Bill Status of SB 461   93rd General Assembly

Short Description:  STATE SERVICES ACCOUNTABILITY

Senate Sponsors
Sen. Donne E. Trotter-Jeffrey M. Schoenberg-Larry K. Bomke-Terry Link

House Sponsors
(Rep. Larry McKeon-Marlow H. Colvin)


Last Action  View All Actions

DateChamber Action
  1/11/2005SenateSession Sine Die

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the State Services Accountability Act. Provides that certain contractors and grantees with State contracts or grants or with contracts to perform public works shall certify that: they will not use State funds to promote, assist, or deter union organizing or to influence the decision of any of their employees to be represented or not represented by a labor organization; they will not require or prohibit the attendance of employees at a meeting related to union representation; they will not schedule or hold meetings related to union representation during an employee's work time or in work areas; and they will allow a labor organization the same opportunity to communicate with employees as is used by the contractor or the grantee. Provides that a labor organization may file a complaint with the Attorney General if it believes that a contractor or grantee is expending funds in violation of this Act and that the Attorney General shall then notify the contractor or grantee that it must provide an accounting with specified information. Provides for enforcement of the Act. Effective immediately.

Senate Floor Amendment No. 1
Deletes language in the introduced bill regarding the reporting of violations. Adds language requiring a contractor or grantee who is subject to the Act and who makes expenditures to assist, promote, or deter union organizing to maintain records sufficient to show that no State funds were used for those expenditures. Provides that: a taxpayer, employee, or employee representative may file a complaint with the Attorney General if the person believes that a contractor or grantee is expending funds in violation of the Act; the Attorney General shall notify the contractor or grantee that the contractor or grantee must provide the records described above; the contractor or grantee shall provide the records to the Attorney General within 15 business days unless the Attorney General gives an extension of time based upon a showing of good cause; and, if the Attorney General determines that the contractor or grantee has expended funds in violation of the Act, the Attorney General shall make the records available to the complainant. Also makes changes regarding the legislative findings and declaration of policy and certification requirements.

Senate Floor Amendment No. 2
Makes technical changes.

Senate Floor Amendment No. 3
Provides that nothing in the Act shall be construed to make a contractor responsible for the actions of a subcontractor. Makes changes in findings and definitions.

House Amendment No. 1
Adds reference to:
5 ILCS 140/7

Provides that the State Services Accountability Act is intended solely as a limitation on the permissible uses of State appropriations. Provides that it is not intended to expand, limit, or in any manner affect existing rights or duties of employers, employees, or labor organizations under the National Labor Relations Act or other federal law affecting labor relations. Defines "Department" and "State agency". Establishes a rebuttable presumption that the contractor or grantee has not used State funds to assist, promote, or deter union organization. Makes changes to the policy requirements. Provides that if a private party commences a civil action under this Section that the court deems frivolous, the court shall dismiss the action and may assess court costs and attorney's fees against the plaintiff. Removes references to goods. Makes other changes. Amends the Freedom of Information Act. Provides that information concerning complaints filed under the State Services Accountability Act is exempt from inspection and copying.

 Home Rule Note (H-AM 1)(Dept of Commerce and Community Affairs)
 In the opinion of DCCA, SB 461 (HA #1) does not pre-empt home rule authority.

 State Mandates Fiscal Note (H-AM 1) (Dept of Commerce and Community Affairs)
 In the opinion of DCCA, SB 461 (HA # 1) does not create a State Mandate under the State Mandates Act.

 Fiscal Note (Dept. of Labor)
 The fiscal impact of Senate Bill 461, as introduced, is $95,800.

 Fiscal Note (H-AM1) (Dept. of Labor)
 Total fiscal impact would be $95,800.

 Judicial Note (Administrative Office of the Illinois Courts)
 Would not increase the number of judges needed in the state.

 Judicial Note (H-AM1) (Administrative Office of the Ill. Courts)
 Would not increase the number of judges needed in the state.

