Full Text of SB1720 100th General Assembly
SB1720enr 100TH GENERAL ASSEMBLY |
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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 Illinois Procurement Code is amended by | 5 | | changing Section 50-60 and by adding Section 50-14.6 as | 6 | | follows: | 7 | | (30 ILCS 500/50-14.6 new) | 8 | | Sec. 50-14.6. Wage payment violations. | 9 | | (a) No person or business that has admitted guilt or | 10 | | liability or has been adjudicated guilty or liable in a | 11 | | judicial or administrative proceeding of committing a repeated | 12 | | or willful violation of the Illinois Wage Payment and | 13 | | Collection Act, the Minimum Wage Law, the Illinois Worker | 14 | | Adjustment and Retraining Notification Act, the Employee | 15 | | Classification Act, the Day and Temporary Labor Services Act, | 16 | | the Fair Labor Standards Act of 1938, any other State law | 17 | | relating to wages and payments of wages, or any comparable | 18 | | statute, law, or regulation of any state which governs wages or | 19 | | the payment of wages shall do business with the State of | 20 | | Illinois or any State agency or enter into a subcontract that | 21 | | is subject to this Code for a period of 5 years from the date of | 22 | | entry of an adverse civil judgment, conviction, entry of a | 23 | | plea, administrative finding, or admission of guilt. |
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| 1 | | (b) Every bid or offer submitted to the State, every | 2 | | contract executed by the State, every submission to a vendor | 3 | | portal, and every subcontract subject to Section 20-120 of this | 4 | | Code shall contain a certification by the bidder, offeror, | 5 | | potential contractor, contractor, or subcontractor, | 6 | | respectively, that the bidder, offeror, potential contractor, | 7 | | contractor, or subcontractor is not barred from being awarded a | 8 | | contract or subcontract under this Section and acknowledges | 9 | | that the chief procurement officer at a contracting State | 10 | | agency may declare the related contract void if any of the | 11 | | certifications completed pursuant to this subsection are | 12 | | false. If the false certification is made by a subcontractor, | 13 | | then the contractor's submitted bid or offer and the executed | 14 | | contract may not be declared void, unless the contractor | 15 | | refuses to terminate the subcontract upon the State's request | 16 | | after a finding that the subcontract's certification was false.
| 17 | | (30 ILCS 500/50-60)
| 18 | | Sec. 50-60. Voidable contracts.
| 19 | | (a) If any contract or amendment thereto is entered into or | 20 | | purchase
or expenditure of funds is made at any time in | 21 | | violation of this Code or any other law,
the contract or | 22 | | amendment thereto may be declared void by the chief procurement | 23 | | officer or may be
ratified and affirmed,
provided the chief | 24 | | procurement officer determines that ratification is in the
best | 25 | | interests of the
State. If the contract is ratified and |
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| 1 | | affirmed, it shall be without prejudice
to the State's rights | 2 | | to any appropriate damages.
| 3 | | (b) If, during the term of a contract, the chief | 4 | | procurement officer determines
that the contractor is | 5 | | delinquent in the payment of debt as set forth in
Section 50-11 | 6 | | of this Code, the chief procurement officer may declare the | 7 | | contract void if
it determines that voiding the contract is in | 8 | | the best interests of the State.
The Debt Collection Bureau | 9 | | shall adopt rules for the implementation of this
subsection | 10 | | (b).
| 11 | | (c) If, during the term of a contract, the chief | 12 | | procurement officer determines
that the contractor is in | 13 | | violation of Section 50-10.5 of this Code, the
chief | 14 | | procurement officer shall declare the contract void.
