SB 461 — STATE SERVICES ACCOUNTABILITY

093_SB0461SB461 Engrossed LRB093 03391 WGH 03409 b AN ACT concerning State services.

(c) The General Assembly finds that somethe contractorsdevelopment andof granteesa havestable, opposedwell-trained, unionizationcommitted byworkforce theiris employeesessential and diverted tax dollars from their appropriated intent to hire consultants and conduct campaigns aimed at influencing the -2-provision LRB093of 03391quality WGHgoods 03409and bservices outcometo ofIllinois' unioncitizens. representation elections.

Additionally,SB461 contractorsEngrossed and-2- granteesLRB093 opposing03391 unionizationWGH of03409 theirb employees(d) haveThe requiredGeneral Assembly further finds that the employeestax dollars intended for appropriated use should not be used to attendconduct compulsorycampaigns anti-unionaimed meetingsat oninfluencing workthe time.outcome of union representation elections.

(d)In Theaddition, Generalstaff Assemblytime, findspaid thatwith thetax developmentdollars, ofshould abe stable,spent well-trained,providing committedgoods workforceor isservices essential to theIllinois' provisioncitizens ofand qualitynot goodsconsumed andby servicesattending compulsory meetings to Illinois'influence citizens.employees regarding unionization.

(e) TheIt Generalis Assemblyhereby furtherdeclared findsto thatbe the taxpolicy dollarsof intendedthe forState appropriatedof useIllinois shouldthat, notto befoster usedthe todevelopment conductof campaignsa aimedstable, atwell-trained, influencingcommitted workforce, the outcomeState of unionIllinois representationshall elections.prohibit its contractors or grantees from using State funding to influence the decision of their employees to be represented or not be represented by a union.

In addition, staff time, paid with tax dollars, should be spent providing goods or services to Illinois' citizens and not consumed by attending compulsory anti-union meetings.

(f) It is hereby declared to be the policy of the State of Illinois that, to foster the development of a stable, well-trained, committed workforce, the State of Illinois shall prohibit its contractors or grantees from using State funding to influence the decision of their employees to be represented or not be represented by a union.

"Contractor or grantee" means an individual or entity, other than the State of Illinois, a State agency, or a political subdivision of the State of Illinois, which has a reimbursement agreement or contractual or other relationship with or has received moneys from the State of Illinois or a State agency orto provide goods or services, or public works which reimbursement agreement, contractor,contract, or grant is funded in whole or in part by the State of Illinois, or through the Medicaid program of the State of Illinois.

"Contractor" includes a subcontractor and a contractor of a grantee and any other entity, other than a unit of local -3- LRB093 03391 WGH 03409 b government or a school district, that receives State funds for supplying goods or services or public works pursuant to a written contract with the State or any of its agencies and which is controlled in whole or in part by the contractor or an entity in which the contractor has a substantial beneficial interest.

"Grantee" includes a sub-grantee and a grantee of a contractor and any other entity which provides goods or SB461 Engrossed -3- LRB093 03391 WGH 03409 b services or public works controlled in whole or in part by the grantee, or an entity in which the grantee has a substantial beneficial interest.

"State funds" means any money or other thing of value provided by the State of Illinois or a State agency.

"Public works" as defined herein includes all projects financed in whole or in part with bonds issued under the Industrial Project Revenue Bond Act (Article 11, Division 74 of the Illinois Municipal Code), the Industrial Building Revenue Bond Act, the Illinois Development Finance Authority Act, the Illinois Sports Facilities Authority Act, or the Build Illinois Bond Act, and all projects financed in whole or in part with loans or other -4- LRB093 03391 WGH 03409 b funds made available pursuant to the Build Illinois Act.

"Public works" also means, through December 31, 2005, all projects financed in whole or in part with funds from the Fund for Illinois' Future under Section 6z-47 of the State Finance Act, funds for school construction under Section 5 of the General Obligation Bond Act, funds authorized under Section 3 of the School Construction Bond Act, funds for school infrastructure under Section 6z-45 of the State SB461 Engrossed -4- LRB093 03391 WGH 03409 b Finance Act, or funds for transportation purposes under Section 4 of the General Obligation Bond Act.

