Public Act 100-0671
 
HB4340 EnrolledLRB100 17799 HEP 32978 b


  
    AN ACT concerning human rights.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Human Trafficking Resource Center Notice Act 
is amended  by changing Sections 5, 15, and 20 as follows:
 
    (775 ILCS 50/5)
    Sec. 5. Posted notice required. 
    (a) Each of the following businesses and other 
establishments shall, upon the availability of the model notice 
described in Section 15 of this Act, post a notice that 
complies with the requirements of this Act in a conspicuous 
place near the public entrance of the establishment or in 
another conspicuous location in clear view of the public and 
employees where similar notices are customarily posted:
        (1) On premise consumption retailer licensees under 
    the Liquor Control Act of 1934 where the sale of alcoholic 
    liquor is the principal

business carried on by the licensee 
    at the premises and primary to the

sale of food.
        (2) Adult entertainment facilities, as defined in 
    Section 5-1097.5 of the Counties Code.
        (3) Primary airports, as defined in Section 47102(16) 
    of Title 49 of the United States Code.
        (4) Intercity passenger rail or light rail stations.
        (5) Bus stations.
        (6) Truck stops. For purposes of this Act, "truck stop" 
    means a privately-owned and operated facility that 
    provides food, fuel, shower or other sanitary facilities, 
    and lawful overnight truck parking.
        (7) Emergency rooms within general acute care 
    hospitals.
        (8) Urgent care centers.
        (9) Farm labor contractors. For purposes of this Act, 
    "farm labor contractor" means: (i) any person who for a fee 
    or other valuable consideration recruits, supplies, or 
    hires, or transports in connection therewith, into or 
    within the State, any farmworker not of the contractor's 
    immediate family to work for, or under the direction, 
    supervision, or control of, a third person; or (ii) any 
    person who for a fee or other valuable consideration 
    recruits, supplies, or hires, or transports in connection 
    therewith, into or within the State, any farmworker not of 
    the contractor's immediate family, and who for a fee or 
    other valuable consideration directs, supervises, or 
    controls all or any part of the work of the farmworker or 
    who disburses wages to the farmworker. However, "farm labor 
    contractor" does not include full-time regular employees 
    of food processing companies when the employees are engaged 
    in recruiting for the companies if those employees are not 
    compensated according to the number of farmworkers they 
    recruit.
        (10) Privately-operated job recruitment centers.
        (11) Massage establishments. As used in this Act, 
    "massage establishment" means a place of business in which 
    any method of massage therapy is administered or practiced 
    for compensation. "Massage establishment"  does not 
    include: an establishment at which persons licensed under 
    the Medical Practice Act of 1987, the Illinois Physical 
    Therapy Act, or the Naprapathic Practice Act engage in 
    practice under one of those Acts; a business owned by a 
    sole licensed massage therapist; or a cosmetology or 
    esthetics salon registered under the Barber, Cosmetology, 
    Esthetics, Hair Braiding, and Nail Technology Act of 1985.
    (b) The Department of Transportation  shall, upon the 
availability of the model notice described in Section 15 of 
this Act, post a notice that complies with the requirements of 
this Act in a conspicuous place near the public entrance of 
each roadside rest area or in another conspicuous location in 
clear view of the public and employees where similar notices 
are customarily posted.

    (c) The owner of a hotel or motel shall, upon the 
availability of the model notice described in Section 15 of 
this Act, post a notice that complies with the requirements of 
this Act in a conspicuous and accessible  place in or about the 
premises in clear view of the employees where similar notices 
are customarily posted. 
    (d) The organizer of a public gathering or special event 
that is conducted on property open to the public and requires 
the issuance of a permit from the unit of local government 
shall post a notice that complies with the requirements of this 
Act in a conspicuous and accessible  place in or about the 
premises in clear view of the public and employees where 
similar notices are customarily posted.
    (e) The administrator of a public or private elementary 
school or public or private secondary school shall post a 
printout of the downloadable notice provided by the Department 
of Human Services under Section 15 that complies with the 
requirements of this Act in a conspicuous and accessible  place 
chosen by the administrator in the administrative office or 
another location in view of school employees. School districts 
and personnel are not subject to the penalties provided under 
subsection (a) of Section 20.
    (f) The owner of an establishment registered under the 
Tattoo and Body Piercing Establishment Registration Act shall 
post a notice that complies with the requirements of this Act 
in a conspicuous and accessible  place in clear view of 
establishment employees.
(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17.)
 
    (775 ILCS 50/15)
    Sec. 15. Model notice. No later than 6 months after the 
effective date of this Act, the Department of Human Services 
shall: (i)  develop a model notice that complies with the 
requirements of Section 10 of this Act; or (ii) adopt a model 
notice developed by the Illinois Task Force on Human 
Trafficking that complies with the requirements of Section 10 
of this Act.   The Department of Human Services shall make the 
model notice available for download on the Department's 
Internet website. Upon request, the Department of Human 
Services shall furnish copies of the model notice without 
charge to a business, or establishment, or school identified in 
subsection (c) of Section 5.

(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17.)
 
    (775 ILCS 50/20)

    Sec. 20. Penalties. 
    (a)   A business or establishment identified in subsection 
(a) of Section 5 that fails to comply with the requirements of 
this Act within 30 days of receipt of a notice described in 
subsection (b) is guilty of a petty offense, and subject to a 
fine of up to $500 for each violation is  liable for a civil 
penalty of $500 for a first offense and $1,000 for each 
subsequent offense. 
    (b) The governmental entity regulating a business or 
establishment and local law enforcement agency having 
jurisdiction Department of Labor shall, in the course of 
regulating a business or establishment or carrying out law 
enforcement duties, monitor and enforce compliance with this 
Act.  Upon discovering a violation, the governmental entity or 
local law enforcement agency having jurisdiction Department of 
Labor shall provide the business or establishment with 
reasonable notice of noncompliance that informs the business or 
establishment that it is subject to a fine civil penalty if it 
does not correct the violation within 30 days from the date the 
notice is sent to the business or establishment.
    (c) If the governmental entity regulating a business or 
establishment or local law enforcement agency having 
jurisdiction Department of Labor verifies that the violation 
was not corrected within the 30-day period described in 
subsection (b), the Attorney General or State's Attorney may 
prosecute a violation of may bring an action to impose a civil 
penalty pursuant to this Section.

(Source: P.A. 99-99, eff. 1-1-16.)



Effective Date:  1/1/2019