Full Text of SB2215 99th General Assembly
SB2215 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2215 Introduced 1/13/2016, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: | | 820 ILCS 130/6 | from Ch. 48, par. 39s-6 | 820 ILCS 130/10.5 new | |
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Amends the Prevailing Wage Act. Provides a process for investigation of 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 a 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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| | 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 10.5 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 willfully fails to comply with, | 9 | | any of the provisions of
this Act, and any contractor or | 10 | | subcontractor, and any officer, employee, or agent thereof, who | 11 | | as such officer, employee, or agent, has a duty to create, | 12 | | keep, maintain, or produce any record or document required by | 13 | | this Act to be created, kept, maintained, or produced who | 14 | | willfully fails to create, keep, maintain, or produce such | 15 | | record or document as or when required by this Act, is guilty | 16 | | of a Class A misdemeanor.
| 17 | | The Department of Labor shall inquire diligently as to any | 18 | | violation , as provided in Section 10.5 of this Act
of this Act , | 19 | | shall institute actions for penalties herein prescribed,
and | 20 | | shall enforce generally the provisions of this Act. The | 21 | | Attorney
General shall prosecute such cases upon complaint by | 22 | | the Department or
any interested person.
| 23 | | (Source: P.A. 97-571, eff. 1-1-12.)
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| 1 | | (820 ILCS 130/10.5 new) | 2 | | Sec. 10.5. Investigation and hearings. | 3 | | (a) Complaints. | 4 | | (1) Within 30 days after the date that an alleged | 5 | | violation of this Act has occurred, a complaint in writing | 6 | | under oath or affirmation may be filed with the Department | 7 | | of Labor by an aggrieved party for the purposes of | 8 | | investigating the alleged violation. | 9 | | (2) The complaint shall include, in sufficient detail, | 10 | | all relevant information concerning the time, place, and | 11 | | facts surrounding the alleged violation. The name of any | 12 | | party filing the complaint shall be disclosed to the | 13 | | contractor or subcontractor alleged to have violated the | 14 | | Act. | 15 | | (3) Any person who: | 16 | | (A) knowingly presents, or causes to be presented, | 17 | | a false complaint; or | 18 | | (B) knowingly makes, uses, or causes to be made or | 19 | | used, a false record or statement material to a false | 20 | | or fraudulent complaint, | 21 | | is liable to the Department of Labor for $5,000 for | 22 | | each false complaint filed. Any person found to knowingly | 23 | | file a false complaint shall also be liable to the | 24 | | contractor or subcontractor who was falsely accused for any | 25 | | incurred legal fees, administrative fees, and penalties |
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| 1 | | assessed by the Department of Labor pursuant to the | 2 | | complaint. | 3 | | (b) Notice and response to complaint. The Department of | 4 | | Labor shall, within 10 days after the date the complaint was | 5 | | filed, serve a copy of the complaint on the contractor or | 6 | | subcontractor. The contractor or subcontractor alleged to have | 7 | | violated this Act may file a position statement and other | 8 | | materials with the Department of Labor regarding the complaint | 9 | | within 30 days after receipt of the notice of the complaint. | 10 | | The position statement and other materials filed shall remain | 11 | | confidential unless otherwise agreed to by the contractor or | 12 | | subcontractor providing the information and shall not be served | 13 | | on or made available to the other party during the | 14 | | investigation of the complaint by the Department of Labor. | 15 | | The Department of Labor may require the contractor or | 16 | | subcontractor to file a verified response to the allegations | 17 | | contained in the complaint within 30 days after receipt of the | 18 | | notice of the complaint. The Department of Labor may issue a | 19 | | notice of default directed to any contractor or subcontractor | 20 | | who fails to file a verified response to a complaint within 30 | 21 | | days after receipt of the notice of the complaint, unless the | 22 | | contractor or subcontractor can demonstrate good cause as to | 23 | | why such notice should not be issued. All allegations contained | 24 | | in the charge not timely denied by the contractor or | 25 | | subcontractor in a verified response shall be deemed admitted, | 26 | | unless the contractor or subcontractor states that it is |
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| 1 | | without sufficient information to form a belief with respect to | 2 | | such allegation. A contractor or subcontractor shall have the | 3 | | right to supplement their position statement or verified | 4 | | response at any time that the investigation of the complaint is | 5 | | pending. | 6 | | (c) Report. | 7 | | (1) Each complaint shall be the subject of a report to | 8 | | the Director of Labor. The report shall be a confidential | 9 | | document subject to review by the Director of Labor, | 10 | | authorized Department of Labor employees, and the parties. | 11 | | (2) Upon review of the report, the Director of Labor | 12 | | shall determine whether there is substantial evidence that | 13 | | the alleged violation of the Act has been committed. | 14 | | (3) If the Director of Labor determines that there is | 15 | | no violation of this Act, he or she shall issue a decision | 16 | | denying the alleged violation. The Director of Labor shall | 17 | | provide notice of the decision to both parties and state | 18 | | that the decision shall become the final order of the | 19 | | Director of Labor on the matter unless, within 15 days | 20 | | after its receipt, the Complainant files a request for a | 21 | | hearing with the Director of Labor. | 22 | | (4) If the Director of Labor determines that there is a | 23 | | violation of this Act, he or she shall issue a decision | 24 | | incorporating his or her findings and requiring the | 25 | | contractor or subcontractor to take such affirmative | 26 | | action to remedy the conduct as the Director of Labor deems |
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| 1 | | appropriate. The Director of Labor shall provide notice of | 2 | | the decision to both parties and state that the decision | 3 | | shall become the final order of the Director of Labor on | 4 | | the matter unless, within 15 days after its receipt, the | 5 | | contractor or subcontractor files a request for a hearing | 6 | | with the Director of Labor. | 7 | | (5) The Director of Labor may, in his or her | 8 | | discretion, find no violation of this Act if: | 9 | | (A) the parties and the Director of Labor agree | 10 | | that such finding is appropriate to the investigation; | 11 | | and | 12 | | (B) if the finding is made to promote the effective | 13 | | resolution of the complaint. | 14 | | (d) Hearings. Upon the receipt of a properly filed request | 15 | | for a hearing, the Director of Labor shall convene an | 16 | | administrative hearing pursuant to the provisions of the | 17 | | Illinois Administrative Procedure Act. | 18 | | (e) Judicial review. A final order issued by the Director | 19 | | under this Section is subject to judicial review under the | 20 | | Administrative Review Law. | 21 | | (f) Applicability. This Section applies to complaints | 22 | | filed on or after the effective date of this amendatory Act of | 23 | | the 99th General Assembly. | 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law. |
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