Full Text of HB6349 96th General Assembly
HB6349ham001 96TH GENERAL ASSEMBLY
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Rep. Daniel V. Beiser
Filed: 3/17/2010
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LRB096 20966 RCE 39183 a |
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| AMENDMENT TO HOUSE BILL 6349
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| AMENDMENT NO. ______. Amend House Bill 6349 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Employment of Illinois Workers on Public | 5 |
| Works Act is amended by changing Sections 0.01, 1, 1.1, 2, 3, | 6 |
| 4, 5, 6, and 7 and by adding Sections 7.05, 7.10, 7.15, and | 7 |
| 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 | 10 |
| the
Employment of Illinois Workers on Public Works Act. In this | 11 |
| 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) | 14 |
| Sec. 1. Definitions. For the purposes of Article 2 of this | 15 |
| Act, the following words have
the meanings ascribed to them in |
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| this Section. | 2 |
| (1) "Illinois laborer" refers to any person who has resided | 3 |
| in Illinois
for at least 30 days and intends to become or | 4 |
| remain an Illinois resident. | 5 |
| (2) "A period of excessive unemployment" means any month | 6 |
| immediately
following 2 consecutive calendar months during | 7 |
| which the level of unemployment
in the State of Illinois has | 8 |
| exceeded 5% as measured by the United States
Bureau of Labor | 9 |
| Statistics in its monthly publication of employment and
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| unemployment figures. | 11 |
| (3) "Hazardous waste" has the definition ascribed to it in | 12 |
| Section 3.220 of
the Illinois Environmental Protection Act, | 13 |
| approved June 29, 1970,
as amended. | 14 |
| (4) "Interested party" means a person or entity with an | 15 |
| interest in compliance with this Act. | 16 |
| (5) "Entity" means any sole proprietor, partnership, firm, | 17 |
| corporation, limited liability company, association, or other | 18 |
| business enterprise; however, the term "entity" does not | 19 |
| include (i) the State of Illinois or its officers, agencies, or | 20 |
| political subdivisions or (ii) the federal government. | 21 |
| (6) "Public works" means any fixed work construction or | 22 |
| improvement for the State of Illinois or any political | 23 |
| subdivision of the State if that fixed work construction or | 24 |
| improvement is funded or financed in whole or in part with | 25 |
| State funds or funds administered by the State of Illinois. | 26 |
| (Source: P.A. 92-574, eff. 6-26-02.) |
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| (30 ILCS 570/1.1) (from Ch. 48, par. 2201.1) | 2 |
| Sec. 1.1. Findings. The General Assembly finds and declares | 3 |
| that unemployment in the
Illinois construction industry has | 4 |
| traditionally tended to be higher in those counties which
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| border upon other states. Further, the General Assembly finds | 6 |
| and declares
that the over-utilization of out-of-state | 7 |
| laborers on public works projects
or improvements for the State | 8 |
| of Illinois or any political subdivision,
municipal | 9 |
| corporation or other governmental units thereof is a | 10 |
| contributing
factor to higher levels of unemployment both in | 11 |
| the border counties and
throughout Illinois. It is the public | 12 |
| policy of this State and the
objective of this Act to promote | 13 |
| the general welfare of the people of this
State by ensuring | 14 |
| that Illinois laborers are utilized to the greatest
extent | 15 |
| possible on public works projects or improvements for the State | 16 |
| of
Illinois or any political subdivision, municipal | 17 |
| corporation or other
governmental units thereof. To this end, | 18 |
| this Act shall be liberally
construed to effectuate its | 19 |
| purpose. | 20 |
| (Source: P.A. 87-377.) | 21 |
| (30 ILCS 570/2) (from Ch. 48, par. 2202) | 22 |
| Sec. 2. Applicability. This Article 2 of this Act applies | 23 |
| to all labor on public works projects or
improvements, | 24 |
| including projects involving the clean-up and on-site disposal |
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| of
hazardous waste, but excluding emergency response or | 2 |
| immediate removal
activities, whether skilled,
semi-skilled or | 3 |
| unskilled, whether manual or non-manual. | 4 |
| (Source: P.A. 86-1015.) | 5 |
| (30 ILCS 570/3) (from Ch. 48, par. 2203) | 6 |
| Sec. 3. Employment of Illinois laborers. Whenever there is | 7 |
| a period of excessive unemployment in Illinois,
every person or | 8 |
| entity that who is charged with the duty, either by law or
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| contract, of : | 10 |
| (1) constructing or building any public works , as defined | 11 |
| in this Act; project or
improvement or | 12 |
