97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3232
 
Introduced 2/1/2012, by Sen. David Koehler
 
SYNOPSIS AS INTRODUCED:
 

 



820 ILCS 130/11a  from Ch. 48, par. 39s-11a

     Amends the Prevailing Wage Act.  Deletes language providing that a contractor or subcontractor convicted or found guilty under specified provisions of the  Act is subject to an automatic and immediate debarment and prohibited from participating in any public works project for 4 years with no right to a hearing. Effective immediately.
  


LRB097 16830 WGH 62012 b

 
 
A BILL FOR
 

  
SB3232LRB097 16830 WGH 62012 b


  
1    AN ACT concerning employment.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Prevailing Wage Act is amended  by changing 
5Section 11a as follows:
 



6    (820 ILCS 130/11a)  (from Ch. 48, par. 39s-11a)



7    Sec. 11a. The Director of the Department of Labor shall 
8publish in the
Illinois Register no less often than once each 
9calendar quarter a list of
contractors or subcontractors found 
10to have disregarded their obligations
to employees under this 
11Act.  The Department of Labor shall determine the
contractors or 
12subcontractors who, on 2 separate occasions within 5 years, 
13have been
determined to have violated the provisions of this 
14Act.  Upon such
determination the Department shall notify the 
15violating
contractor or subcontractor.  Such contractor or 
16subcontractor shall then
have 10 working days to request a 
17hearing by the Department on the alleged
violations.  Failure to 
18respond within the 10 working day period shall
result in 
19automatic and immediate placement and publication on the list.

20If the contractor or subcontractor requests a hearing within 
21the 10 working
day period, the Director shall set a hearing on 
22the alleged violations.
Such hearing shall take place no later 
23than 45 calendar days after the
receipt by the Department of 
 
 
SB3232- 2 -LRB097 16830 WGH 62012 b

1Labor of the request for a hearing.
The Department of Labor is 
2empowered to promulgate, adopt, amend and rescind
rules and 
3regulations to govern the hearing procedure.  No contract shall

4be awarded to a contractor or subcontractor appearing on the 
5list, or to
any firm, corporation, partnership or association 
6in which such contractor
or subcontractor has an interest until 
74 years have elapsed from the date
of publication of the list 
8containing the name of such contractor or
subcontractor.
9    A contractor or subcontractor convicted or found guilty 
10under Section 5 or 6 of this Act shall be subject to an 
11automatic and immediate debarment, thereafter prohibited from 
12participating in any public works project for 4 years, with no 
13right to a hearing. 

14(Source: P.A. 97-571, eff. 1-1-12.)

 
 
15    Section 99. Effective date. This Act takes effect upon 
16becoming law.