HB4340ham001 100TH GENERAL ASSEMBLY

Rep. Barbara Wheeler

Filed: 3/6/2018

10000HB4340ham001 LRB100 17799 HEP 36754 a

AMENDMENT TO HOUSE BILL 4340

AMENDMENT NO. ______. Amend House Bill 4340 by replacing everything after the enacting clause with the following:

"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.

(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.)".