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Public Act 097-0199 | ||||
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AN ACT concerning finance.
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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 | ||||
Project Labor Agreements Act. | ||||
Section 5. Findings. | ||||
(a) The State of Illinois has a compelling interest in | ||||
awarding public works contracts so as to ensure the highest | ||||
standards of quality and efficiency at the lowest responsible | ||||
cost. | ||||
(b) A project labor agreement, which is a form of pre-hire | ||||
collective bargaining agreement covering all terms and | ||||
conditions of employment on a specific project, can ensure the | ||||
highest standards of quality and efficiency at the lowest | ||||
responsible cost on appropriate public works projects. | ||||
(c) The State of Illinois has a compelling interest that a | ||||
highly skilled workforce be employed on public works projects | ||||
to ensure lower costs over the lifetime of the completed | ||||
project for building, repairs, and maintenance. | ||||
(d) Project labor agreements provide the State of Illinois | ||||
with a guarantee that public works projects will be completed | ||||
with highly skilled workers. | ||||
(e) Project labor agreements provide for peaceful, |
orderly, and mutually binding procedures for resolving labor | ||
issues without labor disruption, preventing significant | ||
lost-time on construction projects. | ||
(f) Project labor agreements allow public agencies to | ||
predict more accurately the actual cost of the public works | ||
project. | ||
(e) The use of project labor agreements can be of | ||
particular benefit to complex construction projects. | ||
Section 10. Public works projects. On a project-by-project | ||
basis, a State department, agency, authority, board, or | ||
instrumentality that is under the control of the Governor shall | ||
include a project labor agreement on a public works project | ||
when that department, agency, authority, board, or | ||
instrumentality has determined that the agreement advances the | ||
State's interests of cost, efficiency, quality, safety, | ||
timeliness, skilled labor force, labor stability, or the | ||
State's policy to advance minority-owned and women-owned | ||
businesses and minority and female employment. | ||
Section 15. Public works projects funded with federal | ||
funds. When it has been determined that a project labor | ||
agreement is appropriate, and in furtherance of the President's | ||
Executive Order 13502, the State department, agency, | ||
authority, board, or instrumentality responsible for awarding | ||
the project may include a project labor agreement on a public |
works project funded in whole or in part with federal funds. | ||
Section 20. Negotiation of agreement. When it has been | ||
determined that a project labor agreement is appropriate for a | ||
particular public works project, the State department, agency, | ||
authority, board, or instrumentality responsible for awarding | ||
the project shall in good faith negotiate a project labor | ||
agreement with labor organizations engaged in the construction | ||
industry. If the State department, agency, authority, board, or | ||
instrumentality and the labor organizations engaged in the | ||
construction industry ("the parties") cannot agree to the terms | ||
of the project labor agreement, the Governor shall appoint a | ||
designee to assist the parties in reaching an agreement. | ||
Section 25. Contents of agreement. Pursuant to this Act, | ||
any project labor agreement shall: | ||
(a) Set forth effective, immediate, and mutually | ||
binding procedures for resolving jurisdictional labor | ||
disputes and grievances arising before the completion of | ||
work. | ||
(b) Contain guarantees against strikes, lockouts, or | ||
similar actions. | ||
(c) Ensure a reliable source of skilled and experienced | ||
labor. | ||
(d) For minorities and females as defined under the | ||
Business Enterprise for Minorities, Females, and Persons |
with Disabilities Act, set forth goals for apprenticeship | ||
hours to be performed by minorities and females and set | ||
forth goals for total hours to be performed by | ||
underrepresented minorities and females. | ||
(e) Permit the selection of the lowest qualified | ||
responsible bidder, without regard to union or non-union | ||
status at other construction sites. | ||
(f) Bind all contractors and subcontractors on the | ||
public works project through the inclusion of appropriate | ||
bid specifications in all relevant bid documents. | ||
(g) Include such other terms as the parties deem | ||
appropriate. | ||
Section 30. Publicly disclosed finding. Any decision to use | ||
a project labor agreement in connection with a public works | ||
project by a State department, agency, authority, board, or | ||
instrumentality shall be supported by a written, publicly | ||
disclosed finding by the department, agency, authority, board, | ||
or instrumentality, setting forth the justification for use of | ||
the project labor agreement. | ||
Section 35. Compliance. All State departments, agencies, | ||
authorities, boards, and instrumentalities shall ensure that | ||
all public works projects are implemented in a manner | ||
consistent with the terms of this Act and are in full | ||
compliance with all statutes, regulations, and Executive |
Orders. | ||
Section 37. Quarterly report; annual report. A State | ||
department, agency, authority, board, or instrumentality that | ||
has a project labor agreement in connection with a public works | ||
project shall prepare a quarterly report that includes | ||
workforce participation under the agreement by minorities and | ||
females as defined under the Business Enterprise for | ||
Minorities, Females, and Persons with Disabilities Act. These | ||
reports shall be submitted to the Illinois Department of Labor. | ||
The Illinois Department of Labor shall submit to the General | ||
Assembly and the Governor an annual report that details the | ||
number of minorities and females employed under all public | ||
labor agreements within the State. | ||
Section 40. Severability. Nothing in this Act shall be | ||
construed to contravene any state or federal law or to | ||
jeopardize the State's entitlement to federal funding. If any | ||
provision of this Act or its application to any person or | ||
circumstance is held invalid by any court of competent | ||
jurisdiction, this invalidity does not affect any other | ||
provision or application of this Act that can be given effect | ||
without the invalid provision or application. To achieve this | ||
purpose, the provisions of this Act are declared to be | ||
severable. |
Section 45. The Illinois Procurement Code is amended by | ||
changing Section 30-45 as follows:
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(30 ILCS 500/30-45)
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Sec. 30-45. Other Acts. This Article is subject to | ||
applicable
provisions of the following Acts:
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(1) the Prevailing Wage Act;
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(2) the Public Construction Bond Act;
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(3) the Public Works Employment Discrimination Act;
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(4) the Public Works Preference Act (repealed on June | ||
16, 2010 by Public Act 96-929) ;
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(5) the Employment of Illinois Workers on Public Works
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Act;
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(6) the Public Contract Fraud Act; and
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(7) the Illinois Construction Evaluation Act ; and | ||
(8) the Project Labor Agreements Act .
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(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised | ||
10-19-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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