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093_SB0461eng
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1 AN ACT concerning State services.
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 State Services Accountability Act.
6 Section 5. Legislative findings and declaration of
7 policy.
8 (a) The purpose of this Act is to set forth a program to
9 better provide goods, services, and public works to the
10 citizens of Illinois by ensuring that tax dollars expended
11 for goods or services or public works are properly used for
12 their allocated purpose. The State of Illinois enters into
13 reimbursement agreements and contracts with and provides
14 grants to private entities (contractors and grantees) for the
15 purpose of purchasing goods, providing services and building
16 or enhancing public works for the citizens of Illinois. The
17 State of Illinois enters into these contracts and provides
18 these grants to provide quality goods, services and public
19 works for the citizens of Illinois.
20 (b) The General Assembly finds that the needs of its
21 citizens cannot be met if the time frame for provision of
22 goods, the schedule for public works of the services provided
23 through reimbursement agreements, contracts, or grant
24 agreements between the State of Illinois and contractors and
25 grantees are subject to disruption and further finds that
26 likelihood of disruption is enhanced where disputes arise
27 over unionization.
28 (c) The General Assembly finds that the development of a
29 stable, well-trained, committed workforce is essential to the
30 provision of quality goods and services to Illinois'
31 citizens.
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1 (d) The General Assembly further finds that the tax
2 dollars intended for appropriated use should not be used to
3 conduct campaigns aimed at influencing the outcome of union
4 representation elections. In addition, staff time, paid with
5 tax dollars, should be spent providing goods or services to
6 Illinois' citizens and not consumed by attending compulsory
7 meetings to influence employees regarding unionization.
8 (e) It is hereby declared to be the policy of the State
9 of Illinois that, to foster the development of a stable,
10 well-trained, committed workforce, the State of Illinois
11 shall prohibit its contractors or grantees from using State
12 funding to influence the decision of their employees to be
13 represented or not be represented by a union.
14 Section 10. Definitions. As used in this Act:
15 "Contractor or grantee" means an individual or entity,
16 other than the State of Illinois, a State agency, or a
17 political subdivision of the State of Illinois, which has a
18 reimbursement agreement or contractual or other relationship
19 with or has received moneys from the State of Illinois or a
20 State agency to provide goods or services, or public works
21 which reimbursement agreement, contract, or grant is funded
22 in whole or in part by the State of Illinois, or through the
23 Medicaid program of the State of Illinois.
24 "Contractor" includes a subcontractor and a contractor of
25 a grantee and any other entity, other than a unit of local
26 government or a school district, that receives State funds
27 for supplying goods or services or public works pursuant to a
28 written contract with the State or any of its agencies and
29 which is controlled in whole or in part by the contractor or
30 an entity in which the contractor has a substantial
31 beneficial interest.
32 "Grantee" includes a sub-grantee and a grantee of a
33 contractor and any other entity which provides goods or
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1 services or public works controlled in whole or in part by
2 the grantee, or an entity in which the grantee has a
3 substantial beneficial interest.
4 "Employee" means a person employed by a contractor or
5 grantee other than a person employed in a bona fide
6 supervisory or managerial position as defined by applicable
7 law.
8 "Labor organization" means an organization of any kind in
9 which employees participate and which exists for the purpose,
10 in whole or in part, of representing employees concerning
11 grievances, labor disputes, wages, rates of pay, benefits,
12 hours of employment, or working conditions.
13 "State funds" means any money provided by the State of
14 Illinois or a State agency.
15 "Public works" means all fixed works constructed for
16 public use by any public body, other than work done directly
17 by any public utility company, whether or not done under
18 public supervision or direction, or paid for wholly or in
19 part out of public funds. "Public works" as defined herein
20 includes all projects financed in whole or in part with bonds
21 issued under the Industrial Project Revenue Bond Act (Article
22 11, Division 74 of the Illinois Municipal Code), the
23 Industrial Building Revenue Bond Act, the Illinois
24 Development Finance Authority Act, the Illinois Sports
25 Facilities Authority Act, or the Build Illinois Bond Act, and
26 all projects financed in whole or in part with loans or other
27 funds made available pursuant to the Build Illinois Act.
28 "Public works" also means, through December 31, 2005, all
29 projects financed in whole or in part with funds from the
30 Fund for Illinois' Future under Section 6z-47 of the State
31 Finance Act, funds for school construction under Section 5 of
32 the General Obligation Bond Act, funds authorized under
33 Section 3 of the School Construction Bond Act, funds for
34 school infrastructure under Section 6z-45 of the State
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1 Finance Act, or funds for transportation purposes under
2 Section 4 of the General Obligation Bond Act.
3 "Public body" means the State or any officer, board or
4 commission of the State or any political subdivision or
5 department thereof, or any institution supported in whole or
6 in part by public funds, authorized by law to construct
7 public works or to enter into any contract for the
8 construction of public works, and includes every county,
9 city, town, village, township, school district, irrigation,
10 utility, reclamation improvement or other district and every
11 other political subdivision, district, or municipality of the
12 State whether such political subdivision, municipality, or
13 district operates under a special charter or not.
