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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Employment of Illinois Workers on Public | ||||||
5 | Works Act is amended by changing Sections 0.01, 1, 1.1, 2, 3, | ||||||
6 | 4, 5, 6, and 7 and by adding Sections 7.05, 7.10, 7.15, and | ||||||
7 | 7.20 as follows:
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8 | (30 ILCS 570/0.01) (from Ch. 48, par. 2200)
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9 | Sec. 0.01. Short title. This Article 2 Act may be cited as | ||||||
10 | the
Employment of Illinois Workers on Public Works Act. In this | ||||||
11 | Article 2, references to this Act mean this Article 2.
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12 | (Source: P.A. 86-1324.)
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13 | (30 ILCS 570/1) (from Ch. 48, par. 2201) | ||||||
14 | Sec. 1. Definitions. For the purposes of Article 2 of this | ||||||
15 | Act, the following words have
the meanings ascribed to them in | ||||||
16 | this Section. | ||||||
17 | (1) "Illinois laborer" refers to any person who has resided | ||||||
18 | in Illinois
for at least 30 days and intends to become or | ||||||
19 | remain an Illinois resident. | ||||||
20 | (2) "A period of excessive unemployment" means any month | ||||||
21 | immediately
following 2 consecutive calendar months during | ||||||
22 | which the level of unemployment
in the State of Illinois has |
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1 | exceeded 5% as measured by the United States
Bureau of Labor | ||||||
2 | Statistics in its monthly publication of employment and
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3 | unemployment figures. | ||||||
4 | (3) "Hazardous waste" has the definition ascribed to it in | ||||||
5 | Section 3.220 of
the Illinois Environmental Protection Act, | ||||||
6 | approved June 29, 1970,
as amended. | ||||||
7 | (4) "Interested party" means a person or entity with an | ||||||
8 | interest in compliance with this Act. | ||||||
9 | (5) "Entity" means any sole proprietor, partnership, firm, | ||||||
10 | corporation, limited liability company, association, or other | ||||||
11 | business enterprise; however, the term "entity" does not | ||||||
12 | include (i) the State of Illinois or its officers, agencies, or | ||||||
13 | political subdivisions or (ii) the federal government. | ||||||
14 | (6) "Public works" means any fixed work construction or | ||||||
15 | improvement for the State of Illinois or any political | ||||||
16 | subdivision of the State if that fixed work construction or | ||||||
17 | improvement is funded or financed in whole or in part with | ||||||
18 | State funds or funds administered by the State of Illinois. | ||||||
19 | (Source: P.A. 92-574, eff. 6-26-02.) | ||||||
20 | (30 ILCS 570/1.1) (from Ch. 48, par. 2201.1) | ||||||
21 | Sec. 1.1. Findings. The General Assembly finds and declares | ||||||
22 | that unemployment in the
Illinois construction industry has | ||||||
23 | traditionally tended to be higher in those counties which
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24 | border upon other states. Further, the General Assembly finds | ||||||
25 | and declares
that the over-utilization of out-of-state |
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1 | laborers on public works projects
or improvements for the State | ||||||
2 | of Illinois or any political subdivision,
municipal | ||||||
3 | corporation or other governmental units thereof is a | ||||||
4 | contributing
factor to higher levels of unemployment both in | ||||||
5 | the border counties and
throughout Illinois. It is the public | ||||||
6 | policy of this State and the
objective of this Act to promote | ||||||
7 | the general welfare of the people of this
State by ensuring | ||||||
8 | that Illinois laborers are utilized to the greatest
extent | ||||||
9 | possible on public works projects or improvements for the State | ||||||
10 | of
Illinois or any political subdivision, municipal | ||||||
11 | corporation or other
governmental units thereof. To this end, | ||||||
12 | this Act shall be liberally
construed to effectuate its | ||||||
13 | purpose. | ||||||
14 | (Source: P.A. 87-377.) | ||||||
15 | (30 ILCS 570/2) (from Ch. 48, par. 2202) | ||||||
16 | Sec. 2. Applicability. This Article 2 of this Act applies | ||||||
17 | to all labor on public works projects or
improvements, | ||||||
18 | including projects involving the clean-up and on-site disposal | ||||||
19 | of
hazardous waste, but excluding emergency response or | ||||||
20 | immediate removal
activities, whether skilled,
semi-skilled or | ||||||
21 | unskilled, whether manual or non-manual. | ||||||
22 | (Source: P.A. 86-1015.) | ||||||
23 | (30 ILCS 570/3) (from Ch. 48, par. 2203) | ||||||
24 | Sec. 3. Employment of Illinois laborers. Whenever there is |
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1 | a period of excessive unemployment in Illinois,
every person or | ||||||
2 | entity that who is charged with the duty, either by law or
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3 | contract, of : | ||||||
4 | (1) constructing or building any public works , as defined | ||||||
5 | in this Act; project or
improvement or | ||||||
6 | (2) for the clean-up and on-site disposal of hazardous | ||||||
7 | waste for the
State of Illinois or any political subdivision of | ||||||
