Public Act 93-0441

HB0310 Enrolled                      LRB093 02462 WGH 06062 b

    AN ACT in relation to labor.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.  The Day and Temporary Labor Services Act is
amended by changing Section  55  and  adding  Section  85  as
follows:

    (820 ILCS 175/55)
    Sec.  55.  Enforcement.  It  shall  be  the  duty  of the
Department  to  enforce  the  provisions  of  this  Act.  The
Department shall have the power to conduct investigations  in
connection  with  the  administration and enforcement of this
Act  and  any  investigator  with  the  Department  shall  be
authorized to visit and inspect, at all reasonable times, any
places covered  by  this  Act  and  shall  be  authorized  to
inspect,   at   all   reasonable  times,  contracts  for  the
employment of all day or temporary laborers entered into by a
third  party  employer  if  the  Department  has  received  a
complaint indicating that the third party employer  may  have
contracted with a day and temporary labor service agency that
is  not  registered  under  this  Act.  The  Department shall
conduct   hearings   in   accordance   with   the    Illinois
Administrative  Procedure  Act  upon  written complaint by an
investigator of the Department or any interested person of  a
violation  of the Act. After the hearing, if supported by the
evidence, the Department may (i) issue and cause to be served
on any party an  order  to  cease  and  desist  from  further
violation  of  the Act, (ii) take affirmative or other action
as  deemed  reasonable  to  eliminate  the  effect   of   the
violation,  (iii)  deny,  suspend, or revoke any registration
under this Act, and (iv) determine the amount  of  any  civil
penalty  allowed  by the Act. The Director of Labor or his or
her representative may compel, by  subpoena,  the  attendance
and  testimony  of  witnesses  and  the  production of books,
payrolls,  records,  papers,  and  other  evidence   in   any
investigation   or   hearing  and  may  administer  oaths  to
witnesses; however, proprietary lists of a day and  temporary
labor service agency are not subject to subpoena.  Nothing in
this  Act  applies  to  labor  or employment of a clerical or
professional nature.
(Source: P.A. 92-783, eff. 1-1-03.)

    (820 ILCS 175/85 new)
    Sec. 85. Third party employers. Third party employers are
prohibited from entering into contracts for the employment of
day or temporary laborers with any day  and  temporary  labor
service  agency  not registered under Section 45 of this Act.
Upon request, the Department shall provide to a  third  party
employer  a  list of entities registered as day and temporary
labor service agencies. The Department shall provide  on  the
Internet  a  list of entities registered as day and temporary
labor service agencies.