Rep. Daniel V. Beiser
Filed: 3/17/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 6349 




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    AMENDMENT NO. ______. Amend House Bill 6349 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Employment of Illinois Workers on Public 
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Works Act is amended  by changing Sections 0.01, 1, 1.1, 2, 3, 
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4, 5, 6, and 7 and  by adding Sections 7.05, 7.10, 7.15, and 
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7.20  as follows:
 



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    (30 ILCS 570/0.01)  (from Ch. 48, par. 2200)



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    Sec. 0.01. Short title. This Article 2 Act may be cited as 
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the
Employment of Illinois Workers on Public Works Act. In this 
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Article 2, references to this Act mean this Article 2. 

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(Source: P.A. 86-1324.)

 
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    (30 ILCS 570/1)  (from Ch. 48, par. 2201)
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    Sec. 1. Definitions. For the purposes of Article 2 of this 
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Act, the following words have
the meanings ascribed to them in 
 


 






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this Section.
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    (1) "Illinois laborer" refers to any person who has resided 
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in Illinois
for at least 30 days and intends to become or 
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remain an Illinois resident.
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    (2) "A period of excessive unemployment" means any month 
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immediately
following 2 consecutive calendar months during 
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which the level of unemployment
in the State of Illinois has 
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exceeded 5% as measured by the United States
Bureau of Labor 
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Statistics in its monthly publication of employment and

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unemployment figures.
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    (3) "Hazardous waste" has the definition ascribed to it in 
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Section 3.220 of
the Illinois Environmental Protection Act, 
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approved June 29, 1970,
as amended.
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    (4) "Interested party" means a person or entity with an 
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interest in compliance with this Act.
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    (5) "Entity" means any sole proprietor, partnership, firm, 
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corporation, limited liability company, association, or other 
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business enterprise; however, the term "entity" does not 
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include (i) the State of Illinois or its officers, agencies, or 
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political subdivisions or (ii) the federal government.
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    (6) "Public works" means any fixed work construction or 
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improvement for the State of Illinois or any political 
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subdivision of the State if that fixed work construction or 
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improvement is funded or financed in whole or in part with 
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State funds or funds administered by the State of Illinois.
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(Source: P.A. 92-574, eff. 6-26-02.)
 
 


 






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    (30 ILCS 570/1.1)  (from Ch. 48, par. 2201.1)
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    Sec. 1.1. Findings. The General Assembly finds and declares 
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that unemployment in the
Illinois construction industry has 
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traditionally tended to be higher in those counties which

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border upon other states.  Further, the General Assembly finds 
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and declares
that the over-utilization of out-of-state 
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laborers on public works projects
or improvements for the State 
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of Illinois or any political subdivision,
municipal 
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corporation or other governmental units thereof is a 
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contributing
factor to higher levels of unemployment both in 
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the border counties and
throughout Illinois.  It is the public 
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policy of this State and the
objective of this Act to promote 
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the general welfare of the people of this
State by ensuring 
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that Illinois laborers are utilized to the greatest
extent 
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possible on public works projects or improvements for the State 
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of
Illinois or any political subdivision, municipal 
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corporation or other
governmental units thereof.  To this end, 
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this Act shall be liberally
construed to effectuate its 
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purpose.
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(Source: P.A. 87-377.)
 
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    (30 ILCS 570/2)  (from Ch. 48, par. 2202)
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    Sec. 2. Applicability. This Article 2 of this Act applies 
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to all labor on public works projects or
improvements, 
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including projects involving the clean-up and on-site disposal 
 


 






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of
hazardous waste, but excluding emergency response or 
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immediate removal
activities, whether skilled,
semi-skilled or 
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unskilled, whether manual or non-manual.
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(Source: P.A. 86-1015.)
 
