Sen. William Delgado
Filed: 3/15/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3568 




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    AMENDMENT NO. ______. Amend Senate Bill 3568, AS AMENDED, 
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in the first sentence of subsection (d) of Sec. 11 of Section 
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10, by replacing "Subject to appropriation, to" with "In 
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addition to the aforementioned powers, subject to 
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appropriation, the Department may"; and


 

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in the second sentence of subsection (d) of Sec. 11 of Section 
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10, by replacing "his or her" with "her or his"; and
 
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in paragraph (1)  of  subsection (a-5) of Sec. 14 of Section 10, 
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by replacing "$500 or less, a Class A" with "$5,000 or less, a 
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Class B"; and
 
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in paragraph (2)  of  subsection (a-5) of Sec. 14 of Section 10, 
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by replacing "$500, a Class 4 felony" with $5,000, a Class A 
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misdemeanor"; and
 
 


 






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by replacing all  of subsections (b) and (b-5) of Sec. 14 of 
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Section 10 with the following:
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    "Any employer or any agent of an employer who violates this 
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Section of the Act a subsequent time within 2 years of a prior 
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criminal conviction under this Section is guilty, upon 
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conviction, of a Class 4 felony.
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    (b) Any employer who has been demanded by the Director of 
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Labor or ordered by the court to pay wages, final compensation, 
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or wage supplements due an employee shall be required to pay a 
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non-waivable administrative fee of $250 to the Department of 
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Labor. If an employer fails to pay penalties or wages that have 
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been so demanded or ordered and who shall fail to do so within 
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15 calendar days after such demand or order is entered, the 
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employer shall also be liable to pay an additional a penalty of 
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1% per calendar day to the employee for each day of delay in 
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paying such wages to the employee up to an amount equal to 
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twice the sum of unpaid wages due the employee. Such employer 
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shall also be liable to the Department of Labor for 20% of such 
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unpaid wages. All moneys recovered as fees and civil penalties 
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under this Act, except those owing to the affected employee, 
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shall be deposited into the Wage Theft Enforcement Fund, a 
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special fund which is hereby created in the State treasury. 
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Moneys in the Fund may be used only for enforcement of this 
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Act.


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    (b-5) Penalties  and fees under this Section may be 
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recovered in a civil action brought by the Director in any 
 


 






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circuit court or in any administrative adjudicative proceeding 
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under this Act. In any  civil action or administrative 
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adjudicative proceeding under this Act this  litigation , the 
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Director of Labor shall be represented by the Attorney 
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General.".