|     | 
| |  |  | 10000HB0690ham003 | - 2 - | LRB100 00003 JLS 25489 a | 
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| 1 |  |   (c) Applications, related documents, and medical  | 
| 2 |  | records received by the Experimental Organ Transplantation  | 
| 3 |  | Procedures Board and any and all documents or other records  | 
| 4 |  | prepared by the Experimental Organ Transplantation  | 
| 5 |  | Procedures Board or its staff relating to applications it  | 
| 6 |  | has received. | 
| 7 |  |   (d) Information and records held by the Department of  | 
| 8 |  | Public Health and its authorized representatives relating  | 
| 9 |  | to known or suspected cases of sexually transmissible  | 
| 10 |  | disease or any information the disclosure of which is  | 
| 11 |  | restricted under the Illinois Sexually Transmissible  | 
| 12 |  | Disease Control Act. | 
| 13 |  |   (e) Information the disclosure of which is exempted  | 
| 14 |  | under Section 30 of the Radon Industry Licensing Act. | 
| 15 |  |   (f) Firm performance evaluations under Section 55 of  | 
| 16 |  | the Architectural, Engineering, and Land Surveying  | 
| 17 |  | Qualifications Based Selection Act. | 
| 18 |  |   (g) Information the disclosure of which is restricted  | 
| 19 |  | and exempted under Section 50 of the Illinois Prepaid  | 
| 20 |  | Tuition Act. | 
| 21 |  |   (h) Information the disclosure of which is exempted  | 
| 22 |  | under the State Officials and Employees Ethics Act, and  | 
| 23 |  | records of any lawfully created State or local inspector  | 
| 24 |  | general's office that would be exempt if created or  | 
| 25 |  | obtained by an Executive Inspector General's office under  | 
| 26 |  | that Act. | 
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| 1 |  |   (i) Information contained in a local emergency energy  | 
| 2 |  | plan submitted to a municipality in accordance with a local  | 
| 3 |  | emergency energy plan ordinance that is adopted under  | 
| 4 |  | Section 11-21.5-5 of the Illinois Municipal Code. | 
| 5 |  |   (j) Information and data concerning the distribution  | 
| 6 |  | of surcharge moneys collected and remitted by wireless  | 
| 7 |  | carriers under the Wireless Emergency Telephone Safety  | 
| 8 |  | Act. | 
| 9 |  |   (k) Law enforcement officer identification information  | 
| 10 |  | or driver identification information compiled by a law  | 
| 11 |  | enforcement agency or the Department of Transportation  | 
| 12 |  | under Section 11-212 of the Illinois Vehicle Code. | 
| 13 |  |   (l) Records and information provided to a residential  | 
| 14 |  | health care facility resident sexual assault and death  | 
| 15 |  | review team or the Executive Council under the Abuse  | 
| 16 |  | Prevention Review Team Act. | 
| 17 |  |   (m) Information provided to the predatory lending  | 
| 18 |  | database created pursuant to Article 3 of the Residential  | 
| 19 |  | Real Property Disclosure Act, except to the extent  | 
| 20 |  | authorized under that Article. | 
| 21 |  |   (n) Defense budgets and petitions for certification of  | 
| 22 |  | compensation and expenses for court appointed trial  | 
| 23 |  | counsel as provided under Sections 10 and 15 of the Capital  | 
| 24 |  | Crimes Litigation Act. This subsection (n) shall apply  | 
| 25 |  | until the conclusion of the trial of the case, even if the  | 
| 26 |  | prosecution chooses not to pursue the death penalty prior  | 
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| 1 |  | to trial or sentencing. | 
| 2 |  |   (o) Information that is prohibited from being  | 
| 3 |  | disclosed under Section 4 of the Illinois Health and  | 
| 4 |  | Hazardous Substances Registry Act. | 
| 5 |  |   (p) Security portions of system safety program plans,  | 
| 6 |  | investigation reports, surveys, schedules, lists, data, or  | 
| 7 |  | information compiled, collected, or prepared by or for the  | 
| 8 |  | Regional Transportation Authority under Section 2.11 of  | 
| 9 |  | the Regional Transportation Authority Act or the St. Clair  | 
| 10 |  | County Transit District under the Bi-State Transit Safety  | 
| 11 |  | Act.  | 
| 12 |  |   (q) Information prohibited from being disclosed by the  | 
| 13 |  | Personnel Records Review Act.  | 
| 14 |  |   (r) Information prohibited from being disclosed by the  | 
| 15 |  | Illinois School Student Records Act.  | 
| 16 |  |   (s) Information the disclosure of which is restricted  | 
| 17 |  | under Section 5-108 of the Public Utilities Act. 
