95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1498

 

Introduced 2/9/2007, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/30-22

    Amends the Illinois Procurement Code. With respect to the criteria for status as a responsible bidder on State construction contracts, adds requirements concerning the provision of employee health insurance, training, and pension or retirement benefits.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning finance.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Procurement Code is amended by
5 changing Section 30-22 as follows:
 
6     (30 ILCS 500/30-22)
7     Sec. 30-22. Construction contracts; responsible bidder
8 requirements. To be considered a responsible bidder on a
9 construction contract for purposes of this Code, a bidder must
10 comply with all of the following requirements and must present
11 satisfactory evidence of that compliance to the appropriate
12 construction agency:
13         (1) The bidder must comply with all applicable laws
14     concerning the bidder's entitlement to conduct business in
15     Illinois.
16         (2) The bidder must comply with all applicable
17     provisions of the Prevailing Wage Act.
18         (3) The bidder must comply with Subchapter VI ("Equal
19     Employment Opportunities") of Chapter 21 of Title 42 of the
20     United States Code (42 U.S.C. 2000e and following) and with
21     Federal Executive Order No. 11246 as amended by Executive
22     Order No. 11375.
23         (4) The bidder must have a valid Federal Employer

 

 

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1     Identification Number or, if an individual, a valid Social
2     Security Number.
3         (5) The bidder must have a valid certificate of
4     insurance showing the following coverages: general
5     liability, professional liability, product liability,
6     workers' compensation, completed operations, hazardous
7     occupation, and automobile.
8         (6) The bidder and all bidder's subcontractors must
9     participate in applicable apprenticeship and training
10     programs approved by and registered with the United States
11     Department of Labor's Bureau of Apprenticeship and
12     Training.
13         (7) The bidder and all the bidder's subcontractors
14     shall remit health and welfare insurance, training, and
15     pension or retirement contributions required by the
16     Prevailing Wage Act to bona fide employee benefit plans
17     administered and maintained in accordance with the
18     Employee Retirement Income Security Act or the Illinois
19     Insurance Code; provided that (A) such payments are held in
20     trust for the purposes of paying, either from principal or
21     income, or both, for the sole and exclusive benefit of
22     employees and their families and dependents for medical and
23     hospital care, training, or pensions or other retirement
24     benefits on retirement and (B) employees and employers are
25     equally represented in the administration of such fund or
26     insurance. Health and welfare insurance plans governed by

 

 

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1     the Illinois Insurance Code are exempt from the requirement
2     in clause (A) that such payments be held in trust.
3         (8) Each bidder shall additionally provide (i) medical
4     and hospital benefits for all the bidder's employees
5     employed on the project, (ii) coverage at least comparable
6     to the medical and hospital benefits provided by health and
7     welfare plans in the applicable craft recognized and used
8     by the Illinois Department of Labor in establishing wage
9     rates under the Prevailing Wage Act, or (iii) both (i) and
10     (ii).
11     The provisions of this Section shall not apply to federally
12 funded construction projects if such application would
13 jeopardize the receipt or use of federal funds in support of
14 such a project.
15 (Source: P.A. 93-642, eff. 6-1-04.)