AUTHORITY: Implementing and authorized by Section 605-390 of the Department of Commerce and Economic Opportunity Law [20 ILCS 605/605-390], Section 805-350 of the Department of Natural Resources (Conservation) Law [20 ILCS 805/805-350], Section 1905-12 of the Department of Natural Resources (Mines and Minerals) Law [20 ILCS 1905/1905-12], Section 2705-260 of the Department of Transportation Law [20 ILCS 2705/2705-260], Section 10.17 of the Capital Development Board Act [20 ILCS 3105/10.17] and Section 4 of the Environmental Protection Act [415 ILCS 5/4].

SOURCE: Adopted by emergency rulemaking at 33 Ill. Reg. 16527, effective November 3, 2009, for a maximum of 150 days; emergency expired April 1, 2010; adopted at 34 Ill. Reg. 7708, effective May 19, 2010.

SUBPART A: GENERAL PROVISIONS

 

Section 330.100  Purpose and Scope

 

It is the purpose of Article 80 of the FY2010 Budget Implementation (capital) Act (PA 96-37) and this Part to ensure that at least 50% of the total labor hours on State construction projects funded by capital infrastructure appropriations enacted by the 96^th General Assembly are performed by actual residents of the State of Illinois.

 

Section 330.110  Definitions

 

"Act" means the FY2010 Budget Implementation (Capital) Act (PA 96-37).

 

"Actual Residents of the State of Illinois" means persons domiciled in the State of Illinois. [20 ILCS 605/605-390]

 

"Awarding Agencies" means the Department of Commerce and Economic Opportunity, the Department of Natural Resources, the Department of Transportation, the Capital Development Board and the Environmental Protection Agency.

 

"Domiciled" means the place where an individual has his/her permanent home or principle establishment to where, whenever he/she is absent, he/she has the intention of returning.

 

"State Construction Project" means a construction project that is funded in whole or in part by capital infrastructure appropriations enacted by the 96^th General Assembly.

 

"Resident Labor Requirement" means that, on State construction projects, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois. 

 

Section 330.120 Application of the Act

 

To the extent permitted by any applicable federal law or regulation, any State construction project commenced on or after July 13, 2009 is covered under the Act.

SUBPART B: ENFORCEMENT

 

Section 330.200  Enforcement

 

a)         For all State construction projects, it shall be the duty of the awarding agencies to include a provision in the contract, grant or other agreement between the parties requiring at least 50% of the labor hours to be performed by actual residents of the State of Illinois.

 

b)         The awarding agencies shall diligently monitor and enforce the resident labor requirements for all State construction projects.  All awardees/grantees shall collect documentation from project contractors reflecting the state of residence for each individual performing labor on a State construction project and the number of hours each individual has worked on the project. All awardees/grantees shall maintain these records for a period of 3 years (as directed by Section 20-65 of the Illinois Procurement Code [30 ILCS 500/20-65], for example) or as required by any governing grant or State or federal funding source, following the completion of the project. The awardee/grantee shall make these records available to the awarding agency upon request.

 

c)         Complaints concerning violations of the Act shall be filed with the awarding agencies.

 

d)         The requirement that a contractor comply with the Act's 50% resident labor hours provision shall be provided for in the contract, grant or other agreement between the parties.