Full Text of HB1509 96th General Assembly
HB1509ham001 96TH GENERAL ASSEMBLY | Rep. Patrick J. Verschoore Filed: 11/16/2010
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| 1 | | AMENDMENT TO HOUSE BILL 1509
| 2 | | AMENDMENT NO. ______. Amend House Bill 1509 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Project Labor Agreements Act. | 6 | | Section 5. Findings. | 7 | | (a) 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 | | (b) 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 | | (c) The State of Illinois has a compelling interest that a |
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| 1 | | highly skilled workforce be employed on public works projects | 2 | | to ensure lower costs over the lifetime of the completed | 3 | | project for building, repairs, and maintenance. | 4 | | (d) Project labor agreements provide the State of Illinois | 5 | | with a guarantee that public works projects will be completed | 6 | | with highly skilled workers. | 7 | | (e) Project labor agreements provide for peaceful, | 8 | | orderly, and mutually binding procedures for resolving labor | 9 | | issues without labor disruption, preventing significant | 10 | | lost-time on construction projects. | 11 | | (f) Project labor agreements allow public agencies to | 12 | | predict more accurately the actual cost of the public works | 13 | | project. | 14 | | (e) The use of project labor agreements can be of | 15 | | particular benefit to complex construction projects. | 16 | | Section 10. Public works projects. On a project-by-project | 17 | | basis, a State department, agency, authority, board, or | 18 | | instrumentality, that is under the control of the Governor, | 19 | | shall include a project labor agreement on a public works | 20 | | project when that department, agency, authority, board, or | 21 | | instrumentality has determined that the agreement advances the | 22 | | State's interests of cost, efficiency, quality, safety, | 23 | | timeliness, skilled labor force, labor stability, or the | 24 | | State's policy to advance minority-owned and women-owned | 25 | | businesses and minority and female employment. |
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| 1 | | Section 15. Public works projects funded with federal | 2 | | funds. When it has been determined that a project labor | 3 | | agreement is appropriate, and in furtherance of the President's | 4 | | Executive Order 13502, the State department, agency, | 5 | | authority, board, or instrumentality responsible for awarding | 6 | | the project may include a project labor agreement on a public | 7 | | works project funded in whole or in part with federal funds. | 8 | | Section 20. Negotiation of agreement. When it has been | 9 | | determined that a project labor agreement is appropriate for a | 10 | | particular public works project, the State department, agency, | 11 | | authority, board, or instrumentality responsible for awarding | 12 | | the project shall in good faith negotiate a project labor | 13 | | agreement with labor organizations engaged in the construction | 14 | | industry. If the State department, agency, authority, board, or | 15 | | instrumentality and the labor organizations engaged in the | 16 | | construction industry ("the parties") cannot agree to the terms | 17 | | of the project labor agreement, the Governor shall appoint a | 18 | | designee to assist the parties in reaching an agreement. | 19 | | Section 25. Contents of agreement. Pursuant to this Act, | 20 | | any project labor agreement shall: | 21 | | (a) Set forth effective, immediate, and mutually | 22 | | binding procedures for resolving jurisdictional labor | 23 | | disputes and grievances arising before the completion of |
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| 1 | | work. | 2 | | (b) Contain guarantees against strikes, lockouts, | 3 | | or similar actions. | 4 | | (c) Ensure a reliable source of skilled and | 5 | | experienced labor. | 6 | | (d) Further public policy objectives as to | 7 | | improved employment opportunities for minorities and women | 8 | | in the construction industry to the extent permitted by | 9 | | State and federal law. | 10 | | (e) Permit the selection of the lowest qualified | 11 | | responsible bidder, without regard to union or non-union | 12 | | status at other construction sites. | 13 | | (f) Bind all contractors and subcontractors on the | 14 | | public works project through the inclusion of appropriate | 15 | | bid specifications in all relevant bid documents. | 16 | | (g) Include such other terms as the parties deem | 17 | | appropriate. | 18 | | Section 30. Publicly disclosed finding. Any decision to use | 19 | | a project labor agreement in connection with a public works | 20 | | project by a State department, agency, authority, board, or | 21 | | instrumentality shall be supported by a written, publicly | 22 | | disclosed finding by such department, agency, authority, | 23 | | board, or instrumentality, setting forth the justification for | 24 | | use of the project labor agreement. |
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| 1 | | Section 35. Compliance. All State departments, agencies, | 2 | | authorities, boards, and instrumentalities shall ensure that | 3 | | all public works projects are implemented in a manner | 4 | | consistent with the terms of this Act and are in full | 5 | | compliance with all statutes, regulations, and Executive | 6 | | Orders. | 7 | | Section 40. Severability. Nothing in this Act shall be | 8 | | construed to contravene any state or federal law or to | 9 | | jeopardize the State's entitlement to federal funding. If any | 10 | | provision of this Act or its application to any person or | 11 | | circumstance is held invalid by any court of competent | 12 | | jurisdiction, this invalidity does not affect any other | 13 | | provision or application of this Act that can be given effect | 14 | | without the invalid provision or application. To achieve this | 15 | | purpose, the provisions of this Act are declared to be | 16 | | severable. | 17 | | Section 45. The Illinois Procurement Code is amended by | 18 | | changing Section 30-45 as follows:
| 19 | | (30 ILCS 500/30-45)
| 20 | | Sec. 30-45. Other Acts. This Article is subject to | 21 | | applicable
provisions of the following Acts:
| 22 | | (1) the Prevailing Wage Act;
| 23 | | (2) the Public Construction Bond Act;
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| 1 | | (3) the Public Works Employment Discrimination Act;
| 2 | | (4) the Public Works Preference Act (repealed on June | 3 | | 16, 2010 by Public Act 96-929) ;
| 4 | | (5) the Employment of Illinois Workers on Public Works
| 5 | | Act;
| 6 | | (6) the Public Contract Fraud Act; and
| 7 | | (7) the Illinois Construction Evaluation Act ; and | 8 | | (8) the Project Labor Agreements Act .
| 9 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5; revised | 10 | | 10-19-10.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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