| 15 | | (d) If, during the term of a contract, the contracting | 16 | | agency learns from an annual certification or otherwise | 17 | | determines that the contractor no longer qualifies to enter | 18 | | into State contracts by reason of Section 50-5, 50-10, 50-12, | 19 | | 50-14, or 50-14.5 , or 50-14.6 of this Article, the chief | 20 | | procurement officer may declare the contract void if it | 21 | | determines that voiding the contract is in the best interests | 22 | | of the State. | 23 | | (e) If, during the term of a contract, the chief | 24 | | procurement officer learns from an annual certification or | 25 | | otherwise determines that a subcontractor subject to Section | 26 | | 20-120 no longer qualifies to enter into State contracts by |
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| 1 | | reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or | 2 | | 50-14.5 , or 50-14.6 of this Article, the chief procurement | 3 | | officer may declare the related contract void if it determines | 4 | | that voiding the contract is in the best interests of the | 5 | | State. However, the related contract shall not be declared void | 6 | | unless the contractor refuses to terminate the subcontract upon | 7 | | the State's request after a finding that the subcontractor no | 8 | | longer qualifies to enter into State contracts by reason of one | 9 | | of the Sections listed in this subsection. | 10 | | (f) The changes to this Section made by Public Act 96-795 | 11 | | apply to actions taken by the chief procurement officer on or | 12 | | after July 1, 2010. | 13 | | (g) The changes to this Section made by this amendatory Act | 14 | | of the 100th General Assembly apply to actions taken by the | 15 | | chief procurement officer on or after its effective date. | 16 | | (Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see | 17 | | Section 5 of P.A. 96-793 for the effective date of changes made | 18 | | by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.) | 19 | | Section 10. The Illinois Wage Payment and Collection Act is | 20 | | amended by changing Section 14 as follows:
| 21 | | (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
| 22 | | Sec. 14. (a) Any employee not timely paid wages, final | 23 | | compensation, or wage supplements by his or her employer as | 24 | | required by this Act shall be entitled to recover through a |
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| 1 | | claim filed with the Department of Labor or in a civil action, | 2 | | but not both, the amount of any such underpayments and damages | 3 | | of 2% of the amount of any such underpayments for each month | 4 | | following the date of payment during which such underpayments | 5 | | remain unpaid. In a civil action, such employee shall also | 6 | | recover costs and all reasonable attorney's fees. | 7 | | (a-5) In addition to the remedies provided in subsections | 8 | | (a), (b), and (c) of this Section, any employer or any agent of | 9 | | an employer, who, being able to pay wages,
final compensation, | 10 | | or wage supplements and being under a duty to pay,
wilfully | 11 | | refuses to pay as provided in this Act, or falsely denies the
| 12 | | amount or validity thereof or that the same is due, with intent | 13 | | to secure
for himself or other person any underpayment of such | 14 | | indebtedness or with
intent to annoy, harass, oppress, hinder, | 15 | | delay or defraud the person to
whom such indebtedness is due, | 16 | | upon conviction, is guilty of: | 17 | | (1) for unpaid wages, final compensation or wage | 18 | | supplements in the amount of $5,000 or less, a Class A B | 19 | | misdemeanor; or | 20 | | (2) for unpaid wages, final compensation or wage | 21 | | supplements in the amount of more than $5,000, a Class 4 | 22 | | felony A misdemeanor . | 23 | | Each day during which any violation of this Act continues
| 24 | | shall constitute a separate and distinct offense.
| 25 | | Any employer or any agent of an employer who violates this | 26 | | Section of the Act a subsequent time within 5 2 years of a |
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| 1 | | prior criminal conviction under this Section is guilty, upon | 2 | | conviction, of a Class 3 4 felony. | 3 | | (b) Any employer who has been demanded or ordered by the | 4 | | Department or ordered by the court
to pay wages, final | 5 | | compensation, or wage supplements due an employee shall be | 6 | | required to pay a non-waivable administrative fee to the | 7 | | Department of Labor in the amount of $250 if the amount ordered | 8 | | by the Department as wages owed is $3,000 or less; $500 if the | 9 | | amount ordered by the Department as wages owed is more than | 10 | | $3,000, but less than $10,000; and $1,000 if the amount ordered | 11 | | by the Department as wages owed is $10,000 or more. Any | 12 | | employer who has been so demanded or ordered by the Department | 13 | | or ordered by a court to pay such wages, final compensation, or | 14 | | wage supplements and who fails to seek timely review of such a | 15 | | demand or order as provided for under this Act and who fails to | 16 | | comply within 15 calendar days after such demand or within 35 | 17 | | days of an administrative or court order is entered shall also | 18 | | be liable to pay a penalty to the Department of Labor of 20% of | 19 | | the amount found owing and a penalty to the employee of 1% per | 20 | | calendar day of the amount found owing for each day of delay in | 21 | | paying such wages to the employee. All moneys recovered as fees | 22 | | and civil penalties under this Act, except those owing to the | 23 | | affected employee, shall be deposited into the Wage Theft | 24 | | Enforcement Fund, a special fund which is hereby created in the | 25 | | State treasury. Moneys in the Fund may be used only for | 26 | | enforcement of this Act.
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| 1 | | (b-5) Penalties and fees under this Section may be assessed | 2 | | by the Department and recovered in a civil action brought by | 3 | | the Department in any circuit court or in any administrative | 4 | | adjudicative proceeding under this Act. In any such civil | 5 | | action or administrative adjudicative proceeding under this | 6 | | Act, the Department shall be represented by the Attorney | 7 | | General.
| 8 | | (c) Any employer, or any agent of an employer, who | 9 | | discharges
or in any other manner discriminates against any | 10 | | employee because
that employee
has made a complaint to his | 11 | | employer, to the Director of Labor or his
authorized | 12 | | representative, in a public hearing, or to a community | 13 | | organization that he or she has not been paid in accordance
| 14 | | with the provisions of this Act, or because that employee has | 15 | | caused to
be instituted any proceeding under or related to this | 16 | | Act, or because that
employee has testified or is about to | 17 | | testify in an investigation or proceeding
under this Act, is | 18 | | guilty, upon conviction, of a Class C misdemeanor. An employee | 19 | | who has been unlawfully retaliated against shall be entitled to | 20 | | recover through a claim filed with the Department of Labor or | 21 | | in a civil action, but not both, all legal and equitable relief | 22 | | as may be appropriate. In a civil action, such employee shall | 23 | | also recover costs and all reasonable attorney's fees.
| 24 | | (Source: P.A. 98-527, eff. 1-1-14.)
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