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| Public Act 096-0929 |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Employment of Illinois Workers on Public | ||||
Works Act is amended by changing Sections 0.01, 1, 1.1, 2, 3, | ||||
4, 5, 6, and 7 and by adding Sections 7.05, 7.10, 7.15, and | ||||
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 | ||||
the
Employment of Illinois Workers on Public Works Act. In this | ||||
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) | ||||
Sec. 1. Definitions. For the purposes of Article 2 of this | ||||
Act, the following words have
the meanings ascribed to them in | ||||
this Section. | ||||
(1) "Illinois laborer" refers to any person who has resided | ||||
in Illinois
for at least 30 days and intends to become or | ||||
remain an Illinois resident. | ||||
(2) "A period of excessive unemployment" means any month | ||||
immediately
following 2 consecutive calendar months during | ||||
which the level of unemployment
in the State of Illinois has | ||||
exceeded 5% as measured by the United States
Bureau of Labor | ||
Statistics in its monthly publication of employment and
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unemployment figures. | ||
(3) "Hazardous waste" has the definition ascribed to it in | ||
Section 3.220 of
the Illinois Environmental Protection Act, | ||
approved June 29, 1970,
as amended. | ||
(4) "Interested party" means a person or entity with an | ||
interest in compliance with this Act. | ||
(5) "Entity" means any sole proprietor, partnership, firm, | ||
corporation, limited liability company, association, or other | ||
business enterprise; however, the term "entity" does not | ||
include (i) the State of Illinois or its officers, agencies, or | ||
political subdivisions or (ii) the federal government. | ||
(6) "Public works" means any fixed work construction or | ||
improvement for the State of Illinois or any political | ||
subdivision of the State if that fixed work construction or | ||
improvement is funded or financed in whole or in part with | ||
State funds or funds administered by the State of Illinois. | ||
(Source: P.A. 92-574, eff. 6-26-02.) | ||
(30 ILCS 570/1.1) (from Ch. 48, par. 2201.1) | ||
Sec. 1.1. Findings. The General Assembly finds and declares | ||
that unemployment in the
Illinois construction industry has | ||
traditionally tended to be higher in those counties which
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border upon other states. Further, the General Assembly finds | ||
and declares
that the over-utilization of out-of-state | ||
laborers on public works projects
or improvements for the State | ||
of Illinois or any political subdivision,
municipal | ||
corporation or other governmental units thereof is a | ||
contributing
factor to higher levels of unemployment both in | ||
the border counties and
throughout Illinois. It is the public | ||
policy of this State and the
objective of this Act to promote | ||
the general welfare of the people of this
State by ensuring | ||
that Illinois laborers are utilized to the greatest
extent | ||
possible on public works projects or improvements for the State | ||
of
Illinois or any political subdivision, municipal | ||
corporation or other
governmental units thereof. To this end, | ||
this Act shall be liberally
construed to effectuate its | ||
purpose. | ||
(Source: P.A. 87-377.) | ||
(30 ILCS 570/2) (from Ch. 48, par. 2202) | ||
Sec. 2. Applicability. This Article 2 of this Act applies | ||
to all labor on public works projects or
improvements, | ||
including projects involving the clean-up and on-site disposal | ||
of
hazardous waste, but excluding emergency response or | ||
immediate removal
activities, whether skilled,
semi-skilled or | ||
unskilled, whether manual or non-manual. | ||
(Source: P.A. 86-1015.) | ||
(30 ILCS 570/3) (from Ch. 48, par. 2203) | ||
Sec. 3. Employment of Illinois laborers. Whenever there is | ||
a period of excessive unemployment in Illinois,
if a every | ||
person or entity who is charged with the duty, either by law or
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contract, of (1) constructing or building any public works, as | ||
defined in this Act, project or
improvement or (2) for the | ||
clean-up and on-site disposal of hazardous waste for the
State | ||
of Illinois or any political subdivision of the State, and that | ||
clean-up or on-site disposal is funded or financed in whole or | ||
in part with State funds or funds administered by the State of | ||
Illinois, then that person or entity municipal corporation or | ||
