HB6349eng 96TH GENERAL ASSEMBLY 







 

 		







HB6349 Engrossed

LRB096 20966 RCE 36810 b






1
    AN ACT concerning finance.

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



 
4
    Section 5. The Employment of Illinois Workers on Public 
5
Works Act is amended  by changing Sections 0.01, 1, 1.1, 2, 3, 
6
4, 5, 6, and 7 and  by adding Sections 7.05, 7.10, 7.15, and 
7
7.20  as follows:
 



8
    (30 ILCS 570/0.01)  (from Ch. 48, par. 2200)



9
    Sec. 0.01. Short title. This Article 2 Act may be cited as 
10
the
Employment of Illinois Workers on Public Works Act. In this 
11
Article 2, references to this Act mean this Article 2. 

12
(Source: P.A. 86-1324.)

 
13
    (30 ILCS 570/1)  (from Ch. 48, par. 2201)
14
    Sec. 1. Definitions. For the purposes of Article 2 of this 
15
Act, the following words have
the meanings ascribed to them in 
16
this Section.
17
    (1) "Illinois laborer" refers to any person who has resided 
18
in Illinois
for at least 30 days and intends to become or 
19
remain an Illinois resident.
20
    (2) "A period of excessive unemployment" means any month 
21
immediately
following 2 consecutive calendar months during 
22
which the level of unemployment
in the State of Illinois has 
 


 






HB6349 Engrossed
- 2 -
LRB096 20966 RCE 36810 b




1
exceeded 5% as measured by the United States
Bureau of Labor 
2
Statistics in its monthly publication of employment and

3
unemployment figures.
4
    (3) "Hazardous waste" has the definition ascribed to it in 
5
Section 3.220 of
the Illinois Environmental Protection Act, 
6
approved June 29, 1970,
as amended.
7
    (4) "Interested party" means a person or entity with an 
8
interest in compliance with this Act.
9
    (5) "Entity" means any sole proprietor, partnership, firm, 
10
corporation, limited liability company, association, or other 
11
business enterprise; however, the term "entity" does not 
12
include (i) the State of Illinois or its officers, agencies, or 
13
political subdivisions or (ii) the federal government.
14
    (6) "Public works" means any fixed work construction or 
15
improvement for the State of Illinois or any political 
16
subdivision of the State if that fixed work construction or 
17
improvement is funded or financed in whole or in part with 
18
State funds or funds administered by the State of Illinois.
19
(Source: P.A. 92-574, eff. 6-26-02.)
 
20
    (30 ILCS 570/1.1)  (from Ch. 48, par. 2201.1)
21
    Sec. 1.1. Findings. The General Assembly finds and declares 
22
that unemployment in the
Illinois construction industry has 
23
traditionally tended to be higher in those counties which

24
border upon other states.  Further, the General Assembly finds 
25
and declares
that the over-utilization of out-of-state 
 


 






HB6349 Engrossed
- 3 -
LRB096 20966 RCE 36810 b




1
laborers on public works projects
or improvements for the State 
2
of Illinois or any political subdivision,
municipal 
3
corporation or other governmental units thereof is a 
4
contributing
factor to higher levels of unemployment both in 
5
the border counties and
throughout Illinois.  It is the public 
6
policy of this State and the
objective of this Act to promote 
7
the general welfare of the people of this
State by ensuring 
8
that Illinois laborers are utilized to the greatest
extent 
9
possible on public works projects or improvements for the State 
10
of
Illinois or any political subdivision, municipal 
11
corporation or other
governmental units thereof.  To this end, 
12
this Act shall be liberally
construed to effectuate its 
13
purpose.
14
(Source: P.A. 87-377.)
 
15
    (30 ILCS 570/2)  (from Ch. 48, par. 2202)
16
    Sec. 2. Applicability. This Article 2 of this Act applies 
17
to all labor on public works projects or
improvements, 
18
including projects involving the clean-up and on-site disposal 
19
of
hazardous waste, but excluding emergency response or 
20
immediate removal
activities, whether skilled,
semi-skilled or 
21
unskilled, whether manual or non-manual.
22
(Source: P.A. 86-1015.)
 
