Bill Text: IL HB2364 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Procurement Code. Prohibits any person or business who violates the Illinois Wage Payment and Collection Act, the Minimum Wage Law, the Illinois Worker Adjustment and Retraining Notification Act, the Employee Classification Act, the Fair Labor Standards Act of 1938, or any comparable state statute or regulation of any state which governs the payment of wages to do business with the State or any State agency or enter into a subcontract that is subject to the Code for a period of 5 years. Amends the Illinois Wage Payment and Collection Act. Provides that when an employee who is scheduled to work 3 or more hours reports for duty at the time set by the employer, and that employee is not provided with the expected hours of work, the employee shall be paid for at least 4 hours on such day at no less than the employee's regular rate of compensation. Amends the Illinois Wage Payment and Collection Act. Provides that an employer that is able to pay wages and who refuses to pay is guilty of a Class 4 felony (rather than a misdemeanor). Provides that a subsequent failure to pay within 5 years (rather than 2 years) of a prior conviction is a Class 3 felony (rather than a Class 4 felony).

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2017-05-19 - Added Co-Sponsor Rep. Camille Y. Lilly [HB2364 Detail]

Download: Illinois-2017-HB2364-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2364

Introduced , by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:
30 ILCS 500/50-14.6 new
30 ILCS 500/50-60
820 ILCS 115/4.5 new
820 ILCS 115/14 from Ch. 48, par. 39m-14

Amends the Illinois Procurement Code. Prohibits any person or business who violates the Illinois Wage Payment and Collection Act, the Minimum Wage Law, the Illinois Worker Adjustment and Retraining Notification Act, the Employee Classification Act, the Fair Labor Standards Act of 1938, or any comparable state statute or regulation of any state which governs the payment of wages to do business with the State or any State agency or enter into a subcontract that is subject to the Code for a period of 5 years. Amends the Illinois Wage Payment and Collection Act. Provides that when an employee who is scheduled to work 3 or more hours reports for duty at the time set by the employer, and that employee is not provided with the expected hours of work, the employee shall be paid for at least 4 hours on such day at no less than the employee's regular rate of compensation. Amends the Illinois Wage Payment and Collection Act. Provides that an employer that is able to pay wages and who refuses to pay is guilty of a Class 4 felony (rather than a misdemeanor). Provides that a subsequent failure to pay within 5 years (rather than 2 years) of a prior conviction is a Class 3 felony (rather than a Class 4 felony).
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 Illinois Procurement Code is amended by
5changing Section 50-60 and by adding Section 50-14.6 as
6follows:
7 (30 ILCS 500/50-14.6 new)
8 Sec. 50-14.6. Wage payment violations.
9 (a) No person or business who has admitted guilt or
10liability or has been adjudicated guilty or liable in any
11judicial or administrative proceeding of committing a repeated
12or willful violation of the Illinois Wage Payment and
13Collection Act, the Minimum Wage Law, the Illinois Worker
14Adjustment and Retraining Notification Act, the Employee
15Classification Act, the Fair Labor Standards Act of 1938, or
16any comparable state statute or regulation of any state which
17governs the payment of wages shall do business with the State
18of Illinois or any State agency or enter into a subcontract
19that is subject to this Code for a period of 5 years from the
20date of conviction, entry of a plea, administrative finding, or
21admission of guilt.
22 (b) Every bid or offer submitted to the State, every
23contract executed by the State, every submission to a vendor

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1portal, and every subcontract subject to Section 20-120 of this
2Code shall contain a certification by the bidder, offeror,
3potential contractor, contractor, or subcontractor,
4respectively, that the bidder, offeror, potential contractor,
5contractor, or subcontractor is not barred from being awarded a
6contract or subcontract under this Section and acknowledges
7that the contracting State agency may declare the related
8contract void if any of the certifications completed pursuant
9to this subsection are false. If the false certification is
10made by a subcontractor, then the contractor's submitted bid or
11offer and the executed contract may not be declared void,
12unless the contractor refuses to terminate the subcontract upon
13the State's request after a finding that the subcontract's
14certification was false.
15 (30 ILCS 500/50-60)
16 Sec. 50-60. Voidable contracts.
17 (a) If any contract or amendment thereto is entered into or
18purchase or expenditure of funds is made at any time in
19violation of this Code or any other law, the contract or
20amendment thereto may be declared void by the chief procurement
21officer or may be ratified and affirmed, provided the chief
22procurement officer determines that ratification is in the best
23interests of the State. If the contract is ratified and
24affirmed, it shall be without prejudice to the State's rights
25to any appropriate damages.

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1 (b) If, during the term of a contract, the chief
2procurement officer determines that the contractor is
3delinquent in the payment of debt as set forth in Section 50-11
4of this Code, the chief procurement officer may declare the
5contract void if it determines that voiding the contract is in
6the best interests of the State. The Debt Collection Bureau
7shall adopt rules for the implementation of this subsection
8(b).
9 (c) If, during the term of a contract, the chief
10procurement officer determines that the contractor is in
11violation of Section 50-10.5 of this Code, the chief
12procurement officer shall declare the contract void.
13 (d) If, during the term of a contract, the contracting
14agency learns from an annual certification or otherwise
15determines that the contractor no longer qualifies to enter
16into State contracts by reason of Section 50-5, 50-10, 50-12,
1750-14, or 50-14.5, or 50-14.6 of this Article, the chief
18procurement officer may declare the contract void if it
19determines that voiding the contract is in the best interests
20of the State.
21 (e) If, during the term of a contract, the chief
22procurement officer learns from an annual certification or
23otherwise determines that a subcontractor subject to Section
2420-120 no longer qualifies to enter into State contracts by
25reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or
2650-14.5, or 50-14.6 of this Article, the chief procurement

