Sen. David Koehler
Filed: 2/29/2012
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 3232 




2    AMENDMENT NO. ______. Amend Senate Bill 3232 by replacing 
3everything after the enacting clause with the following:

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



6    (820 ILCS 130/11a)  (from Ch. 48, par. 39s-11a)



7    Sec. 11a. The Director of the the Department of Labor shall 
8publish in the
Illinois Register no less often than once each 
9calendar quarter a list of
contractors or subcontractors found 
10to have disregarded their obligations
to employees under this 
11Act.  The Department of Labor shall determine the
contractors or 
12subcontractors who, on 2 separate occasions within 5 years, 
13have been
determined to have violated the provisions of this 
14Act.  Upon such
determination the Department shall notify the 
15violating
contractor or subcontractor.  Such contractor or 
16subcontractor shall then
have 10 working days to request a 
 
 
09700SB3232sam001- 2 -LRB097 16830 JLS 66744 a

1hearing by the Department on the alleged
violations.  Failure to 
2respond within the 10 working day period shall
result in 
3automatic and immediate placement and publication on the list.

4If the contractor or subcontractor requests a hearing within 
5the 10 working
day period, the Director shall set a hearing on 
6the alleged violations.
Such hearing shall take place no later 
7than 45 calendar days after the
receipt by the Department of 
8Labor of the request for a hearing.
The Department of Labor is 
9empowered to promulgate, adopt, amend and rescind
rules and 
10regulations to govern the hearing procedure.  No contract shall

11be awarded to a contractor or subcontractor appearing on the 
12list, or to
any firm, corporation, partnership or association 
13in which such contractor
or subcontractor has an interest until 
144 years have elapsed from the date
of publication of the list 
15containing the name of such contractor or
subcontractor.
16    A contractor or subcontractor convicted or found guilty 
17under Section 5 or 6 of this Act shall be subject to an 
18automatic and immediate debarment, thereafter prohibited from 
19participating in any public works project for 4 years, with no 
20right to a hearing. 

21(Source: P.A. 97-571, eff. 1-1-12.)".