other governmental unit thereof shall employ at least 90% only
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Illinois laborers on such project. Any public works project | ||
financed in whole or in part by federal funds administered by | ||
the State of Illinois is covered under the provisions of this | ||
Act, to the extent permitted by any applicable federal law or | ||
regulation. Every public works or improvement, and every | ||
contract let by
any such person shall contain a provision | ||
requiring that such labor be
used: Provided, that other | ||
laborers may be used when Illinois laborers as
defined in this | ||
Act are not available, or are incapable of performing the
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particular type of work involved, if so certified by the | ||
contractor and
approved by the contracting officer. | ||
(Source: P.A. 86-1015.) | ||
(30 ILCS 570/4) (from Ch. 48, par. 2204) | ||
Sec. 4. Non-resident executive and technical experts. | ||
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 | ||
a
hazardous waste clean-up and on-site disposal project, of his | ||
regularly
employed non-resident executive and technical | ||
experts, even though they do
not qualify as Illinois laborers | ||
as defined in Section 1 of Article 2 of this Act. | ||
(Source: P.A. 86-1015.) | ||
(30 ILCS 570/5) (from Ch. 48, par. 2205) | ||
Sec. 5. Expenditure of federal funds. | ||
(a) In all contracts involving the expenditure of federal
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aid funds in relation to a public works project or improvement, | ||
Article 2 of
this Act shall not be enforced in such manner as | ||
to conflict with any
federal statutes or rules and regulations. | ||
(b) When federal expenditures
are used in combination with | ||
State expenditures for clean-up and on-site disposal
of | ||
hazardous waste, it shall be the responsibility of the Illinois | ||
Environmental
Protection Agency to notify, with respect to such | ||
project, any Illinois
hazardous waste cleanup contractor who | ||
has requested such notification
of the date when bids will be | ||
accepted for such projects
and the requirements necessary to | ||
successfully compete for such projects. | ||
(Source: P.A. 86-1015.) | ||
(30 ILCS 570/6) (from Ch. 48, par. 2206) | ||
Sec. 6. Penalties. Any person or entity that violates the | ||
provisions of this Act is subject to a civil penalty in an | ||
amount not to exceed $1,000 for each violation found in the | ||
first investigation by the Department, not to exceed $5,000 for | ||
each violation found in the second investigation by the | ||
Department, and not to exceed $15,000 for a third or subsequent | ||
violation found in any subsequent investigation by the | ||
Department. Any person who knowingly fails to use Illinois | ||
laborers as
required in Article 2 of this
Act, shall be guilty | ||
of a Class C misdemeanor. Each violation of this Act for each | ||
worker and for each day the violation continues constitutes | ||
separate case of
failure to use Illinois laborers on such | ||
public works projects or
improvements or for the clean-up and | ||
on-site disposal of hazardous waste shall
constitute a separate | ||
and distinct violation offense. In determining the amount of | ||
the penalty, the Department shall consider the appropriateness | ||
of the penalty to the person or entity charged, upon | ||
determination of the gravity of the violations. The collection | ||
of these penalties shall be enforced in a civil action brought | ||
by the Attorney General on behalf of the Department. | ||
(Source: P.A. 86-1015.) | ||
(30 ILCS 570/7) (from Ch. 48, par. 2207) | ||
Sec. 7. Enforcement. It is the duty of the Department of | ||
Labor to enforce the provisions of this Act. The Department has | ||
the power to conduct investigations in connection with the | ||
administration and enforcement of this Act, and any | ||
investigator with the Department is authorized to visit and | ||
inspect, at all reasonable times, any places covered by this | ||
Act and is authorized to inspect, at all reasonable times, | ||
documents related to the determination of whether a violation | ||
of the Act exists. The Department may compel, by subpoena, the | ||
attendance and testimony of witnesses and the production of | ||
books, payrolls, records, papers, and other evidence in any | ||
investigation and may administer oaths to witnesses. The | ||
Article 2 of this Act shall be enforced by the Department of | ||
Labor, which, as
represented by the Attorney General, is | ||
empowered to: (i) issue and cause to be served on any person or | ||