14 Section 15. Policy requirements.
15 (a) All contractors and grantees shall certify as part
16 of any State contract, grant, or reimbursement that they will
17 not use State funds to promote, assist, or deter union
18 organizing or to otherwise seek to influence the decision of
19 any of its employees to be represented or not represented by
20 a labor organization, and, with respect to employees engaged
21 in employment that is funded by a State contract, grant, or
22 reimbursement, that they will:
23 (i) not require or prohibit the attendance of
24 employees at any meeting related to union representation;
25 and
26 (ii) not schedule or hold meetings related to union
27 representation during an employee's work time or in work
28 areas.
29 (b) No contractor or grantee shall receive a contract or
30 grant to provide goods or services or public works for the
31 citizens of the State of Illinois unless the contractor or
32 grantee has agreed to provide certification under subsection
33 (a).
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1 (c) Any reimbursement agreement, contract, or grant
2 entered into by and between a contractor or a grantee and the
3 State of Illinois or a State agency to provide goods or
4 services or public works shall include a certification under
5 subsection (a) and an agreement by the contractor or grantee
6 to comply with the terms of the certification under
7 subsection (a).
8 (d) Any contractor or grantee entering into a contract
9 with any person or entity to provide goods or services or
10 public works subject to the contract or grant agreement
11 between the contractor or grantee and the State of Illinois
12 or a State agency shall include in the contract or grant
13 agreement a certification under subsection (a) identical to
14 the certification under subsection (a) in the contract or
15 grant agreement between the contractor or grantee and the
16 State of Illinois or State agency.
17 Section 20. Reporting.
18 (a) Any contractor or grantee who is subject to this Act
19 and who makes expenditures to assist, promote, or deter union
20 organizing shall maintain records sufficient to show that no
21 State funds were used for those expenditures. Expenditures to
22 be included in this record include, but are not limited to,
23 the cost of: literature or other similar communications
24 related to union representation; the hiring of vendors,
25 including lawyers and consultants, for the purpose of
26 influencing a unionization effort; the holding of meetings,
27 including meetings with supervisors and managerial employees,
28 to influence employees regarding unionization; and the wages
29 of employees, including supervisory and management employees,
30 during any activity aimed at influencing a unionization
31 effort or the preparation for the activity.
32 (b) Any taxpayer, employee, or employee representative
33 may file a complaint with the Illinois Attorney General if
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1 the person believes that a contractor or grantee is expending
2 funds in violation of this Act. The Illinois Attorney General
3 shall, within 10 business days after a complaint is filed,
4 notify the contractor or grantee that the contractor or
5 grantee must provide the records described in subsection (a).
6 The contractor or grantee shall provide the records to the
7 Illinois Attorney General within 15 business days after the
8 contractor or grantee receives the notice from the Illinois
9 Attorney General, unless the Illinois Attorney General gives
10 the contractor or grantee a 10-day extension of time to
11 provide the records based upon a showing of good cause for
12 the extension by the contractor or grantee. If the Illinois
13 Attorney General determines that the contractor or grantee
14 has expended funds in violation of this Act, the Illinois
15 Attorney General shall make the records available to the
16 complainant.
17 Section 25. Enforcement.
18 (a) If a contractor or grantee breaches its
19 certification under Section 15 or fails to comply with the
20 reporting requirements of Section 20, the State of Illinois
21 may take any action necessary to enforce compliance,
22 including but not limited to a civil action for injunctive
23 relief, declaratory relief, specific performance, or damages
24 or a combination of those remedies.
25 (b) If the State of Illinois brings an enforcement
26 action for violation of this Act, any person or labor
27 organization with a direct interest in compliance with this
28 Act may join in that enforcement action as a real party in
29 interest.
30 (c) If the State of Illinois declines to institute an
31 action for enforcement for violation of this Act, any person
32 or labor organization with a direct interest in compliance
33 with this Act may institute and enforce a civil action on his
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1 or her or its own behalf against the contractor or grantee
2 and seek injunctive relief, declaratory relief, specific
3 performance, or damages or a combination of those remedies.
4 (d) Remedies for violation of this Act include but are
5 not limited to injunctive and declaratory relief, specific
6 performance, and monetary damages. In view of the difficulty
7 of determining actual damages incurred because of a violation
8 of this Act, liquidated damages shall be awarded at the rate
9 of $1,000 for each violation, plus an additional $500 for
10 each day the violation continues without remedy. All damages
11 shall inure to the benefit of the State of Illinois.
12 Section 30. Construction of Act. Nothing in this Act
13 shall be construed to make a contractor responsible for the
14 actions of a subcontractor.
15 Section 90. Severability. The provisions of this Act are
16 severable under Section 1.31 of the Statute on Statutes.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.
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