Public Act 096-0929
 
HB6349 Enrolled LRB096 20966 RCE 36810 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Employment of Illinois Workers on Public
Works Act is amended by changing Sections 0.01, 1, 1.1, 2, 3,
4, 5, 6, and 7 and by adding Sections 7.05, 7.10, 7.15, and
7.20 as follows:
 
    (30 ILCS 570/0.01)  (from Ch. 48, par. 2200)
    Sec. 0.01. Short title. This Article 2 Act may be cited as
the Employment of Illinois Workers on Public Works Act. In this
Article 2, references to this Act mean this Article 2.
(Source: P.A. 86-1324.)
 
    (30 ILCS 570/1)  (from Ch. 48, par. 2201)
    Sec. 1. Definitions. For the purposes of Article 2 of this
Act, the following words have the meanings ascribed to them in
this Section.
    (1) "Illinois laborer" refers to any person who has resided
in Illinois for at least 30 days and intends to become or
remain an Illinois resident.
    (2) "A period of excessive unemployment" means any month
immediately following 2 consecutive calendar months during
which the level of unemployment in the State of Illinois has
exceeded 5% as measured by the United States Bureau of Labor
Statistics in its monthly publication of employment and
unemployment figures.
    (3) "Hazardous waste" has the definition ascribed to it in
Section 3.220 of the Illinois Environmental Protection Act,
approved June 29, 1970, as amended.
    (4) "Interested party" means a person or entity with an
interest in compliance with this Act.
    (5) "Entity" means any sole proprietor, partnership, firm,
corporation, limited liability company, association, or other
business enterprise; however, the term "entity" does not
include (i) the State of Illinois or its officers, agencies, or
political subdivisions or (ii) the federal government.
    (6) "Public works" means any fixed work construction or
improvement for the State of Illinois or any political
subdivision of the State if that fixed work construction or
improvement is funded or financed in whole or in part with
State funds or funds administered by the State of Illinois.
(Source: P.A. 92-574, eff. 6-26-02.)
 
    (30 ILCS 570/1.1)  (from Ch. 48, par. 2201.1)
    Sec. 1.1. Findings. The General Assembly finds and declares
that unemployment in the Illinois construction industry has
traditionally tended to be higher in those counties which
border upon other states. Further, the General Assembly finds
and declares that the over-utilization of out-of-state
laborers on public works projects or improvements for the State
of Illinois or any political subdivision, municipal
corporation or other governmental units thereof is a
contributing factor to higher levels of unemployment both in
the border counties and throughout Illinois. It is the public
policy of this State and the objective of this Act to promote
the general welfare of the people of this State by ensuring
that Illinois laborers are utilized to the greatest extent
possible on public works projects or improvements for the State
of Illinois or any political subdivision, municipal
corporation or other governmental units thereof. To this end,
this Act shall be liberally construed to effectuate its
purpose.
(Source: P.A. 87-377.)
 
    (30 ILCS 570/2)  (from Ch. 48, par. 2202)
    Sec. 2. Applicability. This Article 2 of this Act applies
to all labor on public works projects or improvements,
including projects involving the clean-up and on-site disposal
of hazardous waste, but excluding emergency response or
immediate removal activities, whether skilled, semi-skilled or
unskilled, whether manual or non-manual.
(Source: P.A. 86-1015.)
 
    (30 ILCS 570/3)  (from Ch. 48, par. 2203)
    Sec. 3. Employment of Illinois laborers. Whenever there is
a period of excessive unemployment in Illinois, if a every
person or entity who is charged with the duty, either by law or
contract, of (1) constructing or building any public works, as
defined in this Act, project or improvement or (2) for the
clean-up and on-site disposal of hazardous waste for the State
of Illinois or any political subdivision of the State, and that
clean-up or on-site disposal is funded or financed in whole or
in part with State funds or funds administered by the State of
Illinois, then that person or entity municipal corporation or
other governmental unit thereof shall employ at least 90% only
Illinois laborers on such project. Any public works project
financed in whole or in part by federal funds administered by
the State of Illinois is covered under the provisions of this
Act, to the extent permitted by any applicable federal law or
regulation. Every public works or improvement, and every
contract let by any such person shall contain a provision
requiring that such labor be used: Provided, that other
laborers may be used when Illinois laborers as defined in this
Act are not available, or are incapable of performing the
particular type of work involved, if so certified by the
contractor and approved by the contracting officer.
(Source: P.A. 86-1015.)
 
    (30 ILCS 570/4)  (from Ch. 48, par. 2204)
    Sec. 4. Non-resident executive and technical experts.
Every contractor on a public works project or improvement or
hazardous waste clean-up and on-site disposal project in this
State may place on such work no more than 3, or 6 in the case of
a hazardous waste clean-up and on-site disposal project, of his
regularly employed non-resident executive and technical
experts, even though they do not qualify as Illinois laborers
as defined in Section 1 of Article 2 of this Act.
(Source: P.A. 86-1015.)
 
    (30 ILCS 570/5)  (from Ch. 48, par. 2205)
    Sec. 5. Expenditure of federal funds.
    (a) In all contracts involving the expenditure of federal
aid funds in relation to a public works project or improvement,
Article 2 of this Act shall not be enforced in such manner as
to conflict with any federal statutes or rules and regulations.
    (b) When federal expenditures are used in combination with
State expenditures for clean-up and on-site disposal of
hazardous waste, it shall be the responsibility of the Illinois
Environmental Protection Agency to notify, with respect to such
project, any Illinois hazardous waste cleanup contractor who
has requested such notification of the date when bids will be
accepted for such projects and the requirements necessary to
successfully compete for such projects.
(Source: P.A. 86-1015.)
 
