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30 ILCS 583/1

(30 ILCS 583/1)

Sec. 1.

Short title.

This Act may be cited as the State Prohibition of Goods from Forced Labor Act.

(Source: P.A. 93-307, eff. 1-1-04.)

30 ILCS 583/5

(30 ILCS 583/5)

Sec. 5.

Policy.

The General Assembly hereby finds and declares as
follows:

(a) The people of Illinois do not support the import of any goods made by
forced, convict, or indentured labor, not only because it is a cruel
suppression of the human right of free labor and employment practices, but also
because it creates an unfair trade advantage for the forced, convict, or
indentured labor country.

(b) The federal Tariff Act of 1930, while prohibiting the
importation of any goods produced in whole or in part by forced, convict, or
indentured labor, does not require importers to provide certificates of origin
at the time of importation to affirm and guarantee no forced, convict, or
indentured labor content.

(c) The federal Tariff Act of 1930 also does not require
the
United States Customs Service to have an active, self-initiated foreign
surveillance program of detecting forced, convict, or indentured labor-made
goods and preventing their entry into the United States, but relies primarily
upon complaints made by the public or other interested groups.

(d) The State of Illinois wholeheartedly supports the prohibition on imports
produced in whole or in part by forced, convict, or indentured labor and shall
not knowingly acquire any of those goods.

(Source: P.A. 93-307, eff. 1-1-04.)

30 ILCS 583/10

(30 ILCS 583/10)

Sec. 10.

Contract certification.

(a) Every contract entered into by any State agency for the
procurement of equipment, materials, or supplies, other than procurement
related to a public works contract, must specify that no foreign-made
equipment, materials, or supplies furnished to the State under the
contract may be produced in whole or in part by forced labor, convict labor, or
indentured labor under penal sanction.  The contractor must agree to comply
with this provision of the contract.

(b) Any contractor contracting with the State who knew
that the foreign-made equipment, materials, or supplies furnished to the State
were produced in whole or part by forced labor, convict labor, or
indentured labor under penal sanction, when entering into a contract
under subsection (a), may, subject to subsection (c), have any or all of the
following sanctions imposed:

(1) The contract under which the prohibited

equipment, materials, or supplies were provided may be voided at the option of the State agency to which the equipment, materials, or supplies were provided.

(2) The contractor may be assessed a penalty which

must be the greater of $1,000 or an amount equaling 20% of the value of the equipment, materials, or supplies that the State agency demonstrates were produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction and that were supplied to the State agency under the contract.

(3) The contractor may be suspended from bidding on a

State contract for a period not to exceed 360 days.

Any moneys collected under this subsection shall be deposited
into the General Revenue Fund.

(c) When imposing the sanctions described in subsection (b), the
contracting agency must notify the contractor of the right to a hearing if
requested within 15 days after the date of the notice.  The hearing must be
before an administrative law judge according to the Illinois Administrative
Procedure
Act.  The administrative law judge must consider any
measures the contractor has taken to ensure compliance with this Section and
may waive any or all of the sanctions if it is determined that the contractor
has acted in good faith.

The agency must be assessed the cost of the administrative hearing,
unless the agency has prevailed in the hearing, in which case the contractor
shall be assessed the cost of the hearing.

(d) Any State agency that investigates a complaint against a contractor for
violation of this Section must limit its investigation to evaluating the
information provided by the person or entity submitting the complaint and the
information provided by the contractor.

(e) For purposes of this Section, the term "forced labor" has the
same meaning as in the federal Tariff Act of 1930.

(Source: P.A. 93-307, eff. 1-1-04.)