093_SB0461eng SB461 Engrossed LRB093 03391 WGH 03409 b 1 AN ACT concerning State services. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 State Services Accountability Act. 6 Section 5. Legislative findings and declaration of 7 policy. 8 (a) The purpose of this Act is to set forth a program to 9 better provide goods, services, and public works to the 10 citizens of Illinois by ensuring that tax dollars expended 11 for goods or services or public works are properly used for 12 their allocated purpose. The State of Illinois enters into 13 reimbursement agreements and contracts with and provides 14 grants to private entities (contractors and grantees) for the 15 purpose of purchasing goods, providing services and building 16 or enhancing public works for the citizens of Illinois. The 17 State of Illinois enters into these contracts and provides 18 these grants to provide quality goods, services and public 19 works for the citizens of Illinois. 20 (b) The General Assembly finds that the needs of its 21 citizens cannot be met if the time frame for provision of 22 goods, the schedule for public works of the services provided 23 through reimbursement agreements, contracts, or grant 24 agreements between the State of Illinois and contractors and 25 grantees are subject to disruption and further finds that 26 likelihood of disruption is enhanced where disputes arise 27 over unionization. 28 (c) The General Assembly finds that the development of a 29 stable, well-trained, committed workforce is essential to the 30 provision of quality goods and services to Illinois' 31 citizens. SB461 Engrossed -2- LRB093 03391 WGH 03409 b 1 (d) The General Assembly further finds that the tax 2 dollars intended for appropriated use should not be used to 3 conduct campaigns aimed at influencing the outcome of union 4 representation elections. In addition, staff time, paid with 5 tax dollars, should be spent providing goods or services to 6 Illinois' citizens and not consumed by attending compulsory 7 meetings to influence employees regarding unionization. 8 (e) It is hereby declared to be the policy of the State 9 of Illinois that, to foster the development of a stable, 10 well-trained, committed workforce, the State of Illinois 11 shall prohibit its contractors or grantees from using State 12 funding to influence the decision of their employees to be 13 represented or not be represented by a union. 14 Section 10. Definitions. As used in this Act: 15 "Contractor or grantee" means an individual or entity, 16 other than the State of Illinois, a State agency, or a 17 political subdivision of the State of Illinois, which has a 18 reimbursement agreement or contractual or other relationship 19 with or has received moneys from the State of Illinois or a 20 State agency to provide goods or services, or public works 21 which reimbursement agreement, contract, or grant is funded 22 in whole or in part by the State of Illinois, or through the 23 Medicaid program of the State of Illinois. 24 "Contractor" includes a subcontractor and a contractor of 25 a grantee and any other entity, other than a unit of local 26 government or a school district, that receives State funds 27 for supplying goods or services or public works pursuant to a 28 written contract with the State or any of its agencies and 29 which is controlled in whole or in part by the contractor or 30 an entity in which the contractor has a substantial 31 beneficial interest. 32 "Grantee" includes a sub-grantee and a grantee of a 33 contractor and any other entity which provides goods or SB461 Engrossed -3- LRB093 03391 WGH 03409 b 1 services or public works controlled in whole or in part by 2 the grantee, or an entity in which the grantee has a 3 substantial beneficial interest. 4 "Employee" means a person employed by a contractor or 5 grantee other than a person employed in a bona fide 6 supervisory or managerial position as defined by applicable 7 law. 8 "Labor organization" means an organization of any kind in 9 which employees participate and which exists for the purpose, 10 in whole or in part, of representing employees concerning 11 grievances, labor disputes, wages, rates of pay, benefits, 12 hours of employment, or working conditions. 13 "State funds" means any money provided by the State of 14 Illinois or a State agency. 15 "Public works" means all fixed works constructed for 16 public use by any public body, other than work done directly 17 by any public utility company, whether or not done under 18 public supervision or direction, or paid for wholly or in 19 part out of public funds. "Public works" as defined herein 20 includes all projects financed in whole or in part with bonds 21 issued under the Industrial Project Revenue Bond Act (Article 22 11, Division 74 of the Illinois Municipal Code), the 23 Industrial Building Revenue Bond Act, the Illinois 24 Development Finance Authority Act, the Illinois Sports 25 Facilities Authority Act, or the Build Illinois Bond Act, and 26 all projects financed in whole or in part with loans or other 27 funds made available pursuant to the Build Illinois Act. 28 "Public works" also means, through December 31, 2005, all 29 projects financed in whole or in part with funds from the 30 Fund for Illinois' Future under Section 6z-47 of the State 31 Finance Act, funds for school construction under Section 5 of 32 the General Obligation Bond Act, funds authorized under 33 Section 3 of the School Construction Bond Act, funds for 34 school infrastructure under Section 6z-45 of the State SB461 Engrossed -4- LRB093 03391 WGH 03409 b 1 Finance Act, or funds for transportation purposes under 2 Section 4 of the General Obligation Bond Act. 3 "Public body" means the State or any officer, board or 4 commission of the State or any political subdivision or 5 department thereof, or any institution supported in whole or 6 in part by public funds, authorized by law to construct 7 public works or to enter into any contract for the 8 construction of public works, and includes every county, 9 city, town, village, township, school district, irrigation, 10 utility, reclamation improvement or other district and every 11 other political subdivision, district, or municipality of the 12 State whether such political subdivision, municipality, or 13 district operates under a special charter or not. 14 Section 15. Policy requirements. 