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Public Act 096-0929
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| HB6349 Enrolled |
LRB096 20966 RCE 36810 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Employment of Illinois Workers on Public |
Works Act is amended by changing Sections 0.01, 1, 1.1, 2, 3, |
4, 5, 6, and 7 and by adding Sections 7.05, 7.10, 7.15, and |
7.20 as follows:
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(30 ILCS 570/0.01) (from Ch. 48, par. 2200)
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Sec. 0.01. Short title. This Article 2 Act may be cited as |
the
Employment of Illinois Workers on Public Works Act. In this |
Article 2, references to this Act mean this Article 2.
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(Source: P.A. 86-1324.)
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(30 ILCS 570/1) (from Ch. 48, par. 2201) |
Sec. 1. Definitions. For the purposes of Article 2 of this |
Act, the following words have
the meanings ascribed to them in |
this Section. |
(1) "Illinois laborer" refers to any person who has resided |
in Illinois
for at least 30 days and intends to become or |
remain an Illinois resident. |
(2) "A period of excessive unemployment" means any month |
immediately
following 2 consecutive calendar months during |
which the level of unemployment
in the State of Illinois has |
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exceeded 5% as measured by the United States
Bureau of Labor |
Statistics in its monthly publication of employment and
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unemployment figures. |
(3) "Hazardous waste" has the definition ascribed to it in |
Section 3.220 of
the Illinois Environmental Protection Act, |
approved June 29, 1970,
as amended. |
(4) "Interested party" means a person or entity with an |
interest in compliance with this Act. |
(5) "Entity" means any sole proprietor, partnership, firm, |
corporation, limited liability company, association, or other |
business enterprise; however, the term "entity" does not |
include (i) the State of Illinois or its officers, agencies, or |
political subdivisions or (ii) the federal government. |
(6) "Public works" means any fixed work construction or |
improvement for the State of Illinois or any political |
subdivision of the State if that fixed work construction or |
improvement is funded or financed in whole or in part with |
State funds or funds administered by the State of Illinois. |
(Source: P.A. 92-574, eff. 6-26-02.)
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(30 ILCS 570/1.1) (from Ch. 48, par. 2201.1) |
Sec. 1.1. Findings. The General Assembly finds and declares |
that unemployment in the
Illinois construction industry has |
traditionally tended to be higher in those counties which
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border upon other states. Further, the General Assembly finds |
and declares
that the over-utilization of out-of-state |
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laborers on public works projects
or improvements for the State |
of Illinois or any political subdivision,
municipal |
corporation or other governmental units thereof is a |
contributing
factor to higher levels of unemployment both in |
the border counties and
throughout Illinois. It is the public |
policy of this State and the
objective of this Act to promote |
the general welfare of the people of this
State by ensuring |
that Illinois laborers are utilized to the greatest
extent |
possible on public works projects or improvements for the State |
of
Illinois or any political subdivision, municipal |
corporation or other
governmental units thereof. To this end, |
this Act shall be liberally
construed to effectuate its |
purpose. |
(Source: P.A. 87-377.)
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(30 ILCS 570/2) (from Ch. 48, par. 2202) |
Sec. 2. Applicability. This Article 2 of this Act applies |
to all labor on public works projects or
improvements, |
including projects involving the clean-up and on-site disposal |
of
hazardous waste, but excluding emergency response or |
immediate removal
activities, whether skilled,
semi-skilled or |
unskilled, whether manual or non-manual. |
(Source: P.A. 86-1015.)
