HB4340 100TH GENERAL ASSEMBLY

LRB100 17799 HEP 32978 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4340

Introduced , by Rep. Barbara Wheeler

SYNOPSIS AS INTRODUCED:

775 ILCS 50/5
775 ILCS 50/20

Amends the Human Trafficking Resource Center Notice Act. To the list of entities required to post the notice under the Act, adds: massage parlors and bath houses; public gatherings and special events conducted on property open to the public that require the issuance of a permit from the unit of local government; establishments used primarily for gaming and where gaming equipment or supplies are used or offered for use for the purpose of accruing business revenue; and public and private elementary and secondary schools. Provides that the Department of Revenue or the governmental entity regulating a business or establishment (instead of the Department of Labor) shall monitor and enforce compliance with the Act.

A BILL FOR

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 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 parlors and bath houses.

(12) Establishments used primarily for gaming and where gaming equipment or supplies are used or offered for use for the purpose of accruing business revenue.

(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 notice that complies with the requirements of this Act in a conspicuous and accessible place in the administrative office or another location in view of school employees.

(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 is liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense.

(b) The Department of Revenue or the governmental entity regulating a business or establishment Labor shall, in the course of regulating a business or establishment, monitor and enforce compliance with this Act. Upon discovering a violation, the Department of Revenue or the governmental entity regulating a business or establishment Labor shall provide the business or establishment with reasonable notice of noncompliance that informs the business or establishment that it is subject to a 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 Department of Revenue or the governmental entity regulating a business or establishment Labor verifies that the violation was not corrected within the 30-day period described in subsection (b), the Attorney General may bring an action to impose a civil penalty pursuant to this Section.

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