HB2562eng 98TH GENERAL ASSEMBLY

HB2562 Engrossed LRB098 07684 JLS 37757 b

AN ACT concerning employment.

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

Section 5. The State Finance Act is amended by adding Section 5.826 as follows:

(30 ILCS 105/5.826 new)

Sec. 5.826. The Personnel Records Enforcement Fund.

Section 10. The Personnel Record Review Act is amended by changing Section 12 and adding Sections 14 and 15 as follows:

(820 ILCS 40/12) (from Ch. 48, par. 2012)

Sec. 12. (a) The Director of Labor or his authorized representative shall administer and enforce the provisions of this Act. The Director of Labor may issue rules and regulations necessary to administer and enforce the provisions of this Act.

(b) If an employee alleges that he or she has been denied his or her rights under this Act, he or she may file a complaint with the Department of Labor. The Department shall investigate the complaint and shall have authority to request the issuance of a search warrant or subpoena to inspect the files of the employer, if necessary. The Department shall attempt to resolve the complaint by conference, conciliation, or persuasion. If the complaint is not so resolved and the Department finds the employer has violated the Act, the Department may assess any civil penalty allowed by this Act. The civil penalties assessed by the Department shall be recoverable in an action brought in the name of the people of the State of Illinois by the Attorney General.

(b-5) If an employer violates this Act, the Department may commence an action in the circuit court to enforce the provisions of this Act including an action to compel compliance. The circuit court for the county in which the complainant resides, in which the complainant is employed, or in which the personnel record is maintained shall have jurisdiction in such actions.

(c) If an employer violates this Act, an employee may commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance, where efforts to resolve the employee's complaint concerning such violation by conference, conciliation or persuasion pursuant to subsection (b) have failed and the Department has not commenced an action in circuit court to redress such violation. The circuit court for the county in which the complainant resides, in which the complainant is employed, or in which the personnel record is maintained shall have jurisdiction in such actions.

(d) Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award an employee prevailing in an action pursuant to this Act the following damages:

(1) Actual damages plus costs.

(2) For a willful and knowing violation of this Act, $200 plus costs, reasonable attorney's fees, and actual damages.

(e) Any employer or his agent who violates the provisions of this Act is guilty of a petty offense.

(f) Any employer or his agent, or the officer or agent of any private employer, who discharges or in any other manner discriminates against any employee because that employee has made a complaint to his employer, or to the Director or his authorized representative, or because that employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this Act, or because that employee has testified or is about to testify in an investigation or proceeding under this Act, is guilty of a petty offense.

(Source: P.A. 84-525.)

(820 ILCS 40/14 new)

Sec. 14. Penalties. An employer or entity, other than the General Assembly, that violates any of the provisions of this Act or any rule adopted under this Act shall be subject to a civil penalty of $250, plus $25 per day for each day the violation continues. The amount of the penalty may be recovered in a civil action filed in any circuit court by the Director of Labor or a person aggrieved by a violation of this Act or any rule adopted under this Act. Any uncollected amount shall be subject to the provisions of the Illinois State Collection Act of 1986.

(820 ILCS 40/15 new)

Sec. 15. Personnel Records Enforcement Fund. All moneys received by the Department as civil penalties under this Act shall be deposited into the Personnel Records Enforcement Fund, a special fund created in the State treasury. Moneys in the Fund shall be used, subject to appropriation by the General Assembly, by the Department for administration, investigation, and other expenses incurred in carrying out its powers and duties under this Act. The Department shall hire as many investigators and other personnel as may be necessary to carry out the purposes of this Act. Any moneys in the Fund at the end of a fiscal year in excess of those moneys necessary for the Department to carry out its powers and duties under this Act shall be available to the Department for the next fiscal year for any of the Department's duties and may be transferred from the Personnel Records Enforcement Fund to the various accounts available to the Department, as needed.