Rep. Will Guzzardi

Filed: 4/4/2016





09900HB3554ham002LRB099 10266 JLS 46497 a


2    AMENDMENT NO. ______. Amend House Bill 3554, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Wage Payment and Collection Act is
6amended by adding Section 11.5 as follows:
7    (820 ILCS 115/11.5 new)
8    Sec. 11.5. Departmental wage recovery; remittance to
9aggrieved employee.
10    (a) Upon the recovery of unpaid wages, wage supplements, or
11final compensation from an employer that has violated this Act,
12the Department shall make a good faith search to find the
13aggrieved employee and to remit to the aggrieved employee the
14amount recovered no later than 120 days after the recovery. If
15after conducting a good faith search for the aggrieved employee
16the Department is unable to find the aggrieved employee, the



09900HB3554ham002- 2 -LRB099 10266 JLS 46497 a

1Department shall deposit the amount recovered into the
2Department of Labor Special State Trust Fund on the first
3business day after 120 days after the recovery. The amounts
4deposited into the Department of Labor Special State Trust Fund
5must remain available for remittance to the aggrieved employee
6for 5 years after the date of the deposit.
7    The Department may demonstrate a good faith effort through
8documented attempts to contact the aggrieved employee entitled
9to the funds through mail correspondence, email
10correspondence, and telephonic communications. The Department
11shall search for additional addresses and telephone numbers for
12the aggrieved employee if those available to the Department do
13not result in contact with the aggrieved employee.
14    During each year that the recovered amounts remain in the
15Department of Labor Special State Trust Fund, the Department
16must make a good faith effort to locate the aggrieved employee.
17    (b) Aggrieved employees who attempt to recover wages that
18have been deposited into the Department of Labor Special State
19Trust Fund within 5 years after the deposit of the recovered
20amounts shall be deemed vendors for purposes of receiving a
21State issued check or direct deposit for the amounts due to
22them. As used in this subsection, "vendor" has the meaning
23ascribed to that term in subsection (f) of Section 9.03 of the
24State Comptroller Act. Any funds derived from the recovery of
25unpaid wages, wage supplements, or final compensation from an
26employer that violates this Act that remain in the Department



09900HB3554ham002- 3 -LRB099 10266 JLS 46497 a

1of Labor Special State Trust Fund after 5 years shall be
2deposited into the Wage Theft Enforcement Fund.
3    (c) The Comptroller shall accept an aggrieved employee's
4individual taxpayer identification number issued by the
5Internal Revenue Service as a form of identification equally
6acceptable to a social security number for purposes of making
7the vendor payment.".