Illinois 100th Regular Session Status: Vetoed 4 D cosponsors

SB 1720 — ANTI-WAGE THEFT-STATE CONTRACT

Last action — Total Veto Stands

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. Died in session

This bill died with 100th Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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. 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).

Bill Text

What changed in the latest version

15 added · 15 removed

Plain-language change summary

The amendments to SB 1720 clarify the circumstances under which a state agency can void a contract due to false certifications. It now specifies that a contractor's bid or contract can only be voided if the contractor refuses to terminate a subcontract when requested by the state after a false certification is identified. This change helps protect contractors from losing their bids or contracts based solely on the actions of subcontractors, fostering a fairer bidding process while still holding contractors accountable.

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SB1720 Engrossed LRB100 09212 JLS 19368 b AN ACT concerning employment.
SB1720 Enrolled LRB100 09212 JLS 19368 b AN ACT concerning employment.
SB1720 Engrossed - 2 - LRB100 09212 JLS 19368 b (b) Every bid or offer submitted to the State, every contract executed by the State, every submission to a vendor portal, and every subcontract subject to Section 20-120 of this Code shall contain a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is not barred from being awarded a contract or subcontract under this Section and acknowledges that the contracting State agency may declare the related contract void if any of the certifications completed pursuant to this subsection are false.
SB1720 Enrolled - 2 - LRB100 09212 JLS 19368 b (b) Every bid or offer submitted to the State, every contract executed by the State, every submission to a vendor portal, and every subcontract subject to Section 20-120 of this Code shall contain a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is not barred from being awarded a contract or subcontract under this Section and acknowledges that the chief procurement officer at a contracting State agency may declare the related contract void if any of the certifications completed pursuant to this subsection are false.
If the contract is ratified and SB1720 Engrossed - 3 - LRB100 09212 JLS 19368 b affirmed, it shall be without prejudice to the State's rights to any appropriate damages.
If the contract is ratified and SB1720 Enrolled - 3 - LRB100 09212 JLS 19368 b affirmed, it shall be without prejudice to the State's rights to any appropriate damages.
(e) If, during the term of a contract, the chief procurement officer learns from an annual certification or otherwise determines that a subcontractor subject to Section 20-120 no longer qualifies to enter into State contracts by SB1720 Engrossed - 4 - LRB100 09212 JLS 19368 b reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5, or 50-14.6 of this Article, the chief procurement officer may declare the related contract void if it determines that voiding the contract is in the best interests of the State.
(e) If, during the term of a contract, the chief procurement officer learns from an annual certification or otherwise determines that a subcontractor subject to Section 20-120 no longer qualifies to enter into State contracts by SB1720 Enrolled - 4 - LRB100 09212 JLS 19368 b reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5, or 50-14.6 of this Article, the chief procurement officer may declare the related contract void if it determines that voiding the contract is in the best interests of the State.
(a) Any employee not timely paid wages, final compensation, or wage supplements by his or her employer as required by this Act shall be entitled to recover through a SB1720 Engrossed - 5 - LRB100 09212 JLS 19368 b claim filed with the Department of Labor or in a civil action, but not both, the amount of any such underpayments and damages of 2% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid.
(a) Any employee not timely paid wages, final compensation, or wage supplements by his or her employer as required by this Act shall be entitled to recover through a SB1720 Enrolled - 5 - LRB100 09212 JLS 19368 b claim filed with the Department of Labor or in a civil action, but not both, the amount of any such underpayments and damages of 2% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid.
Any employer or any agent of an employer who violates this Section of the Act a subsequent time within 5 2 years of a SB1720 Engrossed - 6 - LRB100 09212 JLS 19368 b prior criminal conviction under this Section is guilty, upon conviction, of a Class 3 4 felony.
Any employer or any agent of an employer who violates this Section of the Act a subsequent time within 5 2 years of a SB1720 Enrolled - 6 - LRB100 09212 JLS 19368 b prior criminal conviction under this Section is guilty, upon conviction, of a Class 3 4 felony.
SB1720 Engrossed - 7 - LRB100 09212 JLS 19368 b (b-5) Penalties and fees under this Section may be assessed by the Department and recovered in a civil action brought by the Department in any circuit court or in any administrative adjudicative proceeding under this Act.
SB1720 Enrolled - 7 - LRB100 09212 JLS 19368 b (b-5) Penalties and fees under this Section may be assessed by the Department and recovered in a civil action brought by the Department in any circuit court or in any administrative adjudicative proceeding under this Act.
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Action History

  1. Total Veto Stands

  2. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  3. Added as Co-Sponsor Sen. Kimberly A. Lightford

