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Public Act 094-0264 |
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AN ACT concerning child labor.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the State | ||||
Prohibition of
Goods from Child Labor Act.
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Section 5. Policy. The General Assembly hereby finds and | ||||
declares as
follows:
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(a) The people of Illinois do not support the import of any | ||||
goods made by
child labor, not only because it is a cruel
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suppression of the human rights of children, but also
because | ||||
it creates an unfair trade advantage for the child labor | ||||
country.
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(b) Current trade regulations do not require importers to | ||||
provide certificates of origin
at the time of importation to | ||||
affirm and guarantee no child labor content.
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(c) Federal law also does not require
the
United States | ||||
Customs Service to have an active, self-initiated foreign
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surveillance program of detecting child labor-made
goods and | ||||
preventing their entry into the United States.
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(d) The State of Illinois wholeheartedly condemns the | ||||
importation of goods made in whole or in part by child labor | ||||
and shall
not knowingly acquire any of those goods.
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Section 10. Contract certification.
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(a) Every contract entered into by any State agency for the
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procurement of equipment, materials, or supplies, other than | ||||
procurement
related to a public works contract, must specify | ||||
that no foreign-made
equipment, materials, or supplies | ||||
furnished to the State under the
contract may be produced in | ||||
whole or in part by the labor of any child under the age of 12. | ||||
The contractor must agree to comply
with this provision of the | ||||
contract.
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(b) Any contractor contracting with the State who knew
that | ||
the foreign-made equipment, materials, or supplies furnished | ||
to the State
were produced in whole or part by the labor of any | ||
child under the age of 12 when entering into a contract
under | ||
subsection (a), may, subject to subsection (c), have any or all | ||
of the
following sanctions imposed:
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(1) The contract under which the prohibited equipment, | ||
materials, or
supplies were provided may be voided at the | ||
option of the State agency to which
the equipment, | ||
materials, or supplies were provided.
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(2) The contractor may be assessed a penalty which must | ||
be the greater
of $1,000 or an amount equaling 20% of the | ||
value of the equipment, materials,
or
supplies that the | ||
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 | ||
under the contract.
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(3) The contractor may be suspended from bidding on a | ||
State contract for a
period not
to exceed 360 days.
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Any moneys collected under this subsection shall be | ||
deposited
into the General Revenue Fund.
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(c) When imposing the sanctions described in subsection | ||
(b), the
contracting agency must notify the contractor of the | ||
right to a hearing if
requested within 15 days after the date | ||
of the notice. The hearing must be
before an administrative law | ||
judge according to the Illinois Administrative
Procedure
Act. | ||
The administrative law judge must consider any
measures the | ||
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 | ||
the contractor
has acted in good faith.
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The agency must be assessed the cost of the administrative | ||
hearing,
unless the agency has prevailed in the hearing, in | ||
which case the contractor
shall be assessed the cost of the | ||
hearing.
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(d) Any State agency that investigates a complaint against | ||
a contractor for
violation of this Section must limit its | ||
investigation to evaluating the
information provided by the |
person or entity submitting the complaint and the
information | ||
provided by the contractor.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |