Illinois General Assembly - Full Text of HB2987
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Full Text of HB2987  97th General Assembly




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1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Project Labor Agreements Act.
6    Section 5. Findings.
7    (a) The State of Illinois has a compelling interest in
8awarding public works contracts so as to ensure the highest
9standards of quality and efficiency at the lowest responsible
11    (b) A project labor agreement, which is a form of pre-hire
12collective bargaining agreement covering all terms and
13conditions of employment on a specific project, can ensure the
14highest standards of quality and efficiency at the lowest
15responsible cost on appropriate public works projects.
16    (c) The State of Illinois has a compelling interest that a
17highly skilled workforce be employed on public works projects
18to ensure lower costs over the lifetime of the completed
19project for building, repairs, and maintenance.
20    (d) Project labor agreements provide the State of Illinois
21with a guarantee that public works projects will be completed
22with highly skilled workers.
23    (e) Project labor agreements provide for peaceful,



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1orderly, and mutually binding procedures for resolving labor
2issues without labor disruption, preventing significant
3lost-time on construction projects.
4    (f) Project labor agreements allow public agencies to
5predict more accurately the actual cost of the public works
7    (e) The use of project labor agreements can be of
8particular benefit to complex construction projects.
9    Section 10. Public works projects. On a project-by-project
10basis, a State department, agency, authority, board, or
11instrumentality that is under the control of the Governor shall
12include a project labor agreement on a public works project
13when that department, agency, authority, board, or
14instrumentality has determined that the agreement advances the
15State's interests of cost, efficiency, quality, safety,
16timeliness, skilled labor force, labor stability, or the
17State's policy to advance minority-owned and women-owned
18businesses and minority and female employment.
19    Section 15. Public works projects funded with federal
20funds. When it has been determined that a project labor
21agreement is appropriate, and in furtherance of the President's
22Executive Order 13502, the State department, agency,
23authority, board, or instrumentality responsible for awarding
24the project may include a project labor agreement on a public



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1works project funded in whole or in part with federal funds.
2    Section 20. Negotiation of agreement. When it has been
3determined that a project labor agreement is appropriate for a
4particular public works project, the State department, agency,
5authority, board, or instrumentality responsible for awarding
6the project shall in good faith negotiate a project labor
7agreement with labor organizations engaged in the construction
8industry. If the State department, agency, authority, board, or
9instrumentality and the labor organizations engaged in the
10construction industry ("the parties") cannot agree to the terms
11of the project labor agreement, the Governor shall appoint a
12designee to assist the parties in reaching an agreement.
13    Section 25. Contents of agreement. Pursuant to this Act,
14any project labor agreement shall:
15        (a) Set forth effective, immediate, and mutually
16    binding procedures for resolving jurisdictional labor
17    disputes and grievances arising before the completion of
18    work.
19        (b) Contain guarantees against strikes, lockouts, or
20    similar actions.
21        (c) Ensure a reliable source of skilled and experienced
22    labor.
23        (d) For minorities and females as defined under the
24    Business Enterprise for Minorities, Females, and Persons



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1    with Disabilities Act, set forth goals for apprenticeship
2    hours to be performed by minorities and females and set
3    forth goals for total hours to be performed by
4    underrepresented minorities and females.
5        (e) Permit the selection of the lowest qualified
6    responsible bidder, without regard to union or non-union
7    status at other construction sites.
8        (f) Bind all contractors and subcontractors on the
9    public works project through the inclusion of appropriate
10    bid specifications in all relevant bid documents.
11        (g) Include such other terms as the parties deem
12    appropriate.
13    Section 30. Publicly disclosed finding. Any decision to use
14a project labor agreement in connection with a public works
15project by a State department, agency, authority, board, or
16instrumentality shall be supported by a written, publicly
17disclosed finding by the department, agency, authority, board,
18or instrumentality, setting forth the justification for use of
19the project labor agreement.
20    Section 35. Compliance. All State departments, agencies,
21authorities, boards, and instrumentalities shall ensure that
22all public works projects are implemented in a manner
23consistent with the terms of this Act and are in full
24compliance with all statutes, regulations, and Executive



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2    Section 37. Quarterly report; annual report. A State
3department, agency, authority, board, or instrumentality that
4has a project labor agreement in connection with a public works
5project shall prepare a quarterly report that includes
6workforce participation under the agreement by minorities and
7females as defined under the Business Enterprise for
8Minorities, Females, and Persons with Disabilities Act. These
9reports shall be submitted to the Illinois Department of Labor.
10The Illinois Department of Labor shall submit to the General
11Assembly and the Governor an annual report that details the
12number of minorities and females employed under all public
13labor agreements within the State.
14    Section 40. Severability. Nothing in this Act shall be
15construed to contravene any state or federal law or to
16jeopardize the State's entitlement to federal funding. If any
17provision of this Act or its application to any person or
18circumstance is held invalid by any court of competent
19jurisdiction, this invalidity does not affect any other
20provision or application of this Act that can be given effect
21without the invalid provision or application. To achieve this
22purpose, the provisions of this Act are declared to be



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1    Section 45. The Illinois Procurement Code is amended by
2changing Section 30-45 as follows:
3    (30 ILCS 500/30-45)
4    Sec. 30-45. Other Acts. This Article is subject to
5applicable provisions of the following Acts:
6        (1) the Prevailing Wage Act;
7        (2) the Public Construction Bond Act;
8        (3) the Public Works Employment Discrimination Act;
9        (4) the Public Works Preference Act (repealed on June
10    16, 2010 by Public Act 96-929);
11        (5) the Employment of Illinois Workers on Public Works
12    Act;
13        (6) the Public Contract Fraud Act;and
14        (7) the Illinois Construction Evaluation Act; and
15        (8) the Project Labor Agreements Act.
16(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
18    Section 99. Effective date. This Act takes effect upon
19becoming law.