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HB6617 Engrossed |
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LRB093 19761 JAM 45502 b |
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| (b) Any contractor contracting with the State who knew
that |
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| the foreign-made equipment, materials, or supplies furnished |
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| to the State
were produced in whole or part by the labor of any |
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| child under the age of 12 when entering into a contract
under |
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| subsection (a), may, subject to subsection (c), have any or all |
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| of the
following sanctions imposed:
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| (1) The contract under which the prohibited equipment, |
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| materials, or
supplies were provided may be voided at the |
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| option of the State agency to which
the equipment, |
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| materials, or supplies were provided.
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| (2) The contractor may be assessed a penalty which must |
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| be the greater
of $1,000 or an amount equaling 20% of the |
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| value of the equipment, materials,
or
supplies that the |
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| State agency demonstrates were produced in whole or in part
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| by child labor and
that were supplied to the State agency |
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| under the contract.
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| (3) The contractor may be suspended from bidding on a |
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| State contract for a
period not
to exceed 360 days.
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| Any moneys collected under this subsection shall be |
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| deposited
into the General Revenue Fund.
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| (c) When imposing the sanctions described in subsection |
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| (b), the
contracting agency must notify the contractor of the |
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| right to a hearing if
requested within 15 days after the date |
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| of the notice. The hearing must be
before an administrative law |
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| judge according to the Illinois Administrative
Procedure
Act. |
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| The administrative law judge must consider any
measures the |
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| contractor has taken to ensure compliance with this Section and
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| may waive any or all of the sanctions if it is determined that |
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| the contractor
has acted in good faith.
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| The agency must be assessed the cost of the administrative |
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| hearing,
unless the agency has prevailed in the hearing, in |
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| which case the contractor
shall be assessed the cost of the |
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| hearing.
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| (d) Any State agency that investigates a complaint against |
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| a contractor for
violation of this Section must limit its |
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| investigation to evaluating the
information provided by the |