8 | the State , if that clean-up or on-site disposal is funded or | ||||||
9 | financed in whole or in part with State funds or funds | ||||||
10 | administered by the State of Illinois,
municipal corporation or | ||||||
11 | other governmental unit thereof shall employ at least 90% only
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12 | Illinois laborers on such project . Any public works project | ||||||
13 | financed in whole or in part by federal funds administered by | ||||||
14 | the State of Illinois is covered under the provisions of this | ||||||
15 | Act, to the extent permitted by any applicable federal law or | ||||||
16 | regulation. Every public works or improvement, and every | ||||||
17 | contract let by
any such person shall contain a provision | ||||||
18 | requiring that such labor be
used: Provided, that other | ||||||
19 | laborers may be used when Illinois laborers as
defined in this | ||||||
20 | Act are not available, or are incapable of performing the
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21 | particular type of work involved, if so certified by the | ||||||
22 | contractor and
approved by the contracting officer. | ||||||
23 | (Source: P.A. 86-1015.) | ||||||
24 | (30 ILCS 570/4) (from Ch. 48, par. 2204) | ||||||
25 | Sec. 4. Non-resident executive and technical experts. |
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1 | Every contractor on a public works project or improvement or
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2 | hazardous waste clean-up and on-site disposal project in this
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3 | State may place on such work no more than 3, or 6 in the case of | ||||||
4 | a
hazardous waste clean-up and on-site disposal project, of his | ||||||
5 | regularly
employed non-resident executive and technical | ||||||
6 | experts, even though they do
not qualify as Illinois laborers | ||||||
7 | as defined in Section 1 of Article 2 of this Act. | ||||||
8 | (Source: P.A. 86-1015.) | ||||||
9 | (30 ILCS 570/5) (from Ch. 48, par. 2205) | ||||||
10 | Sec. 5. Expenditure of federal funds. | ||||||
11 | (a) In all contracts involving the expenditure of federal
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12 | aid funds in relation to a public works project or improvement, | ||||||
13 | Article 2 of
this Act shall not be enforced in such manner as | ||||||
14 | to conflict with any
federal statutes or rules and regulations. | ||||||
15 | (b) When federal expenditures
are used in combination with | ||||||
16 | State expenditures for clean-up and on-site disposal
of | ||||||
17 | hazardous waste, it shall be the responsibility of the Illinois | ||||||
18 | Environmental
Protection Agency to notify, with respect to such | ||||||
19 | project, any Illinois
hazardous waste cleanup contractor who | ||||||
20 | has requested such notification
of the date when bids will be | ||||||
21 | accepted for such projects
and the requirements necessary to | ||||||
22 | successfully compete for such projects. | ||||||
23 | (Source: P.A. 86-1015.) | ||||||
24 | (30 ILCS 570/6) (from Ch. 48, par. 2206) |
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1 | Sec. 6. Penalties. Any person or entity that violates the | ||||||
2 | provisions of this Act is subject to a civil penalty in an | ||||||
3 | amount not to exceed $1,000 for each violation found in the | ||||||
4 | first investigation by the Department, not to exceed $5,000 for | ||||||
5 | each violation found in the second investigation by the | ||||||
6 | Department, and not to exceed $15,000 for a third or subsequent | ||||||
7 | violation found in any subsequent investigation by the | ||||||
8 | Department. Any person who knowingly fails to use Illinois | ||||||
9 | laborers as
required in Article 2 of this
Act, shall be guilty | ||||||
10 | of a Class C misdemeanor. Each violation of this Act for each | ||||||
11 | worker and for each day the violation continues constitutes | ||||||
12 | separate case of
failure to use Illinois laborers on such | ||||||
13 | public works projects or
improvements or for the clean-up and | ||||||
14 | on-site disposal of hazardous waste shall
constitute a separate | ||||||
15 | and distinct violation offense . In determining the amount of | ||||||
16 | the penalty, the Department shall consider the appropriateness | ||||||
17 | of the penalty to the person or entity charged, upon | ||||||
18 | determination of the gravity of the violations. The collection | ||||||
19 | of these penalties shall be enforced in a civil action brought | ||||||
20 | by the Attorney General on behalf of the Department. | ||||||
21 | (Source: P.A. 86-1015.) | ||||||
22 | (30 ILCS 570/7) (from Ch. 48, par. 2207) | ||||||
23 | Sec. 7. Enforcement. It is the duty of the Department to | ||||||
24 | enforce the provisions of this Act. The Department has the | ||||||
25 | power to conduct investigations in connection with the |
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1 | administration and enforcement of this Act, and any | ||||||
2 | investigator with the Department is authorized to visit and | ||||||
3 | inspect, at all reasonable times, any places covered by this | ||||||
4 | Act and is authorized to inspect, at all reasonable times, | ||||||
5 | documents related to the determination of whether a violation | ||||||