(a) All contractors and grantees shall certify as part of any State contract, grant, or reimbursement that they will not use State funds to promote, assist, or deter union organizing or to otherwise seek to influence the decision of any of its employees to be represented or not represented by a labor organization, and, with respect to employees engaged in employment inthat connectionis withfunded by a State contract, grant, or reimbursement, that they will:

and -5- LRB093 03391 WGH 03409 b (ii) not schedule or hold meetings related to union representation during an employee's work time or in work areas;areas.

and (iii) allow a labor organization the same opportunity to communicate with employees as is used by the contractor or the grantee, including the right to have access to the premises of the contractor or grantee, post notices, distribute literature, and use the premises of the employer to hold meetings with employees.

SB461 Engrossed -5- LRB093 03391 WGH 03409 b (c) Any reimbursement agreement, contract, or grant entered into by and between a contractor or a grantee and the State of Illinois or a State agency to provide goods or services or public works shall include a certification under subsection (a) and an agreement by the contractor or grantee to comply with the terms of the certification under subsection (a).

(a) Any laborcontractor organizationor maygrantee filewho ais complaintsubject withto thethis IllinoisAct Attorneyand Generalwho ifmakes itexpenditures believesto thatassist, apromote, contractor or -6-deter LRB093union 03391organizing WGHshall 03409maintain brecords granteesufficient isto expendingshow that no State funds inwere violationused offor thisthose Act.expenditures.

UponExpenditures theto filingbe ofincluded suchin athis complaint,record theinclude, Illinoisbut Attorneyare Generalnot shall,limited withinto, 14 calendar days, notify the contractorcost orof: grantee that it must provide the following accounting:

(1) The date, the amount of, and the nature of any use of money or other things of value for the production or distribution of literature or other similar communications,communications therelated holdingto ofunion meetings,representation; including meetings with supervisors and managerial employees, and the use of consultants or lawyers;

namesthe hiring of anyvendors, vendors including attorneyslawyers and consultantsconsultants, who receive payment for the purpose of influencing a unionization effort,effort; the amount of such payment and the nature of the services provided.

(2)the Theholding source of themeetings, moneyincluding ormeetings otherwith thingssupervisors ofand valuemanagerial soemployees, used.to influence employees regarding unionization;

Theand accountingthe shallwages beof madeemployees, toincluding thesupervisory Illinoisand Attorneymanagement Generalemployees, withinduring 14any calendaractivity daysaimed ofat theinfluencing receipta ofunionization effort or the requestpreparation for it.the activity.

The(b) accountingAny shalltaxpayer, beemployee, madeor availableemployee torepresentative themay complainantfile upona receiptcomplaint bywith the Illinois Attorney General.General if SB461 Engrossed -6- LRB093 03391 WGH 03409 b the person believes that a contractor or grantee is expending funds in violation of this Act.

(b)The AnyIllinois contractorAttorney orGeneral granteeshall, whowithin is10 subjectbusiness todays thisafter Sectiona andcomplaint whois makesfiled, expendituresnotify tothe assist,contractor promote, or detergrantee unionthat organizingthe shallcontractor maintainor recordsgrantee sufficientmust toprovide showthe thatrecords nodescribed Statein fundssubsection were(a). used for those expenditures.

The contractor or grantee shall provide the records to the Illinois Attorney General within 15 business days after the contractor or grantee receives the notice from the Illinois Attorney General, unless the Illinois Attorney General gives the contractor or grantee a 10-day extension of time to provide the records based upon a showing of good cause for the extension by the contractor or grantee.

If the Illinois Attorney General determines that the contractor or grantee has expended funds in violation of this Act, the Illinois Attorney General shall make the records available to the complainant.

(b) If the State of Illinois brings an enforcement -7- LRB093 03391 WGH 03409 b action for violation of this Act, any person or labor organization with a direct interest in compliance with this Act may join in that enforcement action as a real party in interest.

(c) If the State of Illinois declines to institute an action for enforcement for violation of this Act, any person or labor organization with a direct interest in compliance with this Act may institute and enforce a civil action on his SB461 Engrossed -7- LRB093 03391 WGH 03409 b or her or its own behalf against the contractor or grantee and seek injunctive relief, declaratory relief, specific performance, or damages or a combination of those remedies.

Section 30.

Construction of Act.

Nothing in this Act shall be construed to make a contractor responsible for the actions of a subcontractor.