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1officer may declare the related contract void if it determines
2that voiding the contract is in the best interests of the
3State. However, the related contract shall not be declared void
4unless the contractor refuses to terminate the subcontract upon
5the State's request after a finding that the subcontractor no
6longer qualifies to enter into State contracts by reason of one
7of the Sections listed in this subsection.
8 (f) The changes to this Section made by Public Act 96-795
9apply to actions taken by the chief procurement officer on or
10after July 1, 2010.
11 (g) The changes to this Section made by this amendatory Act
12of the 100th General Assembly apply to actions taken by the
13chief procurement officer on or after its effective date.
14(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
15Section 5 of P.A. 96-793 for the effective date of changes made
16by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
17 Section 10. The Illinois Wage Payment and Collection Act is
18amended by changing Section 14 and by adding Section 4.5 as
19follows:
20 (820 ILCS 115/4.5 new)
21 Sec. 4.5. Reporting pay. When an employee who is scheduled
22to work 3 or more hours reports for duty at the time set by the
23employer, and that employee is not provided with the expected
24hours of work, the employee shall be paid for at least 4 hours

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1on such day at no less than the employee's regular rate of
2compensation.
3 (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
4 Sec. 14. (a) Any employee not timely paid wages, final
5compensation, or wage supplements by his or her employer as
6required by this Act shall be entitled to recover through a
7claim filed with the Department of Labor or in a civil action,
8but not both, the amount of any such underpayments and damages
9of 2% of the amount of any such underpayments for each month
10following the date of payment during which such underpayments
11remain unpaid. In a civil action, such employee shall also
12recover costs and all reasonable attorney's fees.
13 (a-5) In addition to the remedies provided in subsections
14(a), (b), and (c) of this Section, any employer or any agent of
15an employer, who, being able to pay wages, final compensation,
16or wage supplements and being under a duty to pay, wilfully
17refuses to pay as provided in this Act, or falsely denies the
18amount or validity thereof or that the same is due, with intent
19to secure for himself or other person any underpayment of such
20indebtedness or with intent to annoy, harass, oppress, hinder,
21delay or defraud the person to whom such indebtedness is due,
22upon conviction, is guilty of:
23 (1) for unpaid wages, final compensation or wage
24 supplements in the amount of $5,000 or less, a Class 4
25 felony B misdemeanor; or

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1 (2) for unpaid wages, final compensation or wage
2 supplements in the amount of more than $5,000, a Class 4
3 felony A misdemeanor.
4 Each day during which any violation of this Act continues
5shall constitute a separate and distinct offense.
6 Any employer or any agent of an employer who violates this
7Section of the Act a subsequent time within 5 2 years of a
8prior criminal conviction under this Section is guilty, upon
9conviction, of a Class 3 4 felony.
10 (b) Any employer who has been demanded or ordered by the
11Department or ordered by the court to pay wages, final
12compensation, or wage supplements due an employee shall be
13required to pay a non-waivable administrative fee to the
14Department of Labor in the amount of $250 if the amount ordered
15by the Department as wages owed is $3,000 or less; $500 if the
16amount ordered by the Department as wages owed is more than
17$3,000, but less than $10,000; and $1,000 if the amount ordered
18by the Department as wages owed is $10,000 or more. Any
19employer who has been so demanded or ordered by the Department
20or ordered by a court to pay such wages, final compensation, or
21wage supplements and who fails to seek timely review of such a
22demand or order as provided for under this Act and who fails to
23comply within 15 calendar days after such demand or within 35
24days of an administrative or court order is entered shall also
25be liable to pay a penalty to the Department of Labor of 20% of
26the amount found owing and a penalty to the employee of 1% per

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1calendar day of the amount found owing for each day of delay in
2paying such wages to the employee. All moneys recovered as fees
3and civil penalties under this Act, except those owing to the
4affected employee, shall be deposited into the Wage Theft
5Enforcement Fund, a special fund which is hereby created in the
6State treasury. Moneys in the Fund may be used only for
7enforcement of this Act.
8 (b-5) Penalties and fees under this Section may be assessed
9by the Department and recovered in a civil action brought by
10the Department in any circuit court or in any administrative
11adjudicative proceeding under this Act. In any such civil
12action or administrative adjudicative proceeding under this
13Act, the Department shall be represented by the Attorney
14General.
15 (c) Any employer, or any agent of an employer, who
16discharges or in any other manner discriminates against any
17employee because that employee has made a complaint to his
18employer, to the Director of Labor or his authorized
19representative, in a public hearing, or to a community
20organization that he or she has not been paid in accordance
21with the provisions of this Act, or because that employee has
22caused to be instituted any proceeding under or related to this
23Act, or because that employee has testified or is about to
24testify in an investigation or proceeding under this Act, is
25guilty, upon conviction, of a Class C misdemeanor. An employee
26who has been unlawfully retaliated against shall be entitled to

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1recover through a claim filed with the Department of Labor or
2in a civil action, but not both, all legal and equitable relief
3as may be appropriate. In a civil action, such employee shall
4also recover costs and all reasonable attorney's fees.
5(Source: P.A. 98-527, eff. 1-1-14.)
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