97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3232

 

Introduced 2/1/2012, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/11a  from Ch. 48, par. 39s-11a

    Amends the Prevailing Wage Act. Deletes language providing that a contractor or subcontractor convicted or found guilty under specified provisions of the Act is subject to an automatic and immediate debarment and prohibited from participating in any public works project for 4 years with no right to a hearing. Effective immediately.


LRB097 16830 WGH 62012 b

 

 

A BILL FOR

 

SB3232LRB097 16830 WGH 62012 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 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
17hearing by the Department on the alleged violations. Failure to
18respond within the 10 working day period shall result in
19automatic and immediate placement and publication on the list.
20If the contractor or subcontractor requests a hearing within
21the 10 working day period, the Director shall set a hearing on
22the alleged violations. Such hearing shall take place no later
23than 45 calendar days after the receipt by the Department of

 

 

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1Labor of the request for a hearing. The Department of Labor is
2empowered to promulgate, adopt, amend and rescind rules and
3regulations to govern the hearing procedure. No contract shall
4be awarded to a contractor or subcontractor appearing on the
5list, or to any firm, corporation, partnership or association
6in which such contractor or subcontractor has an interest until
74 years have elapsed from the date of publication of the list
8containing the name of such contractor or subcontractor.
9    A contractor or subcontractor convicted or found guilty
10under Section 5 or 6 of this Act shall be subject to an
11automatic and immediate debarment, thereafter prohibited from
12participating in any public works project for 4 years, with no
13right to a hearing.
14(Source: P.A. 97-571, eff. 1-1-12.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.