Bill Text: IL SB0161 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with additions and changes. Modifies provisions concerning the Worker Protection Unit. Specifies that the Unit shall be dedicated to combating businesses that underpay their employees, force their employees to work in unsafe conditions, and gain an unfair economic advantage by avoiding their tax and labor responsibilities. Specifies that the Unit shall have the power and duty to intervene in, initiate, and enforce all legal proceedings on matters related to the payment of wages, the safety of the workplace, and fair employment practices. Provides that the Office of the Attorney General may use information obtained by the Worker Protection Unit for law enforcement purposes only. Modifies provisions concerning the Worker Protection Unit Task Force. Provides that the Task Force shall be coordinated by the Office of the Attorney General to promote a statewide outreach and enforcement effort to target businesses that violate the State's worker protection laws (currently, to target Illinois' underground economy). Adds members to the Task Force. Makes other changes concerning the purposes and duties of the Unit and Task Force.
Spectrum: Strong Partisan Bill (Democrat 58-4)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0527 [SB0161 Detail]
Download: Illinois-2019-SB0161-Introduced.html
Bill Title: Reinserts the provisions of the introduced bill with additions and changes. Modifies provisions concerning the Worker Protection Unit. Specifies that the Unit shall be dedicated to combating businesses that underpay their employees, force their employees to work in unsafe conditions, and gain an unfair economic advantage by avoiding their tax and labor responsibilities. Specifies that the Unit shall have the power and duty to intervene in, initiate, and enforce all legal proceedings on matters related to the payment of wages, the safety of the workplace, and fair employment practices. Provides that the Office of the Attorney General may use information obtained by the Worker Protection Unit for law enforcement purposes only. Modifies provisions concerning the Worker Protection Unit Task Force. Provides that the Task Force shall be coordinated by the Office of the Attorney General to promote a statewide outreach and enforcement effort to target businesses that violate the State's worker protection laws (currently, to target Illinois' underground economy). Adds members to the Task Force. Makes other changes concerning the purposes and duties of the Unit and Task Force.
Spectrum: Strong Partisan Bill (Democrat 58-4)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0527 [SB0161 Detail]
Download: Illinois-2019-SB0161-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Attorney General Act is amended by adding | |||||||||||||||||||||
5 | Sections 6.3 and 6.4 as follows:
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6 | (15 ILCS 205/6.3 new) | |||||||||||||||||||||
7 | Sec. 6.3. Worker Protection Unit. | |||||||||||||||||||||
8 | (a) The General Assembly finds that the welfare and | |||||||||||||||||||||
9 | prosperity of all Illinois citizens and businesses requires the | |||||||||||||||||||||
10 | establishment of a Unit within the Attorney General's Office | |||||||||||||||||||||
11 | dedicated to combat the State's underground economy, which | |||||||||||||||||||||
12 | forces its employees to work in unsafe conditions and gives | |||||||||||||||||||||
13 | businesses that avoid their tax and labor responsibilities an | |||||||||||||||||||||
14 | unfair economic advantage. The Worker Protection Unit shall be | |||||||||||||||||||||
15 | focused on protecting the State's workforce to ensure workers | |||||||||||||||||||||
16 | are paid properly, guarantee safe workplaces, and allow | |||||||||||||||||||||
17 | law-abiding business owners to thrive through healthy and fair | |||||||||||||||||||||
18 | competition. Businesses that operate "off-the-books" put a | |||||||||||||||||||||
19 | greater burden on taxpayers by hurting the State's ability to | |||||||||||||||||||||
20 | provide critical services; compliant businesses cannot compete | |||||||||||||||||||||
21 | against those who gain an unfair advantage by evading their | |||||||||||||||||||||
22 | responsibilities. | |||||||||||||||||||||
23 | (b) There is created within the Office of the Attorney |
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1 | General a Worker Protection Unit, consisting of Assistant | ||||||
2 | Attorneys General appointed by the Attorney General, who, | ||||||
3 | together with other staff as deemed necessary by the Attorney | ||||||
4 | General, shall have the power and duty on behalf of the People | ||||||
5 | of the State, as parens patriae on behalf of persons within the | ||||||
6 | State, to intervene in, initiate, enforce, and defend all | ||||||
7 | criminal or civil legal proceedings on matters and violations | ||||||
8 | relating to the Prevailing Wage Act, the Employee | ||||||
9 | Classification Act, the Minimum Wage Law, the Day and Temporary | ||||||
10 | Labor Services Act, or the Wage Payment and Collection Act, | ||||||
11 | whenever the Attorney General determines that such action is | ||||||
12 | necessary to protect the rights and interests of Illinois | ||||||