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| 18 |  |   (t) All identified or deidentified health information  | 
| 19 |  | in the form of health data or medical records contained in,  | 
| 20 |  | stored in, submitted to, transferred by, or released from  | 
| 21 |  | the Illinois Health Information Exchange, and identified  | 
| 22 |  | or deidentified health information in the form of health  | 
| 23 |  | data and medical records of the Illinois Health Information  | 
| 24 |  | Exchange in the possession of the Illinois Health  | 
| 25 |  | Information Exchange Authority due to its administration  | 
| 26 |  | of the Illinois Health Information Exchange. The terms  | 
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| 1 |  | "identified" and "deidentified" shall be given the same  | 
| 2 |  | meaning as in the Health Insurance Portability and  | 
| 3 |  | Accountability Act of 1996, Public Law 104-191, or any  | 
| 4 |  | subsequent amendments thereto, and any regulations  | 
| 5 |  | promulgated thereunder.  | 
| 6 |  |   (u) Records and information provided to an independent  | 
| 7 |  | team of experts under Brian's Law.  | 
| 8 |  |   (v) Names and information of people who have applied  | 
| 9 |  | for or received Firearm Owner's Identification Cards under  | 
| 10 |  | the Firearm Owners Identification Card Act or applied for  | 
| 11 |  | or received a concealed carry license under the Firearm  | 
| 12 |  | Concealed Carry Act, unless otherwise authorized by the  | 
| 13 |  | Firearm Concealed Carry Act; and databases under the  | 
| 14 |  | Firearm Concealed Carry Act, records of the Concealed Carry  | 
| 15 |  | Licensing Review Board under the Firearm Concealed Carry  | 
| 16 |  | Act, and law enforcement agency objections under the  | 
| 17 |  | Firearm Concealed Carry Act.  | 
| 18 |  |   (w) Personally identifiable information which is  | 
| 19 |  | exempted from disclosure under subsection (g) of Section  | 
| 20 |  | 19.1 of the Toll Highway Act. | 
| 21 |  |   (x) Information which is exempted from disclosure  | 
| 22 |  | under Section 5-1014.3 of the Counties Code or Section  | 
| 23 |  | 8-11-21 of the Illinois Municipal Code.  | 
| 24 |  |   (y) Confidential information under the Adult  | 
| 25 |  | Protective Services Act and its predecessor enabling  | 
| 26 |  | statute, the Elder Abuse and Neglect Act, including  | 
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| 1 |  | information about the identity and administrative finding  | 
| 2 |  | against any caregiver of a verified and substantiated  | 
| 3 |  | decision of abuse, neglect, or financial exploitation of an  | 
| 4 |  | eligible adult maintained in the Registry established  | 
| 5 |  | under Section 7.5 of the Adult Protective Services Act.  | 
| 6 |  |   (z) Records and information provided to a fatality  | 
| 7 |  | review team or the Illinois Fatality Review Team Advisory  | 
| 8 |  | Council under Section 15 of the Adult Protective Services  | 
| 9 |  | Act.  | 
| 10 |  |   (aa) Information which is exempted from disclosure  | 
| 11 |  | under Section 2.37 of the Wildlife Code.  | 
| 12 |  |   (bb) Information which is or was prohibited from  | 
| 13 |  | disclosure by the Juvenile Court Act of 1987.  | 
| 14 |  |   (cc) Recordings made under the Law Enforcement  | 
| 15 |  | Officer-Worn Body Camera Act, except to the extent  | 
| 16 |  | authorized under that Act. | 
| 17 |  |   (dd) Information that is prohibited from being  | 
| 18 |  | disclosed under Section 45 of the Condominium and Common  | 
| 19 |  | Interest Community Ombudsperson Act.  | 
| 20 |  |   (ee) (dd) Information that is exempted from disclosure  | 
| 21 |  | under Section 30.1 of the Pharmacy Practice Act.  | 
| 22 |  |   (ff) Information and reports that are required to be  | 
| 23 |  | submitted to the Department of Labor by registering day and  | 
| 24 |  | temporary labor service agencies but are exempt from  | 
| 25 |  | disclosure under subsection (a-1) of Section 45 of the Day  | 
| 26 |  | and Temporary Labor Services Act.  | 
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| 1 |  | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,  | 
| 2 |  | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;  | 
| 3 |  | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;  | 
| 4 |  | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.  | 
| 5 |  | 8-19-16; revised 9-1-16.) | 
| 6 |  |  Section 5. The Day and Temporary Labor Services Act is  | 
| 7 |  | amended by changing Sections 10, 20, 30, and 45 and by adding  | 
| 8 |  | Section 33 as follows:
 | 
| 9 |  |  (820 ILCS 175/10)
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| 10 |  |  Sec. 10. Employment Notice. 
