093_HB1324

 
                                     LRB093 10520 WGH 10774 b

 1        AN ACT concerning State services.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    State Services Accountability Act.

 6        Section  5.  Legislative  findings  and  declaration   of
 7    policy.
 8        (a)  The purpose of this Act is to set forth a program to
 9    better  provide  goods,  services,  and  public  works to the
10    citizens of Illinois by ensuring that  tax  dollars  expended
11    for  goods  or services or public works are properly used for
12    their allocated purpose. The State of  Illinois  enters  into
13    reimbursement  agreements  and  contracts  with  and provides
14    grants to private entities (contractors and grantees) for the
15    purpose of purchasing goods, providing services and  building
16    or  enhancing  public works for the citizens of Illinois. The
17    State of Illinois enters into these  contracts  and  provides
18    these  grants  to  provide quality goods, services and public
19    works for the citizens of Illinois.
20        (b)  The General Assembly finds that  the  needs  of  its
21    citizens  cannot  be  met  if the time frame for provision of
22    goods, the  schedule  for  public  works  of  the    services
23    provided  through  reimbursement  agreements,  contracts,  or
24    grant   agreements   between   the   State  of  Illinois  and
25    contractors  and  grantees  are  subject  to  disruption  and
26    further finds that likelihood of disruption is enhanced where
27    disputes arise over unionization.
28        (c)  The General Assembly finds that some contractors and
29    grantees have opposed  unionization by  their  employees  and
30    diverted  tax dollars from their appropriated  intent to hire
31    consultants and conduct campaigns aimed  at  influencing  the
 
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 1    outcome  of  union  representation  elections.  Additionally,
 2    contractors  and  grantees  opposing  unionization  of  their
 3    employees  have  required  the employees to attend compulsory
 4    anti-union meetings on work time.
 5        (d)  The General Assembly finds that the development of a
 6    stable, well-trained, committed workforce is essential to the
 7    provision  of  quality  goods  and  services   to   Illinois'
 8    citizens.
 9        (e)  The  General  Assembly  further  finds  that the tax
10    dollars intended for appropriated use should not be  used  to
11    conduct  campaigns  aimed at influencing the outcome of union
12    representation elections. In addition, staff time, paid  with
13    tax  dollars,  should be spent providing goods or services to
14    Illinois' citizens and not consumed by  attending  compulsory
15    anti-union meetings.
16        (f)  It  is hereby declared to be the policy of the State
17    of Illinois that, to foster  the  development  of  a  stable,
18    well-trained,  committed  workforce,  the  State  of Illinois
19    shall prohibit its contractors or grantees from  using  State
20    funding  to  influence  the decision of their employees to be
21    represented or not be represented by a union.

22        Section 10.  Definitions. As used in this Act:
23        "Contractor or grantee" means an  individual  or  entity,
24    other  than  the  State  of  Illinois,  a  State agency, or a
25    political subdivision of the State of Illinois, which  has  a
26    reimbursement  agreement or contractual or other relationship
27    with or has received moneys from the State of Illinois  or  a
28    State  agency  or  provide goods or services, or public works
29    which reimbursement agreement, contractor, or grant is funded
30    in whole or in part by the State of Illinois, or through  the
31    Medicaid program of the State of Illinois.
32        "Contractor" includes a subcontractor and a contractor of
33    a  grantee  and  any other entity, other than a unit of local
 
