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Synopsis As Introduced Creates the Public Works Subcontractor Responsibility Act. Provides that the Act applies to subcontracts for public works contracts entered into by the State, by a unit of local government, or by a school district. Provides that any subcontract for a public works contract shall include a provision setting forth the percentage of female and minority workers that the subcontractor plans to employ to perform work on the public works project. Provides that if any subcontractor fails to employ the percentage of females and minorities on a public works project as set forth in the subcontract, then the subcontractor must pay a penalty in the amount of the price of the subcontract multiplied by the percentage of females and minorities that the subcontractor planned to employ. Provides that the penalty shall be paid to the governmental entity that entered into the contract for the public works project. Provides that the contractor is not liable for any violation of this Act. Preempts home rule powers.
Fiscal Note (Department of Central Management Services)
The Department of Central Management Services anticipates no significant fiscal impact from this bill.
State Mandates Fiscal Note (Dept of Commerce and Community Affairs)
In the opinion of DCCA, HB 3190 creates a local government organization and structure mandate for which reimbursement of the increased costs to units of local government is not required under the State Mandates Act. An estimate of the increased costs to units of local government is not available at this time.
Home Rule Note (Dept of Commerce and Community Affairs)
Does pre-empt home rule authority.
House Floor Amendment No. 1 Deletes everything. Reinserts the provisions of the bill as introduced with the following changes: Provides that contractors, as well as subcontractors, are liable under the Act. Provides that any person who violates this Act may not bid on a public works project for a period of 2 years. Exempts from liability a contractor or subcontractor who has made a good faith effort to meet his or her commitments to hire female and minority workers but has been unable to do so due to the unavailability of female and minority workers. Exempts from liability a contractor or subcontractor that provides only goods and does not provide any service under the contract or subcontract. Deletes the home rule preemption.
Fiscal Note (H-AM 1) (Department of Transportation)
HB 3190, as amended by HA 1, will have a minimal fiscal impact on the Department.
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