093_HB3190eng

 
HB3190 Engrossed                     LRB093 06330 BDD 06449 b

 1        AN ACT concerning public contracts.

 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    Public Works Responsibility Act.

 6        Section  5.  Applicability. This Act applies to contracts
 7    and subcontracts for public works entered into by the  State,
 8    by a unit of local government, or by a school district.

 9        Section  10.  Minority  and  female goals.  Each contract
10    and subcontract for a public works contract  must  include  a
11    provision setting forth the percentage of female and minority
12    workers  that the contractor or subcontractor plans to employ
13    to perform work on the public works project.  This  provision
14    should,  but  is  not  required  to, stress the importance of
15    hiring the percentage of females and minorities that  is  set
16    out in the contract or subcontract.

17        Section    15.  Penalties.    If    any   contractor   or
18    subcontractor fails to employ the percentage of  females  and
19    minorities  on  a  public  works  project as set forth in the
20    contract or subcontract, then the contractor or subcontractor
21    must pay a penalty in the amount of the price of the contract
22    or subcontract multiplied by the percentage  of  females  and
23    minorities  that  the  contractor or subcontractor planned to
24    employ. The penalty shall be paid to the governmental  entity
25    that  entered  into the public works project.  Any person who
26    violates this Act may not bid on any public works project for
27    a period of 2 years.  A contractor or  subcontractor  is  not
28    liable  under  this  Act  if  he or she has made a good faith
29    effort to meet his or her  commitments  to  hire  female  and
 
HB3190 Engrossed            -2-      LRB093 06330 BDD 06449 b
 1    minority  workers  but  has  been  unable to do so due to the
 2    unavailability of female and minority workers.  A  contractor
 3    or  subcontractor  is  not liable under this Act if he or she
 4    provides only goods and does not provide any  services  under
 5    the contract or subcontract.