Full Text of SB1255 95th General Assembly
SB1255sam001 95TH GENERAL ASSEMBLY
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Sen. Michael Noland
Filed: 3/9/2007
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| AMENDMENT TO SENATE BILL 1255
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| AMENDMENT NO. ______. Amend Senate Bill 1255 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Job | 5 |
| Preservation Act of 2007. | 6 |
| Section 5. Legislative declaration. The General Assembly | 7 |
| finds, determines, and declares that: | 8 |
| (1) In recent years, a number of companies have | 9 |
| replaced highly-skilled workers from this State with | 10 |
| lower-paid, foreign laborers, a practice that is known as | 11 |
| outsourcing.
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| (2) In many cases, the impetus for the outsourcing is | 13 |
| pressure from domestic and foreign capital venture | 14 |
| companies that see foreign labor as a way of increasing | 15 |
| their already significant profits.
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| (3) The preservation of jobs in this State is of |
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| critical importance to the economic vitality of the State | 2 |
| and the local communities within the State. | 3 |
| (4) The economic dislocation caused by a company | 4 |
| outsourcing jobs threatens the health, safety, and welfare | 5 |
| of the people of this State.
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| (5) A company that engages in outsourcing from this | 7 |
| State to a site that is located outside the United States | 8 |
| should not enjoy the benefits of a lucrative State or local | 9 |
| procurement contract.
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| (6) Companies that engage in outsourcing to a site that | 11 |
| is located outside the United States should also be | 12 |
| prohibited from receiving grants, loans, tax incentives, | 13 |
| or other economic incentives from State and local | 14 |
| government.
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| Section 10. Definitions. In this Act, unless the context | 16 |
| otherwise requires: | 17 |
| (1) "Company" means any corporation, subchapter S | 18 |
| corporation, professional corporation, business trust, | 19 |
| estate, trust, joint stock company, joint venture, limited | 20 |
| liability company, partnership, association, | 21 |
| unincorporated association, society, or any other | 22 |
| nongovernmental legal entity.
"Company" also includes any | 23 |
| subsidiary, parent, merged, or acquired company. | 24 |
| (2) "Department" means the Department of Labor. | 25 |
| (3) "Director" means the Director of Labor. |
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| (4) "Local government" means a unit of local government | 2 |
| or a school district.
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| (5) "Procurement" means any State or local government | 4 |
| contract that exceeds $500.
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| (6) "State" means a department, office, commission, | 6 |
| institution, board, or other agency of State government, | 7 |
| including an institution of higher education.
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| (7) "Survey" means the job relocation survey that the | 9 |
| Director prepares in accordance with the provisions of this | 10 |
| Act. | 11 |
| Section 15. Job relocation; notice; survey. | 12 |
| (a) On or before January 31, 2008, and each January 31 | 13 |
| thereafter, any company doing business in this State that had a | 14 |
| net loss of 100 or more employees in the State during the prior | 15 |
| calendar year and the loss was caused by the relocation of the | 16 |
| jobs from this State to a site that is located outside of the | 17 |
| United States must notify the Department of the loss. | 18 |
| (b) The Director shall prepare a job relocation survey to | 19 |
| be completed by a company that notifies the Department pursuant | 20 |
| to this Section. In addition to any other information required | 21 |
| by the Director, the survey shall include the following: | 22 |
| (1) The name and principal place of business of the | 23 |
| company.
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| (2) Identification of any procurement contracts that | 25 |
| the company has with the State or a local government.
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| (3) Identification of any grants, loans, tax | 2 |
| incentives, or other economic development incentives that | 3 |
| the company has received from the State or a local | 4 |
| government during the previous 10 years.
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| (4) A statement of the number of employees of the | 6 |
| company that lost their jobs in the preceding calendar | 7 |
| year. | 8 |
| (5) A statement of the number of jobs that were added | 9 |
| in this State the preceding calendar year. | 10 |
| (6) A statement of the number of jobs that employees | 11 |
| lost that were caused as a result of the company | 12 |
| outsourcing the jobs to employees located outside of the | 13 |
| United States.
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| (c) Pursuant to subsections (a) and (b) of this Section, a | 15 |
| company shall complete and return the survey to the Department | 16 |
| within 30 days after receiving it. A company that fails to | 17 |
| respond to the survey within that 30-day period is subject to | 18 |
| the penalties set forth in this Act until the time that the | 19 |
| survey is completed.
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| (d) Any person who believes that he or she lost his or her | 21 |
| job as a result of a company outsourcing jobs to employees | 22 |
| located outside of the United States is encouraged to report | 23 |
| all relevant information to the Department.
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| Section 20. Outsourcing; penalties. | 25 |
| (a) Notwithstanding any provision of law to the contrary, |
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| if a company has had a net loss of 100 or more employees in this | 2 |
| State during the prior calendar year and the loss was caused by | 3 |
| the relocation of 100 or more jobs from this State to a site | 4 |
| that is located outside of the United States, then that company | 5 |
| shall, for a period of 7 years, be ineligible to:
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| (1) Enter into a procurement contract with the State or | 7 |
| a local government.
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| (2) Receive any government grant, loan, tax incentive, | 9 |
| or other economic incentive from the State or a local | 10 |
| government.
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| (3) Use any bonds, bond proceeds, or bond benefits from | 12 |
| the State or a local government.
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| (b) The Director shall provide written notice of any | 14 |
| company identified in subsection (a) of this Section to each of | 15 |
| the following: (i) the Governor; (ii) the General Assembly; | 16 |
| (iii) each State agency; (iv) each institution of higher | 17 |
| education; and (v) each local government.
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| (c) The 7-year period of ineligibility under subsection (a) | 19 |
| of this Section commences on the date of the written notice | 20 |
| provided by the Director pursuant to subsection (b) of this | 21 |
| Section.
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| Section 25. Home rule. A home rule unit may not regulate | 23 |
| companies that outsource jobs from this State to a site that is | 24 |
| located outside the United States in a manner less restrictive | 25 |
| than the regulation by the State under this Act. This Act is a |
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| limitation under subsection (i) of Section 6 of Article VII of | 2 |
| the Illinois Constitution on the concurrent exercise by home | 3 |
| rule units of powers and functions exercised by the State.
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| Section 90. The Illinois Procurement Code is amended by | 5 |
| 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 | 8 |
| 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;
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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 . | 17 |
| (8) the Job Preservation Act of 2007.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| Section 95. The State Mandates Act is amended by adding | 20 |
| Section 8.31 as follows: | 21 |
| (30 ILCS 805/8.31 new) | 22 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the | 2 |
| implementation of any mandate created by this amendatory Act of | 3 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.".
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