    (30 ILCS 570/6)  (from Ch. 48, par. 2206)
    Sec. 6. Penalties. Any person or entity that violates the
provisions of this Act is subject to a civil penalty in an
amount not to exceed $1,000 for each violation found in the
first investigation by the Department, not to exceed $5,000 for
each violation found in the second investigation by the
Department, and not to exceed $15,000 for a third or subsequent
violation found in any subsequent investigation by the
Department. Any person who knowingly fails to use Illinois
laborers as required in Article 2 of this Act, shall be guilty
of a Class C misdemeanor. Each violation of this Act for each
worker and for each day the violation continues constitutes
separate case of failure to use Illinois laborers on such
public works projects or improvements or for the clean-up and
on-site disposal of hazardous waste shall constitute a separate
and distinct violation offense. In determining the amount of
the penalty, the Department shall consider the appropriateness
of the penalty to the person or entity charged, upon
determination of the gravity of the violations. The collection
of these penalties shall be enforced in a civil action brought
by the Attorney General on behalf of the Department.
(Source: P.A. 86-1015.)
 
    (30 ILCS 570/7)  (from Ch. 48, par. 2207)
    Sec. 7. Enforcement. It is the duty of the Department of
Labor to enforce the provisions of this Act. The Department has
the power to conduct investigations in connection with the
administration and enforcement of this Act, and any
investigator with the Department is authorized to visit and
inspect, at all reasonable times, any places covered by this
Act and is authorized to inspect, at all reasonable times,
documents related to the determination of whether a violation
of the Act exists. The Department may compel, by subpoena, the
attendance and testimony of witnesses and the production of
books, payrolls, records, papers, and other evidence in any
investigation and may administer oaths to witnesses. The
Article 2 of this Act shall be enforced by the Department of
Labor, which, as represented by the Attorney General, is
empowered to: (i) issue and cause to be served on any person or
entity an order to cease and desist from further violation of
this Act, (ii) take affirmative or other action as deemed
reasonable to eliminate the effect of the violation, (iii)
collect any civil penalties assessed by the Department pursuant
to Section 6 of this Act, and (iv) sue for injunctive relief
against the awarding of any contract or the continuation of any
work under any contract for public works or improvements or for
the clean-up and on-site disposal of hazardous waste at a time
when the provisions of Article 2 of this Act are not being met.
(Source: P.A. 86-1015.)
 
    (30 ILCS 570/7.05 new)
    Sec. 7.05. Review. Any party seeking review of the
Department's determination may file a written request for an
informal conference. The request must be received by the
Department within 15 calendar days after the date of issuance
of the Department's determination. During the conference, the
party seeking review may present written or oral information
and arguments as to why the Department's determination should
be amended or vacated. The Department shall consider the
information and arguments presented and issue a written
decision advising all parties of the outcome of the conference.
 
    (30 ILCS 570/7.10 new)
    Sec. 7.10. Employment of Illinois Workers on Public Works
Projects Fund. All moneys received by the Department as civil
penalties under this Act shall be deposited into the Employment
of Illinois Workers on Public Works Projects Fund and shall be
used, subject to appropriation by the General Assembly, by the
Department for administration, investigation, and other
expenses incurred in carrying out its powers and duties under
this Act. The Department shall hire as many investigators and
other personnel as may be necessary to carry out the purposes
of this Act. Any moneys in the Fund at the end of a fiscal year
in excess of those moneys necessary for the Department to carry
out its powers and duties under this Act shall be available for
appropriation to the Department for the next fiscal year for
any of the Department's duties.
 
    (30 ILCS 570/7.15 new)
    Sec. 7.15. Private right of action.
    (a) Any interested party or person aggrieved by a violation
of this Act or any rule adopted under this Act may file suit in
circuit court, in the county where the alleged offense occurred
or where any party to the action resides, without regard to
exhaustion of any alternative administrative remedies provided
in this Act. Actions may only be brought (i) 30 days or more
after a complaint has been filed with the Department of Labor
by any interested party or person aggrieved by a violation of
this Act or (ii) any time after the filing of a complaint if
the Department of Labor notifies any interested party or person
aggrieved by a violation of this Act that the Department will
not proceed with the complaint. Actions may be brought by one
or more persons or entities for and on behalf of themselves and
other persons or entities similarly situated. A person or
entity whose rights have been violated under this Act is
entitled to collect:
        (1) attorney's fees and costs; and
        (2) compensatory damages in an amount not to exceed
    $500 for each violation of this Act or any rule adopted
    under this Act. Each violation of this Act for each worker
    and for each day the violation continues constitutes a
    separate and distinct violation.
    (b) The right of an interested party or aggrieved person to
bring an action under this Section terminates upon the passing
of 3 years from the date of completion and acceptance of the
public works project in question.
 
    (30 ILCS 570/7.20 new)
    Sec. 7.20. Rulemaking. The Department may adopt reasonable
rules to implement and administer this Act. For purposes of
this Act, the General Assembly finds that the adoption of rules
to implement this Act is deemed an emergency and necessary for
the public interest and welfare.
 
    (30 ILCS 560/Act rep.)
    Section 10. The Public Works Preference Act is repealed.
 
    Section 15. The State Finance Act is amended by adding
Section 5.755 as follows:
 
    (30 ILCS 105/5.755 new)
    Sec. 5.755. The Employment of Illinois Workers on Public
Works Projects Fund.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.