093_SB0461eng

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 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.
 
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 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
 
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 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
 
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 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).
 
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 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
 
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 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
 
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 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.