| (2) for the clean-up and on-site disposal of hazardous | 13 |
| waste for the
State of Illinois or any political subdivision of | 14 |
| the State , if that clean-up or on-site disposal is funded or | 15 |
| financed in whole or in part with State funds or funds | 16 |
| administered by the State of Illinois,
municipal corporation or | 17 |
| other governmental unit thereof shall employ at least 90% only
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| Illinois laborers on such project . Any public works project | 19 |
| financed in whole or in part by federal funds administered by | 20 |
| the State of Illinois is covered under the provisions of this | 21 |
| Act, to the extent permitted by any applicable federal law or | 22 |
| regulation. Every public works or improvement, and every | 23 |
| contract let by
any such person shall contain a provision | 24 |
| requiring that such labor be
used: Provided, that other | 25 |
| laborers may be used when Illinois laborers as
defined in this |
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| Act are not available, or are incapable of performing the
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| particular type of work involved, if so certified by the | 3 |
| contractor and
approved by the contracting officer. | 4 |
| (Source: P.A. 86-1015.) | 5 |
| (30 ILCS 570/4) (from Ch. 48, par. 2204) | 6 |
| Sec. 4. Non-resident executive and technical experts. | 7 |
| 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 | 10 |
| a
hazardous waste clean-up and on-site disposal project, of his | 11 |
| regularly
employed non-resident executive and technical | 12 |
| experts, even though they do
not qualify as Illinois laborers | 13 |
| as defined in Section 1 of Article 2 of this Act. | 14 |
| (Source: P.A. 86-1015.) | 15 |
| (30 ILCS 570/5) (from Ch. 48, par. 2205) | 16 |
| Sec. 5. Expenditure of federal funds. | 17 |
| (a) In all contracts involving the expenditure of federal
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| aid funds in relation to a public works project or improvement, | 19 |
| Article 2 of
this Act shall not be enforced in such manner as | 20 |
| to conflict with any
federal statutes or rules and regulations. | 21 |
| (b) When federal expenditures
are used in combination with | 22 |
| State expenditures for clean-up and on-site disposal
of | 23 |
| hazardous waste, it shall be the responsibility of the Illinois | 24 |
| Environmental
Protection Agency to notify, with respect to such |
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| project, any Illinois
hazardous waste cleanup contractor who | 2 |
| has requested such notification
of the date when bids will be | 3 |
| accepted for such projects
and the requirements necessary to | 4 |
| successfully compete for such projects. | 5 |
| (Source: P.A. 86-1015.) | 6 |
| (30 ILCS 570/6) (from Ch. 48, par. 2206) | 7 |
| Sec. 6. Penalties. Any person or entity that violates the | 8 |
| provisions of this Act is subject to a civil penalty in an | 9 |
| amount not to exceed $1,000 for each violation found in the | 10 |
| first investigation by the Department, not to exceed $5,000 for | 11 |
| each violation found in the second investigation by the | 12 |
| Department, and not to exceed $15,000 for a third or subsequent | 13 |
| violation found in any subsequent investigation by the | 14 |
| Department. Any person who knowingly fails to use Illinois | 15 |
| laborers as
required in Article 2 of this
Act, shall be guilty | 16 |
| of a Class C misdemeanor. Each violation of this Act for each | 17 |
| worker and for each day the violation continues constitutes | 18 |
| separate case of
failure to use Illinois laborers on such | 19 |
| public works projects or
improvements or for the clean-up and | 20 |
| on-site disposal of hazardous waste shall
constitute a separate | 21 |
| and distinct violation offense . In determining the amount of | 22 |
| the penalty, the Department shall consider the appropriateness | 23 |
| of the penalty to the person or entity charged, upon | 24 |
| determination of the gravity of the violations. The collection | 25 |
| of these penalties shall be enforced in a civil action brought |
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| by the Attorney General on behalf of the Department. | 2 |
| (Source: P.A. 86-1015.) | 3 |
| (30 ILCS 570/7) (from Ch. 48, par. 2207) | 4 |
| Sec. 7. Enforcement. It is the duty of the Department to | 5 |
| enforce the provisions of this Act. The Department has the | 6 |
| power to conduct investigations in connection with the | 7 |
| administration and enforcement of this Act, and any | 8 |
| investigator with the Department is authorized to visit and | 9 |
| inspect, at all reasonable times, any places covered by this | 10 |
| Act and is authorized to inspect, at all reasonable times, | 11 |
| documents related to the determination of whether a violation | 12 |
| of the Act exists. The Department may compel, by subpoena, the | 13 |
