Bill Text: IL SB1720 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Procurement Code. Prohibits any person or business that 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 Day and Temporary Labor Services 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. 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 with respect to amounts of $5,000 or less (rather than a Class B misdemeanor) and of a Class 3 felony with respect to amounts greater than $5,000 (rather than a Class 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 17-0)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB1720 Detail]

Download: Illinois-2017-SB1720-Enrolled.html



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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 that has admitted guilt or
10liability or has been adjudicated guilty or liable in a
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 Day and Temporary Labor Services Act,
16the Fair Labor Standards Act of 1938, any other State law
17relating to wages and payments of wages, or any comparable
18statute, law, or regulation of any state which governs wages or
19the payment of wages shall do business with the State of
20Illinois or any State agency or enter into a subcontract that
21is subject to this Code for a period of 5 years from the date of
22entry of an adverse civil judgment, conviction, entry of a
23plea, administrative finding, or admission of guilt.

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1 (b) Every bid or offer submitted to the State, every
2contract executed by the State, every submission to a vendor
3portal, and every subcontract subject to Section 20-120 of this
4Code shall contain a certification by the bidder, offeror,
5potential contractor, contractor, or subcontractor,
6respectively, that the bidder, offeror, potential contractor,
7contractor, or subcontractor is not barred from being awarded a
8contract or subcontract under this Section and acknowledges
9that the chief procurement officer at a contracting State
10agency may declare the related contract void if any of the
11certifications completed pursuant to this subsection are
12false. If the false certification is made by a subcontractor,
13then the contractor's submitted bid or offer and the executed
14contract may not be declared void, unless the contractor
15refuses to terminate the subcontract upon the State's request
16after a finding that the subcontract's certification was false.
17 (30 ILCS 500/50-60)
18 Sec. 50-60. Voidable contracts.
19 (a) If any contract or amendment thereto is entered into or
20purchase or expenditure of funds is made at any time in
21violation of this Code or any other law, the contract or
22amendment thereto may be declared void by the chief procurement
23officer or may be ratified and affirmed, provided the chief
24procurement officer determines that ratification is in the best
25interests of the State. If the contract is ratified and

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1affirmed, it shall be without prejudice to the State's rights
2to any appropriate damages.
3 (b) If, during the term of a contract, the chief
4procurement officer determines that the contractor is
5delinquent in the payment of debt as set forth in Section 50-11
6of this Code, the chief procurement officer may declare the
7contract void if it determines that voiding the contract is in
8the best interests of the State. The Debt Collection Bureau
9shall adopt rules for the implementation of this subsection
10(b).
11 (c) If, during the term of a contract, the chief
12procurement officer determines that the contractor is in
13violation of Section 50-10.5 of this Code, the chief
14procurement officer shall declare the contract void.
15 (d) If, during the term of a contract, the contracting
16agency learns from an annual certification or otherwise
17determines that the contractor no longer qualifies to enter
18into State contracts by reason of Section 50-5, 50-10, 50-12,
1950-14, or 50-14.5, or 50-14.6 of this Article, the chief
20procurement officer may declare the contract void if it
21determines that voiding the contract is in the best interests
22of the State.
23 (e) If, during the term of a contract, the chief
24procurement officer learns from an annual certification or
25otherwise determines that a subcontractor subject to Section
2620-120 no longer qualifies to enter into State contracts by

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1reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or
250-14.5, or 50-14.6 of this Article, the chief procurement
3officer may declare the related contract void if it determines
4that voiding the contract is in the best interests of the
5State. However, the related contract shall not be declared void
6unless the contractor refuses to terminate the subcontract upon
7the State's request after a finding that the subcontractor no
8longer qualifies to enter into State contracts by reason of one
9of the Sections listed in this subsection.
10 (f) The changes to this Section made by Public Act 96-795
11apply to actions taken by the chief procurement officer on or
12after July 1, 2010.
13 (g) The changes to this Section made by this amendatory Act
14of the 100th General Assembly apply to actions taken by the
15chief procurement officer on or after its effective date.
16(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
17Section 5 of P.A. 96-793 for the effective date of changes made
18by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
19 Section 10. The Illinois Wage Payment and Collection Act is
20amended by changing Section 14 as follows:
21 (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
22 Sec. 14. (a) Any employee not timely paid wages, final
23compensation, or wage supplements by his or her employer as
24required by this Act shall be entitled to recover through a