23
    (30 ILCS 570/3)  (from Ch. 48, par. 2203)
24
    Sec. 3. Employment of Illinois laborers. Whenever there is 
 


 






HB6349 Engrossed
- 4 -
LRB096 20966 RCE 36810 b




1
a period of excessive unemployment in Illinois,
every person or 
2
entity that who is charged with the duty, either by law or

3
contract, of:
4
    (1) constructing or building any public works, as defined 
5
in this Act; project or
improvement or 
6
    (2) for the clean-up and on-site disposal of hazardous 
7
waste for the
State of Illinois or any political subdivision of 
8
the State, if that  clean-up or on-site disposal is funded or 
9
financed in whole or in part with State funds or funds 
10
administered by the State of Illinois,
municipal corporation or 
11
other governmental unit thereof shall employ at least 90% only

12
Illinois laborers on such project.  Any public works project 
13
financed in whole or in part by federal funds administered by 
14
the State of Illinois is covered under the provisions of this 
15
Act, to the extent permitted by any applicable federal law or 
16
regulation. Every public works or improvement, and every 
17
contract let by
any such person shall contain a provision 
18
requiring that such labor be
used: Provided, that other 
19
laborers may be used when Illinois laborers as
defined in this 
20
Act are not available, or are incapable of performing the

21
particular type of work involved, if so certified by the 
22
contractor and
approved by the contracting officer.
23
(Source: P.A. 86-1015.)
 
24
    (30 ILCS 570/4)  (from Ch. 48, par. 2204)
25
    Sec. 4. Non-resident executive and technical experts. 
 


 






HB6349 Engrossed
- 5 -
LRB096 20966 RCE 36810 b




1
Every contractor on a public works project or improvement or

2
hazardous waste clean-up and on-site disposal project in this

3
State may place on such work no more than 3, or 6 in the case of 
4
a
hazardous waste clean-up and on-site disposal project, of his 
5
regularly
employed non-resident executive and technical 
6
experts, even though they do
not qualify as Illinois laborers 
7
as defined in Section 1 of Article 2 of this Act.
8
(Source: P.A. 86-1015.)
 
9
    (30 ILCS 570/5)  (from Ch. 48, par. 2205)
10
    Sec. 5. Expenditure of federal funds.  
11
    (a) In all contracts involving the expenditure of federal

12
aid funds in relation to a public works project or improvement, 
13
Article 2 of
this Act shall not be enforced in such manner as 
14
to conflict with any
federal statutes or rules and regulations.
15
    (b) When federal expenditures
are used in combination with 
16
State expenditures for clean-up and on-site disposal
of 
17
hazardous waste, it shall be the responsibility of the Illinois 
18
Environmental
Protection Agency to notify, with respect to such 
19
project,  any Illinois
hazardous waste cleanup contractor who 
20
has requested such notification
of the date when bids will be 
21
accepted for such projects
 and the requirements necessary to 
22
successfully compete for such projects.
23
(Source: P.A. 86-1015.)
 
24
    (30 ILCS 570/6)  (from Ch. 48, par. 2206)
 


 






HB6349 Engrossed
- 6 -
LRB096 20966 RCE 36810 b




1
    Sec. 6. Penalties. Any person or entity that violates the 
2
provisions of this Act is subject to a civil penalty in an 
3
amount not to exceed $1,000 for each violation found in the 
4
first investigation by the Department, not to exceed $5,000 for 
5
each violation found in the second investigation by the 
6
Department, and not to exceed $15,000 for a third or subsequent 
7
violation found in any subsequent investigation by the 
8
Department. Any person who knowingly fails to use Illinois 
9
laborers as
required in Article 2 of this
Act, shall be guilty 
10
of a Class C misdemeanor. Each violation of this Act for each 
11
worker and for each day the violation continues constitutes 
12
separate case of
failure to use Illinois laborers on such 
13
public works projects or
improvements or for the clean-up and 
14
on-site disposal of hazardous waste shall
constitute a separate 
15
and distinct violation offense. In determining the amount of 
16
the penalty, the Department shall consider the appropriateness 
17
of the penalty to the person or entity charged, upon 
18
determination of the gravity of the violations.  The collection 
19
of these penalties shall be enforced in a civil action brought 
20
by the Attorney General on behalf of the Department. 
21
(Source: P.A. 86-1015.)
 