15 (a) All contractors and grantees shall certify as part 16 of any State contract, grant, or reimbursement that they will 17 not use State funds to promote, assist, or deter union 18 organizing or to otherwise seek to influence the decision of 19 any of its employees to be represented or not represented by 20 a labor organization, and, with respect to employees engaged 21 in employment that is funded by a State contract, grant, or 22 reimbursement, that they will: 23 (i) not require or prohibit the attendance of 24 employees at any meeting related to union representation; 25 and 26 (ii) not schedule or hold meetings related to union 27 representation during an employee's work time or in work 28 areas. 29 (b) No contractor or grantee shall receive a contract or 30 grant to provide goods or services or public works for the 31 citizens of the State of Illinois unless the contractor or 32 grantee has agreed to provide certification under subsection 33 (a). SB461 Engrossed -5- LRB093 03391 WGH 03409 b 1 (c) Any reimbursement agreement, contract, or grant 2 entered into by and between a contractor or a grantee and the 3 State of Illinois or a State agency to provide goods or 4 services or public works shall include a certification under 5 subsection (a) and an agreement by the contractor or grantee 6 to comply with the terms of the certification under 7 subsection (a). 8 (d) Any contractor or grantee entering into a contract 9 with any person or entity to provide goods or services or 10 public works subject to the contract or grant agreement 11 between the contractor or grantee and the State of Illinois 12 or a State agency shall include in the contract or grant 13 agreement a certification under subsection (a) identical to 14 the certification under subsection (a) in the contract or 15 grant agreement between the contractor or grantee and the 16 State of Illinois or State agency. 17 Section 20. Reporting. 18 (a) Any contractor or grantee who is subject to this Act 19 and who makes expenditures to assist, promote, or deter union 20 organizing shall maintain records sufficient to show that no 21 State funds were used for those expenditures. Expenditures to 22 be included in this record include, but are not limited to, 23 the cost of: literature or other similar communications 24 related to union representation; the hiring of vendors, 25 including lawyers and consultants, for the purpose of 26 influencing a unionization effort; the holding of meetings, 27 including meetings with supervisors and managerial employees, 28 to influence employees regarding unionization; and the wages 29 of employees, including supervisory and management employees, 30 during any activity aimed at influencing a unionization 31 effort or the preparation for the activity. 32 (b) Any taxpayer, employee, or employee representative 33 may file a complaint with the Illinois Attorney General if SB461 Engrossed -6- LRB093 03391 WGH 03409 b 1 the person believes that a contractor or grantee is expending 2 funds in violation of this Act. The Illinois Attorney General 3 shall, within 10 business days after a complaint is filed, 4 notify the contractor or grantee that the contractor or 5 grantee must provide the records described in subsection (a). 6 The contractor or grantee shall provide the records to the 7 Illinois Attorney General within 15 business days after the 8 contractor or grantee receives the notice from the Illinois 9 Attorney General, unless the Illinois Attorney General gives 10 the contractor or grantee a 10-day extension of time to 11 provide the records based upon a showing of good cause for 12 the extension by the contractor or grantee. If the Illinois 13 Attorney General determines that the contractor or grantee 14 has expended funds in violation of this Act, the Illinois 15 Attorney General shall make the records available to the 16 complainant. 17 Section 25. Enforcement. 18 (a) If a contractor or grantee breaches its 19 certification under Section 15 or fails to comply with the 20 reporting requirements of Section 20, the State of Illinois 21 may take any action necessary to enforce compliance, 22 including but not limited to a civil action for injunctive 23 relief, declaratory relief, specific performance, or damages 24 or a combination of those remedies. 25 (b) If the State of Illinois brings an enforcement 26 action for violation of this Act, any person or labor 27 organization with a direct interest in compliance with this 28 Act may join in that enforcement action as a real party in 29 interest. 30 (c) If the State of Illinois declines to institute an 31 action for enforcement for violation of this Act, any person 32 or labor organization with a direct interest in compliance 33 with this Act may institute and enforce a civil action on his SB461 Engrossed -7- LRB093 03391 WGH 03409 b 1 or her or its own behalf against the contractor or grantee 2 and seek injunctive relief, declaratory relief, specific 3 performance, or damages or a combination of those remedies. 4 (d) Remedies for violation of this Act include but are 5 not limited to injunctive and declaratory relief, specific 6 performance, and monetary damages. In view of the difficulty 7 of determining actual damages incurred because of a violation 8 of this Act, liquidated damages shall be awarded at the rate 9 of $1,000 for each violation, plus an additional $500 for 10 each day the violation continues without remedy. All damages 11 shall inure to the benefit of the State of Illinois. 12 Section 30. Construction of Act. Nothing in this Act 13 shall be construed to make a contractor responsible for the 14 actions of a subcontractor. 15 Section 90. Severability. The provisions of this Act are 16 severable under Section 1.31 of the Statute on Statutes. 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.