 | 
| 11 |  |  (a) Whenever a day and temporary labor service agency  | 
| 12 |  | agrees
to send one or more persons to work as day or temporary  | 
| 13 |  | laborers,
the day and temporary labor service
agency shall  | 
| 14 |  | provide to each day or temporary laborer, at the time of  | 
| 15 |  | dispatch, a
statement containing the following items on a form  | 
| 16 |  | approved by the Department: | 
| 17 |  |   (1) the name of the day or temporary laborer; | 
| 18 |  |   (2) the name and nature of the work to be
performed and  | 
| 19 |  | the types of equipment, protective clothing, and training  | 
| 20 |  | that are required for the task; | 
| 21 |  |   (3) the
wages
offered; | 
| 22 |  |   (4) the name and address of the destination of each day  | 
| 23 |  | or temporary laborer; | 
| 24 |  |   (5) terms of transportation;
and | 
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| 1 |  |   (6) whether a meal or equipment, or both, are provided,  | 
| 2 |  | either by the
day and temporary labor service
agency or the  | 
| 3 |  | third party client, and the cost of the meal and equipment,  | 
| 4 |  | if any.
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| 5 |  |  If a day or temporary laborer is assigned to the same  | 
| 6 |  | assignment for more than one day, the day and temporary labor  | 
| 7 |  | service agency is required to provide the employment notice  | 
| 8 |  | only on the first day of the assignment and on any day that any  | 
| 9 |  | of the terms listed on the employment notice are changed.
 | 
| 10 |  |  If the day or temporary laborer is not placed with a third  | 
| 11 |  | party client or otherwise contracted to work for that day, the  | 
| 12 |  | day and temporary labor service agency shall, upon request,  | 
| 13 |  | provide the day and temporary laborer with a confirmation that  | 
| 14 |  | the day or temporary laborer sought work, signed by an employee  | 
| 15 |  | of the day and temporary labor service agency, which shall  | 
| 16 |  | include the name of the agency, the name and address of the day  | 
| 17 |  | or temporary laborer, and the date and the time that the day or  | 
| 18 |  | temporary laborer receives the confirmation.
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| 19 |  |  (b) No day and temporary labor service agency may send any
 | 
| 20 |  | day or temporary laborer to any place
where a strike, a  | 
| 21 |  | lockout, or other labor trouble exists.
 | 
| 22 |  |  (c) The
Department shall recommend to day and temporary  | 
| 23 |  | labor service
agencies that those agencies
employ personnel who  | 
| 24 |  | can effectively
communicate information required in  | 
| 25 |  | subsections (a) and (b) to day or
temporary laborers in
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| 26 |  | Spanish, Polish, or any other language that is generally  | 
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| 1 |  | understood in the locale of
the day and temporary labor service  | 
| 2 |  | agency.
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| 3 |  | (Source: P.A. 99-78, eff. 7-20-15.)
