093_SB0073

 
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 1        AN ACT concerning State Government.

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

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Public Service Accountability Act.

 6        Section  5.  Legislative  intent.   The legislature finds
 7    that using private contractors  to  provide  public  services
 8    formerly provided by public employees does not always promote
 9    the  public  interest.  To ensure that citizens of this State
10    receive high quality public services at a low cost, with  due
11    regard   for   the  taxpayers  of  this  State,  the  service
12    recipients, and the needs of public and private workers,  the
13    legislature  finds  it  necessary  to  regulate privatization
14    contracts and to protect those workers who report  conditions
15    and  practices  that  impact on the efficiency and quality of
16    public  services  provided  by   private   contractors.   The
17    legislature  further finds it necessary to ensure that access
18    to  public  information  guaranteed   by   the   Freedom   of
19    Information  Act  is not in any way hindered by the fact that
20    public services are provided by private contractors.

21        Section 10.  Definitions.  For purposes of this Act:
22        "State agency" or "agency"  means  an  executive  office,
23    department,  division,  board, commission, or other office or
24    officer in the executive branch of State government.
25        "Employee  of  a  private  contractor"  means  a   worker
26    directly employed by a private contractor or subcontractor or
27    an  independent contractor that provides supplies or services
28    to a private contractor.  This term includes former employees
29    of  a  private  contractor  or   subcontractor   and   former
30    independent contractors.
 
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 1        "Discrimination   or   retaliation"   means   a   threat,
 2    intimidation,  or  any adverse change in an employee's wages,
 3    benefits, or terms or conditions of employment as a result of
 4    the employee reporting a violation of this Act. In  the  case
 5    of a person who is not an employee of the private contractor,
 6    this  term  includes  any  adverse  action  taken against the
 7    person or the person's employer, including  the  cancellation
 8    of  or  refusal  to  renew  a contract with the person or the
 9    person's employer.
10        "Services" means, with respect to a  private  contractor,
11    all  aspects  of  the  provision  of  services  provided by a
12    private contractor pursuant to a privatization  contract,  or
13    any  services  provided  by  a  subcontractor  of  a  private
14    contractor.
15        "Person"   means  an  individual,  institution,  federal,
16    State, or local governmental entity, or any other  public  or
17    private entity.
18        "Privatization    contract"   means   an   agreement   or
19    combination   or   series   of   agreements   by   which    a
20    non-governmental  person or entity agrees with a State agency
21    to provide services valued  at  $100,000  or  more  that  are
22    substantially  similar  to  and in lieu of services that have
23    been provided or that could have been provided, in  whole  or
24    in part, by regular employees of an agency.
25        "Private  contractor" means any entity that enters into a
26    privatization contract  as  that  term  is  defined  in  this
27    Section.
28        "Public   employee"   means  an  employee  of  any  State
29    department or agency.
30        "Public record" means to a public record  as  defined  in
31    the  Freedom  of  Information  Act,  and  also  includes  any
32    document   relating   to   the   privatization   contract  or
33    performance  under  the  privatization  contract,   prepared,
34    received,  or  retained  by  a  contractor  or  subcontractor
 
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 1    whether  that  document be handwritten, typed, tape-recorded,
 2    printed, photocopied, photographed, or recorded by any  other
 3    method.
 4        "Subcontractor"   means  a  subcontractor  of  a  private
 5    contractor for work under  a  privatization  contract  or  an
 6    amendment to a privatization contract.

 7        Section 15.  Privatization contracts; requirements.
 8        (a)  No   State   agency  shall  make  any  privatization
 9    contract and no privatization contract shall be valid  unless
10    the   State   agency  and  the  contractor  comply  with  the
11    requirements of this Act, including listing  those  specified
12    provisions  in the privatization contract as required by this
13    Act.
14        (b)  The State agency shall prepare  a  specific  written
15    statement   of   the   services  to  be  provided  under  the
16    privatization contract, including the specific  quantity  and
17    standard of quality of the subject services. The agency shall
18    solicit   competitive   sealed  bids  for  the  privatization
19    contract based upon this statement. This statement shall be a
20    public record, shall be filed in the  agency,  and  shall  be
21    published  in  the  State register not later than 30 business
22    days prior to the date  on  which  bids  are  due.   The  day
23    designated  by  the  agency  for  accepting these sealed bids
24    shall be the same for all parties.
25        (c) Every bid shall detail:
26             (1) The length of continuous employment  of  current
27        employees  with  the  contractor  by  job  classification
28        without  identifying  employee  names.  In  addition, the
29        contractor may submit information detailing the  relevant
30        prior   experience   of   employees   within   each   job
31        classification. If the positions identified by the bidder
32        shall  be  newly  created,  the  bid  shall  identify the
33        minimum requirements for prospective applicants for  each
 
