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Public Act 097-0199


 

Public Act 0199 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0199
 
HB2987 EnrolledLRB097 07216 PJG 47323 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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:
 
    (30 ILCS 500/30-45)
    Sec. 30-45. Other Acts. This Article is subject to
applicable provisions of the following Acts:
        (1) the Prevailing Wage Act;
        (2) the Public Construction Bond Act;
        (3) the Public Works Employment Discrimination Act;
        (4) the Public Works Preference Act (repealed on June
    16, 2010 by Public Act 96-929);
        (5) the Employment of Illinois Workers on Public Works
    Act;
        (6) the Public Contract Fraud Act;and
        (7) the Illinois Construction Evaluation Act; and
        (8) the Project Labor Agreements Act.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
10-19-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/27/2011