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 1    government or a school district, that  receives  State  funds
 2    for supplying goods or services or public works pursuant to a
 3    written  contract  with  the State or any of its agencies and
 4    which is controlled in whole or in part by the contractor  or
 5    an   entity   in  which  the  contractor  has  a  substantial
 6    beneficial interest.
 7        "Grantee" includes a  sub-grantee  and  a  grantee  of  a
 8    contractor  and  any  other  entity  which  provides goods or
 9    services or public works controlled in whole or  in  part  by
10    the  grantee,  or  an  entity  in  which  the  grantee  has a
11    substantial beneficial interest.
12        "Employee" means a person employed  by  a  contractor  or
13    grantee   other  than  a  person  employed  in  a  bona  fide
14    supervisory or managerial position as defined  by  applicable
15    law.
16        "Labor organization" means an organization of any kind in
17    which employees participate and which exists for the purpose,
18    in  whole  or  in  part, of representing employees concerning
19    grievances, labor disputes, wages, rates  of  pay,  benefits,
20    hours of employment, or working conditions.
21        "State  funds"  means  any  money or other thing of value
22    provided by the State of Illinois or a State agency.
23        "Public works" means  all  fixed  works  constructed  for
24    public  use by any public body, other than work done directly
25    by any public utility company,  whether  or  not  done  under
26    public  supervision  or  direction,  or paid for wholly or in
27    part out of public funds.  "Public works" as  defined  herein
28    includes all projects financed in whole or in part with bonds
29    issued under the Industrial Project Revenue Bond Act (Article
30    11,   Division  74  of  the  Illinois  Municipal  Code),  the
31    Industrial  Building   Revenue   Bond   Act,   the   Illinois
32    Development   Finance  Authority  Act,  the  Illinois  Sports
33    Facilities Authority Act, or the Build Illinois Bond Act, and
34    all projects financed in whole or in part with loans or other
 
                            -4-      LRB093 10520 WGH 10774 b
 1    funds made available pursuant  to  the  Build  Illinois  Act.
 2    "Public  works"  also  means,  through December 31, 2005, all
 3    projects financed in whole or in part  with  funds  from  the
 4    Fund  for  Illinois'  Future under Section 6z-47 of the State
 5    Finance Act, funds for school construction under Section 5 of
 6    the General  Obligation  Bond  Act,  funds  authorized  under
 7    Section  3  of  the  School  Construction Bond Act, funds for
 8    school  infrastructure  under  Section  6z-45  of  the  State
 9    Finance Act,  or  funds  for  transportation  purposes  under
10    Section 4 of the General Obligation Bond Act.
11        "Public  body"  means  the State or any officer, board or
12    commission of the  State  or  any  political  subdivision  or
13    department  thereof, or any institution supported in whole or
14    in part by public  funds,  authorized  by  law  to  construct
15    public   works   or  to  enter  into  any  contract  for  the
16    construction of public  works,  and  includes  every  county,
17    city,  town,  village, township, school district, irrigation,
18    utility, reclamation improvement or other district and  every
19    other political subdivision, district, or municipality of the
20    State  whether  such  political subdivision, municipality, or
21    district operates under a special charter or not.

22        Section 15.  Policy requirements.
23        (a)  All contractors and grantees shall certify  as  part
24    of any State contract, grant, or reimbursement that they will
25    not  use  State  funds  to  promote,  assist,  or deter union
26    organizing or to otherwise seek to influence the decision  of
27    any  of its employees to be represented or not represented by
28    a labor organization, and, with respect to employees  engaged
29    in  employment in connection with a State contract, grant, or
30    reimbursement, that they will:
31             (i)  not  require  or  prohibit  the  attendance  of
32        employees at any meeting related to union representation;
33        and
 