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 1        of these position;
 2             (2) The annual rate of current staff turnover;
 3             (3) The number of hours of training planned for each
 4        employee in subject matters directly related to providing
 5        services to State residents and clients;
 6             (4)  any  legal  complaints issued by an enforcement
 7        agency of this state  or  any  other  State  for  alleged
 8        violations  of applicable federal, state, or local rules,
 9        regulations, or laws, including laws  governing  employee
10        safety  and health, labor relations, and other employment
11        requirements,  and  any  citations,  court  findings,  or
12        administrative findings for violations of federal, state,
13        or local rules, regulations,  or  laws.  The  information
14        must  include: (i) the date; (ii) the enforcement agency;
15        (iii) the rule, law, or regulation involved; and (iv) any
16        additional information the contractor may wish to submit;
17             (5)  any   collective   bargaining   agreements   or
18        personnel  policies  covering  the employees that provide
19        services to the State; and
20             (6) political contributions made by  the  bidder  or
21        any  employee  in  a management position with the bidding
22        company to any elected officer of the State or member  of
23        the State legislature during the 4 years prior to the due
24        date of the bid.
25        (d)  For  each position in which a contractor will employ
26    a person pursuant to the privatization contract, the  minimum
27    compensation to be paid for the position shall be:
28             (1)  the  greater  of the wage rate paid at step one
29        of the grade or  classification  under  which  an  agency
30        employee  whose  duties are most similar is paid plus the
31        cash value of health and other benefits provided  to  the
32        State employees; or
33             (2)  the private sector compensation rate, including
34        the value of health and other benefits, for that position
 
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 1        as determined by the Department of Labor.
 2        (e)  The  term  of  any  privatization contract shall not
 3    exceed 2 years.
 4        (f)  No amendment to a privatization  contract  shall  be
 5    valid  if it has the purpose or effect of avoiding any of the
 6    requirements of this Act.
 7        (g)  Every   privatization   contract    shall    contain
 8    provisions   requiring  the  contractor  to  offer  available
 9    employee positions pursuant  to  the  contract  to  qualified
10    regular  employees  of  the  agency whose State employment is
11    terminated  because  of  the  privatization  contract.  Every
12    contract  shall  also  contain   provisions   requiring   the
13    contractor  to  comply with a policy of nondiscrimination and
14    equal employment opportunity for  all  persons  and  to  take
15    affirmative  steps  to  provide  equal  opportunity  for  all
16    persons.
17        (h)  Every    privatization    contract   shall   contain
18    provisions regarding the process for determining  whether  or
19    not  to  disclose a particular record or type of record.  The
20    privatization contract shall specify who is  responsible  for
21    determining  whether  or not disclosure is required and shall
22    outline the liability of the  parties  to  the  contract  for
23    failure to disclose as required by the Freedom of Information
24    Act.

25        Section 20. Review of contract costs.
26        (a)  Any State agency considering whether to enter into a
27    privatization  contract shall prepare a comprehensive written
28    estimate of the costs of regular agency employees'  providing
29    the  subject  services in the most cost-efficient manner. The
30    estimate shall include  all  direct  and  indirect  costs  of
31    regular  agency  employees  providing  the  subject  services
32    including,  but not limited to, pension, insurance, and other
33    employee benefit costs. For the purpose of this estimate, any
 
