Full Text of SB3027 96th General Assembly
SB3027 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3027
Introduced 2/4/2010, by Sen. James T. Meeks SYNOPSIS AS INTRODUCED: |
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Creates the Fairness in Public Construction Act. Requires that the State or a State agency or instrumentality ensure that its construction contracts or grants do not include the use of specifications, labor agreements, or other documents that are not neutral as to a bidder's, contractor's, or subcontractor's agreements with labor organizations on the same project or related projects.
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A BILL FOR
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SB3027 |
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LRB096 18468 JAM 33847 b |
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| AN ACT concerning public construction.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Fairness in Public Construction Act. | 6 |
| Section 5. Purpose. The purpose of this Act is to fulfill | 7 |
| the State's proprietary objectives in maintaining and | 8 |
| promoting the economical, nondiscriminatory, and efficient | 9 |
| expenditures of public funds in connection with publicly funded | 10 |
| or assisted construction projects. Nothing in this Act shall | 11 |
| prohibit employers or other parties covered by the National | 12 |
| Labor Relations Act from entering into agreements or engaging | 13 |
| in any other activity arguably protected by law, nor shall any | 14 |
| aspect of this Act be interpreted in such a way as to interfere | 15 |
| with the labor relations of parties covered by the National | 16 |
| Labor Relations Act.
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| Section 10. Definition. For purposes of this Act, the term | 18 |
| "project labor agreement" means a multi-employer, multi-union | 19 |
| pre-hire agreement designed to systemize labor relations at a | 20 |
| construction site that is required by the State or a political | 21 |
| subdivision of the State as a condition of a bid specification | 22 |
| for a construction project, thereby insuring that all |
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SB3027 |
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LRB096 18468 JAM 33847 b |
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| contractors and subcontractors on a project comply with the | 2 |
| terms of a union-only agreement.
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| Section 15. Fairness required. The State, any agency of the | 4 |
| State, or any instrumentality thereof, when engaged in | 5 |
| procuring or letting contracts for construction of a project, | 6 |
| shall ensure that bid specifications, project labor | 7 |
| agreements, and other controlling documents entered into, | 8 |
| required, or subject to approval by the State, agency, or | 9 |
| instrumentality do not: | 10 |
| (1) require or prohibit any bidder, offeror, contractor, or | 11 |
| subcontractor to enter into or adhere to agreements with one or | 12 |
| more labor organizations on the same or related projects; or | 13 |
| (2) discriminate against any bidder, offeror, contractor, | 14 |
| or subcontractor for entering into or refusing to enter into or | 15 |
| to remain signatory or otherwise adhere to agreements with one | 16 |
| or more labor organizations on the same or related construction | 17 |
| projects.
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| Section 20. Application to grants. The State, any agency of | 19 |
| the State, or any instrumentality thereof shall not issue | 20 |
| grants or enter into cooperative agreements for construction | 21 |
| projects with the condition requiring that bid specifications, | 22 |
| project labor agreements, or other controlling documents | 23 |
| pertaining to the grant or cooperative agreement contain any of | 24 |
| the elements specified in Section 15.
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SB3027 |
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LRB096 18468 JAM 33847 b |
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| Section 25. Exercise of authority. The State, any agency of | 2 |
| the State, or any instrumentality thereof shall exercise such | 3 |
| authority as may be required to preclude a grant recipient or | 4 |
| party to a cooperative agreement from imposing any of the | 5 |
| elements specified in Section 15 in connection with any grant | 6 |
| or cooperative agreement awarded or entered into. Nothing in | 7 |
| this Act shall prohibit contractors or subcontractors from | 8 |
| voluntarily entering into agreements described in Section 15.
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