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(30 ILCS 570/3) (from Ch. 48, par. 2203) |
Sec. 3. Employment of Illinois laborers. Whenever there is |
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a period of excessive unemployment in Illinois,
if a every |
person or entity who is charged with the duty, either by law or
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contract, of (1) constructing or building any public works, as |
defined in this Act, project or
improvement or (2) for the |
clean-up and on-site disposal of hazardous waste for the
State |
of Illinois or any political subdivision of the State, and that |
clean-up or on-site disposal is funded or financed in whole or |
in part with State funds or funds administered by the State of |
Illinois, then that person or entity municipal corporation or |
other governmental unit thereof shall employ at least 90% only
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Illinois laborers on such project. Any public works project |
financed in whole or in part by federal funds administered by |
the State of Illinois is covered under the provisions of this |
Act, to the extent permitted by any applicable federal law or |
regulation. Every public works or improvement, and every |
contract let by
any such person shall contain a provision |
requiring that such labor be
used: Provided, that other |
laborers may be used when Illinois laborers as
defined in this |
Act are not available, or are incapable of performing the
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particular type of work involved, if so certified by the |
contractor and
approved by the contracting officer. |
(Source: P.A. 86-1015.)
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(30 ILCS 570/4) (from Ch. 48, par. 2204) |
Sec. 4. Non-resident executive and technical experts. |
Every contractor on a public works project or improvement or
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hazardous waste clean-up and on-site disposal project in this
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State may place on such work no more than 3, or 6 in the case of |
a
hazardous waste clean-up and on-site disposal project, of his |
regularly
employed non-resident executive and technical |
experts, even though they do
not qualify as Illinois laborers |
as defined in Section 1 of Article 2 of this Act. |
(Source: P.A. 86-1015.)
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(30 ILCS 570/5) (from Ch. 48, par. 2205) |
Sec. 5. Expenditure of federal funds. |
(a) In all contracts involving the expenditure of federal
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aid funds in relation to a public works project or improvement, |
Article 2 of
this Act shall not be enforced in such manner as |
to conflict with any
federal statutes or rules and regulations. |
(b) When federal expenditures
are used in combination with |
State expenditures for clean-up and on-site disposal
of |
hazardous waste, it shall be the responsibility of the Illinois |
Environmental
Protection Agency to notify, with respect to such |
project, any Illinois
hazardous waste cleanup contractor who |
has requested such notification
of the date when bids will be |
accepted for such projects
and the requirements necessary to |
successfully compete for such projects. |
(Source: P.A. 86-1015.)
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(30 ILCS 570/6) (from Ch. 48, par. 2206) |
Sec. 6. Penalties. Any person or entity that violates the |
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provisions of this Act is subject to a civil penalty in an |
amount not to exceed $1,000 for each violation found in the |
first investigation by the Department, not to exceed $5,000 for |
each violation found in the second investigation by the |
Department, and not to exceed $15,000 for a third or subsequent |
violation found in any subsequent investigation by the |
Department. Any person who knowingly fails to use Illinois |
laborers as
required in Article 2 of this
Act, shall be guilty |
of a Class C misdemeanor. Each violation of this Act for each |
worker and for each day the violation continues constitutes |
separate case of
failure to use Illinois laborers on such |
public works projects or
improvements or for the clean-up and |
on-site disposal of hazardous waste shall
constitute a separate |
and distinct violation offense. In determining the amount of |
the penalty, the Department shall consider the appropriateness |
of the penalty to the person or entity charged, upon |
determination of the gravity of the violations. The collection |
of these penalties shall be enforced in a civil action brought |
by the Attorney General on behalf of the Department. |
(Source: P.A. 86-1015.)