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 1    employee organization may, at any time before the  final  day
 2    for  the agency to receive sealed bids, propose amendments to
 3    any relevant collective bargaining agreement to which it is a
 4    party. Any amendments shall take effect only if necessary  to
 5    reduce   the  cost  estimate.   This  estimate  shall  remain
 6    confidential until after the final  day  for  the  agency  to
 7    receive  sealed  bids for the privatization contract at which
 8    time the estimate shall become  a  public  record,  shall  be
 9    filed  with  the  agency, and shall be published in the State
10    register.
11        (b)  Any State agency  required  to  complete  a  written
12    estimate of costs evaluation as detailed in subsection (a) of
13    this Section shall also prepare a community impact evaluation
14    that  shall  be  submitted  to  the General Assembly when the
15    issuance of a privatization  contract  would  result  in  the
16    closure of a State facility or the layoff of the lesser of 50
17    employees  or 50% of the staff of a State facility or agency.
18    A community impact evaluation shall also be submitted to  the
19    General   Assembly   when  a  private  entity  that  holds  a
20    privatization contract with a State agency  seeks  to  layoff
21    the  lesser  of  50  employees or 50% of the staff performing
22    work pursuant to the  privatization  contract.   Any  time  a
23    community impact evaluation is required pursuant to this Act,
24    a  report shall be presented to the General Assembly no later
25    than  3  months  prior  to  the   planned   issuance   of   a
26    privatization  contract  or  the implementation of a facility
27    closure or the layoff  of  employees.  The  community  impact
28    evaluation  shall  be  in the form of a report to the General
29    Assembly and shall  include,  but  not  be  limited  to,  the
30    following:
31             (1)  State revenues expected to be saved as a result
32        of the proposed layoff or facility or agency closing;
33             (2)  the  rationale  for  the  layoff or facility or
34        agency closing;
 
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 1             (3)  the function and duties of the State  employees
 2        that will be laid-off;
 3             (4)  whether  the  function  and duties of the State
 4        employees to be laid-off will  be  performed  by  another
 5        section of State government, and if so, which section;
 6             (5)  the  economic impact on the community where the
 7        proposed layoff or closure of a  facility  or  agency  is
 8        located;
 9             (6)  the  analyses of current and projected economic
10        and labor conditions of the communities affected  by  the
11        proposed layoff or facility or agency closure;
12             (7)  any  other  data  that pertains to the economic
13        and labor impacts on Illinois communities as a result  of
14        the proposed layoff or facility or agency closing; and
15             (8)  any  other  data  that the General Assembly may
16        request concerning the proposed  layoff  or  facility  or
17        agency closing.
18        (c)  After  soliciting  and  receiving  bids,  the agency
19    shall publicly designate the bidder to which it  proposes  to
20    award  the privatization contract. In selecting a contractor,
21    the agency shall consider the contractors'  past  performance
22    and its record in this State or any other state of compliance
23    with   federal,   state,   and   local  laws,  including  the
24    disclosures required by this Act.
25        (d)  The agency shall  prepare  a  comprehensive  written
26    analysis  of the contract cost based upon the designated bid,
27    specifically including the costs of transition from public to
28    private operation, of additional unemployment and  retirement
29    benefits,   if   any,   and   of   monitoring  and  otherwise
30    administering contract performance. If the designated  bidder
31    proposes  to  perform  any or all of the contract outside the
32    boundaries of the State, the contract cost shall be increased
33    by the amount of income tax revenue, if  any,  that  will  be
34    lost  to the State by the corresponding elimination of agency
 
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 1    employees, as determined by the Department of Revenue to  the
 2    extent that it is able to do so.
 3        (e)  The  head  of  the  agency  shall certify in writing
 4    that:
 5                  (1) he or she has complied with all  provisions
 6             of this Section and of all other applicable laws;
 7                  (2)  the quality of the services to be provided
 8             by the designated bidder is likely  to  satisfy  the
 9             quality   requirements  of  the  statement  prepared
10             pursuant to this Act, and to  equal  or  exceed  the
11             quality  of  services  that  could  be  provided  by
12             regular agency employees;
13                  (3) the contract cost will be at least 10% less
14             than  the  estimated  cost,  taking into account all
15             comparable types of costs  and  all  the  additional
16             costs of the contract as specified in this Act; and
17                  (4)  the  proposed privatization contract is in
18             the public interest and meets the applicable quality
19             and fiscal standards set forth in this Act.
20        Any privatization contract entered into by a State agency
21    and the agency  certification  described  above  shall  be  a
22    public  record  and  subject  to  disclosure  pursuant to the
23    Freedom of Information Act.