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    (30 ILCS 570/3)  (from Ch. 48, par. 2203)
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    Sec. 3. Employment of Illinois laborers. Whenever there is 
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a period of excessive unemployment in Illinois,
every person or 
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entity that who is charged with the duty, either by law or

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contract, of:
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    (1) constructing or building any public works, as defined 
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in this Act; project or
improvement or 
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    (2) for the clean-up and on-site disposal of hazardous 
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waste for the
State of Illinois or any political subdivision of 
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the State, if that  clean-up or on-site disposal is funded or 
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financed in whole or in part with State funds or funds 
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administered by the State of Illinois,
municipal corporation or 
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other governmental unit thereof shall employ at least 90% only

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Illinois laborers on such project.  Any public works project 
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financed in whole or in part by federal funds administered by 
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the State of Illinois is covered under the provisions of this 
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Act, to the extent permitted by any applicable federal law or 
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regulation. Every public works or improvement, and every 
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contract let by
any such person shall contain a provision 
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requiring that such labor be
used: Provided, that other 
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laborers may be used when Illinois laborers as
defined in this 
 


 






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Act are not available, or are incapable of performing the

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particular type of work involved, if so certified by the 
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contractor and
approved by the contracting officer.
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(Source: P.A. 86-1015.)
 
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    (30 ILCS 570/4)  (from Ch. 48, par. 2204)
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    Sec. 4. Non-resident executive and technical experts. 
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Every contractor on a public works project or improvement or

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hazardous waste clean-up and on-site disposal project in this

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State may place on such work no more than 3, or 6 in the case of 
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a
hazardous waste clean-up and on-site disposal project, of his 
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regularly
employed non-resident executive and technical 
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experts, even though they do
not qualify as Illinois laborers 
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as defined in Section 1 of Article 2 of this Act.
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(Source: P.A. 86-1015.)
 
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    (30 ILCS 570/5)  (from Ch. 48, par. 2205)
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    Sec. 5. Expenditure of federal funds.  
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    (a) In all contracts involving the expenditure of federal

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aid funds in relation to a public works project or improvement, 
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Article 2 of
this Act shall not be enforced in such manner as 
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to conflict with any
federal statutes or rules and regulations.
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    (b) When federal expenditures
are used in combination with 
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State expenditures for clean-up and on-site disposal
of 
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hazardous waste, it shall be the responsibility of the Illinois 
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Environmental
Protection Agency to notify, with respect to such 
 


 






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project,  any Illinois
hazardous waste cleanup contractor who 
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has requested such notification
of the date when bids will be 
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accepted for such projects
 and the requirements necessary to 
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successfully compete for such projects.
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(Source: P.A. 86-1015.)
 
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    (30 ILCS 570/6)  (from Ch. 48, par. 2206)
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    Sec. 6. Penalties. Any person or entity that violates the 
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provisions of this Act is subject to a civil penalty in an 
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amount not to exceed $1,000 for each violation found in the 
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first investigation by the Department, not to exceed $5,000 for 
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each violation found in the second investigation by the 
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Department, and not to exceed $15,000 for a third or subsequent 
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violation found in any subsequent investigation by the 
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Department. Any person who knowingly fails to use Illinois 
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laborers as
required in Article 2 of this
Act, shall be guilty 
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of a Class C misdemeanor. Each violation of this Act for each 
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worker and for each day the violation continues constitutes 
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separate case of
failure to use Illinois laborers on such 
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public works projects or
improvements or for the clean-up and 
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on-site disposal of hazardous waste shall
constitute a separate 
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and distinct violation offense. In determining the amount of 
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the penalty, the Department shall consider the appropriateness 
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of the penalty to the person or entity charged, upon 
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determination of the gravity of the violations.  The collection 
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of these penalties shall be enforced in a civil action brought 
 


 






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by the Attorney General on behalf of the Department. 
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(Source: P.A. 86-1015.)
 
