093_HB3190ham001

 










                                     LRB093 06330 BDD 14428 a

 1                    AMENDMENT TO HOUSE BILL 3190

 2        AMENDMENT NO.     .  Amend House Bill 3190  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Public Works Responsibility Act.

 6        Section 5.  Applicability. This Act applies to  contracts
 7    and  subcontracts for public works entered into by the State,
 8    by a unit of local government, or by a school district.

 9        Section 10.  Minority and female  goals.   Each  contract
10    and  subcontract  for  a public works contract must include a
11    provision setting forth the percentage of female and minority
12    workers that the contractor or subcontractor plans to  employ
13    to  perform  work on the public works project. This provision
14    should, but is not required  to,  stress  the  importance  of
15    hiring  the  percentage of females and minorities that is set
16    out in the contract or subcontract.

17        Section   15.  Penalties.   If    any    contractor    or
18    subcontractor  fails  to employ the percentage of females and
19    minorities on a public works project  as  set  forth  in  the
20    contract or subcontract, then the contractor or subcontractor
 
                            -2-      LRB093 06330 BDD 14428 a
 1    must pay a penalty in the amount of the price of the contract
 2    or  subcontract  multiplied  by the percentage of females and
 3    minorities that the contractor or  subcontractor  planned  to
 4    employ.  The penalty shall be paid to the governmental entity
 5    that entered into the public works project.  Any  person  who
 6    violates this Act may not bid on any public works project for
 7    a  period  of  2 years.  A contractor or subcontractor is not
 8    liable under this Act if he or she  has  made  a  good  faith
 9    effort  to  meet  his  or  her commitments to hire female and
10    minority workers but has been unable to  do  so  due  to  the
11    unavailability  of  female and minority workers. A contractor
12    or subcontractor is not liable under this Act if  he  or  she
13    provides  only  goods and does not provide any services under
14    the contract or subcontract.".