Actions 
DateChamber Action
  2/18/2003SenateFiled with Secretary by Sen. Donne E. Trotter
  2/18/2003SenateFirst Reading
  2/18/2003SenateReferred to Rules
  2/19/2003SenateAssigned to Labor & Commerce
  2/27/2003SenateAdded as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  3/6/2003SenateDo Pass Labor & Commerce; 006-003-000
  3/6/2003SenatePlaced on Calendar Order of 2nd Reading March 11, 2003
  3/13/2003SenateSecond Reading
  3/13/2003SenatePlaced on Calendar Order of 3rd Reading March 18, 2003
  3/14/2003SenateAdded as Chief Co-Sponsor Sen. Larry K. Bomke
  3/21/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  3/21/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  3/21/2003SenateAdded as Chief Co-Sponsor Sen. Terry Link
  3/24/2003SenateSenate Floor Amendment No. 1 Rules Refers to Labor & Commerce
  3/25/2003SenateSenate Floor Amendment No. 1 Be Approved for Consideration Labor & Commerce; 006-002-000
  3/25/2003SenateRecalled to Second Reading
  3/25/2003SenateSenate Floor Amendment No. 1 Adopted; Trotter
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  4/1/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Donne E. Trotter
  4/1/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Donne E. Trotter
  4/2/2003SenateSenate Floor Amendment No. 3 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 3 Rules Refers to Labor & Commerce
  4/2/2003SenateSenate Floor Amendment No. 2 Be Approved for Consideration Rules
  4/2/2003SenateSenate Floor Amendment No. 3 Be Adopted Labor & Commerce; 006-003-000
  4/2/2003SenateRecalled to Second Reading
  4/2/2003SenateSenate Floor Amendment No. 2 Adopted; Trotter
  4/2/2003SenateSenate Floor Amendment No. 3 Adopted; Trotter
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/3/2003SenateThird Reading - Consideration Postponed
  4/3/2003SenatePlaced on Calendar - Consideration Postponed April 4, 2003
  4/4/2003SenateThird Reading Deadline Extended - Rule 2-10(e) to April 9, 2003.
  4/9/2003SenateThird Reading - Passed; 033-024-001
  4/9/2003HouseArrived in House
  4/9/2003HousePlaced on Calendar Order of First Reading
  4/10/2003HouseChief House Sponsor Rep. Robert S. Molaro
  4/10/2003HouseFirst Reading
  4/10/2003HouseReferred to Rules Committee
  4/14/2003HouseAlternate Chief Sponsor Changed to Rep. Larry McKeon
  4/15/2003HouseRe-assigned to Labor Committee
  5/2/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003
  5/7/2003HouseAdded Alternate Chief Co-Sponsor Rep. Marlow H. Colvin
  5/29/2003HouseHouse Amendment No. 1 Filed with Clerk by Labor Committee
  5/29/2003HouseHouse Amendment No. 1 Adopted in Labor Committee; by Voice Vote
  5/29/2003HouseDo Pass as Amended / Short Debate Labor Committee; 008-003-000
  5/29/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/29/2003HouseFiscal Note Requested by Rep. Terry R. Parke; as amended
  5/29/2003HouseState Mandates Fiscal Note Requested by Rep. Terry R. Parke; as amended
  5/29/2003HouseHome Rule Note Requested by Rep. Terry R. Parke; as amended
  5/29/2003HouseHome Rule Note Filed as amended by House Amendment No. 1
  5/29/2003HouseState Mandates Fiscal Note Filed as amended by House Amendment No. 1
  5/29/2003HouseSecond Reading - Short Debate
  5/29/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2003HouseFiscal Note Filed
  5/30/2003HouseFiscal Note Filed as amended by House Amendment No. 1
  5/30/2003HouseJudicial Note Requested by Rep. Terry R. Parke
  5/31/2003HouseJudicial Note Filed
  5/31/2003HouseJudicial Note Filed as amended by House Amendment No. 1
  6/1/2003HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2005SenateSession Sine Die

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