 | 
| 4 |  |  (820 ILCS 175/20)
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| 5 |  |  Sec. 20. Transportation.  | 
| 6 |  |  (a) A day and temporary labor service
agency or a third
 | 
| 7 |  | party client or a contractor or agent of either shall charge no  | 
| 8 |  | fee to transport a
day or temporary
laborer to or from the  | 
| 9 |  | designated work site. | 
| 10 |  |  (b) A day and temporary labor service agency is responsible  | 
| 11 |  | for the conduct and performance of any person who transports a  | 
| 12 |  | day or temporary laborer from the agency to a work site, unless  | 
| 13 |  | the transporter is: (1) a public mass transportation system as  | 
| 14 |  | defined in Section 2 of the Local Mass Transit District Act;  | 
| 15 |  | (2) a common carrier; (3) the day or temporary laborer  | 
| 16 |  | providing his or her own transportation; or (4) selected  | 
| 17 |  | exclusively by and at the sole choice of the day or temporary  | 
| 18 |  | laborer for transportation in a vehicle not owned or operated  | 
| 19 |  | by the day and temporary labor service agency. If any day and  | 
| 20 |  | temporary labor service agency provides transportation to a day  | 
| 21 |  | or temporary laborer or refers a day or temporary laborer as  | 
| 22 |  | provided in subsection (c), the day and temporary labor service  | 
| 23 |  | agency may not allow a motor vehicle to be used for the  | 
| 24 |  | transporting of day or temporary laborers if the agency knows  | 
| 25 |  | or should know that the motor vehicle used for the  | 
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| 1 |  | transportation of day or temporary laborers is unsafe or not  | 
| 2 |  | equipped as required by this Act or by any rule adopted under  | 
| 3 |  | this Act, unless the vehicle is: (1) the property of a public  | 
| 4 |  | mass transportation system as defined in Section 2 of the Local  | 
| 5 |  | Mass Transit District Act; (2) the property of a common  | 
| 6 |  | carrier; (3) the day or temporary laborer's personal vehicle;  | 
| 7 |  | or (4) a vehicle of a day or temporary laborer used to carpool  | 
| 8 |  | other day or temporary laborers and which is selected  | 
| 9 |  | exclusively by and at the sole choice of the day or temporary  | 
| 10 |  | laborer for transportation. | 
| 11 |  |  (c) A day and temporary labor service agency may not refer  | 
| 12 |  | a day or temporary laborer to any person for transportation to  | 
| 13 |  | a work site unless that person is (1) a public mass  | 
| 14 |  | transportation system as defined in Section 2 of the Local Mass  | 
| 15 |  | Transit District Act or (2) providing the transportation at no  | 
| 16 |  | fee. Directing the day or temporary laborer to accept a  | 
| 17 |  | specific car pool as a condition of work shall be considered a  | 
| 18 |  | referral by the day and temporary labor service agency. Any  | 
| 19 |  | mention or discussion of the cost of a car pool shall be  | 
| 20 |  | considered a referral by the agency. Informing a day or  | 
| 21 |  | temporary laborer of the availability of a car pool driven by  | 
| 22 |  | another day or temporary laborer shall not be considered a  | 
| 23 |  | referral by the agency. | 
| 24 |  |  (d) Any
motor vehicle that is owned or operated by the day
 | 
| 25 |  | and temporary labor service agency or a
third party client, or  | 
| 26 |  | a contractor or agent of either, or to which a day and  | 
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| 1 |  | temporary labor service agency refers a day or temporary  | 
| 2 |  | laborer, which is used for the
transportation of day or  | 
| 3 |  | temporary laborers shall have proof of
financial  | 
| 4 |  | responsibility as
provided for in Chapter 8 of the Illinois  | 
| 5 |  | Vehicle Code or as required by Department rules. The driver of  | 
| 6 |  | the vehicle shall hold a valid license to operate motor  | 
| 7 |  | vehicles in the correct classification and shall be required to  | 
| 8 |  | produce the license immediately upon demand by the Department,  | 
| 9 |  | its inspectors or deputies, or any other person authorized to  | 
| 10 |  | enforce this Act. The Department shall forward a violation of  | 
| 11 |  | this subsection to the appropriate law enforcement authorities  | 
| 12 |  | or regulatory agencies, whichever is applicable.
 | 
| 13 |  |  (e) No motor vehicle that is owned or operated by the day  | 
| 14 |  | and temporary labor service agency or a third party client, or  | 
| 15 |  | a contractor or agent of either, or to which a day and  | 
| 16 |  | temporary labor service agency refers a day or temporary  | 
| 17 |  | laborer, which is used for the transportation of day or  | 
| 18 |  | temporary laborers may be operated if it does not have a seat  | 
| 19 |  | and a safety belt for each passenger. The Department shall  | 
| 20 |  | forward a violation of this subsection to the appropriate law  | 
| 21 |  | enforcement authorities or regulatory agencies, whichever is  | 
| 22 |  | applicable.
