Full Text of SB1389 97th General Assembly
SB1389 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1389 Introduced 2/9/2011, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED: |
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820 ILCS 130/6 | from Ch. 48, par. 39s-6 |
820 ILCS 130/10b new | |
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Amends the Prevailing Wage Act. Provides a process for investigation into violations of the Prevailing Wage Act. Provides that the process starts with a complaint to be filed within 30 days of the alleged violation. Provides a $5,000 fine for knowingly filing a false complaint, or record or statement material to a false or fraudulent complaint. Provides a procedure for a response from a contractor or subcontractor. Provides a procedure for the Director of Labor in issuing a decision. Allows a party to request a hearing within 15 days of receiving notice of the Director's decision. Provides that a final order issued by the Director of Labor in relation to this investigation process is subject to judicial review under the Administrative Review Law. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Prevailing Wage Act is amended by changing | 5 | | Section 6 and by adding Section 10b as follows:
| 6 | | (820 ILCS 130/6) (from Ch. 48, par. 39s-6)
| 7 | | Sec. 6. Any officer, agent or representative of any public | 8 | | body who
wilfully violates, or omits to comply with, any of the | 9 | | provisions of
this Act, and any contractor or subcontractor, or | 10 | | agent or
representative thereof, doing public work as | 11 | | aforesaid, who neglects to
keep, or cause to be kept, an | 12 | | accurate record of the names, occupation
and actual wages paid | 13 | | to each laborer, worker and mechanic employed by
him, in | 14 | | connection with the public work or who refuses to allow access
| 15 | | to same at any reasonable hour to any person authorized to | 16 | | inspect same
under this Act, is guilty of a Class A | 17 | | misdemeanor.
| 18 | | The Department of Labor shall inquire diligently as to any | 19 | | violation
as provided in Section 10b of this Act of this Act , | 20 | | shall institute actions for penalties herein prescribed,
and | 21 | | shall enforce generally the provisions of this Act. The | 22 | | Attorney
General shall prosecute such cases upon complaint by | 23 | | the Department or
any interested person.
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| 1 | | (Source: P.A. 94-488, eff. 1-1-06.)
| 2 | | (820 ILCS 130/10b new) | 3 | | Sec. 10b. Investigation and hearings. | 4 | | (a) Complaints. | 5 | | (1) Within 30 days after the date that an alleged | 6 | | violation of this Act has occurred, a complaint in writing | 7 | | under oath or affirmation may be filed with the Department | 8 | | of Labor by an aggrieved party for the purposes of | 9 | | investigating the alleged violation. | 10 | | (2) The complaint shall include, in sufficient detail, | 11 | | all relevant information concerning the time, place, and | 12 | | facts surrounding the alleged violation. The name of any | 13 | | party filing the complaint shall be disclosed to the | 14 | | contractor or subcontractor alleged to have violated the | 15 | | Act. | 16 | | (3) Any person who: | 17 | | (A) knowingly presents, or causes to be presented, | 18 | | a false complaint; or | 19 | | (B) knowingly makes, uses, or causes to be made or | 20 | | used, a false record or statement material to a false | 21 | | or fraudulent complaint, | 22 | | is liable to the Department of Labor for $5,000 for | 23 | | each false complaint filed. Any person found to knowingly | 24 | | file a false complaint shall also be liable to the | 25 | | contractor or subcontractor who was falsely accused for any |
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| 1 | | incurred legal fees, administrative fees, and penalties | 2 | | assessed by the Department of Labor pursuant to the | 3 | | complaint. | 4 | | (b) Notice and response to complaint. The Department of | 5 | | Labor shall, within 10 days of the date the complaint was | 6 | | filed, serve a copy of the complaint on the contractor or | 7 | | subcontractor. The contractor or subcontractor alleged to have | 8 | | violated this Act may file a position statement and other | 9 | | materials with the Department of Labor regarding the complaint | 10 | | within 30 days of receipt of the notice of the complaint. The | 11 | | position statement and other materials filed shall remain | 12 | | confidential unless otherwise agreed to by the contractor or | 13 | | subcontractor providing the information and shall not be served | 14 | | on or made available to the other party during the | 15 | | investigation of the complaint by the Department of Labor. | 16 | | The Department of Labor may require the contractor or | 17 | | subcontractor to file a verified response to the allegations | 18 | | contained in the complaint within 30 days of receipt of the | 19 | | notice of the complaint. The Department of Labor may issue a | 20 | | notice of default directed to any contractor or subcontractor | 21 | | who fails to file a verified response to a complaint within 30 | 22 | | days of receipt of the notice of the complaint, unless the | 23 | | contractor or subcontractor can demonstrate good cause as to | 24 | | why such notice should not be issued. All allegations contained | 25 | | in the charge not timely denied by the contractor or | 26 | | subcontractor in a verified response shall be deemed admitted, |
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| 1 | | unless the contractor or subcontractor states that it is | 2 | | without sufficient information to form a belief with respect to | 3 | | such allegation. A contractor or subcontractor shall have the | 4 | | right to supplement their position statement or verified | 5 | | response at any time that the investigation of the complaint is | 6 | | pending. | 7 | | (c) Report. | 8 | | (1) Each complaint shall be the subject of a report to | 9 | | the Director of Labor. The report shall be a confidential | 10 | | document subject to review by the Director of Labor, | 11 | | authorized Department of Labor employees, and the parties. | 12 | | (2) Upon review of the report, the Director of Labor | 13 | | shall determine whether there is substantial evidence that | 14 | | the alleged violation of the Act has been committed. | 15 | | (3) If the Director of Labor determines that there is | 16 | | no violation of this Act, he or she shall issue a decision | 17 | | denying the alleged violation. The Director of Labor shall | 18 | | provide notice of the decision to both parties and state | 19 | | that the decision shall become the final order of the | 20 | | Director of Labor on the matter unless, within 15 days of | 21 | | its receipt, the Complainant files a request for a hearing | 22 | | with the Director of Labor. | 23 | | (4) If the Director of Labor determines that there is a | 24 | | violation of this Act, he or she shall issue a decision | 25 | | incorporating his or her findings and requiring the | 26 | | contractor or subcontractor to take such affirmative |
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| 1 | | action to remedy the conduct as the Director of Labor deems | 2 | | appropriate. The Director of Labor shall provide notice of | 3 | | the decision to both parties and state that the decision | 4 | | shall become the final order of the Director of Labor on | 5 | | the matter unless, within 15 days of its receipt, the | 6 | | contractor or subcontractor files a request for a hearing | 7 | | with the Director of Labor. | 8 | | (5) The Director of Labor may, in his or her | 9 | | discretion, find no violation of this Act if: | 10 | | (A) the parties and the Director of Labor agree | 11 | | that such finding is appropriate to the investigation; | 12 | | and | 13 | | (B) if the finding is made to promote the effective | 14 | | resolution of the complaint. | 15 | | (d) Hearings. Upon the receipt of a properly filed request | 16 | | for a hearing, the Director of Labor shall convene an | 17 | | administrative hearing pursuant to the provisions of the | 18 | | Illinois Administrative Procedure Act. | 19 | | (e) Judicial Review. A final order issued by the Director | 20 | | under this Section is subject to judicial review under the | 21 | | Administrative Review Law. | 22 | | (f) Applicability. This Section applies to complaints | 23 | | filed on or after the effective date of this amendatory Act of | 24 | | the 97th General Assembly.
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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