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    (30 ILCS 570/7)  (from Ch. 48, par. 2207)
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    Sec. 7. Enforcement.  It is the duty of the Department to 
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enforce the provisions of this Act.  The Department has the 
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power to conduct investigations in connection with the 
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administration and enforcement of this Act, and any 
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investigator with the Department is authorized to visit and 
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inspect, at all reasonable times, any places covered by this 
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Act and is authorized to inspect, at all reasonable times, 
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documents related to the determination of whether a violation 
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of the Act exists. The Department may compel, by subpoena, the 
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attendance and testimony of witnesses and the production of 
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books, payrolls, records, papers, and other evidence in any 
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investigation and may administer oaths to witnesses. The 
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Article 2 of this Act shall be enforced by the Department of 
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Labor, which, as
represented by the Attorney General, is 
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empowered to: (i) issue and cause to be served on any person or 
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entity an order to cease and desist from further violation of 
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this Act, (ii) take affirmative or other action as deemed 
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reasonable to eliminate the effect of the violation, (iii) 
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collect any civil penalties assessed by the Department pursuant 
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to Section 6 of this Act, and (iv) sue for injunctive
relief 
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against the awarding of any contract or the continuation of any 
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work
under any contract for public works or improvements or for 
 


 






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the clean-up
and on-site disposal of hazardous waste at a time 
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when the
provisions of Article 2 of this
Act are not being met.
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(Source: P.A. 86-1015.)
 
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    (30 ILCS 570/7.05 new)
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    Sec. 7.05. Review.  Any party seeking review of the 
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Department's determination may file a written request for an 
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informal conference.  The request must be received by the 
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Department within 15 calendar days after the date of issuance 
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of the Department's determination.  During the conference, the 
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party seeking review may present written or oral information 
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and arguments as to why the Department's determination should 
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be amended or vacated.  The Department shall consider the 
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information and arguments presented and issue a written 
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decision advising all parties of the outcome of the conference.
 
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    (30 ILCS 570/7.10 new)
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    Sec. 7.10. Employment of Illinois Workers on Public Works 
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Projects Fund. All moneys received by the Department as civil 
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penalties under this Act shall be deposited into the Employment 
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of Illinois Workers on Public Works Projects Fund and shall be 
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used, subject to appropriation by the General Assembly, by the 
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Department for administration, investigation, and other 
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expenses incurred in carrying out its powers and duties under 
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this Act. The Department shall hire as many investigators and 
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other personnel as may be necessary to carry out the purposes 
 


 






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of this Act. Any moneys in the Fund at the end of a fiscal year 
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in excess of those moneys necessary for the Department to carry 
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out its powers and duties under this Act shall be available for 
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appropriation  to the Department for the next fiscal year for 
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any of the Department's duties.
 
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    (30 ILCS 570/7.15 new)
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    Sec. 7.15. Private right of action.
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    (a) Any interested party or person aggrieved by a violation 
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of this Act or any rule adopted under this Act may file suit in 
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circuit court, in the county where the alleged offense occurred 
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or where any party to the action resides, without regard to 
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exhaustion of any alternative administrative remedies provided 
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in this Act. Actions may be brought by one or more persons or 
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entities for and on behalf of themselves and other persons or 
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entities similarly situated. A person or entity whose rights 
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have been violated under this Act is entitled to collect:
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        (1) attorney's fees and costs; and
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        (2) compensatory damages in an amount not to exceed 
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    $1,000 for each violation of this Act or any rule adopted 
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    under this Act.  Each violation of this Act for each worker 
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    and for each day the violation continues constitutes a 
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    separate and distinct violation.
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    (b) The right of an interested party or aggrieved person to 
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bring an action under this Section terminates upon the passing 
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of 3 years from the date of completion and acceptance of the 
 


 






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public works project in question. 
 
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    (30 ILCS 570/7.20 new)
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    Sec. 7.20. Rulemaking. The Department may adopt reasonable 
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rules to implement and administer this Act.  For purposes of 
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this Act, the General Assembly finds that the adoption of rules 
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to implement this Act is deemed an emergency and necessary for 
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the public interest and welfare.
 
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    (30 ILCS 560/Act rep.)
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    Section 10. The Public Works Preference Act is repealed.
 
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    Section 15. The State Finance Act is amended by adding 
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Section 5.755 as follows:
 
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    (30 ILCS 105/5.755 new)
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    Sec. 5.755. The Employment of Illinois Workers on Public 
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Works Projects Fund.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".