 | 
| 23 |  |  (f) If the day or temporary laborer is provided  | 
| 24 |  | transportation from the point of application to the worksite by  | 
| 25 |  | the hiring labor service agency operating pursuant to this Act,  | 
| 26 |  | the day or temporary laborer shall also be provided  | 
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| 1 |  | transportation back to the point of application, unless the day  | 
| 2 |  | or temporary laborer advises or agrees prior to leaving for the  | 
| 3 |  | place of employment to obtain alternative transportation after  | 
| 4 |  | the work shift is completed. | 
| 5 |  | (Source: P.A. 94-511, eff. 1-1-06.)
 | 
| 6 |  |  (820 ILCS 175/30)
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| 7 |  |  Sec. 30. Wage Payment and Notice. 
 | 
| 8 |  |  (a) At the time of
payment of wages, a day and temporary
 | 
| 9 |  | labor service agency
shall provide each day or temporary  | 
| 10 |  | laborer with a detailed
itemized
statement, on the day or  | 
| 11 |  | temporary laborer's paycheck stub or on a form approved by the  | 
| 12 |  | Department, listing the following: | 
| 13 |  |   (1) the name, address, and telephone number of each  | 
| 14 |  | third party client at which the day or temporary laborer  | 
| 15 |  | worked. If this information is provided on the day or  | 
| 16 |  | temporary laborer's paycheck stub, a code for each third  | 
| 17 |  | party client may be used so long as the required  | 
| 18 |  | information for each coded third party client is made  | 
| 19 |  | available to the day or temporary laborer; | 
| 20 |  |   (2) the number of hours worked by the day or temporary  | 
| 21 |  | laborer at each third party client each day during the pay  | 
| 22 |  | period. If the day or temporary laborer is assigned to work  | 
| 23 |  | at the same work site of the same third party client for  | 
| 24 |  | multiple days in the same work week, the day and temporary  | 
| 25 |  | labor service agency may record a summary of hours worked  | 
|     | 
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| 1 |  | at that third party client's worksite so long as the first  | 
| 2 |  | and last day of that work week are identified as well. The  | 
| 3 |  | term "hours worked" has the meaning ascribed to that term  | 
| 4 |  | in 56 Ill. Adm. Code 210.110 and in accordance with all  | 
| 5 |  | applicable rules or court interpretations under 56 Ill.  | 
| 6 |  | Adm. Code 210.110; | 
| 7 |  |   (3) the rate of payment for each hour worked, including  | 
| 8 |  | any premium rate or bonus; | 
| 9 |  |   (4) the total pay period earnings; | 
| 10 |  |   (5) all deductions made from the day or temporary  | 
| 11 |  | laborer's compensation made either by the third party  | 
| 12 |  | client or by the day and temporary labor service agency,  | 
| 13 |  | and the purpose for which deductions were made, including  | 
| 14 |  | for the day or temporary laborer's transportation, food,  | 
| 15 |  | equipment, withheld income tax, withheld social security  | 
| 16 |  | payments, and every other deduction; and | 
| 17 |  |   (6) any additional information required by rules  | 
| 18 |  | issued by the Department.
 | 
| 19 |  |  (a-1) For each day or temporary laborer who is contracted  | 
| 20 |  | to work a single day, the third party client shall, at the end  | 
| 21 |  | of the work day, provide such day or temporary laborer with a  | 
| 22 |  | Work Verification Form, approved by the Department, which shall  | 
| 23 |  | contain the date, the day or temporary laborer's name, the work  | 
| 24 |  | location, and the hours worked on that day. Any third party  | 
| 25 |  | client who violates this subsection (a-1) may be subject to a  | 
| 26 |  | civil penalty not to exceed $500 for each violation found by  | 
|     | 
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| 1 |  | the Department. Such civil penalty may increase to $2,500 for a  | 
| 2 |  | second or subsequent violation. For purposes of this subsection  | 
| 3 |  | (a-1), each violation of this subsection (a-1) for each day or  | 
| 4 |  | temporary laborer and for each day the violation continues  | 
| 5 |  | shall constitute a separate and distinct violation.