24        Section 25.  Monitoring and enforcement of  privatization
25    contracts.
26        (a)  No  contractor  shall  award  a subcontract for work
27    under a contract or an amendment to a  contract  without  the
28    approval  of  the  selection  of  the  subcontractor  and the
29    provisions of the subcontract by agency head or  his  or  her
30    designee.
31        (b)  Each  contractor  shall  file  a  copy  of  executed
32    subcontract  or amendment to the subcontract with the agency.
33    The agency shall maintain the subcontract or amendment  as  a
 
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 1    public record.
 2        (c)  Any   private  contractor  awarded  a  privatization
 3    contract, and  any  subcontractor  to  a  private  contractor
 4    subject  to these provisions, shall file with the agency head
 5    copies of financial audits of the private contractor prepared
 6    by independent, certified public auditors at  least  annually
 7    during the course of the contract term.
 8        (d)  All privatization contracts shall include a contract
 9    provision  specifying  that  in order to determine compliance
10    with these principles, as well as the contract,  the  private
11    contractor  shall  be  required  to  provide the State or its
12    agents  reasonable  access  through  representatives  of  the
13    private contractor to facilities, records, and employees that
14    are used  in  conjunction  with  the  provision  of  contract
15    services,  except  where prohibited by federal or State laws,
16    regulations, or rules.
17        (e)  The private contractor shall submit  a  report,  not
18    less  than  annually  during  the  term  of the privatization
19    contract, detailing the extent to which  the  contractor  has
20    achieved the specific quantity and standard of quality of the
21    subject   services   as  specified  by  the  agency  and  its
22    compliance with all federal, State, and local laws  including
23    any    complaints,   citations,   or   findings   issued   by
24    administrative agencies or courts.
25        (f)  The State agency may seek contractual  remedies  for
26    any  violation of a privatization contract. In addition, if a
27    contractor  fails  to  comply  with   the   wage   standards,
28    employment  provisions  or  union provisions in this Act, any
29    person or entity aggrieved by the violation may bring a claim
30    for equitable and other  relief  including  backpay.  In  any
31    lawsuit  brought  for  reasons  listed in this subsection, an
32    aggrieved person or entity shall be  entitled  to  costs  and
33    attorney fees.
 
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 1        Section 30.  Compliance; privacy actions.
 2        (a)  Public  records  that  a  contractor, subcontractor,
 3    employee, or agent possesses, modifies, or  creates  pursuant
 4    to  a  privatization  contract shall at all times and for all
 5    purposes remain the property of  the  State.   A  contractor,
 6    subcontractor,   employee,   or  agent  of  a  contractor  or
 7    subcontractor shall have no ownership rights or  interest  in
 8    any   public  records  that  the  contractor,  subcontractor,
 9    employee, or agent possesses, modifies, or  creates  pursuant
10    to  a  contract,  subcontract,  or amendment to a contract or
11    subcontract and shall not impair the integrity of any  public
12    record that the contractor, subcontractor, employee, or agent
13    possesses or creates.
14        (b)  Any  public record that a State agency provides to a
15    contractor  or  subcontractor  or  that   a   contractor   or
16    subcontractor creates shall be and remain a public record for
17    the  purposes  of  the  Freedom  of  Information  Act and the
18    enforcement provisions of that law shall apply to any failure
19    to disclose records under this Section.
20        (c)  A private contractor who fails to disclose a  record
21    that  the  privatization contract requires to be disclosed or
22    that the State agency directs to be disclosed shall be liable
23    to the State agency  for  any  fines  or  penalties  assessed
24    against  the  agency  for  the  violation  of  the Freedom of
25    Information Act concerning that record.
26        (d) No contractor or subcontractor or employee  or  agent
27    of a contractor or subcontractor shall disclose to the public
28    any  public  records  that it possesses, modifies, or creates
29    pursuant to  a  contract,  subcontract,  or  amendment  to  a
30    contract and that the State agency:
31             (1)  is prohibited from disclosing pursuant to State
32        or federal law in all cases;
33             (2) may disclose pursuant to State  or  federal  law
34        only  to certain entities or individuals or under certain
 
