SB3027 96TH GENERAL ASSEMBLY

LRB096 18468 JAM 33847 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3027

Introduced 2/4/2010, by Sen. James T. Meeks

SYNOPSIS AS INTRODUCED:

New Act

Creates the Fairness in Public Construction Act. Requires that the State or a State agency or instrumentality ensure that its construction contracts or grants do not include the use of specifications, labor agreements, or other documents that are not neutral as to a bidder's, contractor's, or subcontractor's agreements with labor organizations on the same project or related projects.

A BILL FOR

AN ACT concerning public construction.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Fairness in Public Construction Act.

Section 5. Purpose. The purpose of this Act is to fulfill the State's proprietary objectives in maintaining and promoting the economical, nondiscriminatory, and efficient expenditures of public funds in connection with publicly funded or assisted construction projects. Nothing in this Act shall prohibit employers or other parties covered by the National Labor Relations Act from entering into agreements or engaging in any other activity arguably protected by law, nor shall any aspect of this Act be interpreted in such a way as to interfere with the labor relations of parties covered by the National Labor Relations Act.

Section 10. Definition. For purposes of this Act, the term "project labor agreement" means a multi-employer, multi-union pre-hire agreement designed to systemize labor relations at a construction site that is required by the State or a political subdivision of the State as a condition of a bid specification for a construction project, thereby insuring that all contractors and subcontractors on a project comply with the terms of a union-only agreement.

Section 15. Fairness required. The State, any agency of the State, or any instrumentality thereof, when engaged in procuring or letting contracts for construction of a project, shall ensure that bid specifications, project labor agreements, and other controlling documents entered into, required, or subject to approval by the State, agency, or instrumentality do not:

(1) require or prohibit any bidder, offeror, contractor, or subcontractor to enter into or adhere to agreements with one or more labor organizations on the same or related projects; or

(2) discriminate against any bidder, offeror, contractor, or subcontractor for entering into or refusing to enter into or to remain signatory or otherwise adhere to agreements with one or more labor organizations on the same or related construction projects.

Section 20. Application to grants. The State, any agency of the State, or any instrumentality thereof shall not issue grants or enter into cooperative agreements for construction projects with the condition requiring that bid specifications, project labor agreements, or other controlling documents pertaining to the grant or cooperative agreement contain any of the elements specified in Section 15.

Section 25. Exercise of authority. The State, any agency of the State, or any instrumentality thereof shall exercise such authority as may be required to preclude a grant recipient or party to a cooperative agreement from imposing any of the elements specified in Section 15 in connection with any grant or cooperative agreement awarded or entered into. Nothing in this Act shall prohibit contractors or subcontractors from voluntarily entering into agreements described in Section 15.