 | 
| 6 |  |  (b) A day and temporary labor service agency shall provide  | 
| 7 |  | each
worker an annual
earnings summary within a reasonable time  | 
| 8 |  | after the preceding calendar
year, but in no case later than  | 
| 9 |  | February 1. A day and temporary
labor service agency shall,
at  | 
| 10 |  | the time of each wage payment, give notice to day or temporary  | 
| 11 |  | laborers
of the
availability of the annual earnings summary or  | 
| 12 |  | post such a notice in a
conspicuous place in the public  | 
| 13 |  | reception area.
 | 
| 14 |  |  (c) At the request of a day or temporary
laborer, a day and  | 
| 15 |  | temporary labor service agency shall
hold the daily wages of  | 
| 16 |  | the day or temporary laborer and make
either weekly, bi-weekly,  | 
| 17 |  | or semi-monthly
payments. The wages shall be paid in a single  | 
| 18 |  | check, or, at the day or temporary laborer's sole option, by  | 
| 19 |  | direct deposit or other manner approved by the Department,  | 
| 20 |  | representing
the wages earned during the period, either weekly,  | 
| 21 |  | bi-weekly, or semi-monthly,
designated by the day or temporary  | 
| 22 |  | laborer in accordance with the
Illinois Wage Payment
and  | 
| 23 |  | Collection Act. Vouchers or any other method of payment which  | 
| 24 |  | is not generally negotiable shall be prohibited as a method of  | 
| 25 |  | payment of wages. Day and temporary labor service agencies that
 | 
| 26 |  | make daily wage
payments shall provide written notification to  | 
|     | 
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| 1 |  | all day or temporary
laborers of the right to
request weekly,  | 
| 2 |  | bi-weekly, or semi-monthly checks. The day and temporary
labor  | 
| 3 |  | service agency may
provide this notice by conspicuously posting  | 
| 4 |  | the notice at the location
where the wages are received by the  | 
| 5 |  | day or temporary laborers.
 | 
| 6 |  |  (d) No day and temporary labor service agency shall charge  | 
| 7 |  | any
day or temporary laborer for
cashing a check issued by the  | 
| 8 |  | agency for wages earned by a
day or temporary laborer who
 | 
| 9 |  | performed work through that agency. No day and temporary labor  | 
| 10 |  | service agency or third party client shall charge any day or  | 
| 11 |  | temporary laborer for the expense of conducting any consumer  | 
| 12 |  | report, as that term is defined in the Fair Credit Reporting  | 
| 13 |  | Act, 15 U.S.C. 1681a(d), any criminal background check of any  | 
| 14 |  | kind, or any drug test of any kind.
 | 
| 15 |  |  (e) Day or temporary laborers shall be paid no less than  | 
| 16 |  | the
wage rate stated in the
notice as provided in Section 10 of  | 
| 17 |  | this Act for all the work performed on
behalf of the third  | 
| 18 |  | party client in addition to the work listed in the
written  | 
| 19 |  | description.
 | 
| 20 |  |  (f) The total amount deducted for meals, equipment, and  | 
| 21 |  | transportation may not cause a day or temporary laborer's  | 
| 22 |  | hourly wage to fall below the State or federal minimum wage.  | 
| 23 |  | However, a day and temporary labor service agency may deduct  | 
| 24 |  | the actual market value of reusable equipment provided to the  | 
| 25 |  | day or temporary laborer by the day and temporary labor service  | 
| 26 |  | agency which the day or temporary laborer fails to return, if  | 
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| 1 |  | the day or temporary laborer provides a written authorization  | 
| 2 |  | for such deduction at the time the deduction is made. | 
| 3 |  |  (g) A day or temporary laborer who is contracted by a day  | 
| 4 |  | and temporary labor service agency to work at a third party  | 
| 5 |  | client's worksite but is not utilized by the third party client  | 
| 6 |  | shall be paid by the day and temporary labor service agency for  | 
| 7 |  | a minimum of 4 hours of pay at the agreed upon rate of pay.  | 
| 8 |  | However, in the event the day and temporary labor service  | 
| 9 |  | agency contracts the day or temporary laborer to work at  | 
| 10 |  | another location during the same shift, the day or temporary  | 
| 11 |  | laborer shall be paid by the day and temporary labor service  | 
| 12 |  | agency for a minimum of 2 hours of pay at the agreed upon rate  | 
| 13 |  | of pay.