| attendance and testimony of witnesses and the production of | 14 |
| books, payrolls, records, papers, and other evidence in any | 15 |
| investigation and may administer oaths to witnesses. The | 16 |
| Article 2 of this Act shall be enforced by the Department of | 17 |
| Labor, which, as
represented by the Attorney General, is | 18 |
| empowered to : (i) issue and cause to be served on any person or | 19 |
| entity an order to cease and desist from further violation of | 20 |
| this Act, (ii) take affirmative or other action as deemed | 21 |
| reasonable to eliminate the effect of the violation, (iii) | 22 |
| collect any civil penalties assessed by the Department pursuant | 23 |
| to Section 6 of this Act, and (iv) sue for injunctive
relief | 24 |
| against the awarding of any contract or the continuation of any | 25 |
| work
under any contract for public works or improvements or for |
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| the clean-up
and on-site disposal of hazardous waste at a time | 2 |
| when the
provisions of Article 2 of this
Act are not being met. | 3 |
| (Source: P.A. 86-1015.) | 4 |
| (30 ILCS 570/7.05 new) | 5 |
| Sec. 7.05. Review. Any party seeking review of the | 6 |
| Department's determination may file a written request for an | 7 |
| informal conference. The request must be received by the | 8 |
| Department within 15 calendar days after the date of issuance | 9 |
| of the Department's determination. During the conference, the | 10 |
| party seeking review may present written or oral information | 11 |
| and arguments as to why the Department's determination should | 12 |
| be amended or vacated. The Department shall consider the | 13 |
| information and arguments presented and issue a written | 14 |
| decision advising all parties of the outcome of the conference. | 15 |
| (30 ILCS 570/7.10 new) | 16 |
| Sec. 7.10. Employment of Illinois Workers on Public Works | 17 |
| Projects Fund. All moneys received by the Department as civil | 18 |
| penalties under this Act shall be deposited into the Employment | 19 |
| of Illinois Workers on Public Works Projects Fund and shall be | 20 |
| used, subject to appropriation by the General Assembly, by the | 21 |
| Department for administration, investigation, and other | 22 |
| expenses incurred in carrying out its powers and duties under | 23 |
| this Act. The Department shall hire as many investigators and | 24 |
| other personnel as may be necessary to carry out the purposes |
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| of this Act. Any moneys in the Fund at the end of a fiscal year | 2 |
| in excess of those moneys necessary for the Department to carry | 3 |
| out its powers and duties under this Act shall be available for | 4 |
| appropriation to the Department for the next fiscal year for | 5 |
| any of the Department's duties. | 6 |
| (30 ILCS 570/7.15 new) | 7 |
| Sec. 7.15. Private right of action. | 8 |
| (a) Any interested party or person aggrieved by a violation | 9 |
| of this Act or any rule adopted under this Act may file suit in | 10 |
| circuit court, in the county where the alleged offense occurred | 11 |
| or where any party to the action resides, without regard to | 12 |
| exhaustion of any alternative administrative remedies provided | 13 |
| in this Act. Actions may be brought by one or more persons or | 14 |
| entities for and on behalf of themselves and other persons or | 15 |
| entities similarly situated. A person or entity whose rights | 16 |
| have been violated under this Act is entitled to collect: | 17 |
| (1) attorney's fees and costs; and | 18 |
| (2) compensatory damages in an amount not to exceed | 19 |
| $1,000 for each violation of this Act or any rule adopted | 20 |
| under this Act. Each violation of this Act for each worker | 21 |
| and for each day the violation continues constitutes a | 22 |
| separate and distinct violation. | 23 |
| (b) The right of an interested party or aggrieved person to | 24 |
| bring an action under this Section terminates upon the passing | 25 |
| of 3 years from the date of completion and acceptance of the |
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| public works project in question. | 2 |
| (30 ILCS 570/7.20 new) | 3 |
| Sec. 7.20. Rulemaking. The Department may adopt reasonable | 4 |
| rules to implement and administer this Act. For purposes of | 5 |
| this Act, the General Assembly finds that the adoption of rules | 6 |
| to implement this Act is deemed an emergency and necessary for | 7 |
| the public interest and welfare. | 8 |
| (30 ILCS 560/Act rep.) | 9 |
| Section 10. The Public Works Preference Act is repealed. | 10 |
| Section 15. The State Finance Act is amended by adding | 11 |
| Section 5.755 as follows: | 12 |
| (30 ILCS 105/5.755 new) | 13 |
| Sec. 5.755. The Employment of Illinois Workers on Public | 14 |
| Works Projects Fund.
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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