  4. Motion Filed Override Governor Veto Sen. Daniel Biss

  5. Placed Calendar Total Veto

  6. Governor Vetoed

  7. Sent to the Governor

  8. Passed Both Houses

  9. Senate Concurs

  10. House Committee Amendment No. 1 Senate Concurs 032-022-000

  11. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments

  12. Alternate Chief Co-Sponsor Removed Rep. La Shawn K. Ford

  13. Added Alternate Chief Co-Sponsor Rep. La Shawn K. Ford

  14. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  15. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Daniel Biss

  16. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2017

  17. Secretary's Desk - Concurrence House Amendment(s) 1

  18. Alternate Co-Sponsor Removed Rep. La Shawn K. Ford

  19. Added Alternate Chief Co-Sponsor Rep. La Shawn K. Ford

  20. Added Alternate Co-Sponsor Rep. Cynthia Soto

  21. Third Reading - Standard Debate - Passed 067-048-000

  22. Placed on Calendar Order of 3rd Reading - Standard Debate

  23. Removed from Short Debate Status

  24. House Committee Amendment No. 1 Home Rule Note Filed as Amended

  25. Final Action Deadline Extended-9(b) May 31, 2017

  26. Added Alternate Co-Sponsor Rep. La Shawn K. Ford

  27. House Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended

  28. Placed on Calendar Order of 3rd Reading - Short Debate

  29. Second Reading - Short Debate

  30. House Committee Amendment No. 1 Fiscal Note Filed as Amended

  31. House Committee Amendment No. 1 Correctional Note Filed as Amended

  32. House Committee Amendment No. 1 Balanced Budget Note Filed as Amended

  33. House Committee Amendment No. 1 State Debt Impact Note Filed as Amended

  34. House Committee Amendment No. 1 Pension Note Filed as Amended

  35. House Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended

  36. Added Alternate Co-Sponsor Rep. Carol Sente

  37. Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit

  38. Added Alternate Co-Sponsor Rep. Silvana Tabares

  39. Held on Calendar Order of Second Reading - Short Debate

  40. Second Reading - Short Debate

  41. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  42. House Committee Amendment No. 1 Judicial Note Filed as Amended

  43. Added Alternate Co-Sponsor Rep. Gregory Harris

  44. House Committee Amendment No. 1 Judicial Note Requested as Amended by Rep. Tom Demmer

  45. House Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Tom Demmer

  46. House Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer

  47. Placed on Calendar 2nd Reading - Short Debate

  48. Do Pass as Amended / Short Debate Labor & Commerce Committee; 016-009-000

  49. House Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote

  50. Added Alternate Co-Sponsor Rep. Luis Arroyo

  51. House Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee

  52. Added Alternate Chief Co-Sponsor Rep. Mary E. Flowers

  53. Added Alternate Co-Sponsor Rep. Daniel J. Burke

  54. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  55. Added Alternate Co-Sponsor Rep. Barbara Flynn Currie

  56. Added Alternate Co-Sponsor Rep. Theresa Mah

  57. House Committee Amendment No. 1 Referred to Rules Committee

  58. House Committee Amendment No. 1 Filed with Clerk by Rep. Elizabeth Hernandez

  59. Assigned to Labor & Commerce Committee

  60. Referred to Rules Committee

  61. First Reading

  62. Chief House Sponsor Rep. Elizabeth Hernandez

  63. Arrived in House

  64. Third Reading - Passed; 030-022-000

  65. Verified

  66. Added as Co-Sponsor Sen. Emil Jones, III

  67. Placed on Calendar Order of 3rd Reading April 27, 2017

  68. Second Reading

  69. Added as Co-Sponsor Sen. Cristina Castro

  70. Placed on Calendar Order of 2nd Reading March 14, 2017

  71. Do Pass as Amended Labor; 011-005-000

  72. Senate Committee Amendment No. 1 Adopted

  73. Senate Committee Amendment No. 1 Assignments Refers to Labor

  74. Senate Committee Amendment No. 1 Referred to Assignments

  75. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Daniel Biss

  76. Assigned to Labor

  77. Referred to Assignments

  78. First Reading

  79. Filed with Secretary by Sen. Daniel Biss

Sponsors

Sponsorship breakdown

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0 sponsors · 12 co-sponsors · 171 not signed on · 21 voted No

Sponsors (0)

None.

Co-sponsors (12)

Not signed on (171)

171 members have not signed on to this bill.