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| 14 |  |  (h) A third party client is required to pay wages and  | 
| 15 |  | related payroll taxes to a licensed day and temporary labor  | 
| 16 |  | service agency for services performed by the day or temporary  | 
| 17 |  | laborer for the third party client according to payment terms  | 
| 18 |  | outlined on invoices, service agreements, or stated terms  | 
| 19 |  | provided by the day and temporary labor service agency. A third  | 
| 20 |  | party client who fails to comply with this subsection (h) is  | 
| 21 |  | subject to the penalties provided in Section 70 of this Act.  | 
| 22 |  | The Department shall review a complaint filed by a licensed day  | 
| 23 |  | and temporary labor agency. The Department shall review the  | 
| 24 |  | payroll and accounting records of the day and temporary labor  | 
| 25 |  | service agency and the third party client for the period in  | 
| 26 |  | which the violation of this Act is alleged to have occurred to  | 
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| 1 |  | determine if wages and payroll taxes have been paid to the  | 
| 2 |  | agency and that the day or temporary laborer has been paid the  | 
| 3 |  | wages owed him or her.  | 
| 4 |  | (Source: P.A. 95-499, eff. 8-28-07; 96-1185, eff. 7-22-10.)
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| 5 |  |  (820 ILCS 175/33 new) | 
| 6 |  |  Sec. 33. Permanent placement. A day and temporary labor  | 
| 7 |  | service shall attempt to place a current temporary laborer into  | 
| 8 |  | a permanent position with a client when the client informs the  | 
| 9 |  | agency of its plan to hire a permanent employee for a position  | 
| 10 |  | like the positions for which employees are being provided by  | 
| 11 |  | the agency at the same work location.
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| 12 |  |  (820 ILCS 175/45)
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| 13 |  |  Sec. 45. Registration; Department of Labor.  | 
| 14 |  |  (a) A day and temporary
labor service
agency which is  | 
| 15 |  | located, operates or transacts business within this State shall  | 
| 16 |  | register with the Department of Labor in accordance with rules
 | 
| 17 |  | adopted by the Department for day and temporary labor service
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| 18 |  | agencies and shall be subject to this Act and any rules adopted  | 
| 19 |  | under this Act. Each day and temporary labor service agency  | 
| 20 |  | shall provide proof of an employer account number issued by the  | 
| 21 |  | Department of Employment Security for the payment of  | 
| 22 |  | unemployment insurance contributions as required under the  | 
| 23 |  | Unemployment Insurance Act, and proof of valid workers'  | 
| 24 |  | compensation insurance in effect at the time of registration  | 
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| 1 |  | covering all of its employees. If, at any time, a day and  | 
| 2 |  | temporary labor service agency's workers' compensation  | 
| 3 |  | insurance coverage lapses, the agency shall have an affirmative  | 
| 4 |  | duty to report the lapse of such coverage to the Department and  | 
| 5 |  | the agency's registration shall be suspended until the agency's  | 
| 6 |  | workers' compensation insurance is reinstated. The Department  | 
| 7 |  | may assess each day and temporary labor service agency a  | 
| 8 |  | non-refundable
registration fee
not exceeding $1,000 per year  | 
| 9 |  | per agency and a non-refundable fee not to exceed $250 for each  | 
| 10 |  | branch office or other location where the agency regularly  | 
| 11 |  | contracts with day or temporary laborers for services. The fee  | 
| 12 |  | may be paid by check or money order
and the Department may not  | 
| 13 |  | refuse to accept a check on the basis that it is
not a  | 
| 14 |  | certified check or a cashier's check. The Department may charge  | 
| 15 |  | an
additional fee to be paid by a day and temporary labor  | 
| 16 |  | service agency if the agency, or any person on the
agency's  | 
| 17 |  | behalf, issues or delivers a check to the Department that is  | 
| 18 |  | not
honored by the financial institution upon which it is  | 
| 19 |  | drawn. The Department
shall also adopt rules
for violation
 | 
| 20 |  | hearings and penalties for violations of this Act or the  | 
| 21 |  | Department's rules
in conjunction with the penalties set forth  | 
| 22 |  | in this Act. | 
| 23 |  |  (a-1) At the time of registration with the Department of  | 
| 24 |  | Labor each year, the day and temporary labor service agency  | 
| 25 |  | shall submit to the Department of Labor a report containing the  | 
