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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Lodging Services Human Trafficking
5 Recognition Training Act is amended by changing Sections 1, 5,
6 10, and, 15 and by adding Section 20 as follows:
7 (820 ILCS 95/1)
8 Sec. 1. Short title. This Act may be cited as the Lodging
9 Services Human Trafficking Recognition Training Act.
10 (Source: P.A. 101-18, eff. 6-20-19; 101-499, eff. 8-23-19.)
11 (820 ILCS 95/5)
12 Sec. 5. Definitions. In this Act:
13 "Department" means the Department of Human Services.
14 "Employee" means a person employed by a lodging
15 establishment, restaurant, or truck stop who has recurring
16 interactions with the public, including, but not limited to,
17 an employee who works in a reception area, performs
18 housekeeping duties, helps customers in moving their
19 possessions, or transports by vehicle customers of the lodging
20 establishment, restaurant, or truck stop.
21 "Employer" means a person or entity that operates a
22 lodging establishment, restaurant, or truck stop.
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1 "Human trafficking" means the deprivation or violation of
2 the personal liberty of another with the intent to obtain
3 forced labor or services, procure or sell the individual for
4 commercial sex, or exploit the individual in obscene matter.
5 Depriving or violating a person's liberty includes substantial
6 and sustained restriction of another's liberty accomplished
7 through fraud, deceit, coercion, violence, duress, menace, or
8 threat of unlawful injury to the victim or to another person,
9 under circumstances where the person receiving or apprehending
10 the threat reasonably believes that it is likely that the
11 person making the threat would carry it out.
12 "Lodging establishment" means an establishment classified
13 as a hotel or motel in the 2017 North American Industry
14 Classification System under code 721110, and an establishment
15 classified as a casino hotel in the 2017 North American
16 Industry Classification System under code 721120.
17 "Restaurant" means any business that is primarily engaged
18 in the sale of ready-to-eat food for immediate consumption
19 comprising at least 51% of the total sales, excluding the sale
20 of liquor.
21 "Truck stop" means an establishment intended to provide
22 services to the trucking industry, including, but not limited
23 to, selling fuel and food, providing showers, offering repair
24 services, and offering ample room where drivers of long-haul
25 trucks can park and rest.
26 (Source: P.A. 101-18, eff. 6-20-19; 101-499, eff. 8-23-19;
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1 102-324, eff. 1-1-22.)
2 (820 ILCS 95/10)
3 Sec. 10. Human trafficking recognition training. An
4 employer Beginning June 1, 2020, a lodging establishment,
5 restaurant, or truck stop shall provide its employees with
6 training in the recognition of human trafficking and protocols
7 for reporting observed human trafficking to the appropriate
8 authority. The employees shall must complete the training
9 within 6 months after beginning employment in such role with
10 the employer lodging establishment and every 2 years
11 thereafter, if still employed by the employer lodging
12 establishment. The training shall be at least 20 minutes in
13 duration.
14 (Source: P.A. 101-18, eff. 6-20-19; 101-499, eff. 8-23-19;
15 102-324, eff. 1-1-22.)
16 (820 ILCS 95/15)
17 Sec. 15. Human trafficking recognition training
18 curriculum.
19 (a) An employer A lodging establishment may use its own
20 human trafficking training program or that of a third party
21 and be in full compliance with this Act if the human
22 trafficking training program includes, at a minimum, all of
23 the following:
24 (1) a definition of human trafficking and commercial
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1 exploitation of children;
2 (2) guidance on how to identify individuals who are
3 most at risk for human trafficking;
4 (3) the difference between human trafficking for
5 purposes of labor and for purposes of sex as the
6 trafficking relates to the employer's business lodging
7 establishments; and
8 (4) guidance on the role of lodging establishment
9 employees in reporting and responding to instances of
10 human trafficking.
11 (b) The Department shall develop a curriculum for an
12 approved human trafficking training recognition program which
13 shall be used by an employer a lodging establishment that does
14 not administer its own human trafficking recognition program
15 as described in subsection (a). The human trafficking training
16 recognition program developed by the Department shall include,
17 at a minimum, all of the following:
18 (1) a definition of human trafficking and commercial
19 exploitation of children;
20 (2) guidance on how to identify individuals who are
21 most at risk for human trafficking;
22 (3) the difference between human trafficking for
23 purposes of labor and for purposes of sex as the
24 trafficking relates to lodging establishments; and
25 (4) guidance on the role of lodging establishment
26 employees in reporting and responding to instances of
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1 human trafficking.
2 The Department may consult the United States Department of
3 Justice for the human trafficking recognition training program
4 developed under this subsection. The Department may use a
5 curriculum developed under other laws of the General Assembly
6 if the curriculum satisfies the requirements of this Section.
7 The Department shall develop and publish the human
8 trafficking recognition training program described in this
9 subsection no later than October 1, 2026 July 1, 2020.
10 (Source: P.A. 101-18, eff. 6-20-19; 101-499, eff. 8-23-19.)
11 (820 ILCS 95/20 new)
12 Sec. 20. Penalties.
13 (a) Beginning October 1, 2026, the Department, a unit of
14 local government regulating an employer, or a law enforcement
15 agency with jurisdiction over an employer may, in the course
16 of its regulatory or enforcement duties, monitor and enforce
17 compliance with this Act. Upon the discovery of a violation of
18 this Act, the Department, unit of local government, or law
19 enforcement agency shall provide the employer with a
20 reasonable notice of noncompliance that informs the employer
21 that if the employer does not cure the violation within 30 days
22 after notice the employer is subject to the penalty described
23 in subsection (b). The notice shall include information
24 concerning where an employer can obtain the training
25 curriculum developed by the Department under subsection (b) of
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1 Section 15.
2 (b) If the Department, a unit of local government
3 regulating an employer, or a law enforcement agency with
4 jurisdiction over an employer verifies that the violation was
5 not corrected within the cure period described in subsection
6 (a), the Attorney General or State's Attorney may bring a
7 civil action against that employer. An employer that violates
8 this Act is guilty of a business offense and may be fined not
9 more than $1,500 for each offense.
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