95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1065


 
Introduced 2/8/2007, by Rep. Maria Antonia Berrios
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 130/11a
  from Ch. 48, par. 39s-11a







    Amends the Prevailing Wage Act.  Provides that if the violation of the Act involves a worker who is not a legal resident alien or a United States citizen, then a single violation within 5 years shall place the contractor on the Department of Labor's list  of
contractors or subcontractors found to have disregarded their obligations
to employees under the Act.  Effective immediately.
















LRB095 04747 RLC 24806 b

















 


 


A BILL FOR









 











HB1065

LRB095 04747 RLC 24806 b






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    AN ACT concerning employment.

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


 
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    Section 5. The Prevailing Wage Act is amended  by changing 
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Section 11a as follows:
 



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    (820 ILCS 130/11a)  (from Ch. 48, par. 39s-11a)



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    Sec. 11a. The Director of the Department of Labor shall 
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publish in the
Illinois Register no less often than once each 
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calendar quarter a list of
contractors or subcontractors found 
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to have disregarded their obligations
to employees under this 
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Act.  The Department of Labor shall determine the
contractors or 
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subcontractors who, on 2 separate occasions within 5 years, 
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have been
determined to have violated the provisions of this 
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Act.  If the violation of this Act involves a worker who is not 
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a legal resident alien or a United States citizen, then a 
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single violation within 5 years shall place the contractor on 
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the list. Upon such
determination the Department shall notify 
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the violating
contractor or subcontractor.  Such contractor or 
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subcontractor shall then
have 10 working days to request a 
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hearing by the Department on the alleged
violations.  Failure to 
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respond within the 10 working day period shall
result in 
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automatic and immediate placement and publication on the list.

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If the contractor or subcontractor requests a hearing within 
 


 






HB1065
- 2 -
LRB095 04747 RLC 24806 b




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the 10 working
day period, the Director shall set a hearing on 
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the alleged violations.
Such hearing shall take place no later 
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than 45 calendar days after the
receipt by the Department of 
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Labor of the request for a hearing.
The Department of Labor is 
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empowered to promulgate, adopt, amend and rescind
rules and 
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regulations to govern the hearing procedure.  No contract shall

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be awarded to a contractor or subcontractor appearing on the 
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list, or to
any firm, corporation, partnership or association 
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in which such contractor
or subcontractor has an interest until 
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4 years have elapsed from the date
of publication of the list 
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containing the name of such contractor or
subcontractor.

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(Source: P.A. 93-38, eff. 6-1-04; 94-488, eff. 1-1-06.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.