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 1        conditions; or
 2             (3) may withhold from disclosure pursuant  to  State
 3        or  federal law. No provision of this subsection shall be
 4        construed to  prohibit  any  contractor  from  disclosing
 5        public  records to any of its subcontractors to carry out
 6        the purposes of its subcontract.
 7        (e) No contractor, subcontractor, employee, or agent of a
 8    contractor or subcontractor shall sell, market, or  otherwise
 9    profit  from the disclosure or use of any public records that
10    are in its possession pursuant to a contract, subcontract, or
11    amendment to a contract or subcontract, except as  authorized
12    in the contract, subcontract, or amendment.
13        (f) Any contractor or subcontractor, or employee or agent
14    of   a  contractor  or  subcontractor,  that  learns  of  any
15    violation of the provisions of this Act shall, no later  than
16    7  calendar  days after learning of the violation, notify the
17    agency head and the Attorney General of the violation.
18        (g)  In addition  to  any  remedies  provided  under  the
19    Freedom  of  Information  Act,  if  any  person  violates any
20    provision of subsections (a) or  (b)  of  this  Section,  the
21    Attorney  General  may  bring  an  action against that person
22    seeking damages on behalf of the  State  for  the  violation,
23    restitution for damages suffered by any person as a result of
24    the  violation, or imposition and recovery of a civil penalty
25    of not more than $50,000 for the violation.
26        In addition to the remedies that may be  brought  by  the
27    Attorney  General, any person aggrieved by a violation of any
28    provision of subsections (a) or (b) of this Section may bring
29    an action in any State court to recover any damages  suffered
30    as a result of the violation.
31        In  any  action  brought under this subsection, the court
32    may:
33             (1) order  disgorgement  of  any  profits  or  other
34        benefits  derived  as  a  result  of  a  violation of any
 
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 1        provision of subsections (a) or (b) of this Section;
 2             (2) award punitive damages,  costs,  and  reasonable
 3        attorneys fees; and
 4             (3)  order  injunctive  or  other  equitable relief.
 5        Proof of public interest or public injury  shall  not  be
 6        required in any action brought under this subsection (g).
 7        No  action  may  be  brought  more than 3 years after the
 8        occurrence of the violation.
 9        Any person  who  knowingly  and  willfully  violates  any
10    provision  of  subsections  (a)  or  (b) shall be guilty of a
11    Class 3 felony.

12        Section 35.  Prohibition against discrimination.
13        (a)  No person shall retaliate  or  discriminate  in  any
14    manner  against  any public employee or employee of a private
15    contractor because that employee, or  any  person  acting  on
16    behalf of the employee, acting in good faith:
17             (1)   engaged   in  any  disclosure  of  information
18        relating to the services provided by a private contractor
19        pursuant to a privatization contract;
20             (2) advocated on behalf of service  recipients  with
21        respect  to  the care or services provided by the private
22        contractor; or
23             (3) initiated, cooperated, or otherwise participated
24        in any investigation or proceeding  of  any  governmental
25        entity  relating  to  the services provided pursuant to a
26        privatization contract.
27        (b)  No person shall retaliate  or  discriminate  in  any
28    manner  against  any public employee or employee of a private
29    contractor because the  employee  has  attempted  or  has  an
30    intention  to engage in an action described in subsection (a)
31    of this Section.
32        (c)  No person shall by contract,  policy,  or  procedure
33    prohibit  or  restrict  any  employee of a private contractor
 
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 1    from engaging in any action for which  a  protection  against
 2    discrimination or retaliation is provided under this Section.
 3        (d)  This Section does not protect disclosures that would
 4    violate federal or State law or diminish or impair the rights
 5    of  any person to the continued protection of confidentiality
 6    of communications provided by State or federal law.
 7        (e)  With respect to the conduct described in  subsection
 8    (a)  of  this  Section,  an  employee of a private contractor
 9    shall be considered  to  be  acting  in  good  faith  if  the
10    employee reasonably believes that the information is true and
11    the  information  disclosed  by the employee: (i) evidences a
12    violation of any law, rule, or regulation, or of a  generally
13    recognized professional or clinical standard; or (ii) relates
14    to   the  care,  services,  or  conditions  that  potentially
15    endanger one or  more  recipients  of  service  or  employees
16    employed pursuant to a privatization contract.
17        (f)  The  identity of an employee of a private contractor
18    who complains  in  good  faith  to  a  government  agency  or
19    department or any member or employee of the State legislature
20    about   the   quality  of  services  provided  by  a  private
21    contractor  shall  remain  confidential  and  shall  not   be
22    disclosed  by  any  person  except  upon  the knowing written
23    consent of the employee of the private contractor and  except
24    in  the  case  where  there  is  imminent danger to health or
25    public safety or an imminent violation of criminal law.
26        (g)  Any current or former public employee or employee of
27    a private contractor who believes that he  or  she  has  been
28    retaliated   or   discriminated   against   in  violation  of
29    subsections (a), (b), or (c) of this Section may file a civil
30    action in any State court of competent  jurisdiction  against
31    the person believed to have violated these subsections.
32        (h)  If  the  court  determines  that a violation of this
33    Section has occurred, the court shall award any damages  that
34    result  from the unlawful act or acts, including compensatory
 
