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Public Act 094-0264
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| HB2460 Enrolled |
LRB094 10299 JAM 40569 b |
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AN ACT concerning child labor.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the State |
Prohibition of
Goods from Child Labor Act.
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Section 5. Policy. The General Assembly hereby finds and |
declares as
follows:
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(a) The people of Illinois do not support the import of any |
goods made by
child labor, not only because it is a cruel
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suppression of the human rights of children, but also
because |
it creates an unfair trade advantage for the child labor |
country.
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(b) Current trade regulations do not require importers to |
provide certificates of origin
at the time of importation to |
affirm and guarantee no child labor content.
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(c) Federal law also does not require
the
United States |
Customs Service to have an active, self-initiated foreign
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surveillance program of detecting child labor-made
goods and |
preventing their entry into the United States.
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(d) The State of Illinois wholeheartedly condemns the |
importation of goods made in whole or in part by child labor |
and shall
not knowingly acquire any of those goods.
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Section 10. Contract certification.
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(a) Every contract entered into by any State agency for the
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procurement of equipment, materials, or supplies, other than |
procurement
related to a public works contract, must specify |
that no foreign-made
equipment, materials, or supplies |
furnished to the State under the
contract may be produced in |
whole or in part by the labor of any child under the age of 12. |
The contractor must agree to comply
with this provision of the |
contract.
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(b) Any contractor contracting with the State who knew
that |
the foreign-made equipment, materials, or supplies furnished |
to the State
were produced in whole or part by the labor of any |
child under the age of 12 when entering into a contract
under |
subsection (a), may, subject to subsection (c), have any or all |
of the
following sanctions imposed:
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(1) The contract under which the prohibited equipment, |
materials, or
supplies were provided may be voided at the |
option of the State agency to which
the equipment, |
materials, or supplies were provided.
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(2) The contractor may be assessed a penalty which must |
be the greater
of $1,000 or an amount equaling 20% of the |
value of the equipment, materials,
or
supplies that the |
State agency demonstrates were produced in whole or in part
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by child labor and
that were supplied to the State agency |
under the contract.
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(3) The contractor may be suspended from bidding on a |
State contract for a
period not
to exceed 360 days.
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Any moneys collected under this subsection shall be |
deposited
into the General Revenue Fund.
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(c) When imposing the sanctions described in subsection |
(b), the
contracting agency must notify the contractor of the |
right to a hearing if
requested within 15 days after the date |
of the notice. The hearing must be
before an administrative law |
judge according to the Illinois Administrative
Procedure
Act. |
The administrative law judge must consider any
measures the |
contractor has taken to ensure compliance with this Section and
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may waive any or all of the sanctions if it is determined that |
the contractor
has acted in good faith.
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The agency must be assessed the cost of the administrative |
hearing,
unless the agency has prevailed in the hearing, in |
which case the contractor
shall be assessed the cost of the |
hearing.
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(d) Any State agency that investigates a complaint against |
a contractor for
violation of this Section must limit its |
investigation to evaluating the
information provided by the |