Bill Text: IL HB4340 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-08-03 - Public Act . . . . . . . . . 100-0671 [HB4340 Detail]

Download: Illinois-2017-HB4340-Engrossed.html

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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, 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.

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(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

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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. "Massage establishment" does not include
a business owned by a sole licensed massage therapist or a
cosmetology or esthetics salon registered under the
Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
Technology Act of 1985.
(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

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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

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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

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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.)