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 1             (ii)  not schedule or hold meetings related to union
 2        representation during an employee's work time or in  work
 3        areas; and
 4             (iii)  allow   a   labor   organization   the   same
 5        opportunity  to  communicate with employees as is used by
 6        the contractor or the grantee,  including  the  right  to
 7        have access to the premises of the contractor or grantee,
 8        post notices, distribute literature, and use the premises
 9        of the employer to hold meetings with employees.
10        (b)  No contractor or grantee shall receive a contract or
11    grant  to  provide  goods or services or public works for the
12    citizens of the State of Illinois unless  the  contractor  or
13    grantee  has agreed to provide certification under subsection
14    (a).
15        (c)  Any  reimbursement  agreement,  contract,  or  grant
16    entered into by and between a contractor or a grantee and the
17    State of Illinois or a  State  agency  to  provide  goods  or
18    services  or public works shall include a certification under
19    subsection (a) and an agreement by the contractor or  grantee
20    to   comply   with  the  terms  of  the  certification  under
21    subsection (a).
22        (d)  Any contractor or grantee entering into  a  contract
23    with  any  person  or  entity to provide goods or services or
24    public works subject  to  the  contract  or  grant  agreement
25    between  the  contractor or grantee and the State of Illinois
26    or a State agency shall include  in  the  contract  or  grant
27    agreement  a  certification under subsection (a) identical to
28    the certification under subsection (a)  in  the  contract  or
29    grant  agreement  between  the  contractor or grantee and the
30    State of Illinois or State agency.

31        Section 20.  Reporting.
32        (a)  Any labor organization may file a complaint with the
33    Illinois Attorney General if it believes that a contractor or
 
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 1    grantee is expending funds in violation of this Act. Upon the
 2    filing of such a  complaint, the  Illinois  Attorney  General
 3    shall,  within  14  calendar  days,  notify the contractor or
 4    grantee that it must provide the following accounting:
 5             (1)  The date, the amount of, and the nature of  any
 6        use  of money or other things of value for the production
 7        or  distribution   of   literature   or   other   similar
 8        communications,   the   holding  of  meetings,  including
 9        meetings with supervisors and managerial  employees,  and
10        the  use  of consultants or lawyers; names of any vendors
11        including attorneys and consultants who  receive  payment
12        for the purpose of influencing a unionization effort, the
13        amount  of  such  payment  and the nature of the services
14        provided.
15             (2)  The source of the  money  or  other  things  of
16        value so used.
17    The accounting shall be made to the Illinois Attorney General
18    within 14 calendar days of the receipt of the request for it.
19    The  accounting  shall  be  made available to the complainant
20    upon receipt by the Illinois Attorney General.
21        (b)  Any contractor or grantee who  is  subject  to  this
22    Section  and  who  makes  expenditures to assist, promote, or
23    deter union organizing shall maintain records  sufficient  to
24    show that no State funds were used for those expenditures.

25        Section 25.  Enforcement.
26        (a)  If    a   contractor   or   grantee   breaches   its
27    certification under Section 15 or  fails to comply  with  the
28    reporting  requirements  of Section 20, the State of Illinois
29    may  take  any  action  necessary  to   enforce   compliance,
30    including  but  not  limited to a civil action for injunctive
31    relief, declaratory relief, specific performance, or  damages
32    or a combination of those remedies.
33        (b)  If  the  State  of  Illinois  brings  an enforcement
 
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 1    action for  violation  of  this  Act,  any  person  or  labor
 2    organization  with  a direct interest in compliance with this
 3    Act may join in that enforcement action as a  real  party  in
 4    interest.
 5        (c)  If  the  State  of Illinois declines to institute an
 6    action for enforcement for violation of this Act, any  person
 7    or  labor  organization  with a direct interest in compliance
 8    with this Act may institute and enforce a civil action on his
 9    or her or its own behalf against the  contractor  or  grantee
10    and  seek  injunctive  relief,  declaratory  relief, specific
11    performance, or damages or a combination of those remedies.
12        (d)  Remedies for violation of this Act include  but  are
13    not  limited  to  injunctive and declaratory relief, specific
14    performance, and monetary damages. In view of the  difficulty
15    of determining actual damages incurred because of a violation
16    of  this Act, liquidated damages shall be awarded at the rate
17    of $1,000 for each violation, plus  an  additional  $500  for
18    each  day the violation continues without remedy. All damages
19    shall inure to the benefit of the State of Illinois.

20        Section 90.  Severability. The provisions of this Act are
21    severable under Section 1.31 of the Statute on Statutes.

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