Show all 171 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 32 Yea · 22 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 181405
Democrat 14000
Republican 0800
Total 322205
% of votes cast 54%37%0%8%
How each member voted (59)
Member Party Vote
Barickman — Nay
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Nay
Bush — Yea
Mulroe — Yea
Landek — Yea
Link — Yea
Muñoz — Yea
Raoul — Yea
Clayborne — Yea
Trotter — Yea
Bennett — Yea
McGuire — Yea
Cullerton — Yea
Hutchinson — Yea
Cullerton, T. — Yea
Manar — Yea
Rooney — Nay
McCann — Nay
McCarter — Nay
Brady — Nay
McConnaughay — Nay
Harris — Not Voting
Oberweis — Nay
Radogno — Nay
Silverstein — Not Voting
Connelly — Nay
Haine — Not Voting
Nybo — Nay
Righter — Nay
Sandoval — Yea
Schimpf — Nay
Steans — Yea
Althoff — Nay
Martinez — Not Voting
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Dale Fowler Republican Nay
Dan McConchie Republican Nay
Dave Syverson Republican Nay
Jil Tracy Republican Nay
Neil Anderson Republican Nay
Sue Rezin Republican Nay
Travis Weaver Republican Nay

Third Reading

Passed 67 Yea · 48 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 363503
Republican 01200
Democrat 31100
Total 674803
% of votes cast 57%41%0%3%
How each member voted (118)
Member Party Vote
Batinick — Not Voting
Beiser — Yea
Bellock — Nay
Bourne — Nay
Breen — Nay
Butler — Nay
McAuliffe — Nay
Frese — Nay
Greenwood — Yea
Lang — Yea
Riley — Yea
Harris, Gregory — Yea
Hernandez — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Jones — Yea
Hurley — Yea
Long — Nay
Madigan — Yea
McDermed — Nay
McSweeney — Nay
Davis — Yea
Mitchell, Bill — Yea
Mitchell, Christian — Yea
Williams — Yea
Skillicorn — Nay
Stewart — Nay
Stratton — Yea
Tabares — Yea
Harris, David — Nay
Thapedi — Yea
Sauer — Nay
Bennett — Nay
Turner — Yea
Unes — Nay
Brady — Nay
Wallace — Yea
Willis — Yea
Yingling — Yea
Cavaletto — Nay
Conroy — Yea
Conyears-Ervin — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Drury — Yea
Flowers — Yea
Hays — Nay
Ives — Nay
McAsey — Not Voting
Wheeler, Barbara — Nay
Wheeler, Keith — Nay
Phillips — Not Voting
Welter — Nay
Demmer — Nay
Durkin — Nay
Fortner — Nay
Winger — Nay
Nekritz — Yea
Jesiel — Nay
Jimenez — Nay
Olsen — Nay
Parkhurst — Nay
Phelps — Yea
Pritchard — Nay
Reis — Nay
Sente — Yea
Sommer — Nay
Soto — Yea
Wehrli — Nay
Zalewski — Yea
Andersson — Nay
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Nay
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Nay
Dave Severin Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Norine K. Hammond Republican Nay
Ryan Spain Republican Nay
Steven Reick Republican Nay
Terri Bryant Republican Nay
Tony M. McCombie Republican Nay

Third Reading

Passed 30 Yea · 22 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 191404
Republican 0800
Democrat 11003
Total 302207
% of votes cast 51%37%0%12%
How each member voted (59)
Member Party Vote
Barickman — Nay
Bertino-Tarrant — Not Voting
Biss — Yea
Bivins — Nay
Landek — Nay
Link — Yea
Manar — Yea
Bennett — Yea
McGuire — Yea
McCann — Nay
McCarter — Not Voting
McConnaughay — Nay
Mulroe — Yea
Nybo — Nay
Oberweis — Nay
Silverstein — Yea
Cullerton — Yea
Cullerton, T. — Yea
Rooney — Nay
Steans — Yea
Trotter — Yea
Brady — Nay
Harris — Not Voting
Bush — Yea
Clayborne — Yea
Connelly — Nay
Haine — Not Voting
Hutchinson — Yea
Muñoz — Yea
Radogno — Nay
Raoul — Yea
Righter — Nay
Sandoval — Yea
Schimpf — Nay
Althoff — Nay
Martinez — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Not Voting
Omar Aquino Democrat Yea
Steve Stadelman Democrat Not Voting
Chapin Rose Republican Nay
Dale Fowler Republican Nay
Dan McConchie Republican Nay
Dave Syverson Republican Nay
Jil Tracy Republican Nay
Neil Anderson Republican Nay
Sue Rezin Republican Nay
Travis Weaver Republican Nay

Subjects

labor
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Frequently asked questions

What does SB 1720 do?
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. 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).
Who sponsors SB 1720?
SB 1720 is sponsored by Daniel Biss, Theresa Mah (Democrat), Barbara Flynn Currie, Daniel J. Burke, Luis Arroyo, Camille Y. Lilly (Democrat), Silvana Tabares, Stephanie A. Kifowit (Democrat), Carol Sente, Cynthia Soto, Napoleon Harris III (Democrat), and Chapa LaVia.
What is the current status of SB 1720?
This bill died with 100th Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1720?
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