entity an order to cease and desist from further violation of | ||
this Act, (ii) take affirmative or other action as deemed | ||
reasonable to eliminate the effect of the violation, (iii) | ||
collect any civil penalties assessed by the Department pursuant | ||
to Section 6 of this Act, and (iv) sue for injunctive
relief | ||
against the awarding of any contract or the continuation of any | ||
work
under any contract for public works or improvements or for | ||
the clean-up
and on-site disposal of hazardous waste at a time | ||
when the
provisions of Article 2 of this
Act are not being met. | ||
(Source: P.A. 86-1015.) | ||
(30 ILCS 570/7.05 new) | ||
Sec. 7.05. Review. Any party seeking review of the | ||
Department's determination may file a written request for an | ||
informal conference. The request must be received by the | ||
Department within 15 calendar days after the date of issuance | ||
of the Department's determination. During the conference, the | ||
party seeking review may present written or oral information | ||
and arguments as to why the Department's determination should | ||
be amended or vacated. The Department shall consider the | ||
information and arguments presented and issue a written | ||
decision advising all parties of the outcome of the conference. | ||
(30 ILCS 570/7.10 new) | ||
Sec. 7.10. Employment of Illinois Workers on Public Works | ||
Projects Fund. All moneys received by the Department as civil | ||
penalties under this Act shall be deposited into the Employment | ||
of Illinois Workers on Public Works Projects Fund and shall be | ||
used, subject to appropriation by the General Assembly, by the | ||
Department for administration, investigation, and other | ||
expenses incurred in carrying out its powers and duties under | ||
this Act. The Department shall hire as many investigators and | ||
other personnel as may be necessary to carry out the purposes | ||
of this Act. Any moneys in the Fund at the end of a fiscal year | ||
in excess of those moneys necessary for the Department to carry | ||
out its powers and duties under this Act shall be available for | ||
appropriation to the Department for the next fiscal year for | ||
any of the Department's duties. | ||
(30 ILCS 570/7.15 new) | ||
Sec. 7.15. Private right of action. | ||
(a) Any interested party or person aggrieved by a violation | ||
of this Act or any rule adopted under this Act may file suit in | ||
circuit court, in the county where the alleged offense occurred | ||
or where any party to the action resides, without regard to | ||
exhaustion of any alternative administrative remedies provided | ||
in this Act. Actions may only be brought (i) 30 days or more | ||
after a complaint has been filed with the Department of Labor | ||
by any interested party or person aggrieved by a violation of | ||
this Act or (ii) any time after the filing of a complaint if | ||
the Department of Labor notifies any interested party or person | ||
aggrieved by a violation of this Act that the Department will | ||
not proceed with the complaint. Actions may be brought by one | ||
or more persons or entities for and on behalf of themselves and | ||
other persons or entities similarly situated. A person or | ||
entity whose rights have been violated under this Act is | ||
entitled to collect: | ||
(1) attorney's fees and costs; and | ||
(2) compensatory damages in an amount not to exceed | ||
$500 for each violation of this Act or any rule adopted | ||
under this Act. Each violation of this Act for each worker | ||
and for each day the violation continues constitutes a | ||
separate and distinct violation. | ||
(b) The right of an interested party or aggrieved person to | ||
bring an action under this Section terminates upon the passing | ||
of 3 years from the date of completion and acceptance of the | ||
public works project in question. | ||
(30 ILCS 570/7.20 new) | ||
Sec. 7.20. Rulemaking. The Department may adopt reasonable | ||
rules to implement and administer this Act. For purposes of | ||
this Act, the General Assembly finds that the adoption of rules | ||
to implement this Act is deemed an emergency and necessary for | ||
the public interest and welfare. | ||
(30 ILCS 560/Act rep.) | ||
Section 10. The Public Works Preference Act is repealed. | ||
Section 15. The State Finance Act is amended by adding | ||
Section 5.755 as follows: | ||
(30 ILCS 105/5.755 new) | ||
Sec. 5.755. The Employment of Illinois Workers on Public | ||
Works Projects Fund.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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