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 1    damages, reinstatement, reimbursement of any  wages,  salary,
 2    employment  benefits, or other compensation denied or lost to
 3    such employee by reason of the violation, as well as punitive
 4    damages, attorneys' fees, and costs, including expert witness
 5    fees. The court shall award interest on the amount of damages
 6    awarded at the prevailing rate.
 7        (i) The  court  may  issue  temporary,  preliminary,  and
 8    permanent  injunctive  relief  restraining violations of this
 9    Act, including  the  restraint  of  any  withholding  of  the
10    payment  of  wages,  salary,  employment  benefits,  or other
11    compensation, plus interest, found by the court to be due and
12    the restraint of any other change in the terms and conditions
13    of employment and may award any other equitable relief as may
14    be  appropriate,  including  employment,  reinstatement,  and
15    promotion.
16        (j) An action may be brought under  this  subsection  not
17    later  than  2  years  after  the  date  of  the  last  event
18    constituting  the  alleged  violation for which the action is
19    brought.
20        (k)  Any person who violates a provision  of  subsections
21    (a),  (b), or (c) of this Section shall be subject to a civil
22    penalty of not to  exceed  $10,000  for  each  violation.  In
23    determining  the amount of any penalty under this subsection,
24    the appropriateness  of  the  penalty  to  the  size  of  the
25    business  of  the  person  charged  and  the  gravity  of the
26    violation shall be considered.  The  amount  of  any  penalty
27    under  this  subsection,  when  finally  determined,  may  be
28    deducted  from  any  sums  owing  by  the state to the person
29    charged or ordered to be paid to the  employee  or  employees
30    who suffered retaliation or discrimination, as ordered by the
31    court.
32        (l)  In  any  civil  action  brought  under this Act, the
33    complainant shall have the initial burden of making  a  prima
34    facie showing that any behavior described in subsections (a),
 
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 1    (b),  or (c) of this Section was a contributing factor in the
 2    adverse action or inaction alleged in the complaint. A  prima
 3    facie  case  shall be established if the complainant can show
 4    that the  respondent  knew  of  the  complainant's  protected
 5    activities at the time that the alleged unfavorable action or
 6    inaction  was  taken  and  the discriminatory action occurred
 7    within a period  of  time  that  a  reasonable  person  could
 8    conclude  that an activity protected by subsections (a), (b),
 9    or (c) of this Section  was  a  contributing  factor  in  the
10    discriminatory treatment.  Once the complainant establishes a
11    prima  facie  case,  the  burden  shifts to the respondent to
12    demonstrate, by clear and convincing evidence, that it  would
13    have taken the same adverse action or inaction in the absence
14    of such behavior.
15        (m)  Each  private contractor shall post and keep posted,
16    in conspicuous  places  on  its  premises  where  notices  to
17    employees  and  applicants  for  employment  are  customarily
18    posted,   a  notice,  to  be  prepared  or  approved  by  the
19    secretary, setting forth excerpts from, or summaries of,  the
20    pertinent  provisions  of this Act and information pertaining
21    to the filing of a charge under this Section.   Any  employer
22    that  willfully violates this Section may be assessed a civil
23    penalty not to exceed $100 for each separate offense.

24        Section 40.  Nonpreemption.  Nothing in this Act preempts
25    any other law, and nothing in this Act shall be construed  or
26    interpreted to impair or diminish in any way the authority of
27    any  locality,  municipality  or  subdivision  to  enact  and
28    enforce   any   law   that  provides  equivalent  or  greater
29    protections for its employees.

30        Section 45.  Severability.  If any provision of this  Act
31    or  its application to any person or circumstances is held to
32    be invalid, the invalidity of that provision  or  application
 
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 1    does  not affect other provisions or applications of this Act
 2    that can be given effect without  the  invalid  provision  or
 3    application.

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