Labor Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 1854
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2 | AMENDMENT NO. ______. Amend House Bill 1854 on page 1, line | ||||||
3 | 5 by changing "Sections 5a and 5b" to "Section 5a"; and | ||||||
4 | by replacing lines 19 through 25 on page 8 and lines 1 through | ||||||
5 | 11 on page 9 with the following: | ||||||
6 | " Sec. 5a. Misuse of information; harassment; penalties. | ||||||
7 | (a) The use of information made available pursuant to a | ||||||
8 | request under the Freedom of Information Act in accordance with | ||||||
9 | subsection (a) of Section 5 for the purpose of filing | ||||||
10 | complaints that are determined to be frivolous, vexatious, or | ||||||
11 | brought primarily for the purpose of harassment constitutes | ||||||
12 | misuse of information and is prohibited. | ||||||
13 | (b) A person aggrieved by the misuse of information as | ||||||
14 | prohibited by subsection (a) of this Section may bring a civil | ||||||
15 | action for damages up to $5,000 and reasonable attorney's fees | ||||||
16 | and other litigation costs reasonably incurred. | ||||||
17 | (c) A person who knowingly violates subsection (a) of this |
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1 | Section commits a Class B misdemeanor. | ||||||
2 | (d) The Department of Labor may impose a civil penalty not | ||||||
3 | to exceed $5,000 for a violation of subsection (a) of this | ||||||
4 | Section. "; and
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5 | on page 10, by replacing lines 5 through 16 with the following: | ||||||
6 | " After an alleged violation occurs, a written complaint | ||||||
7 | regarding an alleged violation of this Act shall be filed with | ||||||
8 | the Director of Labor. Within 14 days of a complaint being | ||||||
9 | filed with the Director, a copy of the complaint shall be sent | ||||||
10 | to the contractor who allegedly committed the violation, who | ||||||
11 | shall be the respondent. Any complaint provided to the | ||||||
12 | respondent shall not identify the identity of the complaining | ||||||
13 | party as provided under subdivision (1)(b)(v) of Section 7 of | ||||||
14 | the Freedom of Information Act. ".
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