Full Text of HB0915 94th General Assembly
HB0915ham001 94TH GENERAL ASSEMBLY
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Labor Committee
Adopted in House Comm. on Feb 24, 2005
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09400HB0915ham001 |
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LRB094 03798 RLC 41468 a |
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| AMENDMENT TO HOUSE BILL 915
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| AMENDMENT NO. ______. Amend House Bill 915 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Project Labor Agreement Act. | 6 |
| Section 5. Purposes. The General Assembly finds that: | 7 |
| (1) The State of Illinois has a compelling interest in | 8 |
| awarding public works contracts so as to ensure the highest | 9 |
| standards of quality and efficiency at the lowest responsible | 10 |
| cost. | 11 |
| (2) A project labor agreement, which is a form of pre-hire | 12 |
| collective bargaining agreement covering all terms and | 13 |
| conditions of employment on a specific project, can ensure the | 14 |
| highest standards of quality and efficiency at the lowest | 15 |
| responsible cost on appropriate public works projects. | 16 |
| (3) The State of Illinois has a compelling interest that a | 17 |
| highly skilled workforce be employed on public works projects | 18 |
| to ensure lower costs over the lifetime of the completed | 19 |
| project for building, repairs, and maintenance. | 20 |
| (4) Project labor agreements provide the State of Illinois | 21 |
| with a guarantee that public works projects will be completed | 22 |
| with highly skilled workers. | 23 |
| (5) Project labor agreements provide for peaceful, orderly | 24 |
| and mutually binding procedures for resolving labor issues |
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LRB094 03798 RLC 41468 a |
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| without labor disruption, which has historically resulted in | 2 |
| significant losttime on construction projects. | 3 |
| (6) Project labor agreements allow public agencies to | 4 |
| predict more accurately the actual cost of the public works | 5 |
| project. | 6 |
| (7) The use of project labor agreements can be of specific | 7 |
| benefit to complex construction projects. | 8 |
| Section 10. Project labor agreements required. | 9 |
| (a) On a project-by-project basis, a State department, | 10 |
| agency, authority, board, or instrumentality that is under the | 11 |
| control of the Governor shall include a project labor agreement | 12 |
| on a public works project where the department, agency, | 13 |
| authority, board, or instrumentality has determined that such | 14 |
| agreement advances the State's interests of cost, efficiency, | 15 |
| quality, safety, timeliness, skilled labor force, and labor | 16 |
| stability or the State's policy to advance minority-owned and | 17 |
| women-owned businesses and minority and female employment. | 18 |
| (b) Where it has been determined that a project labor | 19 |
| agreement is appropriate for a particular public works project, | 20 |
| the State department, agency, authority, board, or | 21 |
| instrumentality responsible for implementing the project shall | 22 |
| in good faith negotiate a project labor agreement with labor | 23 |
| organizations engaged in the construction industry. In the | 24 |
| event that the State department, agency, authority, board, or | 25 |
| instrumentality and the labor organizations engaged in the | 26 |
| construction industry ("the parties") cannot agree to the terms | 27 |
| of the project labor agreement, the Governor shall appoint a | 28 |
| designee to assist the parties in reaching an agreement. | 29 |
| (c) Pursuant to this Act, any project labor agreement: | 30 |
| (1) shall set forth effective, immediate, and mutually | 31 |
| binding procedures for resolving jurisdictional labor | 32 |
| disputes and grievances arising before the completion of | 33 |
| work; |
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| (2) shall contain guarantees against strikes, | 2 |
| lockouts, and similar actions; | 3 |
| (3) shall ensure a reliable source of skilled and | 4 |
| experienced labor; | 5 |
| (4) shall further public policy objectives as to | 6 |
| improved employment opportunities for minorities and women | 7 |
| in the construction industry, to the extent permitted by | 8 |
| State and federal law; | 9 |
| (5) shall permit the selection of the lowest qualified | 10 |
| responsible bidder, without regard to union or non-union | 11 |
| status at other construction sites; | 12 |
| (6) shall be made binding on all contractors and | 13 |
| subcontractors on the public works project through the | 14 |
| inclusion of appropriate bid specifications in all | 15 |
| relevant bid documents; and | 16 |
| (7) shall include such other terms as the parties deem | 17 |
| appropriate. | 18 |
| (d) Any decision to use a project labor agreement in | 19 |
| connection with a public works project by a State department, | 20 |
| agency, authority, board, or instrumentality shall be | 21 |
| supported by a written, publicly disclosed finding by such | 22 |
| department, agency, authority, board, or instrumentality | 23 |
| setting forth the justification for use of the project labor | 24 |
| agreement. | 25 |
| (e) All State departments, agencies, authorities, boards, | 26 |
| and instrumentalities shall ensure that all public works | 27 |
| projects are implemented in a manner consistent with the terms | 28 |
| of this Act and are in full compliance with all statutes, | 29 |
| regulations, and Executive Orders. | 30 |
| (f) Nothing in this Act shall be construed to contravene | 31 |
| any State or federal law or to jeopardize the State's | 32 |
| entitlement to federal funding. If any provision of this Act or | 33 |
| its application to any person or circumstance is held invalid | 34 |
| by any court of competent jurisdiction, this invalidity does |
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| not affect any other provision or application of this Act that | 2 |
| can be given effect without the invalid provision or | 3 |
| application. To achieve this purpose, the provisions of this | 4 |
| Act are declared to be severable.
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
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