22
    (30 ILCS 570/7)  (from Ch. 48, par. 2207)
23
    Sec. 7. Enforcement.  It is the duty of the Department to 
24
enforce the provisions of this Act.  The Department has the 
25
power to conduct investigations in connection with the 
 


 






HB6349 Engrossed
- 7 -
LRB096 20966 RCE 36810 b




1
administration and enforcement of this Act, and any 
2
investigator with the Department is authorized to visit and 
3
inspect, at all reasonable times, any places covered by this 
4
Act and is authorized to inspect, at all reasonable times, 
5
documents related to the determination of whether a violation 
6
of the Act exists. The Department may compel, by subpoena, the 
7
attendance and testimony of witnesses and the production of 
8
books, payrolls, records, papers, and other evidence in any 
9
investigation and may administer oaths to witnesses. The 
10
Article 2 of this Act shall be enforced by the Department of 
11
Labor, which, as
represented by the Attorney General, is 
12
empowered to: (i) issue and cause to be served on any person or 
13
entity an order to cease and desist from further violation of 
14
this Act, (ii) take affirmative or other action as deemed 
15
reasonable to eliminate the effect of the violation, (iii) 
16
collect any civil penalties assessed by the Department pursuant 
17
to Section 6 of this Act, and (iv) sue for injunctive
relief 
18
against the awarding of any contract or the continuation of any 
19
work
under any contract for public works or improvements or for 
20
the clean-up
and on-site disposal of hazardous waste at a time 
21
when the
provisions of Article 2 of this
Act are not being met.
22
(Source: P.A. 86-1015.)
 
23
    (30 ILCS 570/7.05 new)
24
    Sec. 7.05. Review.  Any party seeking review of the 
25
Department's determination may file a written request for an 
 


 






HB6349 Engrossed
- 8 -
LRB096 20966 RCE 36810 b




1
informal conference.  The request must be received by the 
2
Department within 15 calendar days after the date of issuance 
3
of the Department's determination.  During the conference, the 
4
party seeking review may present written or oral information 
5
and arguments as to why the Department's determination should 
6
be amended or vacated.  The Department shall consider the 
7
information and arguments presented and issue a written 
8
decision advising all parties of the outcome of the conference.
 
9
    (30 ILCS 570/7.10 new)
10
    Sec. 7.10. Employment of Illinois Workers on Public Works 
11
Projects Fund. All moneys received by the Department as civil 
12
penalties under this Act shall be deposited into the Employment 
13
of Illinois Workers on Public Works Projects Fund and shall be 
14
used, subject to appropriation by the General Assembly, by the 
15
Department for administration, investigation, and other 
16
expenses incurred in carrying out its powers and duties under 
17
this Act. The Department shall hire as many investigators and 
18
other personnel as may be necessary to carry out the purposes 
19
of this Act. Any moneys in the Fund at the end of a fiscal year 
20
in excess of those moneys necessary for the Department to carry 
21
out its powers and duties under this Act shall be available for 
22
appropriation  to the Department for the next fiscal year for 
23
any of the Department's duties.
 
24
    (30 ILCS 570/7.15 new)
 


 






HB6349 Engrossed
- 9 -
LRB096 20966 RCE 36810 b




1
    Sec. 7.15. Private right of action.
2
    (a) Any interested party or person aggrieved by a violation 
3
of this Act or any rule adopted under this Act may file suit in 
4
circuit court, in the county where the alleged offense occurred 
5
or where any party to the action resides, without regard to 
6
exhaustion of any alternative administrative remedies provided 
7
in this Act. Actions may be brought by one or more persons or 
8
entities for and on behalf of themselves and other persons or 
9
entities similarly situated. A person or entity whose rights 
10
have been violated under this Act is entitled to collect:
11
        (1) attorney's fees and costs; and
12
        (2) compensatory damages in an amount not to exceed 
13
    $1,000 for each violation of this Act or any rule adopted 
14
    under this Act.  Each violation of this Act for each worker 
15
    and for each day the violation continues constitutes a 
16
    separate and distinct violation.
17
    (b) The right of an interested party or aggrieved person to 
18
bring an action under this Section terminates upon the passing 
19
of 3 years from the date of completion and acceptance of the 
20
public works project in question. 
 
21
    (30 ILCS 570/7.20 new)
22
    Sec. 7.20. Rulemaking. The Department may adopt reasonable 
23
rules to implement and administer this Act.  For purposes of 
24
this Act, the General Assembly finds that the adoption of rules 
25
to implement this Act is deemed an emergency and necessary for 
 


 






HB6349 Engrossed
- 10 -
LRB096 20966 RCE 36810 b




1
the public interest and welfare.
 
2
    (30 ILCS 560/Act rep.)
3
    Section 10. The Public Works Preference Act is repealed.
 
4
    Section 15. The State Finance Act is amended by adding 
5
Section 5.755 as follows:
 
6
    (30 ILCS 105/5.755 new)
7
    Sec. 5.755. The Employment of Illinois Workers on Public 
8
Works Projects Fund.
 

9
    Section 99. Effective date. This Act takes effect upon 
10
becoming law.