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1claim filed with the Department of Labor or in a civil action,
2but not both, the amount of any such underpayments and damages
3of 2% of the amount of any such underpayments for each month
4following the date of payment during which such underpayments
5remain unpaid. In a civil action, such employee shall also
6recover costs and all reasonable attorney's fees.
7 (a-5) In addition to the remedies provided in subsections
8(a), (b), and (c) of this Section, any employer or any agent of
9an employer, who, being able to pay wages, final compensation,
10or wage supplements and being under a duty to pay, wilfully
11refuses to pay as provided in this Act, or falsely denies the
12amount or validity thereof or that the same is due, with intent
13to secure for himself or other person any underpayment of such
14indebtedness or with intent to annoy, harass, oppress, hinder,
15delay or defraud the person to whom such indebtedness is due,
16upon conviction, is guilty of:
17 (1) for unpaid wages, final compensation or wage
18 supplements in the amount of $5,000 or less, a Class A B
19 misdemeanor; or
20 (2) for unpaid wages, final compensation or wage
21 supplements in the amount of more than $5,000, a Class 4
22 felony A misdemeanor.
23 Each day during which any violation of this Act continues
24shall constitute a separate and distinct offense.
25 Any employer or any agent of an employer who violates this
26Section of the Act a subsequent time within 5 2 years of a

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1prior criminal conviction under this Section is guilty, upon
2conviction, of a Class 3 4 felony.
3 (b) Any employer who has been demanded or ordered by the
4Department or ordered by the court to pay wages, final
5compensation, or wage supplements due an employee shall be
6required to pay a non-waivable administrative fee to the
7Department of Labor in the amount of $250 if the amount ordered
8by the Department as wages owed is $3,000 or less; $500 if the
9amount ordered by the Department as wages owed is more than
10$3,000, but less than $10,000; and $1,000 if the amount ordered
11by the Department as wages owed is $10,000 or more. Any
12employer who has been so demanded or ordered by the Department
13or ordered by a court to pay such wages, final compensation, or
14wage supplements and who fails to seek timely review of such a
15demand or order as provided for under this Act and who fails to
16comply within 15 calendar days after such demand or within 35
17days of an administrative or court order is entered shall also
18be liable to pay a penalty to the Department of Labor of 20% of
19the amount found owing and a penalty to the employee of 1% per
20calendar day of the amount found owing for each day of delay in
21paying such wages to the employee. All moneys recovered as fees
22and civil penalties under this Act, except those owing to the
23affected employee, shall be deposited into the Wage Theft
24Enforcement Fund, a special fund which is hereby created in the
25State treasury. Moneys in the Fund may be used only for
26enforcement of this Act.

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1 (b-5) Penalties and fees under this Section may be assessed
2by the Department and recovered in a civil action brought by
3the Department in any circuit court or in any administrative
4adjudicative proceeding under this Act. In any such civil
5action or administrative adjudicative proceeding under this
6Act, the Department shall be represented by the Attorney
7General.
8 (c) Any employer, or any agent of an employer, who
9discharges or in any other manner discriminates against any
10employee because that employee has made a complaint to his
11employer, to the Director of Labor or his authorized
12representative, in a public hearing, or to a community
13organization that he or she has not been paid in accordance
14with the provisions of this Act, or because that employee has
15caused to be instituted any proceeding under or related to this
16Act, or because that employee has testified or is about to
17testify in an investigation or proceeding under this Act, is
18guilty, upon conviction, of a Class C misdemeanor. An employee
19who has been unlawfully retaliated against shall be entitled to
20recover through a claim filed with the Department of Labor or
21in a civil action, but not both, all legal and equitable relief
22as may be appropriate. In a civil action, such employee shall
23also recover costs and all reasonable attorney's fees.
24(Source: P.A. 98-527, eff. 1-1-14.)
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