| 26 |  | information identified in paragraph (9) of subsection (a) of  | 
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| 1 |  | Section 12, broken down by branch office, in the aggregate for  | 
| 2 |  | all day or temporary laborers assigned within Illinois and  | 
| 3 |  | subject to this Act during the preceding year. This information  | 
| 4 |  | shall be submitted on a form created by the Department of  | 
| 5 |  | Labor. The Department of Labor shall aggregate the information  | 
| 6 |  | submitted by all registering day and temporary labor service  | 
| 7 |  | agencies by removing identifying data and shall have the  | 
| 8 |  | information available to the public only on a municipal and  | 
| 9 |  | county basis. As used in this paragraph, "identifying data"  | 
| 10 |  | means any and all information that: (i) provides specific  | 
| 11 |  | information on individual worker identity; (ii) identifies the  | 
| 12 |  | service agency in any manner; and (iii) identifies clients  | 
| 13 |  | utilizing the day and temporary labor service agency or any  | 
| 14 |  | other information that can be traced back to any specific  | 
| 15 |  | registering day and temporary labor service agency or its  | 
| 16 |  | client. The information and reports submitted to the Department  | 
| 17 |  | of Labor under this subsection by the registering day and  | 
| 18 |  | temporary labor service agencies are exempt from inspection and  | 
| 19 |  | copying under Section 7.5 of the Freedom of Information Act.  | 
| 20 |  |  (b) It is a violation of this Act to operate a day and  | 
| 21 |  | temporary labor service agency without first registering with  | 
| 22 |  | the Department in accordance with subsection (a) of this  | 
| 23 |  | Section. The Department shall create and maintain at regular  | 
| 24 |  | intervals on its website, accessible to the public: (1) a list  | 
| 25 |  | of all registered day and temporary labor service agencies in  | 
| 26 |  | the State whose registration is in good standing; (2) a list of  | 
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| 1 |  | day and temporary labor service agencies in the State whose  | 
| 2 |  | registration has been suspended, including the reason for the  | 
| 3 |  | suspension, the date the suspension was initiated, and the  | 
| 4 |  | date, if known, the suspension is to be lifted; and (3) a list  | 
| 5 |  | of day and temporary labor service agencies in the State whose  | 
| 6 |  | registration has been revoked, including the reason for the  | 
| 7 |  | revocation and the date the registration was revoked. The  | 
| 8 |  | Department has the authority to assess a penalty against any  | 
| 9 |  | day and temporary labor service agency that fails to register  | 
| 10 |  | with the Department of Labor in accordance with this Act or any  | 
| 11 |  | rules adopted under this Act of $500 for each violation. Each  | 
| 12 |  | day during which a day and temporary labor service agency  | 
| 13 |  | operates without registering with the Department shall be a  | 
| 14 |  | separate and distinct violation of this Act. | 
| 15 |  |  (c) An applicant is not eligible to register to operate a  | 
| 16 |  | day and temporary labor service agency under this Act if the  | 
| 17 |  | applicant or any of its officers, directors, partners, or  | 
| 18 |  | managers or any owner of 25% or greater beneficial interest: | 
| 19 |  |   (1) has been involved, as owner, officer, director,  | 
| 20 |  | partner, or manager, of any day and temporary labor service  | 
| 21 |  | agency whose registration has been revoked or has been  | 
| 22 |  | suspended without being reinstated within the 5 years  | 
| 23 |  | immediately preceding the filing of the application; or | 
| 24 |  |   (2) is under the age of 18. | 
| 25 |  |  (d) Every agency shall post and keep posted at each  | 
| 26 |  | location, in a position easily accessible to all employees,  | 
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| 1 |  | notices as supplied and required by the Department containing a  | 
| 2 |  | copy or summary of the provisions of the Act and
a notice which  | 
| 3 |  | informs
the public of a toll-free telephone number for day or  | 
| 4 |  | temporary laborers
and the public to
file wage dispute  | 
| 5 |  | complaints and other alleged violations by
day and temporary  | 
| 6 |  | labor service
agencies. Such notices shall be in English or any  | 
| 7 |  | other language generally understood in the locale of the day  | 
| 8 |  | and temporary labor service agency.
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| 9 |  | (Source: P.A. 94-511, eff. 1-1-06.)".
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