIGAN,L AND PARKER.

House Sponsors:
MENDOZA-TENHOUSE-BURKE-MILLER-HULTGREN

Short description: 
DAY & TEMPORARY LABOR SERVICES                                             

Synopsis of Bill as introduced:
        Amends the Day Labor Services Act.  Provides  that  the  fee  for      
   registering  a  day  labor service agency with the Department of Labor      
   may be paid by check or money order and the Department may not  refuse      
   to  accept  a check on the basis that it is not a certified check or a      
   cashier's check.  Authorizes the Department to  charge  an  additional      
   fee  if a check is not honored by the financial institution upon which      
   it is drawn. Effective immediately.                                         
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          30 ILCS 105/5.306    from Ch. 127, par. 141.306                      
          820 ILCS 175/55 new                                                  
          820 ILCS 175/60 new                                                  
          820 ILCS 175/65 new                                                  
          820 ILCS 175/70 new                                                  
          820 ILCS 175/75 new                                                  
          820 ILCS 175/80 new                                                  
          820 ILCS 205/17.3                                                    
        Amends the State Finance Act.  Changes  the  name  of  the  Child      
   Labor  Enforcement  Fund  to the Child Labor and Day Labor Enforcement      
   Fund.  Amends the Day Labor Services Act.  Provides that the $250  fee      
   assessed against day labor service agencies shall be assessed annually      
   and  shall be non-refundable.  Provides that the fee for registering a      
   day labor service agency with the Department of Labor may be  paid  by      
   check  or  money  order  and the Department may not refuse to accept a      
   check on the basis that it is not a certified  check  or  a  cashier's      
   check.   Authorizes  the  Department  to charge an additional fee if a      
   check is not honored by the financial institution  upon  which  it  is      
   drawn.   Provides  for  the enforcement of the Act.  Establishes fines      
   and penalties for violation.  Deposits moneys collected from fees  and      
   civil  penalties  into the Child Labor and Day Labor Enforcement Fund.      
   Amends the Child Labor Law.  Changes  the  name  of  the  Child  Labor      
   Enforcement  Fund  to  the Child Labor and Day Labor Enforcement Fund.      
   Provides that moneys in the Child Labor and Day Labor Enforcement Fund      
   may be used for the purposes of the Child Labor Law or the  Day  Labor      
   Services Act.  Effective January 1, 2003.                                   
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          820 ILCS 175/1                                                       
          820 ILCS 175/5                                                       
          820 ILCS 175/10                                                      
          820 ILCS 175/15                                                      
          820 ILCS 175/20                                                      
          820 ILCS 175/25                                                      
          820 ILCS 175/30                                                      
          820 ILCS 175/35                                                      
          820 ILCS 175/40                                                      
          820 ILCS 175/45                                                      
          820 ILCS 175/50                                                      
        Deletes  everything.  Reinserts  similar  provisions   with   the      
   following  additions  and changes.  Changes the short title of the Day      
   Labor Services Act to the Temporary Staffing  Services  Act.   Changes      
   references to "day labor" to "temporary staffing".  Changes references      
   to  "day  laborer"  to  "temporary  staffer".   Makes  various changes      
   concerning penalties and enforcement.  Effective January 1, 2003.           
          FISCAL NOTE (Department of Labor)                                    
          There is no fiscal impact in FY 2003 to the Department as a          
          result of SB 1975. There may be a positive impact in generating      
          revenue in future years depending upon the quantity of fines         
          and penalties assessed for violations of the Act.                    
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes  everything.  Reinserts  similar  provisions   with   the      
   following  additions  and changes.  Changes the short title of the Day      
   Labor Services Act to  the  Day  and  Temporary  Labor  Services  Act.      
   Changes  references  to  "day  labor"  to  "day  and temporary labor".      
   Changes references to "day laborer" to  "day  or  temporary  laborer".      
   Repeats  a  provision  of  existing  law that exempts professional and      
   clerical labor or employment from the Act. Provides that penalties for      
   violations found in audits apply to audits by the Department of Labor.      
   Provides that the Attorney General shall have authority  to  prosecute      
   all  reported  violations  (instead  of  providing  that  the Attorney      
   General  shall  prosecute  all  reported  violations).  Provides  that      
   penalties for violations may be ordered in an action  brought  by  any      
   party for a violation of the Act. Effective January 1, 2003.                
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          820 ILCS 130/4                  from Ch. 48, par. 39s-4              
          820 ILCS 130/5                  from Ch. 48, par. 39s-5              
        Amends  the  Prevailing  Wage  Act.  Provides  that  2  or   more      
   investigatory  hearings  on the issue of establishing a new prevailing      
   wage classification for a particular craft or type of worker shall  be      
   consolidated  in  a single hearing before the Department of Labor, and      
   that the consolidation shall occur whether each separate investigatory      
   hearing is conducted by a public body or the Department. Provides that      
   the party requesting a  consolidated  investigatory  hearing  has  the      
   burden  of  establishing  that  there  is  no existing prevailing wage      
   classification for the particular craft or type of worker  in  any  of      
   the   localities   under   consideration.  Requires  a  contractor  or      
   subcontractor that maintains its principal place of  business  outside      
   of  this State to make wage records or accurate copies of wage records      
   for all laborers, workers, and mechanics employed by the contractor or      
   subcontractor available within this State at all reasonable hours  for      
   inspection.   Provisions   added   by  this  amendment  are  effective      
   immediately.                                                                
 
Last action on Bill: PUBLIC ACT.............................. 92-0783

   Last action date: AUG-06-2002

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   2


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