Bill Status of HB 1370   94th General Assembly

Short Description:  PREVAILING WAGE-PENALTIES

House Sponsors
Rep. Larry McKeon-Charles E. Jefferson-Brandon W. Phelps-Cynthia Soto-William Davis, Deborah L. Graham, Mike Boland, Angelo Saviano, Donald L. Moffitt, Michael P. McAuliffe, Patrick J Verschoore, Jack McGuire, Lou Lang, Jack D. Franks, Linda Chapa LaVia and Lisa M. Dugan

Senate Sponsors
(Sen. Gary Forby and Rickey R. Hendon-James F. Clayborne, Jr.-Edward D. Maloney-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  8/8/2005HousePublic Act . . . . . . . . . 94-0488

Statutes Amended In Order of Appearance
820 ILCS 130/6from Ch. 48, par. 39s-6
820 ILCS 130/11from Ch. 48, par. 39s-11
820 ILCS 130/11afrom Ch. 48, par. 39s-11a
820 ILCS 130/11b

Synopsis As Introduced
Amends the Prevailing Wage Act. Provides that specified violations of the Act are Class A (rather than Class B) misdemeanors. Provides that a contractor or subcontractor who pays a worker less than the stipulated rates for work performed under a contract is liable to the Department of Labor for 50% (rather than 20%) of the underpayment and is liable to the worker for punitive damages in the amount of 5% (rather than 2%) of the amount of the penalty to the State for each month following the date of payment during which the underpayment remains unpaid. Provides that the list of contractors or subcontractors found to have disregarded their obligations to employees under the Act shall include contractors or subcontractors who, on 2 separate occasions within 5 years (rather than on 2 separate occasions, without regard to a time period), have been determined to have violated the Act. Provides that no contract may be awarded to a contractor or subcontractor appearing on the list, or to an entity in which the contractor or subcontractor has an interest, until 5 (rather than 2) years have elapsed from the date of publication of the list. Provides that a party violating provisions protecting whistle blowers is liable to the Department of Labor for a penalty of $5,000 for each violation.

 Judicial Note (Admin Office of the Illinois Courts)
 Based on a review of House Bill 1370 it has been determined that the legislation would neither increase nor decrease the number of judges needed in the State.

 Fiscal Note (Department of Labor)
 House Bill 1370 will not have a fiscal impact on the Department of Labor.

 Correctional Note (Department of Corrections)
 Corrections Population Impact: None; Fiscal Impact: None.

House Amendment No. 1
Deletes language that increased the penalty and punitive damages for all underpayments. Adds language increasing the penalty and punitive damages for underpayments in the case of a second or subsequent action to recover underpayments against a contractor or subcontractor. Provides that no contract may be awarded to a contractor or subcontractor appearing on the list of contractors or subcontractors found to have disregarded their obligations to employees under the Act, or to an entity in which the contractor or subcontractor has an interest, until 4 (rather than 5 in the introduced bill) years have elapsed from the date of publication of the list.

 Fiscal Note (H-AM 1)(Illinois Department of Labor)
 Administration of the Act would not have a fiscal impact to implement.

Actions 
DateChamber Action
  2/9/2005HouseFiled with the Clerk by Rep. Larry McKeon
  2/9/2005HouseChief Co-Sponsor Rep. Charles E. Jefferson
  2/9/2005HouseChief Co-Sponsor Rep. Brandon W. Phelps
  2/9/2005HouseChief Co-Sponsor Rep. Cynthia Soto
  2/9/2005HouseFirst Reading
  2/9/2005HouseReferred to Rules Committee
  2/10/2005HouseAssigned to Labor Committee
  2/17/2005HouseDo Pass / Short Debate Labor Committee; 012-008-000
  2/18/2005HousePlaced on Calendar 2nd Reading - Short Debate
  2/18/2005HouseFiscal Note Requested by Rep. William B. Black
  2/23/2005HouseCorrectional Note Requested by Rep. William B. Black
  2/23/2005HouseJudicial Note Requested by Rep. William B. Black
  2/23/2005HouseCo-Sponsor Rep. Deborah L. Graham
  2/24/2005HouseJudicial Note Filed
  2/28/2005HouseFiscal Note Filed
  3/2/2005HouseAdded Co-Sponsor Rep. Mike Boland
  3/3/2005HouseAdded Co-Sponsor Rep. Angelo Saviano
  3/3/2005HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  3/3/2005HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  4/5/2005HouseCorrectional Note Filed
  4/6/2005HouseHouse Amendment No. 1 Filed with Clerk by Rep. Cynthia Soto
  4/6/2005HouseHouse Amendment No. 1 Referred to Rules Committee
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/13/2005HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 003-002-000
  4/14/2005HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  4/14/2005HouseAdded Co-Sponsor Rep. Jack McGuire
  4/14/2005HouseAdded Co-Sponsor Rep. Lou Lang
  4/14/2005HouseFiscal Note Filed As Amended by HA 1
  4/14/2005HouseHouse Amendment No. 1 Adopted by Voice Vote
  4/14/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2005HouseAdded Chief Co-Sponsor Rep. William Davis
  4/15/2005HouseThird Reading - Short Debate - Passed 069-046-000
  4/15/2005HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/15/2005HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/15/2005SenateArrive in Senate
  4/15/2005SenatePlaced on Calendar Order of First Reading April 19, 2005
  4/18/2005SenateChief Senate Sponsor Sen. Gary Forby
  4/18/2005SenateAdded as Alternate Co-Sponsor Sen. Rickey R. Hendon
  4/18/2005SenateAdded as Alternate Chief Co-Sponsor Sen. James F. Clayborne, Jr.
  4/19/2005SenateFirst Reading
  4/19/2005SenateReferred to Rules
  4/20/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Edward D. Maloney
  4/21/2005SenateAssigned to Labor
  5/5/2005SenateDo Pass Labor; 006-003-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/10/2005SenateSecond Reading
  5/10/2005SenatePlaced on Calendar Order of 3rd Reading May 11, 2005
  5/12/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/12/2005SenateVerified
  5/12/2005SenateThird Reading - Passed; 030-024-000
  5/12/2005HousePassed Both Houses
  5/31/2005HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  6/10/2005HouseSent to the Governor
  8/8/2005HouseGovernor Approved
  8/8/2005HouseEffective Date January 1, 2006
  8/8/2005HousePublic Act . . . . . . . . . 94-0488

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