Public Act 097-0199
 
HB2987 EnrolledLRB097 07216 PJG 47323 b


  
    AN ACT concerning finance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 1. Short title. This Act may be cited as the 
Project Labor Agreements Act.
 
    Section 5. Findings. 
    (a) The State of Illinois has a compelling interest in 
awarding public works contracts so as to ensure the highest 
standards of quality and efficiency at the lowest responsible 
cost.
    (b) A project labor agreement, which is a form of pre-hire 
collective bargaining agreement covering all terms and 
conditions of employment on a specific project, can ensure the 
highest standards of quality and efficiency at the lowest 
responsible cost on appropriate public works projects.
    (c) The State of Illinois has a compelling interest that a 
highly skilled workforce be employed on public works projects 
to ensure lower costs over the lifetime of the completed 
project for building, repairs, and maintenance.
    (d) Project labor agreements provide the State of Illinois 
with a guarantee that public works projects will be completed 
with highly skilled workers.
    (e) Project labor agreements provide for peaceful, 
orderly, and mutually binding procedures for resolving labor 
issues without labor disruption, preventing significant 
lost-time on construction projects.
    (f) Project labor agreements allow public agencies to 
predict more accurately the actual cost of the public works 
project.
    (e) The use of project labor agreements can be of 
particular benefit to complex construction projects.
 
    Section 10. Public works projects. On a project-by-project 
basis, a State department, agency, authority, board, or 
instrumentality that is under the control of the Governor shall 
include a project labor agreement on a public works project 
when that department, agency, authority, board, or 
instrumentality has determined that the agreement advances the 
State's interests of cost, efficiency, quality, safety, 
timeliness, skilled labor force, labor stability, or the 
State's policy to advance minority-owned and women-owned 
businesses and minority and female employment.
 
    Section 15. Public works projects funded with federal 
funds. When it has been determined that a project labor 
agreement is appropriate, and in furtherance of the President's 
Executive Order 13502, the State department, agency, 
authority, board, or instrumentality responsible for awarding 
the project may include a project labor agreement on a public 
works project funded in whole or in part with federal funds.
 
    Section 20. Negotiation of agreement. When it has been 
determined that a project labor agreement is appropriate for a 
particular public works project, the State department, agency, 
authority, board, or instrumentality responsible for awarding 
the project shall in good faith negotiate a project labor 
agreement with labor organizations engaged in the construction 
industry. If the State department, agency, authority, board, or 
instrumentality and the labor organizations engaged in the 
construction industry ("the parties") cannot agree to the terms 
of the project labor agreement, the Governor shall appoint a 
designee to assist the parties in reaching an agreement.
 
    Section 25. Contents of agreement. Pursuant to this Act, 
any project labor agreement shall:
        (a) Set forth effective, immediate, and mutually 
    binding procedures for resolving jurisdictional labor 
    disputes and grievances arising before the completion of 
    work.
        (b) Contain guarantees against strikes, lockouts, or 
    similar actions.
        (c) Ensure a reliable source of skilled and experienced 
    labor.
        (d) For minorities and females as defined under the 
    Business Enterprise for Minorities, Females, and Persons 
    with Disabilities Act, set forth goals for apprenticeship 
    hours to be performed by minorities and females and set 
    forth goals for total hours to be performed by 
    underrepresented minorities and females.
        (e) Permit the selection of the lowest qualified 
    responsible bidder, without regard to union or non-union 
    status at other construction sites.
        (f) Bind all contractors and subcontractors on the 
    public works project through the inclusion of appropriate 
    bid specifications in all relevant bid documents.
        (g) Include such other terms as the parties deem 
    appropriate.
 
    Section 30. Publicly disclosed finding. Any decision to use 
a project labor agreement in connection with a public works 
project by a State department, agency, authority, board, or 
instrumentality shall be supported by a written, publicly 
disclosed finding by the department, agency, authority, board, 
or instrumentality, setting forth the justification for use of 
the project labor agreement. 
 
    Section 35. Compliance. All State departments, agencies, 
authorities, boards, and instrumentalities shall ensure that 
all public works projects are implemented in a manner 
consistent with the terms of this Act and are in full 
compliance with all statutes, regulations, and Executive 
Orders.
 
    Section 37. Quarterly report; annual report. A State 
department, agency, authority, board, or instrumentality that 
has a project labor agreement in connection with a public works 
project shall prepare a quarterly report that includes 
workforce participation under the agreement by minorities and 
females as defined under the Business Enterprise for 
Minorities, Females, and Persons with Disabilities Act. These 
reports shall be submitted to the Illinois Department of Labor. 
The Illinois Department of Labor shall submit to the General 
Assembly and the Governor an annual report that details the 
number of minorities and females employed under all public 
labor agreements within the State.
 
    Section 40. Severability. Nothing in this Act shall be 
construed to contravene any state or federal law or to 
jeopardize the State's entitlement to federal funding. If any 
provision of this Act or its application to any person or 
circumstance is held invalid by any court of competent 
jurisdiction, this invalidity does not affect any other 
provision or application of this Act that can be given effect 
without the invalid provision or application. To achieve this 
purpose, the provisions of this Act are declared to be 
severable.
 
    Section 45. The Illinois Procurement Code is amended  by 
changing Section 30-45 as follows:
 



    (30 ILCS 500/30-45)



    Sec. 30-45. Other Acts. This Article is subject to 
applicable
provisions of the following Acts:


        (1) the Prevailing Wage Act;


        (2) the Public Construction Bond Act;


        (3) the Public Works Employment Discrimination Act;


        (4) the Public Works Preference Act (repealed on June 
    16, 2010 by Public Act 96-929); 


        (5) the Employment of Illinois Workers on Public Works

    Act;


        (6) the Public Contract Fraud Act;and


        (7) the Illinois Construction Evaluation Act; and
        (8) the Project Labor Agreements Act.

(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised 
10-19-10.)

 

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