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(30 ILCS 570/7) (from Ch. 48, par. 2207) |
Sec. 7. Enforcement. It is the duty of the Department of |
Labor to enforce the provisions of this Act. The Department has |
the power to conduct investigations in connection with the |
administration and enforcement of this Act, and any |
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investigator with the Department is authorized to visit and |
inspect, at all reasonable times, any places covered by this |
Act and is authorized to inspect, at all reasonable times, |
documents related to the determination of whether a violation |
of the Act exists. The Department may compel, by subpoena, the |
attendance and testimony of witnesses and the production of |
books, payrolls, records, papers, and other evidence in any |
investigation and may administer oaths to witnesses. The |
Article 2 of this Act shall be enforced by the Department of |
Labor, which, as
represented by the Attorney General, is |
empowered to: (i) issue and cause to be served on any person or |
entity an order to cease and desist from further violation of |
this Act, (ii) take affirmative or other action as deemed |
reasonable to eliminate the effect of the violation, (iii) |
collect any civil penalties assessed by the Department pursuant |
to Section 6 of this Act, and (iv) sue for injunctive
relief |
against the awarding of any contract or the continuation of any |
work
under any contract for public works or improvements or for |
the clean-up
and on-site disposal of hazardous waste at a time |
when the
provisions of Article 2 of this
Act are not being met. |
(Source: P.A. 86-1015.)
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(30 ILCS 570/7.05 new) |
Sec. 7.05. Review. Any party seeking review of the |
Department's determination may file a written request for an |
informal conference. The request must be received by the |
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Department within 15 calendar days after the date of issuance |
of the Department's determination. During the conference, the |
party seeking review may present written or oral information |
and arguments as to why the Department's determination should |
be amended or vacated. The Department shall consider the |
information and arguments presented and issue a written |
decision advising all parties of the outcome of the conference.
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(30 ILCS 570/7.10 new) |
Sec. 7.10. Employment of Illinois Workers on Public Works |
Projects Fund. All moneys received by the Department as civil |
penalties under this Act shall be deposited into the Employment |
of Illinois Workers on Public Works Projects Fund and shall be |
used, subject to appropriation by the General Assembly, by the |
Department for administration, investigation, and other |
expenses incurred in carrying out its powers and duties under |
this Act. The Department shall hire as many investigators and |
other personnel as may be necessary to carry out the purposes |
of this Act. Any moneys in the Fund at the end of a fiscal year |
in excess of those moneys necessary for the Department to carry |
out its powers and duties under this Act shall be available for |
appropriation to the Department for the next fiscal year for |
any of the Department's duties.
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(30 ILCS 570/7.15 new) |
Sec. 7.15. Private right of action. |
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(a) Any interested party or person aggrieved by a violation |
of this Act or any rule adopted under this Act may file suit in |
circuit court, in the county where the alleged offense occurred |
or where any party to the action resides, without regard to |
exhaustion of any alternative administrative remedies provided |
in this Act. Actions may only be brought (i) 30 days or more |
after a complaint has been filed with the Department of Labor |
by any interested party or person aggrieved by a violation of |
this Act or (ii) any time after the filing of a complaint if |
the Department of Labor notifies any interested party or person |
aggrieved by a violation of this Act that the Department will |
not proceed with the complaint. Actions may be brought by one |
or more persons or entities for and on behalf of themselves and |
other persons or entities similarly situated. A person or |
entity whose rights have been violated under this Act is |
entitled to collect: |
(1) attorney's fees and costs; and |
(2) compensatory damages in an amount not to exceed |
$500 for each violation of this Act or any rule adopted |
under this Act. Each violation of this Act for each worker |
and for each day the violation continues constitutes a |
separate and distinct violation. |
(b) The right of an interested party or aggrieved person to |
bring an action under this Section terminates upon the passing |
of 3 years from the date of completion and acceptance of the |
public works project in question.
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(30 ILCS 570/7.20 new) |
Sec. 7.20. Rulemaking. The Department may adopt reasonable |
rules to implement and administer this Act. For purposes of |
this Act, the General Assembly finds that the adoption of rules |
to implement this Act is deemed an emergency and necessary for |
the public interest and welfare.
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(30 ILCS 560/Act rep.) |
Section 10. The Public Works Preference Act is repealed.
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Section 15. The State Finance Act is amended by adding |
Section 5.755 as follows:
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(30 ILCS 105/5.755 new) |
Sec. 5.755. The Employment of Illinois Workers on Public |
Works Projects Fund.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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