6 | of the Act exists. The Department may compel, by subpoena, the | ||||||
7 | attendance and testimony of witnesses and the production of | ||||||
8 | books, payrolls, records, papers, and other evidence in any | ||||||
9 | investigation and may administer oaths to witnesses. The | ||||||
10 | Article 2 of this Act shall be enforced by the Department of | ||||||
11 | Labor, which, as
represented by the Attorney General, is | ||||||
12 | empowered to : (i) issue and cause to be served on any person or | ||||||
13 | entity an order to cease and desist from further violation of | ||||||
14 | this Act, (ii) take affirmative or other action as deemed | ||||||
15 | reasonable to eliminate the effect of the violation, (iii) | ||||||
16 | collect any civil penalties assessed by the Department pursuant | ||||||
17 | to Section 6 of this Act, and (iv) sue for injunctive
relief | ||||||
18 | against the awarding of any contract or the continuation of any | ||||||
19 | work
under any contract for public works or improvements or for | ||||||
20 | the clean-up
and on-site disposal of hazardous waste at a time | ||||||
21 | when the
provisions of Article 2 of this
Act are not being met. | ||||||
22 | (Source: P.A. 86-1015.) | ||||||
23 | (30 ILCS 570/7.05 new) | ||||||
24 | Sec. 7.05. Review. Any party seeking review of the | ||||||
25 | Department's determination may file a written request for an |
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1 | informal conference. The request must be received by the | ||||||
2 | Department within 15 calendar days after the date of issuance | ||||||
3 | of the Department's determination. During the conference, the | ||||||
4 | party seeking review may present written or oral information | ||||||
5 | and arguments as to why the Department's determination should | ||||||
6 | be amended or vacated. The Department shall consider the | ||||||
7 | information and arguments presented and issue a written | ||||||
8 | decision advising all parties of the outcome of the conference. | ||||||
9 | (30 ILCS 570/7.10 new) | ||||||
10 | Sec. 7.10. Employment of Illinois Workers on Public Works | ||||||
11 | Projects Fund. All moneys received by the Department as civil | ||||||
12 | penalties under this Act shall be deposited into the Employment | ||||||
13 | of Illinois Workers on Public Works Projects Fund and shall be | ||||||
14 | used, subject to appropriation by the General Assembly, by the | ||||||
15 | Department for administration, investigation, and other | ||||||
16 | expenses incurred in carrying out its powers and duties under | ||||||
17 | this Act. The Department shall hire as many investigators and | ||||||
18 | other personnel as may be necessary to carry out the purposes | ||||||
19 | of this Act. Any moneys in the Fund at the end of a fiscal year | ||||||
20 | in excess of those moneys necessary for the Department to carry | ||||||
21 | out its powers and duties under this Act shall be available for | ||||||
22 | appropriation to the Department for the next fiscal year for | ||||||
23 | any of the Department's duties. | ||||||
24 | (30 ILCS 570/7.15 new) |
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1 | Sec. 7.15. Private right of action. | ||||||
2 | (a) Any interested party or person aggrieved by a violation | ||||||
3 | of this Act or any rule adopted under this Act may file suit in | ||||||
4 | circuit court, in the county where the alleged offense occurred | ||||||
5 | or where any party to the action resides, without regard to | ||||||
6 | exhaustion of any alternative administrative remedies provided | ||||||
7 | in this Act. Actions may be brought by one or more persons or | ||||||
8 | entities for and on behalf of themselves and other persons or | ||||||
9 | entities similarly situated. A person or entity whose rights | ||||||
10 | have been violated under this Act is entitled to collect: | ||||||
11 | (1) attorney's fees and costs; and | ||||||
12 | (2) compensatory damages in an amount not to exceed | ||||||
13 | $1,000 for each violation of this Act or any rule adopted | ||||||
14 | under this Act. Each violation of this Act for each worker | ||||||
15 | and for each day the violation continues constitutes a | ||||||
16 | separate and distinct violation. | ||||||
17 | (b) The right of an interested party or aggrieved person to | ||||||
18 | bring an action under this Section terminates upon the passing | ||||||
19 | of 3 years from the date of completion and acceptance of the | ||||||
20 | public works project in question. | ||||||
21 | (30 ILCS 570/7.20 new) | ||||||
22 | Sec. 7.20. Rulemaking. The Department may adopt reasonable | ||||||
23 | rules to implement and administer this Act. For purposes of | ||||||
24 | this Act, the General Assembly finds that the adoption of rules | ||||||
25 | to implement this Act is deemed an emergency and necessary for |
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1 | the public interest and welfare. | ||||||
2 | (30 ILCS 560/Act rep.) | ||||||
3 | Section 10. The Public Works Preference Act is repealed. | ||||||
4 | Section 15. The State Finance Act is amended by adding | ||||||
5 | Section 5.755 as follows: | ||||||
6 | (30 ILCS 105/5.755 new) | ||||||
7 | Sec. 5.755. The Employment of Illinois Workers on Public | ||||||
8 | Works Projects Fund.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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