13 | workers and Illinois businesses. | ||||||
14 | (c) In addition to the investigative and enforcement powers | ||||||
15 | available to the Attorney General under the laws of this State, | ||||||
16 | the Attorney General has the power and authority, | ||||||
17 | notwithstanding and regardless of any proceeding instituted or | ||||||
18 | to be instituted by or before the Illinois Department of Labor, | ||||||
19 | or any other administrative agency, to protect the rights and | ||||||
20 | interests of Illinois workers and Illinois businesses by | ||||||
21 | commencing an action or proceeding in circuit court. Prior to | ||||||
22 | initiating an action, the Attorney General shall conduct an | ||||||
23 | investigation and may: (1) require an individual or entity to | ||||||
24 | file a statement or report in writing under oath or otherwise, | ||||||
25 | as to all information the Attorney General may consider | ||||||
26 | necessary; (2) examine under oath any person alleged to have |
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1 | participated in or with knowledge of the alleged violation; or | ||||||
2 | (3) issue subpoenas or conduct hearings in aid of any | ||||||
3 | investigation. | ||||||
4 | (d) In an action brought under this Section, the Attorney | ||||||
5 | General may obtain, as a remedy, monetary damages to the State, | ||||||
6 | restitution, and equitable relief, including any permanent or | ||||||
7 | preliminary injunction, temporary restraining order, or other | ||||||
8 | order, including an order enjoining the defendant from engaging | ||||||
9 | in a violation, or order any action as may be appropriate. In | ||||||
10 | addition, the Attorney General may request and the court may | ||||||
11 | impose a civil penalty against any person or entity found by | ||||||
12 | the court to have engaged in a violation of the Prevailing Wage | ||||||
13 | Act, the Employee Classification Act, the Minimum Wage Law, the | ||||||
14 | Day and Temporary Labor Services Act, or the Wage Payment and | ||||||
15 | Collection Act, in a sum not to exceed the civil penalty | ||||||
16 | provided in the respective Act that was violated. An aggrieved | ||||||
17 | individual may not recover monetary relief in more than one | ||||||
18 | proceeding. | ||||||
19 | (e) Upon the Attorney General's request, the Illinois | ||||||
20 | Department of Labor shall provide any materials or documents | ||||||
21 | already in the Department's possession pertaining to the | ||||||
22 | enforcement of this Section. Nothing in this Section is | ||||||
23 | intended to take away or limit any powers of the Attorney | ||||||
24 | General under common law or other statutory law.
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25 | (15 ILCS 205/6.4 new) |
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1 | Sec. 6.4. Worker Protection Unit Task Force. | ||||||
2 | (a) There is created a Worker Protection Task Force within | ||||||
3 | the Office of the Illinois Attorney General. The Task Force | ||||||
4 | shall be coordinated by the Office of the Attorney General and | ||||||
5 | be made up of a coalition of State's Attorneys across the State | ||||||
6 | of Illinois to promote a statewide outreach and enforcement | ||||||
7 | effort to target Illinois' underground economy. The purpose of | ||||||
8 | the Task Force shall be to: | ||||||
9 | (1) create a coalition of State's Attorneys in Illinois | ||||||
10 | dedicated to protecting the State's workforce and | ||||||
11 | law-abiding businesses; | ||||||
12 | (2) facilitate the timely sharing of information | ||||||
13 | between Task Force members relating to suspected worker | ||||||
14 | exploitation; | ||||||
15 | (3) promote the refinement of targeting methods, best | ||||||
16 | practices, and to develop strategies to systemically | ||||||
17 | investigate worker exploitation; and | ||||||
18 | (4) work cooperatively with labor and community | ||||||
19 | organizations, businesses and business coalitions, and | ||||||
20 | other advocacy groups to increase public awareness on the | ||||||
21 | underground economy in an effort to promote fairness, | ||||||
22 | combat discrimination, and protect the welfare of the | ||||||
23 | State. | ||||||
24 | (b) The Task Force shall consist of: | ||||||
25 | (1) the Illinois Attorney General; | ||||||
26 | (2) Assistant Attorneys General, assigned at the |
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1 | discretion of the Illinois Attorney General; and | ||||||
2 | (3) elected State's Attorneys of Illinois, or a | ||||||
3 | designee as may be appointed by each State's Attorney who | ||||||
4 | is a member of the Task Force to act as his or her | ||||||
5 | representative. | ||||||
6 | (c) The Task Force shall elect a chairperson from its | ||||||
7 | membership and shall have the authority to determine its own | ||||||
8 | meeting schedule, hearing schedule, and agendas. Members of the | ||||||
9 | Task Force shall serve without compensation. | ||||||
10 | (d) The Task Force shall submit a report to the Governor | ||||||
11 | and the General Assembly regarding its progress no later than | ||||||
12 | December 1, 2020. | ||||||
13 | (e) This Section is repealed December 1, 2021.
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