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Rep. Larry McKeon
Filed: 5/12/2004
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09300SB0797ham002 |
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LRB093 03139 WGH 50853 a |
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| AMENDMENT TO SENATE BILL 797
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| AMENDMENT NO. ______. Amend Senate Bill 797, AS AMENDED, |
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| with reference to page and line numbers of House Amendment No. |
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| 1, on page 5, by replacing lines 14 and 15 with the following:
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| "Section 90. The State Finance Act is amended by changing |
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| Section 5.306 and adding Section 5.625 as follows:
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| (30 ILCS 105/5.306) (from Ch. 127, par. 141.306)
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| Sec. 5.306. The Child Labor,
and Day and Temporary Labor |
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| Services, and Prevailing Wage
Enforcement
Fund.
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| (Source: P.A. 92-783, eff. 1-1-03.)"; and
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| on page 9, by inserting after line 27 the following:
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| "Section 93. The Child Labor Law is amended by changing |
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| Section 17.3 as follows:
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| (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
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| Sec. 17.3. Any employer who violates any of the provisions |
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| of this
Act or any rule or regulation issued under the Act |
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| shall be subject to a
civil penalty of not to exceed $5,000 for |
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| each such violation. In
determining the amount of such penalty, |
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| the appropriateness of such
penalty to the size of the business |
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| of the employer charged and the
gravity of the violation shall |
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| be considered. The amount of such
penalty, when finally |
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09300SB0797ham002 |
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LRB093 03139 WGH 50853 a |
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| determined, may be
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| (1) recovered in a civil action brought by the Director |
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| of Labor in
any circuit court, in which litigation the |
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| Director of Labor
shall be represented by the Attorney |
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| General;
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| (2) ordered by the court, in an action brought for |
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| violation under
Section 19, to be paid to the Director of |
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| Labor.
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| Any administrative determination by the Department of |
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| Labor of the
amount of each penalty shall be final unless |
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| reviewed as provided in
Section 17.1 of this Act.
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| Civil penalties recovered under this Section shall be paid |
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| into the
Child Labor,
and Day and Temporary Labor Services, and |
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| Prevailing Wage Enforcement Fund, a special fund
which
is |
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| hereby
created in the
State treasury. Moneys in the Fund may be |
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| used,
subject to
appropriation, for exemplary programs, |
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| demonstration projects, and other
activities or purposes |
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| related to the enforcement of this Act or for the
activities or |
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| purposes related to the enforcement of the Day and Temporary
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| Labor Services Act or the Prevailing Wage Act.
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| (Source: P.A. 92-783, eff. 1-1-03.)
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| Section 94. The Prevailing Wage Act is amended by adding |
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| Section 11c as follows:
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| (820 ILCS 130/11c new)
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| Sec. 11c. Prevailing Wage Enforcement Fund. Forty percent |
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| of the civil
penalties recovered under this Act shall be |
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| deposited into the Child
Labor, Day and Temporary Labor |
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| Services, and Prevailing Wage Enforcement Fund and may be
used |
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| for the purposes set forth in Section 17.3 of the Child
Labor |
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| Law.".
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