Illinois General Assembly - Full Text of Public Act 094-0264
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Public Act 094-0264




Public Act 094-0264
HB2460 Enrolled LRB094 10299 JAM 40569 b

    AN ACT concerning child labor.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the State
Prohibition of Goods from Child Labor Act.
    Section 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 child labor, not only because it is a cruel
suppression of the human rights of children, but also because
it creates an unfair trade advantage for the child labor
    (b) Current trade regulations do not require importers to
provide certificates of origin at the time of importation to
affirm and guarantee no child labor content.
    (c) Federal law also does not require the United States
Customs Service to have an active, self-initiated foreign
surveillance program of detecting child labor-made goods and
preventing their entry into the United States.
    (d) The State of Illinois wholeheartedly condemns the
importation of goods made in whole or in part by child labor
and shall not knowingly acquire any of those goods.
    Section 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 the labor of any child under the age of 12.
The contractor must agree to comply with this provision of the
    (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 the labor of any
child under the age of 12 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 child labor 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
    (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.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/19/2005