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| Public Act 100-0671
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| HB4340 Enrolled | LRB100 17799 HEP 32978 b |
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Human Trafficking Resource Center Notice Act |
is amended by changing Sections 5, 15, and 20 as follows:
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(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: an establishment at which persons licensed under |
the Medical Practice Act of 1987, the Illinois Physical |
Therapy Act, or the Naprapathic Practice Act engage in |
practice under one of those Acts; 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.
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(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. |
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(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.)
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(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 |
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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.
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(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17.)
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(775 ILCS 50/20)
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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 |
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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.
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(Source: P.A. 99-99, eff. 1-1-16.)
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